Local Government Act 1972

Section 99.

SCHEDULE 12 E+W Meetings and Proceedings of Local Authorities

Modifications etc. (not altering text)

C1 Sch. 12 modified (5.11.2008) by The Local Elections (Ordinary Day of Elections in 2009) Order 2008 (S.I. 2008/2857), art. 6

C2 Sch. 12 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 86(9)

C3 Sch. 12 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 2(4)

C4 Sch. 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 I E+W Principal Councils

Modifications etc. (not altering text)

C5 Sch. 12 Pt.I applied (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch. 1.

Sch. 12 Pt.I: certain functions transferred (subject to modifications) (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch.1.

C6 Sch. 12 Pt.I applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Sch. 12 Pt.I: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

C7 Sch. 12 Pt. I applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

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

(2) The annual meeting of a principal council F1 . . . shall be held—

(a) in a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of councillors or such other day within the twenty-one days immediately following the day of retirement as the council may fix;

[F2 (aa) in a year of an election for the return of an elected mayor to the council, which is not a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of an elected mayor or such other day within the twenty-one days immediately following the day of retirement as the council may fix;]

(b) in any other year, on such day in the month of March, April or May as the council may fix.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An annual meeting of a principal council shall be held at such hour as the council may fix, or if no hour is so fixed at twelve noon.

Textual Amendments

F1 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F2 Sch. 12 para. 1(2)(aa) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 6

F3 Sch. 12 para. 1(3) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C8 Sch. 12 para. 1 applied (with modifications) (1.5.2000 for specified purposes and otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28, para. 10(1) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C9 Sch. 12 para. 1(2)(b) modified (10.4.2001 with effect for the year 2001) by 2001 c. 7, s. 1(6)

2 (1) A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine. E+W

(2) Those other meetings shall be held at such hour and on such days as the council may determine.

Modifications etc. (not altering text)

C10 Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

3 (1) An extraordinary meeting of a principal 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 a principal council after a requisition for that purpose, signed F4 . . . by five 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 the requisition has been presented to him, then F4 . . . any five members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the council.

Textual Amendments

F4 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C11 Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

4 (1) Meetings of a principal council shall be held at such place, either within or without their area, as they may direct. E+W

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

(a) notice of the time and place of the intended meeting shall be published at the council’s offices, 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 thereat; and

(b) a summons to attend the meeting, specifying the business to be transacted thereat, and signed by the proper officer of the council, shall, subject to sub-paragraph (3) below, be left at or sent by post to the usual place of residence of every member of the council.

(3) If a member of a principal council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

(4) Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.

(5) Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

Modifications etc. (not altering text)

C12 Sch. 12 paras. 2-5 applied (with modifications) (1.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C13 Sch. 12 para. 4(2) excluded by Local Government Act 1985 (c. 51, SIF 81:1), s. 86(9)

C14 Sch. 12 para. 4(2) restricted by S.I. 1985/1884, art. 11(3)

[F5 4A (1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order. E+W

(2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F5 Sch. 12 para. 4A inserted (1.10.2000 (E.) and 28.7.2001 (W.)) by 2000 c. 22, ss. 98(1)(2), 108(4); S.I. 2000/2187, art. 3

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

(2) If the chairman is absent from a meeting of a principal council, then—

(a) F6 . . ., the vice-chairman of the council, if present, shall preside;

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in the case of a London borough council, the deputy mayor, if at that time he remains a councillor F8 . . . and is chosen for that purpose by the members of the council then present, shall preside.

(3) If—

(a) in the case of a principal council F9 . . ., both the chairman and vice-chairman of the council are absent from a meeting of the council;

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in the case of a London borough council, the mayor and deputy mayor are so absent or the deputy mayor being present is not chosen;

another member of the council chosen by the members of the council present shall preside.

[F11 (4) A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.

F11 (5) Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive F12 . . . . ”]

Textual Amendments

F6 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F7 Sch. 12 para. 5(2)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F8 Words repealed by S.I. 1977/1710, art. 3(c)

F9 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F10 Sch. 12 para. (3)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F11 Sch. 12 para. 5(4)(5) inserted (26.10.2000 (E.) and 28.7.2001 (W.)) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 14(1)(2); S.I. 2000/2849, art. 2(e)

F12 Words in Sch. 12 para. 5(5) omitted (30.12.2007) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 12(2) and said words repealed (prosp.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 3

Modifications etc. (not altering text)

C15 Sch. 12 paras. 2-5 applied (with modifications)(1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

6 E+W Subject to paragraph 45 below, no business shall be transacted at a meeting of a principal council unless at least one quarter of the whole number of members of the council are present.

Modifications etc. (not altering text)

C16 Sch. 12 para. 6 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

[F13 Part IA E+W Joint Authorities and Inner London Education Authority

Textual Amendments

F13 Sch. 12 Pt. IA inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 35(2)

[F14 6A (1) Paragraph 1 above applies to a joint authority [F15 , an economic prosperity board, [F16 or] a combined authority]F17 .... . . as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix. E+W

F18 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F14 Sch. 12 para. 6A substituted by Local Government Act 1986 (c. 10, SIF 81:1), s. 10(3)

F15 Words in Sch. 12 para. 6A(1) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 39; S.I. 2009/3318, art. 2(c)

F16 Word in Sch. 12 para. 6A(1) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 116(2)(a); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 37)

F17 Words in Sch. 12 para. 6A(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 116(2)(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 37)

F18 Sch. 12 para. 6A(2) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C17 Sch. 12 para. 6A amended by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 1(p)

C18 Sch. 12 para. 6A modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)

Sch. 12 para. 6A excluded (10.5.2000) by S.I. 2000/1095, art. 5(2)

C19 Sch. 12 para. 6A(1) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 2

Sch. 12 para. 6A(1) modified (13.3.2004) by S.I. 2004/222, art. 4(2)

6B E+W The other provisions of Part I of this Schedule shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that

[F19 (a)] the number of members mentioned in paragraph 3(2) shall be three, F20 ...

F20 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F19 Word in Sch. 12 para. 6B inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 15(3)(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4(1), Sch.

F20 Sch. 12 para. 6B(b) and word omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 116(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 37)

F21 Sch. 12 para. 6B(c) and preceding word repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch. 6 para. 32(b)(ii), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art.4)

Modifications etc. (not altering text)

C20 Sch. 12 para. 6B modified by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 3(c) and by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)

Part II E+W Parish Councils

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

(2) In a year which is a year of ordinary elections of parish councillors, the annual meeting of a parish 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 parish council may determine.

(3) The annual meeting of a parish 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)

C21 Sch. 12 para. 7(2) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 3

8 (1) A parish council shall in every year hold, in addition to the annual meeting, such other meetings (not less than three) as they may determine. E+W

(2) Those other meetings shall be held at such hour and on such days as the council may determine.

9 (1) An extraordinary meeting of a parish 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.

10 (1) Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in [F22 premises 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 parish council—

(a) notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the parish 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 parish council concerned shall not affect the validity of the meeting.

Textual Amendments

F22 Words in Sch. 12 para. 10(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201(2), Sch. 6 para. 61(2)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

C22 Sch. 12 para. 10 applied (4.3.1996) by S.I. 1996/263, reg. 8(5)

C23 Sch. 12 para. 10 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(3)

11 (1) At a meeting of a parish 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 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.

12 E+W Subject to paragraph 45 below, no business shall be transacted at a meeting of a parish 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.

13 (1) Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a parish 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.

Modifications etc. (not altering text)

C24 Sch. 12 para. 13(1) applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

Part III E+W Parish Meetings

14 (1) The parish meeting of a parish shall assemble annually on some day between 1st March and 1st June, both inclusive, in every year. E+W

(2) Subject to sub-paragraph (1) above and to sub-paragraph (3) below, parish meetings shall be held on such days and at such times as may be fixed by the parish council or, if there is no parish council, by the chairman of the parish meeting.

(3) In a parish which does not have a separate parish council the parish meeting shall, subject to any provision made by a grouping order, assemble at least twice in every year.

(4) The proceedings at a parish meeting shall not commence earlier than 6 o’clock in the evening.

(5) A parish meeting shall not be held in [F23 premises which at the time of the 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)] , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

Textual Amendments

F23 Words in Sch. 12 para. 14(5) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201(2), Sch. 6 para. 61(3)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

C25 Sch. 12 para. 14(1) modified (13.3.2004) by The Local Elections (Ordinary Day of Election 2004) Order 2004 (S.I. 2004/222), art. 4(3)

15 (1) A parish meeting may be convened by— E+W

(a) the chairman of the parish council, or

(b) any two parish councillors for the parish, or

(c) where there is no parish council, the chairman of the parish meeting or any person representing the parish on the district council, or

(d) any six local government electors for the parish.

(2) Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a parish meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.

(3) The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a parish meeting relates to—

(a) the establishment or dissolution of a parish council, or

(b) the grouping of the parish with another parish or parishes under a common parish council.

(4) Public notice of a parish meeting shall be given—

(a) by posting a notice of the meeting in some conspicuous place or places in the parish, and

(b) in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

16 E+W The chairman of a parish council shall be entitled to attend a parish meeting for the parish (or, where a grouping order is in force, for any of the parishes comprised in the group) whether or not he is a local government elector for the parish, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 18(3) below.

17 (1) In a parish having a separate parish council the chairman of the parish council, if present, shall preside at a parish meeting and if he is absent the vice-chairman (if any) shall, if present, preside. E+W

(2) In a parish which does not have a separate parish council the chairman chosen for the year in question under section 15(10) or 88(3) above, if present, shall preside.

(3) If the chairman and the vice-chairman of the parish council or the chairman of the parish meeting, as the case may be, is absent from an assembly of the parish meeting, the parish meeting may appoint a person to take the chair, and that person shall have, for the purposes of that meeting, the powers and authority of the chairman.

18 (1) Subject to the provisions of this Act, each local government elector may, at a parish meeting or at a poll consequent thereon, give one vote and no more on any question. E+W

(2) A question to be decided by a parish meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.

(3) In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.

(4) A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.

(5) A poll consequent on a parish meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to the elections of parish councillors under [F24 section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act] shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of parish councillors.

(6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.

Textual Amendments

F24 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 8 para. 14

19 (1) Minutes of the proceedings of a parish meeting, or a committee thereof, shall be drawn up and entered in a book provided for the purpose and shall be signed at the same or the next following assembly of the parish meeting, or, as the case may be, meeting of the committee, by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof. E+W

(2) Until the contrary is proved, a parish meeting, or a meeting of a committee thereof, in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified, and where the proceedings are those of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

20 (1) Subject to the provisions of this Act, in a parish having a separate parish council the parish council may make, vary and revoke standing orders for the regulation of proceedings and business at parish meetings for the parish. E+W

(2) In a parish which does not have a separate parish council, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business.

21 (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a parish meeting on such terms and conditions as the Treasury may determined. E+W

(2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

22 E+W If any person, in a poll consequent on a parish meeting—

(a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

(b) without due authority supplies a ballot paper to any person; or

(c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(d) fraudulently takes out of the polling station any ballot paper; or

(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

(i) if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

(ii) in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part IV E+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)

C26 Sch. 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 [F25 premises 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

F25 Words 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)

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.

28 E+W Subject 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.

Part V E+W Community Meetings

30 (1) A community meeting may be convened at any time— E+W

(a) in a case where there is a community council, by the chairman of the council or by any two councillors representing the community on the council, and

(b) in any case, by any six local government electors for the community.

[F26 (2) Except in a case falling within sub-paragraph (3) below, public notice of any community meeting shall be given not less than 7 clear days before the meeting.

(3) Where any business proposed to be transacted at a community meeting relates to any of the matters mentioned in section 29B(4) of this Act, public notice of the meeting shall be given not less than 30 clear days before the meeting.

(3A) The notice required by sub-paragraph (2) or (3) above shall—

(a) specify the time and place of the intended meeting;

(b) specify the business to be transacted at the meeting; and

(c) be signed by the person or persons convening the meeting.]

