Local Government (Scotland) Act 1947

Disqualifications for Office.

52 Disqualifications for nomination, election and holding office as member of local authority.

(1) A person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—

(a) he or a partner of his holds any paid office or other place of profit in the gift or disposal—

(i) of the authority or of any committee or subcommittee of the authority; or

(ii) of any joint committee or joint board the expenses of which are defrayed in part by the authority; or

(b) he is a person whose estate has been sequestrated by a competent court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; or

(c) he is disqualified for being elected or for "being a member of a local authority under any enactment relating to corrupt or illegal practices:

Provided that—

(i) the disqualification attaching to a person whose estate has been sequestrated shall cease if and when—

(a) the sequestration of his estate is recalled or reduced; or

(b) he obtains his discharge from a competent court;

(ii) the disqualification attaching to a person by reason of his having been adjudged bankrupt shall cease if and when—

(a) the bankruptcy is annulled; or

(b) he is discharged.

(2) For the purposes of this section a committee: all the members of which, other than any ex-officio members, are appointed by a local authority shall, where the expenses of the committee are defrayed wholly or partly by the authority, be deemed to be a committee of the authority, notwithstanding that the committee may exercise functions which are not vested in the authority.

53 Procedure in case of disqualification.

(1) Where a person is at the time of his election disqualified within the meaning of this section for acting as a member of a local authority or where a member of a local authority becomes so disqualified for acting as a member of the authority (such person or member being in this section referred to as " the person in question "), his office shall nevertheless not be vacated and he shall not be prevented from voting or acting as a member of the authority until—

(a) he resigns; or

(b) a declaration has been made by the sheriff in proceedings under subsection (2) of this section that the office of the person in question is vacant; or

(c) a resolution declaring the office vacant has been passed by the authority at a meeting of the authority of which notice specifying the consideration of the matter as an item of business has been given to the person in question and to every other member of the authority:

Provided that—

(i) the person in question may within fourteen days of the date on which any such resolution is passed by the authority appeal against the resolution to the sheriff who, after making such inquiry, if any, as is deemed necessary and hearing parties, shall make such order as to the sheriff seems proper; and

(ii) the person in question shall not be entitled to vote and act as a member of the authority pending the determination of the appeal.

(2) Proceedings to have it declared that an office is vacant for the purposes of paragraph (b) of the preceding subsection may be instituted before the sheriff by the local authority or by any four or more local government electors for the area of the authority (including in the case of a county council any burgh within the county) or in the case of a disqualification alleged to exist at the time of nomination or election by any opposing candidate at the election, on the ground in the case of any person acting as a member of the authority of his being disqualified within the meaning of this section for so acting, and on the like ground in the case of any person claiming to be entitled so to act:

Provided that proceedings under this subsection on the ground of a person acting as aforesaid may not be instituted after the alleged disqualification has ceased to exist, but nothing in this subsection shall be deemed to prevent proceedings under this section being dealt with and disposed of although the person has ceased to act as aforesaid.

The procedure in any such proceedings shall, so far as practicable, be that applicable in the case of an election petition under the [53 & 54 Vict. c. 55.] Elections (Scotland) (Corrupt and Illegal Practices) Act, 1890.

(3) Where in any proceedings under subsection (2) of this section it is proved that the person in question has acted as a member of a local authority while disqualified for so acting, the sheriff shall have power—

(a) to make a declaration to that effect and to declare that the office in which the person in question has acted is vacant;

(b) to grant interdict against the person in question so acting;

(c) to order that the person in question shall pay such sum as the sheriff thinks fit not exceeding one hundred pounds, which sum shall be paid to the authority and applied in such manner as the authority may direct.

(4) Where in any such proceedings it is proved that the person in question claims to act as a member of a local authority and is disqualified from so acting, the sheriff shall have power to make a declaration to that effect and to declare that the office in which the person in question claims to be entitled to act is vacant and to grant interdict against the person in question so acting.

(5) For the purposes of this section, the sheriff means the sheriff (other than a sheriff substitute) of the county in which the area of the local authority is situated.

(6) The sheriff shall have the same powers and privileges as a judge on the trial of a parliamentary election petition.

(7) For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority and a disqualification shall be deemed to exist in his case if he is not qualified to be or is disqualified for being a member of the authority.

54 Validity of acts done by unqualified persons.

The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified.