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SCHEDULES

SCHEDULE 12E+W Meetings and Proceedings of Local Authorities

Modifications etc. (not altering text)

C4Sch. 12 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 160(2)

Sch. 12: power conferred to make provisions about matters of the kind dealt with in this Schedule (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(ii); S.I. 1997/1930, art. 2(1)(2)(m)

Part IVE+W Community Councils

23(1)A community council shall in every year hold an annual meeting.E+W

(2)In a year which is a year of ordinary elections of community councillors, the annual meeting of a community council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the community council may determine.

(3)The annual meeting of a community council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.

Modifications etc. (not altering text)

C6Sch. 12 para. 23(2) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 4

24(1)A community council may in every year hold, in addition to the annual meeting, such other meetings as the council may determine to hold for the transaction of their business.E+W

(2)Any of those other meetings shall be held at such hour and on such day as the council may determine.

25(1)An extraordinary meeting of a community council may be called at any time by the chairman of the council.E+W

(2)If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.

26(1)Meetings of the community council shall be held at such place, either within or without their area, as they may direct, but shall not be held in [F1premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] unless no other suitable room is available either free of charge or at a reasonable cost.E+W

(2)Three clear days at least before a meeting of a community council—

(a)notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the community and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

(b)a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.

(3)Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the community council concerned shall not affect the validity of the meeting.

Textual Amendments

F1Words in Sch. 12 para. 26(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201(2), Sch. 6 para. 61(2)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

[F226A(1)This paragraph applies where a community council has been given a notice under sub-paragraph (4) or (5)(b) of paragraph 38B below.E+W

(2)The community council must ensure that the question of what action (if any) the council should take in response to the community poll, or the part of the community poll, to which the notice relates is included within the business to be transacted at a meeting of the community council held within the relevant period.

(3)If it is necessary for the chairman of the community council to exercise his power under paragraph 25(1) above to call an extraordinary meeting of a community council in order for the community council to comply with sub-paragraph (2) above, the chairman must so exercise that power.

(4)In sub-paragraph (2) “relevant period” means the period of six weeks beginning with the day following that on which the notice referred to in sub-paragraph (1) was given.]

Textual Amendments

27(1)At a meeting of a community council the chairman of the council, if present, shall preside.E+W

(2)If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.

(3)If both the chairman and the vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.

28E+WSubject to paragraph 45 below, no business shall be transacted at a meeting of a community council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.

29(1)Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a community council shall be by a show of hands.E+W

(2)On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.

[F329A(1)This paragraph applies where—E+W

(a)a meeting of a community council has considered the question of what action (if any) the council is to take in response to a poll consequent on a community meeting,

(b)that question was included within the business to be transacted at the meeting in order to comply with paragraph 26A(2) above, and

(c)the poll was taken following a demand being made at a community meeting which was convened under paragraph 30A below.

(2)The council must take all reasonable steps to give notice to each of the individuals who convened the community meeting referred to in sub-paragraph (1) above of what action (if any) the council intends to take in response to the poll, or that part of the poll which was considered at the meeting.

(3)Notice under sub-paragraph (2) above must be given—

(a)subject to sub-paragraph (4) below, in writing by sending it to the address given in respect of an individual in the relevant convening notice, and

(b)as soon as is reasonably practicable after the meeting of the community council was held.

(4)Where an individual falling within sub-paragraph (2) above is an anonymous registrant in the register of local government electors, sub-paragraph (3)(a) above does not apply and the notice must instead be given in writing to the principal council within whose area the community in question lies.

(5)The notice under sub-paragraph (4) above must include the entry in respect of the individual which was included in the relevant convening notice.

(6)Where a principal council is given notice under sub-paragraph (4)—

(a)the council must, as soon as reasonably practicable, send the notice to the individual concerned, and

(b)for that purpose and for the purposes of paragraph 30D below, section 9B(8) of the Representation of the People Act 1983 (communications with anonymous registrants) shall have effect as if the council were an officer referred to in that section.

(7)The relevant registration officer must supply the principal council with any information that it is necessary for the council to have in order to comply with the duty under sub-paragraph (6) above.

(8)In this paragraph—

Textual Amendments