House of Commons Disqualification Act 1975

1975 CHAPTER 24

X1 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:—

Editorial Information

X1 The originating text of this Act on SLD is derived from Reprint No. 12, containing those amendments that were in force on 1.1.1991

Commencement Information

I1 Act wholly in force at Royal Assent

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 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 M1 Police Act 1964 or the M2 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 M3 Army Act 1955, the regular air force as defined by section 223 of the M4 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.

Modifications etc. (not altering text)

C1 S. 1(1)(c) applied (with modifications) (1.7.1992) by Army Act 1992 (c. 39) ss. 3(4), 5.

Marginal Citations

M1 1964 c. 84.

M2 1967 c. 77.

M3 1955 c. 18.

M4 1955 c. 19.

2 Ministerial offices. U.K.

(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.

3 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 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.

4 Stewardship of Chiltern Hundreds, etc. U.K.

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.

5 Power to amend Schedule 1. U.K.

(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.

6 Effects of disqualification and provision for relief. U.K.

(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 M5 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 M6 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.

Modifications etc. (not altering text)

C2 S. 6(2)-(4) applied (with modifications) (1.1.2007 for E.W.S. and 7.2.2007 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 17(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(d) (subject to art. 6, Sch. 2); S.I. 2007/230, art. 2(1)(2)(a)

C3 S. 6(2)-(4) applied (with modifications) (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18(5), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(e) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(b)

Marginal Citations

M5 1983 c. 2.

M6 1975 c. 66.

7 Jurisdiction of Privy Council as to disqualification. U.K.

(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 M7 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.

Modifications etc. (not altering text)

C4 S. 7 applied (with modifications) (1.1.2007 for E.W.S. and 7.2.2007 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 17(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(d) (subject to art. 6, Sch. 2); S.I. 2007/230, art. 2(1)(2)(a)

C5 S. 7 applied (with modifications) (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18(5), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(e) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(b)

Marginal Citations

M7 1833 c. 41.

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

(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.

9 Interpretation. U.K.

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 M8 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.

Marginal Citations

M8 1975 c. 27.

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

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.

11 Short title and extent. U.K.

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

(2) This Act extends to Northern Ireland.

SCHEDULES

Sections 1, 4, 5.

SCHEDULE 1 U.K. Offices disqualifying for membership

Part I U.K. Judicial 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 M9 Sheriff Courts (Scotland) Act 1907, or Temporary Sheriff Principal or Temporary Sheriff appointed under the M10 Sheriff Courts (Scotland) Act 1971.

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

• Stipendiary Magistrate within the meaning of the Justices of the M11 Peace Act 1979.

• Stipendiary Magistrate in Scotland.

• Resident Magistrate or Deputy Resident Magistrate appointed under the M12 Magistrates’ Courts Act (Northern Ireland) 1964.

• Chief or other Social Security Commissioner (excluding a person appointed in pursuance of section 13(5) of the M13 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).

• Commissioner for the special purposes of the Income Tax Acts appointed under section 4 of the M14 Taxes Management Act 1970.

Marginal Citations

M9 1907 c. 51.

M10 1971 c. 58.

M11 1979 c. 55.

M12 1964 c. 21 (N.I.).

M13 1980 c. 30.

M14 1970 c. 9.

X2 Part II U.K. Bodies of which all members are disqualified

Editorial Information

X2 Sch. 1 Pt. II: due to the large number of entries contained in Sch. 1 Pt. II and the frequency with which it has been amended, new versions are created less frequently than is usual SLD practice. See editorial notes in the separate versions of Pt. II below for details of what they contain.

• The Aircraft and Shipbuilding Industries Arbitration Tribunal.

• An Arbitration Tribunal established under Schedule 3 to the M15 Industry Act 1975.

• [F1 An Area Electricity Board in England and Wales.]

• The Attendance Allowance Board.

• The Attendance Allowance Board for Northern Ireland.

• [F2 The Authorised Conveyancing Practitioners Board]

• The British Board of Agrément.

• The British Coal Corporation.

• The British Railways Board.

• British Shipbuilders.

• [F3 The British Steel Corporation.]

• [F4 British Telecommunications.]

• The British Waterways Board.

• The Broadcasting Complaints Commission.

• [F5 The Broadcasting Standards Council.]

• The Building Societies Commission.

• [F6 The Cable Authority.]

• The Central Arbitration Committee.

