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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 VE+W Community Meetings

30(1)[F1Where there is a community council for a community, a community meeting may be convened at any time by the chairman of the council or by any two councillors representing the community on the council.]E+W

[F2(2)Except in a case falling within sub-paragraph (3) below, public notice of [F3a community meeting convened under sub-paragraph (1) above] shall be given not less than 7 clear days before the meeting.

(3)Where any business proposed to be transacted at [F4a community meeting convened under sub-paragraph (1) above] relates to [F5the existence of the community council or the grouping of the community with other communities], 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 [F4a community meeting convened under sub-paragraph (1) above] 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.

[F6(5)For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.]

Textual Amendments

F2Sch. 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

F3Words in Sch. 12 para. 30(2) substituted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 88(1)(b), 178(3); S.I. 2012/1187, art. 2(1)(k)

F4Words in Sch. 12 para. 30(3)(4) substituted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 88(1)(c), 178(3); S.I. 2012/1187, art. 2(1)(k)

F5Words in Sch. 12 para. 30(3) substituted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 88(1)(d), 178(3) (with s. 115); S.I. 2012/1187, art. 2(1)(k)

[F730AE+WA community meeting may also be convened at any time by not less than—

(a)10% of the local government electors for the community, or

(b)50 of the electors (if 10% of the electors exceeds 50 electors).]

Textual Amendments

[F830B(1)Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—E+W

(a)in a case where there is a community council for the community, to the community council, or

(b)in a case where there is no community council for the community, to the principal council within whose area the community lies.

(2)The notice must contain—

(a)unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;

(b)unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;

(c)the business which is proposed to be transacted at the meeting;

(d)the proposed time and place at which the meeting is to be held.

[F9(3)The notice must be given—

(a)in writing (but not in an electronic form), or

(b)in an electronic form which meets the technical requirements set by the principal council under paragraph 30C.]

(4)In sub-paragraph (2) above—

(a)“address” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;

(b)“signature” means—

(i)where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;

(ii)where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.

(5)This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.

(6)Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—

(a)need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and

(b)need not include a signature in respect of the individual.

(7)Where a notice is in electronic form, it is to be treated as given to a principal council [F10or community council] when the notice is given in accordance with whatever requirements the [F11principal council] has set as to the giving of such notices under paragraph 30C(2) below.]

Textual Amendments

[F1230C[F13(1)For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”).]E+W

(2)[F14A principal council must set for its area] and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—

(a)the authentication requirements to be met by an electronic signature included within an electronic notice, and

(b)the other technical requirements to be met by and in relation to an electronic notice.]

Textual Amendments

[F1530D(1)Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—E+W

(a)whether the group of individuals to whom the notice relates is comprised of—

(i)at least 50 local government electors for the community in question, or

(ii)at least 10% of the local government electors for the community in question, and

(b)whether the notice meets the requirements of paragraph 30B above.

(2)If the council is of the opinion that—

(a)the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and

(b)the notice meets the requirements of paragraph 30B above,

the council must give a public notice in accordance with paragraph 30E below.

(3)If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.

(4)The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.

(5)In sub-paragraph (4) above, “relevant registration officer” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.]

Textual Amendments

[F1630E(1)The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.E+W

(2)Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.

(3)Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.

(4)The public notice must—

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

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

(c)be signed by the proper officer.

(5)In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.

(6)The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.

(7)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,

[F17(aa)by publishing the notice electronically, and]

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

(8)For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.]

Textual Amendments

31E+WThe 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 [F18premises 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

F18Words 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.

[F19(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—

(a)the poll is demanded by a majority of the local government electors present at the meeting, and

(b)the electors demanding a poll constitute not less than—

(i)10% of the local government electors for the community, or

(ii)150 of the electors (if 10% of the electors exceeds 150 electors).]

(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 M1Representation 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.

Textual Amendments

Marginal Citations

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 [F20principal 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

F20Words 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

36E+WSubject 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.

38E+WIf 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.

[F2138A(1)This paragraph applies to a poll (other than a poll to which sub-paragraph (2) below refers) consequent on a community meeting where a majority of those voting were in favour of the question in relation to which the poll was taken.E+W

(2)This paragraph does not apply to a poll taken on a question of a type specified in regulations made by the Welsh Ministers.

(3)The returning officer in relation to the poll must give notice in writing to the monitoring officer (within the meaning of section 5 of the Local Government and Housing Act 1989) of the relevant principal council of—

(a)the question posed by the poll, and

(b)the fact that that a majority of those voting were in favour of that question.

(4)In sub-paragraph (3) above, “relevant principal council” means the principal council in whose area lies the community of the community meeting at which the poll was demanded.

(5)The power of the Welsh Ministers to make regulations under sub-paragraph (2) above is exercisable by statutory instrument.

(6)A statutory instrument which contains regulations under sub-paragraph (2) above is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

[F2238B(1)Within a period of 14 days beginning with the day on which notice was given under paragraph 38A(3) above, the monitoring officer must determine whether, in the officer's opinion, the question in relation to which the poll was taken corresponds to any of the descriptions in sub-paragraph (2) below.E+W

(2)Those descriptions are—

(a)a question which relates only to the functions of the principal council,

(b)a question which relates only to the functions of a community council for the relevant community,

(c)a question which relates to the functions of the principal council and the functions of a community council for the relevant community.

(3)If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(a) above, the officer must give notice of that determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice).

(4)If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(b) above, the officer must give notice of that determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).

(5)If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(c) above, the officer must—

(a)to the extent that the determination concludes that the question relates to the functions of the principal council, give notice of the determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice), and

(b)to the extent that the determination concludes that the question relates to the functions of the community council, give notice of the determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).

(6)A notice required to be given by this paragraph must—

(a)be given in writing,

(b)be given as soon as is reasonably practicable after the date of determination, and

(c)include the monitoring officer's reasons for the determination to which the notice relates.]

Textual Amendments