Guidance for Candidates at Parish council elections in England
Disqualifications
Apart from meeting the qualifications for standing for election, you must also not be disqualified.
The full range of disqualifications is complex and if you are in any doubt about whether you are disqualified, you must do everything you can to check that you are not disqualified before submitting your nomination papers.
For polls on or after 2 May 2024 the Elections Act 2022 introduced a disqualification conviction of an intimidatory criminal offence motivated by hostility towards a candidate, future candidate or campaigner or holder of a relevant elective office.1
You must be sure that you are not disqualified as you will be asked to sign one of the required nomination papers to confirm that you are not disqualified.
It is a criminal offence to make a false statement on your nomination papers as to your qualification for being elected, so if you are in any doubt you should contact your employer, consult the legislation or, if necessary, take your own independent legal advice.
The Returning Officer will not be able to confirm whether or not you are disqualified.
There are certain people who are disqualified from being elected to a parish council. You cannot be a candidate if at the time of your nomination and on polling day:
- You are employed by the parish council or hold a paid office under the parish council (including joint boards or committees).2 More information is set out in our guidance Working for a parish council
- You are the subject of a bankruptcy restrictions order or interim order.3 More information is set out in our guidance Bankruptcy restrictions or interim order section.
- 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 day4 and the ordinary period allowed for making an appeal or applications in respect of the conviction has passed. A person who is in the process of making an appeal or application in relation to the conviction is not disqualified at any time before the end of the day on which the appeal or application is disposed of, abandoned or fails by reason of non-prosecution.5
- You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices). 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 years6 unless at any time within that period a court determines that the conviction should not be upheld, in which case the disqualification ends at that time.7
- You are subject to the notification requirement of or under Part 2 of the Sexual Offences Act 2003, and the ordinary period allowed for making an appeal or application in respect of the order or notification has passed.8 A disqualification set under s.81A of the Local Government Act 1972 will only apply to a person who is subject to any relevant notification requirements or relevant order made on or after 28 June 2022. A person who is in the process of making an appeal or application in relation to the disqualification is not disqualified at any time before the end of the day on which the appeal or application is disposed of, abandoned or fails by reason of non-prosecution.9
- For polls on or after 2 May 2024 you have been convicted of an intimidatory criminal offence motivated by hostility towards a candidate, future candidate or campaigner or holder of a relevant elective office.10 The effect of a disqualification order is that the person will be disqualified from standing for, being elected to, and holding any relevant elective office for five years.
A person may also be disqualified from being or becoming a member of certain authorities11
following a conviction under the Localism Act 2011.12
- 1. Section 30, Elections Act 2022 (EAA 2022) ↩ Back to content at footnote 1
- 2. Section 80(1)(a) Local Government Act 1972 (LGA 1972) ↩ Back to content at footnote 2
- 3. Section 80(1)(b) LGA 1972 ↩ Back to content at footnote 3
- 4. Section 80(1)(d) LGA 1972 ↩ Back to content at footnote 4
- 5. Section 80(5) LGA 1972 ↩ Back to content at footnote 5
- 6. Section 80(1)(e) LGA 1972 ↩ Back to content at footnote 6
- 7. Section 173(3) Representation of the People Act 1983 (RPA 1983) ↩ Back to content at footnote 7
- 8. Section 81A(4) and (5) LGA 1972 ↩ Back to content at footnote 8
- 9. Section 81A(4)(b) LGA 1972 ↩ Back to content at footnote 9
- 10. Section 30, EAA 2022 ↩ Back to content at footnote 10
- 11. Section 27(6) Localism Act 2011 (LA 2011) ↩ Back to content at footnote 11
- 12. Section 34(4) LA 2011 ↩ Back to content at footnote 12