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PART IVLEGAL PROCEEDINGS

Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections

110.—(1) Subject to the provisions of section 174 of the 1983 Act, if a person is reported by an election court personally guilty of a corrupt practice under that Act, in addition to being subject to the incapacities set out in section 160(4) of that Act, he shall for five years from the date of that report be incapable of being elected to and sitting in the Assembly, and if already elected to the Assembly, he shall from that date vacate the seat.

(2) Subject to the provisions of section 174 of the 1983 Act, if a person is reported by an election court personally guilty of an illegal practice under that Act, in addition to being subject to the incapacities set out in section 160(5) of that Act, he shall for three years from the date of the report be incapable of being registered as an elector or voting at any Assembly election held—

(a)if the offence was committed in relation to a parliamentary election,

(i)in the Assembly constituency which is coterminous with the parliamentary constituency,

(ii)in any other Assembly constituency in the Assembly electoral region in which the parliamentary constituency is situated,

(iii)in the Assembly electoral region in which the parliamentary constituency is situated, or

(iv)in any Assembly constituency or electoral region which includes the whole or any part of the parliamentary constituency as constituted for the purposes of the election (or any other Assembly constituency in that Assembly electoral region), or

(b)if the offence was committed in relation to an election under the Local Government Act 1972(1),

(i)in the Assembly constituency or electoral region which includes the whole or any part of the local government area for which the election was held (or any other Assembly constituency in that Assembly electoral region), or

(ii)in any Assembly constituency or electoral region which includes the whole or any part of the local government area for which the election was held as constituted for the purposes of the election (or any other Assembly constituency within that Assembly electoral region).

(3) Section 174 of the 1983 Act shall apply to any incapacity imposed under this article as if the incapacity was imposed under section 160 of that Act.