Article 52 Disqualifications for elected membership

(1)

No person shall be qualified to be elected as a member of the Legislative Assembly who—

(a)

is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state and has not formally renounced it before the expiration of ten days after his or her nomination for election;

(b)

holds or is acting in any public office, in the office of a judge of the High Court or of the Court of Appeal, or in the office of Magistrate;

(c)

has been adjudged or otherwise declared bankrupt under any law in force in any country and has not been discharged;

(d)

is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government and has not before the expiration of ten days after his or her nomination for election delivered a notice to the Electoral Commission setting out the nature of such contract and his or her interest, or the interest of such firm or company, in it;

(e)

is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Montserrat;

(f)

subject to subsection (2), is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him or her by a court of law in any country or substituted by competent authority for some other sentence imposed on him or her by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(g)

is disqualified for membership of the Assembly by virtue of any law in force in Montserrat relating to offences connected with elections; or

(h)

is disqualified for election by any law in force in Montserrat by reason of his or her holding, or acting in, any office the functions of which involve—

(i)

any responsibility for, or in connection with, the conduct of any election; or

(ii)

any responsibility for the compilation or revision of any electoral register for the purpose of any election.

(2)

For the purposes of subsection (1)(f)—

(a)

two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

(b)

no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

(3)

The Electoral Commission shall forthwith publish any notice delivered to it under subsection (1)(d) in such manner as it considers effective for the purpose of informing the electorate before the date of election.