Representation of the People Act 1981
The Representation of the People Act 1981 is an Act of the Parliament of the United Kingdom. It creates the provision for the automatic disqualification of an MP if they're imprisoned for over a year, leading to a by-election being held in their constituency.
The Act is not to be confused with the Recall of MPs Act 2015, which allows constituents to sign a constituency-wide petition for the recall of an MP if they're imprisoned for a year or less. If 10% of constituents sign it, the MP is recalled and a by-election is held.
The text of the Act states that it provides:Background
The Act was passed following the election to the Westminster Parliament of a hunger-striker, Bobby Sands, in the April 1981 Fermanagh and South Tyrone by-election, while he was serving a long term of imprisonment.
As a result of the Act, following the death of Bobby Sands, other prisoners on hunger strike were unable to stand in the second 1981 by-election in Fermanagh and South Tyrone.
