Section 80B Disqualification for being a member of a local authority in Wales and holding local office or employmentF1
A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member).
A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83.
Subsections (4), (5) and (6) apply where a person is elected as a member of a local authority in Wales and resigns from the relevant paid office or employment for the purpose of taking office as a member.
The resignation terminates the holding of the paid office or employment with immediate effect.
Any notice requirement in the terms and conditions under which the paid office or employment is held has no effect.
Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week's notice) does not apply.
This section does not apply to a person who is disqualified for being elected or being a member of a local authority under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).
Annotations
Textual amendments
- F1
Ss. 80A-80C inserted (17.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 20, 175(7); S.I. 2021/1249, art. 2(a) (with art. 4)
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)