Local Government Act 1972 (c. 70)

Part VE+W General Provisions as to Members and Proceedings of Local Authorities

Modifications etc. (not altering text)

C1Pt. 5 applied (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 9(8)

C2Pt. 5 applied (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 20(6)

C3Pt. V (ss. 79-100) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. V (ss. 79-100) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Qualifications and disqualificationsE+W

80 Disqualifications for election and holding office as member of local authority.E+W

(1)Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority if he—

(a)holds any paid office or employment (other than the office of chairman, vice-chairman or deputy chairman) appointments to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a F1. . . joint committee [F2or National Park authority] on which the authority are represented or by any person holding any such office or employment; or

(b)is a person who has been adjudged bankrupt, or made a composition or arrangement with his creditors; or

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)has within five years before the day of 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

[F4(e) is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee under Part III of the Local Government Finance Act 1982, and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992.]

(2)Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of—

(a)a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

(b)a joint board [F5, joint authority] or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

[F6(2A)Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

(2B)For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.]

(3)Teachers in a school maintained but not established by a local education authority shall be in the same position as respects disqualification for office as members of the authority as teachers in a school established by the authority.

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of subsection (1) F8. . . (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the F8. . . conviction expires or, 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 the non-prosecution thereof shall be deemed to be the date of the F8. . . conviction, F8. . ..

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words repealed by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 1(3)(a), 194(4), Sch. 12 Pt. II

F2Words in s. 80(1)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)