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Local Government Act 1974

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Changes over time for: Cross Heading: Disqualifications

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Changes to legislation:

Local Government Act 1974, Cross Heading: Disqualifications is up to date with all changes known to be in force on or before 01 November 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. Help about Changes to Legislation

DisqualificationsE+W

1(1)A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—E+W

(a)he is disqualified for being elected, or being, a member of [F1 any authority to which Part 3 of this Act applies]; or

(b)he is a member of any of those authorities F2....

(2)A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner [F3

(a)has been a member of that authority,

(b)has taken action on behalf of that authority in the exercise of any of their functions, or

(c)has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.]

[F4(2A)A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions.

(2B)In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act.]

F5(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(2D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The acts and proceedings of a person appointed as a Local Commissioner and acting in that office F6... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.

[F72AE+WA Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—

(a)while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—

(i)matters relating to the authority, or

(ii)matters of a description which may include matters relating to the authority, and

(b)for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).]

Textual Amendments

F72E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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