House of Commons Disqualification Act 1975
| Act of Parliament | |
| Long title | An Act to consolidate certain enactments relating to disqualification for membership of the House of Commons. |
|---|---|
| Citation | 1975 c. 24 |
| Territorial extent | [b] |
| Dates | |
| Royal assent | 8 May 1975 |
| Commencement | 8 May 1975[c] |
| Other legislation | |
| Amends | |
| Amended by | List
|
| Relates to | |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the House of Commons Disqualification Act 1975 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
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.
Provisions
Disqualification
The groups disqualified from membership of the House of Commons for 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 4 of the act 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.
Limits
Section 2 of the act 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 MP appointed above that limit is forbidden to vote until the number is reduced to 95.
The effect of this part of the act is that the maximum number of MPs who can be appointed to ministerial posts is 95 (whether paid or unpaid). There is no equivalent limit on the number of members of the House of Lords who can be appointed to ministerial posts.[1]
Repealed enactments
Section 10(2) of the act repealed 87 enactments, listed in schedule 3 to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 5 & 6 Eliz. 2. c. 20 | House of Commons Disqualification Act 1957 | The whole act, except section 2(3). |
| 5 & 6 Eliz. 2. c. 48 | Electricity Act 1957 | In Schedule 4, in Part II, the entry relating to the House of Commons Disqualification Act 1957. |
| 6 & 7 Eliz. 2. c. 16 | Commonwealth Institute Act 1958 | Section 7(2). |
| 6 & 7 Eliz. 2. c. 66 | Tribunals and Inquiries Act 1958 | The whole act, so far as unrepealed. |
| 6 & 7 Eliz. 2. c. 71 | Agriculture Act 1958 | Section 8(2). In section 11(2), the words "except subsection (2) of section eight thereof". |
| 7 & 8 Eliz. 2. c. 40 | Deer (Scotland) Act 1959 | In section 37(2), the words from "except" to "Act 1957". In Schedule 1, paragraph 3. |
| 7 & 8 Eliz. 2. c. 62 | New Towns Act 1959 | Section 2(11). In section 14, in subsection (2) the words from "except" to "Commons" and in subsection (3) the words "except the said provision". In Schedule 1, paragraph 1(10). |
| 7 & 8 Eliz. 2. c. 69 | Wages Councils Act 1959 | Section 25. In section 27(3) the words "save as otherwise expressly provided". |
| 7 & 8 Eliz. 2. c. 72 | Mental Health Act 1959 | Section 3(5). In sections 150 and 152 the words "subsection (5) of section three". |
| 8 & 9 Eliz. 2. c. 18 | Local Employment Act 1960 | Section 11. |
| 8 & 9 Eliz. 2. c. 58 | Charities Act 1960 | In section 49(2)(a) the words from "it amends" to "1957". |
| 8 & 9 Eliz. 2. c. 61 | Mental Health (Scotland) Act 1960 | Section 2(6). In sections 114 and 116 the words "subsection (6) of section two". |
| 9 & 10 Eliz. 2. c. 17 | Betting Levy Act 1961 | The whole act, so far as unrepealed. |
| 9 & 10 Eliz. 2. c. 49 | Covent Garden Market Act 1961 | Section 47. |
| 10 & 11 Eliz. 2. c. 46 | Transport Act 1962 | Section 85. In Part I of Schedule 11, the words "section eighty-five" and the words "and the House of Commons Disqualification Act 1957". |
| 1963 c. 33 | London Government Act 1963 | Section 92. In section 94, in subsection (3), the words "and section 92" and the words from "and the repeals" to "Act 1957" and in subsection (4) the words from the beginning to "said repeals" and the words "other than this subsection". |
