Tory headquarters says its powers are clear and issued this statement on the legal position.

Rule 9 of Schedule 6 of the party's constitution states that "a constituency association shall only adopt as its candidate for a United Kingdom parliamentary election a candidate whose name appears on the United Kingdom parliamentary list".

In other words, associations are not free to select whoever they choose - they can only select someone from the United Kingdom parliamentary list.

In March 2004, the board, which the constitution says is "the supreme decision-making body in matters of party organisation and management", decided that only MPs in receipt of the Conservative whip are included on the United Kingdom parliamentary list.

The Conservative whip has been withdrawn from Howard Flight. He is therefore no longer on the United Kingdom parliamentary list. He therefore cannot be adopted as a Conservative candidate in Arundel and South Downs or any other constituency.

An individual can only stand as a Conservative candidate if he or she is authorised to do so by the party's nominated officer. This is not a party rule, it is law under the Political Parties Elections and Referendums Act 2000.