Section 3: Extraordinary general elections., Scotland Act 1998

The Presiding Officer shall propose a day for the holding of a poll if—

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

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.

But, despite subsection (1), the Presiding Officer may not propose a day for the holding of a poll if an event mentioned in paragraph (a) or (b) of that subsection occurs within the period of 8 weeks ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

If the Presiding Officer makes such a proposal, Her Majesty may by proclamation under the Scottish Seal—

dissolve the Parliament and require an extraordinary general election to be held,

require the poll at the election to be held on the day proposed, and

require the Parliament to meet within the period of seven days beginning immediately after the day of the poll.

Subsection (2B) applies if a proclamation is made under subsection (2).

If the Presiding Officer proposes another day for the holding of the poll at the extraordinary general election which is not more than 4 weeks later than the day on which the poll is required to be held under the proclamation, Her Majesty may by further proclamation under the Scottish Seal—

require the poll at the election to be held instead on the day proposed under this subsection, and

require the Parliament to meet within the period of seven days beginning immediately after the day of the poll.

Before proposing a day for the holding of the poll under subsection (2B), the Presiding Officer must consult the Electoral Commission.

If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)), that ordinary general election shall not be held.

Subsection (3) does not affect the year in which the subsequent ordinary general election is to be held.

Section 3: Extraordinary general elections.

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