| 1963 c. 38 | Water Resources Act 1963 | In section 137, in subsection (2), the words "and paragraph 4 of Schedule 6 thereto" and in subsection (3) the words "(except paragraph 4 of Schedule 6)". In Schedule 6, paragraph 4. |
| 1963 c. 40 | Commonwealth Development Act 1963 | Section 1(4). |
| 1964 c. 14 | Plant Varieties and Seeds Act 1964 | In Schedule 4, paragraph 4. |
| 1964 c. 16 | Industrial Training Act 1964 | Section 15. In section 19(2) the words "except section 15". |
| 1964 c. 25 | War Damage Act 1964 | Section 13(4). |
| 1964 c. 40 | Harbours Act 1964 | In section 63(2) the words "except paragraph 7 of Schedule 1". In Schedule 1, paragraph 7. |
| 1964 c. 42 | Administration of Justice Act 1964 | In section 41, in subsection (6), the words from "and so" to "Act 1957" and in subsection (7) the words from "except" to "Act 1957". In Schedule 3, in Part II, paragraph 23. |
| 1964 c. 56 | Housing Act 1964 | In section 108(3), the words "except paragraph 2(10) of Schedule 1". In Schedule 1, paragraph 2(10). |
| 1964 c. 98 | Ministers of the Crown Act 1964 | Section 3. In section 5, subsections (1) to (3). Schedule 2. |
| 1965 c. 10 | Superannuation (Amendment) Act 1965 | In Schedule 1, the entry relating to the House of Commons Disqualification Act 1957. |
| 1965 c. 14 | Cereals Marketing Act 1965 | In Schedule 1, paragraph 12. |
| 1965 c. 16 | Airports Authority Act 1965 | In section 25(2), the words "except paragraph 5 of Schedule 1". In Schedule 1, paragraph 5. |
| 1965 c. 22 | Law Commissions Act 1965 | Section 6(1). |
| 1965 c. 46 | Highlands and Islands Development (Scotland) Act 1965 | In section 19(2) the words from "except" to "Act 1957". In Schedule 1, paragraph 6. |
| 1966 c. 6 | National Insurance Act 1966 | Section 13(2). |
| 1966 c. 8 | National Health Service Act 1966 | In the Schedule, paragraph 8. |
| 1966 c. 20 | Ministry of Social Security Act 1966 | In section 40(4) the words "the House of Commons Disqualification Act 1957". In Schedule 1, paragraph 7. In Schedule 6, paragraph 15. |
| 1966 c. 34 | Industrial Development Act 1966 | In section 21(6), the words from "except" to "disqualification)". In section 31(7), paragraph (b) and the word "and" immediately preceding it. In Schedule 3, in Part II, the entry relating to the House of Commons Disqualification Act 1957. |
| 1967 c. 13 | Parliamentary Commissioner Act 1967 | Section 1(4). |
| 1967 c. 17 | Iron and Steel Act 1967 | Section 1(8). In section 51(2) the words "(except section 1(8) thereof)". |
| 1967 c. 18 | Local Government (Termination of Reviews) Act 1967 | In section 3(2) the words from the beginning to "Act 1957". |
| 1967 c. 22 | Agriculture Act 1967 | Section 73. |
| 1967 c. 80 | Criminal Justice Act 1967 | In Schedule 2, paragraph 3. |
| 1967 c. 86 | Countryside (Scotland) Act 1967 | Section 1(7). In section 79(2) the words from "except" to "Act 1957". |
| 1968 c. 24 | Commonwealth Telecommunications Act 1968 | Section 2(b). |
| 1968 c. 41 | Countryside Act 1968 | Section 1(6). In section 50, subsection (4) and in subsection (5) the words "and (4)" and "subject to subsection (4) above". |
| 1968 c. 65 | Gaming Act 1968 | Section 10(4). In section 54(2) the words "(except section 10(4))". |
| 1968 c. 67 | Medicines Act 1968 | Section 2(6). |
| 1968 c. 71 | Race Relations Act 1968 | In section 29(4) the words from "except" to "Act 1957". In Schedule 1, paragraph 12. In Schedule 4, paragraph 8. |
| 1968 c. 73 | Transport Act 1968 | Section 155. In Schedule 17, in Part II, the words "155" and the words from "and so far" to "Part III". |
| 1969 c. 30 | Town and Country Planning (Scotland) Act 1969 | In section 108(3), the words from "and except" to "Act 1957". |
| 1969 c. 35 | Transport (London) Act 1969 | In section 47(4) the words from the beginning to "Act 1957". |
| 1969 c. 48 | Post Office Act 1969 | Section 14(20). In Schedule 1, paragraph 6. |
| 1969 c. 51 | Development of Tourism Act 1969 | Section 1(4). In section 21(4) the words "except section 1(4)". |
| 1970 c. 40 | Agriculture Act 1970 | In Schedule 1, paragraph 12. |
| 1970 c. 46 | Radiological Protection Act 1970 | In Schedule 1, paragraph 6. |
| 1970 c. 51 | National Insurance (Old persons' and widows' pensions and attendance allowance) Act 1970 | In section 10(3), the words "1 and". In Schedule 2, in Part I, paragraph 1. |
| 1971 c. 18 | Land Commission (Dissolution) Act 1971 | In section 7(3) the words from "except" to "Act 1957". |
| 1971 c. 23 | Courts Act 1971 | Section 17(5). In section 59(5) and (6), paragraph (b). |
| 1971 c. 58 | Sheriff Courts (Scotland) Act 1971 | Section 21. In section 47(3) the words from "and section" to "Act 1957)". |
| 1971 c. 73 | Social Security Act 1971 | In section 10(2), the words "1 and". |
| 1971 c. 75 | Civil Aviation Act 1971 | Section 1(5). Section 37(5). |
| 1971 c. 77 | Immigration Act 1971 | In Schedule 5, paragraphs 4 and 10. |
| 1971 c. 78 | Town and Country Planning Act 1971 | Section 47(5). In section 295(2) the words from "relates to" to "Act 1957 or". |
| 1972 c. 3 | Ministerial and other Salaries Act 1972 | In section 1(6) the words from the beginning to the end of paragraph (b) and the word "and" immediately following that paragraph. |
| 1972 c. 41 | Finance Act 1972 | In Schedule 6, paragraph 8. |
| 1972 c. 52 | Town and Country Planning (Scotland) Act 1972 | Section 44(5). Section 47(5). In section 281(3) the words from "and relates" to "Act 1957". |
| 1972 c. 54 | British Library Act 1972 | In the Schedule, paragraph 6. |
| 1972 c. 58 | National Health Service (Scotland) Act 1972 | Section 42(4). In section 65(3) and (4), the words "42(4)". In Schedule 1, paragraph 6. |
| 1972 c. 60 | Gas Act 1972 | In section 50(2) the words from "and the" to "Schedule 8)". In Schedule 3, paragraph 4. In Schedule 6, paragraph 7. |
| 1972 c. 62 | Agriculture (Miscellaneous Provisions) Act 1972 | In section 27(5)(b) the words "to the House of Commons Disqualification Act 1957". |
| 1972 c. 68 | European Communities Act 1972 | In Schedule 4, paragraph 5(6). |
| 1972 c. 70 | Local Government Act 1972 | Section 268. In section 274, in subsection (2) the words "section 268 above" and the words from "and the repeals" to "that Act" and in subsection (3) the words from the beginning to "said repeals". |
| 1973 c. 9 | Counter-Inflation Act 1973 | In Schedule 1, paragraph 9. |
| 1973 c. 32 | National Health Service Reorganisation Act 1973 | In Schedule 4, paragraph 79 and in paragraphs 147 and 148 the words "42(4)". |
| 1973 c. 37 | Water Act 1973 | In section 40, in subsection (4)(d) the words "69" and in subsection (5) the words "and paragraph 69 of Schedule 8". In Schedule 8, paragraph 69. |
| 1973 c. 38 | Social Security Act 1973 | Section 66(3). Section 73(5). In Schedule 7, paragraph 2. In Schedule 27, paragraph 18. |
| 1973 c. 39 | Statute Law (Repeals) Act 1973 | In Schedule 2, paragraph 3. |
| 1973 c. 41 | Fair Trading Act 1973 | In Schedule 1, paragraph 4. |
| 1973 c. 50 | Employment and Training Act 1973 | In section 15(3), the word "4" where it first occurs. In Schedule 3, paragraph 4. |
| 1973 c. 54 | Nature Conservancy Act 1973 | In section 5(3) the words "and paragraph 19 of Schedule 3 also extends to Northern Ireland". In Schedule 3, paragraph 19. |
| 1973 c. 64 | Maplin Development Act 1973 | In Schedule 1, paragraph 5. |
| 1973 c. 65 | Local Government (Scotland) Act 1973 | Section 218(5). Section 224(5). In section 238(3) the words from "and except" to "Act 1957". In Schedule 4, paragraph 3. |
| 1974 c. 7 | Local Government Act 1974 | In section 43(6) the words from the beginning to "Act 1957". In Schedule 4, paragraph 12. |
| 1974 c. 21 | Ministers of the Crown Act 1974 | Section 2. Section 3(1). |
| 1974 c. 24 | Prices Act 1974 | Section 6(3). |
| 1974 c. 37 | Health and Safety at Work etc. Act 1974 | In section 84(1)(b), the words "2 and". In Schedule 9, paragraph 2. |
| 1974 c. 47 | Solicitors Act 1974 | In section 90(4)(c), the words "paragraph 5 of Schedule 3". In Schedule 3, paragraph 5. |
| 1974 c. 48 | Railways Act 1974 | Section 9(3). |
| 1974 c. 52 | Trade Union and Labour Relations Act 1974 | In section 31(5), the words "the House of Commons Disqualification Act 1957". In Schedule 3, paragraph 6. |
| 1975 c. 18 | Social Security (Consequential Provisions) Act 1975 | In Schedule 2, paragraph 12. |
Amendments
The act was amended by subsequent legislation:
- The Disqualifications Act 2000, a consequence of the Good Friday Agreement, added the words "other than Ireland", prior to which Irish legislators were disqualified just as any other foreign legislators are. This was to bring them in line with treatment of Commonwealth legislators; however, as of 2022 no one has taken advantage of this privilege.
- Previously, all ministers of the Church of Scotland, priests, and deacons were disqualified. The House of Commons (Removal of Clergy Disqualification) Act 2001 restricted this disqualification to only Lords Spiritual, i.e. the most senior Anglican bishops who already sit in the House of Lords ex officio.
- Various enactments have amended the lists of disqualified bodies and offices, particularly as they have come in or out of existence or fallen out of government control.
- The Representation of the People Act 1981 provides for the automatic disqualification of parliamentary candidates or expulsion of sitting MPs if they serve an imprisonment of over a year. The nomination of a disqualified candidate is voided. The election of such a candidate or the re-election of an MP thus imprisoned will also be voided, leading to a by-election in their constituency.
- The Wales Act 2014 and Northern Ireland (Miscellaneous Provisions) Act 2014 respectively made members of Senedd Cymru (Welsh Parliament), formerly the National Assembly for Wales until May 2020, or the Northern Ireland Assembly ineligible for the House of Commons.
- The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025, an implementing instrument for the Scottish Elections (Representation and Reform) Act 2025 that amended the Scotland Act 1998, provides that an MP who is elected member of the Scottish Parliament (MSP) or vice versa, since 2026, has 49 days to vacate either office.
- The English Devolution and Community Empowerment Act 2026 also disqualifies the mayor of a combined authority area from serving as an MP or vice versa after eight days into either term.
See also
Notes
- ^ Section 11(1).
- ^ Section 11(2).
- ^ The Acts of Parliament (Commencement) Act 1793.
References
- ^ "Limitations on the number of Ministers" (PDF). Parliament.UK. 6 August 2021. Retrieved 1 November 2025.
- ^ "House of Commons Disqualification Act 1975", legislation.gov.uk, The National Archives, 1975 c. 24
External links
- Text of the House of Commons Disqualification Act 1975 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the House of Commons Disqualification Act 1975 as originally enacted or made within the United Kingdom, from legislation.gov.uk.