1 Disqualification of holders of certain offices and places.U.K.

(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;

(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, 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 M1Police Act 1964 or the M2Police (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 M3Army Act 1955, the regular air force as defined by section 223 of the M4Air Force Act 1955, Queen Alexandra’s Royal Naval Nursing Service and the Women’s Royal Naval Service.

(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.

2 Reserve and auxiliary forces, etc.U.K.

(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 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.

3 Power to amend Schedule 1.U.K.

(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.

4 Relaxation of obligation to accept office.U.K.

(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.

X25 Consequential amendments and repeals.U.K.

(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.

6 Short title.U.K.

This Act may be cited as the Northern Ireland Assembly Disqualification Act 1975.

SCHEDULES

Sections 1 and 3.

SCHEDULE 1U.K. OFFICES DISQUALIFYING FOR MEMBERSHIP

Part I U.K. 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 M5Sheriff Courts (Scotland) Act 1907, or Temporary Sheriff Principal or Temporary Sheriff appointed under the M6Sheriff Courts (Scotland) Act 1971.

• County Court Judge or deputy County Court Judge in Northern Ireland.

• Stipendiary Magistrate within the meaning of the Justices of the M7Peace Act 1949.

• Stipendiary Magistrate in Scotland.

• Resident Magistrate appointed under the M8Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 or the M9Magistrates’ Courts Acts (Northern Ireland) 1964.

• Chief or other Social Security Commissioner (excluding a person appointed in pursuance of section 13(5) of the M10Social Security Act 1980).

• Chief or other Social Security Commissioner for Northern Ireland (excluding a person appointed in pursuance of section 13(5) of the Social Security Act 1980).

• [F1Umpire or Deputy Umpire appointed under Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 for the purposes of section 9 of that Act].

Part IIU.K. BODIES OF WHICH ALL MEMBERS ARE DISQUALIFIED

• The Advisory Board for the Research Councils.

• The Agrement Board.

• The Aircraft and Shipbuilding Industries Arbitration Tribunal.

• An Arbitration Tribunal established under Schedule 3 to the M11Industry Act 1975.

• The Attendance Allowance Board for Northern Ireland.

• [F2The Authorised Conveyancing Practitioners Board]

• F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F5The British Coal Corporation]

• F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• The British Railways Board.

• British Shipbuilders.

• F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• The British Waterways Board.

• [F8The Broadcasting Complaints Commission.]

• [F9The Broadcasting Standards Council]

• [F10The Building Societies Commission]

• [F11The Cable Authority]

• F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• The Civil Aviation Authority.

• The Commission for Local Administration in England.

• The Commission for Local Administration in Wales.

• The Commission for Racial Equality.

• The Commonwealth Development Corporation.

• F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F14The Copyright Tribunal]

• The Council on Tribunals.

• The Crown Agents for Oversea Governments and Administrations.

• The Crown Estate Commissioners.

• [F15The Data Protection Tribunal]

• [F16The Eggs Authority]

• Enterprise Ulster.

• The Equal Opportunities Commission.

• The Equal Opportunities Commission for Northern Ireland.

• F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F18The Fair Employment Commission for Northern Ireland]

• [F18The Fair Employment Tribunal for Northern Ireland]

• The Fire Authority for Northern Ireland.

• [F19Food from Britain]

• [F20The Football Licensing Authority]

• The Foreign Compensation Commission.

• [F21The Gas Consumers’ Council]

• The Health and Safety Agency for Northern Ireland.

• F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• The Home-Grown Cereals Authority.

• [F23The Human Fertilisation and Embryology Authority]

• The Immigration Appeal Tribunal.

• [F24The Independent Broadcasting Authority.]

• [F25The Independent Commission for Police Complaints for Northern Ireland]

• [F26The Independent Television Commission]

• An Industrial Court.

• [F27The Industrial Development Board for Northern Ireland]

• The Industrial Estates Corporations constituted in accordance with the M12Local 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 Labour Relations Agency.

• [F28The Laganside Corporation]

• The Lands Tribunal.

• The Lands Tribunal for Northern Ireland.

• The Lands Tribunal for Scotland.

