House of Commons 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 House of Commons who for the time being—

[F1 (za) is a Lord Spiritual;]

(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 F2 . . .;

(d) is a member of any police force maintained by [F3 a local policing body or] a police authority;

F4 (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) is a member of the legislature of any country or territory outside the Commonwealth [F5 (other than Ireland)]; 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 F6 ..., Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;

• “police authority” means any police authority within the meaning of [F7 the Police Act 1996] [F8 , the Scottish Police Authority], or the [F9 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, [F10 the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.]

(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.

Textual Amendments

F1 S. 1(1)(za) inserted (11.5.2001) by 2001 c. 13, s. 1, Sch. 1 para. 1

F2 Words in s. 1(1)(c) repealed (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 67(a), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

F3 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. 123; S.I. 2011/3019, art. 3, Sch. 1

F4 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. 23, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(j) (subject to art. 4(2)-(7))

F5 Words in s. 1(1)(e) inserted (30.11.2000) by 2000 c. 42, s. 1

F6 Words in s. 1(3) 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. 3 (with arts. 5-7)

F7 Words in s. 1(3) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 para. 24

F8 Words in s. 1(3) 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. 10(2)

F9 S. 1(3): words in definition of “police authority” substituted (4.11.2001) by 2000 c. 32, 78(1), Sch. 6 para. 3(2); S.R. 2001/396, art. 2, Sch.

F10 Words in s. 1(3) 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. 67(b); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

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 (which applying Act was repealed (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4).