• [F7 The Central Electricity Generating Board.]

• [F8 The Channel Four Television Corporation]

• The Civil Aviation Authority.

• The Civil Service Arbitration Tribunal.

• Comataidh Telebhisein Gaidhlig.

• 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 Copyright Tribunal.

• 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 Estate Commissioners.

• A Dairy Produce Quota Tribunal constituted under the M16 Dairy Produce Quotas Regulations 1984.

• The Data Protection Tribunal.

• The Development Board for Rural Wales.

• The Development Commission.

• A Development Corporation within the meaning of the M17 New Towns Act 1981 or the M18 New Towns (Scotland) Act 1968.

• A Development Council established under the M19 Industrial Organisation and Development Act 1947.

• [F9 The Eggs Authority.]

• [F10 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 Commission for Northern Ireland.

• The Fair Employment Tribunal for Northern Ireland.

• Food from Britain.

• The Football Licensing Authority.

• The Foreign Compensation Commission.

• The Gaming Board for Great Britain.

• [F11 The Gas Consumers’ Council]

• The Health and Safety Executive.

• [F12 The Highlands and Islands Development Board.]

• Highlands and Islands Enterprise.

• The Housing Corporation.

• Housing for Wales.

• The Human Fertilisation and Embryology Authority.

• The Immigration Appeal Tribunal.

• [F13 The Independent Broadcasting Authority.]

• The Independent Commission for Police Complaints for Northern Ireland.

• The Independent Television Commission.

• 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 M20 Town and Country Planning (Scotland) Act 1972.

• The Labour Relations Agency.

• The Lands Tribunal.

• The Lands Tribunal for Northern Ireland.

• The Lands Tribunal for Scotland.

• The Law Commission.

• [F14 The Legal Services Ombudsman]

• The Local Government Boundary Commission for England.

• The Local Government Boundary Commission for Scotland.

• The Local Government Boundary Commission for Wales.

• London Regional Transport.

• [F15 The Lord Chancellor’s Advisory Committee on Legal Education and Conduct]

• The Meat and Livestock Commission.

• A Medical Practices Committee constituted under section 7 of the M21 National Health Service Act 1977 or section 3 of the M22 National Health Service (Scotland) Act 1978.

• The Medicines Commission and any committee established under section 4 of the M23 Medicines Act 1968.

• A Mental Health Review Tribunal constituted or having effect as if constituted under the M24 Mental Health Act 1983.

• The Mental Welfare Commission for Scotland.

• The Monopolies and Mergers Commission.

• A National Broadcasting Council.

• The National Bus Company.

• The National Development Team for People with a Mental Handicap.

• The National Radiological Protection Board.

• The National Rivers Authority.

• [F16 The North of Scotland Hydro-Electric Board.]

• The Northern Ireland Economic Council.

• Northern Ireland Electricity.

• The Northern Ireland Housing Executive.

• The Occupational Pensions Board.

• The Oil and Pipelines Agency.

• The Parole Board constituted under section 59 of the M25 Criminal Justice Act 1967.

• The Parole Board for Scotland constituted under section 59 of the M26 Criminal Justice Act 1967.

• A Pensions Appeal Tribunal.

• The Planning Appeals Commission established under Article 88 of the M27 Planning (Northern Ireland) Order 1972.

• A Planning Inquiry Commission constituted under Part III of the M28 Town and Country Planning Act 1990.

• A Planning Inquiry Commission constituted under Part III of the M29 Town and Country Planning (Scotland) Act 1972.

• The Police Complaints Authority.

• The Post Office.

• The Radio Authority.

• [F17 A regional water authority established in accordance with section 2 of the M30 Water Act 1973.]

• The Restrictive Practices Court.

• The Review Board for Government Contracts.

• A Rural Development Board.

• The Scottish Committee of the Council on Tribunals.

• [F18 The Scottish Conveyancing and Executry Services Board]

• [F19 The Scottish Development Agency.]

• Scottish Enterprise.

• Scottish Homes.

• The Scottish Land Court.

• The Scottish Law Commission.

• [F20 Scottish legal services ombudsman appointed under section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990]

• The Scottish Transport Group.

• The Sea Fish Industry Authority.

• Sianel Pedwar Cymru.

• The Social Security Advisory Committee.

• [F21 The South of Scotland Electricity Board.]

• The Transport Tribunal.

