Guidance for Candidates and Agents at local government elections in England

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. This new legislation will be in force for polls held on or after 2 May 2024.

For polls before and after 2 May 2024

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 local authority in England. You cannot be a candidate if at the time of your nomination and on polling day: 

• You are employed by the local authority or hold a paid office under the authority (including joint boards or committees).1 Note that you may be ‘employed by the local authority’ if, for example, you work at certain schools, fire services, police or health services. This list is not exhaustive and more information is set out in our guidance: Working for the local authority.
• 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 orders. 
• You are the mayor for a combined authority area that the local authority is a part of.4 The only exception to this is where the combined authority mayoral election and the election of councillors falls on the same day.5 In that case, you may stand at both contests. However, if you are elected at both, a vacancy in the office of councillor will automatically arise.6
• 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 day.7 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.8
• You have been disqualified under the Representation of the People Act 1983 
  • 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.9
• 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.10 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.11
• (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.12 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 authorities13 following a conviction under the Localism Act 2011.14