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Northern Ireland Assembly Disqualification Act 1975

Consolidated Text As Enacted Cited authorities 47 Cited in Related
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Northern Ireland AssemblyDisqualification Act 1975

1975 CHAPTER 25

An Act to consolidate certain enactments relating to disqualification for membership of the Northern Ireland Assembly.

[8th May 1975]

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:—

S-1 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 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;

(d ) is a member of any police force maintained by a police authority;

(e ) is a member of the legislature of any country or territory outside the Commonwealth; 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, 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 1964 or the Police (Scotland) Act 1967 , or the Police Authority for Northern Ireland; 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 , the regular air force as defined by section 223 of the Air Force Act 1955 , the Women's Royal Naval Service, Queen Alexandra's Royal Naval Nursing Service and Voluntary Aid Detachments serving with the Royal Navy.

(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.

S-2 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 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.

S-3 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.

S-4 Relaxation of obligation to accept office.

4 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.

S-5 Consequential amendments and repeals.

5 Consequential amendments and repeals.

(1) The consequential amendments set out in Schedule 2 to this Act shall have effect.

(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.

S-6 Short title.

6 Short title.

6. This Act may be cited as theNorthern Ireland Assembly Disqualification Act 1975.

SCHEDULES

SCHEDULE 1

offices disqualifying for membership

I judicial offices

Part I

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, or Temporary Sheriff Principal or Temporary Sheriff appointed under the Sheriff Courts (Scotland) Act 1971.

County Court Judge or Temporary County Count Judge in Northern Ireland within the meaning of the Government of Ireland Act 1920, or the deputy of such a Judge.

Stipendiary Magistrate within the meaning of the Justices of the Peace Act 1949.

Stipendiary Magistrate in Scotland.

Resident Magistrate appointed under the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935or the Magistrates' Courts Act (Northern Ireland) 1964.

Chief or other National Insurance Commissioner.

Chief or other National Insurance Commissioner for Northern Ireland.

Umpire or Deputy Umpire appointed for the purposes of section 43 of the National Service Act 1948.

II bodies of which all members are disqualified

Part II

bodies of which all members are disqualified

The Advisory Board for the Research Councils.

The Agrment Board.

The Attendance Allowance Board for Northern Ireland.

The British Airways Board.

The British Railways Board.

The British Transport Docks Board.

The British Waterways Board.

The Central Council for Agricultural and Horticultural Co-operation.

The Civil Aviation Authority.

The Commission for Local Administration in England.

The Commission for Local Administration in Wales.

The Commonwealth Development Corporation.

The Council on Tribunals.

The Crown Agents for Oversea Governments and Administrations.

The Crown Estate Commissioners.

The Eggs Authority.

Enterprise Ulster.

The Fire Authority for Northern Ireland.

The Foreign Compensation Commission.

The Freight Integration Council.

The Herring Industry Board.

The Home-Grown Cereals Authority.

The Immigration Appeal Tribunal.

The Independent Broadcasting Authority.

The Industrial Arbitration Board.

An Industrial Court.

The Industrial Estates Corporations constituted in accordance with the Local Employment Act 1972.

The Industrial Injuries Advisory Council.

The Intervention Board for Agricultural Produce and every committee of the Board performing functions of the Board.

The Lands Tribunal.

The Lands Tribunal for Northern Ireland.

The Lands Tribunal for Scotland.

The Law Commission.

The Livestock Marketing Commission for Northern Ireland.

A Medical Appeal Tribunal constituted for the purposes of Part III of the Social Security (Northern Ireland) Act 1975including any panel constituted for the purposes of any such Tribunal.

A Medical Board constituted for the purposes of Part III of the Social Security (Northern Ireland) Act 1975 including any panel constituted for the purposes of any such Board.

The Medicines Commission and any committee established under section 4 of the Medicines Act 1968.

The Mental Health Review Tribunal for Northern Ireland constituted under the Mental Health Act (Northern Ireland) 1961.

The Metrication Board.

The Ministry of Defence (Army...

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