4.    Members Roles and Conduct

 

4.5    Laws that apply to Elected Members

The following explanations are provided solely as a guide, Elected Members and the public should seek independent legal advice if they need further information.

 

4.5.1.    The Local Government Act 2002 (“the Act”)

This Act is the primary piece of legislation that governs Local Authorities. While Elected Members must have regard for the whole Act, the provisions on indemnity, liability and disqualification of elected members are explained below.

Indemnity of Elected Members:

In certain cases, under Section 43 of the Act, Elected Members are indemnified by the Local Authority. In general, the indemnity can cover costs and damages for civil action and any successfully defended criminal action of a member in their capacity as a member. This indemnity does not extend to directors of Council controlled organisations, nor does this indemnity extend to liability for loss under Section 46 of the Act.

Liability of Elected Members:

Sections 44, 45 and 46 of the Act allow for certain losses of the Local Authority to be recovered as a debt due to the Crown from each member of the Local Authority jointly and severally.

In general, this covers the unlawful disposal of money or other assets, liabilities that have been unlawfully incurred or loss through failure by the Local Authority to collect money it was lawfully entitled to receive. The Act also provides statutory defences for members to such proceedings. Section 47 of the Act prohibits the payment of costs in a proceeding commenced by the Attorney-General out of the general revenues of a Local Authority. The costs must be paid, by order of the Court, by the members of the Local Authority who assented to the acts concerned.

In general, this section applies to proceedings where the Local Authority has dealt with any of its property wrongfully or permitted its property or the reserves to be used for unlawful purposes.

Disqualification of Members from Office:

Schedule 7 of the Act provides that Elected Members are automatically disqualified from office if they are convicted of a criminal offence punishable by two or more years imprisonment, or if they cease to be or lose their status as an elector (see section 80 of the Electoral Act 1993) or for certain breaches of the Local Authorities (Members’ Interests) Act 1968.

 

View Section 80 of the Electoral Act

View the Local Authorities (Members' Interests) Act 1968