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SCHEDULES

SCHEDULE 12E+W Meetings and Proceedings of Local Authorities

Modifications etc. (not altering text)

C4Sch. 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 IE+W Principal Councils

Modifications etc. (not altering text)

C6Sch. 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.

C7Sch. 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.

C8Sch. 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

Modifications etc. (not altering text)

C9Sch. 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)

C10Sch. 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)

C11Sch. 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

Modifications etc. (not altering text)

C12Sch. 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

[F5(1A)Five clear days at least before a meeting of a principal council in England—

(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 at the meeting; and

(b)a summons to attend the meeting, specifying the business proposed to be transacted at the meeting, and authenticated by the proper officer of the council, shall be sent to every member of the council by an appropriate method.

(1B)In sub-paragraph (1A)—

(a)“authenticated” means signed or otherwise authenticated in such manner as the proper officer thinks fit; and

(b)the reference to sending the summons to a member by an appropriate method is to—

(i)leaving it at, or sending it by post to, the member’s usual place of residence, or

(ii)where the member has specified an address other than the member’s usual place of residence, leaving it at, or sending it by post to, that different address, or

(iii)where the member has given consent for the summons to be transmitted in electronic form to a particular electronic address (and consent has not been withdrawn), sending it in electronic form to that address.]

(2) Three clear days at least before a meeting of a principal council [F6in Wales]—

(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 [F7in Wales] 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.

Textual Amendments

F5Sch. 12 para. 4(1A)(1B) inserted (E.) (30.1.2015) by The Local Government (Electronic Communications) (England) Order 2015 (S.I. 2015/5), arts. 1(1), 2(2) [Editorial note: This amendment supersedes the previous substitution of words (E.) (30.3.2014) in Sch. 12 para. 4(2) by Local Audit and Accountability Act 2014 (c. 2), ss. 40(6)(11), 49(2)]

Modifications etc. (not altering text)

C13Sch. 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)

C14Sch. 12 para. 4(2) excluded by Local Government Act 1985 (c. 51, SIF 81:1), s. 86(9)

C15Sch. 12 para. 4(2) restricted by S.I. 1985/1884, art. 11(3)

[F84A(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

F8Sch. 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)F9. . ., the vice-chairman of the council, if present, shall preside;

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

(c)in the case of a London borough council, the deputy mayor, if at that time he remains a councillor F11. . . 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 F12. . ., both the chairman and vice-chairman of the council are absent from a meeting of the council;

F13(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.

[F14(4)A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.

F14(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 F15. . . . ”]

Textual Amendments

F11Words repealed by S.I. 1977/1710, art. 3(c)

F14Sch. 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)

F15Words 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)

C16Sch. 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)

6E+WSubject 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)

C17Sch. 12 para. 6 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II