Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what (a) guidance and (b) advice his Department has given to local authorities on whether employees of (i) district and (ii) county councils can serve as a councillor of a shadow unitary authority for that area.

The position is set out in the relevant standard disqualification provisions that are contained in existing legislation, including the Local Government Act 1972.

The Electoral Commission provides guidance on disqualifications and working for a council, available here.

In summary, an employee will be disqualified from being a member of the new unitary council from the reorganisation date, being the date when the shadow council becomes the new unitary council for that area. As such, the employee would either have to leave office on the reorganisation date, or to continue serving as a member of the new unitary council, they will need to ensure they have resigned and served any notice period before the reorganisation date.