9—(1) A person is disqualified for being a political or independent member of a DPCSP if that person is—N.I.
(a)a police officer;
(b)a member of the police support staff;
(c)a member of the Policing Board; or
(d)an employee of the council.
(2) A person removed from office under paragraph 8(1) is disqualified for membership of a DPCSP until the date of the next local general election following that person's removal.
[F1(2A) A person is disqualified for being an independent member of a DPCSP if that person is a councillor.]
(3) A person is disqualified for being an independent member of a DPCSP if—
(a)that person has been convicted in Northern Ireland or elsewhere of any offence and a sentence of imprisonment or detention has been passed on that person, and
(b)the relevant period has not ended.
(4) The relevant period is the period of 5 years beginning with the person's discharge in respect of the offence.
(5) For the purposes of sub-paragraph (4) the following are to be treated as the discharge of a person (whether or not the release of that person is subject to conditions)—
(a)release on licence;
(b)release in pursuance of a grant of remission.
(6) Sub-paragraph (5) does not apply in relation to the release of a person in respect of an offence if that person is required to return to prison or detention for a further period in respect of the offence.
(7) Subject to sub-paragraph (8), the reference in sub-paragraph (3) to a sentence of imprisonment or detention does not include a suspended sentence.
(8) Sub-paragraph (7) does not apply in relation to a suspended sentence that has been ordered to take effect.
(9) In this paragraph “suspended sentence” means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.
Textual Amendments
F1Sch. 2 para. 9(2A) inserted (1.4.2015) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 4(3), 129 (with s. 124(4)); S.R. 2015/209, art. 2, Sch. 1
Commencement Information
I1Sch. 2 para. 9 in operation at 1.4.2012 by S.R. 2012/142, art. 2(a)