Section 52
SCHEDULE 6E+W+SOffice-holders: excluded offices
Work to which other provisions applyE+W+S
1(1)An office or post is not a personal or public office in so far as one or more of the provisions mentioned in sub-paragraph (2)—E+W+S
(a)applies in relation to the office or post, or
(b)would apply in relation to the office or post but for the operation of some other provision of this Act.
(2)Those provisions are—
(a)section 39 (employment);
(b)section 41 (contract work);
(c)section 44 (partnerships).
(d)section 45 (LLPs);
(e)section 47 (barristers);
(f)section 48 (advocates);
(g)section 55 (employment services) so far as applying to the provision of work experience within section 56(2)(a) or arrangements within section 56(2)(c) for such provision.
Political officesE+W+S
2(1)An office or post is not a personal or public office if it is a political office.E+W+S
(2)A political office is an office or post set out in the second column of the following Table—
| Political setting | Office or post |
|---|---|
| Houses of Parliament | An office of the House of Commons held by a member of that House |
| An office of the House of Lords held by a member of that House | |
| A Ministerial office within the meaning of section 2 of the House of Commons Disqualification Act 1975 | |
| The office of the Leader of the Opposition within the meaning of the Ministerial and other Salaries Act 1975 | |
| The office of the Chief Opposition Whip, or of an Assistant Opposition Whip, within the meaning of that Act | |
| Scottish Parliament | An office of the Scottish Parliament held by a member of the Parliament |
| The office of a member of the Scottish Executive | |
| The office of a junior Scottish Minister | |
| National Assembly for Wales | An office of the National Assembly for Wales held by a member of the Assembly |
| The office of a member of the Welsh Assembly Government | |
| Local government in England (outside London) | An office of a county council, district council or parish council in England held by a member of the council |
| An office of the Council of the Isles of Scilly held by a member of the Council | |
| Local government in London | An office of the Greater London Authority held by the Mayor of London or a member of the London Assembly |
| An office of a London borough council held by a member of the council | |
| An office of the Common Council of the City of London held by a member of the Council | |
| Local government in Wales | An office of a county council, county borough council or community council in Wales held by a member of the council |
| Local government in Scotland | An office of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 held by a member of the council |
| An office of a council established under section 51 of the Local Government (Scotland) Act 1973 held by a member of the council | |
| Political parties | An office of a registered political party |
(3)The reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000.
Honours etc.E+W+S
3E+W+SA life peerage (within the meaning of the Life Peerages Act 1958), or any other dignity or honour conferred by the Crown, is not a personal or public office.
[F1Bishops E+W+S
Textual Amendments
F1 Sch. 6 para. 4 and cross-heading inserted (17.11.2014) by Bishops and Priests (Consecration and Ordination of Women) Measure 2014 (No. 2), ss. 2, 4(2); 2014 No. 5, art. 2
4E+W+SThe office of diocesan or suffragan bishop is not a public office.]