• The Law Commission.

• The Livestock Marketing Commission for Northern Ireland.

• [F29The Lord Chancellor’s Advisory Committee on Legal Education and Conduct]

• A Medical Appeal Tribunal constituted for the purposes of Part III of the M13Social Security (Northern Ireland) Act 1975 including 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 M14Medicines Act 1968.

• [F30The Mental Health Commission for Northern Ireland]

• The Mental Health Review Tribunal for Northern Ireland constituted under the M15Mental Health Act (Northern Ireland) 1961.

• The Metrication Board.

• The Ministry of Defence (Army Department) Teachers Selection Board.

• The Monopolies and Mergers Commission.

• A National Broadcasting Council.

• F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• The National Enterprise Board.

• The National Film Finance Corporation.

• The National Research Development Corporation.

• [F32The National Rivers Authority]

• A New Town Commission established under the M16New Towns Act (Northern Ireland) 1965.

• F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F35Northern Ireland Electricity]

• The Northern Ireland Housing Executive.

• The Occupational Pensions Board.

• [F36The Oil and Pipelines Agency]

• [F37A panel of Chairmen of Reinstatement Committees constituted under Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 for the purposes of section 8 of that Act]

• The Panel of Official Arbitrators constituted for the purposes of the M17Acquisition of Land (Assessment of Compensation) Act 1919.

• A Pensions Appeal Tribunal.

• F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• The Planning Appeals Commission in Northern Ireland.

• The Police Authority for Northern Ireland.

• [F40The Police Complaints Authority]

• F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F43The Probation Board for Northern Ireland]

• [F44The Radio Authority]

• The Restrictive Practices Court.

• The Review Board for Government Contracts.

• A Rural Development Board in Northern Ireland.

• The Scottish Committee of the Council on Tribunals.

• The Scottish Land Court.

• The Scottish Law Commission.

• [F45The Sea Fish Industry Authority]

• The Social Security Advisory Committee.

• The Transport Tribunal.

• A tribunal established under section 13 of the M18Industrial Training Act (Northern Ireland) 1964, including any panel constituted for the purposes of any such tribunal.

• [F46The Tribunal established under the Security Service Act 1989]

• The Tribunal established under Part II of the M19Wireless Telegraphy Act 1949.

• The United Kingdom Atomic Energy Authority.

• The University Grants Committee.

• A Value Added Tax Tribunal.

• The Water Appeals Commission for Northern Ireland.

• F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIU.K. OTHER DISQUALIFYING OFFICES

• Additional Commissioner of the Commission for Racial Equality.

• Additional Commissioner of the Equal Opportunities Commission.

• Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.

• Adjudicator appointed for the purposes of the M20Immigration Act 1971.

• Agent for Northern Ireland in Great Britain.

• Ambassador representing Her Majesty’s Government in the United Kingdom.

• Arbitrator or other person appointed to hear a dispute under any of the following enactments—

  • [F48Article 43 of the M21Roads (Northern Ireland) Order 1980]

  • The M22Drainage (Northern Ireland) Order 1973.

• Auditor of the Civil List.

• Boundary Commissioner or Assistant Boundary Commissioner appointed under [F49Schedule 1 to the Parliamentary Constituencies Act 1986].

• Chairman of the Advisory Committee on Distinction Awards in Northern Ireland.

• F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Chairman or Director General of the British Council.

• F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F52Chairman of a consumers’ committee appointed under section 2 of the Electricity Act 1989]

• [F53Chairman of a customer service committee established under section 6 of the Water Act 1989]

• [F54Chairman of a designated agency within the meaning of the Financial Services Act 1986 if he is in receipt of renumeration]

• F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Chairman of the Fisheries Conservancy Board for Northern Ireland.

• [F56Chairman and deputy chairman of the General Consumer Council for Northern Ireland]

• Chairman of a Health and Social Services Board established under Article 16 of the M23Health and Personal Social Services (Northern Ireland) Order 1972.

• [F57Chairman of the Legal Aid Board]

• Chairman of the Local Government Staff Commission for Northern Ireland.

