You are disqualified from standing as a candidate at the mayoral election if you are a paid officer or employee of the local authority in which the election is taking place.1
This would be the case where your appointment:
has been made
could be made
has been confirmed by the local authority itself
has been confirmed by any committee or sub-committee of the local authority
has been confirmed by any joint committee or National Park authority where the local authority is represented by a person holding such an office or employment
However, the disqualification on the basis of being a paid officer or employee does not apply to the office of chairman, vice-chairman or deputy chairman of the local authority. Some authorities will have executive arrangements which involve a leader and cabinet executive. In those cases, the disqualification will not apply to the office of leader or member of the executive.
Local authorities typically have committees and sub-committees. Paid officers of a local authority employed under the direction of such committees or sub-committees are disqualified from standing at any mayoral election taking place in that authority. In addition, where such a committee or sub-committee has a member, or members, appointed on the nomination of another local authority, the disqualification will also apply to standing in any mayoral election in that other local authority.
If you are a paid officer of a local authority employed under the direction of a joint board, joint or combined authority, joint waste authority, economic prosperity board or joint committee, you will be disqualified from being elected as mayor in all of the authorities that are represented on that body.
Joint boards, committees etc. can include various organisations, such as fire services and education authorities. Therefore, as a general rule, if you work in the local public sector, you should seek advice from your employer’s HR department to help you establish whether the disqualification would apply to you. Sometimes employment relationships can be complex and if this is the case for you, we recommend that you seek your own legal advice.
If you are a teacher (or are a non-teaching member of staff) at a school or other educational institution maintained or assisted by a county council, you may be able to stand at mayoral elections provided you meet the qualifications and are not otherwise disqualified.
The disqualification of working for the local authority applies on both the date of your nomination and on the day of election. If you were employed by the local authority, you must have resigned and served any notice period before the date of your nomination to avoid having a contract of employment with the local authority at that time.