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To qualify as a candidate for election to a local
authority a person must satisfy the following criteria on both the
day they are nominated and on polling day. They must:
- have attained the age of at least 21 years
and
- be a British citizen, a citizen of another Commonwealth
country, a citizen of the Irish Republic, or a citizen of another
member state of the European Union.
The candidate must also meet at least one of the following four
qualifications on both the day they are nominated and on polling
day:
- they are registered as a local government elector for the local
authority area in which they wish to stand or
- they have been an owner or tenant of any land or premises in
the local authority area during the whole of the twelve months
before the day they are nominated or
- their main or only place of work during the last twelve months
has been in the local authority area or
- they have lived in the local authority area during the whole of
the last twelve months
The qualification to be a registered elector is an ongoing
qualification. It must be satisfied (unless duly qualified under
another criterion stated above) for the duration of their
councillorship. It is therefore important to mark all of the
qualifications that the candidate satisfies when completing the
nomination paper.
Find out more about the
nomination process.
Disqualifications
Certain people are disqualified from being elected to a local
authority. A person cannot be a candidate if:
- they are employed by the local authority or hold a paid office
under the authority (including joint boards or committees)
or
- they are the subject of a bankruptcy restrictions order in
England or Wales; have been adjudged bankrupt in Northern Ireland;
or have had their estate sequestered in Scotland (People who were
declared bankrupt before the amendments to the bankruptcy
disqualification's following commencement of the Enterprise Act
2002 and are not in receipt of a bankruptcy order are not
disqualified from standing) or
- they have been sentenced to a term of imprisonment of three
months or more (including a suspended sentence) without the option
of a fine, during the five years before election day
or
- they have been disqualified under Part III of the
Representation of the People Act 1983 (This relates to donations
and other offences as well) or under the Audit Commission Act
1998
A person may also be disqualified from election if they have
been convicted or reported guilty of a corrupt or illegal practice
by an election court, or if they have been disqualified from
standing for election to a local authority following a decision of
the Adjudication Panel for England.
The Local Government and Housing Act 1989 also defines a number
of politically restricted posts within a local authority (normally
senior positions such as the head of paid service or statutory
chief officer, or other senior managers or staff who regularly
advise members). If a person holds one of these posts they will be
disqualified from election to any local authority in Great
Britain.
The full range of disqualifications for candidates at local
elections is complex, and some exceptions may also apply.
Candidates are strongly advised to consult the relevant legislation
to ensure that none of the relevant disqualifications apply, and if
in doubt to seek legal advice. |