House of Commons Disqualification Act 1975
1975 c. 24
X1An Act to consolidate certain enactments relating to disqualification for membership of the House of Commons.
I1Be 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:—
The originating text of this Act on SLD is derived from Reprint No. 12, containing those amendments that were in force on 1.1.1991
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 House of Commons who for the time being—
F1za
is a Lord Spiritual;
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;
d
is a member of any police force maintained by F340a local policing body or a police authority;
F3da
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
is a member of the legislature of any country or territory outside the Commonwealth F4(other than Ireland); or
f
holds any office described in Part II or Part III of Schedule 1.
2
A person who for the time being holds any office described in Part IV of Schedule 1 is disqualified for membership of the House of Commons for any constituency specified in relation to that office in the second column of Part IV.
3
In this section—
“civil service of the Crown” includes the civil service of Northern Ireland F320..., Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
“police authority” means any police authority within the meaning of F5the Police Act 1996F400, the Scottish Police Authority, or the F6Northern 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, F7the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.
4
Except as provided by this Act, a person shall not be disqualified for membership of the House of Commons 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 that House.
2 Ministerial offices.
1
Not more than ninety-five persons being the holders of offices specified in Schedule 2 to this Act (in this section referred to as Ministerial offices) shall be entitled to sit and vote in the House of Commons at any one time.
2
If at any time the number of members of the House of Commons who are holders of Ministerial offices exceeds the number entitled to sit and vote in that House under subsection (1) above, none except any who were both members of that House and holders of Ministerial offices before the excess occurred shall sit or vote therein until the number has been reduced, by death, resignation or otherwise, to the number entitled to sit and vote as aforesaid.
3
A person holding a Ministerial office is not disqualified by this Act by reason of any office held by him ex officio as the holder of that Ministerial office.
3 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 F8, 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.
4 Stewardship of Chiltern Hundreds, etc.
For the purposes of the provisions of this Act relating to the vacation of the seat of a member of the House of Commons who becomes disqualified by this Act for membership of that House, the office of steward or bailiff of Her Majesty’s three Chiltern Hundreds of Stoke, Desborough and Burnham, or of the Manor of Northstead, shall be treated as included among the offices described in Part III of Schedule 1 to this Act.
5 Power to amend Schedule 1.
1
If at any time it is resolved by the House of Commons 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.
6 Effects of disqualification and provision for relief.
1
Subject to any order made by the House of Commons under this section—
a
if any person disqualified by this Act for membership of that House, or for membership for a particular constituency, is elected as a member of that House, or as a member for that constituency, as the case may be, his election shall be void; and
b
if any person being a member of that House becomes disqualified by this Act for membership, or for membership for the constituency for which he is sitting, his seat shall be vacated.
C2C32
If, in a case falling or alleged to fall within subsection (1) above, it appears to the House of Commons that the grounds of disqualification or alleged disqualification under this Act which subsisted or arose at the material time have been removed, and that it is otherwise proper so to do, that House may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section.
C2C33
No order under subsection (2) above shall affect the proceedings on any election petition or any determination of an election court, and this subsection shall have effect subject to the provisions of section 144(7) of the M1Representation of the People Act 1983 (making of an order by the House of Commons when informed of a certificate and any report of an election court).
C2C34
In any case where, by virtue of the M2Recess Elections Act 1975, the Speaker of the House of Commons would be required to issue during a recess of that House a warrant for a new writ for election of a member, in the room of a member becoming disqualified by this Act, he may, if it appears to him that an opportunity should be given to that House to consider the making of an order under subsection (2) above, defer the issue of his warrant pending the determination of that House.
C4C57 Jurisdiction of Privy Council as to disqualification.
1
Any person who claims that a person purporting to be a member of the House of Commons is disqualified by this Act, or has been so disqualified at any time since his election, may apply to Her Majesty in Council, in accordance with such rules as Her Majesty in Council may prescribe, for a declaration to that effect.
2
Section 3 of the M3Judicial Committee Act 1833 (reference to the Judicial Committee of the Privy Council of appeals to Her Majesty in Council) shall apply to any application under this section as it applies to an appeal to Her Majesty in Council from a court.
3
Upon any such application the person in respect of whom the application is made shall be the respondent; and the applicant shall give such security for the costs of the proceedings, not exceeding £200, as the Judicial Committee may direct.
4
For the purpose of determining any issue of fact arising on an application under this section the Judicial Committee may direct the issue to be tried—
a
if the constituency for which the respondent purports to be a member is in England or Wales, in the High Court;
b
if that constituency is in Scotland, in the Court of Session;
c
if that constituency is in Northern Ireland, in the High Court in Northern Ireland;
and the decision of that Court shall be final.
5
A declaration under this section may be made in respect of any person whether the grounds of the alleged disqualification subsisted at the time of his election or arose subsequently; but no such declaration shall be made—
a
in the case of disqualification incurred by any person on grounds which subsisted at the time of his election, if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue;
b
in the case of disqualification incurred by any person on any grounds, if an order has been made by the House of Commons under section 6(2) above directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.
8 Relaxation of obligation to accept office.
1
No person being a member of the House of Commons, or for the time being nominated as a candidate for election to that House, shall be required to accept any office or place by virtue of which he would be disqualified by this Act for membership of that House, or for membership of that House for the constituency for which he is sitting or is a candidate.
