How an MP becomes subject to a recall petition process

I12The first and third recall conditions: further provision

1

In section 1(3) and (9) (the first and third recall conditions)—

a

the reference to an offence includes an offence committed before the MP became an MP and an offence committed before the day on which section 1 comes into force, but

b

the reference to an MP being convicted of an offence is only to an MP being convicted of an offence on or after the day on which section 1 comes into force.

2

The reference in section 1(3) to an offence does not include an offence mentioned in section 1(9).

3

The reference in section 1(3) to an MP being sentenced or ordered—

a

includes the MP being sentenced or ordered where the sentence or order is suspended,

b

does not include the MP being remanded in custody, and

c

does not include the MP being authorised to be detained under mental health legislation if there is no sentence or order for imprisonment or detention other than under that legislation.

4

Mental health legislation” means—

a

the Mental Health Act 1983,

b

Part 6 or section 200(2)(b) of the Criminal Procedure (Scotland) Act 1995, or

c

the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

5

For the purposes of this Act the time at which a person becomes an MP is the beginning of the day after—

a

the polling day for the parliamentary election at which the person is elected as an MP, or

b

where the person has been elected as an MP more than once, the polling day for the parliamentary election at which the person was last so elected.