Guidance for Candidates and Agents at UK Parliamentary general elections in Northern Ireland
Disqualifications
Apart from meeting the qualifications for standing for election, you must also not be disqualified.
The full range of disqualifications is complex and if you are in any doubt about whether you are disqualified, you must do everything you can to check that you are not disqualified before submitting your nomination papers.
You must be sure that you are not disqualified as you will be asked to sign one of the required nomination papers to confirm that you are not disqualified.1
It is a criminal offence to make a false statement on your nomination papers2 as to your qualification for being elected, so if you are in any doubt you should contact your employer, consult the legislation or, if necessary, take your own independent legal advice.
The Chief Electoral Officer for Northern Ireland or any of his Deputy Returning Officers will not be able to confirm whether or not you are disqualified.
There are certain people who are disqualified from becoming a Member of Parliament. You cannot be a candidate if at the time of your nomination and on polling day:
- You hold a post that is disqualified from becoming a Member of Parliament.3 More information is set out in our guidance Disqualifying offices.
- You are the subject of a bankruptcy restrictions.4 More information is set out in our guidance on Bankruptcy.
- You have been sentenced to a term of imprisonment or detained for a year or more and are detained anywhere in the UK, the Republic of Ireland, the Channel Islands or the Isle of Man, or are unlawfully at large.5 The nomination of a person disqualified on this basis is void, and the (Acting) Returning Officer is entitled to reject their nomination paper.6
- You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations). The disqualification for an illegal practice begins from the date a person has been reported guilty by an election court or convicted and lasts for three years.7 The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years.8
- You are subject to the notification requirement of or under Part 2 of the Sexual Offences Act 2003, and the ordinary period allowed for making an appeal or application in respect of the order or notification has passed. A disqualification set under s.81A of the Local Government Act 1972 will only apply to a person who is subject to any relevant notification requirements or relevant order made on or after 28 June 2022. A person who is in the process of making an appeal or application in relation to the disqualification is not disqualified at any time before the end of the day on which the appeal or application is disposed of, abandoned or fails by reason of non-prosecution.
- You have been convicted of an intimidatory criminal offence motivated by hostility towards a candidate, future candidate or campaigner or holder of a relevant elective office.9 The effect of a disqualification order is that the person will be disqualified from standing for, being elected to, and holding any relevant elective office for five years.
- 1. Rule 8(3) Schedule 1 Representation of the People Act 1983 (RPA 1983) ↩ Back to content at footnote 1
- 2. Section 65A(1A) RPA 1983 ↩ Back to content at footnote 2
- 3. Section 1 House of Commons Disqualification Act 1975 ↩ Back to content at footnote 3
- 4. Section 426A (for England, Wales & Northern Ireland) and s.427 (for Scotland) of the Insolvency Act 1986 ↩ Back to content at footnote 4
- 5. S.1 RPA 1981 ↩ Back to content at footnote 5
- 6. S.2 RPA 1981, rule 12(2) sch 1 RPA 1983 ↩ Back to content at footnote 6
- 7. S.160(5)(b), s.173(3)(b) part 3 RPA 1983 ↩ Back to content at footnote 7
- 8. S.160(5)(a), s.173(3)(a) part 3 RPA 1983 ↩ Back to content at footnote 8
- 9. Section 30 Elections Act 2022 ↩ Back to content at footnote 9