Guidance for Candidates and Agents at Combined Authority Mayoral elections
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.
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 Combined Authority Returning Officer will not be able to confirm whether or not you are disqualified.
You cannot stand for election if on the day of your nomination and on polling day:
- You are employed by the combined authority or a constituent council or hold a paid office under the combined authority or a constituent council.1 Note that you may be ‘employed by or on behalf of the combined authority or a constituent council’ if, for example, you work at certain schools, fire services or health services. This list is not exhaustive. More information is set out in our guidance Working for the combined authority or constituent council. A constituent council means a county council that is wholly or partly within the combined authority area, or a district council that is within the combined authority area.
- You hold a politically restricted post.2 More information is set out in our guidance Politically restricted posts.
- 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.
- 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 and offences relating to donations). The disqualification for an illegal practice begins from the date a 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 years,6 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 paragraph 9A in Schedule 5B of the Local Democracy, Economic Development and Construction Act 2009 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
- 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. 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 be disqualified from being or becoming a member of certain authorities10
following a conviction under the Localism Act 2011.11
- 1. Paragraph 9(1)(a) Schedule 5B Local Democracy, Economic Development and Construction Act 2009 ↩ Back to content at footnote 1
- 2. Section 2, Local Government and Housing Act 1989 ↩ Back to content at footnote 2
- 3. Para 9(1)(b)(ii) Sch 5B Local Democracy, Economic Development and Construction Act 2009 ↩ Back to content at footnote 3
- 4. Para 9(1)(c) Sch 5B Local Democracy, Economic Development and Construction Act 2009 ↩ Back to content at footnote 4
- 5. Para 9(2) Sch 5B Local Democracy, Economic Development and Construction Act 2009 ↩ Back to content at footnote 5
- 6. Para 9(1)(d) Sch 5B Local Democracy, Economic Development and Construction Act 2009 ↩ Back to content at footnote 6
- 7. S.173(3) Representation of the People Act 1983 (RPA 1983) ↩ Back to content at footnote 7
- 8. Para 9A(4) and (5) Sch 5B Local Democracy, Economic Development and Construction Act 2009 ↩ Back to content at footnote 8
- 9. Para 9A(5)(b) Sch 5B Local Democracy, Economic Development and Construction Act 2009 ↩ Back to content at footnote 9
- 10. Section 27(6), Localism Act 2011 ↩ Back to content at footnote 10
- 11. S.34 Localism Act 2011 ↩ Back to content at footnote 11