Version Superseded: 28/04/2013
Point in time view as at 03/07/2012. This version of this provision has been superseded.
Scotland Act 1998, Section 17 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)If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant.
(2)If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant).
(3)Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 16.
(4)Subsection (2) also has effect subject to section 141 of the M1Mental Health Act 1983 (mental illness) and section 427 of the M2Insolvency Act 1986 (sequestration etc); and where, in consequence of either of those sections, the seat of a disqualified member of the Parliament is not vacant he shall not cease to be a member of the Parliament until his seat becomes vacant but—
(a)he shall not participate in any proceedings of the Parliament, and
(b)any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament.
(5)The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit.
Modifications etc. (not altering text)
C1S. 17 extended (11.3.1999) by S.I. 1997/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i)
Marginal Citations
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