Local Government Act, 1941

Qualifications for offices.

21.—(1) The appropriate Minister may declare a qualification of any of the following classes or descriptions to be a qualification for a specified office in relation to which he is the appropriate Minister or for such of the offices in relation to which he is the appropriate Minister as belong to a specified class, description or grade, that is to say:—

(a) qualifications relating to character,

(b) qualifications relating to age, health, or physical characteristics,

(c) qualifications relating to education, training, or experience,

(d) qualifications relating to residence,

(e) qualifications relating to sex,

(f) the qualification that any woman holding the office in question be either unmarried or a widow.

(2) The appropriate Minister shall not declare under this section that any qualification relating to sex is a qualification for any office unless he is of opinion that the duties of such office so require.

(3) Before declaring under this section that any qualification is a qualification for any office to which the Act of 1926 applies, the appropriate Minister shall consult with the Local Appointments Commissioners.

(4) Sub-sections (1) and (2) of section 7 of the Act of 1926 shall cease to have effect in relation to every office under a local authority, and every reference in that Act to the qualifications prescribed under that Act shall be construed in relation to every office under a local authority as a reference to the qualifications (if any) for the time being declared under this section to be the qualifications for such office.

(5) For the purposes of the Act of 1926, none of the following qualifications shall be deemed to be professional or technical, that is to say:—

(a) certification as a midwife,

(b) registration as a nurse,

(c) any qualification relating to training or experience as a nurse or midwife,

(d) any qualification relating to the knowledge required by a nurse or midwife.

(6) Subject to the provisions of the next following sub-section of this section, no person shall be appointed to any office for which any qualifications are for the time being declared under this section to be the qualifications unless he possesses those qualifications.

(7) Whenever it is necessary to fill immediately any office for which any qualifications are for the time being declared under this section to be the qualifications and no suitable person possessing such qualifications is available for appointment, the appropriate Minister may, on the application of the local authority concerned, authorise an appointment, limited as to its duration to a specified period, to be made to such office without reference to such qualifications and thereupon such appointment may be so made,

(8) A person appointed to any office in pursuance of an authorisation under the immediately preceding sub-section of this section shall (unless for any reason he has previously ceased to hold office) cease to hold office on the occurrence of whichever of the following events first occurs, that is to say:—

(a) the expiration of the period specified in that behalf in such authorisation,

(b) the appointment to such office of a person possessing the qualifications for the time being declared under this section to be the qualifications for such office.

(9) For the purposes of this section, the fact that a person has been recommended by the Local Appointments Commissioners for appointment to any office shall be conclusive evidence that he possessed at the time of such recommendation the qualifications (if any) for the time being declared under this section to be the qualifications for such office.

(10) The Local Appointments Commissioners shall, before recommending a person to a local authority for appointment to any office, satisfy themselves that such person possesses the requisite knowledge and ability for the proper discharge of the duties of such office.