C13C14C15C16C17C21C34C35C36 Part III Legal Proceedings

Annotations:
Modifications etc. (not altering text)
C13

Pt. 3 applied (with modifications) (E.W.) by S.I. 1987/1, rules 2, 6 and S.I. 1986/2215, rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule1(4), Sch. 1)

Pt. 3 applied (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 11(2)

Pt. 3 extended (28.4.1999) by S.I. 1999/1214 reg. 5(3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)

Pt. 3 extended (9.4.2001) by S.I. 2001/1184 reg. 7(2)

Pt. 3 extended (E.W.) (1.2.2002) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185), reg. 6

C14

Pt. 3: power to apply conferred (S.) (14.9.2006) by Local Governance (Scotland) Act 2004 (asp 9), ss. 3(4), 17(2); S.S.I. 2006/470, art. 2

C16

Pt. 3 applied in part (with modifications) (S.) (17.2.2007 except for specified purposes) by The Scottish Local Government Elections Order 2007 (S.S.I. 2007/42), art. 4

C17

Pt. 3 (ss. 120-186) applied (S.) (12.10.2009) by The Health Board Elections (Scotland) Regulations 2009 (S.S.I. 2009/352), reg. 6

C21

Pt. 3 applied in part (10.11.2011 except for the purposes of any election to be held on or before 2.5.2012) by The Scottish Local Government Elections Order 2011 (S.S.I. 2011/399), arts. 1(1), 4

C35

Pt. 3 applied (with modifications) (E.W.) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), arts. 1, 7

C36

Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)

Director of Public Prosecutions’ duty to report corrupt practice

C1C2C3C4C5C18C22C25C28C31161 Justice of the Peace.

Where a justice of the peace is reported by an election court to have been guilty of any corrupt practice in reference to an election, F1. . . F2the court shall report the case to the Lord Chancellor F3and the Lord Chief JusticeF4or, in the case of a justice of the peace for any area in Scotland, F5to the Secretary of State with such evidence as may have been given of the corrupt practice.

C6C7C8C19C23C26C29C32162 Member of legal and certain other professions.

F61

Where a barrister, advocate, solicitorF7, authorised person or any person who belongs to any profession the admission to which is regulated by law is reported by an election court to have been guilty of any corrupt practice in reference to an election, F8. . . —

a

F9the court shall bring the matter before the Inn of Court F10Faculty of Advocates, High CourtF11, tribunal or other body having power to take cognizance of any misconduct of the person in his profession; and

b

the Inn of Court F10Faculty of Advocates, High CourtF11, tribunal or other body may deal with him as if the corrupt practice were misconduct by him in his profession.

F122

In subsection (1) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act).

C9C10C11C12C20C24C27C30C33163 Holder of licence or certificate under Licensing Acts.

1

If it appears to an election court that a person holding a licence or certificate under the Licensing Acts has knowingly permitted any bribery or treating in reference to any election to take place upon his licensed premises—

a

the court shall, after affording him such rights as are conferred on those about to be reported under section 160(1) above, report the fact; and

b

F13. . . , F14the court shall bring the report before the licensing authority from whom, or on whose certificate, that person obtained his licence, and the licensing authority shall cause the report to be entered in the proper register of licences.

2

The entry of the report in that register shall be taken into consideration by the licensing authority in determining whether they will or will not grant a renewal of the licence or certificate of the person reported and may be a ground, if the authority think fit, for refusing renewal.