Disqualification in United Kingdom

Definition of Disqualification

In accordance with the work A Dictionary of Law, this is a description of Disqualification :

Depriving someone of a right because he has committed a criminal offence or failed to comply with specified conditions. Disqualification is usually imposed in relation to activities requiring a licence, and in particular for traffic offences. In the case of many traffic offences, the court has discretion to disqualify drivers for a stated period. There are also a number of traffic offences for which disqualification for at least 12 months is compulsory (unless the offender can show special reasons relating to the circumstances of the offence, not to his personal circumstances). These offences are:

(1) manslaughter;

(2) *causing death by dangerous driving (the minimum disqualification period here is two years);

(3) *causing death by careless driving;

(4) *dangerous driving;

(5) driving or attempting to drive while unfit;

(6) driving or attempting to drive with excess alcohol in the breath, blood, or urine (See drunken driving);

(7) failure (in certain cases) to provide a specimen of breath, blood, or urine (*specimen of breath, *specimen of blood, *specimen of urine);

(8) racing or speed trials on the highway.

If a person is convicted for a second time within ten years of a driving offence involving drink or drugs, he must be disqualified for at least three years. The courts may also disqualify anyone who commits an indictable offence of any kind involving the use of a car. There is also a totting-up system (*totting up) of endorsements, which can result in disqualificatio When someone is disqualified from driving, his licence will usually also be endorsed with details of the offence (but not with any penalty points for the purpose of totting up). The court may also make a *driving-test order. A person who has been disqualified from driving may apply to have the disqualification removed after two years or half the period of disqualification (whichever is longer) or, when he has been disqualified for ten years or more, after five years.

See also driving while disqualified.

Insider dealing

Disqualification for misconduct

Find under this subsection information about Disqualification for misconduct in relation to Insider dealing.

Disqualification

Chiltern Hundreds and the Manor of Northstead Meaning, as used in the UK Parliament

The Steward and Bailiffs of the Chiltern Hundreds and of the Manor of Northstead were positions traditionally paid for by the Crown. In modern times they are merely formal titles and are applied for when an Member of Parliament needs to disqualify themselves from the Commons.

An elected Member of Parliament has no right to resign: unless they die or are expelled they must therefore become disqualified if they wish to retire before the end of a Parliament. Taking on a paid office of the Crown immediately bars a person from being an Member of Parliament.