Part I
(2) A citizen of the European Union who is resident in the United Kingdom is not disqualified from being a member of the Parliament merely because of section 3 of the 1700 c. 2Act of Settlement (disqualification of persons born outside the United Kingdom other than Commonwealth citizens and citizens of the Republic of Ireland).
(3) Subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the Parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 15(1)(b).
(4) The Parliament may resolve to disregard any disqualification incurred by that person on the ground in question if it considers that—
- (a) the ground has been removed, and
- (b) it is proper to disregard any disqualification so incurred.
(5) A resolution under this section shall not—
- (a) affect any proceedings under Part III of the 1983 c. 2.Representation of the People Act 1983 as applied by an order under section 12, or
- (b) enable the Parliament to disregard any disqualification which has been established in such proceedings or in proceedings under section 18.
Effect of disqualification. 17.—(1) If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant.
(2) If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant).
(3) Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 16.
(4) Subsection (2) also has effect subject to section 141 of the 1983 c. 20.Mental Health Act 1983 (mental illness) and section 427 of the 1986 c. 45.Insolvency Act 1986 (sequestration etc); and where, in consequence of either of those sections, the seat of a disqualified member of the Parliament is not vacant he shall not cease to be a member of the Parliament until his seat becomes vacant but—
- (a) he shall not participate in any proceedings of the Parliament, and
- (b) any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament.
(5) The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit.
Judicial proceedings as to disqualification. 18.—(1) Any person who claims that a person purporting to be a member of the Parliament is disqualified or has been disqualified at any time since being returned may apply to the Court of Session for a declarator to that effect.
