European Assembly Elections Act 1978

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 representative to the Assembly if—

(a) he is disqualified, whether under the [1975 c. 24.] House 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 representative to the Assembly for a particular Assembly constituency if he is under section 1(2) of the House of Commons Disqualification Act 1975 disqualified for membership of the House of Commons for any particular parliamentary constituency wholly or partly comprised in that Assembly constituency.

(3) A person is not disqualified for office as a representative to 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 [1975 c. 24.] House of Commons Disqualification Act 1975 (stewardship of CM-tern 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 House of Commons Disqualification Act 1975 which are for the time being designated in an order by the Secretary of State as non-disqualifying offices in relation to the Assembly.

(4) If any person disqualified under this paragraph for the office of representative to the Assembly, or for the office of representative to the Assembly for a particular Assembly constituency, is elected as a representative to the Assembly or as a representative for that constituency, as the case may be, his election shall be void.

(5) If a representative to the Assembly becomes disqualified under this paragraph for the office of representative to the Assembly or for the office of representative to the Assembly for the Assembly constituency for which he was elected, 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.