5(1)Subject to sub-paragraph (3) below, and without prejudice to Article 6(1) (incompatibility of office of representative with certain offices in or connected with Community institutions), a person is disqualified for the office of [F1Member of] the Assembly if—
(a)he is disqualified, whether under the M1House of Commons Disqualification Act 1975 or otherwise, for membership of the House of Commons; or
(b)he is a Lord of Appeal in Ordinary.
(2)A person is disqualified for the office of [Member of] the Assembly for a particular [F2European Parliamentary][F3electoral region] if he is under section 1(2) of the M2House of Commons Disqualification Act 1975 disqualified for membership of the House of Commons for any particular parliamentary constituency wholly or partly comprised in that [F2European Parliamentary][F3electoral region].
[F4(2A)A citizen of the Union, determined in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), who is not a Commonwealth citizen or citizen of the Republic of Ireland is disqualified under this paragraph for the office of [F1Member of] the European Parliament 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.
(2B)In sub-paragraph (2A) above “a criminal law or civil law decision” has the same meaning as it has in the directive of the Council of the European Communities No.93/109/EC.]
(3)A person is not disqualified for office as a [F1Member of]the Assembly by reason only—
(a)that he is a peer, whether of the United Kingdom, Great Britain, England or Scotland; or
(b)that he has been ordained or is a minister of any religious denomination; or
(c)that he holds an office mentioned in section 4 of the M3House of Commons Disqualification Act 1975 (stewardship of Chiltern Hundreds etc.); or
(d)that he holds any of the offices for the time being described in Part II or Part III of Schedule 1 to the M4House of Commons Disqualification Act 1975 which are for the time being designated in an order by the Secretary of State as nondisqualifying offices in relation to the Assembly.
[F5or
(e)that he is disqualified under section 3 of the Act of Settlement F6(disqualification for membership of either House of Parliament of persons born out of the Kingdoms of England, Scotland or Ireland or the dominions thereunto belonging except those who are Commonwealth citizens or citizens of the Republic of Ireland), provided that he is a citizen of the Union, determined in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), who is resident in the United Kingdom.]
[F7(4)If a person who is disqualified under this paragraph for the office of MEP is returned as an MEP under—
(a)section 3 [F8or 3A], or
(b)regulations made in accordance with paragraph 3(1),
his return shall be void and his seat vacant.
(4A)If a person who is disqualified under this paragraph for the office of MEP for a particular electoral region is returned as an MEP for that region under—
(a)section 3 [F8or 3A], or
(b)regulations made in accordance with paragraph 3(1),
his return shall be void and his seat vacant.]
(5)If a [F1Member of]the Assembly becomes disqualified under this paragraph for the office of [F1Member of] the Assembly or for the office of [F1Member of] the Assembly for the [F2European Parliamentary][F3electoral region] for which he was [F9returned], his seat shall be vacated.
(6)A statutory instrument made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in Sch. 1 para. 5(1)(2)(2A)(3)(5) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 10(a); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))
F2Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F3Words in Sch. 1 para. 5(2)(5) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 10(b); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))
F4Schedule 1 para. 5 (2A)(2B) inserted (17.2.1994) by S.I. 1994/342, reg. 3(1)
F5Sch. 1 para. 5(3)(e) inserted (17.2.1994) by S.I. 1994/342, reg. 3(2)
F612&13Will. 3 Sch. 2, as amended by Schedule 7 to the British Nationality Act 1981 (c. 61).
F7Sch. 1 para. 5(4)(4A) substituted for Sch. 1 para. 5(4) (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras 1, 10(c); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))
F8Words in Sch. 1 para. 5(4)(a)(4A)(a) inserted (16.2.2001) by 2000 c. 41, s. 142(2) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
F9Word in Sch. 1 para. 5(5) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 10(d); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))
Modifications etc. (not altering text)
C1References to the European Parliament substituted retrospectively for references to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)
Marginal Citations