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- Point in Time (12/07/2023)
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Point in time view as at 12/07/2023.
Local Government Act 1972, Paragraph 26 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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26[F1(1)Meetings of the community council and its committees and sub-committees are to be held at such place, either within or outside the council's area, as the council may direct.]E+W
(2)Three clear days at least before a meeting of a community council [F2or, if the meeting is convened at shorter notice, then at the time it is convened] —
(a)notice [F3of the meeting containing the information required by sub-paragraph (2ZA)] shall be [F4published electronically and] fixed in some conspicuous place in the community and, where the meeting is called by members of the council, the notice shall [F5set out the names of] those members and shall specify the business proposed to be transacted at the meeting; and
[F6(aa)any documents relating to the business to be transacted at the meeting must be published electronically (in so far as reasonably practicable),]
(b)a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and [F7authenticated] by the proper officer of the council, [F8must, subject to sub-paragraph (2C), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose. ]
[F9(2ZA)The information required to be in a notice under sub-paragraph (2)(a) consists of—
(a)where the meeting or part of the meeting is open to the public and is held through remote means only, details of the time of the meeting and how to access it;
(b)where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and how to access it;
(c)where the meeting is not open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and the fact that it is not open to the public;
(d)where the meeting is not open to the public and is held through remote means only, details of the time of the meeting and the fact that it is being held through remote means only and is not open to the public.
(2ZB)In sub-paragraph (2ZA), references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).]
[F10(2A)The duty of a community council under sub-paragraph (2)(aa) to publish documents relating to the meeting does not apply where—
(a)the documents relate to business which in the opinion of the council is likely to be transacted in private, or
(b)the disclosure of such documents would be contrary to any enactment.]
[F11(2B)In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.
(2C)If a member of a community council gives notice in writing to the proper officer of the council that summonses to attend meetings of the council should be sent to the member at an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address.]
[F12(2D)At least three clear days before a meeting of a committee or sub-committee of a community council, notice of the time and place of the intended meeting must be published electronically and fixed in a conspicuous place in the community.
(2E)If the chairman of a committee or sub-committee of a community council considers that a meeting of the committee or sub-committee should take place urgently, sub-paragraph (2D) has effect as if for the words “three clear days” there were substituted “ twenty four hours ”.]
(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
F1Sch. 12 para. 26(1) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 20(1); S.I. 2021/354, reg. 2(c) (with reg. 3)
F2Words in Sch. 12 para. 26(2) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 4(a); S.I. 2021/354, reg. 2(c)
F3Words in Sch. 12 para. 26(2)(a) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 4(b)(i); S.I. 2021/354, reg. 2(c)
F4Words in Sch. 12 para. 26(2)(a) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 57(a)(i), 75(3); S.I. 2015/1182, art. 2(c)
F5Words in Sch. 12 para. 26(2)(a) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 4(b)(ii); S.I. 2021/354, reg. 2(c)
F6Sch. 12 para. 26(2)(aa) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 57(a)(ii), 75(3); S.I. 2015/1182, art. 2(c)
F7Word in Sch. 12 para. 26(2)(b) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(5)(a); S.I. 2021/354, reg. 2(c) (with reg. 3)
F8Words in Sch. 12 para. 26(2)(b) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(5)(b); S.I. 2021/354, reg. 2(c) (with reg. 3)
F9Sch. 12 para. 26(2ZA)(2ZB) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 4(c); S.I. 2021/354, reg. 2(c)
F10Sch. 12 para. 26(2A) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 57(b), 75(3); S.I. 2015/1182, art. 2(c)
F11Sch. 12 para. 26(2B)(2C) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(6); S.I. 2021/354, reg. 2(c) (with reg. 3)
F12Sch. 12 para. 26(2D)(2E) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 21; S.I. 2021/354, reg. 2(c) (with reg. 3)
Modifications etc. (not altering text)
C1Sch. 12 para. 26(2) modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 17(2)
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