- Latest available (Revised)
- Point in Time (01/04/2018)
- Original (As enacted)
Point in time view as at 01/04/2018.
Local Government (Scotland) Act 1973, Section 31 is up to date with all changes known to be in force on or before 15 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; or
[F2(ba)he is subject to a bankruptcy restrictions order;]
(c)he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic 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
(d)he is disqualified for being elected or for being a member of that authority under Part III of the M1[F3Representation of the People Act 1983].
[F4(1A)A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of [F5convener or depute convener] of the board) or other place of profit in the gift or disposal of the board.]
(2)Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—
(a)the sequestration of his estate is recalled or reduced; or
[F6(b)he is discharged under or by virtue of the Bankruptcy (Scotland) Act [F72016] .]
(3)Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—
(a)if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
(b)if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and
(c)if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.
[F8(3A)A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.]
[F9(3B)In subsection (1)(ba) above, “bankruptcy restrictions order” means—
(a)a bankruptcy restrictions order made under section [F10155 of the Bankruptcy (Scotland) Act 2016] ;
F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or
(d)a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.]
F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 31(1)(a) repealed (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(1), 17(2); S.S.I. 2004/558, art. 2
F2S. 31(1)(ba) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 4(a), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1) (with arts. 4-6, 10)
F3Words substituted by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 para. 15(b)
F4S. 31(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 1(4)(b)
F5Words in s. 31(1)(a)(1A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(8)(a); S.I. 1996/323, art. 4(1)(c)
F6S. 31(2)(b) substituted by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(1), Sch. 7 para. 12
F7Word in s. 31(2)(b) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 7(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
F8S. 31(3A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(8)(b); S.I. 1996/323, art. 4(1)(c)
F9S. 31(3B) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 4(b), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1) (with arts. 4-6, 10)
F10Words in s. 31(3B)(a) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 7(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
F11S. 31(3B)(b) repealed (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), s. 57(2), sch. 4; S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
F12S. 31(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(8)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
Modifications etc. (not altering text)
C1S. 31 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14
C2S. 31(1)(2)(3) applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: