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Tenure of office of elected members

Town Councils Act 1988

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—(1) Subject to this section, a Member of Parliament assumes office as an elected member of a Town Council —(a)for a Town declared after a general election — on the day that the order made under section 3(1) in the circumstances in section 3(3) takes effect;(b)for a Town comprising any constituency in which a by‑election is held — on the day after the day the Member of Parliament is declared returned at the by‑election as the Member of Parliament for that constituency under section 49(7E)(a) or 49A(5) of the Parliamentary Elections Act 1954, whichever happens; or(c)for a Town in any other case — on the day the Town is declared under section 3.(2) An elected member of a Town Council vacates office as an elected member of a Town Council only when he or she ceases to be a Member of Parliament for the constituency comprised within the Town for which the Town Council is established.(3) Subject to subsection (2), an elected member of a Town Council cannot resign his or her office as an elected member, and any purported resignation as an elected member of a Town Council is of no effect.(4) Every elected member of a Town Council who is not a chairperson or vice‑chairperson of the Town Council must, as soon as practicable after assuming office as an elected member, complete a declaration of acceptance of that office in the form prescribed by rules under section 82 and deliver the declaration to the Minister.

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