Aliens

3.2Aliens are disqualified by statute from membership of the House of Commons.

By the Act of Settlement 1700–01, ‘no person born out of the Kingdoms of England, Scotland or Ireland, or the Dominions thereunto belonging … (except such as are born of English parents)’ may be a member of either House (s 3). By virtue of a modification made by the British Nationality Act 1981 (sch 7), this provision does not apply to Commonwealth citizens or citizens of the Republic of Ireland. Under the latter Act (s 37) ‘Commonwealth citizen’ means a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen or a British subject; or a citizen of a Commonwealth country mentioned in sch 3 to the Act. A person who is non-domiciled for tax purposes may stand for election to the House, but once elected will be treated as domiciled.1

Footnotes

  1. 1. Constitutional Reform and Governance Act 2010 (c 25), s 41.