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Local Government Act 1972

1972 CHAPTER 70

An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates’ courts committees; to abolish certain inferior courts of record; and for connected purposes.

[26th October 1972]

Modifications etc. (not altering text)

C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C3Act modified by S.I. 1979/1123, arts. 4(2), 5

C6Act applied (12.3.1991) by S.I. 1991/993, arts. 1(1), 28

Act construed as one with 1994 c. 19 (5.7.1994) by 1994 c. 19, ss. 64(3), 66(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Act restricted (3.4.1995) by 1994 c. 19, s. 30(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 5

Act restricted (temp. from 6.5.1996 to 31.3.1997) by S.I. 1995/1770, art. 16(a)

Act extended (1.11.1996) by 1996 c. 56, ss. 532, 583(2) (with s. 1(4))

Act applied (1.7.1997) by 1997 c. 23, ss. 1(4), 9(2), Sch. 1 para. 2(c) (with s. 7(3), Sch. 2 para. 6)

Act: transfer of functions (subject to specified exceptions) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C7Act power to apply or incorporate (with modifications) conferred (15.9.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 58(1)-(3), (7)

C8Act power to apply or incorporate (with modifications) conferred (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 54(2)-(5), 157(1); S.I. 2012/1129, art. 2(b)

Commencement Information

I1Act partly in force at Royal Assent see s. 273; Act wholly in force 1.4.1974

Part IE Local Government Areas and Authorities in England

Extent Information

E1Part I (ss. 1-19) extends to England only: see s. 19

New local government areasE

1 New local government areas in England.E

(1)For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2)The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of Schedule 1 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of each Part of that Schedule.

(3)The districts in the metropolitan counties shall be those respectively specified in column 2 of the said Part I and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in that column, and the Secretary of State may by order provide a name for any such district.

(4)The districts in the non-metropolitan counties shall be those respectively specified in one or more orders made by the Secretary of State under paragraph 1 of Schedule 3 to this Act and having the names given to them by one or more orders so made.

(5)Part III of Schedule 1 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6)Subject to Part IV of Schedule 1 to this Act and to any provision corresponding to that Part made by an order under section 254 below, the rural parishes existing immediately before 1st April 1974 shall continue to exist on and after that date by the name of parishes.

(7)The said Part IV shall have effect with respect to the existing rural parishes which by virtue of this Act are comprised in more than one county or more than one metropolitan district.

(8)Part V of Schedule 1 to this Act shall have effect for the purpose of constituting parishes the boundaries of which are determined by reference to those of existing boroughs and urban districts and also, in cases where the areas of such boroughs and urban districts are divided by or under this section between two or more new districts, by reference to the boundaries of the new districts.

(9)The boroughs which by virtue of section 141 of the 1933 Act or section 28 of the M1Local Government Act 1958 are included in rural districts immediately before the passing of this Act shall on the passing of this Act become parishes without ceasing to be boroughs, but shall cease to be boroughs on 1st April 1974.

(10)On that date the following local government areas existing immediately before that date outside Greater London and the Isles of Scilly, that is to say, all administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes, shall cease to exist and the council of every such area which has a council shall also cease to exist.

(11)On that date the municipal corporation of every borough outside Greater London (and the corporation of a borough included in a rural district) shall cease to exist.

(12)In this section “England” does not include the administrative county of Monmouthshire or the county borough of Newport.

Marginal Citations

Principal councilsE

2 Constitution of principal councils in England.E

(1)For every [F1non-metropolitan] county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2)For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

[F2(2A)Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive F3..., the council shall consist of an elected mayor, a chairman and councillors.]

[F4(2B)In such a case, a reference in this Act to a member of a council is a reference to—

(a)the elected mayor of the council,

(b)the chairman of the council, or

(c)a councillor of the council.]

(3)Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name “The County Council” or “The District Council”, as the case may be, with the addition of the name of the particular county or district.

Textual Amendments

F4S. 2(2B) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74(1), 245(2), Sch. 3 para. 2(2)

Modifications etc. (not altering text)

C9S. 2(2A) restricted by 2000 c. 22, s. 9H(5) (as inserted (3.12.2011 for specified purposes, 9.3.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/628, art. 2(a))

C10S. 2(1) excluded (1.4.1996) by S.I. 1995/493, arts. 1, 6(2)

S. 2(1) excluded (1.4.1996) by S.I. 1995/610, arts. 1, 4(2)

S. 2(1) excluded (1.4.1996) by S.I. 1995/1747, arts. 1(2), 3(2)-(6)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1769, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1770, arts. 1, 5(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1771, arts. 1, 8(4)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1772, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1773, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1774, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1775, arts. 1, 8(4)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1776, arts. 1, 8(3)

S. 2(1) excluded (1.4.1997) by S.I. 1995/1779, arts. 1, 3(3)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1863, arts. 1, 6(4)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1865, arts. 1, 6(4)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1866, arts. 1, 6(3)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1867, arts. 1, 5(3)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1868, arts. 1, 6(4)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1875, arts. 1, 6(4)

S. 2(1) excluded (1.4.1998) by S.I. 1996/1876, arts. 1, 5(3)

S. 2(1) applied (with modifications) (temp. from 5.5.1997 to 31.3.1998) by S.I. 1996/1867, art. 20

C20S. 2(2) applied (with modifications) (temp. from 8.5.1995 to 31.3.1996) by S.I. 1995/493, art. 18(a)

