- Latest available (Revised)
- Point in Time (08/05/2012)
- Original (As enacted)
Version Superseded: 01/04/2013
Point in time view as at 08/05/2012.
Northern Ireland Assembly Disqualification Act 1975 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to the provisions of this Act, a person is disqualified for membership of the Northern Ireland Assembly who for the time being—
(a)holds any of the judicial offices specified in Part I of Schedule 1 to this Act;
(b)is employed in the civil service of the Crown, whether in an established capacity or not, and whether for the whole or part of his time;
(c)is a member of any of the regular armed forces of the Crown F1...;
(d)is a member of any police force maintained by [F2a local policing body or] a police authority;
F3(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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)In this section—
“civil service of the Crown” includes the civil service of Northern Ireland F5..., Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
“police authority” means any police authority within the meaning of [F6the Police Act 1996] or the M1Police (Scotland) Act 1967, or the [F7Northern 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, [F8the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.]
(3)Except as provided by this Act, a person shall not be disqualified for membership of the Northern Ireland Assembly by reason of his holding an office or place of profit under the Crown or any other office or place; and a person shall not be disqualified for appointment to or for holding any office or place by reason of his being a member of the Assembly.
Textual Amendments
F1Words in s. 1(1)(c) repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 69(a), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)
F2Words in s. 1(1)(d) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 124; S.I. 2011/3019, art. 3, Sch. 1
F3S. 1(1)(da) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 26, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(k) (subject to art. 4(2)-(7))
F4Words in s. 1(1)(e) inserted (30.11.2000) by 2000 c. 42, s. 1
F5Words in s. 1(2) omitted (N.I.) (12.4.2010) by virtue of The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 1, Sch. para. 4 (with arts. 5-7)
F6Words in s. 1(2) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 25
F7Words in s. 1(2) substituted (4.11.2001) by 2000 c. 32, s. 79(1), Sch. 6 para. 4(2); S.I. 2001/396, art. 2, Sch.
F8S. 1(2): words in definition of "regular armed forces of the Crown" substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 69(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1S. 1(1)(c) amended (1.7.1992) by 1992 c. 39, ss. 3(4), 5
Marginal Citations
(1)Notwithstanding section 1(1)(c) above—
(a)a person who is an officer on the retired or emergency list of any of the regular armed forces of Crown, or who holds an emergency commission in any of those forces, or belongs to any reserve of officers of any of those forces, is not disqualified as a member of those forces; and
(b)a naval, army, marine or air force pensioner [F9,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.
Textual Amendments
F9Words in s. 2(1)(b) inserted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 16 (with s. 72(5)); 1997/305, art. 2(1)
(1)If at any time it is resolved by Northern Ireland Assembly that Schedule 1 to this Act be amended, whether by the addition or omission of any office or the removal of any office from one Part of the Schedule to another, or by altering the description of any office specified therein, Her Majesty may by Order in Council amend that Schedule accordingly.
(2)A copy of this Act as from time to time amended by Order in Council under this section or by or under any other enactment shall be prepared and certified by the Clerk of the Parliaments and deposited with the rolls of Parliament; and all copies of this Act thereafter to be printed by Her Majesty’s printer shall be printed in accordance with the copy so certified.
(1)No person being a member of the Northern Ireland Assembly, or for the time being nominated as a candidate for election to the Assembly, shall be required to accept any office or place by virtue of which he would be disqualified by this Act for membership of the Assembly.
(2)This section does not affect any obligation to serve in the armed forces of the Crown, whether imposed by an enactment or otherwise.
F10(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The enactments specified in Schedule 3 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed, so far as they apply in relation to disqualification for membership of the Northern Ireland Assembly, to the extent specified in the third column of that Schedule.
(3)Nothing in the definition of “regular armed forces of the Crown” in section 1(2) above shall be taken to alter the law in force immediately before the passing of this Act in relation to disqualification for membership of the Northern Ireland Assembly.
Editorial Information
X1The text of s. 5, Sch. 2 paras. 1, 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Textual Amendments
F10S. 5(1) repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 15 (with s. 95); S.I. 1999/3209, art. 2, Sch.
This Act may be cited as the Northern Ireland Assembly Disqualification Act 1975.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: