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Localism Act 2011

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This is the original version (as it was originally enacted).

34Offences

This section has no associated Explanatory Notes

(1)A person commits an offence if, without reasonable excuse, the person—

(a)fails to comply with an obligation imposed on the person by section 30(1) or 31(2), (3) or (7),

(b)participates in any discussion or vote in contravention of section 31(4), or

(c)takes any steps in contravention of section 31(8).

(2)A person commits an offence if under section 30(1) or 31(2), (3) or (7) the person provides information that is false or misleading and the person—

(a)knows that the information is false or misleading, or

(b)is reckless as to whether the information is true and not misleading.

(3)A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)A court dealing with a person for an offence under this section may (in addition to any other power exercisable in the person’s case) by order disqualify the person, for a period not exceeding five years, for being or becoming (by election or otherwise) a member or co-opted member of the relevant authority in question or any other relevant authority.

(5)A prosecution for an offence under this section is not to be instituted except by or on behalf of the Director of Public Prosecutions.

(6)Proceedings for an offence under this section may be brought within a period of 12 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.

(7)But no such proceedings may be brought more than three years—

(a)after the commission of the offence, or

(b)in the case of a continuous contravention, after the last date on which the offence was committed.

(8)A certificate signed by the prosecutor and stating the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact; and a certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

(9)The Local Government Act 1972 is amended as follows.

(10)In section 86(1)(b) (authority to declare vacancy where member becomes disqualified otherwise than in certain cases) after “2000” insert “or section 34 of the Localism Act 2011”.

(11)In section 87(1)(ee) (date of casual vacancies)—

(a)after “2000” insert “or section 34 of the Localism Act 2011 or”, and

(b)after “decision” insert “or order”.

(12)The Greater London Authority Act 1999 is amended as follows.

(13)In each of sections 7(b) and 14(b) (Authority to declare vacancy where Assembly member or Mayor becomes disqualified otherwise than in certain cases) after sub-paragraph (i) insert—

(ia)under section 34 of the Localism Act 2011,.

(14)In section 9(1)(f) (date of casual vacancies)—

(a)before “or by virtue of” insert “or section 34 of the Localism Act 2011”, and

(b)after “that Act” insert “of 1998 or that section”.

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