2
This section does not affect any obligation to serve in the armed forces of the Crown, whether imposed by an enactment or otherwise.
9 Interpretation.
In this Act—
“Minister of State” means a member of Her Majesty’s Government in the United Kingdom who neither has charge of any public department nor holds any other of the offices specified in Schedule 2 to this Act or any office in respect of which a salary is payable out of money provided by Parliament under section 3(1)(b) of the M4Ministerial and other Salaries Act 1975;
“Parliamentary Secretary” includes a person holding Ministerial office (however called) as assistant to a Member of Her Majesty’s Government in the United Kingdom, but not having departmental responsibilities.
F910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Short title and extent.
1
This Act may be cited as the House of Commons Disqualification Act 1975.
2
This Act extends to Northern Ireland.
SCHEDULES
SCHEDULE 1 Offices disqualifying for membership
Part I Judicial offices
F10Judge of the Supreme Court.
Judge of the High Court of Justice or Court of Appeal.
F11Judge of the Court of Session, or Temporary Judge appointed under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
Judge of the High Court of Justice or Court of Appeal in Northern Ireland.
F12Judge of the Court 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 F13part-time sheriff appointed under the M6Sheriff Courts (Scotland) Act 1971.
County Court Judge or deputy County Court Judge in Northern Ireland.
F14District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)).
F15District judge (magistrates' courts), or deputy district judge (magistrates' courts), in Northern Ireland.
Stipendiary Magistrate in Scotland.
F16...
F17...
F18Chief or other Child Support Commissioner for Northern Ireland F19or deputy Child Support Commissioner for Northern Ireland.
Chief or other Social Security Commissioner F20(not including a deputy Commissioner).
F21Chief or other Social Security Commissioner for Northern Ireland F22or deputy Social Security Commissioner for Northern Ireland.
F23...
F24...
F404...
X3Part II Bodies of which all members are disqualified
This version of Sch 1 Pt. 2 contains only those entries in force on 1.4.2010 as they stood at that date and reflects insertions, substitutions and repeals made since that date. For information about entries repealed on or before that date and other amendment history, please refer to earlier versions.
F25The Accounts Commission for Scotland.
F407...
F367...
F27The Advisory Council established under section 3 of the Scottish Qualification Authority Act 2002.
F28The Agriculture and Horticulture Development Board.
F382...
F29The Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994.
F376...
An Arbitration Tribunal established under Schedule 3 to the M7Industry Act 1975.
F30The Armed Forces Pay Review Body.
F31The Arts Council of England.
F32The British Railways Board.F383...
F33The British Transport Police Authority.
The British Waterways Board.
F34Bwrdd yr Iaith Gymraeg (the Welsh Language Board).
F35The Care Council for Wales.
F36The Care Quality Commission F372and the Healthwatch England committee .
F37The Central Arbitration Committee.
F38The Channel Four Television Corporation.
F40The Charity Commission for Northern Ireland.
F368...
F358...
F41The Children and Family Court Advisory and Support Service.
The Civil Aviation Authority.
F42The Civil Nuclear Police Authority.
The Civil Service Arbitration Tribunal.
F324The Civil Service Commission
F43The Coal Authority.
F44Commission for Architecture and the Built Environment.
F45The Commission for Equality and Human Rights.
F371The Commission on Human Medicines.
The Commission for Local Administration in England.
F385...
F46The Commission for Victims and Survivors for Northern Ireland.
F47The Committee on Climate Change.
F48The Competition Appeal Tribunal.
F49The Competition Commission.
F412The Competition and Markets Authority.
F50The Competition Service.
F51The Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991.
The Copyright Tribunal.
F52The Council of the Advisory, Conciliation and Arbitration Service.
F377...
The Covent Garden Market Authority.
F53The Criminal Cases Review Commission.
The Crown Estate Commissioners.
F360...
The Development Commission.
A Development Corporation within the meaning of the M8New Towns Act 1981 or the M9New Towns (Scotland) Act 1968.
F380...
F26The Disability Living Allowance Advisory Board for Northern Ireland.
F374The Disclosure and Barring Service.
F54 The Electoral Commission.
F55The Employment Appeal Tribunal.
F56The English Sports Council.
F57The Environment Agency.
F58The Equality Commission for Northern Ireland.
The Fair Employment Tribunal for Northern Ireland.
F59The First-tier Tribunal.
F60The Food Standards Agency.
The Foreign Compensation Commission.
F26The Forestry Commissioners.
F61The Gambling Commission.
F62Gangmasters Licensing Authority.
F63The Gas and Electricity Markets Authority.
F369...
F370The Health and Care Professions Council
The Health and Safety Executive.
F387The Health and Social Care Information Centre.
F64The Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland.
F331Healthcare Improvement Scotland.
Highlands and Islands Enterprise.
F65The Homes and Communities Agency.
F66The Horserace Betting Levy Appeal Tribunal for England and Wales.
The Human Fertilisation and Embryology Authority.
F67The Human Tissue Authority.
F68The Independent Commission for Police Complaints for Northern Ireland.F69The Independent Parliamentary Standards Authority.
F70The Independent Police Complaints Commission.
An Industrial Court established in Northern Ireland.
