SCHEDULE 2SCOTTISH PARLIAMENTARY ELECTION RULES

PART 2STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Nomination

Consent to nomination9

1

Subject to paragraph (3) a person shall not be validly nominated as a candidate for return as a constituency member unless that person’s consent to nomination—

a

is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of constituency nomination papers;

b

is attested by one witness; and

c

is delivered at the place, and within the time, for the delivery of constituency nomination papers.

2

Subject to paragraph (3), a person shall not be validly nominated as an individual candidate for return as a regional member or as a candidate on a registered party’s regional list unless that person’s consent to nomination—

a

is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of individual nomination papers and regional lists;

b

is attested by one witness; and

c

is delivered at the place or a place, and within the time, for the delivery of individual nomination papers and regional lists.

3

If the appropriate returning officer is satisfied that, owing to the absence of a person (“P”) from the United Kingdom it has not been reasonably practicable for P’s consent in writing to be given as mentioned above, a facsimile communication (or any similar means of communication) consenting to P’s nomination and purporting to have been sent by P shall be deemed for the purposes of this rule to be consent in writing given by P on the day on which it purports to have been sent, and attestation of P’s consent shall not be required.

4

The consent of a candidate (“Q”) given under this rule—

a

shall state the day, month and year of Q’s birth; and

b

shall state—

i

that Q is aware of the provisions of sections 15 to 18 of the 1998 Act68 and of any Order in Council made under section 15 of that Act;

ii

that to the best of Q’s knowledge and belief Q is not disqualified from being a member of the Scottish Parliament;

iii

in the case of a candidate for return as a constituency member, that Q is aware of the provisions of sections 5(2) and 9(6) of the 1998 Act and that, to the best of Q’s knowledge and belief, Q may stand as a candidate to be a member for that constituency;

iv

in the case of a candidate on a registered party’s regional list, that Q is aware of the provisions of section 5(7) of the 1998 Act and that, to the best of Q’s knowledge and belief, Q may be included in that list;

v

in the case of an individual candidate for return as a regional member, that Q is aware of the terms of section 5(8) of the 1998 Act and, to the best of Q’s knowledge and belief, Q may stand as an individual candidate to be a regional member for that region.