Report On Disqualification Legislation Session 2001/2002 Third Report
Ordered by the Ad hoc Committee to be printed on 14 June 2002
Report: 03/01R (Ad hoc Committee)
The Committee was established, in accordance with Assembly Standing Order 48(7), by resolution of the Assembly on 13 May 2002. The function of the Committee is to consider the criteria for the disqualification of persons listed under Schedule 1 of the Northern Ireland Assembly Disqualification Act 1975, referred by the Secretary of State and to submit a report to the Assembly by 24 June 2002.
The Committee has 10 members, including a Chairperson and Deputy Chairperson and a quorum of 5. The membership of the Committee is as follows:
- Dr Esmond Birnie, Chairperson
- Dr Dara O'Hagan, Deputy Chairperson
- Mr Mervyn Carrick
- Mr Duncan Shipley Dalton
- Mr Billy Hutchinson
- Ms Patricia Lewsley
- Mr Alban Maginness
- Mr Pat McNamee
- Mr Sean Neeson
- Mr Peter Weir
The Report and Proceedings of the Committee are published by the Stationery Office by order of the Committee. All publications of the Committee are posted on the Assembly's website at http://www.ni-assembly.gov.uk/
All correspondence should be addressed to the Clerk of Ad hoc Committee, Room 371 Parliament Buildings, Stormont, Belfast BT4 3XX.
CONTENTS
Introduction
Remit of the Committee
Proceedings of the Committee
Current Disqualification Legislation
Review of Disqualification Legislation
Committee's consideration and recommendations for a revised criteria to be applied to Schedule 1
Appendix 1 - Minutes of Proceedings
Appendix 2 - Letter to the Northern Ireland Office
Appendix 3 - Written Submissions to the Committee
BACKGROUND TO THE REPORT
INTRODUCTION
1. This is a Report made by the Ad hoc Committee to the Assembly, pursuant to the resolution of the Assembly on Monday, 13 May 2002. The Report describes the work of the Committee over the period 28 May to 14 June 2002.
REMIT OF THE COMMITTEE
2. As agreed by the Assembly, the Committee had the following function:
To consider the criteria for the disqualification of persons listed under Schedule 1 of the Northern Ireland Assembly Disqualification Act 1975, referred by the Secretary of State and to submit a report to the Assembly by 24 June 2002.
PROCEEDINGS OF THE COMMITTEE
3. During the period covered by this Report, the Committee held three meetings: 28 May, 10 June and 14 June 2002. The Minutes of Proceedings for these meetings are included at Appendix 1.
Background to Updating the Criteria for the
Disqualification of Persons Listed Under Schedule 1
of The Northern Ireland Assembly Disqualification Act 1975
4. The Northern Ireland (Elections) Act 1998 applied the House of Commons Disqualification Act 1975 to the first elections to the Assembly. The Northern Ireland Act 1998 applies the Northern Ireland Assembly Disqualification Act 1975 (the 1975 Act) to the 2003 and any subsequent Assembly election.
5. The last reprint of the 1975 Act was in July 1982: however, it has been substantially amended but not re-printed since then. Currently, therefore, there is no easily accessible method for determining the offices that are disqualified from membership of the Assembly.
6. Section 3 of the 1975 Act provides that if at any time it is resolved by the Assembly that Schedule 1 be amended (whether by way of additions, removals or alterations) Her Majesty may by Order in Council amend that Schedule. The Secretary of State's consent is required to the Order in Council under section 36(2) of the Northern Ireland Act 1998.
7. Once an Order has been made, section 3(2) of the 1975 Act requires that the Act as amended be reprinted and deposited with the rolls of Parliament. This responsibility falls to the Clerk of the Parliaments.
8. The Committee invited the Northern Ireland Office to attend to give evidence, however, this invitation was declined. The Committee have written formally to the Northern Ireland Office to express their dissatisfaction with this course of action. A copy of this letter is attached at Appendix 2.
CURRENT DISQUALIFICATION LEGISLATION
9. Set out below is the description of the current Disqualification Criteria provided by the Northern Ireland Office -
"Northern Ireland disqualification provisions, along with those of Scotland, broadly follow the long-standing criteria used for the House of Commons. It is the responsibility of the Northern Ireland Office in conjunction with the Assembly to determine future policy while keeping the Cabinet Office and the Scotland and Wales Offices informed of any changes.
The position in respect of the House of Commons provision is that holders of an 'office in profit' in the gift of Ministers or The Crown are disqualified from membership. For example, those who are appointed to a paid post by Ministers or by the Queen on the advice of Ministers are generally disqualified from becoming an elected representative. However, to prevent trivial disqualification, this criterion usually only comes into play where the post in question pays £10,000 + per annum. This is known as the 'de minimis' level and obviously is adjusted from time to time to keep pace with inflation etc.
The chairs and board members of many (but not all) Executive Non Departmental Public Bodies and other large public bodies are disqualified from membership of the legislatures. This is designed to protect the independence of MPs or MLAs (ie if an MP is beholden to the Executive for a significant income, then he or she might be loathe to criticise the Government). Other criteria for disqualification include holders of an office which must be seen to be politically impartial, certain positions on the boards of companies, and holders of an office which, given time commitments or for geographical reasons, means that they could not also properly perform the functions of an MP or MLA."
Review of Disqualification Legislation
10. The Committee agreed to review the existing criteria and to submit the amended criteria to the Secretary of State. The Secretary of State will seek the advice of officials in the Office of the First and Deputy First Minister (OFMDFM) and Northern Ireland Departments in relation to offices which are within the gift of the Northern Ireland Executive. The Secretary of State will then write seeking the Assembly's view on the revised list.
11. The Committee endorses the view that no unnecessary obstacles are placed in the way of persons becoming Members of the Legislative Assembly.
COMMITTEE'S CONSIDERATION AND RECOMMENDATIONS
FOR A REVISED CRITERIA TO BE APPLIED TO SCHEDULE 1
12. The Committee was briefed by the Northern Ireland Assembly Legal Services and Northern Ireland Assembly Research and Library Services and following debate agreed a draft criteria for those organisations and individuals listed in Schedule 1 of the Disqualification Act 1975. The Committee recommended that, following the Plenary debate, the Northern Ireland Office put this criteria out to public consultation and ensure that it receives the necessary equality and human rights proofing.
Referral from the Northern Ireland Office
13. The Committee expressed serious reservations about the quality of the criteria submitted by the Elections Unit of the Northern Ireland Office and about the refusal of Northern Ireland Office officials to attend the Committee to provide evidence. These factors have militated against the Committee and have undermined its capacity to carry out effective scrutiny and consequently provide a comprehensive set of revised criteria.
Recommendation 1:
That the Committee requests that any agreed criteria and revised Schedule 1 list be formally referred to the Assembly, for consideration, in advance of new legislation.
Conflict of Interest
14. Conflict of Interest - The definition of a conflict of interest refers to a situation where someone who has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfil his/her duties fairly. The Committee considered that those people appointed, by Ministers or on the advice of Ministers, to the boards of Non Departmental Public Bodies and other "public" bodies as may be listed in Schedule 1, should be disqualified from becoming MLAs, on the basis of conflict of interest, real or perceived.
Recommendation 2:
That the Northern Ireland Office adopt the principle of 'conflict of interest' when drawing up new criteria for Schedule 1.
De Minimis Rule
15. De Minimis Rule - The current criteria state that Schedule 1 disqualification usually only comes into play where the post in question pays £10,000 or more per annum - adjusted from time to time to keep pace with inflation. It also appeared that there was no consistent application of the Rule. The Committee proposed that the De Minimis Rule be dropped, as the issue is the level of authority exercised, as a Chairperson or board member, in terms of financial control and the strategic influence that may be " politically" inappropriate.
Recommendation 3:
That the new criteria removes the 'De Minimis Rule'.
Judicial Officers
16. A strict application of the constitutional theory of the separation of powers would exclude members of the judiciary from membership of the legislature - because it would be inappropriate for members of the body which makes the laws to also be members of the body that adjudicates on the basis of those laws. The Committee raised the issue of part time posts, within the judiciary, with the Northern Ireland Office who have agreed to consider this at the next stage of the process ie the re-constitution of Schedule 1.
Recommendation 4:
That the Northern Ireland Office should consider whether or not it is appropriate to disqualify part time judges/magistrates and members of Industrial Tribunals in Part I of Schedule 1. (See Appendix 3)
Geographical Location/Time Commitments
17. The original criteria, submitted by the Northern Ireland Office, cited the issue of geographical location and time commitments as being relevant factors in the possible disqualification of a Chairperson and or board member of an NDPB from becoming an MLA. Since it was very unclear what this might mean in practice the Committee proposed that these criteria be excluded.
Recommendation 5:
That the Northern Ireland Office disregard the issue of geographical location and time commitments when drawing up the revised criteria in Schedule 1.
EXCLUSION OF POTENTIAL MLAs
18. The Committee considered the issue of potential MLAs being excluded from taking up their seats by nature of their inclusion in Schedule 1. The Committee considered that a reasonable period of time should be allowed, after an election, for those potential MLAs to resign their current position and subsequently retain the position of MLA, having been elected.
Recommendation 6:
That the Northern Ireland Office agree an appropriate period for potential MLAs to resign their position and subsequently accept their post as MLAs, if elected.
Public Consultation
19. The Committee considered the need for a wider public consultation on the revised criteria.
Recommendation 7:
That the Northern Ireland Office put these criteria, as amended, out to public consultation and ensure that it receives the necessary equality and human rights proofing.
APPENDIX 1
MINUTES OF PROCEEDINGS
AD HOC COMMITTEE
DISQUALIFICATION LEGISLATION
TUESDAY 28 MAY 2002
ROOM 135 PARLIAMENT BUILDINGS
Present: Dr Esmond Birnie MLA Chairperson
Dr Dara O'Hagan MLA Deputy Chairperson
Mr Mervyn Carrick MLA
Mr Billy Hutchinson MLA
Mr Alban Maginness MLA
Mr Pat McNamee MLA
Mr Sean Neeson ML
Mr Peter Weir MLA
Attendees: Mr Tony Logue, Committee Clerk
Ms Hilary Bogle
Ms Pauline Innes
2.32pm the meeting opened in private session-the Clerk in the Chair.
1. Apologies
There were no apologies.
2. Election of Chairperson and Deputy Chairperson
The Clerk called for nominations for the position of Committee Chairperson. Mr Weir proposed that: Dr Birnie be the Chairperson of this Committee. Mr Carrick seconded this and the nomination was accepted.
On there being no further nominations the Clerk put the question without debate.
Resolved, that Dr Birnie, being the only candidate proposed, be Chairperson of this Committee.
2.33pm Mr Hutchinson, Mr Maginness and Dr O'Hagan joined the meeting.
2.34pm Dr Birnie in the Chair.
The Chairperson thanked members for their support and sought nominations for the position of Committee Deputy Chairperson. Mr Neeson proposed that: Dr O'Hagan be the Deputy Chairperson of this Committee. Mr McNamee seconded this and the nomination was accepted.
On there being no further nominations the Chairperson put the question without debate.
Resolved, that Dr O'Hagan, being the only candidate proposed, be Deputy Chairperson of this Committee.
3. Declaration of Interests
The Committee noted amendments to the Declaration of Interests. The Chairperson invited members to forward any further amendments in writing to the Committee Clerk.
4. Procedures of the Committee
The Chairperson referred members to a memorandum from the Committee Clerk on the procedures of the Committee contained in their briefing papers.
Resolved, Witnesses-the Committee agreed to take evidence from relevant bodies as part of its proceedings. It was agreed that a representative from the Elections Office, Northern Ireland Office (NIO), London should be invited to give evidence to the Committee. It was further agreed that an advertisement, inviting comments on the disqualification criteria, should be placed on the Northern Ireland Assembly website and that a Press Release be issued.
2.42pm Mr Neeson left the meeting
Voting-the Committee agreed that in the absence of consensus, simple majority would determine all decisions.
Minutes of Evidence-the Committee agreed that in the event that any members are unable to attend an evidence session, the uncorrected Minutes of Evidence would be copied to those members for their information.
Public meetings-the Committee agreed that it would hold all evidence sessions in public.
Deputies-the Committee agreed not to use deputies.
Action: Clerk
5. Forward work programme
The Committee noted a memorandum from the Committee Clerk setting out a proposed forward work programme.
6. Briefing from the Assembly Legal Advisor and the Assembly Research and Library Service
Members noted the contents of an Information Pack and Background briefing note prepared by Northern Ireland Assembly Research and Library Service. Following a briefing from the Northern Ireland Assembly Research and Library Service, members conducted an initial analysis of the criteria for the disqualification of persons listed under Schedule 1 of the Northern Ireland Assembly Disqualification Act 1975, with assistance from the Assembly Legal Advisor and the Assembly Research & Library Services.
3.02pm Mr Maginness left the meeting
3.03pm Mr Maginness returned to the meeting
3.05pm Dr O'Hagan left the meeting
Following debate it was agreed that the Clerk should write to the NIO seeking clarification on the issues raised. It was also agreed that the Clerk should acquire a copy of the disqualification criteria currently in place in the House of Commons, the Scottish Parliament and the National Assembly for Wales.
Action: Clerk
7. Any other business
No other matters were raised.
8. Date and time of next meeting
The Committee agreed that the Clerk would notify members of the date of the next meeting, following arrangements being made for a representative from the NIO to give evidence to the Committee.
3.23am the Chairperson adjourned the meeting.
Dr Esmond Birnie MLA
Chairperson, Ad Hoc Committee
10 June 2002
AD HOC COMMITTEE
DISQUALIFICATION LEGISLATION
MONDAY 10 JUNE 2002
ROOM 152 PARLIAMENT BUILDINGS
Present: Dr Esmond Birnie MLA Chairperson
Dr Dara O'Hagan MLA Deputy Chairperson
Mr Mervyn Carrick MLA
Mr Billy Hutchinson MLA
Mr Alban Maginness MLA
Mr Pat McNamee MLA
Mr Sean Neeson ML
Mr Peter Weir MLA
Attendees: Mr Tony Logue, Committee Clerk
Ms Hilary Bogle
Ms Pauline Innes
2.34pm the meeting opened in public session
2.35pm Dr O'Hagan joined the meeting.
1. Apologies
There were no apologies.
2. Draft Minutes of Proceedings
Resolved, that the draft Minutes of Proceedings for Tuesday, 28 May 2002 be agreed.
3. Matters arising
The Chairperson informed members that the Northern Ireland Office (NIO), Elections Unit, had declined the Committee's invitation to attend to give evidence to the Committee. Following debate it was agreed that the Chairperson should write to the NIO, expressing the Committee's dissatisfaction at their non-attendance, given their serious reservations with the content and quality of the existing criteria referred to it for consideration. It was also agreed that a Press Statement be issued expressing the Committee's views.
Action: Clerk
3.04pm Mr Maginness joined the meeting.
4. Correspondence
Members noted correspondence from the Northern Ireland Office, Elections Unit, an extract from the Scotland Act 1998 on Disqualification and an extract from the Government of Wales Act 1998 on Disqualification.
5. Draft Criteria on Disqualification Legislation
Members debated the tabled draft criteria on Disqualification Legislation. It was agreed that, following Plenary debate, the Committee recommend that the Northern Ireland Office put this criteria, as amended, out to public consultation and ensure that it receives the necessary equality proofing.
6. Any other business
No other matters were raised.
7. Date and time of next meeting
The Committee agreed that the next meeting would take place on Friday, 14 June 2002 at 10.30am to consider a draft Report of the Committee's proceedings.
3.30pm the Chairperson adjourned the meeting.
Dr Esmond Birnie MLA
Chairperson, Ad Hoc Committee
14 June, 2002
AD HOC COMMITTEE
DISQUALIFICATION LEGISLATION
FRIDAY 14 JUNE 2002
ROOM 144 PARLIAMENT BUILDINGS
Present: Dr Esmond Birnie MLA Chairperson
Dr Dara O'Hagan MLA Deputy Chairperson
Mr Duncan Shipley Dalton MLA
Mr Alban Maginness MLA
Mr Pat McNamee MLA
Mr Peter Weir MLA
Attendees: Mr Tony Logue, Committee Clerk
Ms Hilary Bogle
Ms Pauline Innes
Apologies: Ms Patricia Lewsley MLA
Mr Sean Neeson MLA
Mr Billy Hutchinson MLA
Mr Mervyn Carrick MLA
10.40am the meeting opened in private session
1. Apologies
The apologies were noted.
2. Draft Minutes of Proceedings
Resolved, that the draft Minutes of Proceedings for Monday, 10 June 2002 be agreed.
3. Matters arising
Members noted the contents of a letter which the Chairman had written to the Northern Ireland Office on behalf of the Committee. Members also noted the contents of a Press Release issued by the Chairman on behalf of the Committee. The Chairman appraised members of a telephone conversation he had with the Parliamentary Under Secretary of State, Mr Des Browne of the Northern Ireland Office.
4. Report on the Committee's Proceedings
Members noted a draft Report on the proceedings of the Committee tabled at the meeting. Following debate the Report was agreed as amended.
11.14pm Mr Maginness left the meeting.
6. Any other business
The Chairperson proposed that he have leave of the Committee to approve the draft Minutes of Proceedings of today's meeting.
Resolved,.that the Chairperson shall have leave to approve the Minutes of Proceedings.
7. Date and time of next meeting
The Committee agreed that it would not hold any further meetings.
11.16am the Chairperson adjourned the meeting.
Dr Esmond Birnie MLA
Chairperson, Ad Hoc Committee
14 June, 2002
APPENDIX 2
Ms Linda Rogers
Head of Elections Unit
Northern Ireland Office
Elections Unit
Rights and International Division
11 Millbank
LONDON
DW1P 4PN 11 June 2002
Dear
The Ad Hoc Committee on Disqualification Legislation considered the contents of your letter dated 31 May 2002, at its meeting on Monday 10 June 2002. Following debate, it was agreed that I should write to you expressing the Committee's dissatisfaction that your Unit was unable to send a witness to give evidence to the Committee. The Committee would have welcomed the opportunity to take evidence from the Northern Ireland Office, given their serious reservations with the content and quality of the existing criteria, referred to it for consideration.
As it is my understanding that the current legislation has been in existence for many years, it seems wholly inappropriate to refer it to the Assembly for the development of revised criteria, within a six-week period.
