Version Superseded: 11/05/2001
Point in time view as at 06/08/1999. This version of this provision has been superseded.
Scotland Act 1998, Section 16 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A person is not disqualified from being a member of the Parliament merely because—
(a)he is a peer (whether of the United Kingdom, Great Britain, England or Scotland), or
(b)he has been ordained or is a minister of any religious denomination.
(2)A citizen of the European Union who is resident in the United Kingdom is not disqualified from being a member of the Parliament merely because of section 3 of the M1Act of Settlement (disqualification of persons born outside the United Kingdom other than Commonwealth citizens and citizens of the Republic of Ireland).
(3)Subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the Parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 15(1)(b).
(4)The Parliament may resolve to disregard any disqualification incurred by that person on the ground in question if it considers that—
(a)the ground has been removed, and
(b)it is proper to disregard any disqualification so incurred.
(5)A resolution under this section shall not—
(a)affect any proceedings under Part III of the Representation of the M2People Act 1983 as applied by an order under section 12, or
(b)enable the Parliament to disregard any disqualification which has been established in such proceedings or in proceedings under section 18.
Modifications etc. (not altering text)
C1S. 16 extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i)
Marginal Citations
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