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House of Commons Disqualification Act 1975

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This is the original version (as it was originally enacted).

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House of Commons Disqualification Act 1975

1975 CHAPTER 24

An Act to consolidate certain enactments relating to disqualification for membership of the House of Commons.

[8th May 1975]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1Disqualification of holders of certain offices and places

(1)Subject to the provisions of this Act, a person is disqualified for membership of the House of Commons who for the time being—

(a)holds any of the judicial offices specified in Part I of Schedule 1 to this Act;

(b)is employed in the civil service of the Crown, whether in an established capacity or not, and whether for the whole or part of his time ;

(c)is a member of any of the regular armed forces of the Crown or the Ulster Defence Regiment;

(d)is a member of any police force maintained by a police authority;

(e)is a member of the legislature of any country or territory outside the Commonwealth ; or

(f)holds any office described in Part II or Part III of Schedule 1.

(2)A person who for the time being holds any office described in Part IV of Schedule 1 is disqualified for membership of the House of Commons for any constituency specified in relation to that office in the second column of Part IV.

(3)In this section—

  • " civil service of the Crown " includes the civil service of Northern Ireland, the Northern Ireland Court Service, Her Majesty's Diplomatic Service and Her Majesty's Overseas Civil Service;

  • " police authority " means any police authority within the meaning of the [1964 c. 84.] Police Act 1964 or the [1967 c. 77.] Police (Scotland) Act 1967, or the Police Authority for Northern Ireland ; and " member " in relation to a police force means a person employed as a full-time constable ;

  • " regular armed forces of the Crown " means the Royal Navy, the regular forces as defined by section 225 of the [1955 c. 18.] Army Act 1955, the regular air force as defined by section 223 of the [1955 c. 19.] Air Force Act 1955, Queen Alexandra's Royal Naval Nursing Service and the Women's Royal Naval Service.

(4)Except as provided by this Act, a person shall not be disqualified for membership of the House of Commons by reason of his holding an office or place of profit under the Crown or any other office or place ; and a person shall not be disqualified for appointment to or for holding any office or place by reason of his being a member of that House.

2Ministerial offices

(1)Not more than ninety-five persons being the holders of offices specified in Schedule 2 to this Act (in this section referred to as Ministerial offices) shall be entitled to sit and vote in the House of Commons at any one time.

(2)If at any time the number of members of the House of Commons who are holders of Ministerial offices exceeds the number entitled to sit and vote in that House under subsection (1) above, none except any who were both members of that House and holders of Ministerial offices before the excess occurred shall sit or vote therein until the number has been reduced, by death, resignation or otherwise, to the number entitled to sit and vote as aforesaid.

(3)A person holding a Ministerial office is not disqualified by this Act by reason of any office held by him ex officio' as the holder of that Ministerial office.

3Reserve and auxiliary forces, etc.

(1)Notwithstanding section 1(1)(c) above—

(a)a person who is an officer on the retired or emergency list of any of the regular armed forces of the Crown, or who holds an emergency commission in any of those forces, or belongs to any reserve of officers of any of those forces, is not disqualified as a member of those forces; and

(b)a naval, army, marine or air force pensioner who is recalled for service for which he is liable as such is not disqualified as a member of the regular armed forces of the Crown.

(2)A person is not disqualified under section 1(1)(c) above by reason of his being an Admiral of the Fleet, a Field Marshal or a Marshal of the Royal Air Force, if he does not for the time being hold an appointment in the naval, military or air force service of the Crown.

(3)A person is not disqualified under section 1(1)(b) above by reason of his being a member of the Royal Observer Corps unless he is employed as such for the whole of his time.

4Stewardship of Chiltern Hundreds, etc.

For the purposes of the provisions of this Act relating to the vacation of the seat of a member of the House of Commons who becomes disqualified by this Act for membership of that House, the office of steward or bailiff of Her Majesty's three Chiltern Hundreds of Stoke, Desborough and Burnham, or of the Manor of Northstead, shall be treated as included among the offices described in Part III of Schedule 1 to this Act.

5Power to amend Schedule 1

(1)If at any time it is resolved by the House of Commons that Schedule 1 to this Act be amended, whether by the addition or omission of any office or the removal of any office from one Part of the Schedule to another, or by altering the description of any office specified therein, Her Majesty may by Order in Council amend that Schedule accordingly.

(2)A copy of this Act as from time to time amended by Order in Council under this section or by or under any other enactment shall be prepared and certified by the Clerk of the Parliaments and deposited with the rolls of Parliament; and all copies of this Act thereafter to be printed by Her Majesty's printer shall be printed in accordance with the copy so certified.

6Effects of disqualification and provision for relief

(1)Subject to any order made by the House of Commons under this section.—

(a)if any person disqualified by this Act for membership of that House, or for membership for a particular constituency, is elected as a member of that House, or as a member for that constituency, as the case may be, his election shall be void ; and

(b)if any person being a member of that House becomes disqualified by this Act for membership, or for membership for the constituency for which he is sitting, his seat shall be vacated.

(2)If, in a case falling or alleged to fall within subsection (1) above, it appears to the House of Commons that the grounds of disqualification or alleged disqualification under this Act which subsisted or arose at the material time have been removed, and that it is otherwise proper so to do, that House may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section.

(3)No order under subsection (2) above shall affect the proceedings on any election petition or any determination of an election court, and this subsection shall have effect subject to the provisions of section 144(7) of the [1983 c. 2.] Representation of the People Act 1983 (making of an order by the House of Commons when informed of a certificate and any report of an election court).

(4)In any case where, by virtue of the [1975 c. 66.] Recess Elections Act 1975, the Speaker of the House of Commons would be required to issue during a recess of that House a warrant for a new writ for election of a member, in the room of a member becoming disqualified by this Act, he may, if it appears to him that an opportunity should be given to that House to consider the making of an order under subsection (2) above, defer the issue of his warrant pending the determination of that House.

7Jurisdiction of Privy Council as to disqualification

(1)Any person who claims that a person purporting to be a member of the House of Commons is disqualified by this Act, or has been so disqualified at any time since his election, may apply to Her Majesty in Council, in accordance with such rules as Her Majesty in Council may prescribe, for a declaration to that effect.

(2)Section 3 of the [1833 c. 41.] Judicial Committee Act 1833 (reference to the Judicial Committee of the Privy Council of appeals to Her Majesty in Council) shall apply to any application under this section as it applies to an appeal to Her Majesty in Council from a court.

(3)Upon any such application the person in respect of whom the application is made shall be the respondent; and the applicant shall give such security for the costs of the proceedings, not exceeding £200, as the Judicial Committee may direct.

(4)For the purpose of determining any issue of fact arising on an application under this section the Judicial Committee may direct the issue to be tried—

(a)if the constituency for which the respondent purports to be a member is in England or Wales, in the High Court;

(b)if that constituency is in Scotland, in the Court of Session;

(c)if that constituency is in Northern Ireland, in the High Court in Northern Ireland ;

and the decision of that Court shall be final.

(5)A declaration under this section may be made in respect of any person whether the grounds of the alleged disqualification subsisted at the time of his election or arose subsequently; but no such declaration shall be made—

(a)in the case of disqualification incurred by any person on grounds which subsisted at the time of his election, if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue;

(b)in the case of disqualification incurred by any person on any grounds, if an order has been made by the House of Commons under section 6(2) above directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.

8Relaxation of obligation to accept office

(1)No person being a member of the House of Commons, or for the time being nominated as a candidate for election to that House, shall be required to accept any office or place by virtue of which he would be disqualified by this Act for membership of that House, or for membership of that House for the constituency for which he is sitting or is a candidate.

(2)This section does not affect any obligation to serve in the armed forces of the Crown, whether imposed by an enactment or otherwise.

