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Scottish Statutory Instruments

2020 No. 321

Constitutional Law

Devolution, Scotland

The Scottish Parliament (Disqualification) Order 2020

Made

14th October 2020

Coming into force

15th October 2020

At the Court at Windsor Castle, the 14th day of October 2020

Present,

The Queen's Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by section 15(1) and (2) of the Scotland Act 1998(1), and all other powers enabling Her Majesty to do so.

In accordance with section 115(1) and paragraphs 1 and 2 of schedule 7 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament(2).

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1.  This Order may be cited as the Scottish Parliament (Disqualification) Order 2020 and comes into force on the day after the day on which it is made.

Specified office-holders

2.  An office-holder of a description specified in Part 1 of the schedule is disqualified from being a member of the Scottish Parliament.

3.  An office-holder of a description specified in column 1 of Part 2 of the schedule is disqualified from being a member of the Scottish Parliament for any constituency specified in relation to that office-holder in column 2 of that Part of the schedule and for any region specified in relation to that office-holder in column 3 of that Part of the schedule.

Revocation of the Scottish Parliament (Disqualification) Order 2015

4.  The Scottish Parliament (Disqualification) Order 2015(3) is revoked.

Richard Tilbrook

Clerk of the Privy Council

Articles 2 and 3

SCHEDULE

PART 1 OFFICE-HOLDERS DISQUALIFIED FROM BEING A MEMBER OF THE SCOTTISH PARLIAMENT

PART 2 OFFICE-HOLDERS DISQUALIFIED FOR PARTICULAR CONSTITUENCIES AND REGIONS

Column 1 Column 2 Column 3
Office-holders Constituencies Region
Her Majesty's Lord-Lieutenant and any Lieutenant for an area in Scotland. Any constituency comprising the whole or part of the area in which the Lord-Lieutenant holds office or for which either the Lord-Lieutenant discharges the Lord-Lieutenant's functions or the Lieutenant discharges the Lieutenant's functions. Any region comprising the whole or part of the area in which the Lord-Lieutenant holds office or for which either the Lord-Lieutenant discharges the Lord-Lieutenant's functions or the Lieutenant discharges the Lieutenant's functions.
Her Majesty's Lord-Lieutenant and any Lieutenant for the city of Aberdeen, Dundee, Edinburgh or Glasgow. Any constituency comprising the whole or part of the city in which the Lord-Lieutenant holds office or for which the Lieutenant is appointed. Any region comprising the whole or part of the city in which the Lord-Lieutenant holds office or for which the Lieutenant is appointed.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies the office holders who are disqualified from being a member of the Scottish Parliament. Part 1 of the schedule specifies the office-holders who are disqualified from being a member of the Parliament. Part 2 of the schedule specifies the office-holders who are disqualified from being a member of the Parliament but only for particular constituencies or regions.

The Order revokes and replaces the Scottish Parliament (Disqualification) Order 2015.

(1)

1998 c.46.

(2)

Section 115(1) and paragraphs 1 and 2 of schedule 7 have been modified by paragraph 5(2) of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

(3)

S.S.I. 2015/350 as amended by paragraph 10(a) and (b) of schedule 1 of the Scottish Crown Estate Act 2019 (asp 1), S.S.I. 2016/338, S.S.I. 2017/36 and S.S.I. 2018/4.

(5)

1994 c.15.

(6)

1975 c.68.

(7)

1986 c.56.

(8)

2006 c.41. Section 14L was inserted by section 25(1) of the Health and Social Care Act 2012 (c.7).

(9)

1991 c.56. Section 27A was inserted by section 35(1) of the Water Act 2003 (c.37).

(10)

1981 c.64.

(11)

1968 c.16.

(12)

2014 asp 19.

(13)

1997 c.8.

(14)

1998 c.39.

(16)

1990 c.8.

(17)

1973 c.37.

(18)

2003 asp 7.

(19)

1978 c.29. Schedule 5A was inserted by paragraph 1 of schedule 16 of the Public Services Reform (Scotland) Act 2010 (asp 8).

(20)

2000 c.23.

(21)

1998 c.47.

(22)

2008 c.30.

(23)

1998 c.31.

(24)

1988 c.33.

(25)

1973 c.65.

(26)

1986 c.56.

(28)

1947 c.48.

(29)

2005 asp 6. Section 7A was inserted by section 5(1) of the Post-16 Education (Scotland) Act 2013 (asp 12).

(30)

1978 c.29.

(32)

1964 c.16.

(33)

1982 c.10.

(34)

2006 c.42.

(35)

2006 c.41.

(37)

2005 asp 6. Section 7B was inserted by section 8(1) of the Post-16 Education (Scotland) Act 2013 (asp 12).

(39)

1962 c. 14 (N.I.). Section 14A was inserted by article 6(1) of S.I. 1972/1264 (N.I. 13).

(40)

2007 c.29.

(42)

1973 c.65.

(43)

1988 c.13.

(45)

1936 c.52.

(46)

2009 c.25.

(47)

2000 c.38.

(48)

2006 c.46.

(49)

1991 c.56.

(50)

1982 c.52.

(51)

1993 c.43.

(52)

1960 c.31.

(53)

2011 c.5. See section 15(1) for the definition of "the original holding company".

(54)

2004 c.20.

(55)

1995 c.37.

(56)

1995 c.24.

(57)

1984 c.28.

(58)

1981 c.61. Section 50(1) was relevantly amended by section 1(1) of the British Overseas Territories Act 2002 (c.8).

(60)

1997 c.50. Section 119B was inserted by section 28 of the Safeguarding Vulnerable Groups Act 2006 (c.47).

(61)

2006 c.11.

(62)

2004 c.21. Section 28 was amended by section 11(2) of the Policing and Crime Act 2017 (c.4).

(64)

1958 c.47.

(67)

2000 asp 1.

(68)

1993 c.39. Schedule 4A was inserted by section 14(2) of, and schedule 2 to, the National Lottery Act 2006 (c.23).

(69)

2004 c.35.

(70)

1988 c.11. Section 9B was inserted by section 4(1) of the Financial Services Act 2012 (c.21).

(71)

1967 c.10.

(72)

2011 c.20.

(73)

2013 c.32.

(74)

1977 c.42.

(75)

1998 c.14.

(77)

1985 c.51.

(78)

1998 c.46.

(79)

1980 c.65.

(80)

1865 c.89.

(81)

1981 c.54.

(82)

1993 c.48. Section 145A was inserted by section 274(3) of the Pensions Act 2004 (c.35).

(83)

2010 asp 11.

(84)

1989 c.42.

(85)

1949 c.88. Section 27A was inserted by section 10(2) of the Intellectual Property Act 2014 (c.18).

(86)

2010 asp 2. Schedule 2A was inserted by section 81(5) of the Children and Young People (Scotland) Act 2014 (asp 8).

(87)

1994 c.26.

(88)

1984 c.58.

(89)

1983 c.2. Subsection (2A) was inserted into section 8 by paragraph 68(1) of schedule 16 of the Local Government (Wales) Act 1994 (c.19).

(90)

1977 c.42.

(91)

2007 c.6.

(92)

2002 asp 11.

(93)

2009 c.25.

(94)

1978 c.23.

(95)

1981 c.14.


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