House of Commons Disqualification Act 1975
1975 CHAPTER 24
An Act to consolidate certain enactments relating to disqualification for membership of the House of Commons.
[8th May 1975]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Disqualification of holders of certain offices and places.
(1) Subject to the provisions of this Act, a person is disqualified for membership of the House of Commons who for the time being—
(za) is a Lord Spiritual;
(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 . . .;
(d) is a member of any police force maintained by a local policing body or a police authority;
(da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) is a member of the legislature of any country or territory outside the Commonwealth (other than Ireland) ; or
(f) holds any office described in Part II or Part III of Schedule 1.
(2) A person who for the time being holds any office described in Part IV of Schedule 1 is disqualified for membership of the House of Commons for any constituency specified in relation to that office in the second column of Part IV.
(3) In this section—
“ civil service of the Crown ” includes the civil service of Northern Ireland ..., Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
“ police authority ” means any police authority within the meaning of the Police Act 1996 , the Scottish Police Authority , or the Northern 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, the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.
(4) Except as provided by this Act, a person shall not be disqualified for membership of the House of Commons 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 that House.
2 Ministerial offices.
(1) Not more than ninety-five persons being the holders of offices specified in Schedule 2 to this Act (in this section referred to as Ministerial offices) shall be entitled to sit and vote in the House of Commons at any one time.
(2) If at any time the number of members of the House of Commons who are holders of Ministerial offices exceeds the number entitled to sit and vote in that House under subsection (1) above, none except any who were both members of that House and holders of Ministerial offices before the excess occurred shall sit or vote therein until the number has been reduced, by death, resignation or otherwise, to the number entitled to sit and vote as aforesaid.
(3) A person holding a Ministerial office is not disqualified by this Act by reason of any office held by him ex officio as the holder of that Ministerial office.
3 Reserve and auxiliary forces, etc.
(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 the 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 , 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.
4 Stewardship of Chiltern Hundreds, etc.
For the purposes of the provisions of this Act relating to the vacation of the seat of a member of the House of Commons who becomes disqualified by this Act for membership of that House, the office of steward or bailiff of Her Majesty’s three Chiltern Hundreds of Stoke, Desborough and Burnham, or of the Manor of Northstead, shall be treated as included among the offices described in Part III of Schedule 1 to this Act.
5 Power to amend Schedule 1.
(1) If at any time it is resolved by the House of Commons 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.
6 Effects of disqualification and provision for relief.
(1) Subject to any order made by the House of Commons under this section—
(a) if any person disqualified by this Act for membership of that House, or for membership for a particular constituency, is elected as a member of that House, or as a member for that constituency, as the case may be, his election shall be void; and
(b) if any person being a member of that House becomes disqualified by this Act for membership, or for membership for the constituency for which he is sitting, his seat shall be vacated.
(2) If, in a case falling or alleged to fall within subsection (1) above, it appears to the House of Commons that the grounds of disqualification or alleged disqualification under this Act which subsisted or arose at the material time have been removed, and that it is otherwise proper so to do, that House may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section.
(3) No order under subsection (2) above shall affect the proceedings on any election petition or any determination of an election court, and this subsection shall have effect subject to the provisions of section 144(7) of the Representation of the People Act 1983 (making of an order by the House of Commons when informed of a certificate and any report of an election court).
(4) In any case where, by virtue of the Recess Elections Act 1975, the Speaker of the House of Commons would be required to issue during a recess of that House a warrant for a new writ for election of a member, in the room of a member becoming disqualified by this Act, he may, if it appears to him that an opportunity should be given to that House to consider the making of an order under subsection (2) above, defer the issue of his warrant pending the determination of that House.
7 Jurisdiction of Privy Council as to disqualification.
(1) Any person who claims that a person purporting to be a member of the House of Commons is disqualified by this Act, or has been so disqualified at any time since his election, may apply to Her Majesty in Council, in accordance with such rules as Her Majesty in Council may prescribe, for a declaration to that effect.
(2) Section 3 of the Judicial Committee Act 1833 (reference to the Judicial Committee of the Privy Council of appeals to Her Majesty in Council) shall apply to any application under this section as it applies to an appeal to Her Majesty in Council from a court.
(3) Upon any such application the person in respect of whom the application is made shall be the respondent; and the applicant shall give such security for the costs of the proceedings, not exceeding £200, as the Judicial Committee may direct.
(4) For the purpose of determining any issue of fact arising on an application under this section the Judicial Committee may direct the issue to be tried—
(a) if the constituency for which the respondent purports to be a member is in England or Wales, in the High Court;
(b) if that constituency is in Scotland, in the Court of Session;
(c) if that constituency is in Northern Ireland, in the High Court in Northern Ireland;
and the decision of that Court shall be final.
