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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 4

Disqualifications.

4.(1) Subject to section 5, a person shall be disqualified for being elected
or being a councillor if

(a)he holds any paid office or other place of profit (not being that of
chairman or sheriff) in the gift or disposal of that or any other council; or

(b)he has been adjudged bankrupt or has made any composition or arrangement
with his creditors; or

(c)he has within the five years immediately preceding the day of his election
or at any time subsequent to that day been surcharged to an amount exceeding
#500 by a local government auditor and

(i)the surcharge has not on appeal or application been quashed or been varied
so as to reduce the amount thereof to #500 or less, and

(ii)the High Court or the Ministry has not made a declaration that in relation
to the subject matter of the surcharge he acted reasonably or in the belief
that his action was authorised by law; or

(d)he has within the five years immediately preceding the day of his election
or at any time subsequent to that day been convicted by any court in Northern
Ireland or elsewhere in the British Islands of any offence and ordered to be
imprisoned for any period of not less than three months without the option of
a fine or been guilty of any conduct which the High Court has by order
declared was reprehensible within the meaning of section 31; or

(e)he is disqualified for being elected or being a councillor either under
section 6(2) or under any other statutory provision (including a provision
relating to corrupt or illegal practices).

(2) For the purposes of subsection (1)(c) the date on which a person has been
surcharged to any amount shall be taken as the date on which that amount was
paid or became legally recoverable from him on foot of the surcharge whichever
date first occurred.


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© 1972 Crown Copyright

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