Local Government Act 1972 s79 para (1) (a) - (e). (Worth having a careful read before venturing an answer.)
https://www.legislation.gov.uk/ukpga/1972/70/section/79
The first 4 (a) - (d) are the commonly used qualifying criteria for the majority of public office holders in local government.
As I have found in the responses to the same question posed to 8 separate Electoral registration officers from 8 different councils the commonest response is that any of the options (a) to (d) are sufficient to provide eligibility.
Only on being pressed do they even acknowledge the existence of para (e) which applies specifically to parish and community councils. Odd that not a single 1 has made reference to (e) unless pressed when posed with the question:
“…Could you tell me please if a candidate for election or cooption to a parish council must have been a resident in the parish for 12 months prior to being eligible to take office as a parish councillor
If not a resident for the preceding 12 months, but coopted by a parish council, would this be unlawful?
If ineligible for cooption - but coopted by a parish council, what action / interest would the electoral services office have in such a situation..?”
The common perception from the EROs contacted and responded so far seems to be that satisfying ‘either / or’ any of (a) - (d) is sufficient to qualify eligible for election / co-option to a PC. But, as I said, not a single one mentioned (e.)
I can see that (a) - (d) is clearly an ‘any of the above’ situation but (e) since in starts with the words “…in the case of a member of a parish or community council…“ this appears (to me) to specifically require (in the case of a parish or community council) that the candidate “…has during the whole of those twelve months resided either in the parish or community or within three miles of it…”
Since (e) is so readily ignored - even though it is specific to parish and community councils it cannot be correct to assume that a candidate for parish or community council can become eligible under (a) - (d) UNLESS they are also eligible by (e.)
The question being, it is readily assumed that ANY of (a) - (d) may provide eligibility in the general aspiration to local government appointments (Borough, County, Unitary, Parliamentary) but specifically in relation to parish and community councils (e) MUST be satisfied.
How do you interpret this?
