Parliament Act


Published: 1950-07-21

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I ASSENT Parliament
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1950-15


PARLIAMENT ACT


Principal Act

Act. No. 1950-15 Commencement 21.7.1950
Parts II, III and IV Assent

With which are consolidated the
following Acts:
Commencement
Acts. 1964-03 Part V 12.6.1964
1979-22 Part VI 20.12.1979
1981-24 24.12.1981



Amending
enactments
Relevant current
provisions
Commencement
date

Acts. 1950-20 s.28
1951-06 s. 20
1955-20 –
1956-11 ss.3(2), 5(2) and 28
1961-17 s.5(1)
1964-16 ss.14(1), 45 and 46
1955-27 s.82
1967-21 ss.3(1) and (2) and 19
Regs. of 19.6.1969 ss.3(1), 5(1), 6, 7, 17, 20(1) and
(4), 22 and 23

Acts. 1969-24 s. 3(1) and 6(1)
1970-19 –
1973-07 ss. 3(1) and 6(1)
1974-40 s.3(4)
1976-06 s.5(1)
1977-28 s.49(4)
1979-21 s. 14(1)
1983-17 ss. 3(1), 5(2), 25(1) and 48(4)
1983-40 ss. 97 and 98
1986-01 s.3 6.2.1986
1987-25 ss. 14 and 25 29.10.1987
1995-17 Sch. 2 22.12.1995
2003-05 s. 14(1) 7.5.2003
2007-17 ss. 101(2) & (3) 14.6.2007
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2007-30 ss. 2(a) & (b), 3(1) & (3), 4(2),
(3) & (4), 5(1), 6, 7(3), 14(1),
17, 20(1) & (4), 22, 22A, 23,
25(1), (2), 86, 88, 91(1)(b), 100,
101, Schs. 2 & 3




28.6.2007
2015-06 s. 94(1)(a) & (b) 26.2.2015
2016-07 ss. 89A, 89B 10.3.2016



English sources

None cited

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1950-15
DERIVATION OF SECTION

Section Source Section Source

1 Act. 1964-03 s.2 53 Act. 1950- 15 s.19
2 Act. 1981-24 s.2 54 “ 20
3 Act. 1950-15 s.2 55 “ 21
4 “ 3 56 “ 22
5 “ 4 57 “ 23
6 “ 4A 58 “ 24
7 “ 5 59 “ 25
8 “ 6 60 “ 54
9 Act. 1981-24 s.3 61 Act. 1964-03 s.3
10 “ 4 62 “ 4
11 “ 5 63 “ 5
12 Act. 1950-15 s.26 64 “ 6
13 “ 27(1)-(3) 65 “ 7
14 “ 28 (1) & (2) 66 “ 8
15 “ 29(1)- (4) 67 “ 9
& (7) 68 “ 10
16 “ 30 69 “ 11
17 “ 11 70 “ 12
18 “ 7 71 “ 13
19 “ 8 72 “ 17
20 “ 10 73 “ 14
21 “ 9 74 “ 16
22 “ 13 75 “ 15
23 “ 12 76 “ 18
24 “ 55 77 “ 19
25 “ 56 78 “ 21
26 “ 31 79 “ 22
27 “ 32 80 “ 20
28 “ 35 81 “ 25
29 “ 36 82 “ 24
30 “ 37 83 “ 23
31 “ 27(4) 84 “ 26
32 “ 28(3) 85 “ 27
33 “ 29(5) 86 “ 28
34 “ 44 87 “ 29
35 “ 33 88 “ 30
36 “ 49 89 “ 31
37 “ 45 90 Act. 1979-22 s.2
38 “ 43 91 “ 3
39 “ 29(6) 92 “ 4
40 “ 38 93 “ 5
41 “ 39 94 “ 6
42 “ 40 95 “ 7
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43 “ 42 96 “ 8
44 “ 53 97 “ 8A
45 “ 41 98 “ 8B
46 “ 34 99 “ 9
47 “ 46 100 “ 10
48 “ 47 101 “ 11
49 “ 48 102 “ 12
50 “ 52
51 Act. 1950-15 s.50 Sch.
52 “ 51 1 Act. 1981-24
2 “
3 “

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ARRANGEMENT OF SECTIONS

PART I.
PRELIMINARY.

Section
1. Short title.
2. Interpretation.

PART II.
ELECTIONS.

The franchise

3. Electors.

Registration of electors

4. Registration officer.
5. Register of electors.
6. Supplements to the register.
7. Registration expenses.
8. Appeals from the registration officer.

Eligibility of public officers

9. Public officers who may be elected members.
10. Public officers who may be candidates for election.
11. Consequences of failure to comply with undertaking.

Agents and expenditure

12. Election agents.
13. Contracts and payments.
14. Limit on expenditure.
15. Returns by election agents.
16. Limitation for claims.

Conduct of elections

17. Returning officer.
18. Conduct of elections.
19. Entitlement to vote.
20. Issue of writ.
21. General, partial and void elections.
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22. Method of voting.
22A. Equality of votes.
23. Expenses of elections.

Miscellaneous

24. Exemption from stamp duty.
25. Rules.

PART III.
ELECTION OFFENCES

Illegal practices

26. Providing money for illegal practice.
27. Corruptly inducing withdrawal.
28. Restrictions on premises to be used as committee rooms.
29. Illegal employment.
30. Penalties for offences against sections 26 to 29.
31. Payments made otherwise than through election agents.
32. Exceeding limit on expenditure.
33. Agent failing to make return.
34. Voting by prohibited persons and publishing of false statements.
35. Posters to bear names of printers and publishers.
36. Penalty for and incapacity following illegal practices.
37. Relief for innocent acts.

Corrupt practices

38. Definition and penalty for corrupt practices.
39. False declarations.
40. Meaning of bribery.
41. Meaning of treating.
42. Meaning of undue influence.
43. Meaning of personation.
44. Persons charged with corrupt practice may be convicted of illegal
practice.

Other offences

45. Molestation.
46. Destroying or defacing posters.
47. Offences in respect of ballot boxes and ballot papers.
48. Infringement of secrecy.
49. Breaches of official duty.

Miscellaneous
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50. Limitation.
51. Duties of Attorney-General.
52. Removal of incapacity.

PART IV.
ELECTION PETITIONS.

53. Grounds for petitioning.
54. Application of English law.
55. Who may petition.
56. Security for costs.
57. Trial of petitions.
58. Withdrawal of election petition.
59. Exoneration of candidate where agent guilty of offence.
60. No obligation on voter to disclose vote.

PART V.
POWERS AND PRIVILEGES OF THE PARLIAMENT.

Privileges

61. Freedom of speech and debate.
62. Immunity from legal proceedings.
63. Power to exclude strangers.
64. No evidence of proceedings to be given without leave.
65. Immunity from process within the precincts.

Procuring of evidence

66. Power to order attendance of witness.
67. Issue of summons.
68. Examination on oath.
69. Objections to answering questions or producing papers.
70. Privileges of witnesses.
71. Issue of certificates to protect witnesses.
72. Usage of Parliament.

Offences

73. False evidence.
74. False documents.
75. Interference with witnesses.
76. Corrupt and improper practices.
77. Contempt.
78. Disobedience.
79. Breaches of confidence, etc.
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80. Assaulting, etc., members and officers.
81. Penalties.
82. Sanction of Attorney-General.
83. Powers of Parliament in cases of contempt.

Miscellaneous

84. Commons journals as evidence.
85. Journals, etc., of the Parliament as evidence.
86. Absence of the Speaker.
87. Suspension of members.
88. Powers supplementary.
89. Exclusion of court’s jurisdiction.

PART VI.
PENSIONS.

89A. Application.
89B. Alternative pension scheme.
90. Interpretation.
91. Entitlement to pension.
92. Computation of pension.
93. Computation of notional annual allowance.
94. Reduced pension and gratuity.
95. Effect of re-election.
96. Gratuity on death.
97. Members dying of injuries or diseases contracted on duty.
98. Members injured or contracting diseases on duty.
99. Pension not assignable.
100. Cessation of pension on disqualification.
101. Increase of pension.
102. Charge on Consolidated Fund.

SCHEDULE 1.
Classes of Public Officers who may be elected as members

SCHEDULE 2.

Classes of Public Officers who may be candidates for election

SCHEDULE 3.
Form of undertaking
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1950-15
AN ACT TO GOVERN ELECTIONS TO THE GIBRALTAR
PARLIAMENT, THE POWERS AND PRIVILEGES ATTACHING TO
THE PARLIAMENT AND THE PENSIONS PAYABLE TO MEMBERS
OF THE PARLIAMENT.

PART I.
PRELIMINARY.

Short title.

1.This Act may be cited as the Parliament Act.

Interpretation.

2. In this Act, unless the context otherwise requires–

(a) “authorized committee” means any standing committee of the
Parliament or any other committee authorized under section
66(2) to exercise the powers of a standing committee;

“Clerk” means the Clerk of the Parliament and includes any person
acting as such on the authority of the Speaker;

“committee” means any standing, select or other committee of the
Parliament;

“corrupt practice” has the meaning given to it in section 38;

“court” means the Supreme Court;

“election agent” means a person appointed as such by a candidate
under section 12;

“election petition” means a petition presented under section 54;

“journals” means the official record of the votes and proceedings of
the Parliament;

“member” means any member of the Parliament and includes the
Speaker;

“Minister” means the Minister with responsibility for elections;

“officer” means the Clerk or any other officer or person acting within
the precincts of the Parliament Chamber under the orders of the
Speaker;

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“precincts of the Parliament Chamber” means the chamber in which
the Parliament or a committee thereof sits for the transaction of
business, together with the offices, rooms, lobbies, galleries,
courtyards, gardens and other places provided for the use or
accommodation of members, officers or strangers, and any
passages connecting such places, and any other places
immediately contiguous thereto as may from time to time be
designated by the Speaker;

“registration officer” means a person designated under section 4(2) to
be the registration officer;

“returning officer” means a person designated under section 17 to be
the returning officer;

“Standing Orders” means the Standing Rules and Orders of the
Parliament made under the Gibraltar Constitution Order 2006
and any rules of procedure made under the Constitution;

“stranger” means a person other than a member or an officer; and

(b) expressions used shall have the same meanings as they have in
Chapter III of the Constitution and the provisions of section 78
of the Constitution affecting the interpretation of that chapter
shall apply accordingly.


PART II.
ELECTIONS.

The franchise.

Electors.

