Explanatory note

Part III of the Representation of the People Act 1983 (“the 1983 Act”) makes provision for legal proceedings in relation to elections, including the trial of parliamentary election petitions. Under section 123 of the 1983 Act, a parliamentary election petition is in England and Wales to be tried by two judges on the rota for the trial of parliamentary election petitions. Section 142 of the Senior Courts Act 1981 provides for the judges to be placed on the rota for the trial of parliamentary election petitions in England and Wales under Part III of the 1983 Act to be selected from the judges of the Queen’s Bench Division of the High Court exclusive of any who are members of the House of Lords (the section takes no account of whether they are members who are disqualified from sitting or voting in the House of Lords by virtue of their judicial office), in such manner as may be provided by rules of court.

These Rules make provision for the manner of selection of judges for the rota, which is by nomination by the President of the Queen’s Bench Division for a year at a time, with nominated judges being placed on the rota on 1st January each year and ceasing to be on the rota on 31st December. Any judges already on the rota when these Rules come into force will continue to be on the rota until 31st December 2015.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.