Local Government Act 1985

35 Disqualification. E+W

(1) A person shall be disqualified for being appointed or being a member of a joint authority if he holds any paid office or employment (other than the office of chairman or vice-chairman [F1 or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]) appointments [F2 or elections] to which are or may be made or confirmed by the authority or any committee or sub-committee of the authority or by a joint committee on which the authority is represented or by any person holding any such office or employment [F3 or by an elected mayor] .

(2) A paid officer of a joint authority who is employed under the direction of—

(a) a committee or sub-committee of the joint authority any member of which is appointed on the nomination of another joint authority or of a local authority; or

(b) a joint committee on which the joint authority is represented and any member of which is so appointed,

shall be disqualified for being appointed or being a member of that other joint authority or for being elected or being a member of the local authority, as the case may be.

(3) A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the M1 Transport Act 1962) of, the Passenger Transport Executive for an area which is or was coterminous with the area of a metropolitan county shall be disqualified for being appointed or being a member of [F4 the Integrated Transport Authority] for that county.

[F5 (4) In this section, “elected mayor”, “executive”, “executive arrangements”, [F6 and executive leader] have the same meaning as in Part II of the Local Government Act 2000.]

[F7 (5) In this section “leader and cabinet executive” means—

(a) in relation to England: a leader and cabinet executive (England);

(b) in relation to Wales: a leader and cabinet executive (Wales);

and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.]

Textual Amendments

F1 Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(a)

F2 Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(b)

F3 Words in s. 35(1) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(a)

F4 Words in s. 35(3) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 53(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F5 s. 35(4) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(b)

F6 Words in s. 35(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 19(2)

F7 S. 35(5) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 19(3)

Modifications etc. (not altering text)

C1 S. 35 excluded (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 47(7)

C2 S. 35 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch.

C3 S. 35 excluded (W.) (1.4.2002) by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 41(7)

C4 S. 35(1)(2) amended by S.I. 1985/1884, art. 4(1)(d)

C5 S. 35(1)(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(e)

Marginal Citations

M1 1962 c. 46.