Part VE+W General Provisions as to Members and Proceedings of Local Authorities

Modifications etc. (not altering text)

C3Pt. 5 (ss. 79-100) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. 5 (ss. 79-100) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Acceptance, resignation and vacation of office, and casual vacanciesE+W

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 the People Act 1983] [F5, or by virtue of an order under section 30 of the Elections Act 2022]; 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.

[F6(2)In this section “local authority” includes a joint authority [F7, an economic prosperity board] [F8, a combined authority and a combined county authority] F9 ... ]

Textual Amendments

F5Words in s. 86(1)(b) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 2(3); S.I. 2023/1145, reg. 3(k)

F8Words in s. 86(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 27 (with s. 247)

Modifications etc. (not altering text)

C12S. 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

C15S. 86 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 40

Marginal Citations