(4) Public notice of a community meeting shall be given—

(a) by posting a notice of the meeting in some conspicuous place or places in the community, and

(b) in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.

Textual Amendments

F26 Sch. 12 para. 30(2)(3)(3A) substituted (1.4.1996) for Sch. 12 para. 30(2)(3) by 1994 c. 19, s. 12(2); S.I. 1995/3198, art. 3, Sch. 1

31 E+W The chairman of a community council shall be entitled to attend a community meeting for the community (or, where a grouping order is in force, for any of the communities comprised in the group) whether or not he is a local government elector for the community, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 34(3) below.

32 (1) The proceedings at a community meeting shall not commence earlier than 6 o’clock in the evening. E+W

(2) A community meeting shall not be held in [F27 premises which at the time of the 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)] , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.

Textual Amendments

F27 Words in Sch. 12 para. 32(2) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201(2), Sch. 6 para. 61(3)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

33 (1) In a community for which there is a community council, the chairman of the council, if present, shall preside at a community meeting. E+W

(2) In any other case, a community meeting shall appoint a person to be chairman at that meeting.

34 (1) Subject to the provisions of this Act, each local government elector may, at a community meeting or at a poll consequent thereon, give one vote and no more on any question. E+W

(2) A question to be decided by a community meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.

(3) In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.

(4) A poll may be demanded before the conclusion of a community meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less.

(5) A poll consequent on a community meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to elections of community councillors under section 42 above and of the enactments mentioned in section 165(1) of the M1 Representation of the People Act 1949 shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of community councillors.

(6) Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.

Marginal Citations

M1 1949 c. 68.

35 (1) Minutes of the proceedings of a community meeting shall be drawn up and entered in a book provided for the purpose by the proper officer of the community council where there is one or, where there is not, the proper officer of the council of the [F28 principal area] in which the community is situated and shall be signed at the conclusion of the community meeting by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof. E+W

(2) Until the contrary is proved, a community meeting in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified.

Textual Amendments

F28 Words in Sch. 12 para. 35(1) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 62; S.I. 1996/396, art. 4, Sch. 2

36 E+W Subject to the provisions of this Act a community meeting may regulate their own proceedings and business.

37 (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a community meeting on such terms and conditions as the Treasury may determine. E+W

(2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.

38 E+W If any person, in a poll consequent on a community meeting—

(a) fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or

(b) without due authority supplies a ballot paper to any person; or

(c) fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(d) fraudulently takes out of the polling station any ballot paper; or

(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;

he shall—

(i) if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and

(ii) in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.

Part VI E+W Provisions Relating to Local Authorities Generally

Modifications etc. (not altering text)

C27 Sch. 12 Pt. VI applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

Sch. 12 Pt. VI: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

C28 Sch. 12 Pt. VI applied (07.08.1991) by S.I.1991/1773, art. 6, 8, Sch. 1.

Sch. 12 Pt. VI: certain functions transferred (subject to modifications) (07.08.1991) by S.I.1991/1773, arts. 6, 8, Sch. 1.

C29 Sch. 12 Pt. VI (paras. 39–45) applied with modifications by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 1(7), 23(2), 27(2), Sch. 1 para. 4(8)

Sch. 12 Pt. VI (paras. 39-45) extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(1)(a)

Sch. 12 Pt. VI (paras. 39-45) applied (with modifications)(5.12.1995) by S.I. 1995/3127, art. 2, Sch. para. 20(1); S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Sch. 12 Pt. VI (paras. 39-45) applied (with modifications)(11.12.1995) by S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

Sch. 12 Pt. VI (paras. 39-45) applied (with modifications)(20.11.1996) by S.I. 1996/2912, art. 2, Sch. para. 20(1); S.I. 1996/2916, art. 2, Sch. para. 20(1); S.I. 1996/2917, art. 2, Sch. para. 20(1); S.I. 1996/2918, art. 2, Sch. para. 20(1); S.I. 1996/2919, art. 2, Sch. para. 20(1); S.I. 1996/2920, art. 2, Sch. para. 20(1); S.I. 1996/2921, art. 2, Sch. para. 20(1); S.I. 1996/2922, art. 2, Sch. para. 20(1); S.I. 1996/2923, art. 2, Sch. para. 20(1); S.I. 1996/2924, art. 2, Sch. para. 20(1)

Sch. 12 Pt. VI applied (1.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 328, Sch. 28 para. 10(4) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)

C30 Sch. 12 Pt. 6 applied (with modifications) (20.11.2006) by The Devon and Somerset Fire and Rescue Authority (Combination Scheme) Order 2006 (S.I. 2006/2790), arts. 1(2), 2, Sch. para. 15

C31 Sch. 12 Pt. VI applied (with modifications) (E.) (24.3.2011) by virtue of The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

39 (1) Subject to the provisions of any enactment (including any enactment in this Act) all questions coming or arising before a local authority shall be decided by a majority of the members of the authority present and voting thereon at a meeting of the authority. E+W

(2) Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

Modifications etc. (not altering text)

C32 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C33 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C34 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

C35 Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C36 Sch. 12 para. 39(1) excluded (3.7.2000) by 1999 c. 29, s. 244(8)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

40 E+W The names of the members present at a meeting of a local authority shall be recorded.

Modifications etc. (not altering text)

C35 Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C37 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C38 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C39 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

41 (1) Minutes of the proceedings of a meeting of a local authority shall, subject to sub-paragraph (2) below, be drawn up and entered in a book kept for that purpose and shall be signed at the same or next [F29 suitable] meeting of the authority by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof. E+W

(2) Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of a local authority may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or next [F29 suitable] meeting of the authority, by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(3) Until the contrary is proved, a meeting of a local authority a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

[F30 (4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.]

Textual Amendments

F29 Words in Sch. 12 para. 41(1)(2) substituted (8.5.1992) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 30; S.I. 1992/760, art.2.

F30 Sch. 12 para. 41(4) inserted (8.5.1992) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 30; S.I. 1992/760, art.2.

Modifications etc. (not altering text)

C35 Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C40 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C41 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C42 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

42 E+W Subject to the provisions of this Act, a local authority may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

Modifications etc. (not altering text)

C35 Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C43 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

Sch. 12 para. 42 applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(d)

Sch. 12 para. 42: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C44 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C45 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

43 E+W The proceedings of a local authority shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

Modifications etc. (not altering text)

C35 Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C46 Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

C47 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

C48 Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)

44 (1) Paragraphs 39 to 43 above (except paragraph 41(3)) shall apply in relation to a committee of a local authority (including a joint committee) or a sub-committee of any such committee as they apply in relation to a local authority. E+W

(2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 41 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.

Modifications etc. (not altering text)

C49 Sch. 12 para. 44 excluded by Education (No. 2) Act 1986 (c. 61, SIF 41:1), ss. 26(4), 66, Sch. 3 para. 15

Sch. 12 paras. 39-44 applied (4.3.1996) by S.I. 1996/263, reg. 8(9)

Sch. 12 para. 44 excluded (1.11.1996) by 1996 c. 56, ss. 159, 583(2), Sch. 16 para. 15(2)

Sch. 12 para. 44 excluded (1.11.1996) by 1996 c. 56, ss. 423, 583(2), Sch.33 Pt. II para. 15(2)

C50 Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)

45 E+W Where more than one-third of the members of a local authority become disqualified at the same time, then, until the number of members in office is increased to not less than two-thirds of the whole number of members of the authority, the quorum of the authority shall be determined by reference to the number of members of the authority remaining qualified instead of by reference to the whole number of members of the authority.

[F31 46 E+W In this Part of this Schedule “local authority” includes a joint authority F32 .... . . F33 . . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.]

Textual Amendments

F31 Sch. 12 para. 46 inserted by Local Government Act 1985 (c. 51, SIF 81:1, 2), s. 84, Sch. 14 Pt. I para. 35(3)

F32 Words in Sch. 12 para. 46 omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 116(4); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 37)

F33 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C51 Sch. 12 para. 46 extended by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 1(p)

C52 Sch. 12 para. 46 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)