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Local Government Act 1985
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35 Disqualification.E+W
(1)A person shall be disqualified for being appointed or being a member of a joint authority if he holds any paid office or employment (other than the office of chairman or vice-chairman [F1or, 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 [F2or elections] to which are or may be made or confirmed by the authority or any committee or sub-committee of the authority or by a joint committee on which the authority is represented or by any person holding any such office or employment [F3or by an elected mayor] .
(2)A paid officer of a joint authority who is employed under the direction of—
(a)a committee or sub-committee of the joint authority any member of which is appointed on the nomination of another joint authority or of a local authority; or
(b)a joint committee on which the joint authority is represented and any member of which is so appointed,
shall be disqualified for being appointed or being a member of that other joint authority or for being elected or being a member of the local authority, as the case may be.
(3)A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the M1Transport Act 1962) of, the Passenger Transport Executive for an area which is or was coterminous with the area of a metropolitan county shall be disqualified for being appointed or being a member of [F4the Integrated Transport Authority] for that county.
[F5(4)In this section, “elected mayor”, “executive”, “executive arrangements”, [F6and executive leader] have the same meaning as in Part II of the Local Government Act 2000.]
[F7(5)In this section “leader and cabinet executive” means—
(a)in relation to England: a leader and cabinet executive (England);
(b)in relation to Wales: a leader and cabinet executive (Wales);
and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.]
Textual Amendments
F1Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(a)
F2Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(b)
F3Words in s. 35(1) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(a)
F4Words in s. 35(3) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 53(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F5s. 35(4) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(b)
F6Words in s. 35(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 19(2)
F7S. 35(5) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 19(3)
Modifications etc. (not altering text)
C1S. 35 excluded (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 47(7)
C3S. 35 excluded (W.) (1.4.2002) by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 41(7)
C4S. 35(1)(2) amended by S.I. 1985/1884, art. 4(1)(d)
C5S. 35(1)(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(e)
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