(1)A person is disqualified for the office of MEP if—
(a)he is disqualified for membership of the House of Commons, or
(b)he is a Lord of Appeal in Ordinary.
(2)But a person is not disqualified for the office of MEP under subsection (1)(a) merely because—
(a)he is a peer,
(b)he is a Lord Spiritual,
(c)he holds an office mentioned in section 4 of the House of Commons Disqualification Act 1975 (c.24) (stewardship of Chiltern Hundreds etc.), or
(d)he holds any of the offices described in Part 2 or 3 of Schedule 1 to that Act which are designated by order by the Secretary of State for the purposes of this section.
(3)A citizen of the European Union who is resident in the United Kingdom [F1or Gibraltar] is not disqualified for the office of MEP under subsection (1)(a) merely because he is disqualified for membership of the House of Commons under section 3 of the Act of Settlement (12&13 Will 3 c.2.) (disqualification of persons, other than Commonwealth and Republic of Ireland citizens, who are born outside Great Britain and Ireland and the dominions).
(4)A person is disqualified for the office of MEP for a particular electoral region if, under section 1(2) of the House of Commons Disqualification Act 1975 (c. 24), he is disqualified for membership of the House of Commons for any parliamentary constituency wholly or partly comprised in that region.
[F2(4A)The Secretary of State may by order provide for persons of a description connected to Gibraltar (including any description of persons who are disqualified for membership of the Gibraltar House of Assembly) to be disqualified from the office of MEP.
(4B)The Secretary of State must consult the Electoral Commission before making an order under subsection (4A).]
(5)A person who—
(a)is a citizen of the European Union, and
(b)is not a Commonwealth citizen or a citizen of the Republic of Ireland,
is disqualified for the office of MEP if he is disqualified for that office through a criminal law or civil law decision under the law of the member state of which he is a national (and in this subsection “criminal law or civil law decision” has the same meaning as in Council Directive 93/109/EC).
(6)If a person who is returned as an MEP for an electoral region under section 2, 3 or 5—
(a)is disqualified under this section for the office of MEP, or
(b)is disqualified under this section for the office of MEP for that region,
his return is void and his seat vacant.
(7)If an MEP becomes disqualified under this section for the office of MEP or for the office of MEP for the electoral region for which he was returned, his seat is to be vacated.
(8)Subsection (1) is without prejudice to Article 6(1) of the Act annexed to Council Decision 76/787 (incompatibility of office of MEP with certain offices in or connected with Community institutions).
Textual Amendments
F1Words in s. 10(3) inserted (7.1.2004 for certain purposes, otherwise 5.2.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 21(1)(a), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)
F2S. 10(4A)(4B) inserted (7.1.2004 for certain purposes, otherwise 5.2.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 21(1)(b), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)