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Paragraph 17 Qualifications and disqualifications of Elected Members of Legislative Council.

Original text. Later amendments are not shown.

(1)

A person elected an Elected Member of the Legislative Council shall be a British citizen or British Dependent Territories citizen who has attained the age of twenty-one years and shall be a person who is registered as a voter, and no person shall be qualified to be so elected who–

(a)

is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;

(b)

subject to subsection (2) of this section, holds, or is acting in, any public office;

(c)

is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;

(d)

is mentally ill within the meaning of any law in force in St. Helena;

(e)

is under sentence of death imposed on him by a court of law in any country, or is under a sentence of imprisonment (by whatever name called) for a term of or exceeding twelve months, other than a sentence in lieu of a fine, but including a suspended sentence, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;

(f)

is disqualified for membership of the Council under any law in force in St. Helena relating to offences connected with elections; or

(g)

holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election or the compilation or revision of any electoral register.

(2)

The Governor, acting in his discretion, may by notice published in the Gazette make provision for enabling any public officer or class of public officer not otherwise disqualified under subsection (1) of this section to be qualified to be elected as an Elected Member of the Legislative Council.

(3)

For the purpose of subsection (1)(e) of this section, two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms.