Representation of the People Act 1981

United Kingdom legislation

Representation of the People Act
Dates
Parliament of the United Kingdom
Long title	An Act to disqualify certain persons for election to the House of Commons; to make changes in the timetable for parliamentary elections; and for connected purposes.
Citation	1981 c. 34
Territorial extent	United Kingdom
Royal assent	2 July 1981
Status: Current legislation
Text of the Representation of the People Act 1981 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Representation of the People Act 1981 (c. 34) is an Act of the Parliament of the United Kingdom. It creates the provision for the automatic disqualification of an MP if they are imprisoned for over a year, leading to a by-election being held in their constituency.

The text of the Act states that it provides:

for the disqualification from membership of the House of Commons of any person who is detained anywhere in the British Islands or the Republic of Ireland (or who is unlawfully at large at any time when he would otherwise be detained) for more than a year for any offence,
that the election or nomination of such persons shall be void, and
that the seat of a Member who becomes so disqualified shall be vacated.

Following the passage of the Recall of MPs Act 2015, sitting MPs imprisoned on shorter sentences can be removed from their seats via recall petitions.

Background

The Act was passed following the election to the Westminster Parliament of an Irish Republican Army hunger-striker, Bobby Sands, in the April 1981 Fermanagh and South Tyrone by-election, while he was serving a long term of imprisonment.^[1]

Due to the Act, following the death of Sands other prisoners on hunger strike could not stand in the second 1981 by-election in Fermanagh and South Tyrone.^[2]

References

^ Brent, Harry (5 May 2021). "IRA prisoner Bobby Sands died following 66 days on hunger strike on this day in 1981". The Irish Post.
^ Whyte, Nicholas (April 2003). "Fermanagh and South Tyrone 1973-1982". Northern Ireland Elections. ARK - Queen's University Belfast and Ulster University.

External links

Gay, Oonagh (13 October 2004). Disqualification for membership of the House of Commons (PDF) (Report). House of Commons. SN/PC/3221. Note examining the history of disqualification provisions applicable to Members of the House of Commons.

Electoral reform in the United Kingdom

Representation of
the People Acts

Reform Acts	England and Wales, 1832 Scotland, 1832 Ireland, 1832 England and Wales, 1867 Scotland, 1868 Ireland, 1868 1884
1918 1928 1948 1949 1969 1981 1983 1985 1989 1990 1991 1993 2000