Commentary on Provisions Disqualification orders under Elections Act 2022
54.Part 5 of the Elections Act 2022 made provision for a disqualification order, similar to the Scottish disqualification order provided under section 8 of this Act, but in relation to offences aggravated by hostility related to candidates (as defined in section 32 of that Act), holders of relevant elective offices (as defined in section 33 of that Act) or campaigners (as defined in section 34 of that Act). A person subject to an order is disqualified from being nominated for election to, being elected to or holding certain elective offices. Section 37 of the Elections Act 2022 lists the relevant elective offices to which the disqualification applies.
55.Part 5 of the Elections Act 2022 is part of the law of Scotland. Therefore, a court in Scotland must make an order if an offender is convicted of an offence listed in schedule 9 of that Act aggravated by hostility in relation to MSPs, Scottish councillors etc. However, the Scottish Parliament and local authorities in Scotland are not included in the list of “relevant elective offices” from which a person subject to a disqualification order is disqualified.