Article 111 Report as to candidate’s guilt of corrupt or illegal practiceI1

England and Wales

(1)

A report of an election court under article 101 must state—

(a)

whether any corrupt or illegal practice has or has not been proved to have been committed by, or with the knowledge and consent of, any candidate at the Senedd election,

(b)

whether any of the candidates have at the Senedd election been guilty, due to the actions of their agents, of any corrupt or illegal practice in relation to the election, and

(c)

the nature of the corrupt or illegal practice.

(2)

For the purposes of articles 112 and 113—

(a)

if it is reported that a corrupt practice, other than treating or undue influence, was committed with the knowledge and consent of a candidate, the candidate must be treated as being reported personally guilty of that corrupt practice, and

(b)

if it is reported that an illegal practice was committed with the knowledge and consent of a candidate, the candidate must be treated as being reported personally guilty of that illegal practice.

(3)

Where a candidate is reported by the election court of being guilty of treating, undue influence or any illegal practice due to the actions of their agents, that candidate must not be treated for the purposes of article 112 as having been reported guilty of the offences mentioned in the report if the election court reports that the candidate has proved—

(a)

that no corrupt or illegal practice was committed at the election by the candidate or the candidate’s election agent, and the offences mentioned in the report were committed contrary to the orders and without the consent or connivance of the candidate or the candidate’s election agent,

(b)

that the candidate and the candidate’s election agent took all reasonable steps for preventing the commission of corrupt and illegal practices at the election,

(c)

that the offences mentioned in the report were of a trivial, unimportant and limited character, and

(d)

that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of the candidate’s agents.

(4)

References in this article to a candidate, the candidate’s agents or the candidate’s election agent, will, as appropriate, apply to a party list candidate and the agent or election agent of the registered political party in relation to the list submitted by that party and on which that party list candidate is included.

(5)

This article does not apply where a Senedd election petition relates to a relevant vacancy return.

Annotations

Commencement

I1: Art. 111 in force at 18.7.2025, see art. 1(2)