(5) A declaration under this section may be made in respect of any person whether the grounds of the alleged disqualification subsisted at the time of his election or arose subsequently; but no such declaration shall be made—
(a) in the case of disqualification incurred by any person on grounds which subsisted at the time of his election, if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue;
(b) in the case of disqualification incurred by any person on any grounds, if an order has been made by the House of Commons under section 6(2) above directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.
(6) In this section, a reference to disqualification by this Act includes a reference to disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).
8 Relaxation of obligation to accept office.
(1) No person being a member of the House of Commons, or for the time being nominated as a candidate for election to that House, shall be required to accept any office or place by virtue of which he would be disqualified by this Act for membership of that House, or for membership of that House for the constituency for which he is sitting or is a candidate.
(2) This section does not affect any obligation to serve in the armed forces of the Crown, whether imposed by an enactment or otherwise.
9 Interpretation.
In this Act—
“ Minister of State ” means a member of Her Majesty’s Government in the United Kingdom who neither has charge of any public department nor holds any other of the offices specified in Schedule 2 to this Act or any office in respect of which a salary is payable out of money provided by Parliament under section 3(1)(b) of the Ministerial and other Salaries Act 1975;
“ Parliamentary Secretary ” includes a person holding Ministerial office (however called) as assistant to a Member of Her Majesty’s Government in the United Kingdom, but not having departmental responsibilities.
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Short title and extent.
(1) This Act may be cited as the House of Commons Disqualification Act 1975.
(2) This Act extends to Northern Ireland.
SCHEDULES
Sections 1, 4, 5.
SCHEDULE 1 Offices disqualifying for membership
Part I Judicial offices
Judge of the Supreme Court.
Judge of the High Court of Justice or Court of Appeal.
Judge of the Court of Session, or Temporary Judge in Scotland
Judge of the High Court of Justice or Court of Appeal in Northern Ireland.
Judge of the Court Martial Appeal Court.
Chairman of the Scottish Land Court.
Circuit Judge.
Sheriff principal, sheriff, summary sheriff, temporary sheriff principal, part-time sheriff or part-time summary sheriff in Scotland
County Court Judge or deputy County Court Judge in Northern Ireland.
District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)).
District judge (magistrates' courts), or deputy district judge (magistrates' courts), in Northern Ireland.
...
...
...
Chief or other Child Support Commissioner for Northern Ireland or deputy Child Support Commissioner for Northern Ireland .
Chief or other Social Security Commissioner (not including a deputy Commissioner) .
Chief or other Social Security Commissioner for Northern Ireland or deputy Social Security Commissioner for Northern Ireland .
...
...
...
Part II Bodies of which all members are disqualified
The Accounts Commission for Scotland.
...
The Advanced Research and Invention Agency.
...
The Advisory Council established under section 3 of the Scottish Qualification Authority Act 2002.
The Agriculture and Horticulture Development Board.
...
The Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994.
...
An Arbitration Tribunal established under Schedule 3 to the Industry Act 1975.
The Armed Forces Pay Review Body.
The Arts Council of England.
The Board of the Pension Protection Fund.
Boundaries Scotland
The British Railways Board.
...
The British Transport Police Authority.
The British Waterways Board.
Bwrdd yr Iaith Gymraeg (the Welsh Language Board).
The Care Council for Wales.
The Care Quality Commission and the Healthwatch England committee .
The Central Arbitration Committee.
The Channel Four Television Corporation.
The Charity Commission.
The Charity Commission for Northern Ireland.
...
...
The Children and Family Court Advisory and Support Service.
The Civil Aviation Authority.
The Civil Nuclear Police Authority.
The Civil Service Arbitration Tribunal.
The Civil Service Commission
The Coal Authority.
Commission for Architecture and the Built Environment.
The Commission for Equality and Human Rights.
The Commission on Human Medicines.
The Commission for Local Administration in England.
...
The Commission for Victims and Survivors for Northern Ireland.
The Committee on Climate Change.
The Competition Appeal Tribunal.
...
The Competition and Markets Authority.
The Competition Service.
The Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991.
Consumer Scotland.
The Copyright Tribunal.
The Council of the Advisory, Conciliation and Arbitration Service.
...
The Covent Garden Market Authority.
The Criminal Cases Review Commission.
The Crown Estate Commissioners.
Crown Estate Scotland (Interim Management).
...
The Democracy and Boundary Commission Cymru.
The Development Commission.
A Development Corporation within the meaning of the New Towns Act 1981 or the New Towns (Scotland) Act 1968.
...
The Disability Living Allowance Advisory Board for Northern Ireland.
The Disclosure and Barring Service.
The Electoral Commission.
The Employment Appeal Tribunal.
The English Sports Council.
The Environment Agency.
Environmental Standards Scotland.
The Equality Commission for Northern Ireland.
The Fair Employment Tribunal for Northern Ireland.
The First-tier Tribunal.
The Food Standards Agency.
The Foreign Compensation Commission.
The Forestry Commissioners.
The Gambling Commission.
Gangmasters and Labour Abuse Authority
The Gas and Electricity Markets Authority.
...
The Health and Care Professions Council
The Health and Safety Executive.
...
The Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland.
...
The Health Research Authority.
Healthcare Improvement Scotland.
Highlands and Islands Enterprise.
The Homes and Communities Agency.
The Horserace Betting Levy Appeal Tribunal for England and Wales.
The Human Fertilisation and Embryology Authority.
The Human Tissue Authority.
The Independent Commission for Police Complaints for Northern Ireland.
The Independent Monitoring Authority for the Citizens' Rights Agreements.
The Independent Office for Police Conduct.
The Independent Parliamentary Standards Authority.
...
An Industrial Court established in Northern Ireland.
The Industrial Injuries Advisory Council.
...
The Infected Blood Compensation Authority.
Invest Northern Ireland.
A Joint Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1997 .
The Judicial Appointments Commission.
The Labour Relations Agency.
The Lands Tribunal for Northern Ireland.
The Lands Tribunal for Scotland.
The Law Commission.
The Legal Services Board.
...
...
The Local Government Boundary Commission for England.
...
...
The Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998.
The Marine Management Organisation.
A Mayoral development corporation (see section 198 of the Localism Act 2011).
The Mental Health Review Tribunal for Wales
The Mental Health Review Tribunal for Northern Ireland.
The Mental Welfare Commission for Scotland.
The Money and Pensions Service.
The National Audit Office.
...
The NHS Pay Review Body.
...
The National Institute for Health and Care Excellence.
...
...
Natural England.
The Natural Resources Body for Wales.
The Northern Ireland Housing Executive.
The Northern Ireland Judicial Appointments Commission.
The Northern Ireland Law Commission.
The Northern Ireland Legal Services Commission.
The Northern Ireland Social Care Council.
The Nuclear Decommissioning Authority.
The Office for Budget Responsibility.
The Office of Communications.
The Office for Environmental Protection.
...
...
The Office for Legal Complaints.
The Office for Nuclear Regulation.
The Office of Rail and Road.
The Office of the Renewable Fuels Agency.
The Office for Standards in Education, Children's Services and Skills.
The Office for Students.
...
...
The Oil and Pipelines Agency.
The Parades Commission for Northern Ireland.
The Parole Board ...
The Parole Board for Scotland ...
A Pensions Appeal Tribunal.
The Pensions Regulator.
...
The Planning Appeals Commission constituted under section 203 of the Planning Act (Northern Ireland) 2011
A Planning Inquiry Commission constituted under Part III of the Town and Country Planning Act 1990.
A Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1997 .
The Police Remuneration Review Body.
...
The Prison Service Pay Review Body.
The Professional Standards Authority for Health and Social Care
A regional committee of the Gas and Electricity Consumer Council established under section 18(2) of the Utilities Act 2000.
A regional water authority established in accordance with section 2 of the Water Act 1973.
The Regulator of Social Housing
...
Revenue Scotland
...
The Review Body on Doctors and Dentists Remuneration.
The Risk Management Authority established under the Criminal Justice (Scotland) Act 2003.
A Rural Development Board.
The School Teachers' Review Body.
The Scottish Charity Regulator.
...
...
The Scottish Criminal Cases Review Commission.
Scottish Enterprise.
The Scottish Environment Protection Agency.
The Scottish Fiscal Commission
The Scottish Further and Higher Education Funding Council.
The Scottish Housing Regulator
The Scottish Land Court.
The Scottish Law Commission.
The Scottish Legal Aid Board.
Scottish Natural Heritage.
The Scottish Qualifications Authority.
The Scottish Social Services Council.
Scottish Water.
The Sea Fish Industry Authority.
The Sea Fish Licence Tribunal.
The Security Industry Authority.
Seirbheis nam Meadhanan Gàidhlig.
The Senior Salaries Review Body.
...
Sianel Pedwar Cymru.
...
The Single Source Regulations Office.
Social Care and Social Work Improvement Scotland.
The Social Mobility and Child Poverty Commission
The Social Security Advisory Committee.
Social Work England.
...
The Standards Commission for Scotland.
The Statistics Board.
The Sustainable Development Commission (an advisory sub-committee of The Sustainable Development Commission Limited).
The Trade Remedies Authority.
The Training and Employment Agency Advisory Board in Northern Ireland.
The Transport Tribunal.
The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.
The Tribunal established under section 91 of the Northern Ireland Act 1998.
The trustee corporation established by section 75 of the Pensions Act 2008.
The Trustees of the National Heritage Memorial Fund.
The United Kingdom Atomic Energy Authority.
United Kingdom Research and Innovation (“UKRI”), any Council or other committee of UKRI and any sub-committee of such a Council or committee (see section 92 of, and paragraphs 9 and 10 of Schedule 9 to, the Higher Education and Research Act 2017).
The United Kingdom Sports Council.
The Upper Tribunal.
The Valuation Tribunal for England.
The Valuation Tribunal Service.
The Water Appeals Commission for Northern Ireland.
...
The Water Industry Commission for Scotland.
The Water Services Regulation Authority.
...
The Welsh Water Authority.
The Youth Justice Board for England and Wales.
Part III Other disqualifying offices
Adjudicator appointed by the Commissioners for Her Majesty's Revenue and Customs
Adjudicator appointed under section 25 of the School Standards and Framework Act 1998.
Advocate Depute (not being the Solicitor General for Scotland) appointed by the Lord Advocate.
An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
Ambassador or Permanent Representative to an international organisation representing Her Majesty’s Government in the United Kingdom.
Appeal Officer for Community Interest Companies.
Assembly Ombudsman for Northern Ireland.
Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988.
Assessor appointed for the purposes of paragraph 9 of schedule 1 to the Public Appointments and Public Bodies etc (Scotland) Act 2003.
Assessor of Public Undertakings (Scotland).
Assistant Commissioner appointed under Part IV of the Local Government Act 1972.
Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973.
Assistant Electoral Commissioners.
Attorney General of the Duchy of Lancaster.
Attorney General for Northern Ireland.
...
Auditor of the Court of Session.
Auditor General for Scotland.
Auditor General for Wales.
Boundary Commissioner or assistant Commissioner appointed under Schedule 1 to the Parliamentary Constituencies Act 1986.
Certification Officer or any assistant certification officer.
Certification Officer for Northern Ireland appointed under Article 69 of the Industrial Relations (Northern Ireland) Order 1992.
Chair of Creative Scotland.
...
Chair of the National Citizen Service Trust, a body established by Royal Charter.
Chair of the Northern Ireland Library Authority.
Chair or any member, not also being an employee, of the Patient Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Chair or any member, not also being an employee, of the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Chair or any member, not also being an employee, of the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
...
Chair of the School Food Trust.
...
...
Chairman or Medical Director of the Advisory Committee on Clinical Excellence Awards.
Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of Schedule 9 to the Agriculture Act 1947.
Chairman or deputy chairman of the Agri-Food and Biosciences Institute.
...
Chairman or Vice-Chairman of the Arts Council of Northern Ireland.
...
Chairman of the Board of Governors of the Commonwealth Institute.
Chairman, vice-chairman or ordinary member of the BBC Trust.
Chairman or Director-General of the British Council.
Chairman of the British Library Board.
Chairman, or director appointed by the Secretary of State, of CDC Group p.l.c. (formerly the Commonwealth Development Corporation).
Chairman of the Chief Executives’ Forum in Northern Ireland.
Chairman or Deputy Chairman of the Civil Service Appeal Board.
Chairman of the Committee on Standards in Public Life.
Chairman of the Crofters Commission.
...
...
....
Chairman or Deputy Chairman of the Financial Reporting Council.
Chairman of the Fire and Rescue Service Board.
...
...
Chairman ... of the General Consumer Council for Northern Ireland.
Chairman or any member, not being also an employee, of a Health Board or a Special Health Board constituted under the National Health Service (Scotland) Act 1978.
...
Chair of the Health and Safety Executive
Chairman of the Health and Safety Executive for Northern Ireland.
Chairman or non-executive director of a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.
Chairman or Deputy Chairman, in receipt of remuneration, of the Historic Buildings and Monuments Commission for England.
...
Paid Chairman of an Industrial Training Board constituted under the Industrial Training Act 1964 or the Industrial Training Act 1982 or of a committee appointed under either of those Acts or paid Deputy Chairman of such a board.
...
Chairman of Investors in People UK.
Chairman of the Joint Nature Conservation Committee.
Chairman, Vice-Chairman or member of the executive committee of the Land Settlement Association Limited appointed at a salary.
Chairman of Learning and Teaching Scotland.
Chairman of the Livestock and Meat Commission for Northern Ireland.
...
Chairman or Chief Executive of the Local Government Staff Commission for Northern Ireland.
Chairman or any member, not being also an employee, of a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
Chairman or any member, not being also an employee, of the Management Committee of the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1978.
Chairman, Deputy Chairman or Chief Executive of the Medical Research Council.
Chairman of the Museums, Libraries and Archives Council.
...
Chairman or Director of the National Forest Company.
Chairman or non-executive member of NHS England .
Chairman or other non-executive director of an NHS foundation trust.
Chairman or non-executive director of a National Health Service trust established under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 .
...
Chairman of the Northern Ireland Civil Service Appeal Board.
Chairman of the Northern Ireland Clinical Excellence Awards Committee .
Chairman of the Northern Ireland Community Relations Council.
Chairman of the Northern Ireland Council for the Curriculum, Examinations and Assessment.
Chairman of the Northern Ireland Higher Education Council.
Chairman of, or secretary to, the Northern Ireland Local Government Officers’ Superannuation Committee.
Chairman or vice-chairman of the Northern Ireland Policing Board.
Chairman of the Northern Ireland Screen Commission.
Chairman of the Northern Ireland Tourist Board.
...
Chairman, or member in receipt of remuneration, of the Olympic Lottery Distributor.
Chairman of the Prescription Pricing Authority.
...
Chairman of the Probation Board for Northern Ireland.
Chairman of a probation trust.
Chairman of Quality Meat Scotland.
Chairman of a Regional Flood and Coastal Committee for any area of England and Wales.
Chairman or any member, not being also an employee, of any ... Special Health Authority ...
...
Chairman of the Scottish Dental Practice Board or a member of that Board appointed at an annual salary.
Chairman ... of the Scottish Sports Council.
Chairman of a special health and social care agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.
Chairman of the Special Hospitals Service Authority.
Chairman or Vice-Chairman of the Sports Council for Northern Ireland.
Chairman or Vice-Chairman of the Sports Council for Wales.
Chairman or Chief Executive of the Student Loans Company Limited.
Chairman or Chief Executive of the UK Commission for Employment and Skills or a Director or Commissioner of that Commission appointed by the First Minister in Scotland, the First Minister for Wales or a Northern Ireland Minister.
Chairperson of the Welsh Revenue Authority appointed under section 3(1)(a) of the Tax Collection and Management (Wales) Act 2016 and members of the Authority appointed under section 3(1)(b) of that Act.
Chairman of the Women’s Royal Voluntary Service.
Chairman or Vice-Chairman of the Youth Council for Northern Ireland.
Chief Electoral Officer for Northern Ireland or any whole time officer appointed under section 14A(1) of the Electoral Law Act (Northern Ireland) 1962.
Chief executive of SITPRO Limited .
Chief Executive of The Sustainable Development Commission Limited or a Director appointed by the members of that company or by the Secretary of State, the First Minister in Scotland, the First Minister for Wales or the First Minister and deputy First Minister in Northern Ireland.
Chief Inspector of Criminal Justice in Northern Ireland.
Chief Inspector of the UK Border Agency.
Chief Investigating Officer appointed under section 9 of the Ethical Standards in Public Life etc. (Scotland) Act 2000.
Chief Investigator, chair or other member of the Health Services Safety Investigations Body.
Chief Land Registrar.
Chief Officer of a community justice authority appointed under section 4(2) of the Management of Offenders etc. (Scotland) Act 2005.
The Chief Ombudsman or an assistant ombudsman appointed under section 122 of the Legal Services Act 2007 (Chief Ombudsman and assistant ombudsmen appointed for the purposes of the ombudsman scheme).
The Chief Regulator of Qualifications and Examinations , the chair of the Office of Qualifications and Examinations Regulation and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration.
Children’s Commissioner.
Children’s Commissioner for Wales.
...
Civil Service Commissioner for Northern Ireland.
Clerk or deputy clerk of a district council in Northern Ireland.
Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the Local Government Act (Northern Ireland) 1972.
Commissioner for Children and Young People for Northern Ireland.
Commissioner of the City of London Police.
Commissioner for Older People in Wales.
Commissioner for Patient Safety.
Commissioner for Public Appointments.
Commissioner for Public Appointments for Northern Ireland.
Commissioner for the Retention and Use of Biometric Material
Commissioner for Victims and Witnesses.
Commons Commissioner.
Compliance Officer for the Independent Parliamentary Standards Authority.
...
Comptroller and Auditor General for Northern Ireland.
Controller of Audit appointed under section 97(4) of the Local Government (Scotland) Act 1973.
...
...
Coroner, deputy coroner or assistant deputy coroner appointed under the Coroners Act 1988.
Coroner or deputy coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959.
Coroner of the Queen's household.
Senior coroner, area coroner or assistant coroner appointed under Part 1 of the Coroners and Justice Act 2009.
Deputy Chief Coroner appointed by the Lord Chancellor under that Part who is not also a senior coroner.
Counsel to the Secretary of State under the Private Legislation Procedure (Scotland) Act 1936.
Crown Solicitor for Northern Ireland.
Deputy Electoral Commissioners.
Director of the British Aerospace Public Limited Company appointed subject to the approval of a Minister or government department.
...
Director of British Nuclear Fuels Limited
Director of Caledonian Maritime Assets Limited.
Director of Citybus Limited.
Director of any of the following—
(a)a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000 (a licence company);
(b)a company of which a licence company is a subsidiary (within the meaning given by section 1159 of the Companies Act 2006 ;
(c)a company which is a subsidiary (within the meaning so given) of a licence company.
Director of a company for the time being holding an appointment under Chapter I of Part II of the Water Industry Act 1991 or of such a company’s holding company, being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Director of a company which is designated as the Independent System Operator and Planner in accordance with section 162 of the Energy Act 2023.
Director of any company in receipt of financial assistance under ... Part III or section 13 of the Industrial Development Act 1982, being a director nominated by a Minister of the Crown or government department.
Director of a company—
(a)which, within the meaning of Part II of the Railways Act 1993, is a successor company wholly owned by the Crown, ...
(b)...
being a director nominated or appointed by a Minister of the Crown, the Director of Passenger Rail Franchising or any other person acting on behalf of the Crown.
Director nominated by the Secretary of State of any company in respect of which an undertaking to make advances has been given by the Secretary of State under section 2 of the Highlands and Islands Shipping Services Act 1960 and is for the time being in force.
Director of David MacBrayne Limited.
...
Director of Flexibus Limited.
Director in receipt of remuneration of High Speed Two (HS2) Limited.
Director of Highlands and Islands Airports Limited.
Any director of Horticulture Research International in receipt of remuneration.
Director of International Military Services Limited.
Director of Labour Market Enforcement
Director of a Local Healthwatch organisation.
Director of Middletown Centre for Autism (Holdings) Limited or of Middletown Centre for Autism Limited.
Director of Northern Ireland Railways Company Limited.
Director of the Northern Ireland Transport Holding Company.
Director of Northern Ireland Water Limited.
Director of Nuclear Electric p.l.c.
Director of Partnerships for Schools Limited.
Director of the Pensions Advisory Service Limited.
Director of any of the following, being a director appointed or nominated by a Minister of the Crown or by a person acting on behalf of the Crown—
(a)a Post Office company,
(b)a Royal Mail company,
(c)the original holding company, and
(d)a parent company of a company within any of paragraphs (a) to (c).
Expressions used in paragraphs (a) to (d) have the same meaning as in Part 1 of the Postal Services Act 2011.
Director, or Deputy Director, of Public Prosecutions for Northern Ireland.
Director of a publicly controlled company (within the meaning of Chapter 2 of Part 1 of the Energy Act 2004) to which transfers have been made in accordance with provisions of nuclear transfer schemes authorised by that Chapter.
Director of a publicly owned successor company (within the meaning of the Atomic Energy Authority Act 1995)
Director appointed at a salary of Remploy Limited.
Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency.
Director of Scottish Futures Trust Limited.
Director of Scottish Nuclear Limited.
Director of Service Prosecutions.
Director of The Skills Development Scotland Co. Limited.
Director of Strategic Investment Board Limited.
Director of the successor company (within the meaning of the Crown Agents Act 1995) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown
Director of UK Film Council.
Director in receipt of remuneration of UK Financial Investments Limited.
Director of Ulsterbus Limited.
Director of United Kingdom Anti-Doping Limited appointed by the members of the company.
...
District judge appointed under section 6 of the County Courts Act 1984.
Domestic Abuse Commissioner.
Employee of the National Audit Office.
The Governor or Administrator of a overseas territory within the meaning of section 50(1) of the British Nationality Act 1981.
Governor, Deputy Governor or non-executive director of the Bank of England.
Governor, Lieutenant Governor and Secretary, or Captain of Invalids of Chelsea Hospital.
Governor ... or other officer or member of the staff of a prison to which the Prison Act (Northern Ireland) 1953 applies.
Groceries Code Adjudicator or Deputy Groceries Code Adjudicator.
Health Service Commissioner for England.
Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
Her Majesty's Chief Inspector of Prisons for England and Wales.
Her Majesty’s Chief Inspector of Prisons for Scotland.
Her Majesty's Chief Inspector of Probation for England and Wales.
High Commissioner representing Her Majesty’s Government in the United Kingdom.
The Immigration Services Commissioner.
The Deputy Immigration Services Commissioner.
The Forensic Science Regulator.
Independent Anti-slavery Commissioner
The Independent Case Examiner for the Department for Work and Pensions.
The Information Commissioner.
Investigating Commissioner of, or member of a decision-making committee of, the Commission for Equality and Human Rights.
Judge Advocate General, Vice Judge Advocate General Assistant Judge Advocate General .
The Judicial Appointments and Conduct Ombudsman.
Lay observer appointed under Article 42 of the Solicitors (Northern Ireland) Order 1976.
...
...
...
Lyon Clerk.
Lyon King of Arms.
Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the Agricultural Marketing Act 1958.
