Government of Wales Act 2006

[F1 PART 1 U.K. CATEGORIES OF PERSONS DISQUALIFIED

Textual Amendments

F1 Sch. 1A inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(1)(c), Sch. 3

Persons under 18 years of age U.K.

1 A person who has not attained the age of 18 before the day on which the person is nominated as a candidate for election as a Member of the Senedd.

Citizenship U.K.

2 (1) A person who is not—

(a) a British citizen,

(b) a qualifying Commonwealth citizen,

(c) a qualifying foreign citizen,

(d) a citizen of the Republic of Ireland, or

(e) a citizen of the European Union who is resident in the United Kingdom.

(2) For the purposes of sub-paragraph (1), a person is a qualifying Commonwealth citizen if that person is a Commonwealth citizen who either—

(a) is not a person who requires leave under the Immigration Act 1971 (c. 77) to enter or remain in the United Kingdom, or

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(3) For the purposes of sub-paragraph (1), a qualifying foreign citizen is a person resident in the United Kingdom who—

(a) is not a Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of the European Union, and

(b) either—

(i) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(ii) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(4) But a person is not a qualifying Commonwealth citizen by virtue of sub-paragraph (2)(a) or a qualifying foreign citizen by virtue of sub-paragraph (3)(b)(i) if that person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

Bankruptcy U.K.

3 A person in respect of whom one or more of the following orders has effect—

(a) a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 (c. 45) or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));

(b) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Part 13 of the Bankruptcy (Scotland) Act 2016 (asp 21) or Schedule 2A to the Insolvency (Northern Ireland) Order 1989.

4 A person who is disqualified from being a member of the House of Commons under section 427 of the Insolvency Act 1986 because of an award of sequestration made by a court in Scotland.

Persons guilty of corrupt or illegal practices at elections U.K.

5 A person who is incapable of being elected to the House of Commons having been reported personally guilty or convicted of a corrupt or illegal practice under the Representation of the People Act 1983 (c. 2).

Persons imprisoned or detained following conviction etc. U.K.

6 (1) A person found guilty of one or more offences (whether before or after the passing of this Act and whether in the United Kingdom or elsewhere), and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year.

(2) A person is disqualified under this paragraph only while the person is—

(a) detained anywhere in the United Kingdom, the Channel Islands, the Isle of Man, or elsewhere in the European Union, in pursuance of the sentence or order, or

(b) unlawfully at large at a time when the person would otherwise be so detained.

Sex offenders U.K.

7 A person subject to—

[F2 (a)] the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003 (c. 42) [F3 or

(b) an order under Chapter 2 of Part 11 of the Sentencing Code].]

Textual Amendments

F2 Words in Sch. 1A para. 7 renumbered as Sch. 1A para. 7(a) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 256(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F3 Sch. 1A para. 7(b) and word inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 256(b) (with Sch. 27); S.I. 2020/1236, reg. 2