3. (1) The persons entitled to vote as electors at elections of members of
the Parliament (in this Act referred to as ‘the Parliament’) under the
Gibraltar Constitution Order 2006 shall be those persons who–

(i) have lived in Gibraltar during the whole of the qualifying
period; and

(ii) intend to live in Gibraltar either permanently or indefinitely;
and

(iii) are, on the qualifying date and on the date of the poll, British
citizens, British Overseas Territories citizens, British Overseas
citizens, British Nationals (Overseas), British protected persons
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or British subjects under the British Nationality Act 1981, and
are 18 years of age or over and are not subject to any legal
incapacity to vote;

Provided that a person shall not be entitled to vote as an elector unless
registered in the register of electors to be used at the election, and that no
person shall be so entitled to vote or to be registered as an elector if–

(a) by virtue of his own act he is under any knowledgement of
allegiance, obedience or adherence to a foreign State or Power;
or

(b) he has been sentenced by any court in Her Majesty's dominions
to death or to imprisonment (by whatever name called) for a
term exceeding twelve months and has not either suffered the
punishment to which he was sentenced or such other
punishment as may by a competent authority have been
substituted therefor, or received a free pardon; or

(c) he is certified to be suffering from mental disorder under any
law for the time being in force in Gibraltar; or

(d) he is disqualified by any enactment relating to offences
connected with elections; or

(e) he is a person serving in Gibraltar in any of Her Majesty’s
armed forces (other than the Gibraltar Regiment constituted
under the Gibraltar Regiment Act 2 ), or the spouse of such
person;

Provided further that a person who has not attained the age of eighteen
years on the qualifying date fixed for the register or for any supplement
prepared and published under section 6 shall, if he will have attained such
age on or before such later date as may be prescribed in an order made by
the Minister, be entitled to be included in the register or supplement as the
case may be and to vote at any election which takes place after he has
attained the age of eighteen years and before the register (including the
supplement) ceases to have effect.

(1A) In determining questions arising under subsection (1)(i) as to
whether a person has lived in Gibraltar during the whole of the qualifying
period, regard shall be had to the purpose and other circumstances, as well
as to the fact, of his presence in or absence from Gibraltar.

2 1998-25
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(1B) For the purposes of subsection (1)(ii) the following presumptions
shall apply:

(a) where a person has his home in Gibraltar, he shall be presumed
to intend to live in Gibraltar permanently or indefinitely;

(b) where a person has more than one home, he shall be presumed
to live permanently or indefinitely in that place in which he
has his principal home;

(c) where a person is stationed in Gibraltar for the principal
purpose of carrying on a business, profession or occupation,
and his spouse and children, if any, have their home outside
Gibraltar, he shall be presumed to intend to live permanently
or indefinitely in the latter place.

(2) The qualifying period shall be a continuous period of six months
ending on and including the qualifying date.

(3) The Minister may from time to time by order published in the
Gazette appoint a date to be the qualifying date for the purposes of this
section.

(4) The expression “qualifying date” means such date in relation to a
register or supplement as the Minister may, by order published in the
Gazette, provide.

Registration of electors

Registration officer.

4.(1) For the registration of electors there shall be an electoral registration
officer.

(2) The registration officer shall be the Clerk.

(3) Repealed

(4) Repealed

Register of electors.

5.(1) It shall be the duty of the registration officer to prepare and publish a
register of electors in the year 2007 and every fourth year thereafter and
every such register shall–

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(a) be prepared in accordance with the rules made under the
provisions of this Act;

(b) be published not later than the lst day of August in the year in
which it is prepared;

(c) come into force immediately upon publication; and

(d) remain in force until the register next compiled is published:

Provided that the Minister may by order published in the Gazette, vary all
or any of the times or dates mentioned in this section and in any rules made
under the provisions of this Act and may substitute other times and dates in
lieu thereof.

(2) With a view to the preparation of the register, the registration officer
shall –

(a) have a house to house or other sufficient enquiry made in
Gibraltar as to the persons entitled to be registered;

(b) publish in the Gazette and in any such other manner as in his
opinion is best calculated to bring it to the attention of the
electors a notice that within the period of one month next
following the date of publication he will receive applications in
the prescribed form from persons claiming to be entitled to be
registered by virtue of a non-residence qualification;

(c) prepare and publish an electors list showing the persons
appearing to him to be entitled to be registered; and

(d) determine all claims for registration duly made by any person,
and all objections to any persons' registration duly made by
another person appearing from the electors list to be himself
entitled to be registered.

Supplements to the register.

6.(1) The Minister may, from time to time, by order published in the
Gazette, provide for the preparation and publication of a supplement to the
register of electors which will include and supersede any previous
supplement.

(2) The persons entitled to be included in the supplement shall be those
persons entitled by virtue of section 3 to be included in the register and to
vote but who are not included in the register.

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(3) Until such time as a new register is prepared and published under the
provisions of section 5, the register and any supplement thereto shall
constitute the register of electors and any reference in this Act or any rules
made thereunder to the register or list of electors shall be construed as
extending to and including the supplement.

Registration expenses.

7. (1) Any expenses properly incurred by the registration officer in the
performance of his registration duties shall be paid out of the Consolidated
Fund.

(2) Any fees or other sums received by the registration officer in respect
of his registration duties, other than sums paid to that officer in respect of
his registration expenses, shall be accounted for by that officer and paid into
the Consolidated Fund.

(3) Registration expenses shall include all proper and reasonable charges
for the registration officer’s own personal remuneration for performing his
registration duties and for the remuneration and expenses of any staff
provided to enable him to perform them, but shall not include any sum on
account of the use of premises, furniture or equipment provided by the
Government in excess of the amount by which the Government’s
expenditure has actually and directly been increased by the use of those
premises or of that furniture or equipment in connection with registration.

Appeals from the registration officer.

8.(1) An appeal shall lie to the court from any decision of the registration
officer on any claim for registration or objection to a person’s registration
made to and considered by him under this Act:

Provided that an appeal shall not lie where the person desiring to appeal
has not availed himself of his right to be heard by or to make representations
to the registration officer on the matter which is the subject of the appeal, or
has not given notice of appeal within the prescribed time.

(2) Any power given under this section to the court may be exercised by
the Chief Justice in chambers.

(3) An appeal by virtue of this section which is pending when notice of
an election is given shall not prejudice the operation as respects the election
of the decision appealed against, and anything done in pursuance of the
decision shall be as good as if no such appeal had been brought and shall not
be affected by the decision on the appeal.

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(4) Notice shall be sent to the registration officer by the Registrar of the
Supreme Court of the decision of the court on any appeal under this section,
and the registration officer shall make such alterations in the electors list or
register as may be required to give effect to the decision.

(5) The registration officer shall undertake such duties in connection
with appeals brought by virtue of this section as may be prescribed and shall
on any such appeal be deemed to be a party to the proceedings and the
registration expenses payable to the registration officer shall include any
expenses properly incurred by him by virtue of this subsection.

(6) Every appeal under this section shall be prosecuted, heard and
determined by the court in such manner and in accordance with such rules of
procedure as may be prescribed by rules of court made in the like manner as
rules made under and for the purposes of the Supreme Court Act, and the
costs of every such appeal shall be at the discretion of the court;

Provided that costs shall not be awarded against the registration officer.

Eligibility of public officers

Public officers who may be elected members.

9. A person shall not be disqualified for election as an elected member of
the Parliament by virtue of his holding or acting in any public office or class
of public office specified in Schedule 1.

Public officers who may be candidates for election.

10.(1) A person may stand as a candidate for election as an elected member
of the Parliament, notwithstanding that he holds or is acting in any public
office or class of public office specified in Schedule 2, if he undertakes in
accordance with this section to relinquish and cease to act in any public
office (other than any public office referred to or of a class referred to in
section 9) if he is elected as an elected member of the Parliament.

(2) Every undertaking given under this section shall be in the form
specified in Schedule 3.

(3) Every undertaking given under this section shall be delivered to the
returning officer before the person by whom it is given stands as a candidate
for election as an elected member of the Parliament.

Consequences of failure to comply with undertaking.

11. An elected member who has given an undertaking under section 10 –
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(a) shall be incapable of taking his seat in the Parliament until he
has fulfilled the undertaking; and

(b) shall, on the expiry of the period of one month following the
date of his election, vacate his seat if he has not then fulfilled
the undertaking.

Agents and expenditure

Election agents.

12.(1) At the latest time fixed for delivery of notices of withdrawals of
candidates at an election, each candidate shall by notice in writing given to
the returning officer, appoint either himself or some other person as his
agent for such election and shall specify an address to which all claims,
notices, writs, summonses and documents may be sent, addressed to the
candidate or his agent and the returning officer shall publish in the Gazette
the name and address of every election agent so appointed.

(2) Every candidate may at any time, by notice in writing given to the
returning officer, revoke the appointment of his election agent, and, in the
event of such revocation, or of the death of such agent, whether such event
is before, during or after the election, another election agent shall forthwith
be appointed and notice of his name and address shall be given in writing to
the returning officer who shall publish the same in the Gazette.

(3) Any document delivered at the address specified in the notice
referred to in this section shall be deemed to have been duly served upon the
election agent.

(4) In any case where a candidate shall fail to give notice as provided by
subsection (1), he shall be deemed to be his own election agent and, for the
purposes of this section, his address as appearing upon his nomination paper
shall be deemed to be the address for the purposes set out in subsection (1).

Contracts and payments.

13. (1) The election agent of a candidate shall appoint every person
employed for payment on behalf of the candidate at an election, and hire
every committee room hired on behalf of the candidate.

(2) A contract whereby any expenses are incurred on account of, or in
respect of, the conduct or management of an election shall not be
enforceable against a candidate unless made by the candidate himself, or by
his election agent:

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Provided that the inability under this section to enforce such contract
against the candidate shall not relieve the candidate from the consequences
of any illegal practice having been committed by his agent.

(3) Except as permitted by or in pursuance of this Act no payment,
advance or deposit shall be made by a candidate, at an election, or by any
agent on behalf of such candidate, or by any other person, at any time,
whether before, during, or after such election, in respect of any expenses
incurred on account of or in respect of the conduct or management of such
election, otherwise than by or through the election agent of such candidate;
and all money provided by any person other than the candidate for any
expenses incurred on account of or in respect of the conduct or management
of the election, whether as a gift, loan, advance or deposit, shall be paid to
the candidate or his election agent and not otherwise;

Provided that this section shall not be deemed to apply to any sum
disbursed by any person out of his own money for any small expense legally
incurred by himself, if such sum is not repaid to him.

Limit on expenditure.

14.(1) Subject to the provisions of subsection (2), no expenditure shall be
incurred in relation to the candidature of any person at any election, in
excess of £3,000.

