Part I
(2) An application in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted when the person was returned or to have arisen subsequently.
(3) No declarator shall be made—
- (a) on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the disqualification on those grounds of the person concerned is or was in issue, or
- (b) on any ground, if a resolution under section 16 requires that any disqualification incurred on that ground by the person concerned is to be disregarded.
(4) The person in respect of whom an application is made shall be the defender.
(5) The applicant shall give such caution for the expenses of the proceedings as the Court of Session may direct; but any such caution shall not exceed £5,000 or such other sum as the Scottish Ministers may be order specify.
(6) The decision of the court on an application under this section shall be final.
(7) In this section "disqualified" means disqualified from being a member of the Parliament or from being a member for the constituency or region for which the person concerned purports to sit.
Presiding Officer and administration
Presiding Officer. 19.—(1) The Parliament shall, at its first meeting following a general election, elect from among its members a Presiding Officer and two deputies.
(2) A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless he previously resigns, ceases to be a member of the Parliament otherwise than by virtue of a dissolution or is removed from office by resolution of the Parliament.
(3) If the Presiding Officer or a deputy ceases to hold office before the Parliament is dissolved, the Parliament shall elect another from among its members to fill his place.
(4) The Presiding Officer’s functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.
(5) The Presiding Officer may (subject to standing orders) authorise any deputy to exercise functions on his behalf.
(6) Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Parliament.
(7) The validity of any act of the Presiding Officer or a deputy is not affected by any defect in his election.
