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Section 49

Schedule 6 Office-holders: excluded offices

40Work to which other provisions apply

1 (1) An office or post is not a personal or public office in so far as one or more of
the provisions mentioned in sub-paragraph (2)—

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(a) applies in relation to the office or post, or

(b) would apply in relation to the office or post but for the operation of
some other provision of this Act.

(2) Those provisions are—

(a) 5section 36 (employment);

(b) section 38 (contract work);

(c) section 41 (partnerships).

(d) section 42 (LLPs);

(e) section 44 (barristers);

(f) 10section 45 (advocates);

(g) section 52 (employment services) so far as applying to the provision
of work experience within section 53(2)(a) or arrangements within
section 53(2)(c) for such provision.

Political offices

2 (1) 15An office or post is not a personal or public office if it is a political office.

(2) A political office is an office or post set out in the second column of the
following Table—

Political setting Office or post
Houses of Parliament An office of the House of Commons held
20by a member of that House
An office of the House of Lords held by a
member of that House
A Ministerial office within the meaning
of section 2 of the House of Commons
25Disqualification Act 1975
The office of the Leader of the Opposition
within the meaning of the Ministerial and
other Salaries Act 1975
The office of the Chief Opposition Whip,
30or of an Assistant Opposition Whip,
within the meaning of that Act
Scottish Parliament An office of the Scottish Parliament held
by a member of the Parliament
The office of a member of the Scottish
35Executive
The office of a junior Scottish Minister
National Assembly for
Wales
An office of the National Assembly for
Wales held by a member of the Assembly
The office of a member of the Welsh
40Assembly Government

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Political setting Office or post
Local government in
England (outside
London)
An office of a county council, district
council or parish council in England held
by a member of the council
5An office of the Council of the Isles of
Scilly held by a member of the Council
Local government in
London
An office of the Greater London
Authority held by the Mayor of London
or a member of the London Assembly
10An office of a London borough council
held by a member of the council
An office of the Common Council of the
City of London held by a member of the
Council
Local government in
Wales
15An office of a county council, county
borough council or community council in
Wales held by a member of the council
Local government in
Scotland
An office of a council constituted under
section 2 of the Local Government etc.
20(Scotland) Act 1994 held by a member of
the council
An office of a council established under
section 51 of the Local Government
(Scotland) Act 1973 held by a member of
25the council
Political parties An office of a registered political party

(3) The reference to a registered political party is a reference to a party
registered in the Great Britain register under Part 2 of the Political Parties,
Elections and Referendums Act 2000.

Honours etc.

3 30A life peerage (within the meaning of the Life Peerages Act 1958), or any
other dignity or honour conferred by the Crown, is not a personal or public
office.

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