(1)Any person who claims that a person purporting to be a member of the House of Commons is disqualified by this Act, or has been so disqualified at any time since his election, may apply to Her Majesty in Council, in accordance with such rules as Her Majesty in Council may prescribe, for a declaration to that effect.
(2)Section 3 of the M1Judicial Committee Act 1833 (reference to the Judicial Committee of the Privy Council of appeals to Her Majesty in Council) shall apply to any application under this section as it applies to an appeal to Her Majesty in Council from a court.
(3)Upon any such application the person in respect of whom the application is made shall be the respondent; and the applicant shall give such security for the costs of the proceedings, not exceeding £200, as the Judicial Committee may direct.
(4)For the purpose of determining any issue of fact arising on an application under this section the Judicial Committee may direct the issue to be tried—
(a)if the constituency for which the respondent purports to be a member is in England or Wales, in the High Court;
(b)if that constituency is in Scotland, in the Court of Session;
(c)if that constituency is in Northern Ireland, in the High Court in Northern Ireland;
and the decision of that Court shall be final.
(5)A declaration under this section may be made in respect of any person whether the grounds of the alleged disqualification subsisted at the time of his election or arose subsequently; but no such declaration shall be made—
(a)in the case of disqualification incurred by any person on grounds which subsisted at the time of his election, if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue;
(b)in the case of disqualification incurred by any person on any grounds, if an order has been made by the House of Commons under section 6(2) above directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.
[F1(6)In this section, a reference to disqualification by this Act includes a reference to disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).]
Textual Amendments
F1S. 7(6) inserted (1.11.2023) by Elections Act 2022 (c. 37), ss. 35(2), 67(1); S.I. 2023/1145, reg. 3(e)
Modifications etc. (not altering text)
C1S. 7 applied (with modifications) (1.1.2007 for E.W.S. and 7.2.2007 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 17(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(d) (subject to art. 6, Sch. 2); S.I. 2007/230, art. 2(1)(2)(a)
C2S. 7 applied (with modifications) (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18(5), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(e) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(b)
Marginal Citations