HC Deb 26 March 2003 vol 402 cc409-10

8 (1) A person is disqualified for membership of a subgroup if he is—

  1. (a) a police officer;
  2. (b) a member of the police support staff;
  3. (c) a member of the Board; or
  4. (d) an employee of the council.

(2) A person removed from office under paragraph 7(1) is disqualified for membership of a subgroup until the date of the next local general election following his removal.

(3) A person is disqualified for being an independent member of a subgroup if—

  1. (a) he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and
  2. (b) the relevant period has not ended.

(4) The relevant period is the period of five years beginning with the person's discharge in respect of the offence.

(5) For the purposes of subparagraph (4) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

  1. (a) his release on licence;
  2. (b) his release in pursuance of a grant of remission.

(6) Subparagraph (5) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

(7) Subject to subparagraph (8), the reference in subparagraph (3) to a sentence of imprisonment or detention does not include a suspended sentence.

(8) Subparagraph (7) does not apply in relation to a suspended sentence that has been ordered to take effect.

(9) In this paragraph "suspended sentence" means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.