Can a teacher be a Town Councillor?

Question

That may seem a strange question a first, but if I'm correct the only things that make you exempt from being a councillor are 1) being subject to a bankruptcy with restrictions 2) Having received a prison sentence of 3 months or more 3) Being in paid employment with the Borough Council.

We have had a lady apply for a vacancy, she is a teacher. During an informal chat she said she is paid by the County Council, which put us in a bit of a quandary. I would imagine that this is normal practice as schools would not all be able to run their own payroll. I can't see any reason why this should stop her being a Town Councillor, she is not privy to anything the County Council does, neither are we privy to her personal records from the C. Council or school. So there's no conflict of interest.
Has anyone any knowledge of this subject?       (PS I'm in Wales, our legislation does occasionally slightly differ from England's)

Answer 1

It is fine. The restriction would be on her being a county councillor, as she would in effect be her own employer.

Though, in her contract it may state she may not take on another role without the consent of the headteacher.

Comments

I think that is an extreme interpretation of the rules. Its more around direct Council officers rather than the levels below ie teachers , fireman , Refuse collectors etc !

We have Town / City Councillors as parish Councillors. There is no restriction on a teachers . We had a Police officer and a fireman as Parish Councillors.
You cannot be a candidate if at the time of your nomination and on polling day:

a)You are employed by the parish/community council or hold a paid office under the parish/community council (including joint boards or committees).
b)You are the subject of a bankruptcy restrictions order or interim order.
c)You have been sentenced to a term of imprisonment of three months or more (including a suspended sentence), without the option of a fine, during the five years before polling day.
d)You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations). The disqualification for an illegal practice begins from the date the person has been reported guilty by an election court or convicted and lasts for three years. The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years’

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The rather convoluted legislation is contained in Sections 80 and 81 of the Local Government Act 1972, however the answer provided by somebodyelse is correct. A teacher in a county maintained school may serve as a parish/town/district councillor, but not a county councillor.

Answer 2

Thank you everyone. we were probably being a little over cautious as it had never happened before. I did think it unlikely the candidate was exempt but better safe than sorry.

We can now accept a very suitable candidate, so a good result.