OpenLegislation

Section 35 Disqualification.C1C2C3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C4C5(1)

A person shall be disqualified for being appointed or being a member of a joint authority if he holds any paid office or employment (other than the office of chairman or vice-chairman F1or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive) appointments F2or elections to which are or may be made or confirmed by the authority or any committee or sub-committee of the authority or by a joint committee on which the authority is represented or by any person holding any such office or employment F3or by an elected mayor .

(2)

A paid officer of a joint authority who is employed under the direction of—

(a)

a committee or sub-committee of the joint authority any member of which is appointed on the nomination of another joint authority or of a local authority; or

(b)

a joint committee on which the joint authority is represented and any member of which is so appointed,

shall be disqualified for being appointed or being a member of that other joint authority or for being elected or being a member of the local authority, as the case may be.

(3)

A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the M1Transport Act 1962) of, the Passenger Transport Executive for an area which is or was coterminous with the area of a metropolitan county shall be disqualified for being appointed or being a member of F4the Integrated Transport Authority for that county.

F5(4)

In this section, “elected mayor”, “executive”, “executive arrangements”, F6and executive leader have the same meaning as in Part II of the Local Government Act 2000.

F7(5)

In this section “leader and cabinet executive” means—

(a)

in relation to England: a leader and cabinet executive (England);

(b)

in relation to Wales: a leader and cabinet executive (Wales);

and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.

Annotations

Textual amendments

F1

Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(a)

F2

Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(b)

F3

Words in s. 35(1) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(a)

F4

Words in s. 35(3) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 53(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F5

s. 35(4) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(b)

F6

Words in s. 35(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 19(2)

F7

S. 35(5) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 19(3)

Marginal citations

M1

1962 c. 46.

Modifications

C1

S. 35 excluded (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 47(7)

C2

S. 35 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch.

C3

S. 35 excluded (W.) (1.4.2002) by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 41(7)

C4

S. 35(1)(2) amended by S.I. 1985/1884, art. 4(1)(d)

C5

S. 35(1)(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(e)

Notes on Part IV

Modifications

C1

Pt. IV (ss. 23–42) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8