An inquiry has been launched amid claims UKIP's candidate for the Dunfermline by-election broke electoral rules by neglecting to mention he held a key health board appointment.
Peter Adams was selected to stand for Bill Walker’s vacant seat by the party and has lodged his nomination forms.
However, Mr Adams is a non-executive board member for NHS Fife and is not allowed to stand for the Scottish Parliament without resigning from his position before the papers are lodged.
The politician told The Courier newspaper he is seeking legal advice.
He said: "Some people think I am ineligible. When I sent my papers in, based on the information I had to hand, I thought I was eligible. The sooner it is resolved the better, as far as I’m concerned."
Linda Bissett, depute returning officer for Fife, said: "We are aware of the issue and have already consulted the Electoral Commission for guidance. This matter will not stop the election going ahead and Mr Adams’ name will, by law, remain on the ballot paper."
Since the matter came to light, Mr Adams has resigned from his position on the NHS Fife board.
Allan Burns, chairman of NHS Fife, said: "We are aware that Mr Adams has lodged papers to stand in the Scottish Parliamentary elections. Election guidance states that health board members cannot stand as a Scottish Parliamentary candidate without resigning from the board. As such, Mr Adams has resigned as a non-executive director of NHS Fife with immediate effect."
A spokesman for Police Scotland confirmed they had spoken with Fife Council but clarified no formal complaint had been received.
A Police Scotland spokesman said: "Police Scotland can confirm that the submission of candidate papers relating to Mr Peter Adams for the Dunfermline by-election has been raised with them by Fife Council through informal discussion but can clarify that no complaint has been noted and therefore no Police investigation has commenced.
"The discussion with Fife Council related to technical information regarding candidate eligibility and associated process.
"At this time, the matter remains in the hands of the council to clarify the circumstances".
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