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The Local Government and Housing Act 1989 Amendment (Scotland) Order 2009

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2009, ISBN 9780111004951

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 16(5) of the Local Governance (Scotland) Act 2004, for approval by resolution of the Scottish Parliament.

LOCAL GOVERNMENT

Made 2009

Coming into force in accordance with Article 1

The Scottish Ministers make the following Order, in exercise of the powers conferred by section 15 and 16(3) of the Local Governance (Scotland) Act 2004f1 and all other powers enabling them to do so.

In accordance with section 16(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2004 asp 9.

Contents

  1. 1Citation and commencement
  2. 2Politically restricted posts
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Local Government and Housing Act 1989 Amendment (Scotland) Order 2009 and shall come into force on the day after the day on which it is made.

2Politically restricted posts

(1)

The Local Government and Housing Act 1989f1 is amended as follows.

(2)

In subsection (3) of section 3 of the Local Government and Housing Act 1989, omit from the “and” following paragraph (a) to the end of the subsection.

Signature

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2009

Explanatory note

(This note is not part of the Order)

The Local Governance (Scotland) Act 2004 (“the 2004 Act”) amended section 2 of the Local Government and Housing Act 1989 (c. 42) (“the 1989 Act”), which sets out categories of local authority employees who are to be regarded as holding politically restricted posts.

Such employees are prevented, by section 1 of the 1989 Act, from holding various elective offices or from standing for election to those offices. Such employees are also prevented from engaging in a range of political activities. The amendment made by the 2004 Act removed two categories of employees which were determined by a salary threshold.

This Order makes consequential provision to repeal parts of section 3 of the 1989 Act which remain in force in Scotland but have no continuing purpose as a result of the amendments made by the 2004 Act.