C8C9C10C11C12C15C20 Part III Legal Proceedings

Annotations:
Modifications etc. (not altering text)
C8

Pt. 3 applied (with modifications) (E.W.) by S.I. 1987/1, rules 2, 6 and S.I. 1986/2215, rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule1(4), Sch. 1)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Pt. 3 extended (28.4.1999) by S.I. 1999/1214 reg. 5(3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)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

C9

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

C11

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

C12

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

C15

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

Consequences of finding by election court of corrupt or illegal practice

C1C2C3C14C13C18C19160 Persons reported personally guilty of corrupt or illegal practices.

C4C5C6C16C171

F1The 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.

F22

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

C4C5C6C16C17F33

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 F5F6, 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 F8F7. . . 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.

F95B

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.

C77

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.