I am copying this letter to the Speaker of the Assembly and the Secretary of State for Northern Ireland for their information.
Yours sincerely
Dr Esmond Birnie MLA
Chairman
APPENDIX 3
Written Submissions to the Committee
Northern Ireland Office
The Scottish Parliament
WRITTEN SUBMISSION BY
THE NORTHERN IRELAND OFFICE
The House of Commons Disqualification Act 1975 was used for the 1998 elections to the Northern Ireland Assembly because Schedule 1 of the NI Assembly Disqualification Act 1975 was generally acknowledged to be too out of date to be of use. However the Northern Ireland Act 1998 requires the Assembly Disqualification Act to be used for the May 2003 and any subsequent Assembly election and so the 1975 legislation must be updated.
I enclose a copy of the current schedule. I should explain that it has not been reprinted by HMSO since 1985. The list I have supplied is therefore one that has been put together by civil servants and legal advisers taking account of changes since that time.
Disqualification Criteria
The Northern Ireland disqualification provisions, along with those of Scotland, broadly follow the long-standing criteria used for the House of Commons. In this, holders of an 'office for profit' in the gift of Ministers or the Crown are disqualified from membership. For example, those who are appointed to a paid post by Ministers or on the advice of Ministers are generally disqualified from becoming an elected representative. This criterion, however, is only used when the particular post pays more than £10k per annum to prevent trivial disqualification. This is known as the 'de minimis' level and is adjusted from time to time to keep pace with inflation etc.
To protect the independence of MPs or MLAs, the chairs and board members of many Executive Non Departmental Public Bodies and other large public bodies are disqualified from membership of the legislatures (ie if an MP/MLA is beholden to the Executive for a significant income then the member may be loathe to criticise the Government). Criteria for disqualification also includes holders of an office which must be seen to be politically impartial, certain positions on the boards of companies, and holders of an office which may mean they could not also properly perform the functions of an MP or MLA.
Your Queries
You raise a number of specific queries in your e-mail. Most of the examples you list do not appear to be specified in the existing disqualification legislation and may be worth examination when amending the disqualifying list. The 'de minimis' level as described above may have a bearing on whether or not the posts are disqualified. In respect of the North/South Implementation Bodies of which you specifically asked it may be worth bearing in mind that members of the civil service are disqualified from becoming members of the legislatures. Other appointees might also need to be disqualified if it was considered that their posts were in the gift of Ministers and involved a salary above the agreed 'de minimis' level. This is something that the Committee will wish to consider.
I am sorry I am unable to provide you with more details at present although I hope to be in a position to provide you with more details once I receive advice from the Cabinet Office. You may be interested to know that Rosemary Banner, head of the Public Bodies Unit in the Cabinet Office is the contact there. Her e-mail address is rosemary.banner@cabinet-office.x.gsi.co.uk. I will send separately by post a copy of Schedule 1 to the House of Commons Act 1975.
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1907 c. 51 1971 c. 58 1935 c. 13 (NI) 1964 c. 21 (NI) 1991 c. 48 1991 c. 48 1985 c. 17 1975 c. 68 1998 c. 45 1972 c. 70 1998 c. 39 1992 c. 8 1968 c. 67 1961 c. 15 (NI) 1965 c. 13 (NI) 1985 c. 17 1919 c. 57 1996 NI 18 1994 c. 13 1985 c. 56 1989 c. 5 1949 c. 54 1971 c. 77 1992 c. 8 1973 NI 1 1986 c. 56 1989 c. 29 1992 NI 1 1991 c. 56 1986 c. 60 1972 NI 14 1984 NI 9 1991 NI 1 1986 c. 60 1972 c. 9 (NI) 1956 c. 48 1991 c. 56 1995 c. 37 1984 c. 12 1986 c. 31 1994 NI 1 1988 c. 35 1991 c. 66 1995 c. 24 1989 c. 29 1992 NI 1 1986 c. 44 1982 NI 15 1962 c. 46 1991 NI 23 1953 c. 18 (NI) 1963 c. 17 (NI) 1924 c. 21 (NI) 1976 NI 12 1958 c. 47 1982 NI 12 1948 c. 47 1998 c. 11 1998 NI 10 1890 c. 21 1959 c. 25 (NI) 1981 c. 54 1998 NI 10 1984 c. 28 1959 c. 22 1978 c. 23 1920 c. 26
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C. 25 Northern Ireland Assembly Disqualification Act 1975 SCHEDULES Sections 1 and 3 SCHEDULE 1 OFFICES DISQUALIFYING FOR MEMBERSHIP PART 1 JUDICIAL OFFICES Judge of the High Court of Justice or Court of Appeal. Judge of the Court of Session. Judge of the High Court of Justice or Court of Appeal in Northern Ireland. Judge of the Courts-Martial Appeal Court. Chairman of the Scottish Land Court. Circuit Judge. Sheriff Principal or Sheriff (other than Honorary Sheriff) appointed under the Sheriff Courts (Scotland) Act 1907, or Temporary Sheriff Principal or Temporary Sheriff appointed under the Sheriff Courts (Scotland) Act 1971. County Court Judge or deputy County Court Judge in Northern Ireland. District Judge (Magistrates' Courts) (but not Deputy District Judge (Magistrates' Courts) (35) (prosp.) Stipendiary Magistrate in Scotland. Resident Magistrate appointed under the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 or the Magistrates' Courts Act (Northern Ireland) 1964. Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). Member of the Immigration Services Tribunal (44) (prosp.) Chief or other Social Security Commissioner (not including a deputy Commissioner) Chief or other Social Security Commissioner for Northern Ireland (not including deputy Commissioner) Umpire or Deputy Umpire appointed under Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 for the purposes of section 9 of that Act. PART II BODIES OF WHICH ALL MEMBERS ARE DISQUALIFIED The Advisory Board for the Research Councils. The Agreement Board. The Aircraft and Shipbuilding Industries Arbitration Tribunal. An Arbitration Tribunal established under Schedule 3 to the Industry Act 1975. The Authorised Conveyancing Practitioners Board. British Aerospace. The British Airways Board. The British Coal Corporation. rep. (prosp.) The British National Oil Corporation. The British Railways Board. rep. (prosp.) (66) British Shipbuilders. The British Transport Docks Board. The British Waterways Board.. The Broadcasting Standards Commission. The Building Societies Commission. rep. (77) The Cable Authority. rep. (prosp.) The Care Council for Wales (53) (prosp.) The Central Police Training and Development Authority (73) (prosp.) The Channel Four Television Corporation. The Civil Aviation Authority The Coal Authority. The Commission for Local Administration in England. The Commission for Local Administration in Wales. The Commission for Racial Equality. The Commission for Racial Equality for Northern Ireland. The Commonwealth Development Corporation. rep. (33) The Competition Commission (4) (prosp.)The Copyright Tribunal. The Council on Tribunals. The Criminal Cases Review Commission. The Crown Agents Holding and Realisation Board. The Crown Estate Commissioners. The Data Protection Tribunal.(31) rep. (61) A development agency established under section 1 of the Regional Development Agencies Act 1998. (5) The Disability Living Allowance Advisory Board. The Disability Living Allowance Advisory Board for Northern Ireland. The Disability Rights Commission (1) The Electoral Commission. (59) Enterprise Ulster. The Environment Agency. The Equal Opportunities Commission. The Equal Opportunities Commission for Northern Ireland.(6) rep. (prosp.) (7) The Equality Commission for Northern Ireland (71) The Fair Employment Commission for Northern Ireland. rep. (prosp.) (7) The Fair Employment Tribunal for Northern Ireland. The Fire Authority for Northern Ireland. Food from Britain. The Food Standards Agency (41) The Football Licensing Authority. The Foreign Compensation Commission. The Friendly Societies Commission. rep. (77) The Gas Consumers' Council. rep. (prosp.) (55) The General Social Care Council (53) (prosp.) The Health and Safety Agency for Northern Ireland. rep. (prosp.) (10) The Health and Safety Executive for Northern Ireland. (9) The Home-Grown Cereals Authority. The Human Fertilisation and Embryology Authority. The Immigration Appeal Tribunal. The Independent Broadcasting Authority. rep. (prosp.) The Independent Commission for Police Complaints for Northern Ireland rep. (prosp.) (11) The Independent Television Commission. The Information Tribunal (62) An Industrial Court. The Industrial Development Board for Northern Ireland. The Industrial Estates Corporations constituted in accordance with the Local Employment Act 1972. rep. in pt. (prosp.) The Industrial Injuries Advisory Council. The Intervention Board for Agricultural Produce and every committee of the Board performing functions of the Board. rep. (76) The Juvenile Justice Board.(8) The Labour Relations Agency. The Laganside Corporation. The Lands Tribunal. The Lands Tribunal for Northern Ireland. The Lands Tribunal for Scotland. The Law Commission. The Legal Services Commission (36) (prosp.) The Livestock and Meat Commission for Northern Ireland. The Local Government Commission for England. The Lord Chancellor's Advisory Committee on Legal Education and Conduct. (37) rep.(prosp.) The Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998. (13) A Medical Appeal Tribunal constituted for the purposes of Part II of the Social Security Administration (Northern Ireland) Act 1992 including any panel constituted for the purposes of any such Tribunal. rep. (prosp.) (15) The Medicines Commission and any committee established under section 4 of the Medicines Act 1968. The Mental Health Review Tribunal for Northern Ireland constituted under the Mental Health Act (Northern Ireland) 1961. The Metrication Board. The Ministry of Defence (Army Department) Teachers Selection Board. The Monopolies and Mergers Commission. A National Broadcasting Council. The National Disability Council. rep. (prosp.) (3) The National Care Standards Commission (53) (prosp.) The National Lottery Commission. (14) (prosp.) The National Research Development Corporation. A New Town Commission established under the New Towns Act Northern Ireland) 1965. The Northern Ireland Disability Council. rep. (prosp.) (2) Northern Ireland Electricity. The Northern Ireland Housing Executive. The Northern Ireland Social Care Council ( 67) The Occupational Pensions Regulatory Authority. The Office of Communications. (78) (prosp.) The Oil and Pipelines Agency. A Panel of Chairmen of Reinstatement Committees constituted under Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 for the purposes of section 8 of that Act. The Panel of Official Arbitrators constituted for the purposes of the Acquisition of Land (Assessment of Compensation) Act 1919. The Parades Commission for Northern Ireland.