The Scottish Parliament (Elections etc.) Order 1999

Decisions as to validity of individual nomination papers

15.—(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.