Disqualification of certain office-holders

3.11The House of Commons Disqualification Act 1975 replaced the large number of preceding statutory and common law disqualifications by a single flexible code, generally similar in scope to former provisions. Holding an office or place of profit under the Crown or any other office or place does not disqualify except as provided by that Act. The 1975 Act does not, however, affect the law of disqualification in respect of aliens, persons under 18 years of age, peers with seats in the House of Lords, those involved in bankruptcy proceedings, those convicted of treason or those implicated in corrupt or illegal electoral practices.

Disqualification is defined in the 1975 Act partly by reference to employment in certain capacities in various branches of the public service and partly by reference to the holding of particular offices mentioned in sch 1 to the Act. Certain of these offices entail disqualification for membership for certain constituencies only. The schedule is subject to amendment by Order in Council following a resolution of the House of Commons.1 It is also amended, from time to time, by other primary legislation (see below).


  1. For example, CJ (2009–10) 224–31.