(12) A Pensions Appeal Tribunal. The Pensions Compensation Board. The Planning Appeals Commission in Northern Ireland. The Police Authority for Northern Ireland. rep.(70) The Police Complaints Authority. The Probation Board for Northern Ireland. The Radio Authority. The Restrictive Practices Court. The Review Board for Government Contracts. A Rural Development Board in Northern Ireland. The Scottish Committee of the Council on Tribunals. The Scottish Environment Protection Agency. The Scottish Land Court. The Scottish Law Commission. The Sea Fish Industry Authority. The Sea Fish Licence Tribunal. The Security Industry Authority. (68) (prosp.) The Service Authority for the National Crime Squad. (74) (prosp.) The Service Authority for the National Criminal Intelligence Service. (74) (prosp.) The Social Security Advisory Committee. The Staff Commission for Wales (Comisiwn Staff Cymru) The Standards Board for England (52) The Strategic Rail Authority (64) The Transport Tribunal. A tribunal established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996. The Tribunal established under section 9 of the Intelligence Services Act 1994. rep. (57) The Tribunal established under the Interception of Communications Act 1985. rep.(57) The Tribunal established under section 91 of the Northern Ireland Act 1998 (16) The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 (56) The Tribunal established under the Security Service Act 1989. rep. (57) The Tribunal established under Part II of the Wireless Telegraphy Act 1949. The United Kingdom Atomic Energy Authority. The University Grants Committee. The Urban Regeneration Agency. A Value Added Tax Tribunal. The Water Appeals Commission for Northern Ireland. PART III OTHER DISQUALIFYING OFFICES Additional Commissioner of the Commission for Racial Equality. Additional Commissioner of the Commission for Racial Equality for Northern Ireland. Additional Commissioner of the Equal Opportunities Commission. Additional Commissioner of the Equal Opportunities Commission for Northern Ireland. rep. (prosp.) (17) Additional Commissioner of the Equality Commission for Northern Ireland (48) Adjudicator appointed for the purposes of the Immigration Act 1971. rep. (prosp.) (46) Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999 (47) Adjudicating medical practitioner or specially qualified adjudicating medical practitioner appointed under or by virtue of Part II of the Social Security Administration (Northern Ireland) Act 1992. (18) rep. (prosp.) [words in Italics] Agent for Northern Ireland in Great Britain. Ambassador representing Her Majesty's Government in the United Kingdom. Any member of the Financial Services Tribunal in receipt of remuneration. rep. (prosp.) (49) Any member, in receipt of remuneration, of a panel of persons who may be selected to act as members of the Financial Services and Markets Tribunal (50) (prosp.) Any member of the Insolvency Practitioners Tribunal in receipt of remuneration. Any member of the Police Information Technology Organisation in receipt of remuneration. Any member of the Residuary Body for Wales (Corff Gweddilliol Cymru) in receipt of remuneration. Arbitrator or other person appointed to hear a dispute under The Drainage (Northern Ireland) Order 1973. Assembly Ombudsman for Northern Ireland. Assistant Electoral Commissioners. (59) Asylum Support Adjudicator (47) Auditor of the Civil List. Boundary Commissioner or Assistant Boundary Commissioner appointed under Schedule 1 to the Parliamentary Constituencies Act 1986. Rep. (prosp.) (60) Certification Officer for Northern Ireland. Chairman or vice-chairman of the Arts Council of Northern Ireland. Chairman of the Advisory Committee on Distinction Awards in Northern Ireland. Chairman of a consumer's committee appointed under section 2 of the Electricity Act 1989. rep. (prosp.) (55) Chairman of the Consumer Committee for Electricity appointed under Article 7 of the Electricity (Northern Ireland) Order 1992. Chairman of a customer service committee maintained under section 28 of the Water Industry Act 1991. Chairman or Director General of the British Council. Chairman of a designated agency within the meaning of the Financial Services Act 1986 if he is in receipt of remuneration. rep. (77) Chairman of the Fisheries Conservancy Board for Northern Ireland. Chairman and deputy chairman of the General Consumer Council for Northern Ireland. Chairman or any member, not being also an employee, of a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972. Chairman of the Local Government Staff Commission for Northern Ireland Paid Chairman of an industrial training board constituted under the Industrial Training (Northern Ireland) Order 1984 or of a committee appointed under that Order. Chairman of the Legal Aid Board. (39) rep.(prosp.) Chairman of the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland or member of that Board appointed at a salary. Chairman of the National Endowment for Science, Technology and the Arts ("NESTA") and, if in receipt of remuneration, any other member of NESTA.(21) Chairman of the National Lottery Charities Board [and, if in receipt of remuneration, any other member of that Board.] (20) Chairman of the Board of Trustees of the National Museums and Galleries of Northern Ireland. (22) Chairman of the New Opportunities Fund and, if in receipt of remuneration, any other member of that Fund.(19) Chairman or non-executive director of a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991. Chairman of the Northern Ireland Central Services Agency for the Health and Social Services. Chairman of the Northern Ireland Council for Nurses and Midwives. Chairman of the Northern Ireland Staffs Council for the Health and Social Services. Chairman of the Northern Ireland Tourist Board. Chairman or director of the Northern Ireland Transport Holding Company, or of any company which is a subsidiary of that Company. Any Chairman of the Plant Varieties and Seeds Tribunal. Chairman of the Staff Commission for Education and Library Boards in Northern Ireland. Chairman of a transferee body within the meaning of Schedule 11 to the Financial Services Act 1986 if he is in receipt of remuneration. rep. (77) Chief Electoral Officer or Deputy Electoral Officer for Northern Ireland. Clerk of the Crown and Peace in Northern Ireland. Clerk or deputy clerk of a district council in Northern Ireland. Clerk or Assistant Clerk of Petty Sessions in Northern Ireland. Children's Commissioner for Wales (54) (prosp.) Commissioner for Local Administration in Scotland. Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the Local Government Act (Northern Ireland) 1972. Commissioner of the City of London Police. Commissioner or Assistant Commissioner of Police of the Metropolis. rep. (43) Commissioner appointed under section 67(1) of the Police (Northern Ireland) Act 2000. (69) Commissioner for Protection Against Unlawful Industrial Action. rep. (40) Commissioner for the Rights of Trade Union Members. rep. (40) Comptroller and Auditor General. Comptroller and Auditor-General for Northern Ireland. Coroner or deputy coroner appointed for any district in Northern Ireland. Correspondent appointed by the Commissioners of Customs and Excise. Crown Solicitor for Northern Ireland. The Data Protection Commissioner. (32) (prosp.) Rep.(63) Deputy Electoral Commissioners. (59) Director of the British Sugar Corporation Limited appointed by the Ministers as defined by section 17 of the Sugar Act 1956. Director of a company for the time being holding an appointment under Chapter I of Part II of the Water Industry Act 1991 or of such a company's holding company, being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown. Director of Cable and Wireless Limited nominated by a Minister of the Crown or government department Director of any of the following- (a) a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000 (a licence company); (b) a company of which a licence company is a subsidiary (within the meaning given by section 736(1) of the Companies Act 1985 or Article 4(1) of the Companies (Northern Ireland) Order 1986); (c) a company which is a subsidiary (within the meaning so given) of a licence company. (65) (prosp.) Director of the Commonwealth Development Corporation nominated or appointed by the Secretary of State (34) Director General of Electricity Supply. rep. (prosp.) (55) Director General of Electricity Supply for Northern Ireland. Director General of Gas for Northern Ireland. Director General of Gas Supply. rep. (prosp.) (55) Director General of the National Lottery. rep. (prosp.)