SCHEDULE 6LEGAL PROCEEDINGS
PART 1ELECTION AND RETURN OF CONSTITUENCY MEMBER
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. |
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). |
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— | |
| |
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), omit paragraph (a)(i) and, after “Commons” in each place where it occurs, insert “or the Scottish Parliament”. |
Omit subsections (4A) 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) omit paragraph (a)(i) and, after “Commons”, in both places where it occurs, insert “or the Scottish Parliament”. |
Omit subsection (2). | |
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) | |
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. |