sec.26Discretion where additional or elected member convicted of indictable offence

sec.26 Discretion where additional or elected member convicted of indictable offence

If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may— if the person was an additional or elected member when convicted—give notice to the person that the person is restored as an additional or elected member, and may be subsequently reappointed or re-elected, despite the conviction; or otherwise—give written approval for the person to become an additional or elected member despite the conviction. On the day the person receives the notice under subsection (1) (a) — the person is restored as an additional or elected member; and if another person has been appointed or elected to fill the vacancy—the other person’s membership of the council ends. If a person is restored as an additional or elected member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence. s 26 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2 (sec.26-ssec.1) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may— if the person was an additional or elected member when convicted—give notice to the person that the person is restored as an additional or elected member, and may be subsequently reappointed or re-elected, despite the conviction; or otherwise—give written approval for the person to become an additional or elected member despite the conviction. (sec.26-ssec.2) On the day the person receives the notice under subsection (1) (a) — the person is restored as an additional or elected member; and if another person has been appointed or elected to fill the vacancy—the other person’s membership of the council ends. (sec.26-ssec.3) If a person is restored as an additional or elected member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.

• (a) if the person was an additional or elected member when convicted—give notice to the person that the person is restored as an additional or elected member, and may be subsequently reappointed or re-elected, despite the conviction; or
• (b) otherwise—give written approval for the person to become an additional or elected member despite the conviction.
• (a) the person is restored as an additional or elected member; and
• (b) if another person has been appointed or elected to fill the vacancy—the other person’s membership of the council ends.