OFFICE-HOLDERS: EXCLUDED OFFICES

Work to which other provisions apply

1(1)An office or post is not a personal or public office in so far as one or more of the provisions mentioned in sub-paragraph (2)—

(a)applies in relation to the office or post, or

(b)would apply in relation to the office or post but for the operation of some other provision of this Act.

(2)Those provisions are—

(a)section 39 (employment);

(b)section 41 (contract work);

(c)section 44 (partnerships).

(d)section 45 (LLPs);

(e)section 47 (barristers);

(f)section 48 (advocates);

(g)section 55 (employment services) so far as applying to the provision of work experience within section 56(2)(a) or arrangements within section 56(2)(c) for such provision.

Political offices

2(1)An office or post is not a personal or public office if it is a political office.

(2)A political office is an office or post set out in the second column of the following Table—

Political setting Office or post
Houses of Parliament An office of the House of Commons held by a member of that House
An office of the House of Lords held by a member of that House
A Ministerial office within the meaning of section 2 of the House of Commons Disqualification Act 1975
The office of the Leader of the Opposition within the meaning of the Ministerial and other Salaries Act 1975
The office of the Chief Opposition Whip, or of an Assistant Opposition Whip, within the meaning of that Act
Scottish Parliament An office of the Scottish Parliament held by a member of the Parliament
The office of a member of the Scottish Executive
The office of a junior Scottish Minister
National Assembly for Wales An office of the National Assembly for Wales held by a member of the Assembly
The office of a member of the Welsh Assembly Government
Local government in England (outside London) An office of a county council, district council or parish council in England held by a member of the council
An office of the Council of the Isles of Scilly held by a member of the Council
Local government in London An office of the Greater London Authority held by the Mayor of London or a member of the London Assembly
An office of a London borough council held by a member of the council
An office of the Common Council of the City of London held by a member of the Council
Local government in Wales An office of a county council, county borough council or community council in Wales held by a member of the council
Local government in Scotland An office of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 held by a member of the council
An office of a council established under section 51 of the Local Government (Scotland) Act 1973 held by a member of the council
Political parties An office of a registered political party

(3)The reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000.

Honours etc.

3A life peerage (within the meaning of the Life Peerages Act 1958), or any other dignity or honour conferred by the Crown, is not a personal or public office.

[F1Bishops

Textual Amendments

F1Sch. 6 para. 4 and cross-heading inserted (17.11.2014) by Bishops and Priests (Consecration and Ordination of Women) Measure 2014 (No. 2), ss. 2, 4(2); 2014 No. 5, art. 2

4The office of diocesan or suffragan bishop is not a public office.]

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