House_of_Commons_Disqualification_Act_1975
House of Commons Disqualification Act 1975
United Kingdom legislation
The House of Commons Disqualification Act 1975 (c. 24) is an Act of the Parliament of the United Kingdom that prohibits certain categories of people from becoming members of the House of Commons. It is an updated version of similar older acts, known collectively by the stock short title House of Commons Disqualification Act.
The groups disqualified from all constituencies are:
- Lords Spiritual
- judges
- civil servants
- serving regular members of the armed forces, except Admirals of the Fleet, Field Marshals and Marshals of the Royal Air Force
- full-time police constables
- members of legislatures of non-Commonwealth countries, other than Ireland
- holders of certain administrative and diplomatic offices
- all members of certain bodies, such as tribunals and government departments, plus some statutory corporations such as Channel 4
Lords-lieutenant and high sheriffs are also disqualified from seats for constituencies within their area.
Section 2 limits the number of government officials (specifically, holders of offices listed in Schedule 2) in the House of Commons at any one time to 95. Any appointed above that limit are forbidden to vote until the number is reduced to 95.
Section 4 effectively adds the Crown Stewards and Bailiffs of the Chiltern Hundreds and of the Manor of Northstead to Part III to Schedule 1, thus naming them as offices whose holders are disqualified. These offices are sinecures, used in modern times to effect resignation from the House of Commons. Prior to 1926, this disqualification was due to them being "offices of profit under the Crown", but that disqualification was abolished in 1926 and by s. 1(4) of this Act.
The election to the Commons of a disqualified person is invalid, and the seat of an MP who becomes disqualified is vacated immediately (triggering a by-election). The Privy Council has jurisdiction to determine whether a purported MP is disqualified; the issue may be tried in the High Court, Court of Session or High Court of Northern Ireland as appropriate for the constituency.