9Interpretation

In this Act—

  • " Minister of State " means a member of Her Majesty's Government in the United Kingdom who neither has charge of any public department nor holds any other of the offices specified in Schedule 2 to this Act or any office in respect of which a salary is payable out of money provided by Parliament under section 3(1)(b) of the [1975 c. 27.] Ministerial and other Salaries Act 1975 ;

  • " Parliamentary Secretary " includes a person holding Ministerial office (however called) as assistant to a Member of Her Majesty's Government in the United Kingdom, but not having departmental responsibilities.

10Saving as to disqualification of priests in holy orders etc.

Nothing in this Act shall be construed as affecting the enactments relating to the disqualification for membership of the House of Commons of priests in holy orders or ministers of any religious denomination.

11Short title and extent

(1)This Act may be cited as the House of Commons Disqualification Act 1975.

(2)This Act extends to Northern Ireland.

SCHEDULES

Section 1, 4, 5.

SCHEDULE 1Offices disqualifying for membership

PART IJudicial 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 [1907 c. 51.] Sheriff Courts (Scotland) Act 1907, or Temporary Sheriff Principal or Temporary Sheriff appointed under the [1971 c. 58.] Sheriff Courts (Scotland) Act 1971.

  • County Court Judge or deputy County Court Judge in Northern Ireland.

  • Stipendiary Magistrate within the meaning of the [1979 c. 55.] Justices of the Peace Act 1979.

  • Stipendiary Magistrate in Scotland.

  • Resident Magistrate or Deputy Resident Magistrate appointed under the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964.

  • Chief or other Social Security Commissioner (excluding a person appointed in pursuance of section 13(5) of the [1980 c. 30.] Social Security Act 1980).

  • Chief or other Social Security Commissioner for Northern Ireland (excluding a person appointed in pursuance of section 13(5) of the Social Security Act 1980).

  • Umpire or Deputy Umpire appointed for the purposes of section 43 of the [1948 c. 64.] National Service Act 1948.

PART IIBodies of which all members are disqualified

  • The Advisory Board for the Research Councils.

  • The Aircraft and Shipbuilding Industries Arbitration Tribunal.

  • An Arbitration Tribunal established under Schedule 3 to the [1975 c. 68.] Industry Act 1975.

  • An Area Electricity Board in England and Wales.

  • The Attendance Allowance Board.

  • The Attendance Allowance Board for Northern Ireland.

  • The British Airports Authority.

  • The British Airways Board.

  • The British Board of Agrément.

  • The British Film Fund Agency.

  • The British Gas Corporation.

  • The British National Oil Corporation.

  • The British Railways Board.

  • British Shipbuilders.

  • The British Steel Corporation.

  • British Telecommunications.

  • The British Waterways Board.

  • The Broadcasting Complaints Commission.

  • The Central Arbitration Committee.

  • The Central Electricity Generating Board.

  • The Civil Aviation Authority.

  • The Civil Service Arbitration Tribunal.

  • The Commission for Local Administration in England.

  • The Commission for Local Administration in Wales.

  • The Commission for Local Authority Accounts in Scotland.

  • The Commission for the New Towns.

  • The Commission for Racial Equality.

  • The Commonwealth Development Corporation.

  • The Co-operative Development Agency.

  • The Council of the Advisory, Conciliation and Arbitration Service.

  • The Council on Tribunals.

  • The Covent Garden Market Authority.

  • The Criminal Injuries Compensation Board.

  • The Crofters Commission.

  • The Crown Agents for Oversea Governments and Administrations.

  • The Crown Estate Commissioners.

  • The Development Board for Rural Wales.

  • The Development Commission established under the [1909 c. 47.] Development and Road Improvement Funds Act 1909.

  • A Development Corporation within the meaning of the [1981 c. 64.] New Towns Act 1981 or the [1968 c. 16.] New Towns (Scotland) Act 1968.

  • A Development Council established under the [1947 c. 40.] Industrial Organisation and Development Act 1947.

  • The Eggs Authority.

  • The Electricity Council.

  • The Employment Appeal Tribunal.

  • The English Industrial Estates Corporation.

  • The Equal Opportunities Commission.

  • The Equal Opportunities Commission for Northern Ireland.

  • The Fair Employment Agency for Northern Ireland.

  • The Fair Employment Appeals Board.

  • Food from Britain.

  • The Foreign Compensation Commission.

  • The Forestry Commission.

  • The Gaming Board for Great Britain.

  • The General Practice Finance Corporation.

  • The Health and Safety Agency for Northern Ireland.

  • The Health and Safety Commission.

  • The Health and Safety Executive.

  • The Highlands and Islands Development Board.

  • The Home-Grown Cereals Authority.

  • The Housing Corporation.

  • The Immigration Appeal Tribunal.

  • The Independent Broadcasting Authority.

  • An Industrial Court established in Northern Ireland.

  • The Industrial Development Board for Northern Ireland.

  • 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 [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

  • The Labour Relations Agency.

  • The Land Authority for Wales.

  • The Lands Tribunal.

  • The Lands Tribunal for Northern Ireland.

  • The Lands Tribunal for Scotland.

  • The Law Commission.

  • The Livestock Marketing Commission for Northern Ireland.

  • The Local Government Boundary Commission for England.

  • The Local Government Boundary Commission for Scotland.

  • The Local Government Boundary Commission for Wales.

  • The Manpower Services Commission.

  • The Meat and Livestock Commission.

  • A Medical Appeal Tribunal constituted for the purposes of Part III of the [1975 c. 14.] Social Security Act 1975 or Part III of the [1975 c. 15.] 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 or 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 7 of the [1977 c. 49.] National Health Service Act 1977 or section 3 of the [1978 c. 29.] National Heath Service (Scotland) Act 1978.

  • The Medicines Commission and any committee established under section 4 of the [1968 c. 67.] Medicines Act 1968.

  • A Mental Health Review Tribunal constituted under the [1959 c. 72.] Mental Health Act 1959.

  • The Mental Health Review Tribunal for Northern Ireland.

  • The Mental Welfare Commission for Scotland.

  • The Monopolies and Mergers Commission.

  • A National Broadcasting Council.

  • The National Bus Company.

  • The National Coal Board.

  • The National Consumer Council.

  • The National Dock Labour Board.

  • The National Enterprise Board.

  • The National Film Finance Corporation.

  • The National Radiological Protection Board.

  • The National Research Development Corporation.

  • The New Towns Staff Commission.

  • The North of Scotland Hydro-Electric Board.

  • The Northern Ireland Economic Council.

  • The Northern Ireland Electricity Service.

  • The Northern Ireland Fishery Harbour Authority.

  • The Northern Ireland Housing Executive.

  • The Northern Ireland Tourist Board.

  • The Occupational Pensions Board.

  • The Parole Board constituted under section 59 of the [1967 c. 80.] Criminal Justice Act 1967.

  • The Parole Board for Scotland constituted under section 59 of the Criminal Justice Act 1967.

  • A Pensions Appeal Tribunal.

  • The Performing Right Tribunal.

  • The Pilotage Commission.

  • The Planning Appeals Commission established under Article 88 of the [S.I. 1972/1634 (N.I. 17).] Planning (Northern Ireland) Order 1972.

  • A Planning Inquiry Commission constituted under Part III of the [1971 c. 78.] Town and Country Planning Act 1971.

  • A Planning Inquiry Commission constituted under Part III of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

  • The Police Complaints Board.

  • The Police Complaints Board for Northern Ireland.

  • The Post Office.

  • The Red Deer Commission.

  • The Restrictive Practices Court.

  • The Review Board for Government Contracts.

  • A Rural Development Board.

  • The Scottish Committee of the Council on Tribunals.

  • The Scottish Development Agency.

  • The Scottish Land Court.

  • The Scottish Law Commission.

  • The Scottish Transport Group.

  • The Sea Fish Industry Authority.

  • The Social Security Advisory Committee.

  • The South of Scotland Electricity Board.

  • The Staff Commission established under section 7 of the [1979 c. xxiii.] Greater London Council (General Powers) Act 1979.

  • The Traffic Commissioners for any area (including the commissioner for the Metropolitan Traffic Area).

  • The Transport Tribunal.

  • The Tribunal established under the [1958 c. 45.] Prevention of Fraud (Investments) Act 1958.

  • The Tribunal established under Part II of the [1949 c. 54.] Wireless Telegraphy Act 1949.

  • The United Kingdom Atomic Energy Authority.

  • The University Grants Committee.

  • A Value Added Tax Tribunal.

  • The Water Appeals Commission for Northern Ireland.

  • The Welsh Development Agency.

  • The Welsh Fourth Channel Authority.

PART IIIOther disqualifying offices

  • Additional Commissioner of the Commission for Racial Equality.

  • Additional Commissioner of the Equal Opportunities Commission.

  • Adjudicator appointed for the purposes of the [1971 c. 77.] Immigration Act 1971.

  • Ambassador or Permanent Representative to an international organisation representing Her Majesty's Government in the United Kingdom.

  • Assessor of Public Undertakings (Scotland).

  • Assistant Commissioner appointed under Part IV of the [1972 c. 70.] Local Government Act 1972.

  • Assistant Commissioner appointed under Part II of the [1973 c. 65.] 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 [1949 c. 66.] House of Commons (Redistribution of Seats) Act 1949.

  • Certification officer or assistant certification officer appointed under section 7 of the [1975 c. 71.] Employment Protection Act 1975.

  • Chairman or Vice-Chairman of the Advisory Committee on Distinction Awards.

  • Chairman or member of a panel of deputy-chairmen of an Agricultural Land Tribunal.

  • Chairman of an Appeal Tribunal constituted in accordance with Schedule 4 to the [1976 c. 71.] Supplementary Benefits Act 1976 or Schedule 4 to the [S.I. 1977/2156 (N.I. 27).] Supplementary Benefits (Northern Ireland) Order 1977, or Senior Chairman in relation to such a tribunal.

  • Paid Chairman of an Area Transport Users Consultative Committee established under section 56 of the [1962 c. 46.] Transport Act 1962.

  • Chairman or Director-General of the British Council.

  • Chairman of the British Overseas Trade Board.

  • Paid Chairman of the Central Transport Consultative Committee for Great Britain established under section 56 of the Transport Act 1962.

  • Chairman or Deputy Chairman of the Civil Service Appeal Board.

  • Chairman of any of the Consultative Councils established under section 7 of the [1947 c. 54.] Electricity Act 1947 for the areas of Area Boards in England and Wales.

  • Chairman of either of the Consultative Councils continued in existence by section 17(1) of the [1979 c. 11.] Electricity (Scotland) Act 1979 for the districts of the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.

  • Chairman of the Countryside Commission for Scotland and any other member of the Commission in receipt of remuneration.

  • Chairman of the Dental Committee of the Northern Ireland Central Services Agency for the Health and Social Services.

  • Chairman or Vice-Chairman of the Dental Estimates Board or member of that Board appointed at an annual salary.

  • Chairman of the Distinction and Meritorious Service Committee for Northern Ireland.

  • Chairman of the Domestic Coal Consumer Council.

  • Chairman of the Electricity Consumer Council.

  • Chairman of Enterprise Ulster.

  • Paid Chairman of a Health Board constituted under the [1972 c. 58.] National Health Service (Scotland) Act 1972.

  • Chairman of a Health and Social Services Board established under Article 16 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972.

  • Paid Chairman of an Industrial Training Board constituted under the [1964 c. 16.] Industrial Training Act 1964 or the [1982 c. 10.] Industrial Training Act 1982 or of a committee appointed under either of those Acts 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 97(2) of, and Schedule 10 to, the [1975 c. 14.] Social Security Act 1975 or under section 97(2) of, and Schedule 10 to, the [1975 c. 15.] Social Security (Northern Ireland) Act 1975.

  • Chairman of the Management Committee of the Common Services Agency for the Scottish Health Service.

