Part III General Provisions as to Members of Local Authorities and Proceedings
Qualifications and disqualifications
31 Disqualifications for nomination, election and holding office as member of local authority.
(1)
Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—
(a)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; F2...
F3(ba)
he is subject to a bankruptcy restrictions order;
(c)
he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic 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; F4...
(d)
he is disqualified for being elected or for being a member of that authority under Part III of the M1F5Representation of the People Act 1983.
F6(e)
the person is subject to—
(i)
any relevant notification requirements, or
(ii)
a relevant sexual harm or risk order,
F7(f)
the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,F8or
(g)
the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).
F9(1ZA)
A person who is subject to—
(a)
any relevant notification requirements,
(b)
a relevant sexual harm or risk order, or
(c)
a relevant disqualification order,
is not disqualified merely because of subsection (1)(e), (f) or, as the case may be, (g) until the appropriate time.
(1ZB)
The appropriate time is—
(a)
the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or
(b)
if earlier, the expiry of the ordinary period allowed for making—
(i)
an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate,
(ii)
an appeal against the relevant sexual harm or risk order, or
(iii)
an appeal against the conviction or the making of the disqualification order.
(1ZC)
But if, before the appropriate time mentioned in subsection (1ZB), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless—
(a)
the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or
(b)
at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified).
(1ZD)
A person who is subject to any relevant notification requirements, a relevant sexual harm or risk order or a relevant disqualification order is suspended from performing any of the functions of a member of a local authority during the period beginning with the date of the imposition of the requirements or of the order date and ending with the date on which—
(a)
the office is vacated in accordance with subsection (1ZB) or (1ZC), or
(b)
an appeal mentioned in subsection (1ZB) is upheld.
F10(1A)
A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of F11convener or depute convener of the board) or other place of profit in the gift or disposal of the board.
(2)
Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—
(a)
the sequestration of his estate is recalled or reduced; or
(3)
Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—
(a)
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
(b)
if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and
(c)
if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.
F14(3A)
A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.
F15(3B)
In subsection (1)(ba) above, “bankruptcy restrictions order” means—
(a)
a bankruptcy restrictions order made under section F16155 of the Bankruptcy (Scotland) Act 2016 ;
F17(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or
(d)
a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.
F18(4)
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 of the Criminal Justice Act 2001 (an Act of the Tynwald of the Isle of Man).
(5)
In this section, “relevant sexual harm or risk order” means—
(a)
a sexual harm prevention order under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
(b)
a sexual harm prevention order under section 103A of the Sexual Offences Act 2003,
(c)
sexual offences prevention order under section 104 of that Act,
(d)
a sexual harm prevention order under section 345 of the Sentencing Act 2020,
(e)
a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010,
(f)
a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,
(g)
a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man),
(h)
a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
(i)
risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005,
(j)
a sexual risk order under section 122A of the Sexual Offences Act 2003,
(k)
a risk of sexual harm order under section 123 of that Act,
(l)
a child protection order under Article 11 of the Sex Offenders (Jersey) Law 2010,
(m)
a risk of sexual harm order under section 22 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,
(n)
a risk of sexual harm order under section 5 the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man).
(6)
The Scottish Ministers may by regulations make such amendments to subsection (4) and (5) as they consider appropriate in consequence of the amendment, repeal or re-enactment of any legislation of any of the Channel Islands or the Isle of Man which is for the time being specified in those provisions.
(7)
Regulations under subsection (6) are subject to the affirmative procedure.
F19(8)
In this section—
“order date” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court,
“relevant disqualification order” means—
(a)
a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders),
(b)
a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).
F20(4)
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