Commentary on Sections

Part 2 - Family Absence for members of local authorities

Section 31 – Amendment of the Local Government Act 1972

49.Amends section 85 of the 1972 Act so that a period of “family absence” (as provided for by this Measure) does not, in itself, leave a councillor liable to being required to vacate office by virtue of not having attended council meetings for six months.

50.The existing section 85 of the 1972 Act states that if a councillor fails to attend any meetings of his/her authority during a period of six consecutive months without a reason approved by the authority, he or she ceases to hold office. The new subsection (3C), inserted in section 85 of the 1972 Act, ensures that family absence will not be taken into account for calculating a six month period of absence. The new section (3D) provides that calculating the six month period of absence may take into account the periods immediately before and immediately after the period of family absence.