PART 4SLEGAL PROCEEDINGS
Application of certain provisions for Scottish parliamentary electionsS
82.—(1) The provisions of the 1983 Act which are specified in the left hand column of Part 1 of Schedule 6 shall apply—
(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;
(b)subject to paragraph (3); and
(c)as if amended in accordance with such modifications as are necessary in consequence of those provisions,
for the purposes of a Scottish parliamentary election but only in relation to the election or return of a constituency member of the Scottish Parliament.
(2) The provisions of the 1983 Act which are specified in the left hand column of Part 2 of Schedule 6 shall apply—
(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;
(b)subject to paragraph (3); and
(c)as if amended in accordance with such modifications as are necessary in consequence of those provisions,
for the purposes of a Scottish parliamentary election but only in relation to the election or return of a regional member of the Scottish Parliament.
(3) Unless the context otherwise requires, in the provisions applied by Schedule 6—
(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 Governance (Scotland) Act 2004()) shall be disregarded;
(b)any reference to a parliamentary election shall be construed as a reference to a Scottish parliamentary election ... and any reference to a general election shall accordingly be construed as a reference to a Scottish parliamentary general election;
(c)any reference to a constituency (or parliamentary constituency) shall be construed—
(i)in relation to any election or return of a constituency member, as a reference to a Scottish parliamentary constituency;
(ii)in relation to any election or return of a regional member, as a reference to a region;
(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;
(e)any reference to a candidate, other than the one referred to in sub-paragraph (d), shall be construed as a reference to either—
(i)a candidate on a registered party’s regional list; or
(ii)an individual candidate,
as the case may be;
(f)any reference to a parliamentary elector shall be construed as a reference to an elector at a Scottish parliamentary election;
(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;
(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;
(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;
(j)any reference to the Director of Public Prosecutions or the Attorney General shall be construed as a reference to the Lord Advocate;
(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 65 of the Scottish Parliamentary Election Rules;
(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
(m)any reference 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.
Textual Amendments
Commencement Information