The Scottish Parliament (Elections etc.) Order 2002

PART VII MISCELLANEOUS

Return of members and record of returns etc.

72.—(1) The Clerk of the Parliament shall on receipt of a certificate delivered under rule 61 or 65 above enter the information contained in that certificate in a book kept for that purpose at the Parliament (in this paragraph referred to as “the returns book”).

(2) Where the Presiding Officer of the Scottish Parliament–

(a) sends a notice under article 82 or 83; or

(b) concludes that an election to fill a vacancy in the seat of a constituency member shall not be held because section 9(4) of the 1998 Act applies,

he shall–

(i) record in the returns book the fact of the vacancy; and

(ii) where sub paragraph (b) applies, that no election shall be held to fill the vacancy because section 9(4) of the 1998 Act applies.

(3) Where it comes to the notice of the Presiding Officer of the Scottish Parliament that–

(a) the seat of a regional member is vacant; and

(b) the person was returned as an individual candidate,

he shall record–

(i) in the returns book the fact of that vacancy; and

(ii) that the seat (in accordance with section 10(2) of the 1998 Act) is to remain vacant until the next ordinary election.

(4) The returns book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, obtain copies from the book.