Search Legislation

Recall of MPs Act 2015

Status:

This is the original version (as it was originally enacted).

4The first and third recall conditions: courts to notify the Speaker

This section has no associated Explanatory Notes

(1)This section applies if an MP, after becoming an MP—

(a)is convicted in the United Kingdom of an offence and sentenced or ordered to be imprisoned or detained within the meaning of section 1(3) (see section 2), or

(b)is convicted of an offence mentioned in section 1(9) within the meaning of that provision (see section 2).

(2)The court that imposes the sentence or order in relation to the conviction must notify the Speaker—

(a)of the conviction and of the sentence or order, and

(b)whether an appeal may be brought in respect of the conviction, sentence or order.

(3)Subsections (4) to (6) apply in a case in which an appeal is brought in respect of the conviction, sentence or order (including from a court that determines or otherwise disposes of such an appeal).

(4)The court to which the appeal is brought must notify the Speaker that an appeal has been brought in respect of the conviction, sentence or order.

(5)Where the appeal is determined or otherwise disposed of, the relevant court must notify the Speaker—

(a)that the appeal has been determined or otherwise disposed of,

(b)that—

(i)in a case within subsection (1)(a), the conviction, sentence or order has, or has not, been overturned on appeal;

(ii)in a case within subsection (1)(b), the conviction has, or has not, been overturned on appeal, and

(c)whether any further appeal may be brought in respect of the conviction, sentence or order.

(6)“The relevant court” means—

(a)the court to which the appeal is brought, or

(b)if that court remits the matter to another court, that other court.

(7)Section 3(5) and (6) (interpretation of references to an appeal and to the determination of an appeal) apply in relation to this section as they apply in relation to section 3, except that references in this section to an appeal do include a petition to the nobile officium.

(8)A court is not required under this section to notify the Speaker if, at any time since the application of the section, the MP’s seat has been vacated (whether by the MP’s disqualification or death, or otherwise).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources