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Elections

Qualification and disqualification for office

Local Government Act 1972

Sections 79, 80, 81, 85

Qualifications for election and holding office as member of local authority

Section 79 - (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, or be qualified to be elected and to be an elected mayor, if he is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland [or a relevant citizen of the Union] and on the relevant day he has attained the age of eighteen 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 4.8 kilometres 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.

(2A)In this section the expression “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a qualiifying Commonwealth citizen or a citizen of the Republic of Ireland.

(2B) 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 Kingdon, 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 subesction (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).

Disqualification for election and holding office as a member of local authority

Section 80 - (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, and be disqualified for being elected or being an elected mayor, if he –

(a)holds any paid office or employment (other than the office chairman, vice-chairman or deputy chairman or, in the case or 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 or 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 joint committee on which the authority are represented or by any person holding such office or employment; or

(aa) holds any employment in a company which, in accordance with Part V of the Local Government and Housing Act 1989 other than section 73, is under the control of the local authority; or

(b)is the subject of a bankruptcy restrictions order or interim order;

(c)repealed

(d)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

(e)is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1983.

(2)Subject to the provisions of section 81 below, a paid officer or a local authority 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

(b) a joint board, joint authority, joint waste authority 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 authority.

(2AA) 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.

(2A) 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 purpose 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.

(3)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 employment.

(4) Repealed.

(5)For the purposes of subsection 1(d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the 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 conviction.

(6) Repealed.

Exceptions to provisions of section 80.

Section 81

(1 - 3) Repealed.

(4)Section 80(2) and (3) above shall not operate so as to disqualify any person by reason of his being a teacher, or otherwise employed, in a school, 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.

Vacation of office by failure to attend meetings

85.– (1) Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

(2)Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, or who were appointed to advise the authority on any matter relating to the discharge of their functions, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

(2A)Subject to subsections (2B) and (3), if a member of a local authority which are operating executive arrangements, who is also a member of the executive of that local authority, fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the executive, he shall, unless the failure was due to some reason approved by the local authority before the expiry of that period, cease to be a member of the local authority.

(2B)For the purposes of this section –

(a)the discharge by a member, acting alone, of any function which is the responsibility of the executive; and

(b)in respect of a mayor and cabinet executive or leader and cabinet executive, attendance as a member at a meeting of a committee of the executive;shall be deemed to be attendance at a meeting of the executive.

(3)A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him from relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority or of a failure to attend meetings of the executive if the failure is due to that employment.

(3A)Any period during which a member of a local authority is suspended or partially suspended under section 66, 66A, 73, 78, 78A  or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) or (2A) above (and, accordingly, a period during which a member fails to attend meetings of the authority or, as the case may be, meetings of the executive that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).

(4)In this section “local authority” includes a joint authority and a joint waste authority.

Local Government and Housing Act 1989

Disqualification and political restriction of certain officers and staff

1 – (1) A person shall be disqualified from becoming (whether by election or otherwise) or remaining a member of a local authority if he holds a politically restricted post under that local authority or any other local authority in Great Britain.

Note:

For more detailed information concerning politically restricted posts see Sections 2, 4, 5 and 9 of this Act.

 

In this section…