• The Tribunal established under the M31 Interception of Communications Act 1985.

• The Tribunal established under the M32 Security Service Act 1989.

• The United Kingdom Atomic Energy Authority.

• The Water Appeals Commission for Northern Ireland.

• The Welsh Development Agency.

• [F17 The Welsh Water Authority.]

Textual Amendments

F1 Entry repealed (prosp.) by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), 113(2), Sch. 17 para. 35(1), Sch. 18

F2 Entry inserted (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 34(8), 124(3), Sch. 5 para. 11(1)

F3 Entry repealed (prosp.) by British Steel Act 1988 (c. 35, SIF 70), ss. 16(3)(4), s. 17(4), Sch. 2 Pt. II, Sch. 3 para. 11

F4 Entry repealed (prosp.) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109, 110(4), Sch. 7 Pt. III

F5 Entry inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 151(3), Sch. 14 para. 5

F6 Entry repealed (prosp.) by Broadcasting Act 1990 (c. 42, SIF 96), ss. 204(2), 203(3), Sch. 21

F7 Entry repealed (prosp.) by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), 113(2), Sch. 17 para. 35(1), Sch. 18

F8 Entry inserted (1.1.1993) by Broadcasting Act 1990 (c. 42, SIF 96), s. 23, Sch. 3 para. 5

F9 Entry repealed (prosp.) by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(2)(5), Sch. 4

F10 Entry repealed (prosp.) by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), 113(2), Sch. 17 para. 35(1), Sch. 18

F11 Entry inserted by Gas Act 1986 (c. 44, SIF 44:2), ss. 2(5), 48(3)(4), Sch. 2 para. 8

F12 Entry repealed (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. IV

F13 Entry repealed (prosp.) by Broadcasting Act 1990 (c. 42, SIF 96), ss. 204(2), 203(3), Sch. 21

F14 Entry inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 21(6), Sch. 3 para. 8(1)

F15 Entry inserted (prosp.)by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 19(9), 124(3), Sch. 1 para. 13(1)

F16 Entry repealed (prosp.) by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), 113(2), Sch. 17 para. 35(1), Sch. 18

F17 Entry repealed (prosp.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 194(4), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. II

F18 Entry inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 16(4), 75(2), Sch. 1 para. 17

F19 Entry repealed (E.W.S.) (prosp.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. II

F20 Entry inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 34(10), 75(2), Sch. 3 para. 11

F21 Entry repealed (prosp.) by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(3)(4), 113(2), Sch. 17 para. 35(1), Sch. 18

Marginal Citations

M15 1975 c. 68.

M16 S.I. 1984/1047.

M17 1981 c. 64.

M18 1968 c. 16.

M19 1947 c. 40.

M20 1972 c. 52.

M21 1977 c. 49.

M22 1978 c. 29.

M23 1968 c. 67.

M24 1983 c. 20.

M25 1967 c. 80.

M26 1967 c. 80.

M27 S.I. 1972/1634 (N.I. 17).

M28 1990 c. 8.

M29 1972 c. 52.

M30 1973 c. 37.

M31 1985 c. 56.

M32 1989 c. 5.

X3 Part III U.K. Other disqualifying offices

Editorial Information

X3 Sch. 1 Pt. III: due to the large number of entries contained in Sch. 1 Pt. III and the frequency with which it has been amended, new versions are created less frequently than is usual SLD practice. See editorial notes in the separate versions of Pt. III below for details of what they contain.

• Additional Commissioner of the Commission for Racial Equality.

• Additional Commissioner of the Equal Opportunities Commission.

• Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.

• Adjudicating medical practitioner or specially qualified adjudicating medical practitioner appointed under or by virtue of Part III of the M33 Social Security Act 1975 or Part III of the M34 Social Security (Northern Ireland) Act 1975.

• Adjudicator appointed for the purposes of the M35 Immigration Act 1971.

• Advocate Depute (not being the Solicitor General for Scotland) appointed by the Lord Advocate.

• 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 M36 Local Government Act 1972.

• Assistant Commissioner appointed under Part II of the M37 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 Commissioner appointed under Schedule 1 to the M38 Parliamentary Constituencies Act 1986.

• Certification officer or assistant certification officer appointed under section 7 of the M39 Employment Protection Act 1975.

• Chairman of the Advisory Board for the Research Councils.

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

• Chairman of the Agricultural and Food Research Council.