S. 2(2) applied (with modifications) (temp. from 8.5.1995 to 31.3.1996) by S.I. 1995/610, art. 15(a)

S. 2(2) applied (with modifications) (temp. from 6.5.1996 to 31.3.1997) by S.I. 1995/1770, art. 16(a)

S. 2(2) applied (with modifications) (temp. from 5.5.1997 to 31.3.1998) by S.I. 1996/1867, art. 20

S. 2(2) applied (with modifications)(temp. from 5.5.1997 to 31.3.1998) by S.I. 1996/1876, art. 13(a)

C26S. 2(2) applied (with modifications) (temp.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 3(4)

C27S. 2(2) applied (with modifications) (temp.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 4(3)(b)

C28S. 2(2) applied (with modifications) (temp.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 3(3)(b)

C29S. 2(3) restricted by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), art. 3(3) (as inserted (31.3.2009) by S.I. 2009/837, art. 6)

C30S. 2(3) restricted by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), art. 3(3) (as inserted (31.3.2009) by S.I. 2009/837, art. 3)

Members of principal councilsE

3 Chairman.E

(1)The chairman of a principal council shall be elected annually by the council from among the councillors.

[F5(1A)A member of the executive of a principal council may not be elected as the chairman of the council.]

(2)The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3)During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(4)The chairman of a district council shall have precedence in the district, but not so as prejudicially to affect Her Majesty’s royal prerogative.

[F6(4A)Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive F7. . . as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply.]

(5)A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Textual Amendments

F7Words in s. 3(4A) omitted (30.12.2007) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 3(2) and repealed (prosp.) by ss. 241, 245, {Sch. 18 Pt. 3} of said Act

Modifications etc. (not altering text)

C34S. 3 applied (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008(S.I. 2008/907), {art. 20(6)}

4 Election of chairman.E

(1)The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2)If, apart from section 3(3) above or section 5(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3)In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

5 Vice-chairman.E

(1)A principal council shall appoint a member of the council to be vice-chairman of the council.

[F8(1A)A member of the executive of a principal council may not be appointed as the vice-chairman of the council.]

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4)A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

6 Term of office and retirement of councillors.E

(1)Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the [F9Representation of the People Act 1983].

(2)For the purposes of the election of councillors—

(a)every [F10non-metropolitan] county shall be divided into electoral divisions, each returning (subject to paragraph 3 of Schedule 3 to this Act [F11and subject to [F12section 56(8) of the Local Democracy, Economic Development and Construction Act 2009][F13and section 12(4) of the Local Government and Public Involvement in Health Act 2007]]) one councillor;

[F14(b)every metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;]

(c)every non-metropolitan district shall be divided into wards, each returning such number of councillors as may be provided [F15as mentioned in subsection (3) below];

and there shall be a separate election for each electoral division or ward.

[F16(3)The number of councillors referred to in subsection (2)(b) or (c) above may be provided—

(a)under or by virtue of the provisions of section 7 below;

(b)by an order under Part 2 of the Local Government Act 1992 (c. 19) [F17or Part 3 of the Local Democracy, Economic Development and Construction Act 2009];

(c)by an order under section 14 of the Local Government and Rating Act 1997 (c. 29);

(d)by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007.]

Textual Amendments

F11Words in s. 6(2)(a) inserted (28.9.2000) by 2000 c. 22, ss. 89(4), 108(2)(a)

F13Words in s. 6(2)(a) inserted (1.11.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 22, 245, Sch. 1 para. 11(2); S.I. 2007/3136, art. 2 (subject to art. 3)

F14S. 6(2)(b) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 58(2), 245

F15Words in s. 6(2)(c) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 5(a)

F16S. 6(3) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 58(3), 245

Modifications etc. (not altering text)

C52S. 6(2)(a) excluded (1.11.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 12(4), 245; S.I. 2007/3136, art. 2(a) (subject to art. 3)

7 Elections of councillors.E

(1)The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2)The ordinary elections of metropolitan district councillors shall take place in 1973, 1975 and every year thereafter other than [F181977 and every fourth year thereafter].

(3)Subject to paragraph 4 of Schedule 3 to this Act, the term of office of metropolitan district councillors shall be four years and one-third of the whole number of councillors in each ward of a metropolitan district, being those who have been councillors for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1975 the newly elected councillors shall come into office on the day on which their predecessors retire.

(4)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[F20Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may [F21direct the Local Government Commission for England to conduct a review and make recommendations] in the light of the request with respect to—

(a)the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b)the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

[F22and the provisions of Part II of the Local Government Act 1992 shall apply accordingly].]

(8)The ordinary elections of non-metropolitan district councillors shall take place—

(a)except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b)where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(9)The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to non-metropolitan district councillors:—

(a)their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;

(b)except where an order is in force providing for the election of councillors by thirds, the whole number of 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 in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and

(c)where such an order is in force, one-third of the whole number of councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

Textual Amendments

F19S. 7(4)-(6) omitted (30.12.2007) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 54(1), 245 (with s. 54(4)-(6)) and repealed (prosp.) by ss. 241, 245, {Sch. 18 Pt. 2} of said Act

Modifications etc. (not altering text)

C54S. 7 excluded (12.4.1994) by S.I. 1994/867, reg. 6(3)

C55S. 7 excluded (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 60(3), 87(1)

8 Constitution and membership of Greater London Council and London borough councils.E

(1)Sections 2 to 7 above shall not apply to F23. . . London borough councils but, subject to subsection (2) below, the provisions of Schedule 2 to this Act shall have effect in relation to them instead.

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24S. 8(2) omitted (30.12.2007) and repealed (prosp.) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 54(2), 241, 245, Sch. 18 Pt. 2 (with s. 54(6))

F25S. 8(3) omitted (30.12.2007) and repealed (prosp.) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 54(2), 241, 245, Sch. 18 Pt. 2 (with s. 54(6))

ParishesE

9Parish meetings and councils.E

(1)For every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment and, subject to the provisions of this Act or any instrument made thereunder, for every parish or group of parishes having a parish council before 1st April 1974 there shall continue to be a parish council.

