§ EAA 2006 Sch. 1 ¶ 47(untitled)

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1 Section 3 of the Local Government Act (Northern Ireland) 1972 (C.9) (qualifications for nomination, election and holding office as a councillor in Northern Ireland) is amended as follows. 2 In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ” . 3 In subsection (2) before Commonwealth insert “ qualifying ” . 4 After subsection (3) insert— 4 For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either— a is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or b is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act. 5 But a person is not a qualifying Commonwealth citizen by virtue of subsection (4)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

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