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Corrupt and illegal practices |
| Corrupt and illegal practices: consequences for persons convicted of such practices. |
127. - (1) For section 173 of the Representation of the People Act 1983 there shall be substituted-
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| Incapacities on conviction of corrupt or illegal practice. |
173. - (1) A person convicted of a corrupt or illegal practice-
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(a) shall, during the relevant period specified in subsection (2) below, be incapable of- |
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(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, or
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(ii) being elected to the House of Commons, or
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(iii) holding any elective office; and
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(b) if already elected to a seat in the House of Commons or holding any such office, shall vacate the seat or office subject to and in accordance with subsections (3) and (4) below. |
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(2) For the purposes of subsection (1)(a) above the relevant period is the period beginning with the date of the conviction and ending-
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(a) in the case of a person convicted of a corrupt practice, five years after that date, or |
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(b) in the case of a person convicted of an illegal practice, three years after that date, |
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except that if (at any time within that period of five or three years) a court determines on an appeal by that person against the conviction that it should not be upheld, the relevant period shall end at that time instead.
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(3) Where subsection (1)(b) applies to any person, he shall (subject to subsection (4) below) vacate the seat or office in question at the appropriate time for the purposes of this section, namely-
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(a) the end of the period which is the period prescribed by law within which notice of appeal may be given, or an application for leave to appeal may be made, by him in respect of the conviction, or |
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(b) if (at any time within that period) that period is extended- |
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(i) the end of the period as so extended, or
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(ii) the end of the period of three months beginning with the date of the conviction,
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whichever is the earlier. |
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(4) If (before the appropriate time mentioned in subsection (3) above) notice of appeal is given, or an application for leave to appeal is made, by such a person in respect of the conviction, he shall vacate the seat or office in question at the end of the period of three months beginning with the date of the conviction unless-
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(a) such an appeal is dismissed or abandoned at any earlier time (in which case he shall vacate the seat or office at that time), or |
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(b) at any time within that period of three months the court determines on such an appeal that the conviction should not be upheld (in which case the seat or office shall not be vacated by him). |
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(5) Where such a person vacates a seat or office in accordance with subsection (3) or (4) above, no subsequent determination of a court that his conviction should not be upheld shall entitle him to resume the seat or office.
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(6) If a person convicted of a corrupt or illegal practice has already been elected to a seat in the House of Commons or to any elective office, he shall (in addition to being subject to the incapacities mentioned in subsection (1)(a) above) be suspended from performing any of his functions as a Member of Parliament, or (as the case may be) any of the functions of that office, during the period of suspension specified in subsection (7) below.
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(7) For the purposes of subsection (6) above the period of suspension is the period beginning with the date of the conviction and ending with-
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(a) the date on which the seat or office is vacated in accordance with subsection (3) or (4) above, or |
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(b) where subsection (4)(b) above applies, the date on which the court determines that the conviction should not be upheld. |
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(8) Any incapacities or other requirement applying to a person by virtue of subsection (1) or (5) above applies in addition to any punishment imposed under section 168 or 169 above; but each of those subsections has effect subject to section 174 below.
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(9) Without prejudice to the generality of section 205(2) below, nothing in this section affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland.
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(2) The amendment made by subsection (1) does not have effect in relation to persons convicted of corrupt or illegal practices at local government elections in Scotland.
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| Corrupt and illegal practices: election petitions etc. |
128. - (1) The Representation of the People Act 1983 shall have effect subject to the amendments specified in Schedule 16, which in particular modifies the provisions relating to-
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(a) the procedure on election petitions; and |
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(b) the consequences of reports by election courts. |
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(2) Nothing in Schedule 16 applies to election petitions, or to reports by election courts, in respect of local government elections in Scotland.
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Miscellaneous amendments |
| Election campaigns and proceedings: miscellaneous amendments. |
129. - (1) The Representation of the People Act 1983 shall have effect subject to the amendments specified in Schedule 17, which makes changes to Part II of that Act (the election campaign) and related provisions of Part III of that Act (legal proceedings).
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(2) The amendments made by Schedule 17 do not have effect in relation to local government elections in Scotland.
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