The vacancy is treated as if it occurred on the date of receipt of Mr Welsh’s notice of resignation (Standing Orders Rule 1.5).

In terms of Section 9 of the Scotland Act 1998, the Presiding Officer is required to fix the date of the election to fill the vacancy. The poll must be held within the period of three months from the occurrence of the vacancy.

The Presiding Officer this afternoon discussed the matter with the main party business managers and they agreed to his suggestion that the by-election be held after the new electoral register is published in mid-February. The poll is therefore likely to take place in March, though under the three month rule it must be before 21 March.

Andrew Slorance: 0131 348 5605
email: andrew.slorance@scottish.parliament.uk

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