Part 1 ELECTION AND RETURN OF CONSTITUENCY MEMBERI1

Scotland

Provision applied	Modification
Section 120 (method of questioning parliamentary election)
Section 121 (presentation and service of parliamentary election petition)
Section 122 (time for presentation or amendment of parliamentary election petition)
Section 123 (constitution of election court and place of trial)
Section 125 (judges’ expenses and reception: Scotland)	In paragraph (b) for “the Treasury, out of moneys provided by Parliament” substitute “the Scottish Ministers, out of the Scottish Consolidated Fund”.
Section 126 (attendance of House of Commons shorthand writer)	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.
	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.
Section 136 (security for costs)
Section 137 (petition at issue)
Section 138 (list of petitions)
Section 139 (trial of petition)	In subsection (3) the words from “the acceptance” to “notwithstanding”, in the third place where it occurs, shall be omitted.
Section 139 (trial of petition)	In subsection (6), the reference to the parliamentary election rules shall be construed as a reference to the Scottish Parliamentary Election Rules.
Section 140 (witnesses)	Omit subsection (6).
Section 140 (witnesses)	In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”.
Section 141 (duty to answer relevant questions)
Section 143 (expenses of witnesses)
Section 144 (conclusion of trial of parliamentary election petition)	In subsections (2), (4) and (6), for “Speaker” substitute “Clerk of the Scottish Parliament”.
	Omit subsections (5) and (7).
Section 146 (special case for determination of High Court)	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.
Section 147 (withdrawal of petition)
Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)
Section 156 (further provision as to costs)
Section 157 (appeals and jurisdiction)	Omit subsections (1), (4), (6) and (8).
	For subsection (2) substitute—
	“(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 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.”.
	In subsection (7), omit the words from the beginning to “omitted, but”.
Section 158 (report as to candidate guilty of corrupt or illegal practice)
Section 159 (candidate reported guilty of corrupt or illegal practice)
Section 160 (persons reported personally guilty of corrupt or illegal practices)	In subsection (4), F1... after “Commons” in each place where it occurs, insert “or the Scottish Parliament”.
	Omit F2subsection and (6).
Section 161 (justice of the peace)
Section 162 (member of legal and certain other professions)
Section 163 (holder of licence or certificate under Licensing Acts)
Section 164 (avoidance of election for general corruption etc.)
Section 165 (avoidance of election for employing corrupt agent)	Omit subsection (4).
Section 166 (votes to be struck off for corrupt or illegal practices)
Section 167 (application for relief)	Omit subsection (5).
Section 168 (prosecutions for corrupt practices)
Section 169 (prosecutions for illegal practices)	After “exceeding” insert “the amount specified as”.
Section 170 (conviction of illegal practice on charge of corrupt practice etc.)
Section 173 (incapacities on conviction of corrupt or illegal practice)	In subsection (1) F3... after “Commons”, in both places where it occurs, insert “or the Scottish Parliament”.
	F4. . .
	In subsection (7) after “Commons” insert “, the Scottish Parliament” and after “functions”, where it second occurs, insert “as a member of the Scottish Parliament or”.
	Omit subsection (10).
Section 173A (incapacity to hold public or judicial office in Scotland)
Section 174 (mitigation and remission etc.)
Section 175 (illegal payments etc.)
Section 176 (time limit for prosecutions)	Omit subsections (2A) to (2G).
Section 178 (prosecution of offences committed outside United Kingdom)
Section 179 (offences by associations)
Section 180 (evidence by certificate of holding of elections)
F5Section 180A (evidence by certificate of electoral registration)
Section 181 (Director of Public Prosecutions)	Omit subsections (2) to (6).
Section 183 (costs)
Section 184 (service of notices)
Section 185 (interpretation of Part 3)
Section 186 (computation of time for purposes of Part 3)	The reference to “section 119 above” shall be construed as a reference to article 81 and the reference to “Part II of this Act” shall be construed as a reference to Part 3 of this Order.

Annotations

Textual amendments

F1: Words in sch. 6 Pt. 1 Table omitted (11.12.2020) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(a)(i) (with art. 1(2))
F2: Word in sch. 6 Pt. 1 Table substituted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(a)(ii) (with art. 1(2))
F3: Words in sch. 6 Pt. 1 Table omitted (11.12.2020) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(b)(i) (with art. 1(2))
F4: Words in sch. 6 Pt. 1 omitted (11.12.2020) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(b)(ii) (with art. 1(2))
F5: Words in sch. 6 Pt. 1 Table inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(c) (with art. 1(2))

Commencement

I1: Sch. 6 Pt. 1 in force at 16.12.2015 in accordance with art. 1(1)