F26(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subject to any order under [F28section 10 or 11 below [F29Part II of the Local Government Act 1992 or [F30section 86 of the Local Government and Public Involvement in Health Act 2007]]], there shall be a separate parish council for—

(a)every parish which immediately before the passing of this Act was a borough included in a rural district;

(b)every parish which immediately before the passing of this Act was co-extensive with a rural district;

(c)every parish established by paragraph 1 of Part IV of Schedule 1 to this Act;

(d)every parish to which part of another parish is added by paragraph 2 of the said Part IV and which immediately before the passing of this Act had no parish council; and

(e)every parish constituted under Part V of Schedule 1 to this Act.

F31(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An order shall not be made under [F32section 86 of the Local Government and Public Involvement in Health Act 2007] establishing a separate parish council for a parish grouped under a common parish council unless by that order or an order under section 11(4) below the parish is separated from the group or the group is dissolved, and where the group is not dissolved, the order under [F33section 86 of the 2007 Act] shall make such provision as appears to the district council to be necessary for the alteration of the parish council of the group.

Textual Amendments

F26S. 9(2) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F27S. 9(3) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(a))

F28Words in s. 9(4) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 8; S.I. 1992/2371, art. 2

F29Words in s. 9(4) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(3)

F30Words in s. 9(4) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 2(2); S.I. 2008/337, art. 2(b)(c)

F31S. 9(5) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F32Words in s. 9(6) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 2(3)(a); S.I. 2008/337, art 2(b)(c)

F33Words in s. 9(6) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 2(3)(b); S.I. 2008/337, art 2(b)(c)

Modifications etc. (not altering text)

C70S. 9 excluded by S.I. 1979/1123, art. 4(2)

10 Power to dissolve parish councils in small parishes.E

(1)Where the population of a parish having a separate parish council includes not more than 150 local government electors, the parish meeting may apply to the district council [F34London borough council] for the dissolution of the parish council, and thereupon the district council [F34London borough council] may by order dissolve the parish council.

(2)Where an application under this section by a parish meeting is rejected, another such application may not be presented by that meeting within two years from the making of the previous application.

Textual Amendments

F34Words in s. 10(1) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 3(2); S.I. 2008/337, art. 2(c)

Modifications etc. (not altering text)

C71S. 10: functions of local authority not to be responsibility of an executive of the authority (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

S. 10 excluded (7.8.2000 for specified purposes otherwise 26.10.2000) by 2000 c. 22, ss. 11(10), 108(4); S.I. 2000/2187, art. 2(b); S.I. 2000/2849, art. 2(b)

11 Orders for grouping parishes, dissolving groups and separating parishes from groups.E

(1)The parish meeting of a parish may apply to the district council [F35or London borough council] for an order grouping the parish with some neighbouring parish or parishes in the same district [F36or London borough] under a common parish council or by adding the parish to an existing group of such parishes under such a council, and the district council [F35or London borough council]may thereupon make an order accordingly, but subject to subsection (2) below.

(2)Parishes shall not be grouped without the consent of the parish meeting of each of the parishes.

(3)A grouping order shall make the necessary provision—

(a)for the name of the group;

[F37(b)the electoral arrangements that are to apply to the council;]

(c)for the application to the parishes included in the group of all or any of the provisions of [F38sections 298 to 303 of the Charities Act 2011 (parochial charities)] and of any of the provisions of this Act with respect to the custody of parish documents, so as to preserve the separate rights of each parish;

(d)for the dissolution of the separate parish council of any parish included in the group,

and the order may provide for the consent of the parish meeting of a parish being required to any particular act of the parish council, and for any necessary adaptations of this Act to the group of parishes or to the parish meetings of the parishes in the group.

[F39(3A)In this section “electoral arrangements”, in relation to a council, means all of the following—

(a)the year in which ordinary elections of councillors are to be held;

(b)the number of councillors to be elected to the council by each parish;

(c)the division (or not) of any of the parishes, into wards for the purpose of electing councillors;

(d)the number and boundaries of any such wards;

(e)the number of councillors to be elected for any such ward;

(f)the name of any such ward.]

(4)The district council [F40or London borough council] may on the application of the council of a group of parishes or of the parish meeting of any parish included in a group of parishes make an order dissolving the group or separating one or more of those parishes from the group, and an order so made shall make such provision as appears to the district council [F40or London borough council] to be necessary for the election of a parish council for any of the parishes in the group, where it is dissolved, and for any of the parishes separated from the group, where it is not.

(5)Parishes grouped under a common parish council before 1st April 1974 and situated in different districts on and after that date shall, notwithstanding that they are so situated, continue to be grouped under that council—

(a)unless an order is made under F41. . . subsection (4) above or [F42Part II of the Local Government Act 1992][F43or [F44section 86 of the Local Government and Public Involvement in Health Act 2007]] dissolving the group; or

(b)except so far as such an order separates one or more of the parishes from the group;

and any order under [F45subsection (4) above or [F44section 86 of the Local Government and Public Involvement in Health Act 2007]] in relation to any parishes so situated shall be made by the district councils concerned acting jointly.

