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 F4... 79 of the Local Government Act 2000] [F5or 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[F6Representation 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.
[F7(2)In this section “local authority” includes a joint authority [F8, an economic prosperity board, a combined authority][F9and a joint waste authority]F10 . . .]
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F4Words in s. 86(1)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F5Words in s. 86(1)(b) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(10), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)
F6Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 12
F7S. 86(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 8
F8Words 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)
F9Words in s. 86(2) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 5: S.I. 2008/917, art. 2(1)(p)
F10Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt.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)
Marginal Citations