SCHEDULES

SCHEDULE 1Amendments

Part 3Standing for election

Local authorities in Scotland

I146

1

Section 29 of the Local Government (Scotland) Act 1973 (c. 65) (qualifications for nomination, election and holding office as a member of a local authority in Scotland) is amended as follows.

2

In subsection (1) for “British subject” substitute “ qualifying Commonwealth citizen ”.

3

In subsection (2) before “Commonwealth” insert “ qualifying ”.

4

After subsection (2) insert—

3

For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

a

is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

b

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

4

But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).