s 8
(1) Subject to section 9 of this Act, a person is disqualified for membership of the Assembly if— (a) he is disqualified for membership of the House of Scotland Act 1978 c. 51 Commons under paragraphs (a) to (e) of section 1(1) of the House of Commons Disqualification Act 1975 ; or (b) he is disqualified otherwise than under that Act for membership of that House or for sitting and voting in it ; or (c) he is a Lord of Appeal in Ordinary ; or (d) he holds any of the offices for the time being designated by Order in Council as offices disqualifying for membership of the Assembly ; or (e) he has been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine and a period of less than five years has elapsed since the date of that conviction. (2) A person who holds office as lord-lieutenant or lieutenant for any region, islands area or district in Scotland is disqualified for membership of the Assembly for any Assembly constituency comprising the whole or part of that area or district or of the part of that region in which he discharges his functions. (3) For the purposes of subsection (1)(e) above the ordinary date on which the period allowed for appealing against a conviction expires or, if an appeal against a conviction is made, the date on which the appeal is finally disposed of or abandoned, shall be deemed to be the date of the conviction. (4) Subsection (2) of this section applies with the necessary modifications to membership of the Assembly before an election to which an Order in Council under Part I of Schedule 1 to this Act applies. (5) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament, but this does not apply to an Order made by virtue of section 79(2) of this Act if the Assembly has resolved that the Secretary of State be requested to recommend the making of the Order.