{
  "url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007/article-83",
  "json_url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007/article-83.json",
  "legislation": "ukdsi/2007/9780110717494",
  "legislation_title": "The Scottish Parliament (Elections etc.) Order 2007",
  "legislation_url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007",
  "path": "article/83",
  "kind": "article",
  "number": "83",
  "heading": "Application of certain provisions for Scottish parliamentary elections",
  "text": "(1) The provisions of the 1983 Act which are specified in the left hand column of Part I of Schedule 6 shall apply–\n(a) as if amended in accordance with the modifications and exceptions specified in relation to those provisions in the right hand column of that Schedule;\n(b) subject to paragraph (3); and\n(c) as if amended in accordance with such modifications as are necessary in consequence of those provisions,\nfor the purposes of a Scottish parliamentary election but only in relation to the election or return of a constituency member of the Scottish Parliament.\n(2) The provisions of the 1983 Act which are specified in the left hand column of Part II of Schedule 6 shall apply–\n(a) as if amended in accordance with the modifications and exceptions specified in relation to those provisions in the right hand column of that Schedule;\n(b) subject to paragraph (3); and\n(c) as if amended in accordance with such modifications as are necessary in consequence of those provisions,\nfor the purposes of a Scottish parliamentary election but only in relation to the election or return of a regional member of the Scottish Parliament.\n(3) Unless the context otherwise requires, in the provisions applied by Schedule 6–\n(a) any provision relating to a local government election or local government electors and associated references (including a reference to a petition questioning an election under the Local Government (Scotland) Act 1973) shall be disregarded;\n(b) any reference to a parliamentary election shall be construed as a reference to a Scottish parliamentary election (except the reference in section 160(4) of the 1983 Act) and any reference to a general election shall accordingly be construed as a reference to a Scottish parliamentary general election;\n(c) any reference to a constituency (or parliamentary constituency) shall be construed–\n(i) in relation to any election or return of a constituency member, as a reference to a Scottish parliamentary constituency;\n(ii) in relation to any election or return of a regional member, as a reference to a region;\n(d) any reference to promoting or procuring the election of a candidate shall be construed as a reference to promoting or procuring the giving of a vote for a particular candidate or registered party at the election;\n(e) any reference to a candidate, other than the one referred to in sub paragraph (d), shall be construed as a reference to either–\n(i) a candidate on a registered party’s regional list; or\n(ii) an individual candidate,\nas the case may be;\n(f) any reference to a parliamentary elector shall be construed as a reference to an elector at a Scottish parliamentary election;\n(g) any reference to a member in the context of a Member of Parliament shall be construed as a reference to a member of the Scottish Parliament;\n(h) any reference to a parliamentary election petition (except in the context of the rota for the trial of parliamentary election petitions) shall be construed as a reference to a Scottish parliamentary election petition;\n(i) any reference to the High Court shall be construed as a reference to the Court of Session and any reference to the County Court or a judge of that Court shall be construed as a reference to the sheriff;\n(j) any reference to the Director of Public Prosecutions or the Attorney General shall be construed as a reference to the Lord Advocate;\n(k) any reference to a return in the context of a return to the writ of election (and the return to Parliament) shall be construed as a reference to the declaration of the result by the returning officer under rule 62 or, as the case may be, rule 66 of the Scottish Parliamentary Election Rules;\n(l) any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Part of this Order; and\n(m) any references to an offence under the 1983 Act or to a practice, payment, employment or hiring made corrupt or illegal by any provision of that Act shall be construed, subject to any necessary modifications, as a reference to the offence under, or practice, payment, employment or hiring made illegal by, the corresponding provision of this Order.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2007/9780110717494/article/83",
    "retrieved_at": "2026-10-30T15:18:40.633858+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}