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Local Government Act (Northern Ireland) 1972

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4Disqualifications.N.I.

(1)Subject to section 5, a person shall be disqualified for being elected or being a councillor if—

(a)he holds any paid office or other place of profit (not being that of chairman or sheriff) in the gift or disposal of that or any other council; or

[F1(b)is the subject of a bankruptcy restrictions order or interim order;]

[F2(c)he is disqualified for being elected or being a councillor under section 81 or 82;]

[F3(cc)he has been found guilty of one or more offences by any court in Northern Ireland or elsewhere in the British Islands and sentenced or ordered to be imprisoned or detained indefinitely or for three months or more without the option of a fine and either of the periods mentioned in subsection (3) is current; or]

(d)he has within the five years immediately preceding the day of his election or at any time subsequent to that dayF3. . . been guilty of any conduct which the High Court has by order declared was reprehensible within the meaning of section 31; or

[F3(dd)within the five years immediately preceding the day of his election or at any time subsequent to that day, a determination has been made by the High Court that he has acted in breach of the terms of a delaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989; or]

(e)he is disqualified for being elected or being a councillor either under section 6(2) or under any other statutory provision (including a provision relating to corrupt or illegal practices).

Subs.(2) rep. by 1985 NI 15

[F3(3)The periods referred to in subsection (1)(cc) are—

(a)the period of his actual imprisonment or detention (including any time when he is unlawfully at large), and

(b)the period of five years beginning with his discharge.

(4)For the purposes of subsections (1)(cc) and (3)—

(a)consecutive terms of imprisonment or detention imposed in respect of offences of which the offender was found guilty in the same proceedings are to be treated as a single term,

(b)the release of an offender on licence or in pursuance of a grant of remission is to be treated as his discharge, whether or not his release is subject to conditions, but if, in respect of the same offence or offences, he is required to return to prison or detention for a further period the reference in subsection (3) to his discharge includes a reference to his discharge in respect of that further period, and

(c)the reference in subsection (1)(cc) to a sentence or order does not, except in a case where the sentence or order does take effect for any term, include one that is ordered not to take effect unless the conditions specified in the order are fulfilled and, in such a case, the original sentence or order is to be treated as a sentence or order of imprisonment or detention for that term.]

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