OpenLegislation

Section 80C Paid office or employment to which disqualification appliesF1

England and Wales

(1)

For the purposes of section 80B “a relevant paid office or employment” is a paid office or employment appointment or election to which is or may be made or confirmed by—

(a)

the local authority to which the person was elected a member;

(b)

a committee or sub-committee of the local authority;

(c)

a joint committee or National Park authority on which the local authority is represented; F2...

(F3ca)

a corporate joint committee established in relation to the area of the local authority; or

(d)

a holder of a paid office or employment of the kind described in paragraphs (a), (b) F4,(c) or (ca).

(2)

But a relevant paid office or employment in subsection (1) does not include the office of—

(a)

chairman, vice-chairman, presiding member or deputy presiding member, or

(b)

in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.

(3)

Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection.

(4)

Where the holder of a relevant paid office in a local authority in Wales (“local authority A”) is employed under the direction of—

(a)

a committee or sub-committee of local authority A any member of which is appointed on the nomination of another local authority in Wales (“local authority B”), or

(b)

a joint board, a National Park authority, or joint committee on which local authority A is represented and any member of which is appointed on the nomination of local authority B,

section 80B applies in respect of the person's membership of local authority B.

(5)

For the purposes of this section, a local authority is represented on a National Park authority if it is entitled to appoint a member of the local authority as a member of the National Park authority.

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)

F2

Word in s. 80C(1)(c) omitted (25.3.2022) by virtue of The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 50(a)

F3

S. 80C(1)(ca) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 50(b)

F4

Words in s. 80C(1)(d) substituted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 50(c)

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)