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.
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.
Section 4 of the act adds the offices of steward or bailiff of the Chiltern Hundreds and the Manor of Northstead, only for the purposes of the vacation of a seat in the House of Commons. 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.
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.
Repealed enactments Section 10(2) of the act repealed 87 enactments, listed in schedule 3 to the act.