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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 6 

Penalties for acting while disqualified.

6.(1) Subject to the succeeding provisions of this section, if any person acts
or purports to act as a councillor while disqualified within the meaning of
this section for so acting, he shall be guilty of an offence and shall be
liable

(a)on conviction on indictment, to a fine not exceeding #250 or to
imprisonment for a term not exceeding one year, or to both; or

(b)on summary conviction to a fine not exceeding #100.

(2) A person who is convicted of an offence under subsection (1) shall for a
period of five years next occurring after the date of conviction be
disqualified for being elected or being a councillor.

(3) A person shall be deemed to be disqualified within the meaning of this
section for acting as a councillor of a council

(a)if, under any statutory provision, he is disqualified for being, or is not
qualified to be, a councillor of that council; or

(b)if for any reason, he has ceased to be a councillor of that council.

(4) Where on a prosecution for an offence under subsection (1) it is alleged
against any person that at the day of his election he was disqualified for
being elected a councillor, and the court is satisfied that a local election
petition questioning his election has, within the time specified in section 80
of the Electoral Law Act (Northern Ireland) 1962, been presented under
section 79 of that Act, the court shall adjourn the prosecution pending the
final determination of the trial of that petition and shall on any adjourned
hearing after such determination take into account any finding of law embodied
therein so far as the same may be relevant.

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© 1972 Crown Copyright

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