(23) Director General of Telecommunications Director of Harland and Wolff Limited. Director of a publicly owned successor company (within the meaning of the Atomic Energy Authority Act 1995). Director of Short Brothers Limited. Director of the successor company within the meaning of Part V of the Telecommunications Act 1984, being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown. Director of the successor company (within the meaning of the Airports Act 1986) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown. Director of the successor company (within the meaning of Part V of the Airports (Northern Ireland) Order 1994), being a director nominated or appointed by a Northern Ireland department or by a person acting on behalf of a Northern Ireland department. Director of the successor company (within the meaning of the British Steel Act 1988) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown. Director of the successor company (within the meaning of the British Technology Group Act 1991) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown. Director of the successor company (within the meaning of the Crown Agents Act 1995) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown. Director of the successor company (within the meaning of Part II of the Electricity Act 1989), being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown. Director of a successor company (within the meaning of Part III of the Electricity (Northern Ireland) Order 1992), being a director nominated or appointed by a Northern Ireland department or by a person acting on behalf of a Northern Ireland department. Director of the successor company (within the meaning of the Gas Act 1986), being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown. Director appointed at a salary of the National Building Agency. Director, or Deputy Director, of Public Prosecutions for Northern Ireland. Director of S.B. (Realisations) Limited nominated or appointed by a Minister of the Crown or government department. Director or receiver appointed by the Department or Ministry of Finance for Northern Ireland of any company. Director or receiver of any company in receipt of financial assistance under Part III of the Industrial Development (Northern Ireland) Order 1982, being a director or receiver nominated or appointed by a head of a department or department of the Government of Northern Ireland. Director of the Holding Company referred to in the Transport Act 1962. Director General of Fair Trading. Director General of Water Services. Examiner or member of a board of interviewers appointed by the Civil Service Commissioners. Examiner for entrance examination to, or member of a board of interviewers for entrance to, the civil service of Northern Ireland. Full-time chairman of a child support appeal tribunal established under Article 23 of the Child Support (Northern Ireland) Order 1991. rep. (prosp.)(24) Full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland. rep. (prosp.)(24) Governor of the British Broadcasting Corporation. Governor, Deputy Governor or Director of the Bank of England. Governor, Lieutenant Governor and Secretary, or Captain of Invalids of Chelsea Hospital. Governor, Medical Officer or other officer or member of the staff of a prison to which the Prison Act (Northern Ireland) 1953 applies. Health Service Commissioner for England. Health Service Commissioner for Scotland. Health Service Commissioner for Wales. Her Majesty's Chief Inspector of Schools in England. Her Majesty's Chief Inspector of Schools in Wales. High Commissioner representing Her Majesty's Government in the United Kingdom. The Immigration Services Commissioner (45) (prosp.) The Deputy Immigration Services Commissioner (45) (prosp.) Independent Assessor of Military Complaints Procedures in Northern Ireland. (58) Independent person appointed under section 7(3) or section 8(4) of the Caravans Act (Northern Ireland) 1963. Industrial Assurance Commissioner or Deputy Industrial Assurance Commissioner appointed under the Industrial Assurance Act (Northern Ireland) 1924. rep. (77) The Information Commissioner (62) The International Rail Regulator. Judge Advocate of the Fleet. Judge Advocate General, Vice Judge Advocate General or Assistant Judge Advocate General.(72) Lay observer appointed under Article 42 of the Solicitors (Northern Ireland) Order 1976. The Legal Services Complaints Commissioner (38) (prosp.) The Legal Services Ombudsman. Life Sentence Review Commissioner. (75) (prosp.) Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the Agricultural Marketing Act 1958. Member appointed by the Head of the Department of Agriculture of an Agricultural Marketing Board constituted under Part II of the Agricultural Marketing (Northern Ireland) Order 1982 Member appointed by the Minister of Agriculture, Fisheries and Food of the Agricultural Wages Board for England and Wales or of an agricultural wages committee established under the Agricultural Wages Act 1948 or chairman of such a committee. Member appointed by the Secretary of State of the Scottish Agricultural Wages Board. Member appointed by the Head of the Department or Minister of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland. Member of the governing body of the Financial Services Authority (51) (prosp.) Member of the Legal Aid Board. (39) (prosp.) Member of the Monetary Policy Committee of the Bank England appointed under section 13(2)(b) or (c) of the Bank of England Act 1998. (27) Member of the staff of the Children's Commissioner for Wales (54) (prosp) Member of the staff of the Electoral Commission. (59) Member of the staff of the National Audit Office Member of the staff of the Northern Ireland Audit Office. Member of a panel of persons appointed under Article 7 of the Social Security (Northern Ireland) Order 1998. (26) (prosp.) Member of a panel of valuers appointed at an annual salary under section 4 of the Inland Revenue Regulation Act 1890. Northern Ireland Commissioner for Complaints. Northern Ireland Commissioner for the Rights of Trade Union Members.(42) rep.(prosp.) Northern Ireland Commissioner Protection Against Unlawful Industrial Action.(42) rep. (prosp.) Northern Ireland Human Rights Commissioner. (29) Officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District rep.(43) Officer or other member of the County Court Service within the meaning of the County Courts Act (Northern Ireland) 1959. Officer or servant of the Crown Estate Commissioners. Officer of the Supreme Court being the holder of any office listed in any Part of Schedule 2 to the Supreme Court Act 1981 or a district registrar, or assistant district registrar, of the High Court. Parliamentary Commissioner for Administration. The Police Ombudsman for (Northern Ireland) (prosp.) (28) President of appeal tribunals (within the meaning of Chapter 1 of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order. (prosp.) (26) President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland. rep. (prosp.)(25) Receiver for the Metropolitan Police District. rep. (43) Registrar or Assistant Registrar appointed under section 6 or section 7 of the County Courts Act 1984. Registrar or Assistant Registrar appointed under section 18 or section 19 of the County Courts Act 1959. Registrar or Assistant Registrar of Friendly Societies. rep. (77) Registrar of the Privy Council. Registrar of Public Lending Right. Sentence Review Commissioner. (30) Standing Counsel to any department of Her Majesty's Government in the United Kingdom. Statutory officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978. Substitution Officer of the Royal Air Force. Technical Adviser to the Commissioners of Customs and Excise. Traffic Director for London. Under-sheriff appointed under section 1 of the Sheriffs (Ireland) Act 1920. References 1. Inserted, 1999 c. 17 sch. 4 para. 2 (prosp.) 2. Rep., 1998 c. 47 sch. 15 (prosp.) 3. Rep., 1999 c. 17 sch. 5 (prosp.) 4. Inserted, 1998 c. 41 sch. 7 para. 29 (prosp.) 5. Inserted, 1998 c. 45 sch. 7 para. 5 6. Inserted, 1998 c. 47 sch. 8 para. 10 (prosp.) 7. Rep., 1998 c. 47 sch. 15 (prosp.) 8. Inserted, 1998 NI 9 sch. 5 para. 7 (prosp.) 9. Inserted, 1998 NI 18 sch. 1 para. 7 (prosp.) 10. Rep., 1998 NI 18 sch. 2 (prosp.) 11. Rep., 1998 c. 32 sch. 6 (prosp.) 12. Inserted, 1998 c. 2 sch. 3 para. 2 13. Inserted, 1998 c. 39 sch. 1 para. 5 14. Inserted, 1998 c. 22 sch. 1 Pt. III para. 10 (prosp.) 15. Rep., 1998 NI 10 sch. 6 para. 3, sch. 7 (prosp.) 16. Inserted, 1998 c. 47 sch. 11 para. 11 (prosp.) 17. Rep., 1998 c. 47 sch. 15 (prosp.) 18. Rep., 1998 NI 10 sch. 6 para. 3, sch. 7 (prosp.) 19. Inserted, c. 22 s. 8(4) 20. Words in brackets subst., 1998 c. 22 s. 14(12) 21. Inserted, 1998 c. 22 sch. 4 para. 10 22. Inserted, 1998 NI 2 sch. 1 para. 10 23. Rep. 1998 c. 22 sch. 1 Pt. III para. 11, sch. 5 Pt. I (prosp.) 24. Rep., 1998 NI 10 sch. 6 para. 3, sch. 7 (prosp.) 25. Rep., 1998 NI 10 sch. 6 para. 3, sch. 7 (prosp.) 26. Inserted, 1998 NI 10 sch. 6 para. 3 (prosp.) 27. Inserted, 1998 c. 11 sch. 3 para. 15 28. Inserted, 1998 c. 32 sch. 4 para. 9 (prosp.) 29. Inserted, 1998 c. 47 sch. 7 para. 10 (prosp.) 30. Inserted, 1998 c. 35 sch. 1 para. 8 31. Continued, 1998 c. 29 sch. 15 para. 6 (prosp.) 32. Subst., 1998 c. 29 sch. 15 para. 6 (prosp.) 33. Rep., 1999 c. 20 s. 23(1), sch. 4 34. Inserted., 1999 c. 20 s. 23(2) 35. Subst., 1999 c. 22 sch. 11 para. 25 (prosp.) 36. Inserted, 1999 c. 22 sch. 4 para. 12 (prosp.) 37. Rep., 1999 c. 22 sch. 15 Pt. II (prosp.) 38. Inserted, 1999 c. 22 sch. 8 para. 8 (prosp.) 39. Rep., 1999 c. 22 sch. 15 Pt. I (prosp.) 40. Rep., 1999 c. 26 sch. 9 41. Inserted, 1999 c. 28 sch. 1 para. 7 (prosp.) 42. Rep., 1999 NI 9 sch. 9(6) (prosp.) 43. Rep., 1999 c. 29 sch. 27 para. 40, sch. 34 Pt. VII 44. Inserted, 1999 c. 33 sch. 7 para. 13 (prosp.) 45. Inserted, 1999 c. 33 sch. 5 para. 24 (prosp.) 46. Rep., 1999 c. 33 sch. 14 para. 72, sch. 16 (prosp.) 47. Inserted, 1999 c. 33 sch. 14 para. 72 (prosp.) 48. Inserted, 2000 NI 2 art. 18(3) 49. Rep., 2000 c. 8 sch. 20 para. 2, sch. 22 (prosp.) 50. Inserted, 2000 c. 8 sch. 20 para. 2 (prosp.) 51. Inserted, 2000 c. 8 sch. 1 para. 21 (prosp.) 52. Inserted, 2000 c. 22 sch. 4 para. 18 53. Inserted, 2000 c. 14 sch. 1 para. 26 (prosp.) 54. Inserted, 2000 c. 14 sch. 2 para. 16 (prosp.) 55. Rep., 2000 c. 27 sch. 8 (prosp.) 56. Inserted, 2000 c. 23 sch. 3 para. 6 57. Rep., 2000 c. 23 sch. 5 58. Inserted, 2000 c. 11 sch. 11 para. 5 (prosp.) [previously inserted by 1996 c. 22 sch. 4 para. 5 59. Inserted, 2000 c. 41 sch.21 para. 3 60. Rep., 2000 c.41 sch.22 (prosp.) 61. Rep., 2000 c. 36 sch. 2 para. 9, sch 8 Pt. III (30.11.05) 62. Inserted, 2000 c. 36 sch. 2 para. 9 63. Rep., 2000 c. 36 sch. 2 para. 9 , sch 8 Pt. III 64. Inserted, 2000 c. 38 sch. 14 para. 29 65. Inserted, 2000 c. 38 sch. 8 para. 2 (prosp.) 66. Rep., 2000 c. 38 sch. 31 Pt. IV (prosp.) 67. Inserted, 2001 c. 3(NI) sch. 1 para. 16 68. Inserted, 2001 c. 12 sch. 1 para. 22 (prosp.) 69. Inserted, 2000 c.32 sch. 6 para. 4 70. Rep., 2000 c.32 sch. 8 71. Inserted, 1998 c. 47 sch. 8 para. 10 72. Am., 2001 c. 19 sch. 6 Pt. 2 para. 8 73. Inserted, 2001 c. 16 sch. 4 para. 5 (prosp.) 74. Inserted, 2001 c. 16 sch. 6 Pt. 3 para. 61 (prosp.) 75. Inserted, 2001 NI 2 sch. 1 para. 8 (prosp.) 76. Rep., SI 2001/3686 77. Rep., SI 2001/3649 78. Inserted, 2002 c. 11 sch. Para. 21 (prosp.)
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House of Commons Disqualification Act 1975 c.24
S C H E D U L E S
Schedule 1 Sections 1, 4, 5.
OFFICES DISQUALIFYING FOR MEMBERSHIP
PART I
JUDICIAL OFFICES
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Judge of the High Court of Justice or Court of Appeal. Judge of the Court of Session. Judge of the High Court of Justice or Court of Appeal in Northern Ireland. Judge of the Courts-Martial Appeal Court. Chairman of the Scottish Land Court. Circuit Judge. Sheriff Principal or Sheriff (other than Honorary Sheriff) appointed under the Sheriff Courts (Scotland) Act 1907, or Temporary Sheriff Principal or Temporary Sheriff appointed under the Sheriff Courts (Scotland) Act 1971. County Court Judge or Temporary County Court Judge in Northern Ireland within the meaning of the Government of Ireland Act 1920, or the deputy of such a Judge. Stipendiary Magistrate within the meaning of the Justices of the Peace Act 1949. Stipendiary Magistrate in Scotland. Resident Magistrate appointed under the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 or the Magistrates' Courts Act (Northern Ireland) 1964. Chief or other National Insurance Commissioner. Chief or other National Insurance Commissioner for Northern Ireland. Umpire or Deputy Umpire appointed for the purposes of section 43 of the National Service Act 1948.
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1949 c. 101. 1935 c. 13 (N.I.). 1948 c. 64. |
PART II
BODIES OF WHICH ALL MEMBERS ARE DISQUALIFIED
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The Advisory Board for the Research Councils The Agrément Board; The Appellate Tribunal constituted under the provisions of the National Service Act 1948 relating to conscientious objectors. An Area Electricity Board in England and Wales. The Attendance Allowance Board. The British Airports Authority. The British Airways Board. The British Film Fund Agency. The British Gas Corporation. The British Railways Board. The British Steel Corporation. The British Transport Docks Board. The British Waterways Board. The Central Council for Agricultural and Horticultural Co-operation. The Central Electricity Generating Board. The Channel Tunnel Planning Council. The Civil Aviation Authority. The Civil Service Arbitration Tribunal. A Colonial Currency Board. The Commission for Local Administration in England. The Commission for Local Administration in Wales. The Commission for the New Towns. The Commonwealth Development Corporation. The Community Relations Commission. The Council on Tribunals. The Covent Garden Market Authority. The Crofters Commission. The Crown Agents for Oversea Governments and Administrations. The Crown Estate Commissioners. The Development Commission established under the Development and Road Improvement Funds Act 1909. A Development Corporation within the meaning of the New Towns Act 1965 or the New Towns (Scotland) Act 1968. |
1909 c. 47. 1965 c. 59 |
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A Development Council established under the Industrial Organisation and Development Act 1947. The Eggs Authority. The Electricity Council. The Foreign Compensation Commission. The Forestry Commission. The Freight Integration Council. The Gaming Board for Great Britain. The General Practice Finance Corporation. The Health and Safety Commission. The Health and Safety Executive. The Herring Industry Board. The Highlands and Islands Development Board. The Home-Grown Cereals Authority. The Housing Corporation. The Immigration Appeal Tribunal. An Independent Schools Tribunal constituted under Schedule 6 to the Education Act 1944 or Schedule 7 to the Education (Scotland) Act 1962. The Independent Broadcasting Authority. The Industrial Arbitration Board. An Industrial Court established in Northern Ireland. The Industrial Estates Corporations constituted in accordance with the Local Employment Act 1972. The Industrial Injuries Advisory Council The Intervention Board for Agricultural Produce and every committee of the Board performing functions of the Board. A Joint Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1972. The Lands Tribunal. The Lands Tribunal for Northern Ireland. The Lands Tribunal for Scotland. The Law Commission. The Local Government Boundary Commission for England. The Local Government Boundary Commission for Scotland. The Local Government Boundary Commission for Wales. The Location of Offices Bureau. The Manpower Services Commission. The Maplin Development Authority. The meat and Livestock Commission. |
1947 c. 40. 1944 c. 31. 1972 c.5
1972 c. 52 |
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A Medical Appeal Tribunal constituted for the purposes of Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975, including any panel constituted for the purposes of any such Tribunal. A Medical Board or Pneumoconiosis Medical Board constituted for the purposes of Part III of the Social Security Act 1975 of Part III of the Social Security (Northern Ireland) Act 1975, including any panel constituted for the purposes of any such Board. A Medical Practices Committee constituted under section 34 of the National Health Service Act 1946 or section 35 of the National Health Service (Scotland) Act 1947. The Medicines Commission and any committee established under section 4 of the Medicines Act 1968. A Mental Health Review Tribunal constituted under the Mental Health Act 1959. The Mental Welfare Commission for Scotland. The Metrication Board. The Ministry of Defence (Army Department) Teachers Selection Board. The Monopolies and Mergers Commission. A National Broadcasting Council. The National Bus Company. The National Coal Board. The National Dock Labour Board. The National Film Finance Corporation. The National Freight Corporation. The National Health Service Staff Commission. The National Insurance Advisory Committee. The National Ports Council. The National Radiological Protection Board. The National Research Development Corporation. The North of Scotland Hydro-Electric Board. The Northern Ireland Electricity Service. The Occupational Pensions Board. A Panel of Chairmen of Re-instatement Committees constituted under section 41 of the National Service Act 1948. The Panel of Official Arbitrators constituted for the purposes of the Acquisition of Land (Assessment of Compensation) Act 1919. The Parole Board constituted under section 59 of the Criminal Justice Act 1967. A Pensions Appeal Tribunal. The Performing Right Tribunal.
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1975 c. 14.
1946 c. 81. 1968 c. 67.
1948 c. 64. 1919 c. 57. 1967 c. 80. |
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A Planning Inquiry Commission constituted under Part III of the Town and Country Planning Act 1971. A Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1972. The Post Office. The Price Commission. The Property Commission for Scotland established under section 224 of the Local Government (Scotland) Act 1973. The Race Relations Board and any conciliation committee constituted by the Board under section 14 of the Race Relations Act 1968. The Red Deer Commission. The Reserve Pension Board. The Restrictive Practices Court. The Review Board for Government Contracts. A Rural Development Board. The Scottish Committee of the Council on Tribunals. The Scottish Land Court. The Scottish Law Commission. The Scottish Transport Group. The South of Scotland Electricity Board. The Staff Commission established under section 85(5) of the London Government Act 1963. The Staff Commission for England established under section 257 of the Local Government Act 1972. The Staff Commission for Scotland established under section 218 of the Local Government (Scotland) Act 1973. The Staff Commission for Wales established under section 258 of the Local Government Act 1972. The Sugar Board. The Supplementary Benefits Commission. The Traffic Commissioners for any area (including the commissioner for the Metropolitan Traffic Area). The Transport Tribunal. The Tribunal established under Part II of the Wireless Telegraphy 1949 Act 1949. The United Kingdom Atomic Energy Authority. The University Grants Committee. A Value Added Tax Tribunal. The Water Resources Board. The Welsh National Health Service Staff Commission. 2 of that Act. |
1971 c. 78 1972 c. 52 1973 c. 65. 1968 c. 71. 1963 c. 33 1972 c. 70. 1973 c. 65.