Member of an Agricultural Marketing Board appointed under section 3 of the Agricultural Marketing Act (Northern Ireland) 1964 or Schedule 2 to the Agricultural Marketing (Northern Ireland) Order 1982.
...
Member appointed by the Scottish Ministers of the Scottish Agricultural Wages Board.
Member appointed by the Head of the Department of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland.
...
Member of Audit Scotland appointed under section 10(2)(c) of the Public Finance and Accountability (Scotland) Act 2000 or member of the staff of Audit Scotland.
Member of the staff of the Auditor General for Wales.
Member of the Big Lottery Fund or of a committee established by the Fund under paragraph 7 of Schedule 4A to the National Lottery Act 1993
Any member in receipt of remuneration of the British Tourist Authority, the English Tourist Board or VisitScotland .
Member of staff of the Children’s Commissioner
Member of the staff of the Children’s Commissioner for Wales.
Any member of the Commission for Tertiary Education and Research in receipt of remuneration.
Member of staff of the Commissioner for Older People in Wales
Member of the staff of Crown Estate Scotland (Interim Management).
...
Member of the Determinations Panel established by the Pensions Regulator under section 9 of the Pensions Act 2004.
Member of the staff of the Disclosure and Barring Service.
Member of the staff of the Electoral Commission.
Member of the governing body of the Financial Conduct Authority;
Member of the Financial Policy Committee of the Bank of England appointed under section 9B(1)(d) or (e) of the Bank of England Act 1998.
...
...
Member of the staff of the Forestry Commissioners.
Member, not being also a Forestry Commissioner or officer of the Forestry Commissioners, of a committee appointed for England ... or Wales under section 2(3) of the Forestry Act 1967.
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Any member of the General Teaching Council for Wales in receipt of remuneration.
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Member appointed by the Secretary of State of the Horserace Betting Levy Board.
Member of the London Transport Users’ Committee in receipt of remuneration.
Member of the Monetary Policy Committee of the Bank of England appointed under section 13(2)(b) or (c) of the Bank of England Act 1998.
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...
Member of the staff of the Northern Ireland Audit Office.
Member of staff of the Office for Nuclear Regulation (within the meaning of Part 3 of the Energy Act 2013).
Member of the panel of persons available to serve as chairmen of the Care Tribunal in Northern Ireland.
Member of a panel of persons appointed to act as chairmen or other members of industrial tribunals in Northern Ireland.
Any member, in receipt of remuneration, of a panel of persons who may be selected to act as members of the Pensions Regulator Tribunal.
Member of a panel of persons appointed under Schedule 10 to the Rent Act 1977 to act as chairmen and other members of rent assessment committees.
Member of a panel of persons appointed under section 6 of the Social Security Act 1998.
Member of a panel of persons appointed under Article 7 of the Social Security (Northern Ireland) Order 1998 to act as members of appeal tribunals.
Member of the ... Passengers’ Council in receipt of remuneration.
Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994.
...
Member of the Prudential Regulation Committee of the Bank of England appointed under section 30A(2)(f) or (g) of the Bank of England Act 1998
Member of staff of the Pubs Code Adjudicator.
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Any member of a residuary body established by Part VII of the Local Government Act 1985 who is in receipt of remuneration.
Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994 who is in receipt of remuneration.
...
Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994.
Member of the staff of the State Pathology Service for Northern Ireland.
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Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the Local Government, Planning and Land Act 1980).
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National Assembly for Wales Commissioner for Standards.
National Data Guardian for Health and Social Care.
Northern Ireland Commissioner for Complaints.
Northern Ireland Human Rights Commissioner.
The Northern Ireland Judicial Appointments Ombudsman.
Officer or servant of the Crown Estate Commissioners.
Officer, clerk or servant appointed or employed under section 20 of the Greenwich Hospital Act 1865.
Officer of the Senior Courts being the holder of any office listed in any Part of Schedule 2 to the Senior Courts Act 1981 or a district judge of the High Court.
Ombudsman for the Board of the Pension Protection Fund and any deputy to that Ombudsman appointed under section 210 of the Pensions Act 2004.
Ordinary member of BBC Audience Council England, BBC Audience Council Northern Ireland, BBC Audience Council Scotland or BBC Audience Council Wales.
Parliamentary Commissioner for Administration.
Parliamentary Commissioner for Standards.
Parole Commissioner for Northern Ireland.
Pensions Ombudsman and any deputy to that Ombudsman appointed under section 145A of the Pension Schemes Act 1993 .
Person appointed under section 3(1) of the Local Government and Housing Act 1989 to carry out functions relating to the political restriction of posts under local authorities, within the meaning of Part I of that Act.
Person appointed under section 27A of the Registered Designs Act 1949 to hear and determine appeals against decisions of the registrar under that Act
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Person appointed to chair the Sports Grounds Safety Authority.
