(3) The second condition is that the MP’s seat is vacated (whether by the MP’s
disqualification or death, or otherwise).

(4) The third condition is that, in a case in which the first recall condition was met
in relation to the MP, the conviction, sentence or order in question is
5overturned on appeal.

(5) The fourth condition is that, in a case in which the third recall condition was
met in relation to the MP, the conviction in question is overturned on appeal.

(6) As soon as reasonably practicable after becoming aware that this section
applies, the Speaker must notify the petition officer that the section applies,
10specifying which of the conditions above has been met.

(7) On the petition officer receiving a notice under subsection (6)—

(a) sections 7 to 11 cease to apply in relation to the recall petition, and

(b) no further action is to be taken under or by virtue of this Act in relation
to the process relating to the signing of the recall petition except—

(i) 15the action required under subsection (8), and

(ii) any action which may be required or permitted by regulations
under section 18 in relation to the termination of that process.

(8) As soon as reasonably practicable after receiving a notice under subsection (6),
the petition officer must—

(a) 20take such steps as the officer considers necessary to terminate the
process relating to the signing of the recall petition, and

(b) give a public notice of the termination of that process in accordance
with regulations under section 18.

(9) The Speaker must lay before the House of Commons any notice given under
25subsection (6).

Outcome of recall petition

14 Determination of whether recall petition successful

(1) This section applies unless the petition officer has received a notice under
section 13(6) (early termination of recall petition process).

(2) 30As soon as reasonably practicable after the end of the signing period, the
petition officer must—

(a) determine whether the recall petition was successful,

(b) notify the Speaker that the recall petition was successful or
unsuccessful, as the case may be, and

(c) 35having done that, give a public notice of the outcome of the recall
petition in accordance with regulations under section 18.

(3) For the purposes of this Act, a recall petition is successful if the number of
persons who validly sign the petition is at least 10% of the number of eligible
registered electors.

40“The number of eligible registered electors” is the number of persons
registered in the register of parliamentary electors for the constituency on the
last day of the signing period excluding those who, according to their entry in
the register, are aged under 18 on that day.

(4) Any alteration made to the register of parliamentary electors for the
constituency which takes effect—

(a) after the day on which the Speaker’s notice is given, and

(b) on or before the cut-off day,

5does not have effect for the purposes of subsection (3) if it results from a late
application for registration.

(5) Any alteration made to the register of parliamentary electors for the
constituency which takes effect after the cut-off day does not have effect for the
purposes of subsection (3) unless it takes effect under section 13BC(6) of the
10Representation of the People Act 1983 (alterations for court orders or errors).

(6) For the purposes of subsection (3), a person validly signs a recall petition if—

(a) the person signs the petition on a day during the signing period on
which the person is entitled to do so under section 10,

(b) the person has not previously signed the petition,

(c) 15each condition (if any) imposed by regulations under section 18 of the
kind mentioned in section 18(3)(d)(i) (conditions for the exercise of
entitlement to sign) applicable to the method of signing used is met,

(d) the person’s signing of the petition is not invalid for the purposes of
this Act under regulations under section 18 of the kind mentioned in
20section 18(3)(d)(iv), and

(e) the person is not within subsection (7).

(7) A person is within this subsection if, on the last day of the signing period, the
person is not registered in the register of parliamentary electors for the
constituency because the person’s entry has been removed by an alteration
25taking effect under section 13BC(6) of the Representation of the People Act
1983.

(8) The Speaker must lay before the House of Commons any notice received under
subsection (2)(b).

15 Effect of successful petition

(1) 30If the petition officer notifies the Speaker under section 14(2)(b) that the recall
petition was successful, the MP’s seat becomes vacant on the giving of that
notice.

(2) That does not apply if the seat has already been vacated (whether by the MP’s
disqualification or death, or otherwise).

(3) 35Subsection (1) is subject to regulations under section 18 about the questioning
of the outcome of the recall petition.

Financial controls

16 Expenses, donations and reporting

(1) Schedule 3 regulates expenditure in relation to recall petitions.

