Part III Legal Proceedings

Consequences of finding by election court of corrupt or illegal practice

159 Candidate reported guilty of corrupt or illegal practice.

(1)

If a candidate who had been elected is reported by an election court personally guilty or guilty by his agents of any corrupt or illegal practice his election shall be void.

F1(2)

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F2(3)

A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland—

(a)

for ten years, if reported personally guilty of a corrupt practice,

(b)

for three years, if reported guilty by his agents of a corrupt practice, or

(c)

during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice,

and if at the date of the report he holds any such office, then the office shall be vacated as from that date.

(4)

The provisions of this section as to the consequences of the report that a candidate was guilty by his agents of a corrupt or illegal practice have effect subject to the express provisions of this Act relating to particular acts which are declared to be corrupt or illegal practices.