(2) In determining the total expenditure incurred in relation to the
candidature of any person at any election, regard shall not be had to any
expenditure incurred one month or more before the election in respect of
services rendered, or materials supplied.

(3) Where any expenditure is incurred in contravention of the provisions
of this section the person by whom such expenditure was incurred, and the
candidate in connection with whose candidature it was incurred, shall be
deemed to be guilty of an illegal practice:

Provided that no candidate shall be deemed to be guilty of an illegal
practice by reason of any other person having incurred any expenditure in
connection with the candidature of the candidate in contravention of the
provisions of this section if the candidate proves that such expenditure was
incurred without his knowledge or consent and that he took all reasonable
steps to prevent the incurrence of such expenditure.

Returns by election agents.

15.(1) Within six weeks after the day on which the candidate or candidates
returned at an election is or are declared to be elected, the election agent of
every candidate at such election shall make a return containing a full
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statement under the appropriate head of all expenditure incurred in
connection with the election by or on behalf of the candidate supported by
vouchers for all payments in excess of £2. Such return shall be accompanied
by a declaration made before a justice of the peace.

(2) Every return made under this section shall contain a full statement of
all moneys, securities or value received by the election agent from the
candidate or from any other person in connection with the election.

(3) Every return under this section shall also be accompanied by a
declaration made before a justice of the peace by the candidate stating that –

(a) the return fully and accurately sets out all payments made by
the candidate himself; and

(b) that to the best of his knowledge, information and belief, the
return is a full and accurate return of all expenditure incurred,
and of all moneys, securities or value received by the election
agent, in connection with the election:

Provided that where a candidate acts as his own agent this paragraph shall
not apply.

(4) Where a candidate acts as his own agent the form referred to in
subsection (1) shall be modified accordingly.

(5) The returning officer, within ten days after he receives any return
under this section, shall publish in a daily newspaper a notice of the time
and place at which the return and the documents in support thereof can be
inspected.

Limitation for claims.

16.(1) Subject to the provisions of subsections (2), (3) and (4) –

(a) every claim against a candidate or his election agent, in respect
of any expenses incurred on account of, or in respect of, the
conduct or management of an election which is not sent into
the election agent within fourteen days after the day on which
the candidates returned are declared elected, shall be barred and
shall not be paid; and an election agent who pays a claim which
is barred under this section is guilty of an illegal practice; and

(b) all expenses incurred by or on behalf of a candidate at an
election, which are incurred on account of or in respect of the
conduct or management of such election, shall be paid within
twenty-eight days after the day on which the candidates
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returned are declared elected and not otherwise, and an election
agent who makes a payment in contravention of this provision
is guilty of an illegal practice.

(2) If the agent in the case of any claim sent in to him within the time
limited by subsection (1) disputes it, or refuses or fails to pay it within the
period of twenty-eight days, such claim shall be deemed to be a disputed
claim.

(3) The claimant may, if he thinks fit, bring an action for a disputed
claim in the court; and any sum paid by the candidate or his agent in
pursuance of the judgment or order of the court shall be deemed to be paid
within the time limited by subsection (1).

(4) On cause shown to the satisfaction of the Chief Justice in chambers,
he, on application by the claimant or by the candidate or by his election
agent, may by order give leave for the payment by a candidate or his election
agent of a disputed claim, or of a claim for any such expenses as aforesaid,
although sent in after the time mentioned in subsection (1) for sending in
claims, or although such claim was sent in to the candidate and not to the
election agent ; and any sum specified in the order may be paid by the
candidate or his election agent, and when paid in pursuance of such order
shall be deemed to be paid within the time limited by subsection (1).

Conduct of Elections.

Returning officer.

17. The returning officer shall be the registration officer.

Conduct of elections.

18.(1) The proceedings at elections shall be conducted in accordance with
rules made under the provisions of this Act.

(2) No election shall be declared invalid by reason of any act or
omission of the returning officer or any other person for breach of official
duty in connection with the election or otherwise, of such rules as may be
prescribed if it appears to the court that the election was so conducted as to
be substantially in accordance with the law as to elections and the act or
omission did not affect the result.

Entitlement to vote.

19. No person shall be entitled to vote at any election unless his name is on
the register of electors for the time being in force; and every person whose
name is on such register shall be entitled to demand and receive a ballot
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paper and vote at any such election unless that person has not acquired
voting rights by virtue of the second proviso to section 3(1):

Provided that nothing in this section shall entitle any person to vote who is
prohibited from voting by any enactment, or relieve such person from any
penalty to which he may be liable for voting.

Issue of writ.

20.(1) For the purpose of every general election of members to the
Parliament, and for the purpose of every election to supply a vacancy arising
otherwise than by reason of the dissolution of the Parliament, the Governor
shall issue a writ, under the Public Seal of Gibraltar, directed to the
returning officer, directing him to cause election to be made according to
law, of such number of members as are specified in the writ, to serve in the
Parliament.

(2) Every such writ shall also specify the day of election which shall not
be less than thirty days after the day on which the writ is received by the
returning officer.

(3) Upon receipt of such writ the returning officer shall endorse thereon
and sign the date of the receipt thereof.

(4) The return of members elected to serve in the Parliament shall be
made by a certificate of the names of such members under the hand of the
returning officer endorsed on the writ and the returning officer shall deliver
the writ with such certificate endorsed to the Governor.

(5) The execution of the writ shall belong to the returning officer as such
and the writ shall be directed to him by the title of his office as returning
officer, and that office shall be a distinct office from that, if any, by virtue of
which he becomes returning officer.

(6) Where a person enters any office by virtue of which he becomes
returning officer it shall belong to him and not to the outgoing holder of that
office to complete the execution of any writ for an election previously issued
and not yet returned.

General, partial and void elections.

21.(1) If at any election the number of candidates who have been validly
nominated, and who do not withdraw their candidature, exceeds the number
of members to be elected the members shall be elected from among the
persons nominated.

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(2) If at any election the number of candidates who have been validly
nominated is equal to or is, by the withdrawal of any candidate, reduced to
the number equal to the number of vacancies, the returning officer shall give
notice that no poll will be taken and that the candidates so nominated are
declared to be elected.

(3) If at any election the number of candidates who have been validly
nominated is less than or is, by the withdrawal of any candidate, reduced to
a number less than the number of vacancies, the returning officer shall give
notice that the candidates so nominated are declared elected and the
Governor may order a new election to fill the remaining vacancy or
vacancies to be held on a day appointed by him.

(4) If any election becomes void the Governor shall order a new election
to be held on a day to be appointed by him.

(5) Where a new election is ordered under this section the election shall
be conducted in the same manner as is directed by this Act for the conduct
of the election in the place of which the new election is ordered.

Method of voting.

22. At a contested election for members of the Parliament each elector may
vote for as many candidates as there are vacancies to be filled unless there
are more vacancies than ten, in which case each elector may vote for not
more than ten candidates.

Equality of votes.

22A.(1) Where the counting of votes (including any recount) has been
completed and an equality of votes is found to exist between any candidates
and the addition of a vote would entitle any of those candidates to be
declared elected, a new poll shall be conducted as between those candidates
on the day 21 days after the date of that election.

(2) Where a poll is conducted pursuant to subsection (1) the Elections
Rules shall apply to that poll save that the returning officer may abridge the
time for the taking of any act required under those rules where this is
required to enable the poll to be undertaken on the day specified in
subsection (1).

(3) If any number of such candidates is withdrawn so that only one of
them remains, that remaining candidate shall be duly elected without the
need for such a poll to be taken.

Expenses of elections.

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23. All expenses properly incurred by the returning officer in relation to the
holding of elections shall be paid out of the Consolidated Fund.

Miscellaneous.

Exemption from stamp duty.

24. Stamp duty shall not be chargeable on any claim, notice, declaration,
list, register, nomination paper, ballot paper or other document used in
connection with this Act.

Rules.

25. (1) The Minister may from time to time make rules for all or any of the
following purposes –

(a) prescribing the forms to be used for the purpose of this Act;

(b) prescribing the fees to be paid or charged in respect of any
matter or thing to be done in connection with this Act;

(c) prescribing the period during which every employer shall
permit his employees to be absent from work for the purpose of
recording their votes;

(d) regulating the procedure for the registration of voters and the
conduct of elections; and

(e) enabling persons who are entitled to vote as electors but are
temporarily outside from Gibraltar to make postal votes in
elections;

(ea) enabling persons who are entitled to vote as electors but whose
temporary absence from Gibraltar is such that they will not be
able to cast a postal vote in elections;

(eb) enabling persons who are entitled to vote at an election who,
after the registration as an absentee voter closes, are informed
that on election day they will be an in-patient at a hospital; and

(f) generally for carrying into effect the provisions of this Act.

(2) Any rules made shall be laid upon the table of the Parliament.


PART III.
ELECTION OFFENCES.
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Illegal practices.

Providing of money for illegal practice.

26. A person who knowingly provides money for any payment which is
contrary to the provisions of this Act, or for any expenses incurred in excess
of any maximum amount allowed by this Act, or for replacing any money
expended in any such payment or expenses except where such payment or
expenses may have been previously allowed in pursuance of this Act to be
an exception, is guilty of illegal payment.

Corruptly inducing withdrawal.

27. A person who corruptly induces or procures any other person to
withdraw from being a candidate at an election in consideration of any
payment or promise of payment is guilty of illegal payment, and any person
withdrawing, in pursuance of such inducement or procurement, is also guilty
of illegal payment.

Restrictions on premises to be used as committee room.

28.
(a) Any premises on which the sale by wholesale or retail of any
intoxicating liquor is authorized by a licence (whether the
licence be for consumption on or off the premises);

(b) any premises where any intoxicating liquor is sold or is
supplied to members of a club, society or association other than
a permanent political club; or

(c) the premises of any school or any part of such premises,

shall not be used as a committee room for the purpose of promoting or
procuring the election of a candidate at an election, and any person who
hires or uses any such premises or any part thereof as a committee room for
such a purpose as aforesaid, is guilty of illegal hiring and the person letting
such premises or part thereof, if he knew that it was intended to use such
premises or part thereof as a committee room for such a purpose as
aforesaid, is also guilty of illegal hiring:

Provided that nothing in this section–

(i) shall apply to any part of such premises which is
ordinarily let for the purpose of chambers or offices or
the holding of public meetings or of arbitrations, if such
part has a separate entrance and no direct communication
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with any part of the premises on which any intoxicating
liquor is sold or supplied as aforesaid;

(ii) shall preclude a candidate, for the purpose of holding a
public meeting in furtherance of his candidature, from
using at reasonable times a suitable room in any school,
subject to the consent of the headmaster of such school
having previously been obtained.

