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Northern Ireland Act 1998
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Changes over time for: Section 36
Version Superseded: 07/05/2024
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36 Disqualification.U.K.
(1)The M1Northern Ireland Assembly Disqualification Act 1975 shall have effect as if any reference to the Assembly established under section 1 of the M2Northern Ireland Assembly Act 1973 were a reference to the Assembly.
(2)No recommendation shall be made to Her Majesty to make an Order in Council under section 3(1) of the Northern Ireland Assembly Disqualification Act 1975 (power to amend Schedule 1) without the consent of the Secretary of State.
(3)A person who is Her Majesty’s Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland is disqualified for membership of the Assembly for a constituency comprising the whole or part of the county or county borough.
(4)A person is disqualified for membership of the Assembly if he is disqualified for membership of the House of Commons otherwise than under the M3House of Commons Disqualification Act 1975.
[F1(4A)A person who is a qualifying EU citizen or an EU citizen with retained rights is disqualified for membership of the Assembly unless the person is resident for the purposes of section 4(3) of the Representation of the People Act 1983 in—
(a)an electoral area in Great Britain, or
(b)a district electoral area in Northern Ireland.]
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that—
(a)he is a peer F3. . . ; or
[F4(b)he is a Lord Spiritual.]
(7)A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that he is disqualified under section 3 of the Act of Settlement (certain persons born out of the Kingdom) if he is a [F5citizen of the European Union] [F5qualifying EU citizen or an EU citizen with retained rights].
[F6(8)In this section, “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).]
Textual Amendments
F1S. 36(4A) inserted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 10(2); S.I. 2023/1145, regs. 3(i)(v), 5(b) (with saving in S.I. 2024/319, regs. 1(4), 16, 17)
F2S. 36(5) repealed (30.11.2000) by 2000 c. 42, s. 4
F3Words in s. 36(6)(a) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 146, 148, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(f)
F4S. 36(6)(b) substituted (11.5.2001) by 2001 c. 13, s. 1, Sch. 1 para. 5
F5Words in s. 36(7) substituted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 10(3); S.I. 2023/1145, regs. 3(i)(v), 5(b) (with saving in S.I. 2024/319, regs. 1(4), 16, 17)
F6S. 36(8) inserted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 10(4); S.I. 2023/1145, regs. 3(i)(v), 5(b) (with saving in S.I. 2024/319, regs. 1(4), 16, 17)
Modifications etc. (not altering text)
C1S. 36(1) applied (20.2.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 1 para. 3(3)
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