(1)A person is disqualified for the office of MEP if—
(a)he is disqualified for membership of the House of Commons, F1. . .
(b)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F2or 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 [F3qualifying Commonwealth citizens] and Republic of Ireland citizens, who are born outside Great Britain and Ireland and the dominions).
[F4(3A)A Commonwealth citizen who is resident in Gibraltar and who—
(a)does not, under the law of Gibraltar, require a permit or certificate to enter or remain there, or
(b)for the time being has (or is by virtue of any provision of the law of Gibraltar to be treated as having) a certificate of permanent residence issued under the Immigration Control Ordinance,
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 qualifying Commonwealth citizens and Republic of Ireland citizens, who are born outside Great Britain and Ireland and the dominions).
(3B)But subsection (3A)(a) does not cause a person to be qualified for the office of MEP if he does not require a permit or certificate to enter Gibraltar by virtue only of section 14(1) of the Immigration Control Ordinance (certain exemptions from requirement of permit or certificate).]
(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.
[F5(4A)The Secretary of State may by order [F6make such other provision as he thinks appropriate] 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 [F7relevant disqualifying decision under the law of the member state of which he is a national.]
[F8(5A)In this section “relevant disqualifying decision” means, in accordance with Article 6(1) of Council Directive 93/109/EC—
(a)a judicial decision, or
(b)an administrative decision that can be subject to a judicial remedy.]
(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.
[F9(7A)In this section “the Immigration Control Ordinance” means the Gibraltar Ordinance of that name (Ord. 1962 No. 12).
(7B)The Secretary of State may by regulations amend this section if he considers it necessary or expedient to do so in consequence of developments in the law of Gibraltar relating to immigration control.
(7C)Such regulations may—
(a)make transitional or saving provision;
(b)make provision extending or applying to (or extending or applying only to) Gibraltar or any part of the United Kingdom.]
(8)Subsection (1) is without prejudice to Article [F107(1) and (2)] of the Act annexed to Council Decision 76/787 (incompatibility of office of MEP with certain offices in or connected with [F11EU] institutions).
Textual Amendments
F1S. 10(1)(b) and the word "or" preceding it repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 32, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(e)(f)
F2Words 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)
F3Words in s. 10(3) substituted (1.1.2007 for E.W.S and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 41(2); S. I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(ii) (subject to art. 6); S.I. 2008/1316, art. 2(2), {4((z)(i)}
F4S. 10(3A)(3B) inserted (1.1.2007 for E.W.S and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 41(3); S. I. 2006/3412, art. 3, {Sch. 1para. 14(bb)(i)} (subject to art. 6); S.I. 2008/1316, art. 2(2), {4((z)(i)}
F5S. 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)
F6Words in s. 10(4A) substituted (1.1.2007 for E.W.S and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 41(4); S. I. 2006/3412, art. 3, {Sch. 1para. 14(bb)(i)} (subject to art. 6); S.I. 2008/1316, art. 2(2), {4((z)(i)}
F7Words in s. 10(5) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 3(1)
F8S. 10(5A) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 3(2)
F9S. 10(7A)-(7C) inserted (1.1.2007 for E.W.S and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 41(5); S. I. 2006/3412, art. 3, {Sch. 1para. 14(bb)(i)} (subject to art. 6); S.I. 2008/1316, art. 2(2), {4((z)(i)}
F10Words in s. 10(8) substituted (8.6.2004) by The European Parliamentary Elections (Common Electoral Principles) Regulations 2004 (S.I. 2004/1374), regs. 1(1), 2(3)