C3C4C5C7C6C8C9C10C11 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

Parliamentary and local government franchise

F13A Disfranchisement of offenders detained in mental hospitals.

C11

A person to whom this section applies is, during the time that he is—

a

detained at any place in pursuance of the order or direction by virtue of which this section applies to him, or

b

unlawfully at large when he would otherwise be so detained,

legally incapable of voting at any parliamentary or local government election.

2

As respects England and Wales, this section applies to the following persons—

a

any person in respect of whom—

i

an order has been made under section 37, 38, 44 or 51(5) of the M1Mental Health Act 1983, or

ii

a direction has been given under section 45A, 46 or 47 of that Act;

b

any person in respect of whom an order has been made under section 5(2)(a) of the M2Criminal Procedure (Insanity) Act 1964; and

c

any person in respect of whom the Court of Appeal has made an order under—

i

section 6(2)(a) of the M3Criminal Appeal Act 1968, or

ii

section 14(2)(a) of that Act.

3

As respects Scotland, this section applies to the following persons—

a

any person in respect of whom an order has been made under section 53, 54, 57(2)(a) or (b) F2, 57A(2) or 58 of the M4Criminal Procedure (Scotland) Act 1995; and

b

any person in respect of whom a direction has been given under F3section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or section 59A of that Act of 1995.

C14

As respects Northern Ireland, this section applies to the following persons—

a

any person in respect of whom—

i

an order has been made under Article 44, 45, 50A(2)(a) or 57(5) of the M5Mental Health (Northern Ireland) Order 1986, or

ii

a direction has been given under Article 52 or 53 of that Order; and

b

any person in respect of whom the Court of Appeal has made an order under—

i

section 11(1)(b) or (2)(b) of the M6Criminal Appeal (Northern Ireland) Act 1980, or

ii

section 13(5A) of that Act.

C2F45

The reference in subsection (2)(a)(i) to an order under section 37 or 38 of the Mental Health Act 1983 includes such an order made by virtue of Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).

C16

In this section any reference to a person in respect of whom any order or direction falling within subsection (2), (3) or (4) has been made or given includes a reference to a person in respect of whom any such order or direction is, by virtue of any enactment, to be treated as having been made or given in connection with his transfer to a place in the part of the United Kingdom mentioned in that subsection.

C17

Any reference in any of subsections (2) to (4) above to a provision of any Act or Order includes a reference to any earlier provision (whether of that Act or Order as originally enacted or made or as previously amended, or otherwise) to the like effect.