  • Chairman of the Manpower Services Committee for Scotland.

  • Chairman of the Manpower Services Committee for Wales.

  • Chairman of a committee constituted under section 90 of the [1960 c. 61.] Mental Health (Scotland) Act 1960.

  • Chairman of any of the National Boards constituted under the [1979 c. 36.] Nurses, Midwives and Health Visitors Act 1979, if appointed by the Secretary of State under section 5(8)(a) of that Act.

  • 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 Civil Service Appeal Board.

  • Chairman of the Northern Ireland Council for Nurses and Mid-wives.

  • 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 Police Authority for Northern Ireland.

  • Chairman of the Post Office Users' National Council.

  • Chairman of the Prescription Pricing Agency.

  • Chairman of the Probation Board for Northern Ireland.

  • Chairman in receipt of remuneration of any Regional Health Authority, Area Health Authority, District Health Authority or special health authority (within the meaning of the [1977 c. 49.] National Health Service Act 1977).

  • Chairman of a Regional Water Authority.

  • Chairman of the Scottish Dental Estimates Board or a 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 or Vice-Chairman of the Scottish Sports Council.

  • Chairman or Vice-Chairman of the Sports Council.

  • Chairman or Vice-Chairman of the Sports Council for Northern Ireland.

  • Chairman or Vice-Chairman of the Sports Council for Wales.

  • Chairman of the Staff Commission for Education and Library Boards in Northern Ireland.

  • Chairman of the Standing Advisory Commission on Human Rights constituted under section 20 of the [1973 c. 36.] Northern Ireland Constitution Act 1973.

  • Chairman of the tribunal constituted under section 463 of the [1970 c. 10.] Income and Corporation Taxes Act 1970.

  • Chairman of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, if appointed by the Secretary of State under section 1(6)(a) of the [1979 c. 36.] Nurses, Midwives and Health Visitors Act 1979.

  • Chairman of the Welsh National Water Development Authority.

  • Chairman of the Wine Standards Board of the Company of the master, wardens and commonalty of Vintners of the City of London.

  • Chairman of the Women's Royal Voluntary Service.

  • Chief Electoral Officer for Northern Ireland or any whole time officer appointed under section 14A(1) of the [1962 c. 14 (N.I.).] Electoral Law Act (Northern Ireland) 1962.

  • Chief Executive of the National Enterprise Board.

  • Chief Scientist of the Scottish Home and Health Department.

  • Clerk or deputy clerk of a district council in Northern Ireland.

  • The Commissioner for Local Administration in Scotland.

  • Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the [1972 c. 9 (N.I.).] 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 [1920 c. 27.] 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,

  • Counsel to the Secretary of State under the [1936 c. 52.] 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 p.l.c. nominated by a Minister of the Crown or government department.

  • Director of the British Aerospace Public Limited Company appointed subject to the approval of a Minister or government department.

  • Director of British Nuclear Fuels Limited.

  • Director of the British Petroleum p.l.c. nominated by a Minister of the Crown or government department.

  • Director of Cable and Wireless Public Limited Company nominated by a Minister of the Crown or government department.

  • Director of the Cereals Committee Limited appointed by a Minister of the Crown or government department.

  • Director of the Commonwealth Institute.

  • Director of any company in receipt of financial assistance under the [1945 c. 36.] Distribution of Industry Act 1945, the [1958 c. 41.] Distribution of Industry (Industrial Finance) Act 1958, the [1967 c. 40.] Shipbuilding Industry Act 1967, the [1972 c. 5.] Local Employment Act 1972, Part II of the [1972 c. 63.] Industry Act 1972 or Part III or section 13 of the [1982 c. 52.] Industrial Development Act 1982, 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 [1960 c. 31.] Highlands and Islands Shipping Services Act 1960 and is for the time being in force.

  • Director of Harland and Wolff Limited.

  • Director of ICL Public Limited Company nominated or appointed by a Minister of the Crown or government department Director of International Military Services Limited.

  • Director of the Northern Ireland Transport Holding Company.