(2) 40Schedule 4 regulates donations in relation to recall petitions.

(3) Schedule 5 imposes reporting requirements in connection with the financial
control of recall petitions.

(4) The Minister may by regulations amend Schedule 4 or 5 to make provision
corresponding or similar to any of the modifications to Schedule 15 to PPERA
2000 (control of donations to permitted participants) made by or under the
Political Parties and Elections Act 2009 (other than section 20 of that Act).

(5) 5Regulations under subsection (4) are subject to affirmative resolution
procedure.

17 Loans

(1) Section 62 of the Electoral Administration Act 2006 (regulation of loans: power
to make provision) is amended as follows.

(2) 10In the heading, for “and referendums” substitute “, referendums and recall
petitions”.

(3) In subsection (2), after paragraph (c) insert—

“(d) an accredited campaigner in relation to a recall petition.”

(4) In subsection (3A), for “recognised third party or a permitted participant in a
15referendum” substitute “relevant person”.

(5) After that subsection insert—

“(3B) In subsection (3A) “a relevant person” means—

(a) a recognised third party,

(b) a permitted participant in a referendum, or

(c) 20an accredited campaigner in relation to a recall petition.”

(6) In subsection (8), at the appropriate places insert—

• ““accredited campaigner” has the same meaning as in Schedule 3
  to the Recall of MPs Act 2015 (see Part 5 of that Schedule);”;

• ““recall petition” has the same meaning as in the Recall of MPs Act
  252015 (see section 1(2) of that Act);”.

Final provisions

18 Power to make further provision about conduct of a recall petition etc

(1) The Minister may by regulations—

(a) make further provision about the conduct of a recall petition;

(b) 30make provision about the questioning of the outcome of a recall
petition and the consequences of irregularities;

(c) make further provision about the giving, sending, delivery or receipt of
notices or other documents under this Act.

(2) Regulations under subsection (1) may—

(a) 35apply or incorporate any provision of electoral legislation (with or
without modifications or exceptions);

(b) amend any form contained in a provision of electoral legislation for use
in relation to recall petitions;

(c) make provision conferring a discretion on any person;

(d) 40make provision creating a criminal offence;

(e) make further provision about criminal offences under this Act.

(3) The provision that may be made under subsection (1)(a) includes, in
particular—

(a) provision about the notice of petition under section 8, the petition
signing sheet under section 9 or the public notice required under
5section 13(8)(b) or 14(2)(c);

(b) provision permitting or requiring the petition officer not to make the
recall petition available for signing at the designated place or places at
particular times of the day or on particular days;

(c) provision allocating persons registered in the register of parliamentary
10electors for a constituency to a particular designated place and limiting
the availability of the petition for signing at that place to signing by
persons so allocated who are entitled to sign it;

(d) provision about signing a recall petition in person, by post or by proxy,
and in particular—

(i) 15provision under which an entitlement to sign a recall petition in
person, by post or by proxy may be exercised only where
conditions specified in the regulations are met;

(ii) provision about what a person must do in order to be regarded
as having signed a recall petition for the purposes of this Act;

(iii) 20provision about when a person who signs a recall petition by
post is treated as signing it for the purposes of this Act;

(iv) provision about when a person’s signing of a recall petition is
invalid for the purposes of this Act;

(e) provision permitting or requiring the petition officer, in determining
25under section 14(2)(a) whether a recall petition was successful, to treat
a person who signed the petition as having validly signed it for the
purposes of section 14(3);

(f) provision about access to, or the supply of copies of, the register of
parliamentary electors for a constituency or documents produced in
30relation to a recall petition;

(g) provision about the retention or disposal of documents or other
information in relation to a recall petition;

(h) further provision about the regulation of campaigning in relation to a
recall petition.

(4) 35Provision made as mentioned in subsection (3)(e) does not affect—

(a) the question of whether, for the purposes of provision made under
subsection (1)(b), a person validly signed a recall petition for the
purposes of section 14(3) (whether recall petition successful), or

(b) liability to any penalty arising from a person signing a recall petition
40but failing to validly sign it for the purposes of section 14(3).