Textual Amendments

F35Words in s. 11(1) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 4(2)(a); S.I. 2008/337, art. 2(c)

F36Words in s. 11(1) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 4(2)(a); S.I. 2008/337, art. 2(c)

F37S. 11(3)(b) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 4(3); S.I. 2008/337, art. 2(c)

F38Words in s. 11(3)(c) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 22 (with s. 20(2), Sch. 8)

F39S. 11(3A) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 4(4); S.I. 2008/337, art. 2(c)

F40Words in s. 11(4) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 4(5); S.I. 2008/337, art. 2(c)

F41Words in s. 11(5) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 7(a) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F42Words in s. 11(5)(a) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 9; S.I. 1992/2371, art. 2

F43Words in s. 11(5)(a) inserted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 7(b)

F44Words in s. 11(5) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 4(6); S.I. 2008/337, art. 2(c)

F45Words in s. 11(5) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 7(c)

Modifications etc. (not altering text)

C72S. 11 excluded by S.I. 1979/1123, art. 4(2)

S. 11: functions of local authority not to be responsibility of an executive of the authority (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[F4611AGrouping: alternative stylesE

(1)An order under section 11(1) which forms a new group may make the provision set out in subsection (3).

(2)But the order must make that provision in either of these cases—

(a)if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;

(b)if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.

(3)The provision referred to in subsections (1) and (2) is—

(a)provision that each of the parishes in the group shall have an alternative style, or

(b)provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.

(4)Provision made by virtue of subsection (3)(a)—

(a)must provide for each of the parishes to have the same alternative style;

(b)may provide for each of the parishes to have an alternative style which any of them already has;

(c)has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.

(5)An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—

(a)the parishes in the group do not have an alternative style, and

(b)at least one of the parishes which is to be added has an alternative style.

(6)The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.

(7)An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—

(a)the parishes in the group have an alternative style, and

(b)at least one of the parishes which is to be added—

(i)has a different alternative style, or

(ii)does not have any of the alternative styles.

(8)The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.

(9)If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—

(a)“group of communities”;

(b)“group of neighbourhoods”;

(c)“group of villages”.

(10)As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the [F47Local Government Boundary Commission for England];

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council or county council within whose area the parish lies.

Textual Amendments

F46Ss. 11A, 11B inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(2), 245(5); S.I. 2008/337, art. 2(a)

11BDe-grouping: alternative stylesE

(1)This section applies if—

(a)the parishes in a group of parishes have an alternative style, and

(b)an order under section 11(4) dissolves the group or separates one or more parishes from the group.

(2)The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.

(3)In subsection (2) “de-grouped parish” means—

(a)in the case of dissolution of the group, each parish in the group;

(b)in the case of separation of one or more parishes from the group, each parish that is separated.]

Textual Amendments

F46Ss. 11A, 11B inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(2), 245(5); S.I. 2008/337, art. 2(a)

12 Provision supplementary to sections 9 to 11.E

(1)An order made by a district council or district councils [F48or by a London borough council] under section F49. . . 10 or 11 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council or district councils [F50or the London borough council] to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2)When any such order is made, [F51[F52 section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters) shall apply as if—

(i)the reference in subsection (1) to an order under section 7 or 10 of that Act were to an order under section 10 or 11 of this Act; and

(ii)the reference in subsection (5)(b) to any order or regulations under Chapter 1 of Part 1 of that Act were to an order under section 10 or 11 of this Act.]

(3)Two copies of every [F53order under section 10 or 11 above] shall be sent to the Secretary of State.]

Textual Amendments

F48Words in s. 12(1) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 5(2)(a); S.I. 2008/337, art. 2(c)

F49Word in s. 12(1) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 8 (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F50Words in s. 12(1) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 5(2)(b); S.I. 2008/337, art. 2(c)

F51Words in s. 12(2) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 10; S.I. 1992/2371, art. 2

F52Words in s. 12(2) substituted (1.11.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 22, 245, Sch. 1 para. 11(3)(a); S.I. 2007/3136, art. 2 (subject to art. 3)

F53Words in s. 12(3) substituted (1.11.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 22, 245, Sch. 1 para. 11(3)(b); S.I. 2007/3136, art. 2 (subject to art. 3)

[F5412AParishes: alternative stylesE

(1)This section applies to a parish which is not grouped with any other parish.

(2)The appropriate parish authority may resolve that the parish shall have one of the alternative styles.

(3)If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.

(4)A single resolution may provide for a parish—

(a)to cease to have an alternative style, and

(b)to have another of the alternative styles instead.

(5)As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the [F55Local Government Boundary Commission for England];

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council, county council or London borough council within whose area the parish lies.

(6)In this section “appropriate parish authority” means—

(a)the parish council, or

(b)if the parish does not have a parish council, the parish meeting.

Textual Amendments

F54Ss. 12A, 12B inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(3), 245(5); S.I. 2008/337, art. 2(a)

12BGroups of parishes: alternative stylesE

(1)This section applies to a group of parishes.

(2)The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.

(3)If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.

(4)A single resolution may provide for each of the grouped parishes—

(a)to cease to have an alternative style, and

(b)to have the same one of the other alternative styles instead.

(5)If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—

(a)“group of communities”;

(b)“group of neighbourhoods”;

(c)“group of villages”.

(6)As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the [F56Local Government Boundary Commission for England];

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council, county council or London borough council within whose area the group lies.]

Textual Amendments

F54Ss. 12A, 12B inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(3), 245(5); S.I. 2008/337, art. 2(a)

13 Constitution of parish meeting, etc.E

(1)The parish meeting of a parish shall consist of the local government electors for the parish.

(2)Any act of a parish meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting, or, if an instrument under seal is required, by an instrument signed by those persons and sealed with the seal of the parish council in the case of a parish having a separate parish council or the parish trustees in any other case, if that council or those trustees have a seal, or, if they do not, with the seals of those persons.

(3)In a parish not having a separate parish council the chairman of the parish meeting and the proper officer of the district council shall be a body corporate by the name of “the Parish Trustees” with the addition of the name of the parish.

(4)The parish trustees of a parish shall act in accordance with any directions given by the parish meeting.

(5)Notwithstanding anything in any rule of law the parish trustees need not have a common seal, but where they have no seal any act of theirs which requires to be signified by an instrument under seal may be signified by an instrument signed and sealed by the persons who are the parish trustees.

[F57(5A)If the parish has the style of community—

(a)the parish meeting shall have the style of “community meeting”;

(b)the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community.

(5B)If the parish has the style of neighbourhood—

(a)the parish meeting shall have the style of “neighbourhood meeting”;

(b)the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood.

(5C)If the parish has the style of village—

(a)the parish meeting shall have the style of “village meeting”;

(b)the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.]

Textual Amendments

F57S. 13(5A)-(5C) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(4), 245; S.I. 2008/337, art. 2(a)

Modifications etc. (not altering text)

14 Constitution and powers of parish council.E

(1)A parish council shall consist of the chairman and parish councillors and shall have all such functions as are vested in the council by this Act or otherwise.

(2)The parish council shall be a body corporate by the name “The Parish Council” with the addition of the name of the particular parish.

[F58(2A)If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community.

(2B)If the parish has the style of neighbourhood, the council shall be known by the name “The Neighbourhood Council” with the addition of the name of the neighbourhood.

(2C)If the parish has the style of village, the council shall be known by the name “The Village Council” with the addition of the name of the village.

(2D)If parishes are grouped under a common parish council—

(a)subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but

(b)the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.]

(3)Notwithstanding anything in any rule of law, a parish council need not have a common seal, but where a parish council have no seal any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

Textual Amendments

F58S. 14(2A)-(2D) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(5), 245; S.I. 2008/337, art. 2(a)

15 Chairman and vice-chairman of parish council or meeting.E

(1)The chairman of a parish council shall be elected annually by the council from among the [F59elected] councillors.

(2)The election of a chairman shall be the first business transacted at the annual meeting of the parish council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the parish council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3)In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4)The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5)A parish council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6)The parish council may appoint [F60one of the elected members] of the council to be vice-chairman of the council.

(7)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8)During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of parish councillors.

(9)Subject to any standing orders made by the parish council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(10)In a parish not having a separate parish council, the parish meeting shall, subject to any provisions of a grouping order, at their annual assembly elect a chairman for the year who shall continue in office until his successor is elected.

[F61(11)If the parish has the style of community, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the community council”;

(b)“vice-chairman of the community council”.

(12)If the parish has the style of neighbourhood, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the neighbourhood council”;

(b)“vice-chairman of the neighbourhood council”.

(13)If the parish has the style of village, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the village council”;

(b)“vice-chairman of the village council”.

(14)If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.]

Textual Amendments

F59Word in s. 15(1) inserted (1.4.2008 for certain purposes and otherwise prosp.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 76(2)(a), 245; S.I 2008/917, {art. 4}

F60Words in s. 15(6) substituted (1.4.2008 for certain purposes and otherwise prosp.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 76(2)(b), 245; S.I 2008/917, {art. 4}

F61S. 15(11)-(14) inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(6), 245; S.I. 2008/337, art. 2(a)

16 Parish councillors.E

(1)The number of [F62elected] parish councillors for each parish [F63council] [F64shall 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 [F65Representation of the People Act 1983 [F66and relevant electoral arrangements]].

[F67(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.

[F68(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

F62Word in s. 16(1) inserted (1.4.2008 for certain purposes 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}

F63Word 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)

F64Words in s. 16(1) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 9

F66Words 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)

F67S. 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)

F68S. 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)

C74S. 16 excluded (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 60(3), 87(1)

C75S. 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)

[F6916AAppointed councillorsE

(1)A parish council may appoint persons to be councillors of the council.

(2)The Secretary of State may by regulations make provision about—

(a)the appointment of persons under this section;

(b)the holding of office after appointment under this section.

(3)The regulations may, in particular, make provision about any of the following matters—

(a)persons who may be appointed;

(b)the number of persons who may be appointed;

(c)the term of office of persons appointed;

(d)the right of persons appointed to participate in decision-making by the council (including voting);

(e)purposes for which a person appointed is to be treated as an elected councillor;

(f)the filling of vacancies.

(4)In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.

(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F69S. 16A inserted (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 76(4), 245(5); S.I. 2008/917, art. 4

F7017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E

MiscellaneousE

[F7117AAlternative styles: supplementaryE

(1)This section applies for the purposes of sections 9 to 16A.

(2)Alternative style” means one of the following styles—

(a)“community”;

(b)“neighbourhood”;

(c)“village”.

(3)References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of—

(a)a relevant order, or

(b)a resolution under section 12A or 12B.

(4)The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish.

(5)A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style.

(6)A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6).

(7)In this section “relevant order” means an order under—

(a)section 11 of this Act, or

(b)section 86 of the Local Government and Public Involvement in Health Act 2007.]

Textual Amendments

F71S. 17A inserted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 75(8), 245; S.I. 2008/337, art. 2(a)

18 Establishment of new authorities in England.E

Schedule 3 to this Act shall have effect with respect to the division of non-metropolitan counties into districts, the establishment of the new local authorities in England, the suspension of elections of members of existing local authorities there and related matters.

19 Extent of Part I.E

This Part of this Act shall extend to England only.

Part IIW Local Government Areas and Authorities in Wales

Extent Information

E2Part II (ss. 20-38) extends to Wales only: see s. 38

New local government areasW

[F7220 New principal local government areas in Wales.W

(1)For the administration of local government on and after 1st April 1996, the local government areas in Wales shall be—

(a)the new principal areas; and

(b)the communities.

(2)The new principal areas (determined by reference to areas which, immediately before the passing of the Local Government (Wales) Act 1994, are local government areas) are set out in Parts I and II of Schedule 4 to this Act.

(3)Each of the new principal areas shall have the name given to it in Schedule 4.

(4)The new principal areas set out in Part I of Schedule 4 shall be counties and those set out in Part II of that Schedule shall be county boroughs.

(5)In this Act “principal area”, in relation to Wales, means a county or county borough.

(6)The counties which were created by this Act, as originally enacted, as counties in Wales, and the districts within them, shall cease to exist on 1st April 1996 except that the preserved counties shall continue in existence (with, in some cases, modified boundaries) for certain purposes.

(7)The councils of the counties and districts mentioned in subsection (6) above shall cease to exist on 1st April 1996.

(8)The areas of the preserved counties are set out in Part III of Schedule 4 and are determined by reference to local government areas in existence immediately before the passing of the Local Government (Wales) Act 1994.

(9)The Secretary of State may by order change the name by which any of the preserved counties is for the time being known.

(10)Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)The Welsh name of each of the new principal areas is shown in Schedule 4 immediately after its English name.]

Textual Amendments

F72S. 20 substituted (5.7.1994) by 1994 c. 19, ss. 1(1), 66(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Principal councilsW

[F7321 Constitution of principal councils in Wales.E+W

(1)For every principal area in Wales there shall be a council consisting of a chairman and councillors.

[F74(1A)Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive F75..., the council shall consist of an elected mayor, a chairman and councillors.]

[F76(1B)In such a case, a reference in this Act to a member of a council is a reference to—

(a)the elected mayor of the council,

(b)the chairman of the council, or

(c)a councillor of the council.]

(2)Each such council shall be a body corporate and shall have the functions given to them by this Act or otherwise.

(3)Each council for a county in Wales shall have the name of the county with the addition—

(a)in the case of their English name, of the words “County Council” or the word “Council” (as in “Cardiganshire County Council” or “Cardiganshire Council”); and

(b)in the case of their Welsh name, of the word “Cyngor” (as in “Cyngor Sir Aberteifi”).

(4)Each council for a county borough in Wales shall have the name of the county borough with the addition—

(a)in the case of their English name, of the words “County Borough Council” or the word “Council” (as in “Caerphilly County Borough Council” or “Caerphilly Council”); and

(b)in the case of their Welsh name, of the words “Cyngor Bwrdeistref Sirol” or the word “Cyngor” (as in “Cyngor Bwrdeistref Sirol Caerffili” or “Cyngor Caerffili”).

(5)In the case of Abertawe, Caerdydd and Powys subsection (3)(b) above shall have effect as if it required the addition of the words “Cyngor Sir”.]

Textual Amendments

F73S. 21 substituted (20.3.1995) by 1994 c. 19, s. 2 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch.

F74S. 21(1A) inserted (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 4(1)(2)

F76S. 21(1B) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 4(2)

Members of principal councilsW

22 Chairman.E+W

(1)The chairman of a principal council shall be elected annually by the council from among the councillors.

[F77(1A)Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.]

(2)The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3)During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

[F78(4)The chairman of a principal council shall have precedence in the area of that council, but not so as to affect Her Majesty’s prerogative prejudicially.]

[F79(4A)Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive F80... as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.]

F81(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77S. 22(1A) inserted (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 5(1)(2)

F79S. 22(4A) inserted (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 5(1)(3)

Modifications etc. (not altering text)

23 Election of chairman.W

(1)The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2)If, apart from section 22(3) above or section 24(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3)In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

Modifications etc. (not altering text)

C87S. 23 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

24 Vice-chairman.W

(1)A principal council shall appoint a member of the council to be a vice-chairman of the council.

[F82(1A)A member of the executive of a principal council may not be appointed as the vice-chairman of the council.]

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

F83(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82S. 24(6)(1A) inserted (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 6(1)(2)

Modifications etc. (not altering text)

C89S. 24 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

[F8424APresiding memberW

(1)A principal council may determine to have a presiding member.

(2)A presiding member is elected by the principal council from among the councillors.

(3)The principal council may determine—

(a)the functions of the presiding member, and

(b)the term of office of the member (subject to the limits in subsection (6)).

(4)The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.

(5)A member of the executive of a principal council may not be elected as its presiding member.

(6)A presiding member is to continue in office until the occurrence of—

(a)the presiding member's resignation or disqualification,

(b)a successor becoming entitled to act as presiding member,

(c)the principal council determining not to have an office of presiding member, or

(d)an ordinary council election under section 26.

Textual Amendments

24BDeputy presiding memberW

(1)The section applies where a principal council have determined to have a presiding member.

(2)The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).

(3)A member of the executive of a principal council may not be appointed as the deputy presiding member.

(4)A deputy presiding member is to continue in office until the occurrence of—

(a)the deputy presiding member's resignation or disqualification,

(b)a successor becoming entitled to act as deputy presiding member,

(c)the council determining not to have an office of presiding member, or

(d)an ordinary council election under section 26.

(5)A deputy presiding member may do anything authorised or required to be done by the presiding member.]

Textual Amendments

25 Term of office and retirement of councillors.W

(1)Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the [F85Representation of the People Act 1983].

[F86(2)For the purpose of the election of councillors, every principal area in Wales shall be divided into electoral divisions, each returning such number of councillors as may be provided by an order under paragraph 2 of Schedule 5 to this Act or under or by virtue of the provisions of Part IV of this Act [F87or Part 3 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4)].

(3)There shall be a separate election for each electoral division.]

[F8825A Title of chairman or vice-chairman of county borough council.E+W

(1)The chairman of a county borough council is entitled to the style of “mayor” or “maer”.

(2)The vice-chairman of a county borough council is entitled to the style of “deputy mayor” or “dirprwy faer”.]

[F89(3)This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive F90....]

