J.G.Harston
Lib Dem
Leave-voting Brexit-supporting Liberal Democrat
Posts: 14,755 
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Post by J.G.Harston on Oct 20, 2018 21:09:45 GMT
It's self-declared. With the side effect that if you self-declare an address that turns out to be invalid, you're stuck for 12 months as if you come back a week later and say "oh, my work address is now X" you are either: * have only worked at the new 'X' for one week, as demonstrated by your previous application, and so fail the '...for twleve months' bit; or * if you really have worked a the new 'X' for the qualifying twelve months, this proves that your previous application was fraudulant. Yes, but... it ignores the very real situation many people have of working in many places at the same time, such as having more than one job and therefore more than one work address. Does that mean they can legitimately be councillors in several places at once? Or would be invalidated, and if so, why? You can legitimately be a councillor in several places at once.
At district level: in the district you live in, plus any district you occupy land in, plus any district you are on the elctoral register on, plus the district where you have worked for the preceeding 12 months. Eg, live in Sheffield, work in Rotherham, councillor in Sheffield and Rotherham.
At Parish level: in the parish you live in, plus the parish you have worked in for the preceeding 12 months, plus any parish you occupy land, plus any parish you are on the electoral register, plus any parish you live within 3 miles of. Eg for me in Whitby, I can stand for election in Whitby, where I live+on electoral register, plus Hawsker&Stainsacre, Sneaton, Eskdale&Ugglebarnby, Aislaby, Newholme&Dunsley, Lythe, all of which I live within 3 miles of the parish boundary. Plus, carefully checking, I'm 2.95 miles from Fylingdales.
Until last year I could stand in Sheffield as I was on the electoral register there. I still own property in Sheffield so still could.
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Post by Davıd Boothroyd on Oct 20, 2018 21:23:57 GMT
It's self-declared. With the side effect that if you self-declare an address that turns out to be invalid, you're stuck for 12 months as if you come back a week later and say "oh, my work address is now X" you are either: * have only worked at the new 'X' for one week, as demonstrated by your previous application, and so fail the '...for twleve months' bit; or * if you really have worked a the new 'X' for the qualifying twelve months, this proves that your previous application was fraudulant. So presumably the rules need to be updated to include provision for people who have worked at multiple addresses within the council area over that twelve month period. The Local Government Act 1972, s. 79 (1) (c) states that someone is qualified for election as a councillor if "his principal or only place of work during that twelve months has been in that area". So different locations within the same authority doesn't matter, but the implication of the law is that any person can only be qualified in this way in one place and for one authority. |
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Post by greenchristian on Oct 20, 2018 21:56:15 GMT
So presumably the rules need to be updated to include provision for people who have worked at multiple addresses within the council area over that twelve month period. The Local Government Act 1972, s. 79 (1) (c) states that someone is qualified for election as a councillor if "his principal or only place of work during that twelve months has been in that area". So different locations within the same authority doesn't matter, but the implication of the law is that any person can only be qualified in this way in one place and for one authority. I think the issue is that the form only allows you to declare a single address for the employment qualification. |
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Post by Davıd Boothroyd on Oct 20, 2018 22:18:34 GMT
The Local Government Act 1972, s. 79 (1) (c) states that someone is qualified for election as a councillor if "his principal or only place of work during that twelve months has been in that area". So different locations within the same authority doesn't matter, but the implication of the law is that any person can only be qualified in this way in one place and for one authority. I think the issue is that the form only allows you to declare a single address for the employment qualification. May be a fairly minor point since all the candidate needs to do is name one place of work, and it's not published on the Statement of Persons Nominated. There isn't much case law on this subject but the most important case (in which it was found that being a councillor could count as work for the purposes of this qualification) hints at the courts erring on the side of generosity. |
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Post by Devil Wincarnate on Oct 21, 2018 12:59:45 GMT
Mark Versallion was elected to Central Bedfordshire Council in 2011 while still being a member of LB Harrow. Versallion apparently gained a 'joint doctorate' at Oxford and Reading universities, so he was clearly used to riding two horses at once. Oh Lord, Mark Versallion- I thought I'd never hear his name again. I was on the committee of Stretford & Urmston CA when he was the PPC. |
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Post by finsobruce on Oct 21, 2018 13:13:08 GMT
