Local Government and Housing Act 1989

30 Declaration of acceptance of office of councillor etc

(1) Before section 34 of the [1973 c. 65.] Local Government (Scotland) Act 1973 there shall be inserted the following section—

“Acceptance of Office

33A Declaration of acceptance of office of councillor

(1) A person elected to office as a councillor of a local authority shall not, unless—

(a) he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State; and

(b) the declaration has within two months from the day of the election been delivered to the proper officer of the local authority,

act in the office except for the purpose of taking such a declaration.

(2) If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3) The declaration shall be made before either—

(a) two members of the local authority to which the declarant is elected; or

(b) the proper officer of the local authority; or

(c) the sheriff; or

(d) a justice of the peace.

(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.”

(2) In section 83 of the [1972 c. 70.] Local Government Act 1972 (declaration of acceptance of office) in subsection (1) and subsection (4), for the words “rules under section 42 above” there shall be substituted the words “an order made by the Secretary of State”.