106G Sitting members of local authorities

• (1) A sitting member does not have to be treated as having vacated his or her position as a Police employee on the commencement of section 97.

  (2) An elected sitting member does not have to be placed on leave of absence for the purposes of his or her candidature for election as a member of the local authority concerned at a future election if he or she has not, at some earlier future election, failed to be elected as a member of the local authority concerned.

  (3) An elected sitting member does not have to be treated as having vacated his or her position as a Police employee on being declared to be elected a member of the local authority concerned at a future election if he or she has not, at some earlier future election, failed to be elected as a member of the local authority concerned.

  (4) Subsections (1) to (3) override section 97(2) and (3).

  (5) In this section,—

  elected sitting member means a constable, authorised officer, or supervisor who, immediately before the commencement of section 97, was an elected member of a local authority

  future election means a triennial general election held under the Local Electoral Act 2001 after the commencement of section 97

  local authority and member of a local authority have the meanings given by section 5(1) of the Local Electoral Act 2001

  local authority concerned, in relation to a sitting member,—

  • (a) means the local authority of which he or she was a member immediately before the commencement of section 97; and

  • (b) includes a successor to the local authority concerned

  sitting member means a constable, authorised officer, or supervisor who, immediately before the commencement of section 97, was a member of a local authority.