The European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2009

Made: 29th January 2009

Coming into force in accordance with article 1(1)

Accordingly, the Secretary of State makes the following Order:

Citation, interpretation, commencement and extent

1

• (1) This Order may be cited as the European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2009 and shall come into force on the day after the day on which it is made.

• (2) In this Order “Gibraltar public office” is to be construed in accordance with section 79 (references to public office, etc.) of the Constitution of Gibraltar set out in Annex 1 to the Gibraltar Constitution Order 2006.

• (3) This Order extends to the United Kingdom and Gibraltar.

Revocation

2

The European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2004³ is revoked.

Disqualification for the office of MEP

3

In addition to persons otherwise disqualified for the office of MEP⁴, a person is disqualified for the office of MEP if that person–

• (a) has been adjudged or otherwise declared bankrupt under any law in force in Gibraltar and has not been discharged;

• (b) holds or acts in a Gibraltar public office, unless the public office in question is described in Schedule 1 (classes of public officers who may be elected as members) or Schedule 2 (classes of public officers who may be candidates for election) to the Parliament Act⁵ ;

• (c) is the Clerk of the Parliament of Gibraltar, or any deputy or clerk appointed by the Clerk (in the Clerk’s capacity as local returning officer or the European electoral registration officer for Gibraltar)⁶;

• (d) is disqualified for election as an Elected Member of the Parliament of Gibraltar by virtue of section 36 of the Parliament Act (penalty for and incapacity following illegal practices); or

• (e) having been found guilty of one or more offences (whether in Gibraltar or elsewhere), and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year, is imprisoned or detained anywhere in Gibraltar in pursuance of the sentence or order or is unlawfully at large at a time when such a person would otherwise be liable to be so imprisoned or detained.

Signed

Michael Wills — Minister of State — Ministry of Justice — 29th January 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 10 of the European Parliamentary Elections Act 2002 (c.24)(“2002 Act”) provides for certain classes of people to be disqualified for the office of Member of the European Parliament (“MEPs”). Section 21 of the European Parliament (Representation) Act 2003 (c.7) amended section 10 of the 2002 Act so as to give the Secretary of State power to disqualify persons of a description connected with Gibraltar. The Order provides for similar classes of people to be disqualified as those who are disqualified in the United Kingdom.

This Order revokes and replaces the European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2004 (S.I.2004/1246) and is necessary in the light of the changes made by the Gibraltar Constitution Order 2006.

The Order refers to the Parliament Act (Gibraltar Act No. 1950-15) and the Gibraltar Constitution Order 2006. These can be obtained from www.gibraltarlaws.gov.gi

Footnotes