Illegal employment.

29. No person shall, for the purpose of promoting or procuring the election
of a candidate at any election, be engaged or employed for payment or
promise of payment as a canvasser. If any person is engaged or employed in
contravention of this section, either before, during, or after an election, the
person engaging or employing him, is guilty of illegal employment and the
person so engaged or employed is also guilty of illegal employment.

Penalties for offences against sections 26-29.

30.(1) A candidate, or any election agent of a candidate who personally
commits the offence of illegal payment, hiring or employment is guilty of an
illegal practice.

(2) Any other person who commits the offence of illegal payment, hiring
or employment is liable on summary conviction to a fine of £100.

Payments made otherwise than through election agents.

31. A person who makes any payment, advance or deposit in contravention
of section 13(3) is guilty of an illegal practice.

Exceeding limit on expenditure.

32. Where any expenditure is incurred in contravention of the provisions of
section 14 the person by whom such expenditure was incurred, and the
candidate in connection with whose candidature it was incurred, shall be
deemed to be guilty of an illegal practice:

Provided that no candidate shall be deemed to be guilty of an illegal
practice by reason of any other person having incurred any expenditure in
connection with the candidature of the candidate in contravention of the
provisions of section 14 if the candidate proves that such expenditure was
incurred without his knowledge or consent and that he took all reasonable
steps to prevent the incurrence of such expenditure.

Agent failing to make return.
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33. A candidate or election agent who, without such authorized excuse as is
in this Act mentioned, fails to comply with the requirements of section 15 is
guilty of an illegal practice.

Voting by prohibited persons and publishing of false statements.

34. A person who–

(a) votes, or induces or procures any person to vote, at any
election, knowing that he or such other person is prohibited by
this Act, or by any other enactment, from voting at such
election; or

(b) before or during an election knowingly publishes a false
statement of the withdrawal of a candidate at such election for
the purpose of promoting or procuring the election of another
candidate,

is guilty of an illegal practice;

Provided that a candidate is not liable, nor shall his election be avoided,
for any illegal practice under this section committed by his agent other than
his election agent.

Posters to bear names of printers and publishers.

35.(1) Every bill, placard, or poster having reference to an election shall
bear upon the face thereof the name and address of the printer and publisher
thereof; and a person who prints, publishes, posts or knowingly causes to be
printed, published or posted, any such bill, placard or poster, which fails to
bear upon the face thereof the name and address of the printer and publisher,
is, if he be the candidate or the election agent of the candidate be guilty of
an illegal practice, and any such person, if he be not the candidate or the
election agent of the candidate, is liable, on summary conviction, to a fine
of £100.

(2) Subsection (1) shall apply to every printed document distributed for
the purpose of promoting or procuring the election of a candidate as it
applies to bills, placards and posters but with the substitution of references
to distributing for references to posting.

(3) For the purposes of this section any process of multiplying copies of
a document, other than copying it by hand, shall be deemed to be printing
and the expression “printer” shall be construed accordingly.

Penalty for and incapacity following illegal practices.
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36. A person who is convicted of any offence declared to be an illegal
practice under this Act is liable, on summary conviction to a fine of £100,
and shall, in addition, be incapable during a period of five years from the
date of his conviction of –

(a) being registered as an elector or of voting at an election; or

(b) being elected at an election or, if elected before conviction, of
retaining his seat.

Relief for innocent acts.

37. Where, on application made, it is shown to the court by such evidence as
seems to the court sufficient –

(a) that any act or omission of a candidate at any election, or of any
agent or other person, would, by reason of being in
contravention of any of the provisions of this Act, be but for
this section an illegal practice, payment, employment or hiring;
and

(b) that such act or omission arose from inadvertence or from
accidental miscalculation or from some other reasonable cause
of the like nature, and in any case did not arise from any want
of good faith; and

(c) that such notice of the application has been given as to the
court seems fit,

and under the circumstances it seems to the court to be just that such
candidate, agent and person, or any of them, should not be subject to any of
the consequences under this Act of the act or omission, the court may make
an order allowing such act or omission to be an exception from the
provisions of this Act which would otherwise make the same an illegal
practice, payment, employment or hiring, and thereupon such candidate,
agent or person shall not be subject to any of the consequences under this
Act of the act or omission.

Corrupt practices .

Definition of and penalty for corrupt practices.

38. (1) The expression “corrupt practice” in this Act means any of the
following offences, namely, bribery, treating, undue influence, and
personation as defined by this Act and aiding, abetting, counselling and
procuring the offence of personation.
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(2) A person who commits any corrupt practice other than personation
or aiding, abetting, counselling or procuring the offence of personation is
liable, on summary conviction to imprisonment for six months and to a fine
of £100.

(3) A person who commits the offence of personation or of aiding,
abetting, counselling or procuring the commission of that offence is liable,
on conviction, to imprisonment for two years and to a fine of £200:

Provided that a person charged with personation shall not be summarily
convicted by virtue of this section or committed for trial, except on the
evidence of not less than two credible witnesses.

(4) A person who is convicted of any corrupt practice shall (in addition
to any punishment as above provided) be incapable during a period of seven
years from the date of his conviction–

(a) of being registered as an elector or of voting at an election; or

(b) of being elected at an election or, if elected before conviction,
of retaining his seat.

False declarations.

39.A candidate or election agent who knowingly makes the declaration
required by section 15 falsely is guilty of a corrupt practice.

Meaning of bribery.

40. The following persons shall be deemed guilty of bribery within the
meaning of this Act –

(a) any person who directly or indirectly by himself or by any other
person on his behalf gives, lends, or agrees to give or lend, or
offers, promises, or promises to procure or to endeavour to
procure, any money or valuable consideration to or for any
elector, or to or for any person on behalf of any elector, or to or
for any other person, in order to induce any elector to vote for
or refrain from voting, or corruptly does any such act on
account of such elector having voted or refrained from voting
at any election;

(b) any person who directly or indirectly, by himself or by any
other person on his behalf, gives or procures, or agrees to give
or procure, or offers, promises, or promises to procure or to
endeavour to procure any office, place, or employment to or for
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any elector, or to or for any person on behalf of any elector, or
to or for any other person, in order to induce such elector to
vote or refrain from voting, or corruptly does any such act on
account of any elector having voted or refrained from voting at
any election;

(c) any person who directly or indirectly by himself or by any other
person on his behalf, makes any such gift, loan, offer, promise,
procurement, or agreement as aforesaid, to or for any person, in
order to induce such person to procure, or endeavour to
procure, the election of any person or the vote of any elector at
any election;

(d) any person who, upon or in consequence of any such gift, loan,
offer, promise, procurement, or agreement, procures or
engages, promises or endeavours to procure the election of any
person or the vote of any elector at any election;

(e) any person who advances or pays, or causes to be paid, any
money to or to the use of any other person, with the intent that
such money, or any part thereof, shall be expended in bribery at
any election, or who knowingly pays, or causes to be paid, any
money to any person in discharge or repayment of any money
wholly or in part expended in bribery at any election;

(f) any elector who before or during any election, directly or
indirectly, by himself, or by any other person on his behalf,
receives, agrees, or contracts for any money, gift, loan, or
valuable consideration, office, place, or employment, for
himself or for any person, for voting or agreeing to vote, or for
refraining or agreeing to refrain from voting, at any election;
and

(g) any person who, after any election, directly or indirectly, by
himself or by any other person on his behalf, receives any
money or valuable consideration on account of any person
having voted or refrained from voting, or having induced any
other person to vote or refrain from voting, at any election.

Meaning of treating.

41. The following persons shall be deemed guilty of treating within the
meaning of this Act –

(a) any person who corruptly by himself or by any other person,
either before, during, or after an election, directly or indirectly,
gives or provides, or pays wholly or in part the expenses of
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giving or providing, any food, drink, entertainment, or
provision to or for any person for the purpose of corruptly
influencing that person, or any other person, to vote or refrain
from voting at such election, or on account of such person or
any other person having voted or refrained from voting or
being about to vote or refrain from voting at such election; and

(b) any elector who corruptly accepts or takes any such food, drink,
entertainment, or provision.

Meaning of undue influence.

42. A person who directly or indirectly, by himself or by any other person on
his behalf, makes use of, or threatens to make use of, any force, violence, or
restraint, or inflicts, or threatens to inflict, by himself or by any other person,
any temporal or spiritual injury, damage, harm, or loss, or in any other
manner practices intimidation upon or against any person, in order to induce
or compel such person to vote or, refrain from voting, or on account of such
person having voted or refrained from voting, at any election, or who by
abduction, duress or any fraudulent contrivance, impedes or prevents the
free exercise of the franchise of any elector, or thereby compels, induces, or
prevails upon any elector either to give or refrain from giving his vote at any
election, is guilty of undue influence within the meaning of this Act.

Meaning of personation.

43. A person who at an election applies for a ballot paper in the name of
another person, whether that name be the name of a person living or dead, or
of a fictitious person, or who, having voted once at any election, applies at
the same election for a ballot paper in his own name, is guilty of personation
within the meaning of this Act.

Persons charged with corrupt practice may be convicted of illegal
practice.

44.A person charged with a corrupt practice may, if the circumstances
warrant such finding, be found guilty of an illegal practice (which offence
shall for that purpose be an indictable offence) and any person charged with
an illegal practice may be found guilty of that offence, notwithstanding that
the act constituting the offence amounted to a corrupt practice, and a person
charged with illegal payment, employment or hiring maybe found guilty of
that offence, notwithstanding that the act constituting the offence amounted
to a corrupt or illegal practice.

Other offences

Molestation.
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45.(1) The returning officer may, by means of a red line marked on the
ground, cause to be demarcated an area in the vicinity of any polling station,
and it shall not be permitted during the hours of poll to solicit voters who
are in such an area or to distribute leaflets or other papers to them or to
accost them with a view to such solicitation or distribution or otherwise to
molest them.

(2) A person who, during the hours of poll whilst a voter is in an area
demarcated in pursuance of subsection (1), solicits him or distributes leaflets
or other papers to him or accosts him with a view to such a solicitation or
distribution or otherwise molests him is guilty of an offence and is liable on
summary conviction to a fine of £100.

Destroying or defacing posters.

46. A person who prior to the declaration of results of the poll wilfully
destroys, defaces, tears, adds to, alters, wholly or partly obliterates or
otherwise mutilates or renders illegible a bill, placard or poster having
reference to an election is guilty of an offence and is liable on summary
conviction, to a fine of £100.

Offences in respect of ballot papers and ballot boxes.

