Section 19 - Qualification for election and holding office as a member of a local authority in Wales
133.Section 79 of the 1972 Act sets out the criteria that qualifies a person to be elected and to be a member of a local authority in Wales (i.e. in relation to Wales, a county council, county borough council or community council).
134.Section 19 of the Act amends section 79 of the 1972 Act to change this criteria to enable a “qualifying foreign citizen” to qualify to be elected and to be a member of a local authority in Wales (subject to the remaining criteria in section 79 being satisfied).
135.Section 19 of the Act inserts a definition of a “qualifying foreign citizen” into section 79 of the 1972 Act for this purpose.
136.In effect, this extends the qualification to any resident foreign citizen in Wales who requires leave under the Immigration Act 1971 to enter or remain in the UK and who has, or is treated as having, indefinite leave to remain in the UK.
137.A person is not a qualifying foreign citizen if the person does not require leave only as a result of section 8 of the Immigration Act 1971.
138.Section 8 of the Immigration Act 1971 provides that certain categories of persons, including those specified in an order made under that section, seamen, aircrews or persons in the diplomatic service do not require leave to enter and remain in the United Kingdom.
139.The definition of “qualifying foreign citizen” in section 79 differs from the definition in section 203(1) of the 1983 Act (the definition that applies in relation to the enfranchisement of foreign citizens) in two material respects:
firstly, under section 79 if a person is required to have leave to enter or remain in the UK under the Immigration Act 1971 that leave must be indefinite; and
secondly there is no equivalent provision to subsection (2E) of section 79 (exception for persons with leave only by virtue of section 8 of the Immigration Act 1971) in section 203(1) of the 1983 Act.
