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PART IVLEGAL PROCEEDINGS

Application of certain provisions for Scottish parliamentary elections

83.—(1) The provisions of the 1983 Act which are specified in the left hand column of Part I 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 II 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 Government (Scotland) Act 1973) shall be disregarded;

(b)any reference to a parliamentary election shall be construed as a reference to a Scottish parliamentary election (except the reference in section 160(4) of the 1983 Act) 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 66 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 references 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.