Standing for election
Section 17 Minimum age
109.This section reduces from 21 to 18 the age of qualification for election to the House of Commons or a local authority, and election as mayor, ,Mayor of London and Assembly Member of the Greater London Authority. This section will require that the candidate is 18 on the day of nomination or, in the case of a local authority election and election to the Greater London Authority, where the election is not preceded by nominations, on the date of the poll.
110.UnderSubsections (2) and (3) the election of a person under 18 to the House of Commons will be void unless the House of Commons makes an order waiving the disqualification. It has a power to do so in the circumstances referred to under section 6(2) of the House of Commons Disqualification Act 1975.
Section 18 Certain Commonwealth citizens
111.This section limits the right of Commonwealth citizens to stand for election to the House of Commons to those with a right of abode or with indefinite leave to remain in the UK. This will help to ensure that the only Commonwealth citizens who may stand for election and be an MP are those who have a right to live in the UK throughout the term of their office.
112.Subsection (1) amends provisions of the Act of Settlement 1700 governing who may be a member of the House of Commons to require that, in order to be eligible for election as a member of the House, a Commonwealth citizen must be a “qualifying” Commonwealth citizen. Subsections (2) and (3) define qualifying Commonwealth citizens for these purposes. Subsection (4) provides that, subject to provision for waiver of the disqualification by the House of Commons, the election of anyone elected whilst disqualified by this section is void, and that anyone who becomes disqualified after having been elected must vacate his seat. Subsection (5) applies specified provisions of the House of Commons Disqualification Act 1975 relating to persons who are disqualified under that Act to persons to whom subsection (4) applies.
113.Subsection (6) gives effect to Part 3 of Schedule 1 to the Act. This makes similar amendments to provisions governing election to bodies other than the House of Commons, namely the European Parliament, the Greater London Authority and local authorities throughout the UK. As the right to stand for election and be a member of the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly depends on whether the person is disqualified for membership of the House of Commons, there is no need to make express provision in those cases in order to have the same effect. However, consequential amendments are made in the case of those elections where necessary.
Section 19 Nomination procedures
114.This section makes amendments to Schedule 1 of the 1983 Act (parliamentary election rules).
115.Subsection (2) amends rule 1 to require returning officers to publish the statement of persons nominated, where no objections are made, once the time for making objections has passed. Where objections have been made the statement must be published once all objections have been disposed of, and in any event within 24 hours of the last time for the delivery of nomination papers. Subsections (6) and (7) amend rule 12 so that returning officers must make any decision on the validity of nomination papers within 24 hours of the close of the period for the delivery of nomination papers.
116.Subsection (5) amends rule 9 so as to clarify that the returning officer may at his discretion accept the use of debit and credit cards or electronic transfer of funds by candidates in lodging their deposits. Subsection (3) amends rule 5 to require that the notice of election must contain details of the arrangements for such electronic transfer of funds.
117.Subsection (8) confers on returning officers the power to correct minor errors made in nomination papers, such as obvious spelling errors.
