C13C14C15C16C17C22C30C32C33 Part III Legal Proceedings
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
Pt. 3 modified (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rule 1(2)(3), 6
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
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
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
Pt. 3 applied (with modifications) (E.W.) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), arts. 1, 7
Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)
Pt. 3 applied (with modifications) (4.3.2016) by The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295), reg. 1, Sch. 4 Pt. 1 (with Sch. 4 para. 2) (as amended (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 10(23))
Consequences of finding by election court of corrupt or illegal practice
C1C2C3C18C25C28158 Report as to candidate guilty of a corrupt or illegal practice.
1
The report of an election court under section 144 or section 145 above shall state whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, and the nature of the corrupt or illegal practice.
2
For the purposes of sections 159 and 160 below—
a
if it is reported that a corrupt practice other than treating or undue influence was committed with the knowledge and consent of a candidate, he shall be treated as having been reported personally guilty of that corrupt practice, and
b
if it is reported that an illegal practice was committed with the knowledge and consent of a candidate at a parliamentary election, he shall be treated as having been reported personally guilty of that illegal practice.
3
The report shall also state whether any of the candidates has been guilty by his agents of any corrupt or illegal practice in reference to the election; but if a candidate is reported guilty by his agents of treating, undue influence or any illegal practice, and the court further reports that the candidate has proved to the court—
a
that no corrupt or illegal practice was committed at the election by the candidate or his election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his election agent, and
b
that the candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election, and
c
that the offences mentioned in the report were of a trivial, unimportant and limited character, and
d
that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his agents,
then the candidate shall not be treated for the purposes of section 159 as having been reported guilty by his agents of the offences mentioned in the report.
In relation to an election where candidates are not required to have election agents, for paragraphs (a) and (b) above the following paragraphs shall be substituted—
a
that no corrupt or illegal practice was committed at the election by the candidate or with his knowledge or consent and the offences mentioned in the report were committed without the sanction or connivance of the candidate, and
b
that all reasonable means for preventing the commission of corrupt and illegal practices at the election were taken by and on behalf of the candidate,
C4C5C19C29159 Candidate reported guilty of corrupt or illegal practice.
C261
If a candidate who had been elected is reported by an election court personally guilty or guilty by his agents of any corrupt or illegal practice his election shall be void.
F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23
A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland—
a
for ten years, if reported personally guilty of a corrupt practice,
b
for three years, if reported guilty by his agents of a corrupt practice, or
c
during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice,
and if at the date of the report he holds any such office, then the office shall be vacated as from that date.
C264
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.
C6C7C8C21C20C27C31160 Persons reported personally guilty of corrupt or illegal practices.
C9C10C11C23C241
The 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 F3. . . , 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.
F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C9C10C11C23C24F53
The report shall be laid before the Director of Public Prosecutions.
F64
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
F104B
Subject to section 113(2) to (6) of the Electoral Law Act (Northern Ireland) 1962, a person reported by an election court personally guilty of a corrupt practice under paragraph 3 of Schedule 9 to that Act (undue influence)—
a
is, during the relevant period specified in subsection (5), incapable of being elected to the House of Commons, and
b
if already elected to a seat in the House of Commons, must vacate the seat as from the date of the report.
4C
In subsection (4B) “election court” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130 of that Act); and section 94(2) of that Act (persons treated as reported personally guilty) applies also for the purposes of subsection (4B).
5
For the purposes of F11subsections (4) and (4B) 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 F8. . . 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C127
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.
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