(5) The outcome of a recall petition may be questioned only in accordance with
provision made under subsection (1)(b).

(6) The provision that may be made under subsection (1)(c) includes—

(a) provision about how a notice or other document authorised or required
45under this Act to be given, sent or delivered is given, sent or delivered;

(b) provision about the circumstances in which, and the time at which, a
notice or other document is (or is to be treated as having been) given,
sent, delivered or received.

(7) For the purposes of this section, “a provision of electoral legislation” means—

(a) 50a provision of, or made under, the Representation of the People Acts, or

(b) a provision of other legislation which is a provision relating to
elections.

(8) Regulations under this section are subject to affirmative resolution procedure.

19 Performance of the Speaker’s functions by others

(1) 5If a relevant circumstance arises, the functions of the Speaker under or by
virtue of this Act (“the Speaker’s functions”) are to be performed by the
Chairman of Ways and Means or a Deputy Chairman of Ways and Means.

(2) For the purposes of this section, a “relevant circumstance” arises if—

(a) the Speaker is unable to perform the Speaker’s functions because of
10absence, illness or for any other reason,

(b) the first, second or third recall condition has been met in relation to the
Speaker, or

(c) there is a vacancy in the office of the Speaker.

20 Minor and consequential amendments

15Schedule 6 contains minor and consequential amendments.

21 Regulations

(1) Regulations under this Act are to be made by statutory instrument.

(2) But that does not apply to regulations under—

(a) paragraph 3(9) of Schedule 1 (regulations made by the Minister about
20petition officer’s accounts), or

(b) paragraph 1(4) of Schedule 5 (regulations made by the Electoral
Commission about the form of a recall petition return).

(3) Regulations under this Act may—

(a) make consequential, supplementary, incidental, transitional or saving
25provision;

(b) make different provision for different purposes or areas.

(4) The power under subsection (3)(a) includes, in the case of regulations under
section 18 (power to make further provision about conduct of a recall petition
etc), the power to amend legislation.

(5) 30Section 26 of the Welsh Language Act 1993 (power to prescribe Welsh version)
applies in relation to regulations under this Act as it applies in relation to Acts
of Parliament.

(6) Where regulations under this Act—

(a) are subject to “affirmative resolution procedure” they must not be
35made unless a draft of the statutory instrument containing them has
been laid before, and approved by a resolution of, each House of
Parliament;

(b) are subject to “negative resolution procedure” the statutory instrument
containing them is subject to annulment in pursuance of a resolution of
40either House of Parliament.

(7) Provision that may be made by regulations under this Act for which no
Parliamentary procedure is required may be included in regulations subject to
affirmative or negative resolution procedure.

(8) Provision that may be made by regulations under this Act subject to negative
5resolution procedure may be included in regulations subject to affirmative
resolution procedure.

(9) This section (apart from subsection (7)) does not apply to regulations under
section 24 (commencement).

22 Interpretation

(1) 10In this Act—

• “the cut-off day” has the meaning given by section 10(4)(a);

• “the designated day” has the meaning given by section 7(5);

• “the designated place or places” has the meaning given by section 7(5);

• “late application for registration” has the meaning given by section
  1510(4)(b);

• “legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  an Act or Measure of the National Assembly for Wales,

  (d)

  20Northern Ireland legislation, or

  (e)

  an instrument made under legislation as mentioned in any of
  paragraphs (a) to (d) above;

• “the Minister” means the Lord President of the Council or the Secretary of
  State;

• 25“modifications” includes additions, omissions and amendments;

• “MP” means member of the House of Commons (and see section 2(5)
  regarding the time at which a person becomes an MP);

• “overturned on appeal” means—

  (a)

  in relation to a conviction, that there is no longer a conviction for
  30the purposes of section 1(3) or (9) (as the case may be), and

  (b)

  in relation to a sentence or order—

  (i)

  varied so that it is no longer a sentence or order that the
  MP be imprisoned or detained within the meaning of
  section 1(3), or

  (ii)

