Part I The Scottish Parliament

General elections

2 Ordinary general elections.

F91

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C1C32

F10The day on which the poll at an ordinary general election for membership of the Parliament is to be held is the first Thursday in May in the fifth calendar year following that in which the previous ordinary general election was held, unless

F5a

subsection (2A) prevents the poll being held on that day, or

b

the day of the poll is determined by a proclamation under subsection (5).

F12A

The poll shall not be held on the same date as the date of the poll at—

a

a parliamentary general election F12..., F11...

F11b

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2B

Where subsection (2A) prevents the poll being held on the day specified in subsection (2), the poll shall be held on such day, subject to subsection (2A), as the Scottish Ministers may by order specify, unless the day of the poll is determined by a proclamation under subsection (5) as modified by subsection (5ZA).

C43

If the poll is to be held on the first Thursday in MayF3, or on the day specified by an order under subsection (2B) , the Parliament—

a

is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and

b

shall meet within the period of seven days beginning immediately after the day of the poll.

C44

In subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1).

C2C45

F4Subject to subsection (2A), if the Presiding Officer proposes a day for the holding of the poll which is not more than one month earlier, nor more than one month later, than the first Thursday in May, Her Majesty may by proclamation under the Scottish Seal—

a

dissolve the Parliament F7(unless the Parliament is already dissolved),

b

require the poll at the election to be held on the day proposed, and

c

require the Parliament to meet within the period of seven days beginning immediately after the day of the poll.

C4F85ZZA

Before proposing a day for the holding of the poll under subsection (5), the Presiding Officer must consult the Electoral Commission.

C4F25ZA

Where a day is specified by order under subsection (2B), subsection (5) applies as if the reference to the first Thursday in May were a reference to that day.

F65A

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F65B

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F65C

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6

In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland.