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(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 [F1or the Ulster Defence Regiment];
(d)is a member of any police force maintained by a police authority;
(da)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)is a member of the legislature of any country or territory outside the Commonwealth [F3(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, the Northern Ireland Court Service, Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
“police authority” means any police authority within the meaning of [F4the Police Act 1996] or the M1Police (Scotland) Act 1967, or the [F5Northern 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, [F6the 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F1Words in s. 1(1)(c) repealed (28.3.2009 for certain purposes and otherwise prosp.)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)
F2S. 1(1)(da) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 26, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch.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))
F3Words in s. 1(1)(e) inserted (30.11.2000) by 2000 c. 42, s. 1
F4Words in s. 1(2) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 25
F5Words 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.
F6S. 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
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