Commentary on Sections Part 1: Elections Section 20 - Disqualification for election and being a member of a local authority
140.This section inserts new sections 80A, 80B, and 80C into the 1972 Act, setting out the circumstances under which a person is disqualified for election or for being a member of a local authority in Wales (i.e. a county council, county borough council or community council in Wales).
141.Section 80A (disqualification for election or being a member of a local authority in Wales) lists the circumstances under which a person is disqualified for being elected or being a member of a local authority in Wales
142.The provisions in section 80A(1)(a),(b) and (d), (2), (4) and (5) restate the grounds for disqualification in section 80(1)(b), (e) and (d), and (5) of the 1972 Act respectively. (Section 80 of the 1972 Act no longer applies to local authorities in Wales by virtue of paragraph 1(3) of Schedule 2 to the Act.)
143.Section 80A(1)(c) provides new grounds for disqualification, namely being subject to the notification requirements of or an order under Part 2 of the Sexual Offences Act (orders made or requirements imposed by a court in response to specified sexual conduct.)
144.Section 80A(6) is also new and prohibits members of a local authority in Wales from acting in that office if, but for subsections (3), (4) or (5) (time allowed for appeal against conviction, order etc.), they would be disqualified under section 80A(1).
145.Section 80B (disqualification for being a member of local authority in Wales and holding local office or employment) disqualifies certain employees and office holders of a local authority in Wales (or a connected body) from being a member of that authority but does not prevent such persons from standing for election to that authority.
146.A person becomes disqualified from being a member of the local authority under section 80B at the time they make a declaration of acceptance of office under section 83 of the 1972 Act. The person may instead chose to resign from the relevant paid office of employment for the purpose of taking office as a member. In this case, the resignation will have immediate effect irrespective of any notice requirement in the terms and conditions under which the paid office or employment is held.
147.Under section 1 of the Local Government and Housing Act 1989 (“the 1989 Act”), a person is disqualified from being elected or being a member of a local authority if they hold a politically restricted post. Section 80B has no effect on this provision.
148.Section 80C (paid office or employment to which disqualification applies) defines the term “relevant paid office or employment”.