47.(1) A person who –

(a) forges or counterfeits or fraudulently defaces or destroys any
nomination paper or any ballot paper or the official mark on
any ballot paper;

(b) without due authority supplies a ballot paper to any person;

(c) fraudulently puts into any ballot box any paper other than the
ballot paper which he is authorized by law to put in;

(d) fraudulently takes out of the polling station any ballot paper; or

(e) without due authority destroys, takes, opens, or otherwise
interferes with, any ballot box or packet of ballot papers then
in use for the purposes of any election,

is guilty of an offence, and is liable, on conviction, if he be the returning or
presiding officer, or clerk employed at a polling station, to imprisonment for
one year and to a fine of £200, and, if he is any other person, to
imprisonment for six months and to a fine of £100.

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(2) Any attempt to commit any offence specified in this section shall be
punishable in the manner in which the offence itself is punishable.

(3) In any information or prosecution for an offence in relation to the
ballot boxes, ballot papers and other things in use at an election, the property
in such ballot boxes, ballot papers or things, may be stated to be vested in
the returning officer at such election.

Infringement of secrecy.

48.(1) Every person in attendance at a polling station shall maintain and aid
in maintaining the secrecy of voting and shall not, except for some purpose
authorized by law, communicate to any person before the poll is closed any
information as to–

(a) the name or number on the register of any elector who has or
has not applied for a ballot paper or voted at a polling station;
or

(b) the official mark.

(2) Every person attending at the counting of the votes shall maintain
and aid in maintaining the secrecy of voting and shall not–

(a) ascertain or attempt to ascertain at the counting of votes the
number on the back of any ballot paper; or

(b) communicate any information obtained at the counting of the
votes as to the candidates for whom any votes are given on any
particular ballot paper.

(3) No person whatsoever shall –

(a) interfere or attempt to interfere with a voter when recording his
vote;

(b) obtain or attempt to obtain in a polling station information as to
the candidates for whom a voter in that station is about to vote
or has voted;

(c) communicate at any time to any person any information
obtained in a polling station as to the candidates for whom a
voter in that station is about to vote or has voted, or as to the
number on the back of the ballot paper given to a voter at that
station; or

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(d) directly or indirectly induce a voter to display his ballot paper
after he has marked it so as to make known to any person the
name or names of the candidate or candidates for whom he has
or has not voted.

(4) No person having undertaken to assist a blind voter, or a person
making a postal vote under rules made under section 25, to vote shall
communicate at any time to any person any information as to the candidate
or candidates for whom that voter intends to vote or has voted, or as to the
number on the back of the ballot paper given for the use of that voter.

(5) A person who acts in contravention of this section is guilty of an
offence and is liable on summary conviction to imprisonment for six months
and to a fine of £100.

Breaches of Official duty.

49. (1) A person to whom this section applies, or who is for the time being
under a duty to discharge any of the functions of such person, who is,
without reasonable cause, guilty of any act or omission in breach of his
official duty is, subject to subsection (4), liable on summary conviction to
imprisonment for six months and to a fine of £l00.

(2) No person to whom this section applies is liable for breach of his
official duties to any penalty at common law or under any enactment except
as provided by this section, nor shall any action for damages lie in respect of
the breach by any such person of his official duty.

(3) The persons to whom this section applies are any registration officer,
returning officer, presiding officer or clerk or assistant employed by such an
officer in connection with his official duties; and the expression “official
duty” shall for the purposes of this section be construed accordingly but
shall not include duties imposed otherwise than by the law relating to
elections or the registration of electors.

(4) Nothing in this section shall affect any person’s criminal liability
under section 48.

Miscellaneous.
Limitation.

50.(1) A proceeding against a person in respect of the offence of a corrupt
or illegal practice or any other offence under this Act shall be commenced
within one year after the offence was committed, or if it was committed in
reference to an election in respect to which an election petition is presented
shall be commenced within one year after the offence was committed or
within three months after the determination of such election petition,
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whichever period last expires, so that it be commenced within two years
after the offence was committed, and the time so limited by this section
shall, in the case of any proceeding under the Criminal Procedure Act for
any such offence, be substituted for any limitation of time contained in the
last mentioned Act.

(2) For the purposes of this section the issue of a summons, warrant,
writ, or other process shall be deemed to be a commencement of a
proceeding where the service or execution of the same on or against the
alleged offender is prevented by the absconding or concealment or act of the
alleged offender, but save as aforesaid the service or execution of the same
on or against the alleged offender, and not the issue thereof, shall be deemed
to be the commencement of the proceeding.

Duties of Attorney-General.

51. Where information is given to the Attorney-General that any corrupt or
illegal practice has occurred in reference to any election, it shall be his duty
to make such inquiries and institute such prosecutions as the circumstances
of the case appear to him to require.

Removal of incapacity.

52. Where a person has become subject to any incapacity under this Act by
reason of a conviction and any witness who gave evidence against such
incapacitated person upon the proceeding for such conviction is convicted of
perjury in respect of that evidence, the incapacitated person may apply to the
court, and the court, if satisfied that the conviction so far as respects such
person was based upon perjury, may order that such incapacity shall
thenceforth cease and the same shall cease accordingly.


PART IV.
ELECTION PETITIONS

Grounds for petitioning.

53. (1) An election may be questioned by a petition (hereinafter referred to
as an “election petition”) on the ground–

(a) that offences under this Act committed in reference to the
election for the purpose of promoting or procuring the election
of a person thereat have so extensively prevailed that they may
reasonably be supposed to have affected the result;

(b) that the election was avoided by corrupt practices or offences
against this Act committed at the election;
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(c) that the person whose election is questioned was at the time of
the election disqualified; or

(d) that he was not duly elected in accordance with the provisions
of this Act.

(2) An election shall not be questioned on any of these grounds except
by an election petition.

Application of English law.

54.(1) Every election petition shall be heard by the court and, subject to the
provisions of this Act and any rules of court made under the powers
conferred by this section, every election petition shall, as nearly as
circumstances admit, be presented, heard and determined according to the
law for the time being in force in England with respect to election petitions.

(2) Rules for the regulation of the practice, procedure and costs of
election petitions and the trial thereof may be made in the like manner as
rules made under and for the purpose of the Supreme Court Act.

Who may petition.

55.(1) An election petition may be presented either by four or more persons
who voted or had a right to vote at the election or by a person alleging
himself to have been a candidate at the election.

(2) Any person whose election is questioned by the petition, and any
returning officer of whose conduct a petition complains, may be made
respondent to such petition.

(3) The petition shall be signed by the petitioner or all the petitioners if
more than one.

(4) Subject to any other provisions of this section an election petition
shall be presented within twenty-one days after the day on which the result
of the election has been declared.

(5) An election petition complaining of the election on the grounds of
any corrupt or illegal practice and specifically alleging that a payment of
money or other reward has been made or promised since the election by a
person elected at the election, or on his account or with his privity, in
pursuance or in furtherance of such corrupt or illegal practice may be
presented at any time within twenty-eight days after the date of the alleged
payment or promise, whether or not any other petition against that person
has been previously presented or tried.
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(6) An election petition complaining of the election on the ground of an
illegal practice may be presented at any time before the expiration of
fourteen days after the day on which the returning officer receives the return
and declaration respecting election expenses by the candidate to whose
election the petition relates:

Provided that this subsection shall apply notwithstanding that the illegal
practice is also a corrupt practice.

Security for costs.

56.(1) At the time of presenting an election petition or within three days
thereafter, the petitioner shall give security for all costs, charges and
expenses which may become payable by him to any witness summoned on
his behalf, or to any respondent.

(2) The security shall be to such amount, not exceeding £100, as the
Chief Justice may direct and shall be given either by a deposit of money into
court or by recognizance entered into before the Registrar of the Supreme
Court by not more than four sureties, or partly in one way and partly in the
other.

(3) If no security is so given no further proceedings shall be had on the
petition.

Trial of petitions.

57.(1) An election petition shall be heard in open court.

(2) At the conclusion of the trial the court shall determine whether the
person whose election is complained of, or any and if so, what other person
was duly elected, or whether the election was void and such determination
shall be final to all intents as to the matters at issue on the petition.

(3) On the trial of a petition, unless the court otherwise directs, any
charge of a corrupt practice or offence against this Act may be enquired into
and evidence in relation thereto received before any proof has been given of
agency on behalf of any candidate in respect of the corrupt practice or
offence.

(4) On the trial of a petition complaining of an undue election and
claiming the seat for some other person, the respondent may give evidence
to prove that that person was not duly elected in the same manner as if he
had presented a petition against the election of such person.

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(5) The trial of a petition shall be proceeded with notwithstanding that
the respondent has ceased to hold the seat his election to which is
questioned by the petition.

(6) On every trial of an election petition the Attorney-General shall by
himself or by his representative attend at the trial and it shall be his duty to
obey any directions given to him by the court with respect to the summoning
and examination of any witness to give evidence on such trial and with
respect to the prosecution by him of offenders.

(7) It shall also be the duty of the Attorney-General, without any
direction from the court, if it appears to him that any person is able to give
material evidence as to the subject of the trial, to cause such person to attend
the trial and with the leave of the court to examine such person as a witness.

(8) It shall also be the duty of the Attorney-General without any
direction from the court, if he thinks it expedient in the interests of justice so
to do, to prosecute any person who appears to him to have been guilty of a
corrupt or illegal practice at an election.

Withdrawal of election petition.

58.(1) A petitioner shall not withdraw an election petition without the leave
of the court.

(2) Before leave for the withdrawal of an election petition is granted
there shall be produced affidavits by all the parties to the petition and their
solicitors, but the court may on cause shown dispense with the affidavit of
any particular person if it seems to the court on special grounds to be just so
to do.

(3) Each affidavit shall state that to the best of the deponent’s
knowledge and belief, no agreement or terms of any kind whatsoever has or
have been made and no undertaking has been entered into, in relation to the
withdrawal of the petition; but if any lawful agreement has been made with
respect to the withdrawal of the petition, the affidavit shall set forth that
agreement and shall make the foregoing statement subject to what appears
from the affidavit.

(4) The affidavits of the applicant and his solicitor shall further state the
ground on which the petition is sought to be withdrawn.

(5) A person who makes any agreement or terms, or enters into any
undertaking, in relation to the withdrawal of an election petition, and such
agreement, terms or undertaking is or are for the withdrawal of the election
petition in consideration of any payment, or in consideration that the seat
shall at any time be vacated, or in consideration of the withdrawal of any
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other election petition, or is or are (whether lawful or unlawful) not
mentioned in the affidavits is guilty of an offence and is liable on summary
conviction to imprisonment for twelve months and to a fine of £200.

