Scotland Act 1998

Part I — The Scottish Parliament

The Scottish Parliament

The Scottish Parliament

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• (1) There shall be a Scottish Parliament.

• (2) One member of the Parliament shall be returned for each constituency (under the simple majority system) at an election held in the constituency.

• (3) Members of the Parliament for each region shall be returned at a general election under the additional member system of proportional representation provided for in this Part and vacancies among such members shall be filled in accordance with this Part.

• (4) The validity of any proceedings of the Parliament is not affected by any vacancy in its membership.

• (5) Schedule 1 (which makes provision for the constituencies and regions for the purposes of this Act and the number of regional members) shall have effect.

General elections

Ordinary general elections

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The day on which the poll at an ordinary general election for membership of the Parliament is to be held is the first Thursday in May in the fifth calendar year following that in which the previous ordinary general election was held, unless

• (a) subsection (2A) prevents the poll being held on that day, or

• (b) the day of the poll is determined by a proclamation under subsection (5).

• (2A) The poll shall not be held on the same date as the date of the poll at—

• (a) a parliamentary general election ..., ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) Where subsection (2A) prevents the poll being held on the day specified in subsection (2), the poll shall be held on such day, subject to subsection (2A), as the Scottish Ministers may by order specify, unless the day of the poll is determined by a proclamation under subsection (5) as modified by subsection (5ZA).

• (3) If the poll is to be held on the first Thursday in May, or on the day specified by an order under subsection (2B) , the Parliament—

• (a) is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and

• (b) shall meet within the period of seven days beginning immediately after the day of the poll.

• (4) In subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1).

• (5) Subject to subsection (2A), if the Presiding Officer proposes a day for the holding of the poll which is not more than 4 weeks earlier, nor more than 8 weeks later, than the first Thursday in May, Her Majesty may by proclamation under the Scottish Seal—

• (a) dissolve the Parliament (unless the Parliament is already dissolved),

• (b) require the poll at the election to be held on the day proposed, and

• (c) require the Parliament to meet as soon as reasonably practicable after the day of the poll.

• (5ZZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5ZA) Where a day is specified by order under subsection (2B), subsection (5) applies as if the reference to the first Thursday in May were a reference to that day.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5D) Subsection (5E) applies if a proclamation is made in accordance with subsection (5).

• (5E) Subject to subsection (2A), if the Presiding Officer proposes another day for the holding of the poll which is not more than 8 weeks later than the day on which the poll is required to be held under the proclamation, His Majesty may by further proclamation under the Scottish Seal—

• (a) require the poll at the election to be held on the day proposed, and

• (b) require the Parliament to meet as soon as reasonably practicable after the day of the poll.

• (5F) Before proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must consult—

• (a) the Electoral Commission, and

• (b) the convener of the Electoral Management Board for Scotland.

• (5G) As soon as reasonably practicable after proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out—

• (a) the day proposed for the holding of the poll, and

• (b) the reasons for the making of the proposal.

• (6) In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland.

Reimbursement of expenses

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• (1) The Presiding Officer shall propose a day for the holding of a poll if—

• (a) the Parliament resolves that it should be dissolved and, if the resolution is passed on a division, the number of members voting in favour of it is not less than two-thirds of the total number of seats for members of the Parliament, or

• (b) any period during which the Parliament is required under section 46 to nominate one of its members for appointment as First Minister ends without such a nomination being made.

• (1A) But, despite subsection (1), the Presiding Officer may not propose a day for the holding of a poll if an event mentioned in paragraph (a) or (b) of that subsection occurs within the period of 8 weeks ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

• (2) If the Presiding Officer makes such a proposal, Her Majesty may by proclamation under the Scottish Seal—

• (a) dissolve the Parliament and require an extraordinary general election to be held,

• (b) require the poll at the election to be held on the day proposed, and

• (c) require the Parliament to meet within the period of seven days beginning immediately after the day of the poll.

• (2A) Subsection (2B) applies if a proclamation is made under subsection (2).

