s 11 Judicial proceedings as to dis. qualification
(1) Any person who claims that a person purporting to be a member of the Assembly is disqualified or has been disqualified at any time since his election may apply to the Court of Session for a declarator to that effect, and the decision of the court on the application shall be final. (2) On an application under this section the person in respect of whom the application is made shall be the defender ; and the applicant shall give such security for the expenses of the proceedings, not exceeding £200, as the Court of Session may direct. (3) An application under this section in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time of his election or to have Scotland Act 1978 c. 51 arisen subsequently ; but no declarator shall be made under this section in respect of any person— (a) on grounds which subsisted at the time of his election, if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue ; or (b) on any ground, if a resolution under section 9 of this Act requires that the ground shall be disregarded. (4) In this section “ disqualified ” means disqualified for membership of the Assembly or for any Assembly constituency.