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Local Government and Housing Act 1989

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This is the original version (as it was originally enacted).

12Conflict of interest in staff negotiations

(1)It shall be the duty of a local authority to secure that, so far as practicable, the interests of that authority in any negotiations with respect to the terms and conditions on which persons in local authority employment hold office or are employed are never represented, whether directly or indirectly by, or by persons who include—

(a)a person who is both a member of the authority and in such employment; or

(b)a person who is both a member of the authority and an official or employee of a trade union whose members include persons in local authority employment.

(2)In this section—

  • “member”, in relation to a trade union, includes any person who is a member of that union within the meaning of the [1988 c. 19.] Employment Act 1988; and

  • “official” and “trade union” have the same meanings as in the [1974 c. 52.] Trade Union and Labour Relations Act 1974;

and a person shall be treated for the purposes of this section as in local authority employment if he holds any paid office or employment under a local authority or any such paid office or employment under any other person as, by virtue of section 80(1)(a) of the [1972 c. 70.] Local Government Act 1972 or section 31(1)(a) of the [1973 c. 65.] Local Government (Scotland) Act 1973, disqualifies him for membership of any authority.

(3)This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

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