Versallion apparently gained a 'joint doctorate' at Oxford and Reading universities, so he was clearly used to riding two horses at once. Oh Lord, Mark Versallion- I thought I'd never hear his name again. I was on the committee of Stretford & Urmston CA when he was the PPC. thought as in hoped? |
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Post by Devil Wincarnate on Oct 21, 2018 13:18:11 GMT
Oh Lord, Mark Versallion- I thought I'd never hear his name again. I was on the committee of Stretford & Urmston CA when he was the PPC. thought as in hoped? Yes. |
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Harry Hayfield
Green
Cavalier Gentleman (as in 17th century Cavalier)
Posts: 2,922
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Post by Harry Hayfield on Oct 21, 2018 19:07:27 GMT
It's lawful because there is no law that says it can't happen. As there are four methods of qualifying as a councillor it's quite possible to meet one of them in several different authorities. There was a Westminster councillor a few years ago who stood in a district a long way outside London while still on Westminster; can't remember the details. Remember for parish level elections, you don't need to live within the parish boundaries to qualify as a local resident; I think you're allowed a two mile leeway. 3.6 miles actually (that's the figure quoted to me when I toyed with the idea of standing in Aberaeron) |
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Post by gwynthegriff on Oct 21, 2018 19:43:31 GMT
It's lawful because there is no law that says it can't happen. As there are four methods of qualifying as a councillor it's quite possible to meet one of them in several different authorities. There was a Westminster councillor a few years ago who stood in a district a long way outside London while still on Westminster; can't remember the details. Remember for parish level elections, you don't need to live within the parish boundaries to qualify as a local resident; I think you're allowed a two mile leeway. 3.6 miles actually (that's the figure quoted to me when I toyed with the idea of standing in Aberaeron) I think it's been metricated. It was 3 miles under the LGA 1972 79 1 (e). Is it now 6km? We can go back to miles after Brexit ...  |
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Post by gwynthegriff on Oct 21, 2018 19:47:56 GMT
The Local Government Act 1972, s. 79 (1) (c) states that someone is qualified for election as a councillor if "his principal or only place of work during that twelve months has been in that area". So different locations within the same authority doesn't matter, but the implication of the law is that any person can only be qualified in this way in one place and for one authority. I think the issue is that the form only allows you to declare a single address for the employment qualification. Well can one have more than one "principal" place of work? |
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Post by heslingtonian on Oct 21, 2018 23:09:54 GMT
Spoke to someone who was involved in that Association at that time who said he barely turned up to anything when he was the PPC. Is that correct? |
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Post by Devil Wincarnate on Oct 22, 2018 9:38:46 GMT
Spoke to someone who was involved in that Association at that time who said he barely turned up to anything when he was the PPC. Is that correct? That would be entirely correct (I'd be interested to know who your contact is, feel free to PM me!) |
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peterl
Green
Congratulations President Trump
Posts: 8,468
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Post by peterl on Oct 23, 2018 14:01:31 GMT
Although not elected to either, I have myself stood for election to two different councils on the same day. Fortunately the counts were not at the same time.
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Post by timrollpickering on Oct 24, 2018 19:33:30 GMT
Another case appears to be the cause one of tomorrow's by-elections. Chris Hayward sat on Hertfordshire County Council from 2009 until his resignation and was elected to the Corporation of [the City of] London in 2013.
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Post by martinwhelton on Oct 29, 2018 16:33:16 GMT
Any instances of anyone sitting on two London boroughs at the same time?
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Post by Davıd Boothroyd on Oct 29, 2018 16:44:48 GMT
Any instances of anyone sitting on two London boroughs at the same time? I haven't found any. Several cases of moving from one to another without any interruption, but not simultaneous membership. |
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Post by timrollpickering on May 19, 2021 14:49:26 GMT
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Post by Pete Whitehead on May 19, 2021 14:52:25 GMT
Any relation of the dreaded Catherine Bearder?
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Post by Arthur Figgis on May 19, 2021 15:01:15 GMT
Any relation of the dreaded Catherine Bearder? Son. |
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Post by Davıd Boothroyd on May 19, 2021 15:12:35 GMT
Tim Bearder is a very unusual case. He grew up in Oxfordshire but moved to Eastleigh in 2016. Wasn't elected in Oxfordshire until a November 2018 byelection, just six months before he was elected to Eastleigh borough council. And this year he was re-elected in Oxfordshire.
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