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

• Chairman or Director-General of the British Council.

• Chairman of the British Library Board.

• Chairman of the British Overseas Trade Board.

• Chairman of the Business & Technician Education Council.

• Paid Chairman of the Central Transport Consultative Committee for Great Britain established under section 56 of the M40 Transport Act 1962.

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

• Chairman of a consumers’ committee appointed under section 2 of the M41 Electricity Act 1989.

• Chairman of the Council for the Accreditation of Teacher Education.

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

• Chairman, Deputy Chairman or Managing Director of the Crown Agents for Oversea Governments and Administrations.

• Chairman of a customer service committee established under section 6 of the M42 Water Act 1989.

• Chairman or Vice-Chairman of the [F22 Dental Practice Board] or member of that Board appointed at an annual salary.

• Chairman of a designated agency within the meaning of the M43 Financial Services Act 1986 if he is in receipt of remuneration.

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

• Chairman of the Economic and Social Research Council.

• Chairman of the English National Board for Nursing, Midwifery and Health Visiting.

• Chairman of Enterprise Ulster.

• Chairman of the Fire Authority for Northern Ireland.

• Chairman or other full-time member of the Forestry Commission.

• Chairman of the Gas Consumers’ Council.

• Chairman or Deputy Chairman of the General Consumer Council for Northern Ireland.

• Paid Chairman of a Health Board constituted under the M44 National Health Service (Scotland) Act 1978.

• Chairman of the Health and Safety Agency for Northern Ireland.

• Chairman of the Health and Safety Commission.

• Chairman of a Health and Social Services Board established under Article 16 of the M45 Health and Personal Social Services (Northern Ireland) Order 1972.

• Chairman or Deputy Chairman, in receipt of remuneration, of the Historic Buildings and Monuments Commission for England.

• Chairman or Vice-Chairman of the Home-Grown Cereals Authority.

• Paid Chairman of an Industrial Training Board constituted under the M46 Industrial Training Act 1964 or the M47 Industrial Training Act 1982 or of a committee appointed under either of those Acts or paid Deputy Chairman of such a board.

• Chairman of the Inland Waterways Amenity Advisory Council.

• Chairman or Deputy Chairman of the Laganside Corporation.

• Chairman of the Land Authority for Wales.

• Chairman, Vice-Chairman or member of the executive committee of the Land Settlement Association Limited appointed at a salary.

• Chairman of the Legal Aid Board.

• Chairman of the Letchworth Garden City Corporation.

• Chairman of the Livestock Marketing Commission for Northern Ireland.

• Chairman of a local flood defence committee for any district in England and Wales.

• Chairman of the Local Government Staff Commission for Northern Ireland.

• Chairman of the London and Metropolitan Government Staff Commission.

• Chairman in receipt of remuneration of the London Regional Passengers’ Committee.

• Chairman of the Management Committee of the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1978.

• Chairman of the Mental Health Commission for Northern Ireland.

• Chairman of a committee constituted under section 91 of the M48 Mental Health (Scotland) Act 1984.

• Chairman or Deputy Chairman of the National Consumer Council.

• Chairman of the National Council for Vocational Qualifications.

• Chairman of the National Enterprise Board.

• Chairman or non-executive member of a National Health Service trust established under the M49 National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978.

• Chairman of the National Research Development Corporation.

• Chairman of the Natural Environment Research 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 Tourist Board.

• Chairman of the Northern Ireland Training Authority.

• Any Chairman of the Plant Varieties and Seeds Tribunal.

• Chairman or Vice-Chairman of the Police Authority for Northern Ireland.

• Chairman of the Post Office Users’ National Council.

• Chairman of the Prescription Pricing Authority.

• Chairman of the Probation Board for Northern Ireland.

• Chairman of the Public Health Laboratory Service Board.

• Chairman of the Red Deer Commission.

• Chairman of a regional flood defence committee for any area of England and Wales.

• Chairman or any member, not being also an employee, of any Regional Health Authority, District Health Authority, Family Health Services Authority or special health authority which is a relevant authority for the purposes of paragraph 9(1) of Schedule 5 to the M50 National Health Service Act 1977.

• Chairman of the Science and Engineering Research Council.

• Chairman of the [F23 Scottish Dental Practice Board] or a member of that Board appointed at an annual salary.

• Chairman or Vice-Chairman of the Scottish Sports Council.

• A regional or other full-time Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals.

