C76C77C78C103C102C111C110C109C113C116C126 Part V General Provisions as to Members and Proceedings of Local Authorities

Annotations:
Modifications etc. (not altering text)
C78

Pt. 5 (ss. 79-100) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. 5 (ss. 79-100) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Qualifications and disqualifications

C1C2C79C9479 Qualifications for election and holding office as member of local authority.

1

A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority F1. . . if he is a F2qualifying Commonwealth citizen or a citizen of the Republic of Ireland F3or a relevant citizen of the Union F114or, in the case of a local authority in Wales, a qualifying foreign citizen and on the relevant day he has attained the age of F4eighteen years and—

a

on that day he is and thereafter he continues to be a local government elector for the area of the authority; or

b

he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or

c

his principal or only place of work during that twelve months has been in that area; or

d

he has during the whole of those twelve months resided in that area; or

e

in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

2

In this section “relevant day”, in relation to any candidate, means—

a

except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and

b

in the said excepted case, the day of election.

F52A

In this section the expression “citizen of the Union” shall be construed in accordance with F96Article 20(1) of the Treaty on the Functioning of the European Union, and “relevant citizen of the Union” means such a citizen who is not a F6qualifying Commonwealth citizen or a citizen of the Republic of Ireland.

F73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82B

For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

a

is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

b

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

2C

But a person is not a qualifying Commonwealth citizen by virtue of subsection (2B)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

F1132D

For the purposes of this section, a person is a qualifying foreign citizen if the person—

a

is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and

b

either—

i

is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

ii

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

2E

But a person is not a qualifying foreign citizen by virtue of subsection (2D)(b)(i) if the person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

C3C4C5C79C90C9480 Disqualifications for election and holding office as member of F120a local authority in England.

1

Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority F115in EnglandF9. . . if he—

C6C7a

holds any paid office or employment (other than the office of chairman, vice-chairman F100, deputy chairman, presiding member or deputy presiding memberF100F10or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive) appointments F11or elections to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a F12. . . joint committee F13or National Park authority on which the authority are represented or by any person holding any such office or employment; or

F14b

is the subject of a bankruptcy restrictions order F97or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986;

F15c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C8d

has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

F16e

is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee F17under F18the Audit Commission Act 1998, and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992.

2

Subject to the provisions of section 81 below, a paid officer of a local authority F116in England who is employed under the direction of—

a

a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

C9C10b

a joint board F19, joint authority F20economic prosperity board, combined authority,F105... or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

F212AA

A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—

a

one or more persons appointed on the nomination of the Authority acting by the Mayor, and

b

one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,

shall be disqualified for being elected or being a member of any of those London borough councils.

F1112AB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F222A

Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

2B

For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.

F233

Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.

F244

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C85

For the purposes of subsection (1) F25. . . (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the F25. . . conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the F25. . . conviction, F25. . ..

F266

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80AF119Disqualification for election or being a member of a local authority in Wales

1

A person is disqualified for being elected or being a member of a local authority in Wales if—

a

the person is the subject of—

i

a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016;

ii

a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989;

b

the person is disqualified for being elected or for being a member of the authority under Part 3 of the Representation of the People Act 1983 (corrupt or illegal practices);

c

the person is subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003;

d

the person has a relevant criminal conviction.

2

A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person's election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine.

3

A person is not disqualified under subsection (1)(c) at any time before the end of the ordinary period allowed for making—

a

an appeal or application in respect of the conviction or finding to which the notification requirements relate;

b

an appeal in respect of the order.

4

A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction.

5

A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution.

6

A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales.

80BDisqualification for being a member of a local authority in Wales and holding local office or employment

1

A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member).

2

A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83.

3

Subsections (4), (5) and (6) apply where a person is elected as a member of a local authority in Wales and resigns from the relevant paid office or employment for the purpose of taking office as a member.

4

The resignation terminates the holding of the paid office or employment with immediate effect.

5

Any notice requirement in the terms and conditions under which the paid office or employment is held has no effect.

6

Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week's notice) does not apply.

7

This section does not apply to a person who is disqualified for being elected or being a member of a local authority under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).

80CPaid office or employment to which disqualification applies

1

For the purposes of section 80B “a relevant paid office or employment” is a paid office or employment appointment or election to which is or may be made or confirmed by—

a

the local authority to which the person was elected a member;

b

a committee or sub-committee of the local authority;

c

a joint committee or National Park authority on which the local authority is represented; or

d

a holder of a paid office or employment of the kind described in paragraphs (a), (b) or (c).