1949 c. 54 |
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The White Fish Authority constituted in accordance with section 1 of the Sea Fish Industry Act 1970, and the committee constituted in accordance with section |
1970 c. 11. |
PART III
OTHER DISQUALIFYING OFFICES
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Accountant of Court appointed under section 25 of the Administration of Justice (Scotland) Act 1933. Adjudicator appointed for the purposes of the Immigration Act 1971. Agent for Northern Ireland in Great Britain. Ambassador representing Her Majesty's Government in the United Kingdom. Assessor of Public Undertakings (Scotland). Assistant Commissioner appointed under Part IV of the Local Government Act 1972. Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973. Attorney General of the Duchy of Lancaster. Auditor of the Civil List. Auditor of the Court of Session. Boundary Commissioner or Assistant Boundary Commissioner appointed under Part I or Part II of Schedule 1 to the House of Commons (Redistribution of Seats) Act 1949. Chairman or Deputy Chairman of an Administrative Board constituted for the purposes of any scheme made, or having effect as if made, under section 2 or 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975. Chairman or Vice-Chairman of the Advisory Committee on Distinction Awards. Chairman of the Advisory Committee on Distinction Awards in Northern Ireland. Paid Chairman of an Area Transport Users Consultative Committee established under section 56 of the Transport Act 1962. Chairman or member of a panel of deputy-chairmen of an Agricultural Land Tribunal. Chairman of an Appeal Tribunal constituted under Schedule 3 to the Ministry of Social Security Act 1966 or Schedule 3 to the Supplementary Benefits &c. Act (Northern Ireland) 1966. Chairman or Director-General of the British Council. Paid Chairman of the Central Transport Consultative Committee for Great Britain established under section 56 of the Transport Act 1962. Chairman of the Cinematograph Films Council.
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Chairman or Deputy
1949 c. 66. 1975 c. 16.
1962 c. 46.
1966 c. 20. |
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Chairman of the Countryside Commission for Scotland and any other member of the Commission in receipt of remuneration. Chairman or Vice-Chairman of the Dental Estimates Board or member of that Board appointed at an annual salary. Paid Chairman of an Economic Development Committee. Paid Chairman of a Health Board constituted under the National Health Service (Scotland) Act 1972. Chairman of a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972. Paid Chairman of an Industrial Training Board constituted under the Industrial Training Act 1964 or of a committee appointed under that Act or paid Deputy Chairman of such a board. Chairman, Vice-Chairman or member of the executive committee of the Land Settlement Association Limited appointed at a salary. Chairman of the Local Government Staff Commission for Northern Ireland. Chairman of a Local Tribunal constituted under section 94(2) of, and Schedule 10 to, the Social Security Act 1975 or under section 94(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. Chairman or Deputy Chairman of a Local Tribunal constituted under the provisions of the National Service Act 1948 relating to conscientious objectors. Chairman or Reserve Chairman of a Military Service (Hardship) Committee constituted under Schedule 3 to the National Service Act 1948. Chairman of the Mining Qualifications Board. Paid Chairman of a National Economic Development Council Working Party. Chairman in receipt of remuneration of the National Gas Consumers' Council or any Regional Gas Consumers' Council. Chairman or Vice-Chairman of the National Seed Development Organisation Limited. Chairman, or other member appointed by a Minister, of the National Water Council. Chairman of the Northern Ireland Central Services Agency for the Health and Social Services. Chairman of the Northern Ireland Council for Nurses and Midwives. Chairman of the Northern Ireland Staffs Council for the Health and Social Services. Any Chairman of the Plant Varieties and Seeds Tribunal. Chairman of the Post Office Users' National Council Chairman of a Regional Economic Planning Council Chairman in receipt of remuneration of any Regional Health Authority, Area Health Authority or Area Health Authority (Teaching) or of any special health authority. |
1970 c. 11
1972 c. 58.
1975 c. 14. 1948 c. 64.
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Chairman of a Regional Water Authority. Chairman of the Scottish Dental Estimates Board or member of that Board appointed at an annual salary. Chairman, Deputy Chairman or member of the Council of Management of the Scottish Special Housing Association, appointed at a salary. Chairman of the Staff Commission for Education and Library Boards in Northern Ireland. Chairman of the tribunal constituted under section 463 of the Income and Corporation Taxes Act 1970. Chairman of the Welsh National Water Development Authority. Chief Electoral Officer or Deputy Electoral Officer for Northern Ireland. Clerk of the Crown and Peace in Northern Ireland. Clerk of the Peace in Scotland. Clerk or Assistant Clerk of Petty Sessions in Northern Ireland. Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973. Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the Local Government Act (Northern Ireland) 1972. The Commissioner appointed by Her Majesty's Government in the United Kingdom under Article 3 of the Agreement confirmed by the Nauru Island Agreement Act 1920. Commissioner or Assistant Commissioner of Police of the Metropolis. Commissioner of the City of London Police. Comptroller and Auditor General. Comptroller and Auditor-General for Northern Ireland. Constable, Lieutenant or Major of the Tower of London. Correspondent appointed by the Commissioners of Customs and Excise. Counsel to the Secretary of State under the Private Legislation Procedure (Scotland) Act 1936. Crown Solicitor for Northern Ireland. Delegate for Her Majesty's Government in the United Kingdom to the Central Rhine Commission. Director of the Agricultural Mortgage Corporation Limited nominated by a Minister of the Crown or government department. Director of the British petroleum Company Limited nominated by a Minister of the Crown or government department. Director of the British Sugar Corporation Limited appointed by the Ministers as defined by section 17 of the Sugar Act 1956. Director of Cable and Wireless Limited. Director of the Cereals Committee Limited appointed by a Minister of the Crown or government department. |
1970 c. 10. 1973 c. 65. 1972 c. 9 1920 c. 27. 1936 c. 52.
1956 c. 48. |
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Director of the Commonwealth Institute. Director of the Compagnie Financiére de Suez et de L'Union Parisienne appointed by a Minister of the Crown or government department. Director of any company in receipt of financial assistance under the Distribution of Industry Act 1945, the Distribution of Industry (Industrial Finance) Act 1958, the Shipbuilding Industry Act 1967, the Local Employment Act 1972 or Part II of the Industry Act 1972, being a director nominated by a Minister of the Crown or government department. Director nominated by the Secretary of State of any company in respect of which an undertaking to make advances has been given by the Secretary of State under section 2 of the Highlands and Islands Shipping Services Act 1960, and is for the time being in force. Director of the Holding Company referred to in the Transport Act 1962. Director appointed at a salary of Industrial Advisers to the Blind Limited. Director of International Computers (Holdings) Limited nominated or appointed by a Minister of the Crown or government department. Director appointed at a salary of the National Building Agency. Director appointed at a salary of the National Institute for House-craft (Employment and Training) Limited. Director of the Peterhead Bay (Management) Company Limited. Director, or Deputy Director, of Public Prosecutions for Northern Ireland. Director appointed at a salary of Remploy Limited. Director of S.B. (Realisations) Limited nominated or appointed by a Minister of the Crown or government department. Director of the Scottish Agricultural Securities Corporation Limited nominated by a Minister of the Crown or government department. Director General of Fair Trading. Distributor of Stamps appointed by the Commissioners of Inland Revenue for the Stock Exchange at Manchester or Glasgow. Examiner or member of a board of interviewers appointed by the Civil Service Commissioners. Examiner for entrance examination to, or member of a board of interviewers for entrance to, the civil service of Northern Ireland. General Manager or Secretary of the Scottish Special Housing Association. Governor of the British Broadcasting Corporation. Governor, Deputy Governor or Director of the Bank of England. Governor, lieutenant Governor and Secretary, or Captain of Invalids of Chelsea Hospital. Governor, Medical Officer or other officer or member of the staff of a prison to which the Prison Act (Northern Ireland) 1953 applies. Health Service Commissioner for England. Health Service Commissioner for Scotland. |
1945 c. 36.
1953 c. 18 (N.I.).
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Health Service Commissioner for Wales. High Commissioner representing Her Majesty's Government in the United Kingdom. Industrial Assurance Commissioner or Deputy Industrial Assurance Commissioner appointed under the Industrial Assurance Act (Northern Ireland) 1924. Judge Advocate of the Fleet Judge Advocate General, Vice Judge Advocate General, Assistant Judge Advocate General or Deputy Judge Advocate. Lay observer appointed under section 45 of the Solicitors Act 1974. Local government officers, the following- Clerk or deputy clerk of a district council in Northern Ireland; Lyon Clerk. Lyon King of Arms. Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the Agricultural Marketing Act 1958. Member of an Agricultural Marketing Board appointed under section 2 of the Agricultural Marketing Act (Northern Ireland) 1933 or section 3 of the Agricultural Marketing Act (Northern Ireland) 1964.
