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Local Government Act 1972
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Changes over time for: Section 86
Version Superseded: 01/04/2008
Alternative versions:
- 01/02/1991- Amendment
- 11/09/1998- Amendment
- 19/12/2000- Amendment
- 11/07/2001
Point in time - 01/04/2008- Amendment
- 17/12/2009- Amendment
- 01/07/2012- Amendment
- 22/11/2012- Amendment
- 01/04/2015- Amendment
- 26/05/2015- Amendment
- 08/05/2017- Amendment
- 30/01/2021- Amendment
- 17/11/2021- Amendment
- 01/11/2023- Amendment
- 20/12/2023- Amendment
- 26/12/2023- Amendment
- 21/03/2024- Amendment
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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 [F2under the Audit Commission Act 1998 [F3or section 79 of the Local Government Act 2000]or by virtue of], a conviction or a breach of any provision of Part II of the [F4M1Representation of thePeople Act 1983]; 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.
[F5(2)In this section “local authority” includes a joint authority F6 . . .]
Textual Amendments
F1The 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
F2Words in s. 86(1)(b) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 3(2)
F3Words in s. 86(1)(b) inserted (E.).(19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 10; S.I. 2000/3335, art. 2
F4Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 12
F6Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt.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)
C1S. 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
C2S. 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)
C3S. 86(2) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(d)
C4S. 86(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(d)
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