Scotland Bill

Scotland Bill - continued	House of Commons
PART I, THE SCOTTISH PARLIAMENT - continued

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	Vacancies
Constituency vacancies.	8. - (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)).
	(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.	9. - (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 7 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) He must be a person who-
	(a) was included in that list,
	(b) is not already a member of the Parliament, and
	(c) is willing to serve as a regional member for the region.
	(5) Where more than one person satisfies the conditions in subsection (4), the regional returning officer shall notify the name of whichever of them was higher, or highest, in the list.
	(6) Where a person's name has been notified under subsection (3), this Act shall apply as if he had been declared to be returned as a regional member for the region on the day on which notification of his name was received by the Presiding Officer.
	(7) For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders.
	Franchise and conduct of elections
Electors.	10. - (1) The persons entitled to vote as electors at an election for membership of the Parliament held in any constituency are those who on the day of the poll-
	(a) would be entitled to vote as electors at a local government election in an electoral area falling wholly or partly within the constituency, and
	(b) are registered in the register of local government electors at an address within the constituency.
	(2) A person is not entitled to vote as elector in any constituency-
	(a) more than once at a poll for the return of a constituency member, or
	(b) more than once at a poll for the return of regional members,
	or to vote as elector in more than one constituency at a general election.
Power to make provision about elections.	11. - (1) The Secretary of State may by order make provision as to-
	(a) the conduct of elections for membership of the Parliament,
	(b) the questioning of such an election and the consequences of irregularities, and
	(c) the return of members of the Parliament otherwise than at an election.
	(2) The provision that may be made under subsection (1)(a) includes, in particular, provision-
	(a) about the registration of electors,
	(b) for disregarding alterations in a register of electors,
	(c) about the limitation of the election expenses of candidates and registered political parties,
	(d) for the combination of polls at elections for membership of the Parliament with polls at other elections, and
	(e) for modifying the application of section 6(1) where an election for the return of a constituency member is countermanded or abandoned.
	(3) An order under subsection (1) may-
	(a) apply, with or without modifications or exceptions, any provision made by or under the Representation of the People Acts or the European Parliamentary Elections Act 1978 or by any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections,
	(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for membership of the Parliament, and
	(c) so far as may be necessary in consequence of any provision made by this Act or an order under subsection (1), modify any provision made by any enactment relating to the registration of parliamentary electors or local government electors.
	(4) The return of a member of the Parliament at an election may be questioned only under Part III of the Representation of the People Act 1983 as applied by an order under subsection (1).
	(5) For the purposes of this Act, the regional returning officer for any region is the person designated as such in accordance with an order made by the Secretary of State under this subsection.
	Duration of membership
Term of office of members.	12. The term of office of a member of the Parliament begins on the day on which the member is declared to be returned and ends with the dissolution of the Parliament.
Resignation of members.	13. A member of the Parliament may at any time resign his seat by giving notice in writing to the Presiding Officer.
	Disqualification
Disqualification from membership of the Parliament.	14. - (1) A person is disqualified from being a member of the Parliament (subject to section 15) if-
	(a) he is disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures),
	(b) he is disqualified otherwise than under that Act (either generally or in relation to a particular parliamentary constituency) from being a member of the House of Commons or from sitting and voting in it,
	(c) he is a Lord of Appeal in Ordinary, or
	(d) he holds an office of a description specified in an Order in Council made by Her Majesty under this subsection.
	(2) A person who holds an office of a description specified in an Order in Council made by Her Majesty under this subsection is disqualified from being a member of the Parliament for any constituency or region of a description specified in the Order in relation to that office.
Exceptions and relief from disqualification.	15. - (1) A person is not disqualified from being a member of the Parliament merely because-
	(a) he is a peer (whether of the United Kingdom, Great Britain, England or Scotland), or
	(b) he has been ordained or is a minister of any religious denomination.
	(2) A citizen of the European Union who is resident in the United Kingdom is not disqualified from being a member of the Parliament merely because of section 3 of the Act of Settlement (disqualification of persons born outside the United Kingdom other than Commonwealth citizens and citizens of the Republic of Ireland).
	(3) Subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the Parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 14(1)(b).
	(4) The Parliament may resolve to disregard any disqualification incurred by that person on the ground in question if it considers that-
	(a) the ground has been removed, and
	(b) it is proper to disregard any disqualification so incurred.
	(5) A resolution under this section shall not-
	(a) affect any proceedings under Part III of the Representation of the People Act 1983 as applied by an order under section 11, or
	(b) enable the Parliament to disregard any disqualification which has been established in such proceedings or in proceedings under section 17.
Effect of disqualification.	16. - (1) If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant.
	(2) If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant).
	(3) Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 15.
	(4) The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit.
Judicial proceedings as to disqualification.	17. - (1) Any person who claims that a person purporting to be a member of the Parliament is disqualified or has been disqualified at any time since being returned may apply to the Court of Session for a declarator to that effect.
	(2) An application in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted when the person was returned or to have arisen subsequently.
	(3) No declarator shall be made-
	(a) on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the disqualification on those grounds of the person concerned is or was in issue, or
	(b) on any ground, if a resolution under section 15 requires that any disqualification incurred on that ground by the person concerned is to be disregarded.
	(4) The person in respect of whom an application is made shall be the defender.
	(5) The applicant shall give such caution for the expenses of the proceedings as the Court of Session may direct; but any such caution shall not exceed £5,000 or such other sum as the Scottish Ministers may by order specify.
	(6) The decision of the court on an application under this section shall be final.
	(7) In this section "disqualified" means disqualified from being a member of the Parliament or from being a member for the constituency or region for which the person concerned purports to sit.

Prepared 1 April 1998