Part III General Provisions as to Members of Local Authorities and Proceedings
Qualifications and disqualifications
C131 Disqualifications for nomination, election and holding office as member of local authority.
C21
Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—
a
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b
he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; or
F2ba
he is subject to a bankruptcy restrictions order;
c
he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
F41A
A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of F5convener or depute convener of the board) or other place of profit in the gift or disposal of the board.
C22
Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—
a
the sequestration of his estate is recalled or reduced; or
C23
Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and
c
if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.
F73A
A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.
F83B
In subsection (1)(ba) above, “bankruptcy restrictions order” means—
a
a bankruptcy restrictions order made under section F12155 of the Bankruptcy (Scotland) Act 2016 ;
F10b
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c
a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or
d
a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.
F94
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