C5C4C2C3C1 Part 5Work
Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5
Chapter 1Employment, etc.
Local authority members
58Official business of members
1
A local authority must not discriminate against a member of the authority in relation to the member's carrying out of official business—
a
in the way the authority affords the member access, or by not affording the member access, to opportunities for training or for receiving any other facility;
b
by subjecting the member to any other detriment.
2
A local authority must not, in relation to a member's carrying out of official business, harass the member.
3
A local authority must not victimise a member of the authority in relation to the member's carrying out of official business—
a
in the way the authority affords the member access, or by not affording the member access, to opportunities for training or for receiving any other facility;
b
by subjecting the member to any other detriment.
4
A member of a local authority is not subjected to a detriment for the purposes of subsection (1)(b) or (3)(b) only because the member is—
a
not appointed or elected to an office of the authority,
b
not appointed or elected to, or to an office of, a committee or sub-committee of the authority, or
c
not appointed or nominated in exercise of an appointment power of the authority.
5
In subsection (4)(c), an appointment power of a local authority is a power of the authority, or of a group of bodies including the authority, to make—
a
appointments to a body;
b
nominations for appointment to a body.
6
A duty to make reasonable adjustments applies to a local authority.
59Interpretation
1
This section applies for the purposes of section 58.
2
“Local authority” means—
a
a county council in England;
b
a district council in England;
c
the Greater London Authority;
d
a London borough council;
e
the Common Council of the City of London;
f
the Council of the Isles of Scilly;
g
a parish council in England;
h
a county council in Wales;
i
a community council in Wales;
j
a county borough council in Wales;
F1ja
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;
k
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
l
a community council in Scotland.
3
A Minister of the Crown may by order amend subsection (2) so as to add, vary or omit a reference to a body which exercises functions that have been conferred on a local authority within paragraph (a) to (l).
4
A reference to the carrying-out of official business by a person who is a member of a local authority is a reference to the doing of anything by the person—
a
as a member of the authority,
b
as a member of a body to which the person is appointed by, or appointed following nomination by, the authority or a group of bodies including the authority, or
c
as a member of any other public body.
5
“Member”, in relation to the Greater London Authority, means—
a
the Mayor of London;
b
a member of the London Assembly.
Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))