S.I. No. 216/2004 - Local Government Act 2001 (Section 161) Order 2004

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by section 161 (1)(b) of the Local Government Act 2001 , hereby orders as follows:

1.  This Order may be cited as the Local Government Act 2001 (Section 161) Order 2004.

2.  The following classes, descriptions or grades of employments are hereby designated as classes, descriptions or grades of employments for the purpose of section 161 (1) of the Local Government Act 2001 :

(a)  every class, description or grade of employment the maximum remuneration for which on the last date for receipt of nominations at a local election does not exceed the maximum remuneration for the grade of Clerical Officer;

(b)  every other class, description or grade of employment which would have been, on 31 December 2001, a class, description or grade of employment as a servant, subject to the condition that such designation shall cease to apply and have effect on the next ordinary day of retirement in the year in which local elections are next held after those to be held in 2004.

3.  The Local Elections (Petitions and Disqualifications) Act 1974 (Section 25) Order 1974 is hereby revoked.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order specifies the classes, descriptions or grades of employments to which section 161 (1) of the Local Government Act 2001 will apply.