• (2B) If the Presiding Officer proposes another day for the holding of the poll at the extraordinary general election which is not more than 4 weeks later than the day on which the poll is required to be held under the proclamation, Her Majesty may by further proclamation under the Scottish Seal—

• (a) require the poll at the election to be held instead on the day proposed under this subsection, and

• (b) require the Parliament to meet within the period of seven days beginning immediately after the day of the poll.

• (2C) Before proposing a day for the holding of the poll under subsection (2B), the Presiding Officer must consult the Electoral Commission.

• (3) If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)), that ordinary general election shall not be held.

• (4) Subsection (3) does not affect the year in which the subsequent ordinary general election is to be held.

Calculating time for meeting of the Parliament

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In calculating any period of days for the purposes of section 2(3)(b) or (5)(c) or section 3(2)(c), Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday in Scotland or a day appointed for public thanksgiving or mourning shall be disregarded.

Candidates

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• (1) The standing orders shall include provision for ensuring that the available officers do not all represent the same political party.

• (2) The available officers are—

• (a) the Presiding Officer and the deputies appointed under section 19(1), except in the case where one or more of them is unable to act and there is at least one additional deputy;

• (b) in that case, such of the Presiding Officer and deputies as are for the time being able to act.

Accounts and audit.

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• (1) This section and sections 7 and 8 are about the return of regional members at a general election.

• (2) In each of the constituencies for the Parliament, a poll shall be held at which each person entitled to vote as elector may give a vote (referred to in this Act as a “regional vote”) for—

• (a) a registered political party which has submitted a regional list, or

• (b) an individual candidate to be a regional member for the region.

• (3) The right conferred on a person by subsection (2) is in addition to any right the person may have to vote in any poll for the return of a constituency member.

Calculation of regional figures

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• (1) The persons who are to be returned as constituency members for constituencies included in the region must be determined before the persons who are to be returned as the regional members for the region.

• (2) For each registered political party which has submitted a regional list, the regional figure for the purposes of section 8 is—

• (a) the total number of regional votes given for the party in all the constituencies included in the region,

divided by

• (b) the aggregate of one plus the number of candidates of the party returned as constituency members for any of those constituencies.

• (3) Each time a seat is allocated to the party under section 8, that figure shall be recalculated by increasing (or further increasing) the aggregate in subsection (2)(b) by one.

• (4) For each individual candidate to be a regional member for the region, the regional figure for the purposes of section 8 is the total number of regional votes given for him in all the constituencies included in the region.

Allocation of seats to regional members

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• (1) The first regional member seat shall be allocated to the registered political party or individual candidate with the highest regional figure.

• (2) The second and subsequent regional member seats shall be allocated to the registered political party or individual candidate with the highest regional figure, after any recalculation required by section 7(3) has been carried out.

• (3) An individual candidate already returned as a constituency or regional member shall be disregarded.

• (4) Seats for the region which are allocated to a registered political party shall be filled by the persons in the party’s regional list in the order in which they appear in the list.

• (5) For the purposes of this section and section 10, a person in a registered political party’s regional list who is returned as a member of the Parliament shall be treated as ceasing to be in the list (even if his return is void).

• (6) Once a party’s regional list has been exhausted (by the return of persons included in it as constituency members or by the previous application of subsection (1) or (2)) the party shall be disregarded.

• (7) If (on the application of subsection (1) or any application of subsection (2)) the highest regional figure is the regional figure of two or more parties or individual candidates,

• (a) the subsection in question shall apply to each of them; or

• (b) if paragraph (a) would result in more than the correct number of seats for the region being allocated, the subsection in question shall apply as if the regional figure for each of those parties or candidates had been adjusted in accordance with subsection (8).

• (8) The regional figure for a party or candidate is adjusted in accordance with this subsection by—

• (a) adding one vote to the total number of regional votes given for the party or candidate in all the constituencies included in the region; and

• (b) (in the case of a party) recalculating the regional figure accordingly.

