THE LEIGH PARISH COUNCIL
Coombe Bank, Tewkesbury Road, Coombe Hill, Gloucester GL19 4AU – LeighPC@hotmail.co.uk (Clerk).
Extract from Local Government Act 2000
Persons disqualified by eligible tribunals: the following is the legislation that describes how persons disqualified by certain tribunals are disqualified from standing in local government elections.
78A Decisions of First-tier Tribunal
[(1) Deleted.]
(2) Where the First-tier Tribunal adjudicates on any matter under this Act, it must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.
(3) Where the tribunal decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.
(4) Where the tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it may –
(a) take in respect of him any action authorised by regulations made by the Secretary of State for the purposes of this subsection, or
(b) decide to take no action against him.
(5) Regulations made under subsection (4) may in particular –
(a) enable the tribunal to censure the person,
(b) enable it to suspend, or partially suspend, the person from being a member or co-opted member of the relevant authority concerned for a limited period,
(c) enable it to disqualify the person, for a period not exceeding five years, for being or becoming (whether by election or otherwise) a member of that or any other relevant authority.
(6) The reference in subsection (5)(b) to the relevant authority concerned is to be read, in relation to a person who is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, as a reference to that other relevant authority.
(7) Regulations made by the Secretary of State may require the First-tier Tribunal to give a notice to the standards committee of the relevant authority concerned where it decides that a person has failed to comply with the code of conduct of that authority
And –
(a)decides to suspend or partially suspend the person,
(b)decides to disqualify the person,
(c)decides to take action against the person other than suspension, partial suspension or disqualification, or
(d) decides to take no action against him.
(8) Regulations under subsection (7) may –
(a)prescribe the content of any notice,
(b)provide for the effect that any notice is to have,
(c)provide for provisions of the regulations to have effect with prescribed modifications where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority in England.