Local Government and Public Involvement in Health Act 2007

179 Disqualifications

(1) Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) is amended as follows.

(2) In paragraph 1(1) (disqualification for being Local Commissioner)—

(a) in paragraph (a), for “any of the authorities mentioned in section 25(1) of this Act” substitute “any authority to which Part 3 of this Act applies”;

(b) in paragraph (b), omit “or is a member (by co-option) of a committee of any of those authorities”.

(3) In paragraph 1(2) (restriction on Local Commissioners conducting cases), for the words from “has been a member of that authority” to the end substitute “—

(a) has been a member of that authority,

(b) has taken action on behalf of that authority in the exercise of any of their functions, or

(c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.”

(4) For paragraph 2 (disqualification of Local Commissioners for appointment to paid office by authority) substitute—

“2A A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—

(a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—

(i) matters relating to the authority, or

(ii) matters of a description which may include matters relating to the authority, and

(b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).”