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Politically Restricted Posts
Under the provisions of the Local Government and Housing Act 1989 certain officers of local authorities are subject to restrictions on the political activities they are able to undertake. The restrictions cover membership of local authorities, Parliament and the European Parliament as well as involvement in political activities such as canvassing.
The posts affected by the restrictions are as follows:
A. Chief Executive
B. Chief Officers
C. Deputy Chief Officers, viz: staff who report directly to a Chief Officer
D. Staff in receipt of an annual salary equivalent to spinal column point 44 on the Local Government Services pay scale.
E. Staff who regularly advise the authority or its committees or sub-committees
F. Staff who regularly speak on behalf of the authority to journalists or broadcasters
G. Assistants to Political Groups
When an appointment is made to such a post, the person appointed must be informed in writing of the political restrictions which apply to the appointment.
If a post belongs to categories A, B, C or G the restrictions apply automatically and there is no right of appeal.
If a post falls into category D the restrictions apply automatically, however, you may apply to an independent person (see below) for exemption on the grounds that the post does not meet the criteria for political sensitivity referred to in paragraphs E or F above. Before applying for exemption you must first apply to the Council for a certificate of whether the Council considers your post meets those criteria. The certificate must then be sent with the application to the independent person.
If the Council considers that a post falls into category E or F you may apply to the independent person for an exemption. However, you do not need a certificate from the Council in this instance.
The Independent Person
The Government has appointed an adjudicator to deal with applications for exemption. The details are as follows:
THE INDEPENDENT ADJUDICATOR
c/o Jean Sheward
Local Government Sponsorship Division
Office of the Deputy Prime Minister
Zone 5/A1
Eland House
Bressenden Place
LONDON SW1 5DU
Tel: 020 7944 4262
Fax: 020 7944 4109
Email: jeansheward@odpm.gov.uk