Local Government Act 1972

[F1 80A Disqualification for election or being a member of a local authority in Wales E+W

(1) A person is disqualified for being elected or being a member of a local authority in Wales if—

(a) the person is the subject of—

(i) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016;

(ii) a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989;

(b) the person is disqualified for being elected or for being a member of the authority under Part 3 of the Representation of the People Act 1983 (corrupt or illegal practices);

[F2 (ba) the person is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) 1962 (c. 14) (corrupt or illegal practices);]

(c) the person is subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003;

(d) the person has a relevant criminal conviction.

(2) A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person's election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine.

(3) A person is not disqualified under subsection (1)(c) at any time before the end of the ordinary period allowed for making—

(a) an appeal or application in respect of the conviction or finding to which the notification requirements relate;

(b) an appeal in respect of the order.

(4) A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction.

(5) A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution.

(6) A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales.]

Textual Amendments

F1 Ss. 80A-80C inserted (17.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 20, 175(7); S.I. 2021/1249, art. 2(a) (with art. 4)

F2 S. 80A(1)(ba) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 62, 72(2)(d)