The Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002

Interpretation

2.  For the purposes of paragraph 1 above—

(a) a person who is—

(i) a Member of the House of Commons immediately before Parliament is dissolved,

(ii) a Member of the Scottish Parliament immediately before that Parliament is dissolved, or

(iii) a Member of the Northern Ireland Assembly immediately before that Assembly is dissolved,

shall be treated as if he were such a member until the end of the fourth day after the day on which the subsequent general election in relation to that Parliament or Assembly is held;

(b) a person who is a Member of the National Assembly for Wales and whose term of office comes to an end, in accordance with section 2(5)(b) of the Government of Wales Act 1998(1), at the end of the day preceding an ordinary election (within the meaning of section 2(4) of that Act), shall be treated as if he were such a member until the end of the fourth day after the day on which that ordinary election is held; and

(c) a person who is an elected member of the Common Council of the City of London and whose term of office comes to an end at the end of the day preceding the annual Wardmotes(2) shall be treated as if he were such a member until the end of the fourth day after the day on which those Wardmotes are held.

(1)

1998 c. 38. Section 2(5) provides that “The term of office of an Assembly member—(a) begins when he is declared to be returned as an Assembly member, and (b) continues until the end of the day before the day of the poll at the next ordinary election.” By section 2(4), “An ordinary election involves the holding of elections for the return of the entire Assembly.”

(2)

By section 2 of the Act of Common Council made on 14th June 1984, the annual Wardmotes for the election of Common Councilmen to the Common Council of the City of London are held on the first Friday in December each year, and persons elected as Common Councilmen cease to hold office at midnight on the Thursday immediately preceding the day of the next annual Wardmotes. (Copies of the Act of Common Council made on 14th June 1984 can be obtained from the Town Clerk’s Department, Corporation of London, PO Box 270, Guildhall, London EC2P 2EJ.)