  35replaced with another sentence or order that is not a
  sentence or order that the MP be imprisoned or detained
  within the meaning of that provision;

• “petition officer” has the meaning given by section 6(2);

• “PPERA 2000” means the Political Parties, Elections and Referendums Act
  402000;

• “recall petition” has the meaning given by section 1(2);

• “the signing period” has the meaning given by section 9(2);

• “the Speaker” means the Speaker of the House of Commons;

• “Speaker’s notice” has the meaning given by section 5(7) (and see section
  455(6) regarding when it is given and received);

• “working day” means a day that is not—

  (a)

  a Saturday or Sunday,

  Recall of MPs BillPage 16

  (b)

  Christmas Eve, Christmas Day or Good Friday, or

  (c)

  a bank holiday or a day appointed for public thanksgiving or
  mourning,

  and for that purpose “bank holiday” means a day that is a bank holiday
  5in the part of the United Kingdom in which the MP’s constituency is
  situated.

(2) References in this Act to the register of parliamentary electors for a
constituency are to the register of parliamentary electors for the constituency
maintained under section 9 of the Representation of the People Act 1983.

(3) 10Where under that section two or more registration officers maintain registers
of parliamentary electors in respect of different parts of the same constituency,
then in relation to that constituency—

(a) references in this Act (other than in section 14(3) and (7)) to the register
of parliamentary electors for the constituency are to be read as
15references to one of those registers in respect of a part of the
constituency,

(b) the reference in section 14(3) to “the number of persons registered in the
register of parliamentary electors for the constituency on the last day of
the signing period excluding those who, according to their entry in the
20register, are aged under 18 on that day” is to be read as a reference to
the number given by—

(i) determining, in the case of each of those registers in respect of a
part of the constituency, the number of persons registered in
that register on that day excluding those who, according to their
25entry in that register, are aged under 18 on that day, and

(ii) then adding together the numbers so determined, and

(c) the reference in section 14(7) to a person who is not registered in the
register of parliamentary electors for the constituency is to be read as a
reference to a person who is not registered in any of those registers.

(4) 30References in this Act (however expressed) to the signing of a recall petition by
a person are to be read in accordance with section 11(4).

(5) A duty under this Act to notify (however expressed) is a duty to give notice in
writing.

23 Extent

(1) 35An amendment or repeal by this Act has the same extent as the provision of
legislation to which it relates.

(2) Subject to that, this Act extends to England and Wales, Scotland and Northern
Ireland.

24 Commencement

(1) 40The following provisions come into force on the day on which this Act is
passed—

(a) section 9(5) and (6) (power by regulations to amend section 9(4)
(wording of petition signing sheet));

(b) section 16(4) and (5) (power by regulations to amend Schedule 4 or 5);

(c) 45section 17 (amendments to the Electoral Administration Act 2006
conferring power by order to make provision about loans);

(d) section 18 (power to make further provision about conduct of a recall
petition etc);

(e) section 21 (regulations);

(f) sections 22 and 23 (interpretation and extent);

(g) 5this section;

(h) section 25 (short title).

(2) The following provisions (which contain other regulation-making powers and
related provision) also come into force on the day on which this Act is passed—

(a) section 6(3) and paragraph 3 of Schedule 1, for the purposes of making
10regulations under that paragraph;

(b) section 8 so far as relating to the making of regulations under section 18;

(c) section 10(6) and paragraphs 1 and 7 of Schedule 2, for the purposes of
making regulations under section 13BC of the Representation of the
People Act 1983 (as inserted by paragraph 7);

(d) 15paragraphs 16, 23 and 24 of Schedule 3 (and section 16(1) so far as
relating to those paragraphs);

(e) paragraphs 3(4) to (6) and 8 of Schedule 4 (and section 16(2) so far as
relating to those provisions of that Schedule);

(f) section 16(3) and paragraphs 1, 3, 4 and 9 of Schedule 5, for the
20purposes of making regulations under those paragraphs;

(g) paragraph 3(6) of Schedule 6 (which amends section 7(2) of PPERA
2000) (and paragraphs 2 and 3(1) of that Schedule, and section 20, so far
as relating to paragraph 3(6)).

