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Change 1
As published
29 Qualifications for nomination, election and holding office as member of local authority.
(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of 18 years, is a qualifying Commonwealth citizen or a citizen of the Irish Republic or a qualifying foreign national ... and not subject to any legal incapacity and—
(a) is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or
(b) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or
(c) his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or
(d) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In subsection (1) above,
...
“owner” includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners.
(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).
(5) For the purposes of this section, a “qualifying foreign national” means a person of any nationality who—
(a) is not a Commonwealth citizen or a citizen of the Republic of Ireland ..., and
(b) meets one of the conditions mentioned in subsection (6).
(6) The conditions are that the person—
(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or
(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
29 Qualifications for nomination, election and holding office as member of local authority.
(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of 18 years, is a qualifying Commonwealth citizen or a citizen of the Irish Republic or a qualifying foreign national ... and not subject to any legal incapacity and—
(a) is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or
(b) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or
(c) his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or
(d) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In subsection (1) above,
...
“owner” includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners.
(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).
(5) For the purposes of this section, a “qualifying foreign national” means a person of any nationality who—
(a) is not a Commonwealth citizen or a citizen of the Republic of Ireland ..., and
(b) meets one of the conditions mentioned in subsection (6).
(6) The conditions are that the person—
(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or
(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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