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30th December 2024

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Qualification of Borough Councillors

Request ID
22110
Date Received
Date Resolved
Details

See notes

Resolution
See notes
Notes
Date

Under the Freedom of Information Act 2000, I request the following information in relation to all current elected members of Wokingham Borough Council. For each current borough councillor, please provide:

1. The qualifying criterion relied upon under Section 79 of the Local Government Act 1972 to be eligible for election (for example:
o Local government elector for the area;
o Occupies land or premises in the area;
o Principal or only place of work within the area;
o Resident within the area.)
The Council does not hold this information for current borough councillors.
Candidates are required, at the time of nomination, to declare that they satisfy at least one of the statutory qualifications and may declare more than one qualification. The qualification(s) declared are contained within the nomination papers submitted for the relevant election. The nomination process requires candidates to declare that they meet at least one qualification but does not require the Council to maintain an ongoing register showing which qualification each serving councillor relied upon. The Returning Officer determines nomination papers on the basis of the forms as submitted.
In addition, nomination papers are retained only for the statutory retention period and are not retained permanently.

2. Whether the Council holds any record confirming that the qualifying criterion remains valid during the councillor's current term of office.
No. The Council does not hold records which routinely confirm that the qualification declared at nomination continues to apply throughout a councillor's term of office.

3. If the Council has a policy or procedure for monitoring or verifying that councillors continue to satisfy the statutory qualification requirements after election, please provide a copy of that policy or procedure.
The Council is not aware of any policy or procedure for routinely monitoring or verifying that elected members continue to satisfy the qualification requirements under Section 79 of the Local Government Act 1972 after election.

4. If no such policy exists, please confirm that the Council does not routinely monitor whether councillors continue to satisfy the qualification requirements once elected.
The Council does not routinely monitor whether elected members continue to satisfy the qualification requirements under Section 79 of the Local Government Act 1972 once they have been elected.
The Council does, however, require councillors to complete a Declaration of Acceptance of Office and to register disclosable pecuniary interests in accordance with the relevant statutory requirements. These processes do not constitute ongoing monitoring of Section 79 qualifications

5. Please confirm whether the Monitoring Officer has received any complaints or referrals since May 2024 concerning whether any serving borough councillor satisfies the qualification requirements under Section 79 of the Local Government Act 1972. I am not requesting personal details or correspondence—only the number of complaints received and whether they were upheld, dismissed or remain under consideration.
None received

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