Part I
General elections
Ordinary general elections. 2.—(1) The day on which the poll at the first ordinary general election for membership of the Parliament shall be held, and the day, time and place for the meeting of the Parliament following that poll, shall be appointed by order made by the Secretary of State.
(2) The poll at subsequent ordinary general election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary general election was held, unless the day of the poll is determined by a proclamation under subsection (5).
(3) If the poll is to be held on the first Thursday in May, the Parliament—
- (a) is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and
- (b) shall meet within the period of seven days beginning immediately after the day of the poll.
(4) In subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1).
(5) If the Presiding Officer proposes a day for the holding of the poll which is not more than one month earlier, not more than one month later, than the first Thursday in May, Her Majesty may by proclamation under the Scottish Seal—
- (a) dissolve the Parliament,
- (b) require the poll at the election to be held on the day proposed, and
- (c) require the Parliament to meet within the period of seven days beginning immediately after the day of the poll.
(6) In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland.
Extraordinary general elections. 3.—(1) The Presiding Officer shall propose a day for the holding of a poll if—
- (a) the Parliament resolves that it should be dissolved and, if the resolution is passed on a division, the number of members voting in favour of it is not less than two-thirds of the total number of seats for members of the Parliament, or
- (b) any period during which the Parliament is required under section 46 to nominate one of its members for appointment as First Minister ends without such a nomination being made.
(2) If the Presiding Officer makes such a proposal, Her Majesty may be proclamation under the Scottish Seal—
- (a) dissolve the Parliament and require an extraordinary general election to be held,
- (b) require the poll at the election to be held on the day proposed, and
- (c) require the Parliament to meet within the period of seven day beginning immediately after the day of the poll.
