C3C4C5C6C7Part III Legal Proceedings

Annotations:
Modifications etc. (not altering text)
C3

Pt. 3 applied (with modifications) (E.W.) by S.I. 1987/1, rules 2, 6 and S.I. 1986/2215, rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule1(4), Sch. 1)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Pt. 3 extended (28.4.1999) by S.I. 1999/1214 reg. 5(3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)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

C4

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

C6

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

Consequences of finding by election court of corrupt or illegal practice

C8160 Persons reported personally guilty of corrupt or illegal practices.

C11

The report of the election court under section 144 or section 145 above shall state the names of all persons (if any) who have been proved at the trial to have been guilty of any corrupt or illegal practice F1. . . , but in the case of someone—

a

who is not a party to the petition, or

b

who is not a candidate on behalf of whom the seat or office is claimed by the petition,

the election court shall first cause notice to be given to him, and if he appears in pursuance of the notice shall give him an opportunity of being heard by himself and of calling evidence in his defence to show why he should not be so reported.

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3C13

The report shall be laid before the Director of Public Prosecutions.

F44

Subject to the provisions of subsection (4A) and section 174 below, a candidate or other person reported by an election court personally guilty of a corrupt or illegal practice—

a

shall during the relevant period specified in subsection (5) below be incapable of—

i

being registered as an elector or voting at any parliamentary election in the United Kingdom or at any local government election in Great Britain,

ii

being elected to the House of Commons, or

iii

holding any elective office; and

b

if already elected to a seat in the House of Commons, or holding any such office, shall vacate the seat or office as from the date of the report.

4A

The incapacity imposed by subsection (4)(a)(i) above applies only to a candidate or other person reported personally guilty of a corrupt practice under section 60 above or of an illegal practice under section 61 above.

5

For the purposes of subsection (4) above the relevant period is the period beginning with the date of the report and ending—

a

in the case of a person reported personally guilty of a corrupt practice, five years after that date, or

b

in the case of a person reported personally guilty of an illegal practice, three years after that date.

5A

Subject to the provisions of section 174 but in addition to any incapacity arising by virtue of subsection (4) above, a candidate or other person reported by an election court personally guilty of a corrupt practice—

a

shall for the period of five years beginning with the date of the report, be incapable of holding any public or judicial office in Scotland, and

b

if already holding such an office, shall vacate it as from that date.

6

Without prejudice to the generality of the provisions of section 205(2) below, nothing in subsection (4) or subsection (5) above affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland.

C27

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.