Section 92: Proceedings for disqualification., Local Government Act 1972

Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

in the High Court or a magistrates' court if that person so acted;

in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

if the proceedings are in the High Court, the High Court may—

make a declaration to that effect and declare that the office in which the defendant has acted is vacant;

grant an injunction restraining the defendant from so acting;

order that the defendant shall forfeit to Her Majesty such sum as the court think fit, not exceeding £50 for each occasion on which he so acted while disqualified;

if the proceedings are in a magistrates' court, the magistrates' court may, subject to the provisions of this section, convict the defendant and impose on him a fine not exceeding level 3 on the standard scale for each occasion on which he so acted while disqualified.

Where proceedings under this section are instituted in a magistrates' court, then—

if the court is satisfied that the matter would be more properly dealt with in the High Court, it shall by order discontinue the proceedings;

if the High Court, on application made to it by the defendant within fourteen days after service of the summons, is satisfied that the matter would be more properly dealt with in the High Court, it may make an order, which shall not be subject to any appeal, requiring the magistrates' court by order to discontinue the proceedings.

Where in proceedings instituted under this section in the High Court it is proved that the defendant claims to act as a member of a local authority and is disqualified for so acting, the court may make a declaration to that effect and declare that the office in which the defendant claims to be entitled to act is vacant and grant an injunction restraining him from so acting.

No proceedings shall be instituted against a person otherwise than under this section on the ground that he has, while disqualified for acting as a member of a local authority, so acted or claimed to be entitled so to act.

For the purposes of this section a person shall be deemed to be disqualified for acting as a member of a local authority—

if he is not qualified to be, or is disqualified for being, a member of the authority; or

if by reason of failure to make and deliver the declaration of acceptance of office within the period required, or by reason of resignation or failure to attend meetings of the local authority, he has ceased to be a member of the authority.

In this section "local authority" includes a joint authority , an economic prosperity board , a combined authority and a combined county authority ... ; and in relation to a joint authority , an economic prosperity board , a combined authority or a combined county authority the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.

This section applies to a corporate joint committee as it applies to a local authority and, in relation to a corporate joint committee, the reference in subsection (1) to a local government elector for the area concerned is to be construed as a reference to a local government elector for any local government area in the area specified as the corporate joint committee's area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

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In relation to the Broads Authority, the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.

Section 92: Proceedings for disqualification.

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