Commentary on Provisions Schedule Section 12 – Effect of order: Scottish Parliament
51.Section 15 of the 1998 Act provides the grounds by which a person is disqualified from being a member of the Parliament. This section amends section 15 of the 1998 Act to provide that a person who is subject to a Scottish disqualification order 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.