Local Government Act 1972

Changes over time for: Section 16

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Local Government Act 1972, Section 16 is up to date with all changes known to be in force on or before 26 April 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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s. 80(3B) omitted by 2021 asc 1 Sch. 2 para. 1(3)(c)
s. 101(6ZA) inserted by 2023 c. 55 Sch. 12 para. 2
s. 123(2C) inserted by 2023 c. 55 s. 75
s. 131(2)(n) and word inserted by 2023 asc 3 Sch. 13 para. 16

16 Parish councillors.E

(1)The number of [F1elected] parish councillors for each parish [F2council] [F3shall not be less than five.]

(2)Parish councillors shall be elected by the local government electors for the parish in accordance with this Act and Part I of the [F4Representation of the People Act 1983 [F5and relevant electoral arrangements]].

[F6(2A)In their application to the election of parish councillors, this Act and Part 1 of the Representation of the People Act 1983 (c. 2) are subject to the relevant electoral arrangements that apply to the election.

(2B)For the purposes of this section “relevant electoral arrangements” means—

(a)any arrangements about the election of councillors that are made in, or applicable by virtue of, provision made by virtue of section 245(6)(b) of the Local Government and Public Involvement in Health Act 2007 (transitional, saving or transitory provision), and

(b)any electoral arrangements applicable to the council by virtue of an order under section 7 or 10 or an order under section 86 of the Local Government and Public Involvement in Health Act 2007.]

(3)Subject to any provision included in an order by virtue of section 67 below and to the provisions of paragraphs 12 and 13 of Schedule 3 to this Act, the ordinary elections of parish councillors shall take place in 1976, 1979 and every fourth year thereafter, their term of office shall be three years in the case of those elected at the ordinary elections in 1976 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of parish councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

(4)Where a parish is not divided into parish wards there shall be one election of parish councillors for the whole parish.

(5)Where a parish is divided into parish wards there shall be a separate election of parish councillors for each ward.

[F7(6)If the parish has the style of community, the councillors shall have the style of “councillors of the community council”.

(7)If the parish has the style of neighbourhood, the councillors shall have the style of “councillors of the neighbourhood council”.

(8)If the parish has the style of village, the councillors shall have the style of “councillors of the village council”.

(9)If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.]

Textual Amendments

F1Word in s. 16(1) inserted ((1.4.2008 for the purposes of making regulations under s. 16A and otherwise prosp) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 76(3), 245; S.I. 2008/917, art. 4

F2Word in s. 16(1) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 6(2); S.I. 2008/337, art. 2(c)

F3Words in s. 16(1) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 9

F4Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 8 para. 12

F5Words in s. 16(2) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 6(3); S.I. 2008/337, art. 2(c)

F6S. 16(2A)(2B) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 6(4); S.I. 2008/337, art. 2(c)

F7S. 16(6)-(9) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(7), 245; S.I. 2008/337, art. 2(a)

Modifications etc. (not altering text)

C1S. 16 excluded (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 60(3), 87(1)

C2S. 16(3): power to exclude and modify conferred (19.5.1997) by 1997 c. 29, ss. 23(7)(a), 34(2) (with s. 25)

S. 16(3) excluded (1.4.1999) by S.I. 1999/545, reg. 11(3)

C3S. 16(3) excluded (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 26(1)

C4S. 16(3) excluded (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 15(1)