PART 4Legal Proceedings
Application to PCC elections of existing provisions about legal proceedings74
Schedule 9 (application to PCC elections of certain existing provisions about legal proceedings) has effect.
Persons reported personally guilty of corrupt and illegal practices75
1
In section 160 of the 1983 Act M1 (incapacities where a person has been reported by an election court personally guilty of a corrupt or illegal practice)—
a
in subsections (1), (4), (5)(a), (5A) and (7), each reference to a person guilty of a corrupt practice includes a reference to a person guilty of such a practice under—
i
a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or
ii
a provision of this Order;
b
in subsections (1), (4), (5)(b) and (7), each reference to a person guilty of an illegal practice includes a reference to a person guilty of such a practice under—
i
a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or
ii
a provision of this Order;
c
in subsections (1)(b) and (4), each reference to elective office or office includes a reference to the office of police and crime commissioner.
2
In the application of section 160 of the 1983 Act by virtue of paragraph (1)(a)(ii) or (b)(ii)—
a
the reference in subsection (1) to section 145 of the 1983 Act includes a reference to that provision as applied by paragraph 1 of Schedule 9;
b
in subsection (4A)—
i
the reference to a person convicted of a corrupt practice under section 60, 62A or 62B of the 1983 Act M2 includes a reference to a person convicted of a corrupt practice under article 17 of, or paragraph 10 of Schedule 2 to, this Order, and
ii
the reference to a person convicted of an illegal practice under section 61 of the 1983 Act includes a reference to a person convicted of an illegal practice under article 18 of this Order;
c
the reference in subsection (5A) to section 174 of the 1983 Act includes a reference to that provision as applied by paragraph 1 of Schedule 9;
d
the reference in subsection (7) to the provisions of the 1983 Act includes a reference to the provisions of this Order.
Avoidance of election for employing corrupt agent76
In section 165 of the 1983 Act M3 (avoidance of election for employing corrupt agent)—
a
in subsections (1) and (2), each reference to local government election includes a reference to an election in accordance with Chapter 6 of Part 1 of the 2011 Act;
b
the reference in subsection (1)(a) to a person convicted or reported of a corrupt or illegal practice within the meaning of the 1983 Act includes a reference to a person convicted or reported of a corrupt or illegal practice under—
i
a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or
ii
a provision of this Order;
c
the reference in subsection (4) to an election of the Mayor of London includes a reference to an election in accordance with Chapter 6 of Part 1 of the 2011 Act.
Incapacities on conviction of corrupt or illegal practice77
1
In section 173 of the 1983 Act M4 (incapacities where a person has been convicted of a corrupt or illegal practice)—
a
in subsections (1), (3)(a) and (7), each reference to a person convicted of a corrupt practice includes a reference to a person convicted of a corrupt practice under—
i
a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or
ii
a provision of this Order;
b
in subsections (1), (3)(b), and (7), each reference to a person convicted of an illegal practice includes a reference to a person convicted of an illegal practice under—
i
a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or
ii
a provision of this Order;
c
in subsections (1), (4), (6), (7) and (8), each reference to elective office or office includes a reference to the office of police and crime commissioner.
2
In the application of section 173 of the 1983 Act by virtue of paragraph (1)(a)(ii) or (b)(ii)—
a
in subsection (2)—
i
the reference to a person convicted of a corrupt practice under section 60, 62A or 62B of the 1983 Act includes a reference to a person convicted of a corrupt practice under article 17 of, or paragraph 10 of Schedule 2 to, this Order, and
ii
the reference to a person convicted of an illegal practice under section 61 of the 1983 Act includes a reference to a person convicted of an illegal practice under article 18 of this Order;
b
the references in subsection (9) to section 168 or 169 of the 1983 Act, and section 174 of that Act, include a reference to that section as applied by paragraph 1 of Schedule 9.
Incapacity to hold public or judicial office: Scotland78
1
In section 173A of the 1983 Act M5 (incapacity where a person has been convicted of a corrupt practice), the reference in subsection (1) to a person convicted of a corrupt practice includes a reference to a person convicted of a corrupt practice under—
a
a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or
b
a provision of this Order.
2
In the application of section 173A of the 1983 Act by virtue of paragraph (1)(b)—
a
the reference in subsection (1) to section 174 of the 1983 Act includes a reference to that section as applied by paragraph 1 of Schedule 9;
b
the reference in subsection (2)(a) to section 173 of the 1983 Act is a reference to that section as it has effect by virtue of article 77;
c
the reference in subsection (2)(b) to section 168 of the 1983 Act includes a reference to that section as applied by paragraph 1 of Schedule 9.