HC Deb 10 April 2002 vol 383 c73W
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.

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