SCHEDULE 12 Meetings and Proceedings of Local Authorities
Part III Parish Meetings
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.
(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)
F1A 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)
F1A 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 F2section 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)
F1Rules made under sub-paragraph (5) above shall be laid before each House of Parliament as soon as may be after they are made.
F3(7)
A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting, subject to regulations made under sub-paragraph (8).
(8)
The Secretary of State may by regulations make provision about polls consequent on parish meetings, in particular about—
(a)
the questions arising at a meeting on which a poll may be demanded,
(b)
the circumstances in which a poll may or must be taken (including provision as to the number of local government electors who must demand a poll for a poll to be taken), and
(c)
the conduct of a poll.
(9)
Regulations under sub-paragraph (8)(c) may apply any electoral enactment (with or without modifications) to polls consequent on parish meetings.
(10)
In sub-paragraph (9) “electoral enactment” means an enactment which relates to elections or referendums.
(11)
A statutory instrument containing regulations under sub-paragraph (8) is subject to annulment in pursuance of a resolution of either House of Parliament.