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.