THE LEIGH PARISH COUNCIL
Coombe Bank, Tewkesbury Road, Coombe Hill, Gloucester GL19 4AU – LeighPC@hotmail.co.uk (Clerk).
Extract from Local Government Act 1972
80. Disqualification for election and holding office as member of local authority
- Subject to the provisions of section 81 below, a person shall be disqualified for being
elected or being a member of a local authority if he –
- Holds any paid office or employment (other than the office of chairman, vice chairman, deputy chairman, presiding member or deputy presiding member or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive) appointments or elections to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a joint committee or National Park authority on which the authority are represented or by any person holding any such office or employment; or
- Is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order, or a debt relief restrictions order under Schedule 42B of the Insolvency Act 1986; or
- (This has been removed ad no longer applies)
- Has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
- Is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1983.
- Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of –
- A committee or sub-committee of the authority any member which is appointed on the nomination of some other local authority; or
- A joint board, joint authority, economic prosperity board, combined authority, joint waste authority or joint committee on which the authority are represented and any member of which is so appointed;
shall be disqualified for being elected or being a member of that other local authority.
(2AA) Refers to London Boroughs and Greater London Authority only.
(2A) Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.
(2B) For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.
- Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.
(5)For the purposes of subsection (1) (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the conviction.
- Exception to provisions of section 80.
(4) Section 80(2) and (3) above shall not operate so to disqualify –
- Any person by reason of his being a teacher, or otherwise employed, in a school or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council.