LGA releases briefing on changes to disqualification criteria for councillors
The Local Government Association has issued a briefing on the Local Government (Disqualification) Act 2022, providing an overview of the legislation's background and its implications for councils and councillors.
The Act updates the disqualification criteria for local authority members to explicitly disqualify individuals who are subject to relevant notification requirements or orders due to sexual offences from standing for or remaining in office.
Previously a councillor would be disqualified from standing for election or holding public office if they have been convicted of any offence and have received a sentence of imprisonment (suspended or not) for a period of no less than three months or more in the five-year period before the relevant election.
Recently new offences and sentencing regimes were implemented, meaning that some sexual offences do not result in a custodial sentence. Therefore, councillors convicted of offences, which previously would have resulted in disqualification, were able to retain their role if elected or run for election even if recently convicted.
The Act updates the disqualification criteria so that sexual offences that had unintentionally fallen out of the scope of the disqualification criteria were brought back into scope.
The Act will add to existing criteria that disqualify individuals from being elected to or holding certain positions in local government in England. The briefing states that the Act is not retrospective, meaning its disqualification will not apply to a person subject to any relevant notification requirements or a relevant order before 28 June 2022.
Candidates for election to local government must declare they are not disqualified from standing using prescribed 'Consent to Nomination' forms at nomination. The briefing highlights that it is a criminal offence to make a false statement on nomination papers.
In addition, the briefing says that candidates should be alerted to the new disqualification via the candidate nomination forms and through updated guidance. The Electoral Commission has also updated its relevant guidance and landing pages.
The LGA briefing says the Act is "essential in ensuring that the public continues to have confidence in their elected representatives and local democracy".
It adds: "We agreed that it is right that individuals convicted of sexual offences outlined in the Bill should be disqualified from running for public office or retaining their seat if already elected."
Tthe LGA previously raised concerns that the Act only applies to councillors, mayors and assembly members. "Police and crime commissioners, members of the House of Commons and House of Lords must equally be disqualified from public office if they receive a similar notification or order as outlined in this Act."
It said that the Act had created "further discrepancies" in the disqualification and standards regime that applies to local and national politicians. During the passage of the Act the LGA urged Government to bring forward similar legislation for national politicians.
Adam Carey
