{
  "url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007/schedule-6/part-II",
  "json_url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007/schedule-6/part-II.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/II",
  "kind": "part",
  "number": "II",
  "heading": "ELECTION OR RETURN OF REGIONAL MEMBER",
  "text": "Provision applied\nModification\nSection 120 (method of questioning parliamentary election)\nAt the end insert–\n“(3) No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.\n(4) No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998”.\nSection 121 (presentation and service of parliamentary election petition)\nFor subsection (2) substitute–\n“(2) If the petition complains of the conduct of–\n(a) the regional returning officer,\n(b) any constituency returning officer,\nthe officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.\nSection 122 (time for presentation or amendment of parliamentary election petition)\nFor the section substitute–\n“122 An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 66 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”\nSection 123 (constitution of election court and place of trial)\nOmit subsections (3) and (4).\nSection 125 (judges' expenses and reception: Scotland)\nSection 126 (attendance of House of Commons of 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 139 (trial of petition)\nIn subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”.\nOmit subsection (4).\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 subsection (1) for the words from “the member” to “void” substitute–\n“(a) the member or members whose election is complained of was or were duly elected,\n(b) some other person or persons should have been declared to be elected, or\n(c) the election of all members for that region was void.”.\nIn subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.\nFor subsection (3) substitute–\n“(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election shall stand.”.\nOmit subsections (4) to (7).\nSection 154 (costs of petition)\nSection 155 (neglect or refusal to pay costs)\nSection 157 (appeals and jurisdiction), subsections (3) and (7)\nSection 160 (persons reported personally guilty of corrupt or illegal practices)\nOmit subsections (1) to (3) and (6).\nIn subsection (4)–\n(a) for the words “reported by an election court personally guilty” substitute “convicted”;\n(b) after “Kingdom” insert “or election to the Scottish Parliament”; and\n(c) after “Commons”, in each place where it occurs, insert “or the Scottish Parliament”.\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)\nFor the words from the beginning to “prosecution” substitute–\n“A person who is guilty of an illegal practice shall be liable–\n(a) in the case of an illegal practice under article 42 or 47 of the Order (as applied by article 83 of the Order), on conviction on indictment to a fine;\n(b) in the case of any illegal practice (including the ones mentioned in paragraph (a)), on summary conviction, to a fine not exceeding the amount specified as level 5 on the standard scale;\nand on a prosecution”.\nSection 170 (conviction of illegal practice on charge of corrupt practice etc.)\nSection 173A (incapacity to hold public or judicial office in Scotland\nSection 174 (mitigation and remission etc.)\nOmit subsections (1) to (4).\nIn subsection (5) omit–\n(a) “or the report of an election court”; and\n(b) “or report”, in both places where the words occur.\nSection 175 (illegal payments etc.)\nIn subsection (2) omit the words from “and if” to the end.\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)\nOmit paragraph (b).\nAfter paragraph (ii) insert\n“and\n(iii) that a registered party named in the certificate submitted a regional list at the election,”.\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)\nAt the end, insert\n“the Order” means the Scottish Parliament (Elections etc.) Order 2007.”.\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 reference to Part III 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/schedule/6/part/II",
    "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."
}