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The Management of Offenders etc. (Scotland) Act 2005 (Supplementary Provisions) Order 2006

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Management of Offenders etc. (Scotland) Act 2005 (Supplementary Provisions) Order 2006 No. 389

Restrictions on political activity

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2.  (1)  The post of chief officer of a community justice authority is a politically restricted post and the provisions of the Local Government Officers (Political Restrictions) Regulations 1990(1) shall apply as if the post was a politically restricted post under a local authority and the person was appointed otherwise than pursuant to section 9 of the 1989 Act.

(2) The terms and conditions of employment of all employees of a community justice authority, other than the chief officer, shall incorporate terms and conditions that prohibit any such employee from announcing, or authorising or permitting others to announce that they are or intend to be a candidate for election as a member of a local authority whose boundaries lie within the area of the community justice authority of which they are an employee.

(3) A person who is a member of–

(a)the House of Commons;

(b)the Scottish Parliament;

(c)the European Parliament; or

(d)a local authority within the meaning of section 21(1) or (2) of the 1989 Act,

shall be disqualified from appointment as chief officer of a community justice authority.

(4) A person who is a member of a local authority in Scotland shall be disqualified from appointment to any paid office or employment, other than as chief officer, of the community justice authority within whose boundaries that local authority lies.


S.I. 1990/851; amended by S.I. 1998/3116.

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