Representation of the People Act 1983

160 Persons reported personally guilty of corrupt or illegal practices. U.K.

(1) F1 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 . . . , 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.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (3) The report shall be laid before the Director of Public Prosecutions.]

[F4 (4) 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 [F5 [F6 , 62A or 62B]] 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 F7 [F8 . . . ] 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.]

[F9 (5B) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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.

(7) 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.

Textual Amendments

F1 Words repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5

F2 S. 160(2) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 52(a), Sch. 5

F3 S. 160(3) substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 52(b)

F4 Ss. 160(4)-(5A) substituted (16.2.2001) for s. 160(4)(5) by 2000 c. 41, s. 137, Sch. 17 para. 8, (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 6)

F5 Words in s. 160(4A) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 120(2); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(d) (subject to transitional provisions in art. 4, Sch. 2)

F6 Words in s. 160(4A) substituted (3.5.2007) by The Local Electoral Administration and Registration Services (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/931), art. 2(3)(a)

F7 Words in s. 160(5A) repealed (29.1.2007 for S. and 3.5.2007 for E.W.N.I.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 34(2)(a), 63; S.S.I. 2007/26, art. 2(1)(m); S.I. 2007/931, arts. 1, 2(3)(b)

F8 Words in s. 160(5A) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 120(3); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(d) (subject to transitional provisions in art. 4, Sch. 2)

F9 S. 160(5B) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 120(4); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(d) (subject to transitional provisions in art. 4, Sch. 2)

F10 S. 160(5B) repealed (S.) (29.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 34(2)(b), 63; S.S.I. 2007/26, art. 2(1)(m)

Modifications etc. (not altering text)

C1 S. 160 applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I

S. 160 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

S. 160 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 160 applied (with modifications) (11.3.1999) by S.I. 1999/787, art. 85(1)-(3), Sch. 6 Pts. I, II (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))

S. 160 applied (with modifications) (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 81, Sch. 6 Pts. I, II (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))

C2 S. 160 applied (with modifications) (15.3.2007 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937), arts. 1, 83, Sch. 6 Pts. I, II

C3 S. 160 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C4 S. 160 applied (with modifications) (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 84(2)(3), Sch. 6 Pt. 2 (with art. 1(2)(3))

C5 S. 160 applied (with modifications) (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 84(1)(3), Sch. 6 Pt. 1 (with art. 1(2)(3))

C6 S. 160 modified (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 75

C7 S. 160(1)(3) applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 19(8), Sch. 6

S. 160(1)(3) applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 15(8), Sch. 5 (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

C8 S. 160(1)(3) applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), reg. 15, Sch. 16

C9 S. 160(1)(3) applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 11, Sch. 5

C10 S. 160(1)(3) applied (with modifications) (E.W.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 6

C11 S. 160(1)(3) applied (with modifications) (E.W.S.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 6 (with reg. 27)

C12 S. 160(4)(5)(7) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1