REPRINT NO. 8
An Act to consolidate certain enactments relating to disqualification for membership of the Northern Ireland Assembly.
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:—
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Disqualification of holders of certain offices and places1 Disqualification of holders of certain offices and places
1 Disqualification of holders of certain offices and places
(1) Subject to the provisions of this Act, a person is disqualified for membership of the Northern Ireland Assembly who for the time being:—
(a) holds any of the judicial offices specified in Part 1 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 within section 1(1)(a) of the Army Act 1992 (c. 39);
(d) is a member of any police force maintained by a police authority;
(da) is a member of the National Criminal Intelligence Service or the National Crime Squad;
(e) is a member of the legislature of any country or territory outside the Commonwealth (other than Ireland); or
(f) holds any office described in Part 2 or 3 of Schedule 1.
(2) 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 Police Act 1996 (c. 16) or the Police (Scotland) Act 1967 (c. 77), or the 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, the regular forces as defined by section 225 of the Army Act 1955 (c. 18) or the regular air force as defined by section 223 of the Air Force Act 1955 (c. 19).
(3) Except as provided by this Act, a person shall not be disqualified for membership of the Northern Ireland Assembly 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 the Assembly.
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Reserve and auxiliary forces, etc.2 Reserve and auxiliary forces, etc.
(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, or former soldier, 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.
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Power to amend Schedule 1
3 Power to amend Schedule 1
(1) If at any time it is resolved by the Northern Ireland Assembly 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.
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Relaxation of obligation to accept office4 Relaxation of obligation to accept office
(1) No person being a member of the Northern Ireland Assembly, or for the time being nominated as a candidate for election to the Assembly, shall be required to accept any office or place by virtue of which he would be disqualified by this Act for membership of the Assembly.
(2) This section does not affect any obligation to serve in the armed forces of the Crown, whether imposed by an enactment or otherwise.
6 Short title
This Act may be cited as theNorthern Ireland Assembly Disqualification Act 1975.
SCHEDULE 1
Offices disqualifying for membership
Part 1
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 Sheriff Courts (Scotland) Act 1907 (c. 51), or Temporary Sheriff Principal or Temporary Sheriff appointed under the Sheriff Courts (Scotland) Act 1971 (c. 58).
County Court Judge or deputy County Court Judge in Northern Ireland.
Member of the Immigration Services Tribunal.
District Judge (Magistrates' Courts) (but not Deputy District Judge Magistrates' Courts).
Stipendiary Magistrate in Scotland.
Resident Magistrate appointed under the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 (c. 13 (N.I.)) or the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)).
Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991 (c. 48)).
Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991 (c. 48)).
Chief or other Social Security Commissioner (not including a deputy Commissioner).
Chief or other Social Security Commissioner for Northern Ireland (not including a deputy Commissioner).
Umpire or Deputy Umpire appointed under Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) for the purposes of section 9 of that Act.
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Bodies of which all members are disqualifiedPart 2
Bodies of which all members are disqualified
The Advisory Board for the Research Councils.
The Agrment Board.
The Aircraft and Shipbuilding Industries Arbitration Tribunal.
An Arbitration Tribunal established under Schedule 3 to the Industry Act 1975 (c. 68) .
The Authorised Conveyancing Practitioners Board.
The British Coal Corporation.
The British Railways Board.
British Shipbuilders.
The British Waterways Board.
The Broadcasting Standards Commission.
The Cable Authority.
The Care Council for Wales.
The Central Police Training and Development Authority.
The Channel Four Television Corporation.
The Civil Aviation Authority.
The Coal Authority.
The Commission for Health Improvement.
The Commission for Local Administration in England.
The Commission for Local Administration in Wales.
The Commission for Racial Equality.
The Competition Commission.
The Copyright Tribunal.
The Council for the Regulation of Health Care Professionals.
The Council on Tribunals.
The Criminal Cases Review Commission.
The Crown Agents Holding and Realisation Board.
The Crown Estate Commissioners.
A development agency established under section 1 of the Regional Development Agencies Act 1998 (c. 45).
The Disability Living Allowance Advisory Board.
The Disability Living Allowance Advisory Board for Northern Ireland.
The Disability Rights Commission.
The Electoral Commission.
Enterprise Ulster.
The Environment Agency.
The Equality Commission for Northern Ireland.
The Equal Opportunities Commission.
The Fair Employment Tribunal for Northern Ireland.
The Fire Authority for Northern Ireland.
Food from Britain.
The Food Standards Agency.
The Football Licensing Authority.
The Foreign Compensation Commission.
The General Social Care Council.
The Health and Safety Executive for Northern Ireland.
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