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The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 No. 295

Public notice of early termination

This section has no associated Explanatory Memorandum

141.—(1) This regulation applies to a petition which has terminated in accordance with section 13 of the Act (early termination of recall petition process).

(2) The public notice given by the petition officer under section 13(8)(b) must include—

(a)the name and constituency of the MP to whom the petition related;

(b)the recall condition which was met in relation to that MP;

(c)the beginning and end dates of the signing period for that petition;

(d)the condition under section 13(1) of the Act which has been met.

(3) The petition clerk must forward to the petition officer, as soon as practicable after termination of the petition takes effect, the documents referred to in regulation 37(1)(a) to (f) (procedure on close of petition), which are located at the signing place, in accordance and the provisions of that regulation is to apply to this regulation as it applies to that regulation.

(4) The petition officer must forward to the registration officer as soon as practicable after the early termination of the petition, any documents in the possession of the petition officer referred to in—

(a)regulation 44(1) (as applied by regulation 44(2)) (delivery of documents to the registration officer), and

(b)regulation 114 (1) to (3) (forwarding of documents)

and the provisions of those regulations are to apply to this regulation as they apply to those regulations.

(5) In the application of this regulation to Scotland, the petition officer is not required to forward the documents mentioned to the registration officer but instead the petition officer must retain those documents and regulation 47 (retention and disposal of documents: Scotland) is to apply to those documents as it applies to documents retained under that regulation.

(6) In the application of this regulation to England and Wales and Northern Ireland, the reference to “the registration officer” is a reference to—

(a)for England and Wales—

(i)the registration officer of the local authority in whose area the constituency of the MP to whom the petition relates is situated, or

(ii)if the constituency includes any part of the area of more than one local authority, the registration officer of the local authority in whose area the greatest number of electors is registered;

(b)for Northern Ireland, the Clerk of the Crown for Northern Ireland.

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