The Local Government Officers (Political Restrictions) Regulations 1990

Citation and commencement E+W+S

1.  These Regulations may be cited as the Local Government Officers (Political Restrictions) Regulations 1990 and shall come into force on 1st May 1990.

Commencement Information

I1 Reg. 1 in force at 1.5.1990, see reg. 1

Interpretation E+W+S

2.  In these Regulations—

“the Act” means the Local Government and Housing Act 1989;

[F1 “Deputy Mayor for Fire” means a person appointed under section 67(1)(b) of the Greater London Authority Act 1999 as the Deputy Mayor for Fire, or appointed under that section and designated as the Deputy Mayor for Fire;]

[F2 “Deputy Mayor for Policing and Crime” means a person appointed under section 19(1) of the Police Reform and Social Responsibility Act 2011;]

[F3 “local authority” includes a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;]

references to the appointee are references to a person holding such a post as is mentioned in regulation 3(1) and references to the holding of an appointment shall be construed accordingly;

references to a political party do not include references to an organisation whose objects relate solely to matters arising in, or connected with, a state which is not [F4 the United Kingdom]; and

references to speaking to the public include references to the giving of an interview which, to the knowledge of the person giving it, is likely to result in the publication of statements made, or opinions expressed, during the course of the interview.

Textual Amendments

F1 Words in reg. 2 inserted (E.) (22.3.2018) by The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018 (S.I. 2018/269), reg. 1(3), Sch. para. 3(2)

F2 Words in reg. 2 inserted (E.) (6.8.2012) by The Local Government Officers (Political Restrictions) (Amendment) (England) Regulations 2012 (S.I. 2012/1772), regs. 1(1), 2(2)

F3 Words in reg. 2 inserted (W.) (2.10.2023) by The Local Government Officers (Political Restrictions) (Amendment) (Wales) Regulations 2023 (S.I. 2023/944), regs. 1(2), 3

F4 Words in reg. 2 substituted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 5(2) (as amended by S.I. 2019/1389, regs. 1, 2(2))

Commencement Information

I2 Reg. 2 in force at 1.5.1990, see reg. 1

Terms of appointment and conditions of employment E+W+S

3.—(1)  [F5 [F6 Subject to paragraphs (3), (4) and (5)], the terms of appointment] and conditions of employment of every person holding a politically restricted post under a local authority (including persons appointed to such posts before the coming into force of these Regulations) shall be deemed to incorporate—

(a) in all cases, the terms and conditions set out in Part I of the Schedule hereto;

(b) in the case of persons appointed otherwise than pursuant to section 9 of the Act (political assistants), the further terms and conditions set out in Part II of that Schedule; and

(c) in the case of persons appointed pursuant to that section, the further terms and conditions set out in Part III of that Schedule.

(2) The terms and conditions referred to in paragraph (1)(a) to (c) apply to the appointee at all times while he holds his appointment.

[F7 (3) Paragraphs [F8 , 1(c)] 4, 5, 6, 7 and 8 of the Schedule do not apply where the appointee is the Deputy Mayor for Policing and Crime.]

[F9 (4) In relation to a member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 paragraph (1) only applies to a person who holds a post listed in section 2(1)(a) to (e) of the Act.]

[F10 (5) Paragraphs 1(c) and 4, 5, 6, 7 and 8 of the Schedule do not apply where the appointee is the Deputy Mayor for Fire.]

Textual Amendments

F5 Words in reg. 3(1) substituted (E.) (6.8.2012) by The Local Government Officers (Political Restrictions) (Amendment) (England) Regulations 2012 (S.I. 2012/1772), regs. 1(1), 2(3)(a)

F6 Words in reg. 3(1) substituted (E.) (22.3.2018) by The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018 (S.I. 2018/269), reg. 1(3), Sch. para. 3(3)(a)

F7 Reg. 3(3) inserted (E.) (6.8.2012) by The Local Government Officers (Political Restrictions) (Amendment) (England) Regulations 2012 (S.I. 2012/1772), regs. 1(1), 2(3)(b)

F8 Word in reg. 3(3) inserted (E.) (1.4.2018) by The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018 (S.I. 2018/269), regs. 1(2), 3(2)

F9 Reg. 3(4) inserted (E.) (1.10.2017) by The Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017 (S.I. 2017/863), art. 1(1), Sch. 2 para. 1(2)(b)

F10 Reg. 3(5) inserted (E.) (22.3.2018) by The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018 (S.I. 2018/269), reg. 1(3), Sch. para. 3(3)(b)

Commencement Information

I3 Reg. 3 in force at 1.5.1990, see reg. 1

Incidental and supplementary provisions E+W+S

4.  In determining whether a person is in breach of a term or condition set out in Part II of the Schedule hereto, regard shall be had, in particular, to the following matters—

(a) whether the appointee referred to a political party or to persons identified with a political party, or whether anything said by him or the relevant work promotes or opposes a point of view identifiable as the view of one political party and not of another; and

(b) where the appointee spoke or the work was published as part of a campaign, the effect which the campaign appears to be designed to achieve.

Commencement Information

I4 Reg. 4 in force at 1.5.1990, see reg. 1

Chris Patten

Secretary of State for the Environment

4th April 1990

Malcolm Rifkind

Secretary of State for Scotland

4th April 1990

Peter Walker

Secretary of State for Wales

4th April 1990