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Elections and Elected Bodies (Wales) Act 2024

Changes over time for: Section 65

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Prospective

65Political restriction of officers and staffE+W
This section has no associated Explanatory Notes

(1)The Local Government and Housing Act 1989 (c. 42) is amended as follows.

(2)In section 1 (disqualification and political restriction of certain officers and staff)—

(a)in subsection (1A)—

(i)after “member of any local authority in Wales” insert “(including an elected mayor)”;

(ii)in paragraph (b), after “under a” insert “community council or”;

(b)in subsection (1B), after “any corporate joint committee” insert “, community council”;

(c)after subsection (1B) insert—

“(1C)A person shall be disqualified from becoming or remaining a member of a community council if that person holds a politically restricted post under any community council, corporate joint committee or local authority in Great Britain.”;

(d)after subsection (12) insert—

“(13)Subsections (5) and (6) of this section apply to a community council as they apply to a local authority in Wales.”.

(3)In section 2 (politically restricted posts)—

(a)after subsection (1B) insert—

“(1C)For the purposes of this Part the following persons are to be regarded as holding politically restricted posts under a community council—

(a)a paid officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, for the administration of the financial affairs of the community council;

(b)a person holding a paid post that is for the time being specified by the community council in the list maintained in accordance with subsection (2) and any directions under section 3.”;

(b)after subsection (10C) insert—

“(10D)This section, other than subsection (1), applies in relation to a community council as it applies in relation to a local authority in Wales.

(10E)In the application of subsection (4) to a community council, the reference to the coming into force of this section has effect as if it were a reference to 6 May 2027.”.

(4)In section 3(9) (grant and supervision of exemptions from political restriction), after “corporate joint committee” insert “and a community council”.

(5)In section 10(2) (limit on paid leave for local authority duties), in the definition of “local authority”, after “corporate joint committee” insert “and a community council”.

(6)In section 12(2) (conflict of interest in staff negotiations), in the definition of “local authority”, after “corporate joint committee” insert “and a community council”.

Commencement Information

I1S. 65 in force at 6.5.2027, see s. 72(3)

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