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Link to original content: http://www.legislation.gov.uk/ukpga/1973/65/section/31A/data.akn

S. 31A inserted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(2), 17(2); S.S.I. 2004/558, art. 2

http://www.legislation.gov.uk/ukpga/1973/65/section/31ALocal Government (Scotland) Act 1973An Act to make provision with respect to local government and the functions of local authorities in Scotland; to amend Part II of the Transport Act 1968; and for connected purposes.1984-01-01texttext/xmlenStatute Law Database2024-07-24Expert Participation2024-06-19Part III General Provisions as to Members of Local Authorities and Proceedings Qualifications and disqualifications
31ADisqualification of officers, employees etc. from remaining members of local authority1

A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below.

2

A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit.

3

A resignation effected in pursuance of subsection (2) above terminates the holding of the office, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held.

4

In this section the relevant day is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) or a day appointed for public thanksgiving or mourning in Scotland).

5

In subsection (4) above, the “local elections rules” means an order made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9).

6

This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42).