SCHEDULE 2SCOTTISH PARLIAMENTARY ELECTION RULES

PART VIIMISCELLANEOUS

Return of members and record of returns etc.73

1

The Clerk of the Parliament shall on receipt of a certificate delivered under rule 62 or 66 enter the information contained in that certificate in a book kept for that purpose at the Parliament (in this paragraph referred to as “the returns book”).

2

Where the Presiding Officer of the Scottish Parliament–

a

sends a notice under article 84 or 85; or

b

concludes that an election to fill a vacancy in the seat of a constituency member shall not be held because section 9(4) of the 1998 Act applies,

he shall–

i

record in the returns book the fact of the vacancy; and

ii

where sub paragraph (b) applies, that no election shall be held to fill the vacancy because section 9(4) of the 1998 Act applies.

3

Where it comes to the notice of the Presiding Officer of the Scottish Parliament that–

a

the seat of a regional member is vacant; and

b

the person was returned as an individual candidate,

he shall record–

i

in the returns book the fact of that vacancy; and

ii

that the seat (in accordance with section 10(2) of the 1998 Act) is to remain vacant until the next ordinary election.

4

The returns book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, obtain copies from the book.