In 2017, the Ministry of Housing, Communities & Local Government, now Department of Levelling up, Housing and Communities, consulted on proposals to update the disqualification criteria for councillors and mayors to bring it into line with modern sentencing practice.
The proposed legislation would ensure individuals whose behaviour has led to a conviction or enforcement action resulting in an individual being subject to the notification requirement in the Sexual Offences Act 2003, a Sexual Risk Order, a civil injunction or a Criminal Behaviour Order.
An individual can become subject to notification requirements by committing certain criminal acts or being issued with certain types of civil orders:
- Being subject to sex offender notification requirements is an automatic consequence of being cautioned or convicted of sexual offences listed in Schedule 3 of the Sexual Offences Act 2003.
- Sexual Harm Prevention Orders are civil orders intended to protect the public from offenders convicted of sexual or violent offences and result in notification requirements.
- Notification Orders are civil orders intended to protect the public in the UK from the risks posed by sex offenders who have been convicted, cautioned, warned or reprimanded for sexual offences committed overseas. Notification Orders result in notification requirements.
Then as now, the LGA welcomed proposals to add notification requirements and orders for sexual offences to the disqualification criteria for local elected members. However, the LGA did not support proposals to add Anti-Social Behaviour and Criminal Behaviour Orders to the disqualification criteria and called for parity of standards across local and national elected representatives (LGA submission to the consultation on disqualification criteria for councillors and mayors, 2017).
In October 2018, the Government published their response to the consultation. It confirmed their intention to legislate to update the disqualification criteria for local authority members and elected mayors to bar individuals subject to notification requirements for sexual offences, a Sexual Risk Order, a civil injunction or a Criminal Behaviour Order from standing for election or holding public office.
The proposed Local Government (Disqualification) Bill would put in place elements from the Government’s consultation relating to sexual offences only, in line with the LGA’s response to the consultation.