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Local Government (Disqualification) Act 2022

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Local Government (Disqualification) Act 2022

2022 Chapter 17

An Act to make provision about the grounds on which a person is disqualified from being elected to, or holding, certain positions in local government in England.

Enacted [28th April 2022]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Grounds of disqualification

I11 Members of local authorities in England etc

1 In the Local Government Act 1972, after section 81 insert—
2 In that Act, in section 80 (disqualifications for election and holding office as member of local authority), after subsection (5) insert—
3 In regulation 7 of the Charter Trustee Regulations 1996 (S.I. 1996/263) (appointment of local government electors as trustees), in paragraph (6), after “(2)” insert “, 81A”.
4 In the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305)—
a in paragraph 7(b)(i) of Schedule 2 (rules for elections of Councillors of a Parish or Community), for “and 81” substitute “, 81 and 81A”;
b in paragraph 7(b)(i) of Schedule 3 (rules for elections of Councillors of a Parish or Community where combined with other election or referendum), for “and 81” substitute “, 81 and 81A”.
5 In the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024)—
a in paragraph 9(b)(i) of Schedule 1 (the Mayoral Elections Rules), for “and 81” substitute “, 81 and 81A”;
b in paragraph 9(b)(i) of Schedule 3 (Mayoral Election (Combination of Polls) Rules), for “and 81” substitute “, 81 and 81A”.
6 In regulation 5 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218) (appointments to Health and Wellbeing Boards), in paragraph (2)—
a after “(d)” insert “or section 81A”;
b for “or criminal conviction” substitute “, criminal conviction or sexual offences etc”.

I22 Mayors of combined authorities

1 The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) and (3).
2 In Schedule 5B (mayors for combined authority areas: further provision about elections), after paragraph 9 insert—
3 In Schedule 5C (mayors for combined authority areas: PCC functions), in paragraph 9, for “and 9” substitute “, 9 and 9A”.
4 In the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67)—
a in paragraph 9(1)(b) of Schedule 1 (the Combined Authority Mayoral Elections Rules), after “9” insert “and 9A”;
b in paragraph 9(1)(b) of Schedule 3 (Combined Authority Mayoral Election (Combination of Polls) Rules), after “9” insert “and 9A”.

I33 The Mayor of London and London Assembly members

1 In the Greater London Authority Act 1999, after section 21 insert—
2 In the Greater London Authority Elections Rules 2007 (S.I. 2007/3541)—
a in paragraph 7(2)(b)(i) of Schedule 1 (the Constituency Member Election Rules), after “21” insert “or 21A”;
b in paragraph 9(2)(c)(i) of Schedule 2 (the London Member Election Rules), after “21” insert “or 21A”;
c in paragraph 8(2)(b)(i) of Schedule 3 (the Mayoral Election Rules), after “21” insert “or 21A”;
d in paragraph 7(2)(b)(i) of Schedule 5 (the Constituency Members Election Rules for elections combined with a relevant election or referendum), after “21” insert “or 21A”;
e in paragraph 9(2)(c)(i) of Schedule 6 (the London Member Election Rules for elections combined with a relevant election or referendum), after “21” insert “or 21A”;
f in paragraph 8(2)(b)(i) of Schedule 7 (the Mayoral Election Rules for elections combined with a relevant election or referendum), after “21” insert “or 21A”.

Supplementary and final provisions

I44 References to Channel Islands or Isle of Man legislation

1 The Secretary of State may by regulations make such amendments to any relevant provision as the Secretary of State considers appropriate in consequence of the amendment, repeal or re-enactment of any legislation of any of the Channel Islands or the Isle of Man which is for the time being specified in that provision.
2 In subsection (1) “relevant provision” means—
a section 81A of the Local Government Act 1972;
b paragraph 9A of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009;
c section 21A of the Greater London Authority Act 1999.
3 Regulations under this section are to be made by statutory instrument.
4 A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

I55 Transitional provision

1 The amendments made by this Act do not have the effect of disqualifying a person by reason of the person becoming subject to—
a any relevant notification requirements, or
b a relevant order,
before the day on which this Act comes into force.
2 In subsection (1) “relevant notification requirements” and “relevant order” have the same meaning as in section 81A of the Local Government Act 1972, paragraph 9A of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 and section 21A of the Greater London Authority Act 1999 as first enacted.

I66 Extent, commencement and short title

1 This Act extends to England and Wales only.
2 This Act comes into force at the end of the period of two months beginning with the day on which it is passed.
3 This Act may be cited as the Local Government (Disqualification) Act 2022.

Footnotes

  1. I1
    S. 1 in force at 28.6.2022, see s. 6(2)
  2. I2
    S. 2 in force at 28.6.2022, see s. 6(2)
  3. I3
    S. 3 in force at 28.6.2022, see s. 6(2)
  4. I4
    S. 4 in force at 28.6.2022, see s. 6(2)
  5. I5
    S. 5 in force at 28.6.2022, see s. 6(2)
  6. I6
    S. 6 in force at 28.6.2022, see s. 6(2)