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Insolvency Act 1986

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Insolvency Act 1986, Section 427 is up to date with all changes known to be in force on or before 28 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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427[F1Disqualification from Parliament (ScotlandF2...)]U.K.

(1)Where F3... F4... a court in Scotland awards sequestrian of an individual’s estate, the individual is disqualified—

(a)for sitting or voting in the House of Lords,

(b)for being elected to, or sitting or voting in, the House of Commons, and

(c)for sitting or voting in a committee of either House.

(2)Where an individual is disqualified under this section, the disqualification ceases—

(a)except where [F5the award is recalled] or reduced without the individual having been first discharged, on the discharge of the individual, and

(b)in the excepted case, on theF6... recall or reduction, as the case may be.

(3)No writ of summons shall be issued to any lord of Parliament who is for the time being disqualified under this section for sitting and voting in the House of Lords.

(4)Where a member of the House of Commons who is disqualified under this section continues to be so disqualified until the end of the period of 6 months beginning with the day of the F7...award, his seat shall be vacated at the end of that period.

(5)A court which makes an F8...award such as is mentioned is subsection (1) in relation to any lord of Parliament or member of the House of Commons shall forthwith certify the F8...award to the Speaker of the House of Lords or, as the case may be, to the Speaker of the House of Commons.

(6)Where a court has certified an F9...award to the Speaker of the House of Commons under subsection (5), then immediately after it becomes apparent which of the following certificates is applicable, the court shall certify to the Speaker of the House of Commons—

(a)that the period of 6 months beginning with the day of the F9...award has expired without the F9...award having beenF10..., recalled or reduced, or

(b)that the F9...award has beenF10..., recalled or reduced before the end of that period.

[F11(6A)Subsections (4) to (6) have effect in relation to a member of the Scottish Parliament but as if—

(a)references to the House of Commons were to the Parliament and references to the Speaker were to the Presiding Officer, and

(b)in subsection (4), for “under this section” there were substituted “ under section 15(1)(b) of the Scotland Act 1998 by virtue of this section ”.]

[F12(6B)Subsections (4) to (6) have effect in relation to a member of the National Assembly for Wales but as if—

(a)references to the House of Commons were to the Assembly and references to the Speaker were to the presiding officer, and

(b)in subsection (4), for “under this section” there were substituted “ under [F13section 16(2) of the Government of Wales Act 2006] by virtue of this section ”.]

[F14(6C)[F15Subsections (4) to (6) have effect in relation to a member of the Northern Ireland Assembly but as if—]

(a)references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and

(b)in subsection (4), for “under this section” there were substituted “ under section 36(4) of the Northern Ireland Act 1998 by virtue of this section ”.

(7)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1S. 427 title substituted (1.4.2004) by virtue of 2002 c. 40, ss. 266(1), 279 (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

F4Words in s. 427(1) repealed (1.4.2004) by 2002 c. 40, ss. 266(2)(a), 278, 279, Sch. 26 (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

F11S. 427(6A) inserted (19.11.1998) by 1998 c. 46, ss. 125, 130(1), Sch. 8 para. 23(6) (with s. 126(3)-(11))

F12S. 427(6B) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 24 (with ss. 139(2), 141(1), 143(2)); S.I. 1999/782, art. 2

F13Words in s. 427(6B)(b) substituted by Government of Wales Act 2006 (c. 32), ss. 160(1), 161, 162(1) {Sch. 10 para. 18} (with Sch. 11 para. 22), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act.

F14S. 427(6C) inserted (2.12.1999) by 1998 c. 47, s. 99, Sch. 13 para. 6 (with s. 95); S.I. 1999/3209, art. 2, Sch.

F16S. 427(7) repealed (1.4.2004) by 2002 c. 40, ss. 266(2)(b), 278, 279, Sch. 26 (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

Modifications etc. (not altering text)

C1S. 427 modified (14.5.2014) by House of Lords Reform Act 2014 (c. 24), ss. 6(2)(b), 7(3)

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