• A full-time chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals for Northern Ireland.

• Chairman of a special health and social services agency established under Article 3 of the M51 Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.

• Chairman of the Special Hospitals Service Authority.

• 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 Standing Advisory Commission on Human Rights constituted under section 20 of the M52 Northern Ireland Constitution Act 1973.

• [F24 Chairman of the Training Commission.]

• Chairman of the Training, Enterprise and Education Advisory Group for Wales.

• Chairman of a transferee body within the meaning of Schedule 11 to the M53 Financial Services Act 1986 if he is in receipt of remuneration.

• Chairman of the tribunal constituted under section 706 of the M54 Income and Corporation Taxes Act 1988.

• Chairman of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting.

• 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 M55 Electoral Law Act (Northern Ireland) 1962.

• Chief Executive of the National Enterprise Board.

• Chief executive of the Simpler Trade Procedures 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 M56 Local Government Act (Northern Ireland) 1972.

• Commissioner or Assistant Commissioner of Police of the Metropolis.

• Commissioner of the City of London Police.

• Commissioner for the Rights of Trade Union Members.

• Commons Commissioner.

• Comptroller and Auditor General.

• Comptroller and Auditor General for Northern Ireland.

• Controller of Audit appointed under section 97(4) of the M57 Local Government (Scotland) Act 1973.

• Controller of Audit appointed under paragraph 7(1) of Schedule 3 to the M58 Local Government Finance Act 1982.

• Counsel to the Secretary of State under the M59 Private Legislation Procedure (Scotland) Act 1936.

• Crown Solicitor for Northern Ireland.

• The Data Protection Registrar.

• 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 p.l.c.

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

• Director of Caledonian MacBrayne Limited.

• Director of Citybus Limited.

• Director of the Commonwealth Institute.

• Director of a company for the time being holding an appointment under Chapter I of Part II of the M60 Water Act 1989 or of such a company’s holding company, being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.

• Director of any company in receipt of financial assistance under the M61 Local Employment Act 1972, Part II of the M62 Industry Act 1972 or I or section 13 of the M63 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 M64 Highlands and Islands Shipping Services Act 1960 and is for the time being in force.

• Director of Flexibus Limited.

• Director of International Military Services Limited.

• Director of Northern Ireland Airports Limited.

• Director of Northern Ireland Railways Company Limited.

• Director of the Northern Ireland Transport Holding Company.

• Director of Nuclear Electric p.l.c.

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

• Director appointed at a salary of Remploy Limited.

• Director of Scottish Nuclear Limited.

• Director of the successor company (within the meaning of the M65 British Steel Act 1988) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.

• Director of a successor company (within the meaning of Part II of the M66 Electricity Act 1989), being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.

• Director of Ulsterbus Limited.

• Director General of Electricity Supply.

• Director General of Fair Trading.

• Director General of Gas Supply.

• Director General of the National Economic Development Office.

• Director General of Telecommunications.

• Director General of Water Services.

• The Governor or Administrator of a dependent territory within the meaning of section 50(1) of the M67 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 M68 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.

• Judge Advocate of the Fleet.

• Judge Advocate General, Vice Judge Advocate General, Assistant Judge Advocate General or Deputy Judge Advocate.

• Lay observer appointed under Article 42 of the M69 Solicitors (Northern Ireland) Order 1976.

• Lay observer appointed under section 49 of the M70 Solicitors (Scotland) Act 1980.

• The Legal Services Ombudsman.

• Liquidator appointed under section 2 of the M71 Licensing (Alcohol Education and Research) Act 1981.

• Lyon Clerk.

• Lyon King of Arms.

• Managing director of the National Research Development Corporation.

• 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 M72 Agricultural Marketing Act 1958.

• Member of an Agricultural Marketing Board appointed under section 3 of the M73 Agricultural Marketing Act (Northern Ireland) 1964 or Schedule 2 to the M74 Agricultural Marketing (Northern Ireland) Order 1982.

• Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales.

• 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 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.

• [F25 A member of the Curriculum Council for Wales established under section 14 of the M75 Education Reform Act 1988 who is in receipt of remuneration.]

• Any member of the Education Assets Board in receipt of remuneration.

• Any member of the Financial Services Tribunal in receipt of remuneration.

• Member appointed by the Secretary of State of the Horserace Betting Levy Board.

