The Montserrat Constitution Order 1989

Disqualifcations for nominated and elected membership.

28.—(1) No person shall be qualified to be appointed or elected as a member of the Legislative Council who—

(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;

(b) holds or is acting in any public office or in the office of a Judge of the High Court or of the Court of Appeal;

(c) is a minister of religion;

(d) has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged;

(e) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government of Montserrat for or on account of the public service and—

(i) in the case of a nominated member, has not disclosed to the Governor the nature of such contract and his interest, or the interest of such firm or company, therein, or

(ii) in the case of an elected member, has not within one month before the date of election published in the Gazette and in a newspaper circulating in the electoral district for which he seeks election a notice of setting out the nature of such contract and his interest, or the interest of such firm or company, therein;

(f) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Montserrat;

(g) subject to subsection (2) of this section, is under sentence of death imposed on him by a court of law in any country, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(h) is disqualified for membership of the Council by virtue of any law in force in Montserrat relating to offences connected with elections; or

(i) in the case of an elected member, is disqualified for election by any law in force in Montserrat by reason of his holding, or acting in, any office the functions of which involve—

(i) any responsibility for, or in connection with, the conduct of any election; or

(ii) any responsibility for the compilation or revision of any electoral register for the purpose of any election.

(2) For the purposes of subsection (1)(g) of this section—

(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.