Article 21 Schedule 6 to the Principal Order (Legal Proceedings)

(1)

Schedule 6 to the principal Order shall be amended in accordance with this article.

(2)

In Part 1–

(a)

in the entry for section 138 (list of petitions), in the right-hand column, insert “In subsection (1) the words from “, copy of which” onwards shall be omitted”;

(b)

the entries for sections 148 to 153 (withdrawal or abatement of petition) shall be omitted;

(c)

in the entry for section 159^f1 (candidate reported guilty of corrupt or illegal practice), in the right-hand column omit the entry for subsection (2);

(d)

in the entry for section 160 (persons reported personally guilty of corrupt or illegal practice), in the right-hand column, delete paragraph (a) and the entry in respect of subsection (5);

(e)

in the entry for section 173^f2 (incapacities on conviction of corrupt or illegal practice), in the right-hand column, insert “Omit subsection (10)”;

(f)

after the entry for section 173, there shall be added “section 173A^f3 (incapacity to hold public or judicial office in Scotland)”;

(g)

after the entry for section 180 (evidence by certificate of holding of elections) there shall be added “section 180A^f4 (evidence by certificate of electoral registration)”;

(h)

the reference to section 166 is a reference to that section as amended by paragraph 9 of Schedule 17 to the 2000 Political Parties Act.

(3)

In Part II–

(a)

the entries for sections 146 (special case for determination of High Court), 147 and 152 (withdrawal or abatement of petition) shall be omitted;

(b)

in the entry for section 160 (persons reported personally guilty of corrupt or illegal practices), in the right-hand column in the entry for subsection (4), there shall be omitted paragraphs (b) and (c) and the entry for subsection (5);

(c)

after the entry for section 170, there shall be added “Section 173A (incapacity to hold public or judicial office in Scotland)”,

(d)

after the entry for section 180, there shall be added “Section 180A (evidence by certificate of electoral registration)”.

(4)

In Parts I and II–

(a)

the reference to section 137 (petition at issue) is a reference to that section as substituted by paragraph 3 of Schedule 17 to the 2000 Political Parties Act;

(b)

the reference to section 185 (interpretation) is a reference to that section as amended by paragraph 10 of Schedule 17 to the 2000 Political Parties Act.

Annotations

Footnotes

f1: Section 159 of the 1983 Act was amended by paragraph 7 of Schedule 17 to the 2000 Political Parties Act.
f2: Section 173 was substituted by section 136 of the 2000 Political Parties Act.
f3: Section 173A was inserted into the 1983 Act by section 136 of the 2000 Political Parties Act.
f4: Section 180A was inserted into the 1983 Act by paragraph 20 of Schedule 1 to the 2000 Act