(3) The remaining provisions of this Act come into force on such day as the
25Minister may by regulations made by statutory instrument appoint.

(4) Those regulations—

(a) may appoint different days for different purposes;

(b) may make transitional, transitory or saving provision.

25 Short title

30This Act may be cited as the Recall of MPs Act 2015.

SCHEDULES

Section 6

SCHEDULE 1 Petition officers

Petition officer’s general duty

1 5It is the petition officer’s general duty to do anything necessary for
effectually conducting a recall petition in accordance with this Act and
regulations made under it.

Performance of petition officer’s functions: delegation, assistance etc

2 (1) Sub-paragraphs (2) and (3) apply in relation to a petition officer for a
10constituency in England, Wales or Scotland.

(2) The petition officer may appoint one or more deputies to perform any or all
of the officer’s functions under or by virtue of this Act.

(3) Each local authority whose area falls wholly or partly within the
constituency must place the services of its officers at the disposal of the
15petition officer for the purpose of assisting the petition officer in the
performance of the officer’s functions under or by virtue of this Act.

(4) “Local authority” means—

(a) a district council,

(b) a county council in England for a county in which there are no
20district councils,

(c) a London borough council,

(d) the Common Council of the City of London,

(e) the Council of the Isles of Scilly,

(f) a county council or county borough council in Wales, or

(g) 25a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39)Local Government etc.
(Scotland) Act 1994 (c. 39).

(5) Sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland)
1962 (appointment of temporary deputy, delegation to assistants and
involvement of officers of local authorities) have effect in relation to the
30Chief Electoral Officer for Northern Ireland in his or her capacity as a
petition officer in relation to a recall petition.

Expenditure

3 (1) A petition officer may recover from the Minister charges in respect of
services rendered, or expenses incurred, by the officer for or in connection
35with the performance of the officer’s functions under or by virtue of this Act
if—

(a) the services were necessarily rendered, or the expenses were
necessarily incurred, for the efficient and effective performance of
those functions, and

(b) the total of the officer’s charges does not exceed the amount (“the
5overall maximum recoverable amount”) specified in, or determined
in accordance with, regulations made by the Minister, with the
consent of the Treasury, for the purposes of this sub-paragraph.

(2) Regulations under sub-paragraph (1) may specify, or make provision for
determining in accordance with the regulations, a maximum recoverable
10amount for services or expenses of any specified description.

(3) The petition officer may not recover more than the specified maximum
recoverable amount in respect of any specified services or expenses.

(4) But in a particular case the Minister may, if satisfied that the conditions in
sub-paragraph (5) are met, and with the consent of the Treasury, authorise
15the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any
specified services or expenses.

(5) Those conditions are—

(a) 20that it was reasonable for the petition officer to render the services or
incur the expenses, and

(b) that the charges in question are reasonable.

(6) The amount of any charges recoverable in accordance with this paragraph is
to be paid by the Minister on an account being submitted to the Minister.

(7) 25But the Minister may, before payment, apply for the account to be taxed
under paragraph 4.

(8) On the request of a petition officer for an advance on account of the officer’s
charges, the Minister may make an advance on such terms as the Minister
thinks fit.

(9) 30The Minister may by regulations make provision as to—

(a) the time when accounts are to be rendered to the Minister for the
purposes of the payment of a petition officer’s charges, and

(b) the manner and form in which such accounts are to be so rendered.

(10) Any sums required by the Minister for making payments under this
35paragraph are to be charged on, and paid out of, the Consolidated Fund.

(11) In sub-paragraphs (2) to (4), “specified” means specified in, or determined in
accordance with, regulations under sub-paragraph (1).

Taxation of petition officer’s account

4 (1) An application under paragraph 3(7) for a petition officer’s account to be
40taxed (“a taxation application”) is made—

(a) in the case of a petition officer for a constituency in England or
Wales, to the county court,

(b) in the case of a petition officer for a constituency in Scotland, to the
Auditor of the Court of Session (“the Auditor”), and