Question

If an elected parish Councillor moves more than 3 milles from the parish they represent, can they continue in post? [closed]

Answer 1

In these circumstances the councillor may continue in office until the next ordinary election.

Comments

...as long as they ticked one or more of the qualifying criteria other than being an elector on their nomination form. If they were elected solely on the basis of being on the electoral register for the parish, they cease to be a councillor when they cease to reside in the parish.

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Is there a validation for this?

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LGA S79(a) Qualifications...
"on that day he is and thereafter he continues to be a local government elector for the area of the authority"
Explained more fully in the Electoral Commission candidate guide:
"a. Being a registered local government elector
1.11 To be able to use this qualification, your name must appear on the register of local government electors for the parish at the time of your nomination and throughout your term of office should you be elected. Unlike the other qualifications that must only be satisfied on the day of your nomination and on polling day, this is an on-going qualification. We therefore recommend that if you meet any of the other qualifications as well, you also indicate this on your consent to nomination, which is one of the required nomination papers."

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That's really interesting!  I wonder if anyone has ever been disqualified off the back of this?

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Giving this some more thought....
So, if the candidate only ticked "on the electoral role" but no other qualifier, then they move outside of the town or parish electoral role area they cease to be a Cllr - BUT, say they only moved 1km outside the boundary, it appears they would have to cease to be a Cllr, whereas someone that STARTED OFF outside the boundary and used the "within 3kms" qualifier would still be a Cllr?  Or am I reading that wrong?

Just on another point, the 3km eligibility, I can't remember if this question has been asked / answered (or remains unknown) is the 3kms "as the crow flies (from place of residence to nearest point on the parish boundary) or is it by road route??  I've a feeling it is as the crow flies but can't remember.

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At its most extreme level, you could move to the opposite side of the road and be disqualified. That disqualification would create a vacancy and being within 3 miles would entitle the disqualified person to be re-elected or co-opted. It's generally accepted to be within 3 miles (not km) as the crow flies, but not specified in legislation.

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A simple thumbs up emoji was insufficient characters so I'll have to write it

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Why use one word when a hundred will suffice? That sounds like a mission statement for local government!