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Section 17 Effect of disqualification.C1C2

United Kingdom

(1)

If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant.

(2)

If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant).

(3)

Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 16.

(4)

Subsection (2) also has effect subject to F1section 16(1A) and F2... section 427 of the M1Insolvency Act 1986 (sequestration etc); and where, in consequence of F3those sections, the seat of a disqualified member of the Parliament is not vacant he shall not cease to be a member of the Parliament until his seat becomes vacant but—

(a)

he shall not participate in any proceedings of the Parliament, and

(b)

any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament.

(5)

The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit.

Annotations

Textual amendments

F1

Words in s. 17(4) inserted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(3)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2

F2

Words in s. 17(4) omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 2(1)(a)

F3

Words in s. 17 substituted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(3)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2

Marginal citations

M1

1986 c. 45.

Modifications

C1

S. 17 extended (11.3.1999) by S.I. 1997/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i)

C2

S. 17: power to modify conferred (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 3, 4, 5, 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1