Section 12: Conflict of interest in staff negotiations.

Local Government and Housing Act 1989 · 1989 c. 42View on legislation.gov.uk

Part I: Local Authority Members, Officers, Staff and Committees etc.

It shall be the duty of a local authority to secure that, so far as practicable, the interests of that authority in any negotiations with respect to the terms and conditions on which persons in local authority employment hold office or are employed are never represented, whether directly or indirectly by, or by persons who include—

a person who is both a member of the authority and in such employment; or
a person who is both a member of the authority and an official or employeeof a trade union whose members include persons in local authority employment.

In this section—

  • "local authority" includes a corporate joint committee;

  • "member", in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated organisations, includes a member of any of its constituent or affiliated trade unions;

  • "official" and "trade union" have the same meanings as in the Trade Union and Labour Relations (Consolidation) Act 1992

and a person shall be treated for the purposes of this section as in local authority employment if he holds any paid office or employment under a local authority or any such paid office or employment under any other person as, by virtue of section 80(1)(a) or section 80C(1) of the Local Government Act 1972 or section 31(1)(a) of the Local Government (Scotland) Act 1973, disqualifies him for membership of any authority.

This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.