The Industrial Injuries Advisory Council.
F345...
F71Invest Northern Ireland.
A Joint Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act F721997.
F73The Judicial Appointments Commission.
The Labour Relations Agency.
The Lands Tribunal for Northern Ireland.
The Lands Tribunal for Scotland.
The Law Commission.
F74The Legal Services Board.
F389...
F342...
F75The Local Government Boundary Commission for England.
The Local Government Boundary Commission for Scotland.
The Local Government Boundary Commission for Wales.
F76The Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998.
F77The Marine Management Organisation.
F339A Mayoral development corporation (see section 198 of the Localism Act 2011).
F78The Mental Health Review Tribunal for Wales
F26The Mental Health Review Tribunal for Northern Ireland.
The Mental Welfare Commission for Scotland.
F348The National Audit Office.
F79The National Consumer Council.
F80The NHS Pay Review Body.
F388...
F386The National Institute for Health and Care Excellence.
F411...
F415...
F81Natural England.
F390The Natural Resources Body for Wales.
The Northern Ireland Housing Executive.
F82 The Northern Ireland Judicial Appointments Commission.
F83The Northern Ireland Law Commission.
F84The Northern Ireland Legal Services Commission.
F85The Northern Ireland Social Care Council.
F86The Nuclear Decommissioning Authority.
F328The Office for Budget Responsibility.
F87The Office of Communications.
F88The Office of Fair Trading.
F361...
F89The Office for Legal Complaints.
F90The Office of Rail Regulation.
F91The Office of the Renewable Fuels Agency.
F92The Office for Standards in Education, Children's Services and Skills.
F346...
The Oil and Pipelines Agency.
F93The Parades Commission for Northern Ireland.
The Parole Board F94. . . .
The Parole Board for Scotland F95. . . .
F96The Board of the Pension Protection Fund.
A Pensions Appeal Tribunal.
F97The Pensions Regulator.
F379...
F98The Planning Appeals Commission constituted under Article 110 of the Planning (Northern Ireland) Order 1991.
A Planning Inquiry Commission constituted under Part III of the M10Town and Country Planning Act 1990.
A Planning Inquiry Commission constituted under F99Part III of the Town and Country Planning (Scotland) Act 1997.
F329...
F100The Prison Service Pay Review Body.
F378The Professional Standards Authority for Health and Social Care
F101A regional committee of the Gas and Electricity Consumer Council established under section 18(2) of the Utilities Act 2000.
F102A regional water authority established in accordance with section 2 of theM11Water Act 1973.F381...
The Review Board for Government Contracts.
F103The Review Body on Doctors and Dentists Remuneration.
F104The Risk Management Authority established under the Criminal Justice (Scotland) Act 2003.
A Rural Development Board.
F105The School Teachers' Review Body.
F106The Scottish Charity Regulator.
F401...
F408...
F107The Scottish Criminal Cases Review Commission.
Scottish Enterprise.
F57The Scottish Environment Protection Agency.
F108The Scottish Further and Higher Education Funding Council.
F347The Scottish Housing Regulator
The Scottish Land Court.
The Scottish Law Commission.
F29The Scottish Legal Aid Board.
F109Scottish Natural Heritage.
F110The Scottish Qualifications Authority.
F111The Scottish Social Services Council.
F112Scottish Water.
The Sea Fish Industry Authority.
F113The Sea Fish Licence Tribunal.
F114The Security Industry Authority.
F115Seirbheis nam Meadhanan Gàidhlig.
F116The Senior Salaries Review Body.
F416...
Sianel Pedwar Cymru.
F331Social Care and Social Work Improvement Scotland.
F359The Social Mobility and Child Poverty Commission
The Social Security Advisory Committee.
F344...
F117The Standards Commission for Scotland.
F118The Statistics Board.
F119The Sustainable Development Commission (an advisory sub-committee of The Sustainable Development Commission Limited).
F29The Training and Employment Agency Advisory Board in Northern Ireland.
The Transport Tribunal.
F120The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.
F121The Tribunal established under section 91 of the Northern Ireland Act 1998.
F323The trustee corporation established by section 75 of the Pensions Act 2008.
F122The Trustees of the National Heritage Memorial Fund.
The United Kingdom Atomic Energy Authority.
F123The United Kingdom Sports Council.
F124The Upper Tribunal.
F125The Valuation Tribunal for England.
F126The Valuation Tribunal Service.
The Water Appeals Commission for Northern Ireland.
F332...
F127The Water Industry Commission for Scotland.
F128The Water Services Regulation Authority.
F409...
F102The Welsh Water Authority.F129The Youth Justice Board for England and Wales.
X2Part III Other disqualifying offices
This version of Sch 1 Pt. 3 contains only those entries in force on 1.4.2010 as they stood at that date and reflects insertions, substitutions and repeals made since that date. For information about entries repealed on or before that date and other amendment history, please refer to earlier versions.
C6F130F131Adjudicator appointed by the Commissioners for Her Majesty's Revenue and Customs
F132Adjudicator appointed under section 25 of the School Standards and Framework Act 1998.
Advocate Depute (not being the Solicitor General for Scotland) appointed by the Lord Advocate.
Ambassador or Permanent Representative to an international organisation representing Her Majesty’s Government in the United Kingdom.
F133Appeal Officer for Community Interest Companies.