(6) Copies of the affidavits shall be delivered to the Attorney-General a
reasonable time before the application for the withdrawal is heard and the
court may hear the Attorney-General or his representative in opposition to
the allowance of the withdrawal of the petition and shall have power to
receive the evidence on oath of any person or persons whose evidence the
Attorney-General or his representative may consider material.

(7) On the hearing of the application any person who might have been a
petitioner in respect of the election may apply to the court to be substituted
as a petitioner, and the court may, if it thinks fit, substitute him accordingly.

(8) If the proposed withdrawal is in the opinion of the court–

(a) the result of any agreement, terms or undertaking prohibited by
this section; or

(b) induced by any corrupt bargain or consideration, the court may
by order direct that the security given on behalf of the original
petitioner shall remain as security for any costs that may be
incurred by the substituted petitioner, and that to the extent of
the sum named in the security, the original petitioner and his
sureties be liable to pay the costs of the substituted petitioner.

(9) If the court does not so direct, then security to the same amount as
would be required in the case of a new petition, and subject to the like
conditions, shall be given on behalf of the substituted petitioner before he
proceeds with his petition and within the prescribed time after the order of
substitution.

(10) Subject as aforesaid, a substituted petitioner shall, as nearly as may
be, stand in the same position and be subject to the same liabilities as the
original petitioner.

(11) If a petition is withdrawn the petitioner shall be liable to pay the
costs of the respondent.

Exoneration of candidate where agent guilty of offence.

59. Where upon the trial of an election petition, the court finds that a
candidate at such election has been guilty by his agents of the offence of
treating, undue influence or illegal practice in reference to such election, and
the candidate proves to the court –

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(a) that no corrupt or illegal practice was committed at such
election by the candidate or with his knowledge or consent, and
the offences committed were committed without the sanction
or connivance of such candidate;

(b) that all reasonable means for preventing the commission of
corrupt and illegal practices were taken by and on behalf of the
candidate;

(c) that the offences committed were of a trivial, unimportant and
limited character; and

(d) that in all other respects the election was free from any corrupt
or illegal practice on the part of such candidate and of his
agent,

then the election of such candidate shall not, by reason of the offences found
to have been committed, be void, nor shall the candidate be subject to any
incapacity under this Act.

No obligation on voter to disclose vote.

60. No person who has voted at an election shall, in any legal proceeding for
the purpose of questioning the validity of the election or return, be required
to state for whom he has voted.


PART V.
POWERS AND PRIVILEGES OF THE PARLIAMENT.

Privileges.

Freedom of speech and debate.

61. There shall be freedom of speech and debate in the Parliament. Such
freedom of speech and debate shall not be liable to be questioned in any
court or place outside the Parliament.

Immunity from legal proceedings.

62. No civil or criminal proceedings may be instituted against any member
for words spoken before, or written in a report to, the Parliament or to a
committee thereof or by reason of any matter or thing brought by him
therein by petition, Bill, resolution, motion or otherwise.

Power to exclude strangers.

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63.(1) No stranger shall be entitled, as of right, to enter or remain within
the precincts of the Parliament Chamber and the Speaker or any officer
authorized in that behalf by the Speaker may at any time order any stranger
to withdraw therefrom.

(2) The Speaker may issue such orders as he may in his discretion deem
necessary or desirable for the regulation of the admittance of strangers to,
and the conduct of strangers within the precincts of the Parliament Chamber.

(3) The exhibition in a conspicuous position in the precincts of the
Parliament Chamber of a copy, duly authenticated by the Clerk, of any
orders made by the Speaker under this section shall be deemed to be
sufficient notice to all persons affected thereby.

No evidence of proceedings to be given without leave.

64.(1) No member or officer and no person employed to take or transcribe
minutes of evidence before the Parliament or any committee shall give
evidence elsewhere respecting the contents of such minutes of evidence or
of the contents of any document laid before the Parliament or committee, as
the case may be, or respecting any proceedings or examination held before
the Parliament or committee, as the case may be, without the special leave
of the Parliament first had and obtained.

(2) The special leave referred to in subsection (1) may be given during a
recess or adjournment by the Speaker.

Immunity from process within the precincts.

65. Notwithstanding anything to the contrary, no process issued by any court
in Gibraltar or outside Gibraltar in exercise of its civil jurisdiction shall be
served or executed within the precincts of the Parliament Chamber while the
Parliament or a committee is sitting or through the Speaker or any officer of
the Parliament, nor shall any member be arrested on civil process, save by
leave of the Speaker first obtained, while he is within the precincts of the
Parliament Chamber and while the Parliament or a committee is sitting.


Procuring of evidence.

Power to order attendance of witness.

66.(1) The Parliament or any standing committee may, subject to the
provisions of sections 69, 70 and 72, order any person to attend before the
Parliament or before such committee and to give evidence or to produce any
paper, book, record or document in the possession or under the control of
such person.
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(2) The powers conferred by subsection (1) on a standing committee
may be exercised by any other committee which is specially authorized by
the Parliament to exercise such powers.

Issue of summons.

67. (1) Any order to attend to give evidence or to produce documents before
the Parliament or an authorized committee shall be notified to the person
required to attend or to produce documents by a summons under the hand of
the clerk issued by the direction of the Speaker.

(2) In every summons under subsection (1) there shall be stated the time
when and the place where the person summoned is required to attend and
the particular documents which he is required to produce. The summons
shall be served on the person mentioned therein by delivering to him a copy
thereof or by leaving a copy thereof at his usual or last known place of
abode in Gibraltar with some adult person; and there shall be paid or
tendered to the person so summoned, such sum for his expenses as may be
specified by standing order.

(3) A summons under this section may be served by an officer or by a
police officer.

Examination on oath.

68.(1) The Parliament or any authorized committee may require that any
facts, matters and things relating to the subject of inquiry before the
Parliament or such committee be verified or otherwise ascertained by the
oral examination of witnesses, and may cause any such witnesses to be
examined upon oath.

(2) An oath required to be taken under the provisions of this section may
be administered by the Clerk or by any other person appointed by the
Parliament for that purpose, or, in the case of a witness before a committee,
by the chairman of the committee or by the member presiding in the absence
of the chairman, or by the clerk to the committee.

Objections to answering questions or producing papers.

69.(1) Where any person ordered to attend to give evidence or to produce
any paper, book, record or document before the Parliament refuses to
answer any question that may be put to him or to produce any such paper,
book, record or document on the ground that the same is of a private nature
and does not affect the subject of inquiry, the Speaker may excuse the
answering of such question or the production of such paper, book, record or
document, or may order the answering or production thereof.
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(2) Where a person ordered to attend to give evidence or to produce any
paper, book, record or document before any authorized committee refuses to
answer any question that may be put to him or to produce any such paper,
book, record or document on the ground that the same is of a private nature
and does not affect the subject of inquiry, the chairman of the committee
may report such refusal to the Speaker with the reasons therefor; and the
Speaker may thereupon excuse the answering of such question or the
production of such paper, book, record or document or may order the
answering or production thereof.

Privileges of witnesses.

70. (1) Every person summoned to attend to give evidence or to produce any
paper, book, record or document before the Parliament or an authorized
committee shall be entitled, in respect of such evidence or the disclosure of
any communication or the production of any such paper, book, record or
document, to the same rights and privileges as before a court of law.

(2) Except with the general or special consent of the Governor, no
public officer shall –

(a) produce before the Parliament or a committee any paper, book,
record or document; or

(b) give before the Parliament or a committee evidence on any
matter,

which relates to the correspondence of any naval, military, air force or civil
department or to any matter affecting the public service. Secondary evidence
shall not be received by or produced before the Parliament or a committee of
the contents of any such paper, book, record or document.

Issue of certificates to protect witnesses.

71.(1) Every witness before the Parliament or an authorized committee who
shall answer fully and faithfully any questions put to him by the Parliament
or such committee to its satisfaction shall be entitled to receive a certificate
stating that such witness was upon his examination so required to answer
and did answer any such questions.

(2) Every certificate under subsection (1) shall, in the case of a witness
before the Parliament, be under the hand of the Speaker, and in the case of a
witness before a committee, be under the hand of the chairman thereof.

(3) On production of such certificate to any court of law such court shall
stay any proceedings, civil or criminal, except for a charge under section
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244 of the Criminal Offences Act 1 , against such witness for any act or thing
done by him before the time and revealed by the evidence of such witness,
and may, in its discretion, award to such witness the expenses to which he
may have been put.

Usage of Parliament.

72. Where at any time any question arises in the Parliament or in a
committee regarding –

(a) the right or power of the Parliament or committee to hear,
admit or receive oral evidence; or

(b) the right or power of the Parliament or committee to peruse or
examine any paper, book, record or document or to summon,
direct or call upon any persons to produce any paper, book,
record or document before the Parliament or committee; or

(c) the right or privilege of any person (including a member of the
Parliament or committee) to refuse to produce any paper, book,
record or document or to lay any paper, book, record or
document before the Parliament or committee,

that question shall, subject to the preceding provisions of this Act, and
except in so far as express provision is made in those provisions for the
determination of that question, be determined in accordance with the usage
and practice of the Commons House of Parliament of the United Kingdom
of Great Britain and Northern Ireland.

Offences.

False evidence.

73. A person who before the Parliament or any authorized committee
intentionally gives a false answer to any question material to the subject of
inquiry which may be put to him during the course of any examination is
guilty of an offence against section 244 of the Criminal Offences Act 1 .

False documents.

74. A person who presents to the Parliament or to any committee any false,
untrue, fabricated or falsified document with intent to deceive the
Parliament, where such presentation does not constitute an offence under
section 73, is, liable on summary conviction to imprisonment for six months
and to a fine of £100.
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Interference with witnesses.

75. A person who –

(a) tampers with, deters, threatens, molests, beguiles or in any way
unduly influences any witness in regard to any evidence to be
given by him before the Parliament or any committee; or

(b) threatens, molests or in any way punishes, damnifies or injures
or attempts to punish, damnify or injure any person for having
given evidence before the Parliament or any committee or on
account of any evidence which he has given before the
Parliament or any committee,

is guilty of an offence and is liable on conviction to imprisonment for twelve
months and to a fine of £500.

Corrupt and improper practices.

76.(1) A person who offers to any member or officer or to any person who
is an employer, a partner or in the service of any member, either directly or
indirectly, any bribe, fee, compensation, gift or reward in order to influence
such member or officer in his conduct as such member or officer or for or in
respect of the promotion of or opposition to any Bill, resolution, matter, rule
or thing submitted to, or intended to be submitted to, the Parliament, is
guilty of an offence.

(2) A member or officer or any person who is an employer, a partner or
in the service of any member who demands, accepts or receives, directly or
indirectly, any bribe, fee, compensation, gift or reward the offering of which
is or would be an offence under this section is likewise guilty of an offence.

(3) A person who commits an offence against this section is liable on
conviction to imprisonment for three years and to a fine of £500.

(4) In any proceedings against any person for an offence against this
section, the court may, if it finds the offence proved –

(a) order that the value or the amount of any bribe, fee,
compensation, gift or reward offered or accepted or received in
contravention of this section shall be forfeit; or

(b) order that the amount or the value of any bribe, fee,
compensation, gift or reward accepted or received in
contravention of this section shall be repaid by the person
accepting or receiving the same, or by the person on whose
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behalf the same was accepted or received, to the person from
whom it was accepted or received, or to the person on whose
behalf such latter person was acting.

Contempt.

77. A person who–

(a) having been called upon to give evidence before the Parliament
or an authorized committee thereof refuses to be sworn or
make an affirmation; or

(b) being a witness misconducts himself; or

(c) causes an obstruction or disturbance within the precincts of the
Parliament Chamber during a sitting of the Parliament or of a
committee thereof; or

(d) shows disrespect in speech or manner towards the Speaker or
person presiding; or

(e) commits any other act of intentional disrespect to or with
reference to the proceedings of the Parliament or of a
committee of the Parliament or to any person presiding at such
proceedings,

is guilty of an offence.

Disobedience.

78. A person who wilfully and without lawful cause fails to comply with, or
contravenes, any order made under section 63 or section 66, or who wilfully
fails to obey any other order of the Parliament whereby the Parliament is
obstructed in the performance of its functions is guilty of an offence;

Provided that no offence is committed under this section unless the
Speaker or an officer has drawn to the attention of the person concerned the
fact that such failure or contravention is contrary to such order, and the
person thereafter continues in such failure or contravention.

Breaches of confidence, etc.

79. A person who–

(a) publishes, save by the general or special leave of the
Parliament, a report of any proceedings of the Parliament or
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any committee when such proceedings have not been held in
public; or

(b) publishes any false or scandalous libel on the Parliament or any
report which wilfully misrepresents in any way any
proceedings of the Parliament or any committee; or

(c) publishes, save by the general or special leave of the
Parliament, any paper, report or other document prepared
expressly for submission to the Parliament before the same has
been laid on the Table of the Parliament; or

(d) prints or causes to be printed a copy of any Act now or
hereafter in force or a copy of any report, paper or journals of
the Parliament as purporting to have been printed by the
Government Printers, or by or under the authority of the
Parliament, or of the Speaker, and the same is not so printed; or

(e) tenders in evidence any such copy as purporting to be so
printed knowing the same was not so printed, is guilty of an
offence and is liable, on conviction, to imprisonment for twelve
months and to a fine of £250.

Assaulting, etc., members and officers.

80. A person who –

(a) assaults, obstructs or insults any member or officer going to or
from the precincts of the Parliament Chamber; or

(b) endeavours to compel either directly or indirectly any member
by force, insult or menace to declare himself in favour of or
against, any Bill, resolution, matter, rule or thing submitted to,
or intended to be submitted to, the Parliament; or

(c) assaults, interferes with, resists or obstructs any officer while in
the execution of his duty as such officer; or

(d) sends to any member any threatening letter, or challenges any
member to a fight, on account of his conduct as such member;
or

(e) creates or joins in any disturbance which interrupts or is likely
to interrupt the proceedings of the Parliament while it is sitting;
or

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(f) publishes or prints any libel on any member concerning his
character or conduct as a member and with regard to actions
performed or words uttered by him in the course of the
transaction of the business of the Parliament,

is guilty of an offence.

Penalties.

81. For every offence under this Part for which no other penalty is specially
provided the offender is liable on summary conviction to imprisonment for
three months and to a fine of £50.

Sanction of Attorney-General.

82. No prosecution shall be instituted for an offence under this Part, other
than an offence under paragraph (c) of section 77 or paragraph (a), (c) or (e)
of section 80, except by the Attorney-General upon information given to
him in writing by the Speaker.

Powers of the Parliament in cases of contempt.

83.(1) Where any member commits any contempt of the Parliament
whether specified in section 77 or otherwise, the Parliament may, by
resolution, either direct the Speaker to reprimand such member or suspend
him from the service of the Parliament for such period as it may determine:

Provided that such period shall not extend beyond the last day of the
meeting next following that in which the resolution is passed, or of the
session in which the resolution is passed, whichever shall first occur.

(2) No salary or allowance payable to a member of the Parliament for
his service as such shall be paid in respect of any period during which he is
suspended from the service of the Parliament under the provisions of this
section.

(3) If any person not being a member commits a contempt whether
specified in section 77 or otherwise, the Parliament may, by resolution,
direct that the Speaker shall order such person to appear before the
Parliament and that he shall, upon such attendance, reprimand him at the
Bar of the Parliament.

Miscellaneous.

Commons journals as evidence.

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84. Subject to the provisions of this Act, a copy of the journals of the
Commons House of Parliament of the United Kingdom of Great Britain and
Northern Ireland printed or purporting to be printed by the order or by the
printer of such Commons House shall be received as prima facie evidence
without proof of its being such copy upon any inquiry touching the
privileges, immunities and powers of the Parliament or of any member
thereof.

Journals, etc., of the Parliament as evidence.

85. Upon any inquiry touching the privileges, immunities and powers of the
Parliament or of any member, any copy of the journals, reports or Standing
Orders of the Parliament printed or purporting to be printed by the
Government Printers, or any copy of the journals, reports or Standing Orders
duly authenticated as such under the hand of the clerk, shall be admitted as
evidence of such journals, reports or Standing Orders in all courts and places
without any further proof being given.

Absence of the Speaker.

86. The powers and privileges vested in the Speaker by this Act shall, in the
absence of the Speaker for a reason other than a reason mentioned in section
26(5) of the Constitution, be vested during a sitting of the Parliament in the
person appointed by the Parliament to preside at that sitting of the
Parliament (and any such person may be a member of the Parliament).

Suspension of members.

87. A member who has been suspended from the service of the Parliament
shall not enter or remain within the precincts of the Parliament Chamber
whilst such suspension remains in force, and if any member is found within
the precincts of the Parliament Chamber in contravention of this section, he
may be forcibly removed therefrom by any officer of the Parliament and no
proceedings shall lie against such officer in respect of such removal.

Powers supplementary.

88. The powers of the Parliament and the Speaker under this Act shall be
supplementary to any powers conferred by the Gibraltar Constitution Order
2006 or any Order in Council amending or replacing it or by Standing
Orders.

Exclusion of court’s jurisdiction.

89. Neither the Parliament, the Speaker nor any officer shall be subject to
the jurisdiction of any court in respect of the exercise of any power
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conferred on or vested in the Parliament the Speaker or such officer by or
under this Part.


PART VI.
PENSIONS.

Application.

89A. This Part does not apply to a person who, after 20 October 2015, has
become an elected member for the first time.

Alternative pension scheme.

89B. A person who, but for the operation of section 89A would be entitled
to a pension under this Part shall be offered, by the Chief Secretary an
opportunity to join such pension scheme as may be available to officers in
the public service.

Interpretation.

90.(1) In this Part, unless the context otherwise requires–

“allowance”, in relation to an elected member, in respect of any
service by him as such, means the amount that he was entitled
to receive by way of personal remuneration for service, as
Speaker, ordinary elected member, Chief Minister, minister, or
Leader of the Opposition; but does not in any case include any
allowance by way of payment or reimbursement for his
expenses;

“elected member” means the Speaker of the Parliament, an ordinary
elected member of the Parliament, the Chief Minister, any
minister, or the Leader of the Opposition;

“notional annual allowance”, in relation to any person, means the
notional annual allowance of that person as an elected member,
computed in accordance with section 93, immediately before
the last day on which he ceases for the time being to be an
elected member;

“pension” includes a pension that is re-computed under section 95.

(2) In this Part, references to service as an elected member include–

(a) service as an elected member at any time before the 20th day of
December, 1979; and
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(b) service as an elected member of the Legislative Council on or
after the 1st day of August, 1964–

but do not include service before the 1st day of August, 1964.

(3) For the purposes of this Part, where an elected member vacates his
seat in the Parliament by operation of section 29(1)(b) of the Constitution,
he shall be deemed to have ceased to be an elected member with the
expiration of the last day on which he has previously attended a meeting of
the Parliament.

(4) For the purposes of this Part, a person becomes entitled to a pension
when he qualifies under section 91(1), notwithstanding that by reason of
section 91(2) the pension is not for the time being payable to him.

Entitlement to pension.

91.(1) Subject to the provisions of this Part, every person who–

(a) has served as an elected member for a period or periods
(whether continuous or not and whether before or after the 20th
day of December, 1979) being in the aggregate not less than 90
months; and

(b) has served as an elected member in the third or any subsequent
Assembly of the Parliament–

shall, on ceasing to be an elected member be entitled to a pension under this
Act.

(2) Notwithstanding subsection (1), no pension shall become payable
under this Act before the person who is entitled to it has attained the age of
55 years.

Computation of pension.

92.(1) Subject to subsection (2), the pension to which a person shall be
entitled under this Act shall, in respect of each completed month during
which he has served as an elected member be at the rate per annum of 1/504
of his notional annual allowance as an elected member.

(2) No pension under this Act shall exceed a rate per annum of 2 /3 of the
notional annual allowance of the person who is entitled to the pension.

Computation of notional annual allowance.

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93.(1) Subject to subsections (2), (3), and (4), the notional annual
allowance of an elected member shall be–

12 b a x

where–

“a” is the sum of all allowances that he has received in respect of his
service; and

“b” is the number of completed months that he has served.

(2) For the purposes of subsection (1), before the notional annual
allowance of an elected member is computed, the allowances that he has
received in respect of his service shall be first converted to the
corresponding rates of allowance for such service that are payable
immediately before he ceases to be an elected member.

(3) In subsection (1), in any case where a person has served as an elected
member for more than 336 completed months–

(a) the factor “a” shall be the greatest sum that he has received in
any period of 336 completed months of his service (the
allowances actually received being first converted in
accordance with subsection (2)); and

(b) the factor “b” shall be 336

(4) So long as any allowance is exempt from the payment of income tax
it shall, in being taken into account under this section in the computation of
the notional annual allowance, after being converted under this section, be
increased by 33 1 /3 per cent.

Reduced pension and gratuity.

94.(1) A person may, at his option, exercisable in accordance with
subsection (2), be paid in lieu of a pension computed under section 92–

(a) a reduced pension together with a gratuity equal to twelve and a
half times the amount by which such pension is reduced; or

(b) a gratuity equal to twelve and a half times the amount of such
pension.

