Incapacity
28J Incapacity
A prescribed person may apply to a magistrate for an order that a councillor is unable to perform or exercise adequately or competently the functions or powers of a councillor due to the physical or mental incapacity of the councillor.
The magistrate may – grant the order; or refuse to grant the order.
If the magistrate grants the order – the councillor is removed from office with effect from the date of the order; and the office of the councillor is vacant as at that date.
This provision refers to the regulations (prescribed person
). Made under this Act:
- Local Government (Amendment of By-laws) Order 2008 · Regulation · under section 154(1)(b)
- Local Government (Amendment of By-laws) Order 2009 · Regulation · under section 154(1)(b)
- Local Government (Appointment and Performance of General Managers) Order 2024 · Regulation
46 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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