Local Government Act 1972

86 Declaration by local authority of vacancy in office in certain cases. E+W

[F1 (1)] Where a member of a local authority—

(a) ceases to be qualified to be a member of the authority; or

(b) becomes disqualified for being a member of the authority otherwise than [F2 under [F3 section 80A(1)(c) of this Act,] section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of], a conviction or a breach of any provision of Part II of the M1 [F4 Representation of the People Act 1983] [F5 , or by virtue of an order under section 30 of the Elections Act 2022]; or

(c) ceases to be a member of the authority by reason of failure to attend meetings of the authority;

the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.

[F6 (2) In this section “local authority” includes a joint authority [F7 , an economic prosperity board] [F8 , a combined authority and a combined county authority] F9 ... ]

Textual Amendments

F1 The provisions of s. 86 become s. 86(1) by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 8

F2 Words in s. 86(1)(b) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 5; S.I. 2015/841, art. 3(x)

F3 Words in s. 86(1)(b) inserted (17.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 2 para. 1(4); S.I. 2021/1249, art. 2(b) (with art. 4)

F4 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 12

F5 Words in s. 86(1)(b) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 2(3); S.I. 2023/1145, reg. 3(k)

F6 S. 86(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 8

F7 Words in s. 86(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 14; S.I. 2009/3318, art. 2(c)

F8 Words in s. 86(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 27 (with s. 247)

F9 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C1 Pt. 5 applied (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 15(1)

C2 Pt. 5 applied (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 17(1)

C3 Pt. 5 applied (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 18(1)

C4 S. 86: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C5 S. 86 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), arts. 1(2), 11

C6 S. 86 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 42

C7 S. 86 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 40

C8 S. 86 applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 12

C9 S. 86(1)(b) amended by: Local Government (Interim Provisions) Act 1984 (c. 53, SIF 81:1), s. 10(2); Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 92(7); and Education Reform Act 1988 (c. 40, SIF 41:1), ss. 191(5), 231(7), 235(6)

C10 S. 86(2) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(d)

C11 S. 86(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(d)

Marginal Citations

M1 1983 c. 2.(42).