The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001

Vacation of office by failure to attend meetings

7.  In section 85 of the 1972 Act(1) (vacation of office by failure to attend meetings)—

(a) after subsection (2), there shall be inserted—

“(2A) Subject to subsections (2B) and (3), if a member of a local authority which are operating executive arrangements, who is also a member of the executive of that local authority, fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the executive, he shall, unless the failure was due to some reason approved by the local authority before the expiry of that period, cease to be a member of the local authority.

(2B) For the purposes of this section—

(a) the discharge by a member, acting alone, of any function which is the responsibility of the executive; and

(b) in respect of a mayor and cabinet executive or leader and cabinet executive, attendance as a member at a meeting of a committee of the executive,

shall each be deemed to be attendance at a meeting of the executive.”;

(b) in subsection (3), after “meetings of the local authority”, there shall be inserted “or of a failure to attend meetings of the executive”; and

(c) in subsection (3A)—

(i) after “subsection (1)”, there shall be inserted “or (2A)”; and

(ii) after “meetings of the authority”, there shall be inserted “or, as the case may be, meetings of the executive”.

(1)

Subsection (3A) of section 85 was inserted by paragraph 9 of Schedule 5 to the Local Government Act 2000. There are other amendments to section 85 which are not relevant to this Order.