Purpose and effect

The purpose and effect section under Section 19 of the Scotland Act 1998 provides for the election of a Presiding Officer to the Scottish Parliament and requires two deputies to preside over the parliament. It outlines the details for the term of office of the Presiding Officer and deputies; the exercise of the Presiding Officer's functions by a deputy if the Presiding Officer is unable to act or the office of Presiding Officer is vacant, the delegation of the Presiding Officer’s functions to a deputy and participation of the Presiding Officer and deputies in proceedings of the Parliament.^[9]

General

The General section of Section 19 of the Scotland Act 1998 highlight the general functions and responsibilities of the office of Presiding Officer. The Scotland Act 1998 highlights the general responsibilities of the Presiding Officer as being:^[10]

• Sections 2, 3 and 9 - recommending to the monarch the date for holding general elections and fixing the dates of by-elections;
• Sections 10 and 14 - receiving notification of a member’s resignation and of the filling of a vacancy in a regional seat;
• Section 21 - membership of the Scottish Parliamentary Corporate Body;
• Section 26 - administering oaths to witnesses before the Parliament;
• Sections 31 to 35 - scrutiny of Bills and submission of Bills for Royal Assent; and
• Sections 45 and 46 - recommending to the monarch the Parliament's choice of First Minister and the appointment of another member to exercise the First Minister's functions in certain circumstances.
• The Standing Orders of the Parliament also provide that the Presiding Officer shall have such other functions as may be conferred upon him or her by the Parliament or by the Standing Orders.^[11]

Details of provision

Subsection (1) of Section 19 of the Scotland Act 1998 requires the Parliament following its first meeting after a general election to the Scottish Parliament has taken place, to elect from amongst its membership a Presiding Officer and two deputies. The elections have to take place after members take their oath of allegiance due to the fact that the members cannot take part in any proceedings until they have done so under section 84(2) of the Scotland Act 1998.^[12]

Subsection (2) of the Section 19 of the Scotland Act 1998 provides for the office holder of either the Presiding Officer or Deputy Presiding Officer to hold office until:

• a new Presiding Officer is elected;
• the Presiding Officer resigns;
• the Presiding Officer ceases to be a member otherwise than by virtue of a dissolution; or
• the incumbent Presiding Officer is removed from office by resolution of the Parliament.

In Law, the Presiding Officer and the deputies will not cease to hold the office of Presiding Officer merely because of the dissolution of the Parliament before a general election. The incumbent office holders will continue to serve office until such time as the new Parliament elects a Presiding Officer (and the deputies) under subsection (1).^[13]

Subsection (3) requires members of the Scottish Parliament to elect a replacement for the Presiding Officer or a deputy who ceases to hold office for any reason before dissolution of the Parliament that may result in the Presiding Officer or a deputy leaving or being removed from the office. Subsection (4) highlights that the Presiding Officer’s functions may be exercised by a deputy if the office is vacant for whatever reason, or alternatively if the Presiding Officer is for any reason unable to act and fulfil the duties of office. Subsection (5) empowers the Presiding Officer, subject to standing orders, to authorise any deputy to exercise functions on their behalf.^[14]

Subsection (6) gives the presiding officer the power through standing orders to regulate the participation of the Presiding Officer and deputies in proceedings of the Parliament. They may cover any constraints on the way in which the Presiding Officer and deputies may vote in proceedings which they chair. Subsection (7) provides that the validity of any act of the Presiding Officer or a deputy is not affected by any defect in the election.^[15]