Local Government (Disqualification) Act 2022

3 The Mayor of London and London Assembly members E+W

(1) In the Greater London Authority Act 1999, after section 21 insert—

“21A Disqualification relating to sexual offences etc

(1) A person is disqualified from being elected or being the Mayor or an Assembly member if the person is subject to—

(a) any relevant notification requirements, or

(b) a relevant order.

(2) In this section “relevant notification requirements” means—

(a) the notification requirements of Part 2 of the Sexual Offences Act 2003;

(b) the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;

(c) the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;

(d) the notification requirements of Schedule 1 to the Criminal Justice Act 2001 (an Act of Tynwald: c. 4).

(3) In this section “relevant order” means—

(a) a sexual harm prevention order under section 345 of the Sentencing Code;

(b) a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;

(c) a sexual offences prevention order under section 104 of that Act;

(d) a sexual risk order under section 122A of that Act;

(e) a risk of sexual harm order under section 123 of that Act;

(f) a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;

(g) a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;

(h) a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;

(i) a child protection order under Article 11 of that Law;

(j) a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;

(k) a risk of sexual harm order under section 22 of that Law;

(l) a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of Tynwald: c. 20);

(m) a risk of sexual harm order under section 5 of that Act.

(4) For the purposes of subsection (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—

(a) the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or

(b) if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

(5) For the purposes of subsection (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—

(a) the expiry of the ordinary period allowed for making an appeal against the relevant order, or

(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

(6) This section applies in relation to being returned as a London member under section 11 otherwise than at an election as it applies in relation to being elected.”

(2) In the Greater London Authority Elections Rules 2007 (S.I. 2007/3541)—

(a) in paragraph 7(2)(b)(i) of Schedule 1 (the Constituency Member Election Rules), after “21” insert “or 21A”;

(b) in paragraph 9(2)(c)(i) of Schedule 2 (the London Member Election Rules), after “21” insert “or 21A”;

(c) in paragraph 8(2)(b)(i) of Schedule 3 (the Mayoral Election Rules), after “21” insert “or 21A”;

(d) in paragraph 7(2)(b)(i) of Schedule 5 (the Constituency Members Election Rules for elections combined with a relevant election or referendum), after “21” insert “or 21A”;

(e) in paragraph 9(2)(c)(i) of Schedule 6 (the London Member Election Rules for elections combined with a relevant election or referendum), after “21” insert “or 21A”;

(f) in paragraph 8(2)(b)(i) of Schedule 7 (the Mayoral Election Rules for elections combined with a relevant election or referendum), after “21” insert “or 21A”.

Commencement Information

I1 S. 3 in force at 28.6.2022, see s. 6(2)