Commentary on Provisions Disqualification orders under Elections Act 2022 Section 15– Disqualification from membership
56.Section 15 of the 1998 Act provides the grounds by which a person is disqualified from being a member of the Parliament. Section 15 of the Act therefore provides that a person who is subject to a disqualification order under section 30 of the Elections Act 2022 is disqualified from membership of the Parliament (but see commentary on effect of section 18). Section 17 of the 1998 Act provides that if a disqualified person is returned as a member of the Parliament “his return shall be void and his seat vacant”. So while there is no specific rule that an ineligible person may not be a candidate in a Scottish Parliament election, there is a de facto prohibition as they would be unable to take their seat if successful.