# Electoral Administration Act 2006, Paragraph 46


(1) Section 29 of the Local Government (Scotland) Act 1973 (c. 65) (qualifications for nomination, election and holding office as a member of a local authority in Scotland) is amended as follows.
(2) In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.
(3) In subsection (2) before “Commonwealth” insert “ qualifying ”.
(4) After subsection (2) insert—
“(3) For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(4) But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).”

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Source: https://www.legislation.gov.uk/ukpga/2006/22/schedule/1/paragraph/46 (the official version)
Page: https://openlegislation.uk/electoral-administration-act-2006/schedule-1/paragraph-46
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.