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Local Government Act 1972
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Changes over time for: Section 86
Version Superseded: 08/05/2017
Alternative versions:
- 01/02/1991- Amendment
- 11/09/1998- Amendment
- 19/12/2000- Amendment
- 01/04/2008- Amendment
- 17/12/2009- Amendment
- 01/07/2012- Amendment
- 22/11/2012- Amendment
- 01/04/2015- Amendment
- 26/05/2015- Amendment
- 03/04/2017
Point in time - 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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Point in time view as at 03/04/2017. This version of this provision has been superseded.
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Local Government Act 1972, Section 86 is up to date with all changes known to be in force on or before 21 December 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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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 section 79 of the Local Government Act 2000 or 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[F3Representation 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.
[F4(2)In this section “local authority” includes a joint authority [F5, an economic prosperity board] [F6and a combined authority] F7 . . .]
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 (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 5; S.I. 2015/841, art. 3(x)
F3Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 12
F4S. 86(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 8
F5Words 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)
F6Words in s. 86(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(d); S.I. 2015/994, art. 6(g)
F7Words 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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