OpenLegislation

Paragraph 74A Regional election: effect of countermand or abandonment of constituency pollF1

(1)

This rule applies where at a Scottish parliamentary general election there is a contested election for return of regional members and the poll or declaration of result at a constituency election for a constituency in that region is postponed in accordance with rule 72 or 74.

(2)

For the purposes of rule 64(1) (allocation of seats), the RRO is to be treated as having received the statements prepared under rule 61 (conveying results of count etc. to RRO) and the notifications under rule 62(3) (notification of constituency member returned) from each CRO in that region when the RRO has received those statements and notifications in respect of the constituencies in the region for which the polls or declarations of result have not been so postponed.

(3)

Section 7(1) of the 1998 Act (calculation of regional figures) will apply with the modification that the reference in that subsection to “constituencies included in the region” must be read as excluding the constituencies for which the polls or declarations of result have been so postponed.

(4)

The subsequent election of a candidate for the constituency will have no effect upon the validity of the election and return of any regional member.

Annotations

Textual amendments

F1

Sch. 2 rule 74A inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 15(6) (with art. 1(2))