• Any member, in receipt of remuneration, of a housing action trust (within the meaning of Part III of the M76 Housing Act 1988).

• Any member of the Insolvency Practitioners Tribunal in receipt of remuneration.

• [F26 A member of the Interim Advisory Committee on School Teachers’ Pay and Conditions appointed under section 2 of the M77 Teachers’ Pay and Conditions Act 1987 who is in receipt of remuneration.]

• Member of the Legal Aid Board.

• Member of the Local Enterprise Development Unit.

• Member of a Medical Appeal Tribunal appointed under paragraph 2(2) of Schedule 12 to the M78 Social Security Act 1975.

• Member of a Medical Appeal Tribunal for Northern Ireland appointed under paragraph 2(2) of Schedule 12 to the M79 Social Security (Northern Ireland) Act 1975.

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

• Member of the staff of the National Audit Office.

• [F25 A member of the National Curriculum Council established under section 14 of the Education Reform Act 1988 who is in receipt of remuneration.]

• [F27 Any member of the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales in receipt of remuneration.]

• Member of the staff of the Northern Ireland Audit Office.

• Member of a panel of persons who may be appointed to consider representations in accordance with section 3(4)(b) of the M80 Employment Agencies Act 1973.

• Member of a panel of persons appointed under Schedule 10 to the M81 Rent Act 1977 to act as chairmen and other members of rent assessment committees.

• Member of a panel of persons appointed under Schedule 5 to the M82 Rent (Northern Ireland) Order 1978 to act as chairmen and other members of rent assessment committees.

• Member of the panel of persons appointed under Schedule 4 to the M83 Rent (Scotland) Act 1984 to act as chairmen and other members of rent assessment committees.

• Member of the panel of chairmen for Social Security Appeal Tribunals for Northern Ireland appointed under section 97(2D)(a) of the M84 Social Security (Northern Ireland) Act 1975, or of the panel of chairmen for Medical Appeal Tribunals for Northern Ireland appointed under paragraph 2(4)(a) of Schedule 12 to that Act.

• A member of a panel appointed under section 7 of the M85 Tribunals and Inquiries Act 1971 of persons to act as chairmen of Social Security Appeal Tribunals and Medical Appeal Tribunals.

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

• Any member of the Polytechnics and Colleges Funding Council in receipt of remuneration.

• Any member of a residuary body established by Part VII of the M86 Local Government Act 1985 who is in receipt of remuneration.

• [F25 A member of the School Examinations and Assessment Council established under section 14 of the M87 Education Reform Act 1988 who is in receipt of remuneration.]

• Any member of the Universities Funding Council in receipt of remuneration.

• Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the M88 Local Government, Planning and Land Act 1980).

• Member of a Wages Council appointed under paragraph 1(b) of Schedule 2 to the M89 Wages Act 1986.

• Member of a Wages Council appointed under paragraph 1(b) of Schedule 2 to the M90 Wages (Northern Ireland) Order 1988.

• 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 M91 Greenwich Hospital Act 1865.

• Officer of the Supreme Court being the holder of any office listed in any Part of Schedule 2 to the M92 Supreme Court Act 1981 or a district registrar, or assistant district registrar, of the High Court.

• Parliamentary Commissioner for Administration.

• Person appointed under section 3(1) of the M93 Local Government and Housing Act 1989 to carry out functions relating to the political restriction of posts under local authorities, within the meaning of Part I of that Act.

• Person appointed to hear and decide appeals under the M94 Trade Marks Act 1938.

• Person holding a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part.

• President, or member of a panel of chairmen, of industrial tribunals established under section 12 of the M95 Industrial Training Act 1964.

• President, or member of a panel of chairmen, of industrial tribunals established under Article 30 of the M96 Industrial Training (Northern Ireland) Order 1984.

• President of Social Security Appeal Tribunals and Medical Appeal Tribunals.

• President of Social Security Appeal Tribunals and Medical Appeal Tribunals for Northern Ireland.

• President or Vice-President of Value Added Tax Tribunals or full-time chairman of value added tax tribunals.

• Public Works Loan Commissioner.

• Receiver for the Metropolitan Police District.

• Registrar or Assistant Registrar appointed under section 6 or section 7 of the M97 County Courts Act 1984.

• Registrar or Assistant Registrar of Friendly Societies.

• Registrar of the Privy Council.

• Registrar of Public Lending Right.

