Recess Elections Act 1975

Consolidated Text As Enacted Cited authorities (16) Cited in Amendments (38) Related
JurisdictionUK Non-devolved
Citation1975 c. 66
Year1975
because he has died or F1become disqualified as a peer for membership of the House of Commons, either during the recess or before it;because he has accepted a disqualifying office during the recess;orbecause of his bankruptcy.(2) In this Act—
  • “certificate of vacancy” means—
    • (a) where the seat has become vacant because the Member has died, F2become disqualified as a peer for membership of the House of Commons or accepted a disqualifying office, a certificate under the hands of two Members of the House of Commons in the form set out in Schedule 1 to this Act, or to the like effect;
    and
    • (b) where the seat has become vacant because of a Member’s Bankruptcy, a certificate under F3section 427(6) (a) of the Insolvency Act 1986
  • “disqualifying office” means any office, other than the office of steward or bailiff of Her Majesty’s three Chiltern Hundreds of Stoke, Desborough and Burnham or of the Manor of Northstead, which disqualifies its holder for membership of the House of Commons; . . .
    • . . .
(1) The Speaker shall cause notice of his receipt of a certificate of vacancy to be inserted in the London Gazette.(2) The Speaker shall not issue a warrant under section 1 above until six days after the insertion of the notice.(3) The Speaker shall not issue such a warrant unless he has received the certificate of vacancy so long before the date of the next meeting of the House of Commons for the despatch of business that the writ for the by-election may be issued before that date.unless the return of the writ for the election of the Member whose seat has become vacant has been brought into the office of the Clerk of the Crown in Chancery fifteen days at least before the end of the last sitting of the House of Commons before the Speaker’s receipt of the certificate of vacancy; orif a petition against the election of the Member whose seat has become vacant was pending when Parliament was prorogued or the House of Commons was adjourned.(1) A Member of the House of Commons who accepts a disqualifying office shall forthwith give written notice of his acceptance to the Speaker; and the notice may be given by signing a certificate of vacancy.(2) Where a seat becomes vacant on a Member’s acceptance of a disqualifying office, the Speaker shall not issue a warrant under section 1 above unless the certificate of vacancy is accompanied by a copy of the issue of the London, Edinburgh or Belfast Gazette in which the Member’s appointment to that office was gazetted.(1) It shall be the duty of the Speaker, within a convenient time after taking office, by instrument in writing under his hand and seal, to appoint not more than seven nor less than three Members of the House of Commons to exercise the powers given to the Speaker by this Act at any time when there is no Speaker or the Speaker

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