Section 65 Political restriction of officers and staffI1

England and Wales Not yet in force

(1)

The Local Government and Housing Act 1989 (c. 42) is amended as follows.

(2)

In section 1 (disqualification and political restriction of certain officers and staff)—

(a)

in subsection (1A)—

(i)

after “member of any local authority in Wales” insert “(including an elected mayor)”;

(ii)

in paragraph (b), after “under a” insert “community council or”;

(b)

in subsection (1B), after “any corporate joint committee” insert “, community council”;

(c)

after subsection (1B) insert—

“(1C)

A person shall be disqualified from becoming or remaining a member of a community council if that person holds a politically restricted post under any community council, corporate joint committee or local authority in Great Britain.”;

(d)

after subsection (12) insert—

“(13)

Subsections (5) and (6) of this section apply to a community council as they apply to a local authority in Wales.”.

(3)

In section 2 (politically restricted posts)—

(a)

after subsection (1B) insert—

“(1C)

For the purposes of this Part the following persons are to be regarded as holding politically restricted posts under a community council—

(a)

a paid officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, for the administration of the financial affairs of the community council;

(b)

a person holding a paid post that is for the time being specified by the community council in the list maintained in accordance with subsection (2) and any directions under section 3.”;

(b)

after subsection (10C) insert—

“(10D)

This section, other than subsection (1), applies in relation to a community council as it applies in relation to a local authority in Wales.

(10E)

In the application of subsection (4) to a community council, the reference to the coming into force of this section has effect as if it were a reference to 6 May 2027.”.

(4)

In section 3(9) (grant and supervision of exemptions from political restriction), after “corporate joint committee” insert “and a community council”.

(5)

In section 10(2) (limit on paid leave for local authority duties), in the definition of “local authority”, after “corporate joint committee” insert “and a community council”.

(6)

In section 12(2) (conflict of interest in staff negotiations), in the definition of “local authority”, after “corporate joint committee” insert “and a community council”.

Annotations

Commencement

I1: S. 65 in force at 6.5.2027, see s. 72(3)