Statutory Instrument 1990 No. 851

The Local Government Officers (Political Restrictions) Regulations 1990

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© Crown Copyright 1990

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1990 No. 851

LOCAL GOVERNMENT, ENGLAND AND WALES

LOCAL GOVERNMENT, SCOTLAND

The Local Government Officers (Political Restrictions) Regulations 1990

The Secretary of State for the Environment, as respects England, the Secretary of State for Scotland, as respects Scotland and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 1(5) and (6) of the Local Government and Housing Act 1989^[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Local Government Officers (Political Restrictions) Regulations 1990 and shall come into force on 1st May 1990.

Interpretation
    2.    In these Regulations—

"the Act" means the Local Government and Housing Act 1989;

references to the appointee are references to a person holding such a post as is mentioned in regulation 3(1) and references to the holding of an appointment shall be construed accordingly;

references to a political party do not include references to an organisation whose objects relate solely to matters arising in, or connected with, a state which is not a member State^[2]; and

references to speaking to the public include references to the giving of an interview which, to the knowledge of the person giving it, is likely to result in the publication of statements made, or opinions expressed, during the course of the interview.

Terms of appointment and conditions of employment
    3.—(1)  The terms of appointment and conditions of employment of every person holding a politically restricted post under a local authority (including persons appointed to such posts before the coming into force of these Regulations) shall be deemed to incorporate—
 (a) in all cases, the terms and conditions set out in Part I of the Schedule hereto;
 (b) in the case of persons appointed otherwise than pursuant to section 9 of the Act (political assistants), the further terms and conditions set out in Part II of that Schedule; and
 (c) in the case of persons appointed pursuant to that section, the further terms and conditions set out in Part III of that Schedule.

    (2)  The terms and conditions referred to in paragraph (1)(a) to (c) apply to the appointee at all times while he holds his appointment.

Incidental and supplementary provisions
    4.    In determining whether a person is in breach of a term or condition set out in Part II of the Schedule hereto, regard shall be had, in particular, to the following matters—
 (a) whether the appointee referred to a political party or to persons identified with a political party, or whether anything said by him or the relevant work promotes or opposes a point of view identifiable as the view of one political party and not of another; and
 (b) where the appointee spoke or the work was published as part of a campaign, the effect which the campaign appears to be designed to achieve.

Chris Patten

Secretary of State for the Environment

4th April 1990

Malcolm Rifkind

Secretary of State for Scotland

4th April 1990

Peter Walker

Secretary of State for Wales

4th April 1990

[1] 1989 c. 42. back

[2] See the definition of "member" in Part II of Schedule 1 to the European Communities Act 1972 (c. 68). back

Explanatory Note