Textual Amendments

F89S. 25A(3) inserted (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 7(1)(2)

[F9125BTitle of civic chairW

(1)This section applies where—

(a)a principal council have determined to have a presiding member under section 24A, and

(b)the chairman of the council is not entitled to the style of “mayor” or “maer”.

(2)The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.

(3)The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.]

Textual Amendments

[F9226 Elections of councillors.W

(1)The ordinary elections of councillors of the new principal councils shall take place in [F932022] and in every fourth year after [F932022].

(2)The term of office of every such councillor shall be four years.

(3)On the fourth day after any such ordinary election—

(a)the persons who were councillors immediately before the election shall retire; and

(b)the newly elected councillors shall assume office.]

CommunitiesE+W

[F9427 Community meetings and continuation of community councils.E+W

(1)A meeting of the local government electors for a community (“a community meeting”) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.

(2)The community councils in existence on 1st April 1996 shall, subject to any provision made under this Act, continue in existence after that date.

(3)Subsection (4) below applies where—

(a)the name of a community was given only in its English form or only in its Welsh form; but

(b)there is a generally accepted alternative form of that name, or alternative name, in Welsh or (as the case may be) in English.

(4)The principal council within whose area the community lies shall, before 1st October 1997, take such steps as may be prescribed with a view to securing that there is both an English and a Welsh name for the community.]

Textual Amendments

[F9527APower of community meeting to apply for an order establishing a community councilE+W.

(1)This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.

(2)The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.

(3)For the purposes of the first condition a decision is only effective if not less than—

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

(b)150 of the electors (if 10% of the electors exceeds 150 electors),

are present and voting at the community meeting.

(4)The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5)The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).

(6)The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.

(7)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.]

Textual Amendments

[F9627BOrders establishing separate community councils for communitiesE+W.

(1)This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.

(2)The principal council must consider whether it is satisfied that—

(a)the conditions in section 27A are met; and

(b)any relevant requirements of Schedule 12 have been met.

(3)If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).

(4)The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.

(5)No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—

(a)the community is separated from the group, or

(b)the group is dissolved,

by the order, or by an order under section 27J or section 27L below.

(6)Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.]

Textual Amendments

[F9727CPower of community meeting to apply for an order dissolving its separate community councilE+W.

(1)This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council.

(2)The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community.

(3)For the purposes of the first condition a decision is only effective if not less than—

(a)30% of the local government electors for the community, or

(b)300 of the electors (if 30% of the electors exceeds 300 electors),

are present and voting at the community meeting.

(4)The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5)The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held).

(6)The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community.

(7)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.]

Textual Amendments

[F9827DOrders dissolving separate community councils for communitiesE+W.

(1)This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community.

(2)The principal council must consider whether it is satisfied that—

(a)the conditions in section 27C are met; and

(b)any relevant requirements of Schedule 12 have been met.

(3)If the council is so satisfied, the council must make the order applied for.]

Textual Amendments

[F9927EPower of community meeting to apply for an order grouping its community with other communities under a common community councilE+W.

(1)This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.

(2)The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.

(3)For the purposes of the first condition a decision is only effective if not less than—

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

(b)150 of the electors (if 10% of the electors exceeds 150 electors),

are present and voting at the community meeting.

(4)The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5)The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held).

(6)The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.

(7)The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council.

(8)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.]

Textual Amendments

[F10027FOrders grouping a community with other communities under a common community councilE+W.

(1)This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.

(2)The principal council must consider whether it is satisfied that—

(a)the conditions in section 27E are met; and

(b)any relevant requirements of Schedule 12 have been met.

(3)If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).

(4)The order shall provide for the name of the group in both an English and a Welsh form.

(5)The order shall—

(a)make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and

(b)provide for the dissolution of the separate community council of any community included in the group.

(6)The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of [F101sections 298 to 303 of the Charities Act 2011 (parochial charities)] and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.

(7)The order may provide for any necessary adaptations of this Act in relation to the group of communities.]

Textual Amendments

F101Words in s. 27F(6) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 23 (with s. 20(2), Sch. 8)

[F10227GPower of community meeting to apply for an order adding its community to a group of communities with a common councilE+W.

(1)This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.

(2)The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.

(3)For the purposes of the first condition a decision is only effective if not less than—

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

(b)150 of the electors (if 10% of the electors exceeds 150 electors),

are present and voting at the community meeting.

(4)The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.

(5)The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group.

(6)For the purposes of the third condition a decision is only effective if not less than—

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

(b)150 of the electors (if 10% of the electors exceeds 150 electors),

are present and voting at the community meeting.

(7)The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group.

(8)The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held).

(9)The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken.

(10)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.]

Textual Amendments

[F10327HOrders adding a community to a group of communities with a common councilE+W.

(1)This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.

(2)The principal council must consider whether is it satisfied that—

(a)the conditions in section 27G are met; and

(b)any relevant requirements of Schedule 12 have been met.

(3)If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).

(4)order shall provide for the name of the group in both an English and a Welsh form.

(5)The order shall—

(a)make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and

(b)provide for the dissolution of any separate community council for the community that is added to the group.

(6)The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of [F104sections 298 to 303 of the Charities Act 2011 (parochial charities)] and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.

(7)The order may provide for any necessary adaptations of this Act in relation to the group of communities.]

Textual Amendments

F104Words in s. 27H(6) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 24 (with s. 20(2), Sch. 8)

[F10527IPower of council for a group of communities to apply for an order dissolving the groupE+W.

(1)This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group.

(2)The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group.

(3)For the purposes of the first condition a decision is only effective if not less than—

(a)30% of the local government electors for the community, or

(b)300 of the electors (if 30% of the electors exceeds 300 electors),

are present and voting at the community meeting.

(4)The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5)The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held).

