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Recall of MPs Act 2015

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This is the original version (as it was originally enacted).

5Speaker’s notice that first, second or third recall condition has been met

This section has no associated Explanatory Notes

(1)As soon as reasonably practicable after becoming aware that the first, second or third recall condition has been met in relation to an MP, the Speaker must give notice of that fact to the petition officer for the MP’s constituency.

(2)But subsection (1) does not apply if it would require the Speaker to give notice at a time—

(a)within the period of 6 months ending with the polling day for the next parliamentary general election,

(b)when the MP is already subject to a recall petition process, or

(c)when the MP’s seat has already been vacated (whether by the MP’s disqualification or death, or otherwise).

(3)For the purposes of subsection (2)(a), the possibility that, after the time mentioned in that subsection, the polling day for a parliamentary general election will be altered by virtue of section 1(5) or 2(7) of the Fixed-term Parliaments Act 2011 is to be disregarded.

(4)For the purposes of subsection (2)(b), an MP is “subject to a recall petition process” during the period beginning with the giving of a notice under this section in relation to the MP and ending with—

(a)the receipt by the petition officer of a notice under section 13(6) (early termination of recall petition process) in relation to the recall petition in question, or

(b)the giving by the petition officer of a notice under section 14(2)(b) (determination of whether recall petition successful) of the outcome of that recall petition.

(5)A notice under this section—

(a)must specify the day on which it is given,

(b)must specify which of the recall conditions has been met in relation to the MP, and

(c)in a case in which the first recall condition has been met, must specify the offence of which the MP has been convicted.

(6)For the purposes of this Act, a notice under this section—

(a)is to be treated as given on the day specified in it under subsection (5)(a), and

(b)is to be treated as received by the petition officer on the first working day after the day on which it is given.

(7)References in this Act to a “Speaker’s notice” are to a notice under this section.

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