C22C21C1C28C29C31C30C25C33C24C27 Part V General Provisions as to Members and Proceedings of Local Authorities

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 (ss. 79-100) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. 5 (ss. 79-100) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Qualifications and disqualifications

C2C3C26C3479 Qualifications for election and holding office as member of local authority.

1

A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority F35... if he is a F32qualifying Commonwealth citizen or a citizen of the Republic of Ireland F1or F41a relevant citizen of the UnionF41, in the case of a local authority in England, a qualifying EU citizen or an EU citizen with retained rightsF45or, in the case of a local authority in Wales, a qualifying foreign citizen and on the relevant day he has attained the age of F31eighteen years and—

a

on that day he is and thereafter he continues to be a local government elector for the area of the authority; or

b

he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or

c

his principal or only place of work during that twelve months has been in that area; or

d

he has during the whole of those twelve months resided in that area; or

e

in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

2

In this section “relevant day”, in relation to any candidate, means—

a

except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and

b

in the said excepted case, the day of election.

F40F22A

In this section the expression “citizen of the Union” shall be construed in accordance with F48Article 20(1) of the Treaty on the Functioning of the European Union, and “relevant citizen of the Union” means such a citizen who is not a F33qualifying Commonwealth citizen or a citizen of the Republic of Ireland.

F402A

In this section “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).

F33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F342B

For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

a

is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

b

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

2C

But a person is not a qualifying Commonwealth citizen by virtue of subsection (2B)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

F392D

For the purposes of this section, a person is a qualifying foreign citizen if the person—

a

is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and

b

either—

i

is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

ii

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

2E

But a person is not a qualifying foreign citizen by virtue of subsection (2D)(b)(i) if the person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

C5C6C4C26C23C3480 Disqualifications for election and holding office as member of F47a local authority in England.

1

Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority F50in EnglandF36... if he—

C7C8a

holds any paid office or employment (other than the office of chairman, vice-chairman F38, deputy chairman, presiding member or deputy presiding memberF38F4or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive) appointments F5or elections to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a F6... joint committee F7or National Park authority on which the authority are represented or by any person holding any such office or employment; or

F28b

is the subject of a bankruptcy restrictions order F43or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986;

F8c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C9d

has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

F9e

is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee F10under F11the Audit Commission Act 1998, and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992.F46; or

f

is incapable of being elected to or holding—

i

the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

ii

the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence);

2

Subject to the provisions of section 81 below, a paid officer of a local authority F49in England who is employed under the direction of—

a

a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

C10C11b

a joint board F12, joint authority F37economic prosperity board, combined authority,F51, combined county authorityF54... or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

F132AA

A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—

a

one or more persons appointed on the nomination of the Authority acting by the Mayor, and

b

one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,

shall be disqualified for being elected or being a member of any of those London borough councils.

F532AB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142A

Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

2B

For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.

F153

Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.

F164

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C95

For the purposes of subsection (1) F17... (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the F17... conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the F17... conviction, F17....

F445A

See also section 81A (disqualification relating to sexual offences etc (England)).

F186

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80AF52Disqualification for election or being a member of a local authority in Wales

1

A person is disqualified for being elected or being a member of a local authority in Wales if—

a

the person is the subject of—

i

a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016;

ii

a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989;

b

the person is disqualified for being elected or for being a member of the authority under Part 3 of the Representation of the People Act 1983 (corrupt or illegal practices);

c

the person is subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003;

d

the person has a relevant criminal conviction.

2

A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person's election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine.

3

A person is not disqualified under subsection (1)(c) at any time before the end of the ordinary period allowed for making—

a

an appeal or application in respect of the conviction or finding to which the notification requirements relate;

b

an appeal in respect of the order.

4

A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction.

5

A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution.

6

A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales.

80BDisqualification for being a member of a local authority in Wales and holding local office or employment

1

A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member).

2

A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83.

3

Subsections (4), (5) and (6) apply where a person is elected as a member of a local authority in Wales and resigns from the relevant paid office or employment for the purpose of taking office as a member.

4

The resignation terminates the holding of the paid office or employment with immediate effect.

5

Any notice requirement in the terms and conditions under which the paid office or employment is held has no effect.

6

Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week's notice) does not apply.

7

This section does not apply to a person who is disqualified for being elected or being a member of a local authority under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).

80CPaid office or employment to which disqualification applies

1

For the purposes of section 80B “a relevant paid office or employment” is a paid office or employment appointment or election to which is or may be made or confirmed by—

a

the local authority to which the person was elected a member;

b

a committee or sub-committee of the local authority;

c

a joint committee or National Park authority on which the local authority is represented; F56...

F57ca

a corporate joint committee established in relation to the area of the local authority; or

d

a holder of a paid office or employment of the kind described in paragraphs (a), (b) F55,(c) or (ca).

2

But a relevant paid office or employment in subsection (1) does not include the office of—

a

chairman, vice-chairman, presiding member or deputy presiding member, or

b

in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.

3

Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection.

4

Where the holder of a relevant paid office in a local authority in Wales (“local authority A”) is employed under the direction of—

a

a committee or sub-committee of local authority A any member of which is appointed on the nomination of another local authority in Wales (“local authority B”), or

b

a joint board, a National Park authority, or joint committee on which local authority A is represented and any member of which is appointed on the nomination of local authority B,

section 80B applies in respect of the person's membership of local authority B.

5

For the purposes of this section, a local authority is represented on a National Park authority if it is entitled to appoint a member of the local authority as a member of the National Park authority.

C12C13C26C3481 Exceptions to provisions of section 80.

C141

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C142

F30Where a person is disqualified under section 80 above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

F193

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Section 80(2) and (3) above shall not operate so as to disqualify—

a

any person by reason of his being a teacher, or otherwise employed, in a school, F21. . . or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council; or

F22b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C3281AF42Disqualification relating to sexual offences etc (England)

1

A person is disqualified for being elected or being a member of a local authority in England if the person is subject to—

a

any relevant notification requirements, or

b

a relevant order.

2

In this section “relevant notification requirements” means—

a

the notification requirements of Part 2 of the Sexual Offences Act 2003;

b

the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;

c

the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;

d

the notification requirements of Schedule 1 to the Criminal Justice Act 2001 (an Act of Tynwald: c. 4).

3

In this section “relevant order” means—

a

a sexual harm prevention order under section 345 of the Sentencing Code;

b

a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;

c

a sexual offences prevention order under section 104 of that Act;

d

a sexual risk order under section 122A of that Act;

e

a risk of sexual harm order under section 123 of that Act;

f

a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;

g

a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;

h

a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;

i

a child protection order under Article 11 of that Law;

j

a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;

k

a risk of sexual harm order under section 22 of that Law;

l

a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of Tynwald: c. 20);

m

a risk of sexual harm order under section 5 of that Act.

4

For the purposes of subsection (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—

a

the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or

b

if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

5

For the purposes of subsection (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—

a

the expiry of the ordinary period allowed for making an appeal against the relevant order, or

b

if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

C15C16C17C18C26C3482 Validity of acts done by unqualified persons.

C19C20F231

The acts and proceedings of any person elected to an office under this Act F24or elected or appointed to an office under Part F25. . . IV of the Local Government Act 1985F26or elected as elected mayor or executive leader and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

F272

Subsection (1) above shall have effect, in relation to the Broads Authority, as if the reference to this Act included a reference to the Norfolk and Suffolk Broads Act 1988.