• Registration Officer appointed under section 8(2) or (3) of the M98 Representation of the People Act 1983.

• Rent officer or deputy rent officer appointed in pursuance of a scheme under section 63 of the M99 Rent Act 1977.

• Rent officer or deputy rent officer nominated under Schedule 5 to the M100 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.

• Social Fund Commissioner.

• 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 M101 Judicature (Northern Ireland) Act 1978.

• Traffic commissioner for any area constituted for the purposes of the M102 Public Passenger Vehicles Act 1981.

Textual Amendments

F22 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 12(1)(a)

F23 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 12(1)(a)

F24 Entry inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 33(1), Sch. 3 para. 10

F25 Entry in Sch. 1 Pt. III inserted by Education Reform Act 1988 (c. 40), s. 14, Sch. 2 para. 9

F26 Entry inserted (temp.) by Teachers' Pay and Conditions Act 1987 (c. 1, SIF 41:1), s. 2(3) Sch. 1 para. 4 and continued in force for a further year from 31.3.1991 by S.I. 1990/2516, art. 2

F27 Entry substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 128(5), Sch. 6 para. 24

Modifications etc. (not altering text)

C6 Entry commencing "Any member of a residuary body" affected by the amendment to Local Government Act 1985 (c. 51), Sch. 13 para. 4 made by S.I. 1989/1815, art. 2, Sch. 1 para. 2(d)

C7 By Patents, Designs and Marks Act 1986(c. 39), s. 2, Sch. Pt. II para. 2(1)(c) it is provided that the entry relating to a person appointed to hear and decide appeals under the Trade Marks Act 1938 should include a reference to that Act as it has effect by virtue of section 1 of the Trade Marks (Amendment) Act 1984 (c. 19).

Marginal Citations

M33 1975 c. 14.

M34 1975 c. 15.

M35 1971 c. 77.

M36 1972 c. 70.

M37 1973 c. 65.

M38 1986 c. 56.

M39 1975 c. 71.

M40 1962 c. 46.

M41 1989 c. 29.

M42 1989 c. 15.

M43 1986 c. 60.

M44 1978 c. 29.

M45 S.I. 1972/1265 (N.I. 14).

M46 1964 c. 16.

M47 1982 c. 10.

M48 1984 c. 36.

M49 1990 c. 19.

M50 1977 c. 49.

M51 S.I. 1990/247 (N.I. 3).

M52 1973 c. 36.

M53 1986 c. 60.

M54 1988 c. 1.

M55 1962 c. 14 (N.I.)

M56 1972 c. 9 (N.I.).

M57 1973 c. 65.

M58 1982 c. 32.

M59 1936 c. 52.

M60 1989 c. 15.

M61 1972 c. 5.

M62 1972 c. 63.

M63 1982 c. 52.

M64 1960 c. 31.

M65 1988 c. 35.

M66 1989 c. 29.

M67 1981 c. 61.

M68 1953 c. 18. (N.I.).

M69 S.I. 1976/582 (N.I. 12).

M70 1980 c. 46.

M71 1981 c. 28.

M72 1958 c. 47.

M73 1964 c. 13 (N.I.).

M74 S.I. 1982/1080 (N.I. 12).

M75 1988 c. 40.

M76 1988 c. 50.

M77 1987 c. 1.

M78 1975 c. 14.

M79 1975 c. 15.

M80 1973 c. 35.

M81 1977 c. 42.

M82 S.I. 1978/1050 (N.I. 20).

M83 1984 c. 58.

M84 1975 c. 15.

M85 1971 c. 62.

M86 1985 c. 51.

M87 1988 c. 40.

M88 1980 c. 65.

M89 1986 c. 48.

M90 S.I. 1988/796 (N.I. 7).

M91 1865 c. 89.

M92 1981 c. 54.

M93 1989 c. 42.

M94 1938 c. 22.

M95 1964 c. 16.

M96 S.I. 1984/1159 (N.I. 9).

M97 1984 c. 28.

M98 1983 c. 2.

M99 1977 c. 42.

M100 S.I. 1978/1050 (N.I. 20).

M101 1978 c. 23.

M102 1981 c. 14.

Part IV U.K. Offices disqualifying for particular constituencies

Office	Constituency
Member of Her Majesty’s Commission of Lieutenancy for the City of London.	The constituency comprising the whole of the City of London.
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 and 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 2 U.K. Ministerial 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.