Section 79 Qualifications for election and holding office as member of local authority.C1C2C3C4E1
England
A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority F1... if he is a F2qualifying Commonwealth citizen or a citizen of the Republic of Ireland F3or F4, in the case of a local authority in England, a qualifying EU citizen or an EU citizen with retained rights and on the relevant day he has attained the age of F5eighteen years and—
on that day he is and thereafter he continues to be a local government elector for the area of the authority; or
he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or
his principal or only place of work during that twelve months has been in that area; or
he has during the whole of those twelve months resided in that area; or
in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.
In this section “relevant day”, in relation to any candidate, means—
except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and
in the said excepted case, the day of election.
In this section “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
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.
But a person is not a qualifying Commonwealth citizen by virtue of subsection (2B)(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).
Annotations
Textual amendments
- F1
Words in s. 79(1) omitted (30.12.2007) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 5(2)
- F2
Words in s. 79(1) substituted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 43(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)
- F3
Words in s. 79(1) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(1)
- F4
Words in s. 79(1) substituted (E.) (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 3(a); S.I. 2023/1145, regs. 3(i)(iii), 5(b) (with savings in S.I. 2023/1406, regs. 1(2), 17, 18; and S.I. 2024/131, regs. 1(3), 23, 24)
- F5
Word in s. 79(1) substituted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 17(4), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(d)
- F6
S. 79(2A) substituted (E.) (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 3(b); S.I. 2023/1145, regs. 3(i)(iii), 5(b) (with savings in S.I. 2023/1406, regs. 1(2), 17, 18; and S.I. 2024/131, regs. 1(3), 23, 24)
- F7
S. 79(3) (inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 2) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
- F8
S. 79(2B)(2C) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 43(4); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)
Modifications
- C1
S. 79 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1
S. 79 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1
S. 79 applied (12.4.1994) by S.I. 1994/867, reg. 11(6)
- C2
S. 79: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1
S. 79: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1
- C3
Ss. 79-82 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
- C4
Ss. 79-82 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1
Extent
- E1
This version of this provision applies to England only; a separate version has been created for Wales only
Notes on Part V
Modifications
- C1
Pt. 5 applied (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 9(8)
- C2
Pt. 5 applied (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 20(6)
- C3
Pt. 5 (ss. 79-100) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)
Pt. 5 (ss. 79-100) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
- C4
Pt. 5 applied (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 17(1) Table
- C5
Pt. 5 applied (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 17(1) Table
- C6
Pt. 5 applied (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 17(1) Table
- C7
Pt. 5 applied (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 36(1)
- C8
Pt. 5 applied (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 21(1)
- C9
Pt. 5 applied (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 15(1)
- C10
Pt. 5 applied (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 17(1)
- C11
Pt. 5 applied (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 18(1)
- C12
Pts. 5, 5A applied (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 28(1)(b)(iii), 40(1)(b)(iii)