Search Legislation

Local Government (Scotland) Act 1973

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Local Government (Scotland) Act 1973, Section 29 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

29 Qualifications for nomination, election and holding office as member of local authority.S

(1)A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of [F118] years, is a [F2qualifying Commonwealth citizen] or a citizen of the Irish Republic [F3or a [F4qualifying foreign national]] [F5or a schedule 6A national] and not subject to any legal incapacity and—

(a)is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or

(b)has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or

(c)his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or

(d)has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.

F6(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In subsection (1) above,

  • F7...

  • owner” includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners.

[F8(3)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 Kingdom, 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.

(4)But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(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).]

[F9(5)For the purposes of this section, a “qualifying foreign national” means a person of any nationality who—

(a)is not a Commonwealth citizen or a citizen of the Republic of Ireland [F10or a schedule 6A national], and

(b)meets one of the conditions mentioned in subsection (6).

(6)The conditions are that the person—

(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or

(b)is such a person but for the time being—

(i)has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act, or

(ii)has pre-settled status.

(7)For the purposes of subsection (6)(b)(ii), a person has pre-settled status if the person has limited leave to remain in the United Kingdom granted by virtue of residence scheme immigration rules (within the meaning of section 17(1) of the European Union (Withdrawal Agreement) Act 2020).]

[F11(8)For the purposes of this section, a “schedule 6A national” means a person who—

(a)is a national of a country for the time being listed in schedule 6A, and

(b)either—

(i)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(ii)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.]

Textual Amendments

F1Word in s. 29(1) substituted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 8, 17(2); S.S.I. 2004/558, art. 2

F2Words in s. 29(1) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i)

F3Words in s. 29(1) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(2)

F8S. 29(3)(4) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(4); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i)

Modifications etc. (not altering text)

C1S. 29 modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 3 (with s. 7(2)); S.I. 1994/2850, art. 2, Sch. 2

S. 29 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources