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.