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 F317a 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 F297..., 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 1996F376, 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.
C111
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.
C12C112
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.
F415Judge of the Court of Session, or Temporary Judge in Scotland
Judge of the High Court of Justice or Court of Appeal in Northern Ireland.
F11Judge of the Court Martial Appeal Court.
Chairman of the Scottish Land Court.
Circuit Judge.
F416Sheriff principal, sheriff, summary sheriff, temporary sheriff principal, part-time sheriff or part-time summary sheriff in Scotland
County Court Judge or deputy County Court Judge in Northern Ireland.
F12District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)).
F13District judge (magistrates' courts), or deputy district judge (magistrates' courts), in Northern Ireland.
F417...
F14...
F15...
F16Chief or other Child Support Commissioner for Northern Ireland F17or deputy Child Support Commissioner for Northern Ireland.
Chief or other Social Security Commissioner F18(not including a deputy Commissioner).
F19Chief or other Social Security Commissioner for Northern Ireland F20or deputy Social Security Commissioner for Northern Ireland.
F21...
F22...
F380...
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.
F23The Accounts Commission for Scotland.
F383...
F343...
F25The Advisory Council established under section 3 of the Scottish Qualification Authority Act 2002.
F26The Agriculture and Horticulture Development Board.
F358...
F27The Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994.
F352...
An Arbitration Tribunal established under Schedule 3 to the M5Industry Act 1975.
F28The Armed Forces Pay Review Body.
F29The Arts Council of England.
F86The Board of the Pension Protection Fund.
F452Boundaries Scotland
The British Railways Board.
F359...
F30The British Transport Police Authority.
The British Waterways Board.
F31Bwrdd yr Iaith Gymraeg (the Welsh Language Board).
F32The Care Council for Wales.
F33The Care Quality Commission F348and the Healthwatch England committee .
F34The Central Arbitration Committee.
F35The Channel Four Television Corporation.
F37The Charity Commission for Northern Ireland.
F344...
F335...
F38The Children and Family Court Advisory and Support Service.
The Civil Aviation Authority.
F39The Civil Nuclear Police Authority.
The Civil Service Arbitration Tribunal.
F301The Civil Service Commission
F40The Coal Authority.
F41Commission for Architecture and the Built Environment.
F42The Commission for Equality and Human Rights.
F347The Commission on Human Medicines.
The Commission for Local Administration in England.
F361...
F43The Commission for Victims and Survivors for Northern Ireland.
F44The Committee on Climate Change.
F45The Competition Appeal Tribunal.
F398...
F388The Competition and Markets Authority.
F46The Competition Service.
F47The Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991.
F458Consumer Scotland.
The Copyright Tribunal.
F48The Council of the Advisory, Conciliation and Arbitration Service.
F353...
The Covent Garden Market Authority.
F49The Criminal Cases Review Commission.
The Crown Estate Commissioners.
F425Crown Estate Scotland (Interim Management).
F337...
The Development Commission.
A Development Corporation within the meaning of the M6New Towns Act 1981 or the M7New Towns (Scotland) Act 1968.
F356...
F24The Disability Living Allowance Advisory Board for Northern Ireland.
F350The Disclosure and Barring Service.
F50 The Electoral Commission.
F51The Employment Appeal Tribunal.
F52The English Sports Council.
F53The Environment Agency.
F455Environmental Standards Scotland.
F54The Equality Commission for Northern Ireland.
The Fair Employment Tribunal for Northern Ireland.
F55The First-tier Tribunal.
F56The Food Standards Agency.
The Foreign Compensation Commission.
F24The Forestry Commissioners.
F57The Gambling Commission.
F422Gangmasters and Labour Abuse Authority
F58The Gas and Electricity Markets Authority.
F345...
F346The Health and Care Professions Council
The Health and Safety Executive.
F363The Health and Social Care Information Centre.
F59The Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland.
F410Health Education England.
F407The Health Research Authority.
F308Healthcare Improvement Scotland.
Highlands and Islands Enterprise.
F60The Homes and Communities Agency.
F61The Horserace Betting Levy Appeal Tribunal for England and Wales.
The Human Fertilisation and Embryology Authority.
F62The Human Tissue Authority.
The Independent Commission for Police Complaints for Northern Ireland.
F448The Independent Monitoring Authority for the Citizens' Rights Agreements.
F436The Independent Office for Police Conduct.
F63The Independent Parliamentary Standards Authority.
F435...
An Industrial Court established in Northern Ireland.
The Industrial Injuries Advisory Council.
F322...
F64Invest Northern Ireland.
A Joint Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act F651997.
F66The Judicial Appointments Commission.
The Labour Relations Agency.
The Lands Tribunal for Northern Ireland.
The Lands Tribunal for Scotland.
The Law Commission.
F67The Legal Services Board.
F365...
F319...
F68The Local Government Boundary Commission for England.
F453...
The Local Government Boundary Commission for Wales.
F69The Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998.
F70The Marine Management Organisation.
F316A Mayoral development corporation (see section 198 of the Localism Act 2011).
F71The Mental Health Review Tribunal for Wales
F24The Mental Health Review Tribunal for Northern Ireland.
The Mental Welfare Commission for Scotland.
F447The Money and Pensions Service.
F325The National Audit Office.
F397...
F72The NHS Pay Review Body.
F364...
F362The National Institute for Health and Care Excellence.
F387...
F391...
F73Natural England.
F366The Natural Resources Body for Wales.
The Northern Ireland Housing Executive.
F74 The Northern Ireland Judicial Appointments Commission.
F75The Northern Ireland Law Commission.
F76The Northern Ireland Legal Services Commission.
F77The Northern Ireland Social Care Council.
F78The Nuclear Decommissioning Authority.
F305The Office for Budget Responsibility.
F79The Office of Communications.
F457The Office for Environmental Protection.
F398...
F338...
F80The Office for Legal Complaints.
F395The Office for Nuclear Regulation.
F418The Office of Rail and Road.
F81The Office of the Renewable Fuels Agency.
F82The Office for Standards in Education, Children's Services and Skills.
F434The Office for Students.
F424The Office of Tax Simplification.
F323...
The Oil and Pipelines Agency.
F83The Parades Commission for Northern Ireland.
The Parole Board F84...
The Parole Board for Scotland F85...
A Pensions Appeal Tribunal.
F87The Pensions Regulator.
F355...
F409The Planning Appeals Commission constituted under section 203 of the Planning Act (Northern Ireland) 2011
A Planning Inquiry Commission constituted under Part III of the M8Town and Country Planning Act 1990.
A Planning Inquiry Commission constituted under F88Part III of the Town and Country Planning (Scotland) Act 1997.
F404The Police Remuneration Review Body.
F306...
F89The Prison Service Pay Review Body.
F354The Professional Standards Authority for Health and Social Care
F90A regional committee of the Gas and Electricity Consumer Council established under section 18(2) of the Utilities Act 2000.
A regional water authority established in accordance with section 2 of the M9Water Act 1973.
F442The Regulator of Social Housing
F357...
F406Revenue Scotland
F408...
F92The Review Body on Doctors and Dentists Remuneration.
F93The Risk Management Authority established under the Criminal Justice (Scotland) Act 2003.
A Rural Development Board.
F94The School Teachers' Review Body.
F95The Scottish Charity Regulator.
F377...
F384...
F96The Scottish Criminal Cases Review Commission.
Scottish Enterprise.
F53The Scottish Environment Protection Agency.
F429The Scottish Fiscal Commission
F97The Scottish Further and Higher Education Funding Council.
F324The Scottish Housing Regulator
The Scottish Land Court.
The Scottish Law Commission.
F27The Scottish Legal Aid Board.
F98Scottish Natural Heritage.
F99The Scottish Qualifications Authority.
F100The Scottish Social Services Council.
F101Scottish Water.
The Sea Fish Industry Authority.
F102The Sea Fish Licence Tribunal.
F103The Security Industry Authority.
F104Seirbheis nam Meadhanan Gàidhlig.
F105The Senior Salaries Review Body.
F392...
Sianel Pedwar Cymru.
F446...
F400The Single Source Regulations Office.
F308Social Care and Social Work Improvement Scotland.
F336The Social Mobility and Child Poverty Commission
The Social Security Advisory Committee.
F441Social Work England.
F321...
F106The Standards Commission for Scotland.
F107The Statistics Board.
F108The Sustainable Development Commission (an advisory sub-committee of The Sustainable Development Commission Limited).
F454The Trade Remedies Authority.
F27The Training and Employment Agency Advisory Board in Northern Ireland.
The Transport Tribunal.
F109The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.
F110The Tribunal established under section 91 of the Northern Ireland Act 1998.
F300The trustee corporation established by section 75 of the Pensions Act 2008.
F111The Trustees of the National Heritage Memorial Fund.
The United Kingdom Atomic Energy Authority.
F438United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017).
F112The United Kingdom Sports Council.
F113The Upper Tribunal.
F114The Valuation Tribunal for England.
F115The Valuation Tribunal Service.
The Water Appeals Commission for Northern Ireland.
F309...
F116The Water Industry Commission for Scotland.
F117The Water Services Regulation Authority.
F385...
F91The Welsh Water Authority.F118The 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.
C6F120Adjudicator appointed by the Commissioners for Her Majesty's Revenue and Customs
F121Adjudicator 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.
F122Appeal Officer for Community Interest Companies.
F123Assembly Ombudsman for Northern Ireland.
F119Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988.
F124Assessor 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 M10Local Government Act 1972.
Assistant Commissioner appointed under Part II of the M11Local Government (Scotland) Act 1973.
F125Assistant Electoral Commissioners.
Attorney General of the Duchy of Lancaster.
F298Attorney General for Northern Ireland.
F326...
Auditor of the Court of Session.
F126Auditor General for Scotland.
F127Auditor General for Wales.
Boundary Commissioner or assistant Commissioner appointed under Schedule 1 to the M12Parliamentary Constituencies Act 1986.
F128 Certification Officer or any assistant certification officer.
F129Certification Officer for Northern Ireland appointed under Article 69 of the Industrial Relations (Northern Ireland) Order 1992.
F311Chair of Creative Scotland.
F460...
F433Chair of the National Citizen Service Trust, a body established by Royal Charter.
F130Chair of the Northern Ireland Library Authority.
F131Chair 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.
F132Chair 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.
F133Chair 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.
F134Chair 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.
F135Chair of the School Food Trust.
F450...
F450...
Chairman or F136Medical Director of the Advisory Committee on F137Clinical Excellence Awards.
F119Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of Schedule 9 to the Agriculture Act 1947.
F138Chairman or deputy chairman of the Agri-Food and Biosciences Institute.
F450...
F119Chairman or Vice-Chairman of the Arts Council of Northern Ireland.
F450...
F129Chairman of the Board of Governors of the Commonwealth Institute.
F431F139Chairman, vice-chairman or ordinary member of theBBCTrust.Chairman or Director-General of the British Council.
Chairman of the British Library Board.
F140Chairman, or director appointed by the Secretary of State, of CDC Group p.l.c. (formerly the Commonwealth Development Corporation).
F129Chairman of the Chief Executives’ Forum in Northern Ireland.
Chairman or Deputy Chairman of the Civil Service Appeal Board.
F141Chairman of the Committee on Standards in Public Life.
F142Chairman of the Crofters Commission.
F312...
F450...
F450....
F119Chairman or Deputy Chairman of the Financial Reporting Council.
F143Chairman of the Fire and Rescue Service Board.
F403...
F314...
Chairman F144... of the General Consumer Council for Northern Ireland.
C7F145Chairman or any member, not being also an employee, of a Health Board F146or a Special Health Board constituted under the M13National Health Service (Scotland) Act 1978.
F370...
F147Chair of the Health and Safety Executive
F148Chairman of the Health and Safety Executive for Northern Ireland.
F149Chairman or non-executive director of a Health and F150Social 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.
F339...
Paid Chairman of an Industrial Training Board constituted under the M14Industrial Training Act 1964 or the M15Industrial Training Act 1982 or of a committee appointed under either of those Acts or paid Deputy Chairman of such a board.
F342...
F119Chairman of Investors in People UK.
F129Chairman 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.
F151Chairman of Learning and Teaching Scotland.
Chairman of the Livestock F152and Meat Commission for Northern Ireland.
F401...
Chairman F153or Chief Executive of the Local Government Staff Commission for Northern Ireland.
F154Chairman 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 F155or 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.
F450Chairman, Deputy Chairman or Chief Executive of the Medical Research Council.F156Chairman of the Museums, Libraries and Archives Council.
F334...
F119Chairman or Director of the National Forest Company.
F157Chairman or other non-executive director of an NHS foundation trust.
Chairman or F158non-executive director of a National Health Service trust established under F159the National Health Service Act 2006F160or the National Health Service (Wales) Act 2006.
F450...
Chairman of the Northern Ireland Civil Service Appeal Board.
Chairman of the F161Northern Ireland Clinical Excellence Awards Committee.
F119Chairman of the Northern Ireland Community Relations Council.
F119Chairman of the Northern Ireland Council for the Curriculum, Examinations and Assessment.
F129Chairman of the Northern Ireland Higher Education Council.
F129Chairman of, or secretary to, the Northern Ireland Local Government Officers’ Superannuation Committee.
F162Chairman or vice-chairman of the Northern Ireland Policing Board.
F163Chairman of the Northern Ireland Screen Commission.
Chairman of the Northern Ireland Tourist Board.
F405...
F164Chairman, or member in receipt of remuneration, of the Olympic Lottery Distributor.
Chairman of the Prescription Pricing Authority.
F368...
Chairman of the Probation Board for Northern Ireland.
F165Chairman of a probation trust.
F166Chairman of Quality Meat Scotland.
Chairman of a F402Regional Flood and Coastal Committee for any area of England and Wales.
F167Chairman or any member, not being also an employee, of any F369... Special Health Authority F168...
F312...
Chairman of the F169Scottish Dental Practice Board or a member of that Board appointed at an annual salary.
Chairman F170... of the Scottish Sports Council.
Chairman of a special health and social F171care agency established under Article 3 of the M16Health 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.
F172Chairman or Chief Executive of the Student Loans Company Limited.
F173Chairman 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.
F443Chairperson of the Welsh Revenue Authority appointed under section 3(1)(a) of the Tax Collection and Management (Wales) Act 2016 and members of the Authority appointed under section 3(1)(b) of that Act.
Chairman of the Women’s Royal Voluntary Service.
F119Chairman 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 M17Electoral Law Act (Northern Ireland) 1962.
Chief executive of F174SITPRO Limited.
F175Chief 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.
F176Chief Inspector of Criminal Justice in Northern Ireland.
F177Chief Inspector of the UK Border Agency.
F178Chief Investigating Officer appointed under section 9 of the Ethical Standards in Public Life etc. (Scotland) Act 2000.
F179Chief Land Registrar.
F180Chief Officer of a community justice authority appointed under section 4(2) of the Management of Offenders etc. (Scotland) Act 2005.
F181The 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).
F182The Chief Regulator of Qualifications and Examinations F329, 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.
F183Children’s Commissioner.
F184Children’s Commissioner for Wales.
F302...
F119Civil 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 M18Local Government Act (Northern Ireland) 1972.
F185Commissioner for Children and Young People for Northern Ireland.
Commissioner of the City of London Police.
F186Commissioner for Older People in Wales.
F451 Commissioner for Patient Safety.
F119Commissioner for Public Appointments.
F119Commissioner for Public Appointments for Northern Ireland.
F394Commissioner for the Retention and Use of Biometric Material
F187Commissioner for Victims and Witnesses.
Commons Commissioner.
F299Compliance Officer for the Independent Parliamentary Standards Authority.
F332...
Comptroller and Auditor General for Northern Ireland.
Controller of Audit appointed under section 97(4) of the M19Local Government (Scotland) Act 1973.
F411...
F310...
F188Coroner, deputy coroner or assistant deputy coroner appointed under the Coroners Act 1988.
F189Coroner or deputy coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959.
F190Coroner of the Queen's household.
F381Senior coroner, area coroner or assistant coroner appointed under Part 1 of the Coroners and Justice Act 2009.
F381Deputy 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 M20Private Legislation Procedure (Scotland) Act 1936.
Crown Solicitor for Northern Ireland.
F191 Deputy Electoral Commissioners.
Director of the British Aerospace Public Limited Company appointed subject to the approval of a Minister or government department.
F386...
Director of British Nuclear Fuels F192Limited
F193Director of Caledonian Maritime Assets Limited.
Director of Citybus Limited.
F194Director 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 F195section 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 F196Water 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 F197... Part III or section 13 of the M21Industrial Development Act 1982, being a director nominated by a Minister of the Crown or government department.
F198Director 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, F199...
- b
F199...
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 M22Highlands and Islands Shipping Services Act 1960 and is for the time being in force.
F200Director of David MacBrayne Limited.
F439...
Director of Flexibus Limited.
F201Director in receipt of remuneration of High Speed Two (HS2) Limited.
F202Director of Highlands and Islands Airports Limited.
F119Any director of Horticulture Research International in receipt of remuneration.
Director of International Military Services Limited.
F423Director of Labour Market Enforcement
F367Director of a Local Healthwatch organisation.
F203Director 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.
F204Director of Northern Ireland Water Limited.
Director of Nuclear Electric p.l.c.
F205Director of Partnerships for Schools Limited.
F206Director of the Pensions Advisory Service Limited.
F307Director 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.
F207Director 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.
F208Director of a publicly owned successor company (within the meaning of the Atomic Energy Authority Act 1995)
Director appointed at a salary of Remploy Limited.
F432Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency.
F209Director of Scottish Futures Trust Limited.
Director of Scottish Nuclear Limited.
F210Director of Service Prosecutions.
F211Director of The Skills Development Scotland Co. Limited.
F212Director of Strategic Investment Board Limited.
F213Director 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
F214Director of UK Film Council.
F215Director in receipt of remuneration of UK Financial Investments Limited.
Director of Ulsterbus Limited.
F216Director of United Kingdom Anti-Doping Limited appointed by the members of the company.
F371...
F129District judge appointed under section 6 of the County Courts Act 1984.
F456Domestic Abuse Commissioner.
F333Employee of the National Audit Office.
C8The Governor or Administrator of a F217overseas territory within the meaning of section 50(1) of the M23British Nationality Act 1981.
Governor, Deputy Governor or F360non-executive director of the Bank of England.
Governor, Lieutenant Governor and Secretary, or Captain of Invalids of Chelsea Hospital.
Governor F218... or other officer or member of the staff of a prison to which the M24Prison Act (Northern Ireland) 1953 applies.
F379Groceries Code Adjudicator or Deputy Groceries Code Adjudicator.
Health Service Commissioner for England.
F219Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
F220Her Majesty's Chief Inspector of Prisons for England and Wales.
F119Her Majesty’s Chief Inspector of Prisons for Scotland.
F221Her Majesty's Chief Inspector of Probation for England and Wales.
High Commissioner representing Her Majesty’s Government in the United Kingdom.
F222The Immigration Services Commissioner.
F223The Deputy Immigration Services Commissioner.
F414Independent Anti-slavery Commissioner
F224The Independent Case Examiner for the Department for Work and Pensions.
F225The Information Commissioner.
F226Investigating Commissioner of, or member of a decision-making committee of, the Commission for Equality and Human Rights.
Judge Advocate General, Vice Judge Advocate General F227Assistant Judge Advocate General.
F228The Judicial Appointments and Conduct Ombudsman.
Lay observer appointed under Article 42 of the M25Solicitors (Northern Ireland) Order 1976.
F315...
F315...
F340...
Lyon Clerk.
Lyon King of Arms.
Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the M26Agricultural Marketing Act 1958.
Member of an Agricultural Marketing Board appointed under section 3 of the M27Agricultural Marketing Act (Northern Ireland) 1964 or Schedule 2 to the M28Agricultural Marketing (Northern Ireland) Order 1982.
F378...
Member appointed by the F229Scottish 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.
F412...
F230Member 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.
F127Member of the staff of the Auditor General for Wales.
F231F232Member 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 F233or F234VisitScotland.
F235Member of staff of the Children’s Commissioner
F236Member of the staff of the Children’s Commissioner for Wales.
F237Member of staff of the Commissioner for Older People in Wales
F426Member of the staff of Crown Estate Scotland (Interim Management).
F372...
F238Member of the Determinations Panel established by the Pensions Regulator under section 9 of the Pensions Act 2004.
F351Member of the staff of the Disclosure and Barring Service.
F239Member of the staff of the Electoral Commission.
F375Member of the governing body of the Financial Conduct Authority;
F373Member 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.
F374...
F296...
F119Member of the staff of the Forestry Commissioners.
F240Member, not being also a Forestry Commissioner or officer of the Forestry Commissioners, of a committee appointed for EnglandF445... or Wales under section 2(3) of the Forestry Act 1967.
F327...
F241Any member of the General Teaching Council for Wales in receipt of remuneration.
F440...
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.
F242Member of the London Transport Users’ Committee in receipt of remuneration.
F243Member 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.
F332...
F399...
Member of the staff of the Northern Ireland Audit Office.
F396Member of staff of the Office for Nuclear Regulation (within the meaning of Part 3 of the Energy Act 2013).
F244Member of the panel of persons available to serve as chairmen of the Care Tribunal in Northern Ireland.
F245Member of a panel of persons appointed to act as chairmen or other members of industrial tribunals in Northern Ireland.
F246Any 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 M29Rent Act 1977 to act as chairmen and other members of rent assessment committees.
F247Member of a panel of persons appointed under section 6 of the Social Security Act 1998.
F248Member of a panel of persons appointed under Article 7 of the Social Security (Northern Ireland) Order 1998 to act as members of appeal tribunals.
F249Member of the F250... Passengers’ Council in receipt of remuneration.
F251Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994.
F427...
F428Member of the Prudential Regulation Committee of the Bank of England appointed under section 30A(2)(f) or (g) of the Bank of England Act 1998
F421Member of staff of the Pubs Code Adjudicator.
F330...
C9Any member of a residuary body established by Part VII of the M30Local Government Act 1985 who is in receipt of remuneration.
F251Any 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.
F393...
F252Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994.
F129Member of the staff of the State Pathology Service for Northern Ireland.
F328...
Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the M31Local Government, Planning and Land Act 1980).
F331...
F253National Assembly for Wales Commissioner for Standards.
F444National Data Guardian for Health and Social Care.
Northern Ireland Commissioner for Complaints.
F254Northern Ireland Human Rights Commissioner.
F255The 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 M32Greenwich Hospital Act 1865.
Officer of the F256Senior Courts being the holder of any office listed in any Part of Schedule 2 to the F257Senior Courts Act 1981 or a district F258judge of the High Court.
F259Ombudsman for the Board of the Pension Protection Fund and any deputy to that Ombudsman appointed under section 210 of the Pensions Act 2004.
F260Ordinary member of BBC Audience Council England, BBC Audience Council Northern Ireland, BBC Audience Council Scotland or BBC Audience Council Wales.
C10Parliamentary Commissioner for Administration.
F119Parliamentary Commissioner for Standards.
F261Parole Commissioner for Northern Ireland.
F129Pensions Ombudsman F262and any deputy to that Ombudsman appointed under section 145A of the Pension Schemes Act 1993.
Person appointed under section 3(1) of the M33Local 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.
F413Person appointed under section 27A of the Registered Designs Act 1949 to hear and determine appeals against decisions of the registrar under that Act
F318...
F313Person appointed to chair the Sports Grounds Safety Authority.
F263Person appointed to hear and determine appeals under the M34Trade 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 F264or a National Park authority.
F265Person on the list of those eligible to sit as members of a Gender Recognition Panel.
F266The Police Ombudsman for Northern Ireland.
F437...
F247President 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
F119F267President of the Employment Tribunals (England and Wales), F267President of the Employment Tribunals (Scotland)F389Employment Judge, or member of a panel of members of employment tribunals that is not a panel of Employment Judges .
F268President or member of the Mental Health Tribunal for Scotland.
F269President or vice-president of the panel of persons appointed under Schedule 4 to the M35Rent (Scotland) Act 1984 to act as chairmen and other members of F270private rented housing committees.
F271President of appeal tribunals appointed under Article 6 of the Social Security (Northern Ireland) Order 1998.
F272President, 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.
F273President 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.
F274Prisoner Ombudsman for Northern Ireland.
F275Prisons and Probation Ombudsman for England and Wales.
F276Public Services Ombudsman for Wales.
F449...
F421Pubs Code Adjudicator or Deputy Pubs Code Adjudicator.
Receiver for the Metropolitan Police District.
F277A regional returning officer for the purposes of the Scotland Act 1998.
Registrar of the Privy Council.
F390...
Registration Officer appointed under section 8(2) F278, (2A) or (3) of the M36Representation of the People Act 1983.
F279Regulator of Community Interest Companies.
Rent officer F280or deputy rent officer appointed in pursuance of a scheme under section 63 of the M37Rent Act 1977.
Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him.
F281The reviewer appointed under section 40 of the Justice and Security (Northern Ireland) Act 2007.
F282Scottish Information Commissioner.
F283Scottish Parliamentary Standards Commissioner.
F284Scottish Public Services Ombudsman.
F285Scottish Road Works Commissioner.
F286Sentence Review Commissioner
F419...
F420Service Complaints Ombudsman.
F430Small Business Commissioner or Deputy Small Business Commissioner.
F382...
F129Social 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 M38Judicature (Northern Ireland) Act 1978.
F341Surveillance Camera Commissioner
Traffic commissioner for any area constituted for the purposes of the M39Public Passenger Vehicles Act 1981.
F287Trustee 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. | F303Any 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 F288an area in Scotland. | Any constituency comprising the whole or part of F289the area in which the Lord-Lieutenant holds office or in which the Lord-Lieutenant or Lieutenant discharges his functions. |
F290 . . . | F290 . . . |
Her Majesty’s Lord-Lieutenant or Lieutenant for F291 . . . the city of Aberdeen, Dundee, Edinburgh or Glasgow. | Any constituency comprising the whole or part of F292the 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. | F304Any 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.
F293 . . .
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.
F294 . . .
Solicitor General.
F295Advocate General for Scotland
F294 . . .
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