C HAPTER 4 F URTHER PROVISION IN RELATION TO RECALL Courts to notify Presiding Officer about matters relevant to the criminal-offence ground 30 18 Notice if member convicted (1) A court must give notice to the Presiding Officer when— (a) a member has been convicted of an offence, (b) in respect of that offence, the court sentences or orders the member to be imprisoned or detained, and 35 (c) assuming that conviction, sentence or order is not materially overturned on appeal, the criminal-offence ground will apply in relation to the member as a result. 11 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 4—Further provision in relation to recall (2) But subsection (1) does not require notice to be given if, subsequent to the sentence being imposed or the order made, the convicted person has vacated the seat in the Parliament that the person held at the time of conviction. (3) A notice under subsection (1) is to state— 5 (a) the name of the member, (b) the basis on which the court considers that the conviction and the sentence or order causes the criminal-offence ground to apply in relation to the member, and (c) whether an appeal may be brought in respect of the conviction, sentence or order. 19 Notice if appeal brought 10 (1) If an appeal is brought at the conclusion of which a relevant sentence or order could 1 be materially overturned, the court before which the appeal is brought must notify the Presiding Officer of that fact. (2) But subsection (1) does not require notice to be given if, subsequent to the sentence being imposed or the order made, the convicted person has vacated the seat in the 15 Parliament that the person held at the time of the conviction for the offence in respect of which the sentence was imposed or the order made. (3) In subsection (1), “relevant sentence or order” means a sentence or order in relation to a member which, assuming it is not materially overturned on appeal, would cause the criminal-offence ground to apply in relation to a member. 20 20 Notice of appeal outcome (1) A court must give notice to the Presiding Officer when it determines or otherwise disposes of an appeal at the conclusion of which a relevant sentence or order could have been materially overturned. (2) But subsection (1) does not require notice to be given if, subsequent to the sentence 25 being imposed or the order made, the convicted person has vacated the seat in the Parliament that the person held at the time of the conviction for the offence in respect of which the sentence was imposed or the order made. (3) A notice under subsection (1) is to state— (a) the name of the member, 30 (b) whether the sentence or order mentioned in subsection (1) has been materially overturned, and (c) whether any further appeal may be brought in which a relevant sentence or order may be overturned. (4) In this section, “relevant sentence or order” has the meaning given in section 19(3). 12 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 4—Further provision in relation to recall Regulations in connection with recall 21 Power to make further provision about processes, etc. (1) The Scottish Ministers may by regulations make any provision that would be within the legislative competence of the Parliament, if included in an Act of the Scottish Parliament, 5 as to— (a) the conduct of recall petition processes, (b) the conduct of polls under section 16, (c) the questioning of such a process or poll and the consequences of irregularities. (2) For the avoidance of doubt, regulations under subsection (1) may— 10 (a) modify any enactment (including this Act), 1 (b) create criminal offences, (c) confer powers to make subordinate legislation. (3) Regulations under subsection (1) may, in particular— (a) apply, with or without modifications or exceptions, any provision made by or 15 under— (i) the Representation of the People Acts, (ii) section 12 of the Scotland Act 1998, (iii) the Political Parties, Elections and Referendums Act 2000, (iv) any other enactment relating to elections for membership of the Parliament, 20 and (b) so far as may be necessary in consequence of any provision made by or under subsection (1), modify any provision made by any enactment relating to the registration of electors in any register of electors maintained under Part 1 of the Representation of the People Act 1983. 25 22 Power to replace references with actual dates The Scottish Ministers may by regulations modify any provision in this Part to replace a reference to the day on which a provision comes into force with the actual date on which it came into force.