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3.—(1) For the purposes of section 97(2) of the Act (which provides that no payment may be made in pursuance of this Order to a party if any of the members of the Parliament who are connected with it are also members of the Scottish Executive or junior Scottish Ministers), the fact that any members of the Parliament who are connected with a registered political party are also members of the Scottish Executive or junior Scottish Ministers shall, in the case of that party, be disregarded in the circumstances specified in paragraph (2).
(2) Those circumstances are that the total number of members of the Parliament connected with that party who are also members of the Scottish Executive or junior Scottish Ministers does not exceed one fifth of the total number of members of the Scottish Executive and junior Scottish Ministers.
(3) For the purposes of determining under article 2(2) the total amount of payments that may be made to a qualifying party in any period, the number of members of the Parliament who are connected with that party at the beginning of that period shall be reduced by the number of such members who are also at that time members of the Scottish Executive or junior Scottish Ministers.
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