Article 124 Incapacities on conviction of corrupt or illegal practice at a Senedd electionI1

England and Wales

(1)

Subject to paragraph (3), a person (“P”) convicted of a corrupt or illegal practice will be incapable during the relevant period of being—

(a)

registered as an elector or voting at any Senedd or local government election in Wales, or

(b)

elected to the Senedd or a local authority in Wales, and if already elected to a seat in the Senedd or as a member of a local authority in Wales, P must vacate the seat or office in accordance with paragraphs (5) and (6).

(2)

Where paragraph (1)(b) applies to P and at the time of P’s conviction, P is already elected to a seat in the Senedd or is a member of a local authority in Wales, P must–—

(a)

vacate the seat or office in accordance with paragraphs (5) and (6), and

(b)

be suspended from performing any of P’s functions as a Senedd member, or any of the functions of the office to which P was elected, during the period specified in paragraph (8).

(3)

The incapacity imposed by paragraph (1)(a) applies only to a person convicted of—

(a)

a corrupt practice under article 13(5) or 30, or

(b)

an illegal practice under article 31.

(4)

For the purpose of paragraph (1), the relevant period is the period beginning with the date of conviction and ending—

(a)

in the case of a person convicted of a corrupt practice, five years after that date,

(b)

in the case of a person convicted of an illegal practice, three years after that date, or

(c)

in the event that a court determines on appeal that the conviction should not be upheld, that date instead.

(5)

Where paragraph (2)(a) applies, P must vacate the seat or office in question—

(a)

at the end of the prescribed period during which notice of appeal may be given, or an application for leave to appeal may be made, in respect of the conviction, or

(b)

if that period is extended, the earlier of—

(i)

the end of the extended period, or

(ii)

the end of 3 months beginning with the date of the conviction.

(6)

If, before the end of the period referred to in paragraph (5), notice of appeal is given or an application for leave to appeal is made, P must vacate the seat or office 3 months after the date of conviction unless—

(a)

an appeal is dismissed or abandoned on any earlier date, in which case the person must vacate the seat or office on the date that the appeal is dismissed or abandoned, or

(b)

during the 3-month period the court determines the conviction should not be upheld, then the seat or office will not be vacated by that person.

(7)

Where P vacates a seat or office in accordance with paragraph (5) or (6), P cannot resume the seat or office if a subsequent determination of the court finds the conviction should not be upheld.

(8)

The period for which P will be suspended, for the purpose of paragraph (2)(b), begins on the date of conviction and ends on—

(a)

the date which the seat or office is vacated in accordance with paragraph (5) or (6), or

(b)

where paragraph (6)(b) applies, the date on which the court determines the conviction should not be upheld.

(9)

Any incapacity or other requirement applying to a person by virtue of paragraphs (1), (2) and (8) applies in addition to any sentence or penalty imposed under article 121 or 122, subject to article 125.

Annotations

Commencement

I1: Art. 124 in force at 18.7.2025, see art. 1(2)