The Local Governance (Scotland) Act 2004 (Severance Payments) Regulations 2006

Persons eligible for severance payment

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3.—(1) For the purposes of section 12(1) of the 2004 Act (severance payments for councillors), a person who has satisfied the conditions specified in paragraphs (3) to (5) before the date of the next ordinary election to be held, but excluding a person as described in any of paragraphs (2) to (4) of Regulation 4, is eligible for a severance payment.

(2) The severance payment is payable by the local authority of which that person is a member immediately prior to the date of the next ordinary election.

(3) The condition in this paragraph is that the person is, immediately prior to the date of the next ordinary election, a member of a local authority.

(4) The condition in this paragraph is that the person is not a candidate to be a councillor at the next ordinary election.

(5) The condition in this paragraph is that the person has submitted a valid application for a severance payment (in accordance with the requirements of Regulation 6), to be received by the local authority on or before the date required by Regulation 6(2) or 6(3) (as the case may be).