Election eligibility

[Now-Voyager]

Is it lawful for an employee of a National Park to stand for election as a County Councillor?

To clarify; the National Park is within the county.

[kempie]

Anyone holding a paid office or employment where the appointment is made or confirmed by the local authority (or any sub-committee of that authority or any joint committee or national park authority where the local authority is represented), or any employee or officer of the local authority, would be disqualified from standing as a candidate at elections to that local authority.

i.e. in both England and Wales, if the County Council is represented in the relevant National Park authority then an employee of that NP authority is not eligible to stand as a councillor.

Courtesy of Electoral Commission Guidance for candidates and agents: Local government elections in England and Wales

[Now-Voyager]

Kempie you are a star thank you for that answer.

It is as I thought. The person in question seems to be a disqualified person and yet is standing!?! And against a friend of mine. He is the only other candidte thus forcing an election in this ward

I will now read the doc, which I have downloaded, to find out how we should proceed.

Thanks again.

[dzug]

Worth following up, definitely, but bear in mind:

the document posted does say that there are exceptions - but doesn't on a quick look say what they are

that he may not be a direct employee of the National Park but be a contractor or employed by one. Or he may have resigned.

I'd contact the returning officer to express your concerns - they will either be allayed or he will be disqualified.

[Now-Voyager]

Thank you dzug. :-)

The person *is* a direct employee and we have spoken to the returning officer. he responds that it is not his responsibility to check a candidates eligibility as is stated here:

1.18 It is important to note that Returning Officers and their staff are not responsible for monitoring the conduct of candidates, agents and campaigners. Where a candidate, agent or party worker has any concerns about the conduct of another person during the election campaign that could amount to electoral malpractice, if they are able to substantiate such a claim and are also willing to make a formal statement, the matter should be referred to the police. Allegations should not be made as a campaign tactic.

He is also wary of the exceptions and suggests that we are guilty of using a campeign tactic!!!

[Now-Voyager]

Local Government Act 1972: Disqualifications for election and holding office as a member of local authority

80 (1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority if he �
(a) holds any paid office or employment (other than the office of chairman, vicechairman or deputy chairman or, 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 to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a joint committee or National Park authority on which the authority are represented or by any person holding such office or employment

The exceptions being:

Exception to provisions of section 80
81 (1) � (2) � (3) �
(4) Section 80(2) and (3) above shall not operate so to disqualify �
(a) any person by reason of his being a teacher, or otherwise employed, in a school � or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council;

So as I see it he is a disqualified person!!!!!!!