Paragraph 47 Disqualifications for elected or appointed membership

(1)

No person shall be qualified to be an elected member or an appointed member of the House of Assembly who—

(a)

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

(b)

holds or is acting in any public office;

(c)

has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged;

(d)

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

(e)

at the date of election, is under sentence of death imposed on him by a court of law in any country, or is serving or has at any time within the period of five years immediately preceding that date been serving any part of a sentence of imprisonment (by whatever name called) of at least twelve months imposed on him or her by such a court 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;

(f)

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—

(i)

in the case of an appointed member, has not disclosed to the Governor in writing the nature of such contract and his or her interest, or the interest of such firm or company, in it; or

(ii)

in the case of an elected member, has not, within the period of one month immediately preceding the date of election, published in the Gazette a notice setting out the nature of such contract and his or her interest, or the interest of such firm or company, in it;

(g)

is disqualified for membership of the House of Assembly by any law relating to offences of corruption or to offences connected with elections; or

(h)

in the case of an elected member, is disqualified for election by any law 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 register of electors.

(2)

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

(a)

where a person is serving two or more sentences of imprisonment that are required to be served consecutively he or she shall, throughout the whole time during which he or she so serves, be regarded as serving a sentence exceeding twelve months if (but not unless) any one of those sentences exceeds that term; 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.