Citation and commencementI11
These Regulations may be cited as the Local Government Officers (Political Restrictions) Regulations 1990 and shall come into force on 1st May 1990.
InterpretationI22
In these Regulations—
“the Act” means the Local Government and Housing Act 1989;
F5“Deputy Mayor for Fire” means a person appointed under section 67(1)(b) of the Greater London Authority Act 1999 as the Deputy Mayor for Fire, or appointed under that section and designated as the Deputy Mayor for Fire;
F1“Deputy Mayor for Policing and Crime” means a person appointed under section 19(1) of the Police Reform and Social Responsibility Act 2011;
F10“local authority” includes a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;
references to the appointee are references to a person holding such a post as is mentioned in regulation 3(1) and references to the holding of an appointment shall be construed accordingly;
references to a political party do not include references to an organisation whose objects relate solely to matters arising in, or connected with, a state which is not F9the United Kingdom; and
references to speaking to the public include references to the giving of an interview which, to the knowledge of the person giving it, is likely to result in the publication of statements made, or opinions expressed, during the course of the interview.
Terms of appointment and conditions of employmentI33
1
F3F7Subject to paragraphs (3), (4) and (5), the terms of appointment and conditions of employment of every person holding a politically restricted post under a local authority (including persons appointed to such posts before the coming into force of these Regulations) shall be deemed to incorporate—
a
in all cases, the terms and conditions set out in Part I of the Schedule hereto;
b
in the case of persons appointed otherwise than pursuant to section 9 of the Act (political assistants), the further terms and conditions set out in Part II of that Schedule; and
c
in the case of persons appointed pursuant to that section, the further terms and conditions set out in Part III of that Schedule.
2
The terms and conditions referred to in paragraph (1)(a) to (c) apply to the appointee at all times while he holds his appointment.
F23
Paragraphs F8, 1(c) 4, 5, 6, 7 and 8 of the Schedule do not apply where the appointee is the Deputy Mayor for Policing and Crime.
F44
In relation to a member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 paragraph (1) only applies to a person who holds a post listed in section 2(1)(a) to (e) of the Act.
F65
Paragraphs 1(c) and 4, 5, 6, 7 and 8 of the Schedule do not apply where the appointee is the Deputy Mayor for Fire.
Incidental and supplementary provisionsI44
In determining whether a person is in breach of a term or condition set out in Part II of the Schedule hereto, regard shall be had, in particular, to the following matters—
a
whether the appointee referred to a political party or to persons identified with a political party, or whether anything said by him or the relevant work promotes or opposes a point of view identifiable as the view of one political party and not of another; and
b
where the appointee spoke or the work was published as part of a campaign, the effect which the campaign appears to be designed to achieve.