The European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2004

• Citation: S.I. 2004/1246
• Sections: 2

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2004 and shall come into force on the day after the day on which it is made.

(2) In this Order—

“Gibraltar public office” means a public office for the purposes of sections 28 (disqualifications for elected members) and 80 (references to public office, etc. ) of the Constitution of Gibraltar set out in Annex 1 to the Gibraltar Constitution Order 1969.

(3) References in this Order to the House of Assembly Ordinance are to the Gibraltar Ordinance of that name.

Section 2 Disqualification for office of MEP

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

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

(b) he holds or acts in a Gibraltar public office, unless the public office in question is described in Schedule 2 (classes of public officers who may be candidates for election) to the House of Assembly Ordinance;

(c) he is the clerk to the House of Assembly of Gibraltar, or any deputy or clerk appointed by him (in his capacity as local returning officer or the European electoral registration officer for Gibraltar);

(d) he is disqualified for election as an Elected Member of the House of Assembly of Gibraltar by virtue of section 36 of the House of Assembly Ordinance (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, he is detained anywhere in Gibraltar in pursuance of the sentence or order or is unlawfully at large at a time when he would otherwise be so detained.