Local Government Act 1985

35 Disqualification. E+W

(1) A person shall be disqualified for being appointed or being a member of a joint authority if he holds any paid office or employment (other than the office of chairman or vice-chairman [F1 or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]) appointments [F2 or elections] to which are or may be made or confirmed by the authority or any committee or sub-committee of the authority or by a joint committee on which the authority is represented or by any person holding any such office or employment [F3 or by an elected mayor]F3 .

(2) A paid officer of a joint authority who is employed under the direction of—

(a) a committee or sub-committee of the joint authority any member of which is appointed on the nomination of another joint authority or of a local authority; or

(b) a joint committee on which the joint authority is represented and any member of which is so appointed,

shall be disqualified for being appointed or being a member of that other joint authority or for being elected or being a member of the local authority, as the case may be.

(3) A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the M1 Transport Act 1962) of, the Passenger Transport Executive for an area which is or was coterminous with the area of a metropolitan county shall be disqualified for being appointed or being a member of the metropolitan county passenger transport authority for that county.

[F4 (4) In this section, “elected mayor”, “executive”, “executive arrangements”, “executive leader” and “leader and cabinet executive” have the same meaning as in Part II of the Local Government Act 2000.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(a)

F2 Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(b)

F3 Words in s. 35(1) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(a)

F4 s. 35(4) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(b)

Modifications etc. (not altering text)

C1 S. 35 excluded (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 47(7)

C2 S. 35 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch.

C3 S. 35 excluded (W.) (1.4.2002) by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 41(7)

C4 S. 35(1)(2) amended by S.I. 1985/1884, art. 4(1)(d)

C5 S. 35(1)(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(e)

Marginal Citations

M1 1962 c. 46.