• Paid Chairman of an industrial training board constituted under the Industrial Training [F58(Northern Ireland) Order 1984]or of a committee appointed under [F58that Order].

• F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Chairman of the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland.

• Chairman of the Northern Ireland Central Services Agency for the Health and Social Services.

• F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F61Chairman of the Northern Ireland Health and Social Services Training Council]

• Chairman of the Northern Ireland Tourist Board.

• [F62Paid Chairman or other paid member of the Northern Ireland Training [F63Authority].]

• Chairman or director of the Northern Ireland Transport Holding Company, or of any company which is a subsidiary of that Company.

• Any Chairman of the Plant Varieties and Seeds Tribunal.

• [F64Chairman of the Scottish Legal Aid Board]

• Chairman of the Staff Commission for Education and Library Boards in Northern Ireland.

• F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F66Chairman of a transferee body within the meaning of Schedule 11 to the Financial Services Act 1986 if he is in receipt of remuneration.]

• Chief Electoral Officer or Deputy Electoral Officer for Northern Ireland.

• Chief executive of the National Enterprise Board.

• Clerk of the Crown and Peace in Northern Ireland.

• Clerk or deputy clerk of a district council in Northern Ireland.

• Clerk or Assistant Clerk of Petty Sessions in Northern Ireland.

• Commissioner for Local Administration in Scotland.

• Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the M24Local Government Act (Northern Ireland) 1972.

• Commissioner of the City of London Police.

• Commissioner or Assistant Commissioner of Police of the Metropolis.

• [F67Commissioner for the Rights of Trade Union Members.]

• Comptroller and Auditor General.

• Comptroller and Auditor-General for Northern Ireland.

• Coroner or deputy coroner appointed for any district in Northern Ireland.

• Correspondent appointed by the Commissioners of Customs and Excise.

• Crown Solicitor for Northern Ireland.

• [F68The Data Protection Registrar]

• Director of the British Sugar Corporation Limited appointed by the Ministers as defined by section 17 of the M25Sugar Act 1956.

• Director of Cable and Wireless Limited [F69nominated by a Minister of the Crown or Government department].

• [F70Director of a company for the time being holding an appointment under Chapter I of Part II of the Water Act 1989 or of such a company’s holding company, being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.]

• Director of Harland and Wolff Limited.

• Director of Short Brothers Limited.

• Director appointed at a salary of the National Building Agency.

• Director, or Deputy Director, of Public Prosecutions for Northern Ireland.

• Director of S.B. (Realisations) Limited nominated or appointed by a Minister of the Crown or government department.

• Director or receiver appointed by the Department or Ministry of Finance for Northern Ireland of any company.

• [F71Director or receiver of any company in receipt of financial assistance under Part III of the Industrial Development (Northern Ireland) Order 1982, being a director or receiver nominated or appointed by a head of a department or department of the Government of Northern Ireland.]

• Director of the Holding Company referred to in the M26Transport Act 1962.

• [F72Director of the successor company (within the meaning of the Aiports Act 1986) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown]

• [F73Director of the successor company (within the meaning of the British Steel Act 1988) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown]

• [F74Director of a successor company (within the meaning of Part II of the Electricity Act 1989), being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown]

• [F75Director of the successor company (within the meaning of the Gas Act 1986), being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown]

• [F76Director of the successor company (within the meaning of Part V of the Telecommunications Act 1984, being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown]

• [F77Director General of Electricity Supply]

• Director General of Fair Trading.

• [F78Director General of Gas Supply]

• [F79Director General of Telecommunications]

• [F80Director General of Water Services]

• Examiner or member of a board of interviewers appointed by the Civil Service Commissioners.

• Examiner for entrance examination to, or member of a board of interviewers for entrance to, the civil service of Northern Ireland.

• Governor of the British Broadcasting Corporation.

• Governor, Deputy Governor or Director of the Bank of England.

• Governor, Lieutenant Governor and Secretary, or Captain of Invalids of Chelsea Hospital.

• Governor, Medical Officer or other officer or member of the staff of a prison to which the M27Prison Act (Northern Ireland) 1953 applies.

• Health Service Commissioner for England.

• Health Service Commissioner for Scotland.

• Health Service Commissioner for Wales.

• High Commissioner representing Her Majesty’s Government in the United Kingdom.

• Independent person appointed under section 7(3) or section 8(4) of the M28Caravans Act (Northern Ireland) 1963.

• Industrial Assurance Commissioner or Deputy Industrial Assurance Commissioner appointed under the M29Industrial Assurance Act (Northern Ireland) 1924.

• Judge Advocate of the Fleet.

• Judge Advocate General, Vice Judge Advocate General, Assistant Judge Advocate General or Deputy Judge Advocate.

• Juries Officer.

• Lay observer appointed under Article 42 of the M30Solicitors (Northern Ireland) Order 1976.

• [F81The Legal Services Ombudsman]

• Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the M31Agricultural Marketing Act 1958.

• [F82Member appointed by the Head of the Department of Agriculture of an Agricultural Marketing Board constituted under Part II of the Agricultural Marketing (Northern Ireland) Order 1982.]

• Member appointed by the Minister of Agriculture, Fisheries and Food of the Agricultural Wages Board for England and Wales or of an agricultural wages committee established under the M32Agricultural Wages Act 1948 or chairman of such a committee.

• Member appointed by the Secretary of State of the Scottish Agricultural Wages Board.

• Member appointed by the Head of the Department or Minister of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland.

• [F83Any member of the Financial Services Tribunal in receipt of remuneration]

• [F84Any member of the Insolvency Practitioners Tribunal in receipt of remuneration.]

• [F85Member of the Legal Aid Board].

• [F86Member of the staff of the National Audit Office]

• [F87Member of the Staff of the Northern Ireland Audit Office]

• Member of a panel of valuers appointed at an annual salary under section 4 of the M33Inland Revenue Regulation Act 1890.

• [F88Member of a Wages Council appointed under paragraph 1(b) of Schedule 2 to the Wages Act 1986]

• [F89Member of a Wages Council appointed under paragraph 1(b) of Schedule 2 to the Wages (Northern Ireland) Order 1988]

• Northern Ireland Commissioner for Complaints.

• Northern Ireland Parliamentary Commissioner for Administration.

• F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District.

• Officer or other member of the County Court Service within the meaning of the M34County Courts Act (Northern Ireland) 1959.

• Officer or servant of the Crown Estate Commissioners.

• Officer of the Supreme Court [F91being the holder of any office listed in any Part of Schedule 2 to the Supreme Court Act 1981 or a district registrar, or assistant district registrar, of the High Court]

• Parliamentary Commissioner for Administration.

• [F92The President of Social Security Appeal Tribunals and Medical Appeal Tribunals for Northern Ireland.]

• [F92A full-time Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals for Northern Ireland.]

• Receiver for the Metropolitan Police District.

• [F93Registrar or Assistant Registrar appointed under section 6 or section 7 of the County Courts Act 1984]

• Registrar or Assistant Registrar of Friendly Societies.

• Registrar of the Privy Council.

• Registrar of Public Lending Right.

• Standing Counsel to any department of Her Majesty’s Government in the United Kingdom.

• Statutory officer appointed under section 70 of the M35Judicature (Northern Ireland) Act 1978.

• Substitution Officer of the Royal Air Force.

• Technical Adviser to the Commissioners of Customs and Excise.

• Under-sheriff appointed under section 1 of the M36Sheriffs (Ireland) Act 1920.

Section 5(1)

SCHEDULE 2U.K. Consequential Amendments

The Northern Ireland Assembly Act 1973U.K.

X31In section 3 (1) and (4)(b) of the M37Northern Ireland Assembly Act 1973, as amended by section 30 (3) of the M38Northern Ireland Constitution Act 1973, for the words “1957” there shall be substituted “1975”.

X42In section 3 (3) of the Northern Ireland Assembly Act 1973 for the words “by this section”, in paragraphs (a) and (c), there shall be substituted —

(a)in paragraph (a), the words “by this section, or by the Northern Ireland Assembly Disqualification Act 1975” , and

(b)in paragraph (c), the words “by this section, or by that Act”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F943

F95SCHEDULE 3U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .