C4C5C6 Part V General Provisions as to Members and Proceedings of Local Authorities

Annotations:
Modifications etc. (not altering text)
C6

Pt. 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)

Acceptance, resignation and vacation of office, and casual vacancies

C1C2C383 Declaration of acceptance of office.

1

The person elected to any of the following offices, that is to say, the office of chairman, vice-chairman, F9presiding member, deputy presiding member,F1. . . councillor F2or elected mayor of the council of a county F3, county borough, district or London borough F4. . . shall not, unless he has made a declaration of acceptance of office in a form prescribed by F5an order made by the Secretary of State, and the declaration has within two months from the day of the election been delivered to the proper officer of the council, act in the office except for the purpose of taking such a declaration.

2

If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

3

The declaration shall be made before either—

a

two members of the council to which the declarant is elected; or

F6aa

an elected mayor of the council to which the declarant is elected; or

b

the proper officer of the council; or

c

a justice of the peace or magistrate in the United Kingdom, the Channel Isles or the Isle of Man; or

d

a commissioner appointed to administer oaths in the F7Senior Courts.

F83A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A person elected to the office of chairman of a parish or community council or parish or community councillor shall—

a

in the case of the chairman, at the meeting at which he is elected;

b

in the case of a councillor, before or at the first meeting of the parish or community council after his election; or

c

in either case if the council at that meeting so permit, before or at a later meeting fixed by the council;

make in the presence of a member of the council or of the proper officer of the council and deliver to the council a declaration of acceptance of office in a form prescribed by F5an order made by the Secretary of State, and if he fails to do so his office shall thereupon become vacant.

5

Any person before whom a declaration is authorised to be made under this section may take the declaration.