86 Declaration by local authority of vacancy in office in certain cases.E+W
[F1(1)]Where a member of a local authority—
(a)ceases to be qualified to be a member of the authority; or
(b)becomes disqualified for being a member of the authority otherwise than [F2under [F3section 80A(1)(c) of this Act,] section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of], a conviction or a breach of any provision of Part II of the M1[F4Representation of thePeople Act 1983]; or
(c)ceases to be a member of the authority by reason of failure to attend meetings of the authority;
the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.
[F5(2)In this section “local authority” includes a joint authority [F6, an economic prosperity board] [F7and a combined authority] F8 . . .]
Textual Amendments
F1The provisions of s. 86 become s. 86(1) by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 8
F2Words in s. 86(1)(b) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 5; S.I. 2015/841, art. 3(x)
F3Words in s. 86(1)(b) inserted (17.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 2 para. 1(4); S.I. 2021/1249, art. 2(b) (with art. 4)
F4Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 12
F5S. 86(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 8
F6Words in s. 86(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 14; S.I. 2009/3318, art. 2(c)
F7Words in s. 86(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(d); S.I. 2015/994, art. 6(g)
F8Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
Modifications etc. (not altering text)
C1Pt. 5 applied (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 15(1)
C2Pt. 5 applied (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 17(1)
C3S. 86: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
C4S. 86 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), arts. 1(2), 11
C5S. 86 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 42
C6S. 86(1)(b) amended by: Local Government (Interim Provisions) Act 1984 (c. 53, SIF 81:1), s. 10(2); Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 92(7); and Education Reform Act 1988 (c. 40, SIF 41:1), ss. 191(5), 231(7), 235(6)
C7S. 86(2) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(d)
C8S. 86(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(d)
Marginal Citations