(2) An option exercisable in accordance with this section–

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(a) shall be exercisable and, if exercised, may be revoked on or
before the date on which the person becomes entitled to the
pension under this Act or at any time before he begins to
receive the pension under this Act; and

(b) shall be exercised or revoked by notice in writing addressed to
the Clerk; and

(c) shall be deemed to have been exercised or revoked on the day
on which such notice is received by the Clerk.

Effect of re-election.

95.(1) Where a person who is entitled to a pension under this Act is
subsequently re-elected as an elected member, the pension shall cease to be
payable to him during the period that he continues to be an elected member.

(2) Where a person to whom subsection (1) applies next ceases again to
be an elected member the pension to which he was entitled before his re-
election shall be re-computed ab initio to take into account the further
period of service, and he shall be entitled to the pension as re-computed but
in any event being at a rate not less than that which he was entitled before
his re-election.

(3) Where, in respect of the pension to which he was entitled before his
re-election, a person did not exercise the option referred to in section 94, he
may not exercise that option in respect of any re-computation under this
section.

(4) Where, in respect of the pension to which he was entitled before his
re-election, a person did exercise the option referred to in section 94, he
shall be deemed also to have exercised the same option in respect of the
period of his service after his re-election and before he next ceases to be an
elected member.

(5) This section shall apply in respect of any subsequent re-election of a
person in the same manner as it applies to his first re-election after he
becomes entitled to a pension under this Act.

Gratuity on death.

96.(1) Where a person who has served as an elected member for not less
than 90 months dies before attaining the age of 55 years (whether or not he
is serving as an elected member at the date of his death), there shall be
payable to his legal personal representative a sum equal to the maximum
gratuity to which the deceased person would have been entitled if he had not
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died but had on the day following the actual date of his death exercised the
option referred to in section 94.

(2) For the purposes of subsection (1), a person who dies in service shall
be deemed to have ceased to be an elected member on the day following the
actual date of his death.

Members dying of injuries or diseases contracted on duty.

97.(1) Where–

(a) an elected member–

(i) is injured in the actual discharge of his duty as or while
travelling on duty as an elected member and the injury is
not wholly or mainly caused or seriously aggravated by
his own serious and culpable negligence or misconduct;
or

(ii) contracts a disease to which he is exposed by the nature
of his duty and which is not wholly or mainly caused or
seriously aggravated by his own serious and culpable
negligence or misconduct; and

(b) in either case, the injury has occurred or the disease has been
contracted on or after the 1st day of August, 1964–

and the elected member dies as a direct result thereof, and such death occurs
within 7 years of the date when he was injured or contracted the disease,
there shall be payable to his legal personal representative, in lieu of any sum
under section 96, a sum equal to the maximum gratuity to which the
deceased elected member would have been entitled if–

(i) he had not died but had ceased to be an elected member
on the day following the actual date of his death, and had
exercised the option referred to in section 94; and

(ii) the reference in section 91(1)(a) to 90 months were a
reference to the actual length of time that he has served
as an elected member; and

(iii) the reference in section 91(2) to 55 years were a
reference to his actual age at the date of his death–

or a sum equal to his notional annual allowance, whichever is the greater
sum.

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(2) In addition to the sum payable under subsection (1), the Governor
may grant in respect of the dependants of the deceased elected member the
pensions which could have been granted under the Pensions Act to the
corresponding dependants of an officer in public service under the
Government dying as a result of injuries received or disease contracted in
the discharge of his duty (not being injuries received while travelling by air
in pursuance of official instructions), subject to the following modifications;

(a) references to the elected member’s notional annual allowance
shall be substituted for references to annual pensionable
emoluments; and

(b) if the deceased elected member leaves a widow, the rate of
pension granted to her shall not exceed 10/60 of his notional
annual allowance at the date of his injury or £1000, whichever
is the greater, and the pensions that may be granted to other
dependants shall be calculated accordingly; and

(c) no regard shall be had to the Oversea Superannuation Scheme
or to other public service; and

(d) the Governor shall have the same powers with respect to
granting, withholding, reducing and re-granting, and otherwise
in relation to such pensions, as he has in corresponding
circumstances in the case of dependants of the officers referred
to above.

Members injured or contracting diseases on duty.

98.(1) Where–

(a) an elected member–

(i) is injured in the actual discharge of his duty as or while
travelling on duty as an elected member and the injury is
not wholly or mainly caused or seriously aggravated by
his own serious and culpable negligence or misconduct;
or

(ii) contracts a disease to which he is exposed by the nature
of his duty and which is not wholly or mainly caused or
seriously aggravated by his own serious and culpable
negligence or misconduct; and

(b) the injury has occurred or the disease has been contracted on or
after the 1st day of August, 1964; and

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(c) he has ceased or ceases to be an elected member; and

(d) his condition is such that he is no longer reasonably able to
perform the functions of an elected member; and

(e) his condition was caused or materially accelerated by the injury
or disease–

he shall, on so ceasing to be an elected member, be entitled to a pension
under this Act to the same extent as he would be if the reference in section
91(1)(a) to 90 months were a reference to the actual length of time that he
has served as an elected member and the reference in section 91(2) to 55
years were a reference to his actual age at the date on which he ceases to be
an elected member.

(2) Where an elected member has become or becomes entitled to a
pension by virtue of subsection (1), he shall be entitled to an additional
pension calculated by reference to the degree by which his capacity to
contribute to his own support is impaired, at the annual rate of the
appropriate proportion of his notional annual allowance at the date of his
injury according to the following scale:

(a) slight impairment: 5 /60

(b) impairment: l0
/60

(c) material impairment: 15
/60

(d) total destruction: 20
/60.

(3) The additional pension specified in subsection (2) may be reduced to
such extent as the Governor thinks reasonable where the injury or disease is
not the cause or sole cause of the person’s ceasing to be an elected member.

(4) Where any benefit is payable to an elected member to whom this
section applies, under the Social Security (Employment Injuries Insurance)
Act, in consequence of an injury or disease for which he receives an
additional pension under subsection (2), the Governor may withhold any
such additional pension or reduce it to such extent as he thinks reasonable.

(5) Where the Governor is satisfied that damages have been or will be
recovered by an elected member to whom this section applies in respect of
an injury or disease for which he receives an additional pension under
subsection (2), the Governor may withhold the additional pension or reduce
it to such extent as he thinks reasonable having regard to the amount of
those damages, whether or not–

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(a) proceedings have been instituted to enforce the claim; or

(b) the damages have been paid pursuant to a judgment or order of
a court, or by way of settlement or compromise of the claim.

(6) Section 94 shall apply in respect of any pension payable under this
section.

Pension not assignable.

99. A pension or gratuity under this Act shall not be assignable or
chargeable with debts or other liabilities.

Cessation of pension on disqualification.

100. Where any person who is entitled to a pension under this Act
subsequently ceases to be qualified to be elected as an elected member, by
reason of any ground specified in either of paragraphs (f) and (i) of section
28(1) of the Constitution, the pension and any gratuity under section 94 shall
cease to be payable to him for so long as he is so disqualified.

Increase of pension.

101.(1) Every pension to which a person is entitled under this Act shall be
increased in accordance with this section where there has been an increase in
the cost of living after he has become entitled to the pension.

(2) The rate of every pension to which a person is entitled under this Act
shall be reviewed by the Financial Secretary as soon as may be on or after
the 1st day of October in every year.

(3) Where the Financial Secretary determines that the cost of living has
risen by 2 per cent or more from the 1st day of July in the preceding year,
the rate of the pension shall be increased with effect from the 1st day of July
in the year of review or, as the case may require, from such later date in the
year of review as the entitlement actually arises, in the proportion (to the
nearest 1 /10 of one per cent) in which the cost of living has risen during that
period.

(4) For the purposes of this section, the question whether there has or
has not been a rise in the cost of living shall be determined solely by
reference to the index of retail price as shown in the index produced by the
Government of Gibraltar.

(5) The amount of any increase awarded in accordance with the
provisions of this section shall not be taken into account for the purposes of
section 92(2).
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(6) Notwithstanding the preceding subsections of this section, where a
pension becomes payable to a person who has attained the age of 55 years, it
shall not thereafter be increased in accordance with this section until he
attains the age of 60 years.

Charge on Consolidated Fund.

102. There shall be charged upon and paid out of the Consolidated Fund,
without further appropriation than this section, all such sums of money as
become payable under this Part.
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SCHEDULE 1.

Section 9

CLASSES OF PUBLIC OFFICERS WHO MAY BE
ELECTED AS MEMBERS.

1.Holders of any public office under the Crown in right of Her Majesty’s
Government in the United Kingdom.


___________________________



SCHEDULE 2

Section 10(1)

CLASSES OF PUBLIC OFFICERS WHO MAY BE
CANDIDATES FOR ELECTION.

1. Holders of any public office under the Crown in right of its Government
of Gibraltar, being–

(a) Deleted

(b) employment in any of the following grades, namely–

(i) the administrative and executive grades,

(ii) the messengerial grades,

(iii) Deleted

(iv) typist, personal secretary, senior personal secretary,

(v) Deleted

(vi) professional and technology officer grades,

(vii) helper, Medical and Public Health Department
(Physiotherapy and Speech Therapy Centre),

(viii) resident supervisor, John Mackintosh Hall,

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(ix) fire control operator, senior fire control operator,

(x) seaman/mechanic, coxswain, engine driver ‘A’, Port
Department,

(xi) junior medical laboratory scientific officer,

(xii) Deleted

(xiii) technical grade 1,

(xiv) enrolled nurse,

(xv) vehicle escort/welfare assistant, Education Department,

(xvi) Deleted

(xvii) radiography helper,

(xviii) Deleted

(xix) nursing auxiliary,

(xx) nursery assistant, Education Department,

(xxi) postman/postwoman,

(xxii) Deleted

(xxiii) telephonist,

(xxiv) Deleted

(xxv) Deleted

(xxvi) the teaching grades.

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SCHEDULE 3.

Section 10(2)

FORM OF UNDERTAKING.

Parliament Act.

I, (full name), of (residential address), (occupation), being the holder of (or
acting as the holder of)* the following public office, namely (specify public
office), undertake pursuant to section 10 of the Parliament Act, to relinquish
and cease to act in any public office as defined in section 78(1) of the
Constitution (other than any public office referred to or of a class referred to
in section 9 of the Act) if I am elected as an elected member of the
Parliament.

Dated this day of 20 .

Signature:....................................

Witness:......................................

(Head of Department or senior public officer).

* Delete as appropriate.

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