Local Government Act 1986

10 Retirement and re-election not to affect membership of joint authority.E+W

(1)In section 32 of the Local Government Act 1985, after subsection (1) (appointment to joint authority to terminate if person appointed ceases to be a member of constituent council) insert—

(1A)For the purposes of this section a person shall not be treated as ceasing to be a member of a constituent council where he retires by virtue of—

(a)section 7(3) of the Local Government Act 1972 (retirement of metropolitan district councillors), or

(b)paragraph 6(3) of Schedule 2 to that Act (retirement of London borough councillors),

and is re-elected to membership of the council not later than the day of his retirement..

(2)In section 31 of that Act (replacement of members of joint authority), at the end add—

(3)Where a constituent council exercises its powers under this section to replace a person who has continued to be a member of a joint authority by virtue of section 32(1A) below and notice is given not later than seven days after the council’s annual meeting next following his retirement and re-election, his appointment shall terminate and the new appointment shall take effect upon the notice being given.;

and in subsection (2)(b) after “subject to” insert “subsection (3) below and to”.

(3)In Schedule 12 to the M1Local Government Act 1972 for paragraph 6A (annual meeting of the new authorities) substitute—

6A(1)Paragraph 1 above applies to a joint authority as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix.

(2)Paragraph 1 above applies to the Inner London Education Authority as it applies to the council of a London borough..

Marginal Citations