F134Assembly Ombudsman for Northern Ireland.
F130Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988.
F135Assessor appointed for the purposes of paragraph 9 of schedule 1 to the Public Appointments and Public Bodies etc (Scotland) Act 2003.
Assessor of Public Undertakings (Scotland).
Assistant Commissioner appointed under Part IV of the M12Local Government Act 1972.
Assistant Commissioner appointed under Part II of the M13Local Government (Scotland) Act 1973.
F136Assistant Electoral Commissioners.
Attorney General of the Duchy of Lancaster.
F321Attorney General for Northern Ireland.
F349...
Auditor of the Court of Session.
F137Auditor General for Scotland.
F138Auditor General for Wales.
Boundary Commissioner or assistant Commissioner appointed under Schedule 1 to the M14Parliamentary Constituencies Act 1986.
F139 Certification Officer or any assistant certification officer.
F140Certification Officer for Northern Ireland appointed under Article 69 of the Industrial Relations (Northern Ireland) Order 1992.
F334Chair of Creative Scotland.
F362Chair or other member of Monitor.
F141Chair of the Northern Ireland Library Authority.
F142Chair or any member, not also being an employee, of the Patient Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
F143Chair or any member, not also being an employee, of the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
F144Chair or any member, not also being an employee, of the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
F145Chair or any member, not also being an employee, of the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
F146Chair of the School Food Trust.
F147Chair or Chief Executive of the Science and Technology Facilities Council.
F148Chair, Deputy Chair or Chief Executive of the Technology Strategy Board.
Chairman or F149Medical Director of the Advisory Committee on F150Clinical Excellence Awards.
F130Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of Schedule 9 to the Agriculture Act 1947.
F151Chairman or deputy chairman of the Agri-Food and Biosciences Institute.
F152Chairman, Deputy Chairman or Chief Executive of the Arts and Humanities Research Council.
F130Chairman or Vice-Chairman of the Arts Council of Northern Ireland.
F130Chairman, Deputy Chairman or Chief Executive of the Biotechnology and Biological Sciences Research Council.
F140Chairman of the Board of Governors of the Commonwealth Institute.
F153Chairman, vice-chairman or ordinary member of the BBC Trust.
Chairman or Director-General of the British Council.
Chairman of the British Library Board.
F154Chairman, or director appointed by the Secretary of State, of CDC Group p.l.c. (formerly the Commonwealth Development Corporation).
F140Chairman of the Chief Executives’ Forum in Northern Ireland.
Chairman or Deputy Chairman of the Civil Service Appeal Board.
F155Chairman of the Committee on Standards in Public Life.
F156Chairman of the Crofters Commission.
F335...
Chairman F157Deputy Chairman or Chief Executive of the Economic and Social Research Council.
F130Chairman, Deputy Chairman or Chief Executive of the Engineering and Physical Sciences Research Council.
F130Chairman or Deputy Chairman of the Financial Reporting Council.
F158Chairman of the Fire and Rescue Service Board.
F140Chairman of Food from Britain.
F337...
Chairman F159... of the General Consumer Council for Northern Ireland.
C7F160Chairman or any member, not being also an employee, of a Health Board F161or a Special Health Board constituted under the M15National Health Service (Scotland) Act 1978.
F394...
F162Chair of the Health and Safety Executive
F163Chairman of the Health and Safety Executive for Northern Ireland.
F164Chairman or non-executive director of a Health and F165Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.
Chairman or Deputy Chairman, in receipt of remuneration, of the Historic Buildings and Monuments Commission for England.
F363...
Paid Chairman of an Industrial Training Board constituted under the M16Industrial Training Act 1964 or the M17Industrial Training Act 1982 or of a committee appointed under either of those Acts or paid Deputy Chairman of such a board.
F366...
F130Chairman of Investors in People UK.
F140Chairman of the Joint Nature Conservation Committee.
Chairman, Vice-Chairman or member of the executive committee of the Land Settlement Association Limited appointed at a salary.
F166Chairman of Learning and Teaching Scotland.
Chairman of the Livestock F167and Meat Commission for Northern Ireland.
Chairman of a local flood defence committee for any district in England and Wales.
Chairman F168or Chief Executive of the Local Government Staff Commission for Northern Ireland.
F169Chairman or any member, not being also an employee, of a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
Chairman F170or any member, not being also an employee, of the Management Committee of the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1978.
F130Chairman, Deputy Chairman or Chief Executive of the Medical Research Council.
F171Chairman of the Museums, Libraries and Archives Council.
F357...
F130Chairman or Director of the National Forest Company.
F373Chairman or non-executive member of the National Health Service Commissioning Board.
F172Chairman or other non-executive director of an NHS foundation trust.
Chairman or F173non-executive director of a National Health Service trust established under F174the National Health Service Act 2006F175or the National Health Service (Wales) Act 2006.
Chairman F176Deputy Chairman or Chief Executive of the Natural Environment Research Council.
Chairman of the Northern Ireland Civil Service Appeal Board.
Chairman of the F177Northern Ireland Clinical Excellence Awards Committee.
F130Chairman of the Northern Ireland Community Relations Council.
F130Chairman of the Northern Ireland Council for the Curriculum, Examinations and Assessment.
F140Chairman of the Northern Ireland Higher Education Council.
F140Chairman of, or secretary to, the Northern Ireland Local Government Officers’ Superannuation Committee.
F178Chairman or vice-chairman of the Northern Ireland Policing Board.
F179Chairman of the Northern Ireland Screen Commission.
Chairman of the Northern Ireland Tourist Board.
F180Chairman, or member in receipt of remuneration, of the Olympic Delivery Authority.
F181Chairman, or member in receipt of remuneration, of the Olympic Lottery Distributor.
Chairman of the Prescription Pricing Authority.
F392...
Chairman of the Probation Board for Northern Ireland.
F182Chairman of a probation trust.
F183Chairman of Quality Meat Scotland.
Chairman of a regional flood defence committee for any area of England and Wales.
F184Chairman or any member, not being also an employee, of any F393... Special Health Authority F185. . .
F335...
Chairman of the F186Scottish Dental Practice Board or a member of that Board appointed at an annual salary.
Chairman F187. . . of the Scottish Sports Council.
Chairman of a special health and social F188care agency established under Article 3 of the M18Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.
Chairman of the Special Hospitals Service Authority.
Chairman or Vice-Chairman of the Sports Council for Northern Ireland.
Chairman or Vice-Chairman of the Sports Council for Wales.
F189Chairman or Chief Executive of the Student Loans Company Limited.
F190Chairman or Chief Executive of the UK Commission for Employment and Skills or a Director or Commissioner of that Commission appointed by the First Minister in Scotland, the First Minister for Wales or a Northern Ireland Minister.
Chairman of the Women’s Royal Voluntary Service.
F130Chairman or Vice-Chairman of the Youth Council for Northern Ireland.
Chief Electoral Officer for Northern Ireland or any whole time officer appointed under section 14A(1) of the M19Electoral Law Act (Northern Ireland) 1962.
Chief executive of F191SITPRO Limited.
F192Chief Executive of The Sustainable Development Commission Limited or a Director appointed by the members of that company or by the Secretary of State, the First Minister in Scotland, the First Minister for Wales or the First Minister and deputy First Minister in Northern Ireland.
F193Chief Inspector of Criminal Justice in Northern Ireland.
F194Chief Inspector of the UK Border Agency.
F195Chief Investigating Officer appointed under section 9 of the Ethical Standards in Public Life etc. (Scotland) Act 2000.
F196Chief Land Registrar.
F197Chief Officer of a community justice authority appointed under section 4(2) of the Management of Offenders etc. (Scotland) Act 2005.
F198The Chief Ombudsman or an assistant ombudsman appointed under section 122 of the Legal Services Act 2007 (Chief Ombudsman and assistant ombudsmen appointed for the purposes of the ombudsman scheme).
F199The Chief Regulator of Qualifications and Examinations F352, the chair of the Office of Qualifications and Examinations Regulation and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration.
F200Children’s Commissioner.
F201Children’s Commissioner for Wales.
F325...
F130Civil Service Commissioner for Northern Ireland.
Clerk or deputy clerk of a district council in Northern Ireland.
Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the M20Local Government Act (Northern Ireland) 1972.
F202Commissioner for Children and Young People for Northern Ireland.
Commissioner of the City of London Police.
F203Commissioner for Older People in Wales.
F130Commissioner for Public Appointments.
F130Commissioner for Public Appointments for Northern Ireland.
F418Commissioner for the Retention and Use of Biometric Material
F204Commissioner for Victims and Witnesses.
Commons Commissioner.
F322Compliance Officer for the Independent Parliamentary Standards Authority.
F355...
Comptroller and Auditor General for Northern Ireland.
Controller of Audit appointed under section 97(4) of the M21Local Government (Scotland) Act 1973.
F205Controller of Audit appointed under paragraph 7(1) of Schedule 1 to the Audit Commission Act 1998.
F333...
F206Coroner, deputy coroner or assistant deputy coroner appointed under the Coroners Act 1988.
F207Coroner or deputy coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959.
F208Coroner of the Queen's household.
F405Senior coroner, area coroner or assistant coroner appointed under Part 1 of the Coroners and Justice Act 2009.
F405Deputy Chief Coroner appointed by the Lord Chancellor under that Part who is not also a senior coroner.
Counsel to the Secretary of State under the M22Private Legislation Procedure (Scotland) Act 1936.
Crown Solicitor for Northern Ireland.
F209 Deputy Electoral Commissioners.
Director of the British Aerospace Public Limited Company appointed subject to the approval of a Minister or government department.
F410...
Director of British Nuclear Fuels F210Limited
F211Director of Caledonian Maritime Assets Limited.
Director of Citybus Limited.
F212Director of any of the following—
- a
a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000 (a licence company);
- b
a company of which a licence company is a subsidiary (within the meaning given by F213section 1159 of the Companies Act 2006;
- c
a company which is a subsidiary (within the meaning so given) of a licence company.
- a
Director of a company for the time being holding an appointment under Chapter I of Part II of the F214Water Industry Act 1991 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 any company in receipt of financial assistance under F215. . . Part III or section 13 of the M23Industrial Development Act 1982, being a director nominated by a Minister of the Crown or government department.
F420Director of a company—
- a
which, within the meaning of Part II of the Railways Act 1993, is a successor company wholly owned by the Crown, F216...
- b
F216...
being a director nominated or appointed by a Minister of the Crown, the Director of Passenger Rail Franchising or any other person acting on behalf of the Crown.
- a
Director nominated by the Secretary of State of any company in respect of which an undertaking to make advances has been given by the Secretary of State under section 2 of the M24Highlands and Islands Shipping Services Act 1960 and is for the time being in force.
F217Director of David MacBrayne Limited.
F218Director of Fair Access to Higher Education.
Director of Flexibus Limited.
F219Director in receipt of remuneration of High Speed Two (HS2) Limited.
F220Director of Highlands and Islands Airports Limited.
F130Any director of Horticulture Research International in receipt of remuneration.
Director of International Military Services Limited.
F391Director of a Local Healthwatch organisation.
F221Director of Middletown Centre for Autism (Holdings) Limited or of Middletown Centre for Autism Limited.
Director of Northern Ireland Railways Company Limited.
Director of the Northern Ireland Transport Holding Company.
F222Director of Northern Ireland Water Limited.
Director of Nuclear Electric p.l.c.
F223Director of Partnerships for Schools Limited.
F224Director of the Pensions Advisory Service Limited.
F330Director of any of the following, being a director appointed or nominated by a Minister of the Crown or by a person acting on behalf of the Crown—
- a
a Post Office company,
- b
a Royal Mail company,
- c
the original holding company, and
- d
a parent company of a company within any of paragraphs (a) to (c).
Expressions used in paragraphs (a) to (d) have the same meaning as in Part 1 of the Postal Services Act 2011.
- a
Director, or Deputy Director, of Public Prosecutions for Northern Ireland.
F225Director of a publicly controlled company (within the meaning of Chapter 2 of Part 1 of the Energy Act 2004) to which transfers have been made in accordance with provisions of nuclear transfer schemes authorised by that Chapter.
F226Director of a publicly owned successor company (within the meaning of the Atomic Energy Authority Act 1995)
Director appointed at a salary of Remploy Limited.
F419Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency.
F227Director of Scottish Futures Trust Limited.
Director of Scottish Nuclear Limited.
F228Director of Service Prosecutions.
F229Director of The Skills Development Scotland Co. Limited.
F230Director of Strategic Investment Board Limited.
F231Director of the successor company (within the meaning of the Crown Agents Act 1995) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown
F232Director of UK Film Council.
F233Director in receipt of remuneration of UK Financial Investments Limited.
Director of Ulsterbus Limited.
F234Director of United Kingdom Anti-Doping Limited appointed by the members of the company.
F395...
F140District judge appointed under section 6 of the County Courts Act 1984.
F356Employee of the National Audit Office.
C8The Governor or Administrator of a F235overseas territory within the meaning of section 50(1) of the M25British Nationality Act 1981.
Governor, Deputy Governor or F384non-executive director of the Bank of England.
Governor, Lieutenant Governor and Secretary, or Captain of Invalids of Chelsea Hospital.
Governor F236. . . or other officer or member of the staff of a prison to which the M26Prison Act (Northern Ireland) 1953 applies.
F403Groceries Code Adjudicator or Deputy Groceries Code Adjudicator.
Health Service Commissioner for England.
F237Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
F238Her Majesty's Chief Inspector of Prisons for England and Wales.
F130Her Majesty’s Chief Inspector of Prisons for Scotland.
F239Her Majesty's Chief Inspector of Probation for England and Wales.
High Commissioner representing Her Majesty’s Government in the United Kingdom.
F240The Immigration Services Commissioner.
F241The Deputy Immigration Services Commissioner.
F242The Independent Case Examiner for the Department for Work and Pensions.
F243The Information Commissioner.
F244Investigating Commissioner of, or member of a decision-making committee of, the Commission for Equality and Human Rights.
Judge Advocate General, Vice Judge Advocate General F245Assistant Judge Advocate General.
F246The Judicial Appointments and Conduct Ombudsman.
Lay observer appointed under Article 42 of the M27Solicitors (Northern Ireland) Order 1976.
F338...
F338...
F364...
Lyon Clerk.
Lyon King of Arms.
Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the M28Agricultural Marketing Act 1958.
Member of an Agricultural Marketing Board appointed under section 3 of the M29Agricultural Marketing Act (Northern Ireland) 1964 or Schedule 2 to the M30Agricultural Marketing (Northern Ireland) Order 1982.
F402...
Member appointed by the F247Scottish Ministers of the Scottish Agricultural Wages Board.
Member appointed by the Head of the Department of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland.
C9 Any member of the Audit Commission for Local Authorities F248and the National Health Service in England F249. . . in receipt of remuneration.
F250Member of Audit Scotland appointed under section 10(2)(c) of the Public Finance and Accountability (Scotland) Act 2000 or member of the staff of Audit Scotland.
F138Member of the staff of the Auditor General for Wales.
F251F252Member of the Big Lottery Fund or of a committee established by the Fund under paragraph 7 of Schedule 4A to the National Lottery Act 1993
Any member in receipt of remuneration of the British Tourist Authority, the English Tourist Board F253or F254VisitScotland.
F255Member of staff of the Children’s Commissioner
F256Member of the staff of the Children’s Commissioner for Wales.
F257Member of staff of the Commissioner for Older People in Wales
F396...
F258Member of the Determinations Panel established by the Pensions Regulator under section 9 of the Pensions Act 2004.
F375Member of the staff of the Disclosure and Barring Service.
F259Member of the staff of the Electoral Commission.
F399Member of the governing body of the Financial Conduct Authority;
F397Member of the Financial Policy Committee of the Bank of England appointed under section 9B(1)(d) or (e) of the Bank of England Act 1998.
F398...
F319...
F130Member of the staff of the Forestry Commissioners.
F260Member, not being also a Forestry Commissioner or officer of the Forestry Commissioners, of a committee appointed for England, Scotland or Wales under section 2(3) of the Forestry Act 1967.
F350...
F261Any member of the General Teaching Council for Wales in receipt of remuneration.
Any member of the Higher Education Funding Council for England in receipt of remuneration.
Any member of the Higher Education Funding Council for Wales in receipt of remuneration.
Member appointed by the Secretary of State of the Horserace Betting Levy Board.
F262Member of the London Transport Users’ Committee in receipt of remuneration.
F263Member of the Monetary Policy Committee of the Bank of England appointed under section 13(2)(b) or (c) of the Bank of England Act 1998.
F355...
F264A member of a committee of the National Consumer Council established under section 1 of, or paragraph 12 of Schedule 1 to, the Consumers, Estate Agents and Redress Act 2007 (territorial and regional committees).
Member of the staff of the Northern Ireland Audit Office.
F265Member of the panel of persons available to serve as chairmen of the Care Tribunal in Northern Ireland.
F266Member of a panel of persons appointed to act as chairmen or other members of industrial tribunals in Northern Ireland.
F267Any member, in receipt of remuneration, of a panel of persons who may be selected to act as members of the Pensions Regulator Tribunal.
Member of a panel of persons appointed under Schedule 10 to the M31Rent Act 1977 to act as chairmen and other members of rent assessment committees.
F268Member of a panel of persons appointed under section 6 of the Social Security Act 1998.
F269Member of a panel of persons appointed under Article 7 of the Social Security (Northern Ireland) Order 1998 to act as members of appeal tribunals.
F270Member of the F271. . . Passengers’ Council in receipt of remuneration.
F272 Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994.
F399Member of the governing body of the Prudential Regulation Authority;
F353...
C10 Any member of a residuary body established by Part VII of the M32Local Government Act 1985 who is in receipt of remuneration.
F272Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994 who is in receipt of remuneration.
F417...
F273Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994.
F140Member of the staff of the State Pathology Service for Northern Ireland.
F351...
Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the M33Local Government, Planning and Land Act 1980).
F354...
F274National Assembly for Wales Commissioner for Standards.
Northern Ireland Commissioner for Complaints.
F275Northern Ireland Human Rights Commissioner.
F276The Northern Ireland Judicial Appointments Ombudsman.
Officer or servant of the Crown Estate Commissioners.
Officer, clerk or servant appointed or employed under section 20 of the M34Greenwich Hospital Act 1865.
Officer of the F277Senior Courts being the holder of any office listed in any Part of Schedule 2 to the F278Senior Courts Act 1981 or a district F279judge of the High Court.
F280Ombudsman for the Board of the Pension Protection Fund and any deputy to that Ombudsman appointed under section 210 of the Pensions Act 2004.
F281Ordinary member of BBC Audience Council England, BBC Audience Council Northern Ireland, BBC Audience Council Scotland or BBC Audience Council Wales.
C11Parliamentary Commissioner for Administration.
F130Parliamentary Commissioner for Standards.
F282Parole Commissioner for Northern Ireland.
F140Pensions Ombudsman F283and any deputy to that Ombudsman appointed under section 145A of the Pension Schemes Act 1993.
Person appointed under section 3(1) of the M35Local Government and Housing Act 1989 to carry out functions relating to the political restriction of posts under local authorities, within the meaning of Part I of that Act.
F341...
F336Person appointed to chair the Sports Grounds Safety Authority.
F284 Person appointed to hear and determine appeals under the M36Trade Marks Act 1994.
Person holding a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part F285or a National Park authority.
F286Person on the list of those eligible to sit as members of a Gender Recognition Panel.
F287The Police Ombudsman for Northern Ireland.
F288President of the Additional Support Needs Tribunal for Scotland.
F268President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act
F130F289President of the Employment Tribunals (England and Wales), F289President of the Employment Tribunals (Scotland)F413Employment Judge, or member of a panel of members of employment tribunals that is not a panel of Employment Judges .
F290President or member of the Mental Health Tribunal for Scotland.
F291President or vice-president of the panel of persons appointed under Schedule 4 to the M37Rent (Scotland) Act 1984 to act as chairmen and other members of F292private rented housing committees.
F293President of appeal tribunals appointed under Article 6 of the Social Security (Northern Ireland) Order 1998.
F294President, or member of a panel of persons appointed to act as chairman or other members, of the Special Educational Needs and Disability Tribunal for Northern Ireland.
F295President of the Special Educational Needs Tribunal for Wales, or member of a panel of persons appointed to act as chairman or other member of that Tribunal.
F296Prisoner Ombudsman for Northern Ireland.
F297Prisons and Probation Ombudsman for England and Wales.
F298Public Services Ombudsman for Wales.
Public Works Loan Commissioner.
Receiver for the Metropolitan Police District.
F299A regional returning officer for the purposes of the Scotland Act 1998.
Registrar of the Privy Council.
F414...
Registration Officer appointed under section 8(2) F300, (2A) or (3) of the M38Representation of the People Act 1983.
F301Regulator of Community Interest Companies.
Rent officer F302or deputy rent officer appointed in pursuance of a scheme under section 63 of the M39Rent Act 1977.
Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him.
F303The reviewer appointed under section 40 of the Justice and Security (Northern Ireland) Act 2007.
F304Scottish Information Commissioner.
F305Scottish Parliamentary Standards Commissioner.
F306Scottish Public Services Ombudsman.
F307Scottish Road Works Commissioner.
F308Sentence Review Commissioner
F309Service Complaints Commissioner.
F406...
F140Social fund Commissioner in Northern Ireland.
Solicitor in Scotland to any department of Her Majesty’s Government in the United Kingdom.
Standing Counsel to any department of Her Majesty’s Government in the United Kingdom.
Statutory officer appointed under section 70 of the M40Judicature (Northern Ireland) Act 1978.
F365Surveillance Camera Commissioner
Traffic commissioner for any area constituted for the purposes of the M41Public Passenger Vehicles Act 1981.
F310Trustee of the Independent Living Fund (2006).
Part IV Offices disqualifying for particular constituencies
Words in Sch. 1 Pt. IV substituted (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 11(3)(a), 19(1)
Words in Sch. 1 Pt. IV substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 99(a)(i); S.I. 1996/323, art. 4(1)(C); and the same words substituted (U.K.) (19.3.1997) by S.I. 1997/861, art. 2, Sch. para. 8(1)(a)
Words in Sch. 1 Pt. IV substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 99(a)(ii); S.I. 1996/323, art. 4(1)(c); and the same words substituted (U.K.) (19.3.1997) by S.I. 1997/861, art. 2, Sch. para. 8(1)(b)
Entry in Sch. 1 Pt. IV repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 99(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2; and the same entry omitted (U.K.) (19.3.1997) by virtue of S.I. 1997/861, art. 2, Sch. para. 7
Words in Sch. 1 Pt. IV repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 99(c)(i); S.I. 1996/323, art. 4(1)(c)(d), Sch. 2; and the same words omitted (U.K.) (19.3.1997) by virtue of S.I. 1997/861, art. 2, Sch. para. 8(2)(a)
The word “city” in Sch. 1 Pt. IV substituted for the word “district” (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 99(c)(ii); S.I. 1996/323, art. 4(1)(c); and the words “the city in” substituted for the words “the district in” (U.K.) (19.3.1997) by S.I. 1997/861, art. 2, Sch. para. 8(2)(b)
Words in Sch. 1 Pt. IV substituted (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 11(3)(b), 19(1)
Office | Constituency |
|---|---|
Member of Her Majesty’s Commission of Lieutenancy for the City of London. | F326Any constituency comprising the whole or part of the City of London. |
Her Majesty’s Lord-Lieutenant or Lieutenant for Greater London. | Any constituency comprising any part of Greater London. |
Her Majesty’s Lord-Lieutenant or Lieutenant for a county in England and Wales. | Any constituency comprising the whole or part of the area for which he is appointed. |
Her Majesty’s Lord-Lieutenant or Lieutenant for F311an area in Scotland. | Any constituency comprising the whole or part of F312the area in which the Lord-Lieutenant holds office or in which the Lord-Lieutenant or Lieutenant discharges his functions. |
F313 . . . | F313 . . . |
Her Majesty’s Lord-Lieutenant or Lieutenant for F314 . . . the city of Aberdeen, Dundee, Edinburgh or Glasgow. | Any constituency comprising the whole or part of F315the city in which the Lord-Lieutenant holds office or for which the Lieutenant is appointed. |
Her Majesty’s Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland. | Any constituency comprising the whole or part of the area for which he is appointed. |
Governor of the Isle of Wight. | F327Any constituency comprising any part of the Isle of Wight. |
The High Sheriff of Greater London. | Any constituency comprising any part of Greater London. |
High Sheriff of a county in England and Wales. | Any constituency comprising the whole or part of the area for which he is appointed. |
SCHEDULE 2 Ministerial Offices
Prime Minister and First Lord of the Treasury.
Lord President of the Council.
Lord Privy Seal.
Chancellor of the Duchy of Lancaster.
Paymaster General.
Secretary of State.
Chancellor of the Exchequer.
F316 . . .
President of the Board of Trade.
Minister of State.
Chief Secretary to the Treasury.
Minister in charge of a public department of Her Majesty’s Government in the United Kingdom (if not within the other provisions of this Schedule).
Attorney General.
F317 . . .
Solicitor General.
F318Advocate General for Scotland
F317 . . .
Parliamentary Secretary to the Treasury.
Financial Secretary to the Treasury.
Parliamentary Secretary in a Government Department other than the Treasury, or not in a department.
Junior Lord of the Treasury.
Treasurer of Her Majesty’s Household.
Comptroller of Her Majesty’s Household.
Vice-Chamberlain of Her Majesty’s Household.
Assistant Government Whip.
Act wholly in force at Royal Assent