{
  "url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007/schedule-6/part-I",
  "json_url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007/schedule-6/part-I.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": "schedule/6/part/I",
  "kind": "part",
  "number": "I",
  "heading": "ELECTION OR RETURN OF CONSTITUENCY MEMBER",
  "text": "Provision applied\nModification\nSection 120 (method of questioning parliamentary election)\nSection 121 (presentation and service of parliamentary election petition)\nSection 122 (time for presentation or amendment of parliamentary election petition)\nSection 123 (constitution of election court and place of trial)\nSection 125 (judges' expenses and reception: Scotland)\nSection 126 (attendance of House of Commons shorthand writer)\nIn subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.\nIn subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.\nSection 136 (security for costs)\nSection 137 (petition at issue)\nSection 138 (list of petitions)\nIn subsection (1) the words from “, a copy of which” onwards shall be omitted.\nSection 139 (trial of petition)\nIn subsection (3) the words from “the acceptance” to “notwithstanding” , in the third place where it occurs, shall be omitted.\nIn subsection (6), the reference to the Parliamentary Election Rules shall be construed as a reference to the Scottish Parliamentary Election Rules.\nSection 140 (witnesses)\nOmit subsection (6).\nSection 141 (duty to answer relevant questions)\nSection 143 (expenses of witnesses)\nSection 144 (conclusion of trial of parliamentary election petition)\nIn subsections (2), (4) and (6), for “Speaker” substitute “Clerk of the Scottish Parliament”.\nOmit subsections (5) and (7).\nSection 146 (special case for determination of High Court)\nIn subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.\nSection 147 (withdrawal of petition)\nSection 154 (costs of petition)\nSection 155 (neglect or refusal to pay costs)\nSection 156 (further provision as to costs)\nSection 157 (appeals and jurisdiction)\nOmit subsections (1), (4), (6) and (8).\nFor subsection (2) substitute–\n“(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as is appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish Parliamentary election petitions”.\nSection 158 (report as to candidate guilty of corrupt or illegal practice)\nSection 159 (candidate reported guilty of corrupt or illegal practice)\nSection 160 (persons reported personally guilty of corrupt or illegal practices)\nIn subsection (4)–\nafter “Commons”, in each place where it occurs, insert “or the Scottish Parliament”.\nOmit subsection (6).\nSection 161 (justice of the peace)\nSection 162 (member of legal and certain other professions)\nSection 163 (holder of licence or certificate under Licensing Acts).\nSection 164 (avoidance of election for general corruption etc.)\nSection 165 (avoidance of election for employing corrupt agent)\nSection 166 (votes to be struck off for corrupt or illegal practices)\nSection 167 (application for relief)\nOmit subsection (5).\nSection 168 (prosecutions for corrupt practices)\nIn subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.\nSection 169 (prosecutions for illegal practices)\nAfter “exceeding” insert “the amount specified as”.\nSection 170 (conviction of illegal practice on charge of corrupt practice etc.)\nSection 173 (incapacities on conviction of corrupt or illegal practice)\nIn subsection (1) after “Commons”, in each place where it occurs, insert “or the Scottish Parliament”.\nIn subsection (7) after “Commons” insert “, the Scottish Parliament” and after “functions”, where it second occurs, insert “as a member of the Scottish Parliament or”.\nOmit subsection 10.\nSection 173A (incapacity to hold public or judicial office in Scotland)\nSection 174 (mitigation and remission etc.)\nSection 175 (illegal payments etc.)\nSection 176 (time limit for prosecutions)\nOmit subsections (2A) to (2G)\nSection 178 (prosecution of offences committed outside United Kingdom)\nSection 179 (offences by associations)\nSection 180 (evidence by certificate of holding of elections)\nSection 180A (evidence by certificate of electoral registration\nSection 181 (Director of Public Prosecutions)\nOmit subsections (2) to (6).\nSection 183 (costs)\nSection 184 (service of notices)\nSection 185 (interpretation of Part III)\nSection 186 (computation of time for purposes of Part III)\nThe reference to “section 119 above” shall be construed as a reference to article 82 and the reference to “Part II of this Act” shall be construed as a reference to Part III of this Order.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "These subsections were inserted by the 2006 Act, section 70."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2007/9780110717494/schedule/6/part/I",
    "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."
}