Local Authorities (Qualification of Members) Act 1971

JurisdictionUK Non-devolved
Citation1971 c. 7
Year1971


Local Authorities(Qualification of Members)Act 1971

1971 CHAPTER 7

An Act to amend the law relating to the qualification for nomination and election to, and membership of, local authorities in Great Britain.

[17th February 1971]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Alternative qualifications for nomination and election to, and membership of, local authorities.

1 Alternative qualifications for nomination and election to, and membership of, local authorities.

(1) Section 57 of the Local Government Act 1933 and section 50 of the Local Government (Scotland) Act 1947 shall be amended as follows—

(a ) to the paragraphs in those sections (which state alternative qualifications in addition to full age and nationality) there shall be added the further paragraphs set out in subsections (2) and (3) respectively of this section, and the paragraphs so added shall in each case be inserted after paragraph (a ); and

(b ) each of the sections as so amended shall become subsection (1) and there shall be added to section 57 the subsection set out in subsection (4) of this section and to section 50 the subsections set out in subsection (5) of this section.

(2) The paragraphs to be added to section 57 are as follows:—

‘(b ) he has during the whole of the twelve months preceding the day on which he is nominated as a candidate occupied as owner or tenant any land or other premises in the area of the local authority; or

(bb ) his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the local authority; or’.

(3) The paragraphs to be added to section 50 are as follows:—

‘(aa ) has during the whole of the twelve months preceding the day on which he is nominated as a candidate occupied as owner or tenant any land or other premises in the area of the authority; or

(ab ) his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the local authority; or’.

(4) The subsection to be added to section 57 is as follows:—

(2) In relation to an election not preceded by the nomination of candidates—

(a ) the preceding provisions of this section shall have effect as if the references to the day of nomination as a candidate were references to the day of election; and

(b ) so much of section 16 of the Representation of the People Act 1969 as precedes the words ‘in section 57(c )’ shall not apply.’

(5) The subsections to be added to section 50 are as follows:—

(2) In this section ‘owner’ includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor, or commissioners.

(3) In relation to an election not preceded by the nomination of candidates, the preceding provisions of this section shall have effect as if the references to the day of nomination as a candidate were references to the day of election.’

(6) In Schedule 3 to the Representation of the People Act 1949 (Scottish Local Elections Rules) there shall be made the amendments provided for by the Schedule to this Act, being amendments consequential on the foregoing provisions of this section.

S-2 Right to inspect nomination papers etc.

2 Right to inspect nomination papers etc.

(1) After rule 10 of the Local Elections Rules in Schedule 2 to the Representation of the People Act 1949 there shall be inserted the following rule:—

S-10A

10A

‘10A. Any person may, at all reasonable times after the latest time for the delivery of nomination papers and before the day of election, inspect and...

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