C3C4C5Part V General Provisions as to Members and Proceedings of Local Authorities
Pt. 5 applied (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 20(6)
Pt. V (ss. 79-100) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)
Pt. V (ss. 79-100) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
Qualifications and disqualifications
C6C779 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 if he is a British subject or a citizen of the Republic of Ireland F5or a relevant citizen of the Union and on the relevant day he has attained the age of twenty-one 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.
F62A
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 M1( as amended by Title II of the Treaty on European Union M2), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland.
F73
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C8C980 Disqualifications for election and holding office as member of local authority.
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 if he—
C10C11a
holds any paid office or employment (other than the office of chairman, vice-chairman or deputy chairman) appointments 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 F8. . . joint committee F9or National Park authority on which the authority are represented or by any person holding any such office or employment; or
b
is a person who has been adjudged bankrupt, or made a composition or arrangement with his creditors; or
F10c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
2
Subject to the provisions of section 81 below, a paid officer of 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
C13C14b
a joint board F13, joint 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 local authority.
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.
3
Teachers in a school maintained but not established by a local education authority shall be in the same position as respects disqualification for office as members of the authority as teachers in a school established by the authority.
F154
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5
For the purposes of subsection (1) F16. . . (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the F16. . . 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 F16. . . conviction, F16. . ..
F176
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C1C281 Exceptions to provisions of section 80.
F18C151
Where a person is disqualified under section 80 above by reason of having been adjudged bankrupt, the disqualification shall cease—
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
C152
Where 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.
F13
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F23A
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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, F3. . . 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
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C16C17C18C1982 Validity of acts done by unqualified persons.
F19C201
The acts and proceedings of any person elected to an office under this Act F20or elected or appointed to an office under Part F21. . . IV of the Local Government Act 1985 and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
F222
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.
Pt. 5 applied (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 9(8)