Recall of MPs Act 2015

Early termination of recall petition process

13 Early termination of recall petition process

(1) This section applies where any of the following conditions is met at any time after the Speaker’s notice is given but before notice of the outcome of the recall petition has been given under section 14(2)(b).

(2) The first condition is that—

(a) the polling day for the next parliamentary general election is brought forward by virtue of section 2(7) of the Fixed-term Parliaments Act 2011, and

(b) the new day is within the period of 6 months beginning with the day on which the Speaker’s notice was given.

(3) The second condition is that the MP’s seat is vacated (whether by the MP’s disqualification or death, or otherwise).

(4) The third condition is that, in a case in which the first recall condition was met in relation to the MP, the conviction, sentence or order in question is overturned on appeal.

(5) The fourth condition is that, in a case in which the third recall condition was met in relation to the MP, the conviction in question is overturned on appeal.

(6) As soon as reasonably practicable after becoming aware that this section applies, the Speaker must notify the petition officer that the section applies, specifying which of the conditions above has been met.

(7) On the petition officer receiving a notice under subsection (6)—

(a) sections 7 to 11 cease to apply in relation to the recall petition, and

(b) no further action is to be taken under or by virtue of this Act in relation to the process relating to the signing of the recall petition except—

(i) the action required under subsection (8), and

(ii) any action which may be required or permitted by regulations under section 18 in relation to the termination of that process.

(8) As soon as reasonably practicable after receiving a notice under subsection (6), the petition officer must—

(a) take such steps as the officer considers necessary to terminate the process relating to the signing of the recall petition, and

(b) give a public notice of the termination of that process in accordance with regulations under section 18.

(9) The Speaker must lay before the House of Commons any notice given under subsection (6).