Northern Ireland Assembly Disqualification Act 1975

1 Disqualification of holders of certain offices and places. U.K.

(1) Subject to the provisions of this Act, a person is disqualified for membership of the Northern Ireland Assembly 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 F1 ...;

(d) is a member of any police force maintained by [F2 a local policing body or] a police authority;

F3 (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) is a member of the legislature of any country or territory outside the Commonwealth [F4 (other than Ireland)]; or

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

(2) In this section—

• “civil service of the Crown” includes the civil service of Northern Ireland F5 ..., Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;

• “police authority” means any police authority within the meaning of [F6 the Police Act 1996] [F7 , the Scottish Police Authority], or the [F8 Northern Ireland Policing Board]; 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, [F9 the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.]

(3) Except as provided by this Act, a person shall not be disqualified for membership of the Northern Ireland Assembly 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 the Assembly.

Textual Amendments

F1 Words in s. 1(1)(c) repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 69(a), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

F2 Words in s. 1(1)(d) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 124; S.I. 2011/3019, art. 3, Sch. 1

F3 S. 1(1)(da) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 26, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(k) (subject to art. 4(2)-(7))

F4 Words in s. 1(1)(e) inserted (30.11.2000) by 2000 c. 42, s. 1

F5 Words in s. 1(2) omitted (N.I.) (12.4.2010) by virtue of The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 1, Sch. para. 4 (with arts. 5-7)

F6 Words in s. 1(2) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 25

F7 Words in s. 1(2) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 11

F8 Words in s. 1(2) substituted (4.11.2001) by 2000 c. 32, s. 79(1), Sch. 6 para. 4(2); S.I. 2001/396, art. 2, Sch.

F9 S. 1(2): words in definition of "regular armed forces of the Crown" substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 69(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1 S. 1(1)(c) amended (1.7.1992) by 1992 c. 39, ss. 3(4), 5

2 Reserve and auxiliary forces, etc. U.K.

(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 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 [F10 ,or former soldier,] 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.

Textual Amendments

F10 Words in s. 2(1)(b) inserted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 16 (with s. 72(5)); 1997/305, art. 2(1)

3 Power to amend Schedule 1. U.K.

(1) If at any time it is resolved by Northern Ireland Assembly 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.

4 Relaxation of obligation to accept office. U.K.

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

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

X1 5 Consequential amendments and repeals. U.K.

F11 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The enactments specified in Schedule 3 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed, so far as they apply in relation to disqualification for membership of the Northern Ireland Assembly, to the extent specified in the third column of that Schedule.

(3) Nothing in the definition of “regular armed forces of the Crown” in section 1(2) above shall be taken to alter the law in force immediately before the passing of this Act in relation to disqualification for membership of the Northern Ireland Assembly.

Editorial Information

X1 The text of s. 5, Sch. 2 paras. 1, 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F11 S. 5(1) repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 15 (with s. 95); S.I. 1999/3209, art. 2, Sch.

6 Short title. U.K.

This Act may be cited as the Northern Ireland Assembly Disqualification Act 1975.