• (9) If, on the application of the subsection in question in accordance with subsection (7)(b), seats would be allocated to two or more parties or individual candidates and that would result in more than the correct number of seats for the region being allocated, the regional returning officer shall decide between them by lot.

Vacancies

Constituency vacancies

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• (1) Where the seat of a constituency member is vacant, an election shall be held to fill the vacancy (subject to subsection (4)).

• (2) The date of the poll shall be fixed by the Presiding Officer.

• (3) The date shall fall within the period of three months—

• (a) beginning with the occurrence of the vacancy, or

• (b) if the vacancy does not come to the notice of the Presiding Officer within the period of one month beginning with its occurrence, beginning when it does come to his notice.

• (4) The election shall not be held if the latest date for holding the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

• (4A) Subsection (4B) applies where—

• (a) the Presiding Officer fixes a date under subsection (2), and

• (b) the date fixed does not fall within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

• (4B) The Presiding Officer may fix another date for the holding of the poll which is to be within the period of 3 months beginning with the date of the poll fixed by the Presiding Officer under subsection (2).

• (4C) Subsection (4D) applies where—

• (a) the Presiding Officer fixes a date under subsection (2) or (4B), and

• (b) the date fixed falls within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

• (4D) If the Presiding Officer considers it necessary or appropriate for any reason to do so, the Presiding Officer may determine that an election to fill the vacancy is not to be held.

• (4E) Before fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must consult—

• (a) the Electoral Commission,

• (b) the convener of the Electoral Management Board for Scotland, and

• (c) the officer appointed by order in accordance with section 12(1) of the Scotland Act 1998 to act as the returning officer for the constituency in which the seat is vacant.

• (4F) As soon as reasonably practicable after fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out—

• (a) either—

• (i) the date fixed for the holding of the poll, or (as the case may be)

• (ii) that an election is not to be held, and

• (b) the reasons for the exercise of the power.

• (5) For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders.

• (6) A person may not be a candidate at such an election if he is a member of the Parliament or a candidate in another election to fill a vacancy.

Regional vacancies

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• (1) This section applies where the seat of a regional member is vacant.

• (2) If the regional member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the seat shall remain vacant until the next general election.

• (3) If the regional member was returned (under section 8 or this section) from a registered political party’s regional list, the regional returning officer shall notify the Presiding Officer of the name of the person who is to fill the vacancy.

• (4) The regional returning officer shall ascertain from that party's regional list the name and address of the person whose name appears highest on that list (“ the first choice ”) and shall take such steps as appear to him to be reasonable to contact the first choice to ask whether he will—

• (a) state in writing that he is willing and able to serve as a regional member for that region; and

• (b) deliver a certificate signed by or on behalf of the nominating officer of the registered party which submitted that regional list stating that the first choice may be returned as a regional member from that list.

• (4A) Where—

• (a) within such period as the regional returning officer considers reasonable—

• (i) he decides that the steps he has taken to contact the first choice have been unsuccessful; or

• (ii) he has not received from that person the statement and certificate referred to in subsection (4); or

• (b) the first choice has—

• (i) stated in writing that he is not willing to serve as a regional member for that region; or

• (ii) failed to deliver the certificate referred to in subsection (4)(b),

the regional returning officer shall repeat the procedure required by subsection (4) in respect of the person (if any) whose name appears next in that list (“ the second choice ”) or, where paragraph (a) or (b) of this subsection applies in respect of that person, in respect of the person (if any) whose name appears next highest after the second choice in that list; and the regional returning officer shall continue to repeat the procedure until the regional returning officer has notified the Presiding Officer of the name of the person who is to fill the vacancy or the names in the list are exhausted.

• (5) Where a person whose name appears on that list provides the statement and certificate referred to in subsection (4), the regional returning officer shall notify to the Presiding Officer the name of that person.

• (5A) Where—

• (a) under subsection (4A), the regional returning officer has asked the second choice or a subsequent choice the questions referred to in subsection (4); and

• (b) the person who was asked those questions on an earlier occasion then provides the statement and certificate referred to in that subsection,