Disqualifications for Representatives and Senators.

28.- (1) A person shall not be qualified to be elected or appointed as a member if he-

a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;

b) is a minister of religion;

c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law;

d) is a person certified to be insane or otherwise adjudge to be of unsound mind under any law; or

e) is under sentence of death imposed on him by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended.

(2) If it is so provided by Parliament, a person shall not be qualified to be elected or appointed as a member if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of Representatives or members of the Nevis Island Assembly or the compilation of any register of voters for the purpose of electing Representatives or members of that Assembly.

(3) If it is so provided by Parliament, a person who is convicted by any court of law of any criminal offence that is prescribed by Parliament and that is connected with the election of Representatives or members of the Nevis Island Assembly or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such a period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member.

(4) A person shall not be qualified to be elected as a Representative who is a Senator; and a person shall not be qualified to be appointed as a Senator who is, or is nominated for election as, a Representative or who has at any time since Parliament was last dissolved stood as a candidate for election as a Representative without being so elected.

(5) If it is so provided by Parliament, and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be elected or appointed as a member if-

a) he holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment) other than the office of elected member of nominated member of the Nevis Island Assembly or member of the Nevis Island Administration;

b) he belongs to any defence force or to any class of person that is comprised in any such force;

c) he belongs to any police force or to any class of person that is comprised in any such force; or

d) subject to any exception or limitations prescribed by Parliament, he has any such interest in any such government contract as may be so prescribed.

(6) In this section-

“government contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such;

“member” means member of the National Assembly;

“minister or religion” means any person in holy orders and any other person the principal function of whose occupation include teaching or preaching in any congregation for religious worship.

(7) For the purposes of paragraph (e) of subsection (1)-

a) two or more sentences or imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as on sentence; and

b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default or the payment of a fine.

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