Local Government Act 1972

Changes over time for: Section 80

Version Superseded: 27/07/2002

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Point in time view as at 11/07/2001. This version of this provision has been superseded.

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Local Government Act 1972, Section 80 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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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 [F1, and be disqualified for being elected or being an elected mayor,] if he—

(a)holds any paid office or employment (other than the office of chairman, vice-chairman or deputy chairman [F2or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]) appointments [F3or elections] 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 F4. . . joint committee [F5or 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

F6(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

[F7(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 [F8the Audit Commission Act 1998], 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 [F9, 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.

[F10(2AA)A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—

(a)one or more persons appointed on the nomination of the Authority acting by the Mayor, and

(b)one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,

shall be disqualified for being elected or being a member of any of those London borough councils.]

[F11(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.]

[F12(3)Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.]

F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of subsection (1) F14. . . (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the F14. . . 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 F14. . . conviction, F14. . ..

F15(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 80(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 5(a) and (W.) (1.4.2002) by S.I. 2002/808 {art. 5(a)}

F2Words in s. 80(1)(a) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 8; S.I. 2000/2849, art. 2(e)

F3Words in s. 80(1)(a) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 5(b) and (W.) (1.4.2002) by S.I. 2002/808, art. 5(b)

F4Words 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

F5Words 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)