(1)A person is disqualified from being elected or being the Mayor or an Assembly member if—
(a)he is a member of staff of the Authority;
(b)he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member;
(c)he has been adjudged bankrupt, or made a composition or arrangement with his creditors;
(d)he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
(e)he is disqualified under—
(i)section 85A or Part III of the Representation of the M1People Act 1983, or
(ii)section 17 or 18 of the M2Audit Commission Act 1998,
from being elected or being the Mayor or an Assembly member.
(2)A paid officer of a London borough council who is employed under the direction of—
(a)any of that council’s committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or
(b)a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor,
[F1(c)the executive or any committee of the executive of that council, where that council are operating executive arrangements and the membership of that executive includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or
(d)a member of the executive of that council, where that council are operating executive arrangements and that member is also the Mayor or a person appointed on the nomination of the Authority acting by the Mayor,]
shall be disqualified from being elected or being the Mayor or an Assembly member.
[F2(2A)In this section executive and executive arrangements have the same meaning as in Part II of the Local Government Act 2000.]
(3)Where a person is disqualified under subsection (1)(c) above by reason of having been adjudged bankrupt, the disqualification shall cease—
(a)unless the bankruptcy order made against the person is previously annulled, on his discharge from bankruptcy; and
(b)if the bankruptcy order is so annulled, on the date of the annulment.
(4)Where a person is disqualified under subsection (1)(c) above by reason of having made a composition or arrangement with his creditors, the disqualification shall cease—
(a)if he pays his debts in full, on the date on which the payment is completed; and
(b)in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
(5)For the purposes of subsection (1)(d) above—
(a)the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or
(b)if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution,
shall be deemed to be the date of the conviction.
(6)This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
(7)References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
Textual Amendments
F1S. 21(2)(c)(d) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(a)
F2S. 21(2A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 35(b)
Commencement Information
I1S. 21 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act comes into force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 21 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
Marginal Citations