2

But a relevant paid office or employment in subsection (1) does not include the office of—

a

chairman, vice-chairman, presiding member or deputy presiding member, or

b

in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.

3

Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection.

4

Where the holder of a relevant paid office in a local authority in Wales (“local authority A”) is employed under the direction of—

a

a committee or sub-committee of local authority A any member of which is appointed on the nomination of another local authority in Wales (“local authority B”), or

b

a joint board, a National Park authority, or joint committee on which local authority A is represented and any member of which is appointed on the nomination of local authority B,

section 80B applies in respect of the person's membership of local authority B.

5

For the purposes of this section, a local authority is represented on a National Park authority if it is entitled to appoint a member of the local authority as a member of the National Park authority.

C11C12C79C9481 Exceptions to provisions of section 80.

C131

F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C132

F28Where a person is disqualified under section 80 above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

F293

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F303A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Section 80(2) and (3) above shall not operate so as to disqualify—

a

any person by reason of his being a teacher, or otherwise employed, in a school, F31. . . or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council; or

F32b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C14C15C16C17C79C9482 Validity of acts done by unqualified persons.

C18C19F331

The acts and proceedings of any person elected to an office under this Act F34or elected or appointed to an office under Part F35. . . IV of the Local Government Act 1985F36or elected as elected mayor or executive leader and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

F372

Subsection (1) above shall have effect, in relation to the Broads Authority, as if the reference to this Act included a reference to the Norfolk and Suffolk Broads Act 1988.

Acceptance, resignation and vacation of office, and casual vacancies

C20C21C2283C113C116C126 Declaration of acceptance of office.

C1141

The person elected to any of the following offices, that is to say, the office of chairman, vice-chairman, F101presiding member, deputy presiding member,F38. . . councillor F39or elected mayor of the council of a county F40, county borough, district or London borough F41. . . shall not, unless he has made a declaration of acceptance of office in a form prescribed by F42an order made by the Secretary of State, and the declaration has within two months from the day of the election been delivered to the proper officer of the council, act in the office except for the purpose of taking such a declaration.

C1142

If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

C1143

The declaration shall be made before either—

a

two members of the council to which the declarant is elected; or

F43aa

an elected mayor of the council to which the declarant is elected; or

b

the proper officer of the council; or

c

a justice of the peace or magistrate in the United Kingdom, the Channel Isles or the Isle of Man; or

d

a commissioner appointed to administer oaths in the F44Senior Courts.

F453A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A person elected to the office of chairman of a parish or community council or parish or community councillor shall—

a

in the case of the chairman, at the meeting at which he is elected;

b

in the case of a councillor, before or at the first meeting of the parish or community council after his election; or

c

in either case if the council at that meeting so permit, before or at a later meeting fixed by the council;

make in the presence of a member of the council or of the proper officer of the council and deliver to the council a declaration of acceptance of office in a form prescribed by F42an order made by the Secretary of State, and if he fails to do so his office shall thereupon become vacant.

5

Any person before whom a declaration is authorised to be made under this section may take the declaration.

C23C24C80C9584C113C116C126 Resignation.

F461

A person elected to any office under this Act F47or elected as an elected mayormay at any time resign his office by written notice delivered—

a

except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;

b

in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;

c

in the case of a parish or community councillor, to the chairman of the parish or community council;

d

in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;

and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.

C25C26F482

A person elected or appointed to an office under Part F49. . . IV of the Local Government Act 1985 may at any time resign his office by written notice delivered to the proper officer of the authority of which he is a member and his resignation shall take effect upon the receipt of the notice by that officer.

C27C28C29C81C96C12185C113C116C126 Vacation of office by failure to attend meetings.

C91C92C1181

Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

C92C1182

Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, or who were appointed to advise the authority on any matter relating to the discharge of their functions, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

F502A

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.

C92C1183

A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority F51or of a failure to attend meetings of the executive if the failure is due to that employment.

F523A

Any period during which a member of a local authority is suspended or partially suspended under section 66, F98F53... 73, 78 F98... or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) F54or (2A) above (and, accordingly, a period during which a member fails to attend meetings of the authority F55or, as the case may be, meetings of the executive that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).

F923B

Subsections (3C) and (3D) apply for the purpose of calculating the period of six consecutive months under subsection (1) or (2A).

3C

Any period during which a member of a local authority in Wales is exercising a right to absence under Part 2 of the Local Government (Wales) Measure 2011 is to be disregarded.

3D

The following two periods are to be treated as consecutive—

a

the period during which a member of a local authority in Wales fails to attend meetings of the authority or, as the case may be, meetings of the executive that falls immediately before the period described in subsection (3C), and

b

the period that falls immediately after the period described in subsection (3C).

