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Local Government Act 1972

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104 Disqualification for membership of committees and joint committees.E+W

(1)Subject to subsection (2) below, a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee (including a sub-committee) of the authority and another local authority, whether the committee or joint committee are appointed under this Part of this Act or under any other enactment.

(2)A person shall not by reason of his being a teacher in, or being otherwise employed in, any school, F1. . . or other educational institution maintained or assisted by a [F2local authority] be disqualified for being a member of any committee of any local authority—

(a)appointed wholly or partly for the purpose of discharging [F3any education functions as defined in section 579(1) of the Education Act 1996]; or

(b)appointed for purposes connected with the execution of the M1Public Libraries and Museums Act 1964;

or for being a representative of a local authority on a joint committee of the authority and another authority which has been appointed or established for any such purpose.

(3)Section 92 above shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee of a local authority or a joint committee of two or more local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

(4)In the application of this section to the Common Council for the reference to Part V of this Act there shall be substituted a reference to the enactments for the time being in force relating to disqualification for membership of the Common Council.

[F4(5)In the application of this section to the London Fire and Emergency Planning Authority, the reference to a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be treated as if it included a reference to a person who is disqualified under section 21 of the Greater London Authority Act 1999 from being elected or being the Mayor of London or a member of the London Assembly.]

Textual Amendments

F4S. 104(5) inserted (3.7.2000) by 1999 c. 29, s. 332(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(e)

Modifications etc. (not altering text)

C4S. 104 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

C5S. 104 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C6Ss. 101-106 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

Marginal Citations

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