Section 427: Disqualification from Parliament (Scotland ...), Insolvency Act 1986

Where ... a court in Scotland awards sequestration of an individual's estate, the individual is disqualified—

for sitting or voting in the House of Lords,

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

for sitting or voting in a committee of either House.

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

except where the award is recalled or reduced without the individual having been first discharged, on the discharge of the individual, and

in the excepted case, on the ... recall or reduction, as the case may be.

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.

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 ... award, his seat shall be vacated at the end of that period.

A court which makes an ... 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 ... award to the Speaker of the House of Lords or, as the case may be, to the Speaker of the House of Commons.

Where a court has certified an ... 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—

that the period of 6 months beginning with the day of the ... award has expired without the ... award having been ..., recalled or reduced, or

that the ... award has been ..., recalled or reduced before the end of that period.

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

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

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"

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

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

in subsection (4), for "under this section" there were substituted ."under section 16(A1)(a) of the Government of Wales Act 2006 and paragraph 4 of Schedule 1A to that Act"

Subsections (4) to (6) have effect in relation to a member of the Northern Ireland Assembly but as if—

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

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 "

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Section 427: Disqualification from Parliament (Scotland ...)

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