 | |
|
SCHEDULE 16
|
| |
AMENDMENTS RELATING TO ELECTION PETITIONS |
| |
Preliminary |
| | 1. The Representation of the People Act 1983 shall be amended as follows.
|
| |
Parliamentary election petitions |
| | 2. In section 123 (constitution of election court and place of trial), subsections (3) and (4) (place of trial to be within constituency) shall be omitted.
|
| | 3. Sections 124 and 125 (judges' expenses in relation to trial of parliamentary election petition) shall be omitted.
|
| | 4. Section 126 (attendance of House of Commons shorthand writer at trial) shall be omitted.
|
| |
Local election petitions |
| | 5. In section 130 (election court for election in England and Wales and place of trial), subsections (6) and (7) (place of trial to be within area of local authority) shall be omitted.
|
| | 6. Sections 131 to 133 (accommodation and expenses in relation to trial of local election petition) shall be omitted.
|
| |
Procedure on all election petitions |
| | 7. Sections 148 to 152 (withdrawal or abatement of petition) shall be omitted.
|
| | 8. For section 153 there shall be substituted-
|
| |
| "Withdrawal of respondents before trial. |
153. Where a respondent to a parliamentary election petition has given a notice in the prescribed time and manner that he does not intend to oppose the petition, the High Court or either of the judges constituting the election court shall report that fact to the Speaker."
|
|
| | 9. In section 157 (appeals and jurisdiction), subsection (5) (additional remuneration for designated masters) shall be omitted.
|
| |
Consequences of finding by election court of corrupt or illegal practice |
| | 10. In section 159 (candidate reported guilty of corrupt or illegal practice), subsections (2) to (4) (incapacities to which candidate is subject) shall be omitted.
|
| | 11. In section 160 (candidate or other person reported personally guilty of corrupt practice or illegal practice), for subsections (4) and (5) there shall be substituted-
|
| |
 |
"(4) Subject to the provisions of 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. |
| |
(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." |
|
| | 12. In section 166 (votes to be struck off for corrupt or illegal practices), in subsection (3) (person's vote to be void if he is subject to any incapacity to vote), for "public office" there shall be substituted "elective office".
|
| | 13. In section 185(1) (interpretation of Part III of the Act)-
|
| |
(a) after the definition of "declaration as to election expenses" there shall be inserted- |
| |
|
""elective office" means any office to which a local government election is held in England or Wales;"; and |
|
| |
(b) the definition of "public office" shall be omitted. |
