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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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An Act to consolidate certain enactments relating to disqualification for membership of the Northern Ireland Assembly.
[8th May 1975]X1
C1Act amended (2.12.1999) by 1998 c. 47, s. 36(1) (with s. 95); S.I. 1999/3209, art. 2, Sch.
I1Act wholly in force at Royal Assent
X1The text of the Act is based on a reprint (No. 6) printed in pursuance of s. 3(2) and incorporating amendments in force on 1.1.1981
(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 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 or the Ulster Defence Regiment;
(d)is a member of any police force maintained by a police authority;
[F1(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 [F2(other than Ireland)]; or
(f)holds any office described in Part II or Part III 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 [F3the Police Act 1996] or the M1Police (Scotland) Act 1967, or the [F4Northern 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 M2Army Act 1955 [F5or the regular air force as defined by section 223 of the Air Force Act 1955].
(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.
F1S. 1(1)(da) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 30(2); S.I. 1998/354, art. 2(2)(ay)(bb) (subject to art. 8)
F2Words in s. 1(1)(e) inserted (30.11.2000) by 2000 c. 42, s. 1
F3Words in s. 1(2) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 25
F4Words in s. 1(2) substituted (4.11.2001) by 2000 c. 32, s. 79(1), Sch. 6 para. 4(2); S.I. 2001/396, art. 2, Sch.
F5Words in s. 1(2) substituted (11.5.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 5 para. 27
C1S. 1(1)(c) amended (1.7.1992) by 1992 c. 39, ss. 3(4), 5
M11967 c. 77.
M21955 c. 18.
(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 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 [F1,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.
F1Words in s. 2(1)(b) inserted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 16 (with s. 72(5)); 1997/305, art. 2(1)
(1)If at any time it is resolved by 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.
(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.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The enactments specified in Schedule 3 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed, so far as they apply in relation to disqualification for membership of the Northern Ireland Assembly, to the extent specified in the third column of that Schedule.
(3)Nothing in the definition of “regular armed forces of the Crown” in section 1(2) above shall be taken to alter the law in force immediately before the passing of this Act in relation to disqualification for membership of the Northern Ireland Assembly.
F1S. 5(1) repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 15 (with s. 95); S.I. 1999/3209, art. 2, Sch.
C1The text of s. 5, Sch. 2 paras. 1, 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
This Act may be cited as the Northern Ireland Assembly Disqualification Act 1975.
Northern Ireland Assembly Disqualification Act 1975