2011-05-01
DOI | 10.3366/elr.2011.0028 |
Author | George L Gretton,Greg Gordon,Navraj Singh Ghaleigh,Peter Duff,Jane Mair,Martin Hogg,Frankie McCarthy |
Pages | 243-274 |
Published date | 01 May 2011 |
Date | 01 May 2011 |
On 26 January 2011 the former Scottish Socialist Party MSP Tommy Sheridan was sentenced to three years’ imprisonment for perjury. For the sentencing statement of Lord Bracadale, presiding, see BBC Radio 4, “Tommy Sheridan sentenced to three years in prison”,
Assuming no incapacity based on age or nationality,
Electoral Administration Act 2006 Part 5.
the starting point for determining whether an individual lacks capacity to stand as a candidate at an election is the House of Commons Disqualification Act 1975. As is well known, this provides for the disqualification of certain serving public officials – judges, civil servants, members of the police and armed forces, etcThe “disqualifying offices” listed in Schedule 1 of the Act are regularly amended by Order in Council.
“A person is disqualified from being a member of the [Scottish] Parliament if … he is disqualified … from being a member of the House of Commons or from sitting and voting in it.” Scotland Act 1998 s 15(1)(b).
Further light may be thrown on the matter by reference to the great consolidating measure of UK electoral law, the Representation of the People Act 1983.
“The Representation of the People Act 1983 consolidates the Representation of the People Act 1949 and various enactments amending it. That Act of 1949 was...
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