  • Director, or Deputy Director, of Public Prosecutions for Northern Ireland.

  • Director appointed at a salary of Remploy Limited.

  • Director of S.B. (Realisations) p.l.c. nominated or appointed by a Minister of the Crown or government department.

  • Director of the Scottish Agricultural Securities Corporation p.l.c. nominated by a Minister of the Crown or government department.

  • Director of Short Brothers Limited.

  • Director General of Fair Trading.

  • Director General of the National Economic Development Office.

  • Distributor of Stamps appointed by the Commissioners of Inland Revenue for the Stock Exchange at Glasgow.

  • General Manager or Secretary of the Scottish Special Housing Association.

  • The Governor or Administrator of a dependent territory within the meaning of section 50(1) of the [1981 c. 61.] British Nationality Act 1981.

  • 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 [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953 applies.

  • Health Service Commissioner for England.

  • Health Service Commissioner for Scotland.

  • 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 [S.I. 1979/1574 (N.I. 13).] Industrial Assurance (Northern Ireland) Order 1979.

  • 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 [1974 c. 47.] Solicitors Act 1974.

  • Lay observer appointed under Article 42 of the [S.I. 1976/582 (N.I. 12).] Solicitors (Northern Ireland) Order 1976.

  • Lay observer appointed under section 49 of the [1980 c. 46.] Solicitors (Scotland) Act 1980.

  • Levy Exemption Referee for the purposes of the [1982 c. 10.] Industrial Training Act 1982.

  • Liquidator appointed under section 2 of the [1981 c. 28.] Licensing (Alcohol Education and Research) Act 1981.

  • Lyon Clerk.

  • Lyon King of Arms.

  • Medical Officer for Complaints appointed for Wales by the Secretary of State.

  • Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the [1958 c. 47.] Agricultural Marketing Act 1958.

  • Member of an Agricultural Marketing Board appointed under section 3 of the [1964 c. 13 (N.I.).] Agricultural Marketing Act (Northern Ireland) 1964.

  • Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales or of an agricultural wages committee established under the [1948 c. 47.] 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 of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland.

  • Any member of the Audit Commission for Local Authorities in England and Wales in receipt of remuneration.

  • 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 Local Enterprise Development Unit.

  • Any member of the Mental Health Act Commission in receipt of remuneration.

  • Any member of the Nature Conservancy Council in receipt of remuneration.

  • Member of a panel of persons who may be appointed to consider representations in accordance with section 3(4)(b) of the [1973 c. 35.] Employment Agencies Act 1973.

  • Member of a panel of persons appointed under Schedule 10 to the [1977 c. 42.] Rent Act 1977 to act as chairmen and other members of rent assessment committees.

  • Member of the panel of persons appointed under Schedule 5 to the [1971 c. 28.] Rent (Scotland) Act 1971 to act as chairmen and other members of rent assessment committees.

  • Member of a panel of persons who may be appointed to serve on a Vaccine Damage Tribunal.

  • Member of the Board of the Royal Ordnance Factories.

  • Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980).

  • Member of a Wages Council or Central Co-ordinating Committee appointed under paragraph 1(1)(a) of Schedule 2 to the [1979 c. 12.] Wages Councils Act 1979 or chairman of a committee appointed under paragraph 1(1)(a) of Schedule 3 to that Act.

  • Member of a Wages Council or Central Co-ordinating Committee appointed under paragraph 1(a) of Schedule 2 to the [S.I. 1982/1840 (N.I. 23).] Wages Councils (Northern Ireland) Order 1982.

  • Northern Ireland Commissioner for Complaints.

  • Northern Ireland Parliamentary Commissioner for Administration.

  • 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, clerk or servant appointed or employed under section 20 of the [1865 c. 89.] Greenwich Hospital Act 1865.

  • Officer of the Supreme Court being the holder of any office listed in any Part of Schedule 2 to the [1981 c. 54.] Supreme Court Act 1981 or a district registrar, or assistant district registrar, of the High Court.

