Written question asked by Louise Ellman (Labour) on Tuesday, 26 March 2002, in the House of Commons. It was due for an answer on Wednesday, 10 April 2002. It was answered by Lord Whitehead (Labour) on Wednesday, 10 April 2002 on behalf of the Department for Transport, Local Government and the Regions.

Dept for Transport Local Government and the Regions

Question: To ask the Secretary of State for Transport, Local Government and the Regions, what statutory provisions govern restrictions in the employment of local authority councillors in a maintained school in the same local education authority area.

Answer: Mrs. Ellman: To ask the Secretary of State for Transport, Local Government and the Regions what statutory provisions govern restrictions in the employment of local authority councillors in a maintained school in the same local education authority area. [47574] Dr. Whitehead: Section 80 (1) of the Local Government Act 1972 prohibits anyone, apart from a local authority's chair, vice chair, deputy chair, or members of its executive, from being a member of a local authority and holding paid employment to which they are appointed by that local authority, or a committee of that authority. Regulation 9 of the Education (Transition to New Framework) (Miscellaneous Provisions) Regulations 1999 provides that the disqualification applies equally to teachers in schools maintained by a local authority who do or do not hold employment contracts with the local authority. Section 81(3) of the 1972 Act applies an exception enabling teachers employed by institutions maintained or assisted by county council to be members of a district council even where that district council nominates members of the county council's education authority.

Secondary information

Type: Written question
Reference: 47574; 383 c73W
Session: 2001-02
Subjects: Councillors Employment Disqualification Local government Schools Teachers Statutory instruments
Link: View this Written question on www.publications.parliament.uk