Member appointed by the Secretary of State of the Scottish Agricultural Wages Board. Member appointed by the Head of the Department or Minister of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland. Any member of the British Library Board in receipt of remuneration. Any member in receipt of remuneration of the British Tourist Authority, the English Tourist Board, the Scottish Tourist Board or the Wales Tourist Board. Any member of the Countryside Commission in receipt of remuneration. Member appointed by the Secretary of State of the Horserace Betting Levy Board. Member of the Council of the National Computing Centre appointed at a salary by a Minister of the Crown or government department. Any member of the Nature Conservancy Council in receipt of remuneration. Member of a panel of valuers appointed at an annual salary under section 4 of the Inland Revenue Regulation Act 1890. |
1924 c. 21 (N.I.)
1974 c. 47.
1958 c. 47. 1933 c. 22 (N.I.). 1948 c. 47.
1890 c. 21. |
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Member of the Permanent Joint Hops Committee appointed by a Minister of the Crown or government department. Member of a Wages Council or Central Co-ordinating Committee appointed under paragraph 1 (a) of Schedule 2 to the Wages Councils Act 1959, Chairman of a Committee appointed under paragraph 1 (1) (a) of Schedule 3 to that Act or member of a Commission of Inquiry appointed under paragraph 1 (a) of Schedule 4 to that Act. Member of a Wages Council or Central Co-ordinating Committee appointed under paragraph 1 (a) of Schedule 1 to the Wages Councils Act (Northern Ireland) 1945 or Member of a Commission of Inquiry appointed under paragraph 1(a) of Schedule 2 to that Act. Northern Ireland Commissioner for Complaints. Northern Ireland Parliamentary Commissioner for Administration. Officer of the Board of Referees appointed for the purposes of section 26 of the Capital Allowances Act 1968. Officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District. Officer or servant of the Crown Estate Commissioners. Officer or other member of the County Court Service within the meaning of the County Courts Act (Northern Ireland) 1959. Officer, clerk or servant appointed or employed under section 20 of the Greenwich Hospital Act 1865. Officer of the Supreme Court within the meaning of sections 115 to 120 of the Supreme Court of Judicature (Consolidation) Act 1925. Officer of or attached to the Supreme Court of Northern Ireland to whom section 76 of the Supreme Court of Judicature Act (Ireland) 1877 applies. Parliamentary Commissioner for Administration. President, or member of a panel of chairmen, of industrial tribunals established under section 12 of the Industrial Training Act 1964. Principal Clerk of Justiciary appointed under section 25 of the Administration of Justice (Scotland) Act 1933. Procurator fiscal or procurator fiscal depute appointed under the Sheriff Courts and Legal Officers (Scotland) Act 1927. Public Works Loan Commissioner. Receiver for the Metropolitan Police District. Registrar or Assistant Registrar appointed under section 18 or section 19 of the County Courts Act 1959. Registrar or Assistant Registrar of Friendly Societies. Registrar of the Privy Council. Registration Officer appointed under Part III of the Local Government Act 1972. Sheriff clerk or sheriff clerk depute. |
1959 c. 69. 1945 c. 21 (N.I.). 1968 c. 3.
1959 c. 25 (N.I.) 1865 c. 89. 1925 c. 49. 1877 c. 57. 1964 c. 16. 1933 c. 41. 1927 c. 35. 1959 c. 22. 1972 c. 70. |
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Solicitor in Scotland to any department of Her Majesty's Government in the United Kingdom. Standing Counsel to any department of Her Majesty's Government in the United Kingdom. Substitution officer of the Royal Air Force. Technical Adviser to the Commissioners of Customs and Excise. Under-Sheriff appointed under section 1 of the Sheriffs (Ireland) Act 1920. |
1920 c. 26. |
PART IV
OFFICES DISQUALIFYING FOR PARTICULAR CONSTITUENCIES
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Office |
Constituency |
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Her Majesty's Commissioner of Lieutenancy in the City of London. Her Majesty's Lieutenant for Greater London.
Governor of the Isle of Wight. The High Sheriff of Greater London. High Sheriff of a county in England and Wales. |
The Cities of London and Westminster. Any constituency comprising any part of Greater London. Any constituency comprising the whole or part of the area for which he is appointed. The Isle of Wight. Any constituency comprising any part of Greater London. Any constituency comprising the whole or part of the area for which he is appointed. |
WRITTEN SUBMISSION BY
THE SCOTTISH PARLIAMENT
I attach a copy of the relevant sections from the Scotland Act 1998 on disqualification.
I understand that in relation to the commission of a criminal offence, a prison sentence of twelve months or more served within Great Britain would disqualify a MSP from continuing to serve in the Scottish Parliament.
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Scotland Act 1998 c. 46 |
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PART I |
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(c) so far as may be necessary in consequence of any provision made by this Act or an order under subsection (1), modify any provision made by any enactment relating to the registration of parliamentary electors or local government electors. (5) The return of a member of the Parliament at an election may be questioned only under Part III of the Representation of the People Act 1983 as applied by an order under subsection (1). (6) For the purposes of this Act, the regional returning officer for any region is the person designated as such in accordance with an order made by the Secretary of State under this subsection.
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Duration of membership |
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13. The term of office of a member of the Parliament begins on the day on which the member is declared to be returned and ends with the dissolution of the Parliament. 14. A member of the Parliament may at any time resign his seat by giving notice in writing to the Presiding Officer. |
Term of office of members. Resignation of members.
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Disqualification |
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15.-(1) A person is disqualified from being a member of the Parliament (subject to section 16) if- (a) he is disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures), (b) he is disqualified otherwise than under that Act (either generally or in relation to a particular parliamentary constituency) from being a member of the House of Commons or from sitting and voting in it. (c) he is a Lord of Appeal in Ordinary, or (d) he is an office-holder of a description specified in an Order in Council made by Her Majesty under this subsection. (2) An office-holder of a description specified in an Order of Council made by Her Majesty under this subsection is disqualified from being a member of the Parliament for any constituency or region of a description specified in the Order in relation to the office-holder. (3) In this section "office-holder" includes employee or other post-holder. 16.-(1) A person is not disqualified from being a member of the Parliament merely because- (a) he is a peer (whether of the United Kingdom, Great Britain, England or Scotland), or (b) he has been ordained or is a minister of any religious denomination. (2) A citizen of the European Union who is resident in the United Kingdom is not disqualified from being a member of the Parliament merely because of section 3 of the Act of Settlement (disqualification of persons born outside the United Kingdom other than Commonwealth citizens and citizens of the Republic of Ireland). (3) Subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the Parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 15(1)(b). (4) The Parliament may resolve to disregard any disqualification incurred by that person on the ground in question if it considers that- (a) the ground has been removed, and (b) it is proper to disregard any disqualification so incurred. (5) A resolution under this section shall not- (a) affect any proceedings under Part III of the Representation of the People Act 1983 as applied by an order under section 12, or (b) enable the Parliament to disregard any disqualification which has been established in such proceedings or in proceedings under section 18. 17.-(1) If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant. (2) If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant). (3) Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 16. (4) Subsection (2) also has effect subject to section 141 of the Mental Health Act 1983 (mental illness) and section 427 of the Insolvency Act 1986 (sequestration etc); and where, in consequence of either of those sections, the seat of a disqualified member of the Parliament is not vacant he shall not cease to be a member of the Parliament until his seat becomes vacant but- (a) he shall not participate in any proceedings of the Parliament, and (b) any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament. (5) The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit. 18.-(1) Any person who claims that a person purporting to be a member of the Parliament is disqualified or has been disqualified at any time since being returned may apply to the Court of Session for a declaration to that effect. (2) An application in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted when the person was returned or to have arisen subsequently. (3) No declaration shall be made- (a) on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the disqualification on those grounds of the persons concerned is or was in issue, or (b) on any ground, if a resolution under section 16 requires that any disqualification incurred on that ground by the person concerned is to be disregarded. (4) The person in respect of whom an application is made shall be the defender. (5) The applicant shall give such caution for the expenses of the proceedings as the Court of Session may direct; but any such caution shall not exceed £5,000 or such other sum as the Scottish Ministers may be by order specify. (6) The decision of the court on an application under this section shall be final. (7) In this section "disqualified" means disqualified from being a member of the Parliament or from being a member for the constituency or region for which the person concerned purports to sit.
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Disqualification from membership of the Parliament.
Exceptions and relief from disqualification.
1983 c. 2.
Effect of disqualification.
1983 c. 20.
Judicial proceedings as to disqualification.
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Presiding Officer and administration |
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19.-(1) The Parliament shall, at its first meeting following a general election, elect from among its members a Presiding Officer and two deputies. (2) A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless he previously resigns, ceases to be a member of the Parliament otherwise than by virtue of a dissolution or is removed from office by resolution of the Parliament. (3) If the Presiding Officer or a deputy ceases to hold office before the Parliament is dissolved, the Parliament shall elect another from among its members to fill his place. (4) The Presiding Officer's functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act. (5) The Presiding Officer may (subject to standing orders) authorise any deputy to exercise functions on his behalf. (6) Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Parliament. (7) The validity of any act of the Presiding Officer or a deputy is not affected by any defect in his election. |
Presiding Officer |