C30F564

In this section “local authority” includes a joint authority F57, an economic prosperity boardF106and a combined authorityF58. . .

C31C101C12286C113C116C126 Declaration by local authority of vacancy in office in certain cases.

F591

Where a member of a local authority—

a

ceases to be qualified to be a member of the authority; or

C32b

becomes disqualified for being a member of the authority otherwise than F102under F117section 80A(1)(c) of this Act, section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of, a conviction or a breach of any provision of Part II of the M1F60Representation of thePeople Act 1983; or

c

ceases to be a member of the authority by reason of failure to attend meetings of the authority;

the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.

C33C34F612

In this section “local authority” includes a joint authority F62, an economic prosperity boardF107and a combined authorityF63 . . .

C3587C113C116C126 Date of casual vacancies.

1

For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

a

in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

b

in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered;

c

in the case of death, on the date of death;

C36d

in the case of a disqualification F103by virtue of a conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the F104... conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

F118da

in the case of disqualification of a member of a local authority in Wales under paragraph (c) of section 80A(1), on the date on which the person becomes disqualified under that paragraph;

e

in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

F64ee

in the case of a disqualification under section F99... 79 of the Local Government Act 2000 F94or section 34 of the Localism Act 2011 or, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision F95or order under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

f

in the case of a person ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to F65(ee) above, or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be; and

F66g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Public notice of a casual vacancy in any such office as is referred to in subsection (1) above shall be given by the local authority in which the office exists; and the steps required to be taken to give public notice in accordance with section 232 below shall be taken—

a

in a case where the local authority declare the office to be vacant, immediately after the declaration; and

b

in any other case, as soon as practicable after the date on which, by virtue of subsection (1) above, the vacancy is deemed to have occurred.

F673

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88C113C116C126 Filling of casual vacancy in case of chairman, etc.

C37C38C82C971

On a casual vacancy occurring in the office of chairman of any council F68. . ., an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date, then not later than the next following ordinary meeting of the council, and shall be conducted in the same manner as an ordinary election.

C37C38C82C972

F69. . . , a meeting of the council for the election may be convened by the proper officer of the authority.

F702A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In a parish not having a separate parish council, a casual vacancy in the office of chairman of the parish meeting shall be filled by the parish meeting, and a parish meeting shall be convened for the purpose of filling the vacancy forthwith.

C39C40C41C42C43C44C45C46C47C48C49C111C105C110C106C104C108C107C109C112C113C116C117C115C120C126C125C127C123C12489C111C110C109C113C116C126 Filling of casual vacancies in case of councillors.

C501

Subject to the provisions of this section, on a casual vacancy occurring in the office of councillor for any principal area, an election to fill the vacancy shall be held—

a

in a case in which the High Court or the council have declared the office to be vacant, within F71thirty-five days (computed in accordance with section 243(4) below) from the date of the declaration;

b

in any other case, within F71thirty-five days (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area.

2

The day of election to fill a casual vacancy in any office mentioned in subsection (1) above shall be fixed by the returning officer F72. . .

C51C52C893

Where a casual vacancy in any such office occurs within six months before the day on which the councillor whose office is vacant would regularly have retired, an election shall not be held under subsection (1) above unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

F733A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Where more than one casual vacancy in the office of councillor of a district in which councillors are elected by thirds is filled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have first retired, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have next retired and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot.

5

Where an election to fill one or more casual vacancies in the office of councillor of any such district is combined with an ordinary election of councillors, the following provisions shall apply—

a

where an election is contested—

i

the persons who are elected by the smallest numbers of votes, or if any relevant votes are equal such persons as are determined by lot, shall be deemed elected to fill the casual vacancies;

ii

if the persons elected to fill the casual vacancies will hold office for different periods, the person elected by the smallest number of votes or, if the relevant votes are equal, such person as is determined by lot, shall hold office for the shorter period, and so with respect to the others;

b

where the election is not contested—

i

those declared elected (if fewer than the vacancies to be filled) shall be deemed elected to fill the vacancies in which they will hold office for the longest periods;

ii

where there are two or more persons declared elected and they are to fill vacancies in which they will hold office for different periods, any retiring councillors elected shall be deemed elected to fill the vacancies in which they will hold office for the longest period, and the question which of the persons declared elected who are not retiring councillors is to be deemed elected to fill any of the vacancies not filled by retiring councillors shall be determined by lot.

6

A casual vacancy among parish or community councillors shall be filled by election or by the parish or community council in accordance with rules made under F74section 36 of the Representation of the People Act 1983F112in the case of a parish council or, in the case of a community council, made under section 36A of the 1983 Act.

7

Where under this section any question is required to be determined by lot—

a

in the case of a contested election, the lot shall be drawn by the returning officer immediately after the question has arisen; and

b

in any other case, the lot shall be drawn at the next meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

C53C5490C113C116C126 Term of office of persons filling casual vacancies.

A person elected or appointed under the foregoing provisions of this Act in England or Wales F75or under Part F76. . . IV of the Local Government Act 1985 to fill any casual vacancy F77. . . shall hold office until the date upon which the person in whose place he is elected F75or appointed would regularly have retired, and he shall then retire.

C5591C113C116C126 Temporary appointment of members of parish and community councils.

1

Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council F78or Welsh principal council may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office.

2

In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, the reference in subsection (1) above to the district council shall be construed as a reference to the council of the district in which there is the greater number of local government electors for the parishes in the group.

3

Two copies of every order made under this section shall be sent to the Secretary of State.

Proceedings for disqualification

C56C57C58C59C60C61C62C63C64C65C66C83C86C9892 Proceedings for disqualification.

1

Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

a

in the High Court or a magistrates’ court if that person so acted;

b

in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

2

Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

a

if the proceedings are in the High Court, the High Court may—

i

make a declaration to that effect and declare that the office in which the defendant has acted is vacant;

ii

grant an injunction restraining the defendant from so acting;

iii

order that the defendant shall forfeit to Her Majesty such sum as the court think fit, not exceeding £50 for each occasion on which he so acted while disqualified;

b

if the proceedings are in a magistrates’ court, the magistrates’ court may, subject to the provisions of this section, convict the defendant and impose on him a fine not exceeding F79level 3 on the standard scale for each occasion on which he so acted while disqualified.

3

Where proceedings under this section are instituted in a magistrates’ court, then—

a

if the court is satisfied that the matter would be more properly dealt with in the High Court, it shall by order discontinue the proceedings;

b

if the High Court, on application made to it by the defendant within fourteen days after service of the summons, is satisfied that the matter would be more properly dealt with in the High Court, it may make an order, which shall not be subject to any appeal, requiring the magistrates’ court by order to discontinue the proceedings.

4

Where in proceedings instituted under this section in the High Court it is proved that the defendant claims to act as a member of a local authority and is disqualified for so acting, the court may make a declaration to that effect and declare that the office in which the defendant claims to be entitled to act is vacant and grant an injunction restraining him from so acting.

5

No proceedings shall be instituted against a person otherwise than under this section on the ground that he has, while disqualified for acting as a member of a local authority, so acted or claimed to be entitled so to act.

6

For the purposes of this section a person shall be deemed to be disqualified for acting as a member of a local authority—

a

if he is not qualified to be, or is disqualified for being, a member of the authority; or

b

if by reason of failure to make and deliver the declaration of acceptance of office within the period required, or by reason of resignation or failure to attend meetings of the local authority, he has ceased to be a member of the authority.

C67C68F807

In this section “local authority” includes a joint authority F81, an economic prosperity board and a combined authorityF82. . .; and in relation to a joint authority F83, an economic prosperity board or a combined authority the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.

F1087A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1087B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F848

In relation to the Broads Authority, the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.

Restrictions on voting

F8593. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9394 Disability of members of authorities for voting on account of interest in contracts, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9395 Pecuniary interests for purposes of section 94.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9396 General notices and recording of disclosures for purposes of section 94.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9397 Removal or exclusion of disability, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9398Interpretation of sections 95 and 97.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meetings and proceedings

C69C70C71C72C73C84C88C87C93C99C11999 Meetings and proceedings of local authorities.

The provisions of Schedule 12 to this Act shall have effect with respect to the meetings and proceedings of local authorities F86, joint authorities, F87economic prosperity boards, combined authorities,F91.... . . F88. . . and their committees, parish meetings and their committees and community meetings.

C74C75C85C100100 Admission of public and press to local authority committee meetings.

1

F109For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the M2Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as “the 1960 Act”) shall have effect subject to the following provisions of this section.

F109The Public Bodies (Admission to Meetings) Act 1960 (“the 1960 Act”) has effect in relation to meetings of committees of local authorities, subject to subsection (2).

2

Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply F89. . . to any committee appointed by one or more local authorities under section 102 below, not being a committee falling within section 2(1) of the 1960 Act F90or section 100E(3)(a) or (b) below (whether or not by virtue of section 100J below).

3

F110Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.