46(1)Section 29 of the Local Government (Scotland) Act 1973 (c. 65) (qualifications for nomination, election and holding office as a member of a local authority in Scotland) is amended as follows.U.K.
(2)In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.
(3)In subsection (2) before “Commonwealth” insert “ qualifying ”.
(4)After subsection (2) insert—
“(3)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(4)But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).”
Commencement Information
I1Sch. 1 para. 46 wholly in force at 1.7.2008; Sch. 1 para. 46 not in force at Royal Assent see s. 77; Sch. 1 para. 46 in force for E.W.S. at 1.1.2007 by S.I. 2006/3412, art. 3, Sch. 1 para. 14 (bb)(i) (subject to Sch. 2); Sch. 1 para. 46 in force for N.I. at 1.7.2008 by S.I. 2008/1316, arts. 2(2), 4(z)(i)