HL Deb 24 October 2000 vol 618 cc230-1

137.—(1) The petition shall be at issue as from the relevant time, as defined by subsection (2) below.

(2) In this section "the relevant time" means—

  1. (a) where the petitioner gives the security for costs required by section 136 above by a deposit of money equal to the amount of the security so required, the time when the security is so given; and
  2. (b) in any other case, the time when—
    1. (i) the time prescribed for the making of objections under section 136(4) above expires, or
    2. (ii) if such an objection is made, that objection is disallowed or removed,
    whichever happens later."

(2) The amendment made by sub-paragraph (1) does not have effect in relation to election petitions in respect of local government elections in Scotland.

. In section 138(1) (list of petitions) the words from ", a copy of which" onwards shall be omitted."). Page 162, line 10, at end insert— ("(2) The repeals made by sub-paragraph (1) do not have effect in relation to election petitions in respect of local government elections in Scotland."). Page 162, line 14, leave out paragraph 5 and insert— (". In section 159 (candidate reported guilty of corrupt or illegal practice) —

  1. (a) subsection (2) shall be omitted, and
  2. (b) for subsection (3) there shall be substituted—
(3) 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—
  1. (a) for ten years, if reported personally guilty of a corrupt practice,
  2. (b) for three years, if reported guilty by his agents of a corrupt practice, or
  3. (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." "). Page 162, line 29, at end insert ("as from the date of the report"). Page 162, line 35, at end insert— ("(5A) Subject 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—
  1. (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
  2. (b) if already holding such an office, shall vacate it as from that date.").
 Page 162, line 38, at end insert ("or to any public office in Scotland""). Page 162, leave out line 44 and insert— ("(b) in the definition of "public office" for " "public office" means any office—" substitute " "public office" in relation to Scotland means any office held in Scotland—".").

Schedule 16, as amended, agreed to.

Clause 131 [Election campaigns and proceedings: miscellaneous amendments]:

[Amendment No. 259 not moved.]

Clause 131 agreed to.

Schedule 17 [Election campaigns and proceedings: miscellaneous amendments]:

Lord Bach

moved Amendments Nos. 259A to 259V Page 163, line 6, at end insert—