Disqualifications Act 2000
| Year | 2000 |
Disqualifications Act 2000
2000 Chapter 42
An Act to remove the disqualification for membership of the House of Commons and the Northern Ireland Assembly of persons who are members of the legislature of Ireland (the Oireachtas); to disqualify for certain offices which may be held by members of the Northern Ireland Assembly persons who are or become Ministers of the Government of Ireland or chairmen or deputy chairmen of committees of the Dil ireann or the Seanad ireann or of joint committees of the Oireachtas; and to make provision with respect to who may be chairman or deputy chairman of a statutory committee of the Assembly or a member of the Northern Ireland Assembly Commission.
[30th November 2000]
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:—
1 Amendment of section 1\(1)\(e) of the Disqualification Acts.
(1) Section 1(1)(e) of the House of Commons Disqualification Act 1975(e) of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of member of the legislature of any country or territory outside the Commonwealth) are amended as follows.
(2) After ‘Commonwealth’ insert ‘(other than Ireland)’.
2 Disqualification for certain offices which may be held by members of the Northern Ireland Assembly.
2. In the Northern Ireland Act 1998, after section 19, insert—
19A ‘Disqualification for certain offices which may be held by members of the Assembly.
(1) No person may—
(a) stand for election as First Minister or as deputy First Minister, or be elected as such,
(b) be nominated to hold a Ministerial office,
(c) be appointed as a junior Minister, or
(d) be nominated under paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 (members of the Northern Ireland Policing Board drawn from the Northern Ireland Assembly),
if he is the holder of a disqualifying office.
(2) A Minister or junior Minister ceases to hold that office on becoming the holder of a disqualifying office.
(3) A person holding office as a member of the Northern Ireland Policing Board in accordance with paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 ceases to hold that office on becoming the holder of a disqualifying office.
(4) In this section ‘disqualifying office’ means—
(a) Minister of the Government of Ireland; or
(b) chairman or deputy chairman of—
(i) a committee of the Dil ireann (House of Representatives of Ireland);
(ii) a committee of the Seanad ireann (Senate of Ireland); or
(iii) a joint committee of the Oireachtas (National Parliament of Ireland).’
3 Disqualification for certain Assembly offices.
(1) In section 29 of the Northern Ireland Act 1998 (statutory committees), after subsection (5) insert—
(5A) A member of the Assembly who is—
(a) a Minister of the Government of Ireland, or
(b) chairman or deputy chairman of—
(i) a committee of the Dil ireann (House of Representatives of Ireland),
(ii) a committee of the Seanad ireann (Senate of Ireland), or
(iii) a joint committee of the Oireachtas (National Parliament of Ireland),
may not be the chairman or deputy chairman of a statutory committee.’
(2) In section 40 of the Northern Ireland Act 1998 (which makes provision as to the Northern Ireland Assembly Commission), after subsection (3) insert—
(3A) A member of the Assembly who is—
(a) a Minister of the Government of Ireland, or
(b) chairman or deputy chairman of—
(i) a committee of the Dil ireann (House of Representatives of Ireland),
(ii) a committee of the Seanad ireann (Senate of Ireland), or
(iii) a joint committee of the Oireachtas (National Parliament of Ireland),
may not be appointed as a member of the Commission.’
4 Consequential repeal.
4. Section 36(5) of the Northern Ireland Act 1998(which has the effect of allowing a member of Seanad ireann to be a member of the Northern Ireland Assembly) is repealed.
5 Short title.
5. This Act may be cited as theDisqualifications Act 2000.
EXPLANATORY NOTES
INTRODUCTION
1. These explanatory notes relate to the Disqualifications Act which received Royal Assent on 30 November 2000. They have been prepared by the Home Office in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.
2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.
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