  • Parliamentary Commissioner for Administration.

  • Person appointed to hear and decide appeals under the [1938 c. 22.] Trade Marks Act 1938.

  • President, or member of a panel of chairmen, of industrial tribunals established under section 12 of the [1964 c. 16.] Industrial Training Act 1964.

  • President, or member of a panel of chairmen, of industrial tribunals established under section 13 of the [1964 c. 18 (N.I.).] Industrial Training Act (Northern Ireland) 1964.

  • Public Works Loan Commissioner.

  • Receiver for the Metropolitan Police District.

  • Registrar or Assistant Registrar appointed under section 18 or section 19 of the [1959 c. 22.] County Courts Act 1959.

  • Registrar or Assistant Registrar of Friendly Societies.

  • Registrar of the Privy Council.

  • Registrar of Public Lending Right.

  • Registration Officer appointed under section 8(2) of the [1983 c. 2.] Representation of the People Act 1983.

  • Registration Officer appointed under section 6(3) of the [1949 c. 68.] Representation of the People Act 1949.

  • Rent officer or deputy rent officer appointed in pursuance of a scheme under section 63 of the [1977 c. 42.] Rent Act 1977.

  • Rent officer or deputy rent officer nominated under Schedule 5 to the [S.I. 1978/1050 (N.I. 20).] Rent (Northern Ireland) Order 1978.

  • Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him.

  • 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.

  • Statutory officer appointed under section 70 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978.

PART IVOffices disqualifying for particular constituencies

OfficeConstituency
Her Majesty's Commissioner of Lieutenancy in the City of London.The Cities of London and Westminster.
Her Majesty's Lord-Lieutenant or Lieutenant for Greater London.Any constituency comprising any part of Greater London.
Her Majesty's Lord-Lieutenant or Lieutenant for a county in England or Wales.Any constituency comprising the whole or part of the area for which he is appointed.
Her Majesty's Lord-Lieutenant or Lieutenant for a region in Scotland.Any constituency comprising the whole or part of such part of the region as may be determined by Order in Council made by Her Majesty in which the Lord-Lieutenant holds office or in which the Lord-Lieutenant or Lieutenant discharges his functions.
Her Majesty's Lord-Lieutenant or Lieutenant for an islands area in Scotland.Any constituency comprising the whole or part of the islands area for which the Lord-Lieutenant or Lieutenant is appointed or for which the Lord-Lieutenant holds office.
Her Majesty's Lord-Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh, or Glasgow.Any constituency comprising the whole or part of the district in which the Lord-Lieutenant holds office or for which the Lieutenant is appointed.
Her Majesty's Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland.Any constituency comprising the whole or part of the area for which he is appointed.
Governor of the Isle of Wight.The Isle of Wight.
The High Sheriff of Greater London.Any constituency comprising any part of Greater London.
High Sheriff of a county in England and Wales.Any constituency comprising the whole or part of the area for which he is appointed.

Section 2.

SCHEDULE 2Ministerial Offices

  • Prime Minister and First Lord of the Treasury.

  • Lord President of the Council.

  • Lord Privy Seal.

  • Chancellor of the Duchy of Lancaster.

  • Paymaster General.

  • Secretary of State.

  • Chancellor of the Exchequer.

  • Minister of Agriculture, Fisheries and Food.

  • President of the Board of Trade.

  • Minister of State.

  • Chief Secretary to the Treasury.

  • Minister in charge of a public department of Her Majesty's Government in the United Kingdom (if not within the other provisions of this Schedule).

  • Attorney General.

  • Lord Advocate.

  • Solicitor General.

  • Solicitor General for Scotland.

  • Parliamentary Secretary to the Treasury.

  • Financial Secretary to the Treasury.

  • Parliamentary Secretary in a Government department other than the Treasury, or not in a department.

  • Junior Lord of the Treasury.

  • Treasurer of Her Majesty's Household.

  • Comptroller of Her Majesty's Household.

  • Vice-Chamberlain of Her Majesty's Household.

  • Assistant Government Whip.

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