SCHEDULE 2SCOTTISH PARLIAMENTARY ELECTION RULES
PART IISTAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
Nomination
Decisions as to validity of individual nomination papers15
1
Where an individual nomination paper and the candidate’s consent to it are delivered and a deposit is made in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until–
a
the regional returning officer decides that the individual nomination paper is invalid;
b
proof is given to the regional returning officer’s satisfaction of the candidate’s death; or
c
the candidate withdraws.
2
The regional returning officer is entitled to hold an individual nomination paper invalid only on one of the following grounds:–
a
that the particulars of the candidate or the witness signing the paper are not as required by law;
b
that the paper is not witnessed as so required;
c
that the candidate is disqualified by virtue of the Representation of the People Act 1981.
3
The regional returning officer shall give his decision on any objection to an individual nomination paper as soon as practicable after it is made.
4
Where a regional returning officer decides that an individual nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.
5
The regional returning officer’s decision that an individual nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.
6
Subject to paragraph (5) above, nothing in this rule prevents the validity of a nomination being questioned on an election petition.