Commentary on Provisions Part 1: Candidacy rights etc. of foreign nationals Section 2 – Local government elections
21.This section amends section 29 of the 1973 Act (Qualifications for nomination, election and holding office as member of local authority) to allow all foreign nationals who are at least 18 years old and resident in the UK and with any form of leave to remain, to stand as candidates, to be nominated for election and be a member of a local authority.
22.Since giving candidacy rights to all foreign nationals with limited leave to remain would also include foreign nationals with indefinite leave to remain, EU nationals with pre-settled status and “schedule 6A nationals” there is no need to create such a distinction. Therefore, the references to indefinite leave, pre-settled status and “schedule 6A nationals” are removed by this section. The 2022 Act is also repealed.