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(@jimmcd)
New Member
Joined: 13 years ago
Posts: 4
Topic starter  

Hi, Can someone stand for local government elections (local councils) if they have an active Scottish Trust Deed (or Protected Trust Deed), i.e. it hasn't run the full 3 yrs. Thanks



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Welcome to the forum JimMcD.

My understanding is that a protected trust deed isn't a bar to holding public office.

Hopefully someone can confirm this position for you soon.


Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@jimmcd)
New Member
Joined: 13 years ago
Posts: 4
Topic starter  

Thanks for info, does it need to be declared to council authorities before looking to stand for election. Do your comments assume that the 3yrs is not up yet? or that the 3yrs is over and debt free? Thanks



   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi JimMcD

There's nothing I am aware of which would stop you standing while in a Trust Deed. There are restrictions in Sequestration form holding certain positions.

There may well be something within the Council Authorities rules and regs, so probably best to check there.

Mark


Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@jimmcd)
New Member
Joined: 13 years ago
Posts: 4
Topic starter  

Thanks Mark and (don't know your name). I found this extract. See part (b). Is this still applicable and does this apply in Scotland? Thanks.

"Extracts from the LOCAL GOVERNMENT ACT 1972 - Part V (as amended)
Disqualifications for election and holding office as a member of a local authority
Section 80 - (1) Subject to the provisions of Section 81 below, a person shall be disqualified
for being elected or being a member of a local authority if he -
(a) holds any paid office or employment (other than the office of chairman, vice-chairman or
deputy chairman) appointments to which are or may be made or confirmed by the local
authority or any committee or sub-committee of the authority or by a joint committee on which
the authority are represented or by any person holding any such office or employment; or
(aa) holds any employment in a company which, in accordance with Part V of the Local
government and housing act 1989 other than Section 73, is under the control of the local
authority; or
(b) is a person who has been adjudged bankrupt, or made a composition or arrangement with
his creditors; or
(d) has within five years before the day of election or since his election been convicted in the
United Kingdom, the Channel islands or the isle of Man of any offence and has had passed on
him a sentence of imprisonment (whether suspended or not) for a period of not less than three
months without the option of a fine; or
(e) is disqualified for being elected or for being a member of that authority under Part III of the
Representation of the People Act 1983 or under Part III of the Local Government Finance Act 1982."



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi JimMcD.

With that in mind you may wish to seek clarification from the appropriate electoral body.

Electoral rules and law are outside of the knowledge of the team that answer questions here.


Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@jimmcd)
New Member
Joined: 13 years ago
Posts: 4
Topic starter  

Thanks for info, much appreciated.



   
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