Person appointed to hear and determine appeals under the Trade Marks Act 1994.
Person holding a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part or a National Park authority .
Person on the list of those eligible to sit as members of a Gender Recognition Panel.
The Police Ombudsman for Northern Ireland.
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President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act
President of the Employment Tribunals (England and Wales) , President of the Employment Tribunals (Scotland) Employment Judge, or member of a panel of members of employment tribunals that is not a panel of Employment Judges .
President or member of the Mental Health Tribunal for Scotland.
President or vice-president of the panel of persons appointed under Schedule 4 to the Rent (Scotland) Act 1984 to act as chairmen and other members of private rented housing committees .
President of appeal tribunals appointed under Article 6 of the Social Security (Northern Ireland) Order 1998.
President, or member of a panel of persons appointed to act as chairman or other members, of the Special Educational Needs and Disability Tribunal for Northern Ireland.
President of the Special Educational Needs Tribunal for Wales, or member of a panel of persons appointed to act as chairman or other member of that Tribunal.
Prisoner Ombudsman for Northern Ireland.
Prisons and Probation Ombudsman for England and Wales.
Public Services Ombudsman for Wales.
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Pubs Code Adjudicator or Deputy Pubs Code Adjudicator.
Receiver for the Metropolitan Police District.
A regional returning officer for the purposes of the Scotland Act 1998.
Registrar of the Privy Council.
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Registration Officer appointed under section 8(2) , (2A) or (3) of the Representation of the People Act 1983.
Regulator of Community Interest Companies.
Rent officer or deputy rent officer appointed in pursuance of a scheme under section 63 of the Rent Act 1977.
Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him.
The reviewer appointed under section 40 of the Justice and Security (Northern Ireland) Act 2007.
Scottish Information Commissioner.
Scottish Parliamentary Standards Commissioner.
Scottish Public Services Ombudsman.
Scottish Road Works Commissioner.
Sentence Review Commissioner
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Service Complaints Ombudsman.
Service Police Complaints Commissioner.
Small Business Commissioner or Deputy Small Business Commissioner.
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Social fund Commissioner in Northern Ireland.
Solicitor in Scotland to any department of Her Majesty’s Government in the United Kingdom.
Standing Counsel to any department of Her Majesty’s Government in the United Kingdom.
Statutory officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978.
Surveillance Camera Commissioner
Traffic commissioner for any area constituted for the purposes of the Public Passenger Vehicles Act 1981.
Trustee of the Independent Living Fund (2006).
Part IV Offices disqualifying for particular constituencies
Office | Constituency |
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Member of Her Majesty’s Commission of Lieutenancy for the City of London. | Any constituency comprising the whole or part of the City of London. |
Her Majesty’s Lord-Lieutenant or Lieutenant for Greater London. | Any constituency comprising any part of Greater London. |
Her Majesty’s Lord-Lieutenant or Lieutenant for a county in England and Wales. | Any constituency comprising the whole or part of the area for which he is appointed. |
Her Majesty’s Lord-Lieutenant or Lieutenant for an area in Scotland. | Any constituency comprising the whole or part of the area in which the Lord-Lieutenant holds office or in which the Lord-Lieutenant or Lieutenant discharges his functions. |
. . . | . . . |
Her Majesty’s Lord-Lieutenant or Lieutenant for . . . the city of Aberdeen, Dundee, Edinburgh or Glasgow. | Any constituency comprising the whole or part of the city in which the Lord-Lieutenant holds office or for which the Lieutenant is appointed. |
Her Majesty’s Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland. | Any constituency comprising the whole or part of the area for which he is appointed. |
Governor of the Isle of Wight. | Any constituency comprising any part of the Isle of Wight . |
The High Sheriff of Greater London. | Any constituency comprising any part of Greater London. |
High Sheriff of a county in England and Wales. | Any constituency comprising the whole or part of the area for which he is appointed. |
Section 2.
SCHEDULE 2 Ministerial Offices
Prime Minister and First Lord of the Treasury.
Lord President of the Council.
Lord Privy Seal.
Chancellor of the Duchy of Lancaster.
Paymaster General.
Secretary of State.
Chancellor of the Exchequer.
. . .
President of the Board of Trade.
Minister of State.
Chief Secretary to the Treasury.
Minister in charge of a public department of Her Majesty’s Government in the United Kingdom (if not within the other provisions of this Schedule).
Attorney General.
. . .
Solicitor General.
Advocate General for Scotland
. . .
Parliamentary Secretary to the Treasury.
Financial Secretary to the Treasury.
Parliamentary Secretary in a Government Department other than the Treasury, or not in a department.
Junior Lord of the Treasury.
Treasurer of Her Majesty’s Household.
Comptroller of Her Majesty’s Household.
Vice-Chamberlain of Her Majesty’s Household.
Assistant Government Whip.