(6)The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group.

(7)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.]

Textual Amendments

[F10627JOrders dissolving a group of communitiesE+W.

(1)This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group.

(2)The principal council must consider whether is it satisfied that—

(a)the conditions in section 27I are met; and

(b)any relevant requirements of Schedule 12 have been met.

(3)If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).

(4)The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.]

Textual Amendments

[F10727KPower of community meeting to apply for an order separating community from a group of communitiesE+W.

(1)This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group.

(2)The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group.

(3)For the purposes of the first condition a decision is only effective if not less than—

(a)30% of the local government electors for the community, or

(b)300 of the electors (if 30% of the electors exceeds 300 electors),

are present and voting at the community meeting.

(4)The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5)The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held).

(6)The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group.

(7)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.]

Textual Amendments

[F10827LOrders separating a community from a group of communitiesE+W.

(1)This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group.

(2)The principal council must consider whether is it satisfied that—

(a)the conditions in section 27K are met; and

(b)any relevant requirements of Schedule 12 have been met.

(3)If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).

(4)The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.]

Textual Amendments

[F10927MPower of Welsh Ministers to alter voting thresholds in connection with organisation of community councilsE+W.

(1)The Welsh Ministers may by order amend the following provisions of this Act—

(a)section 27A(3) and (6);

(b)section 27C(3) and (6);

(c)section 27E(3) and (6);

(d)section 27G(3), (4), (6) and (7);

(e)section 27I(3) and (6);

(f)section 27K(3) and (6).

(2)That power includes power to amend provision previously made by an order under subsection (1).

(3)No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following—

(a)principal councils in Wales or a body representative of such councils; and

(b)community councils in Wales or a body representative of such councils.

(4)The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.

(5)A statutory instrument which contains an order under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.]

Textual Amendments

F11028 Establishment or dissolution of community councils.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11029 Community councils for groups of communities.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11029A Community councils for groups of communities: dissolution.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11029B Community councils: applications under section 28, 29 or 29A.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

30 Restriction on community applications during and after reviews.E+W

(1)Subject to subsection (3) below, no community application shall be made in relation to any community—

F111(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F113(ba)during the period of two years beginning with the coming into force of an order relating to the community under Part 3 of the Local Government (Democracy) (Wales) Act 2013 consequent on recommendations made under that Part by the Local Democracy and Boundary Commission for Wales]

(c)during the two years beginning with the coming into force of an order made under this Part of this Act on a community application in relation to the community.

F114(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may, on an application made by the [F115the [F116Local Democracy and Boundary Commission for Wales]] at any time when conducting a review F117... [F118or Part 3 of the Local Government (Democracy) (Wales) Act 2013] or on an application by a [F119principal] council at any time when conducting such a review, direct that no community application shall be made in relation to any community affected by the review until the Secretary of State further directs.

(4)Notwithstanding anything in [F120subsection (1)] above but without prejudice to subsection (3) above, the Secretary of State may permit the making of a community application in relation to a community if requested to do so by the council of the [F121area] in which the community is situated or by the community council (if any) or a community meeting of the community.

(5)In this section “community application” means any application [F122referred to in section 27B, 27D, 27F, 27H, 27J or 27L] above.

Textual Amendments

F115Words in s. 30(1)(b)(3) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 11; S.I. 1992/2371, art. 2

F122Words in s. 30(5) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 114(1)(a), 178(2) (with s. 115)

Modifications etc. (not altering text)

C91S. 30(3)(4): power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(a), 163(2)(3)(d) (with s. 156(6))

31 Provision supplementary to sections [F12327A to 27L].E+W

(1)An order made by a [F124principal] council under section [F12527B, 27D, 27F, 27H, 27J or 27L] above may contain such incidental, consequential, transitional or supplementary provision as may appear to the [F124principal] council to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2)Where any such order is made, section [F12644 of the Local Government (Democracy) (Wales) Act 2013 is to apply as if the order were made under Part 3 of that Act.]

(3)Two copies of every such order shall be sent to the Secretary of State.

Textual Amendments

F123Words in s. 31 heading substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 114(1)(b)(i), 178(2) (with s. 115)

F125Words in s. 31(1) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 114(1)(b)(ii), 178(2) (with s. 115)

Modifications etc. (not altering text)

C92S. 31 applied (5.7.1994) by 1994 c. 19, ss. 48(3), 66(2)(a) (with ss. 54(5)(7), 55(5))

C93S. 31(3): power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(a), 163(2)(3)(d) (with s. 156(6))

32 Constitution of community meeting.E+W

(1)A community meeting of a community shall consist of local government electors for the community.

(2)A community meeting may authorise the person presiding and two other local government electors present at the meeting to do anything or any class of things authorised by the meeting.

(3)Any act of a community meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting.

[F12733 Constitution and powers of community councils.E+W

(1)A community council shall be a body corporate consisting of the chairman and community councillors and shall have the functions given to them by this Act or otherwise.

(2)Each community council shall have the name of the community, with the addition—

(a)in English, of the words “Community Council” (as in “Dale Community Council” or “Llandrillo Community Council”); and

(b)in Welsh, of the words “Cyngor Cymuned” (as in “Cyngor Cymuned Dale” or “Cyngor Cymuned Llandrillo”).

(3)A community council need not have a common seal.

(4)Where a community council do not have a seal, any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.]

Textual Amendments

[F12833A Consultation with community councils.E+W

(1)The Secretary of State may by order designate any matter—

(a)for the purposes of subsection (2) below; or

(b)for the purposes of subsection (3) below.

(2)Where a new principal council are to consider any proposal which relates to a matter which is designated for the purposes of this subsection, the council shall—

(a)afford the relevant community councils an opportunity to make representations to them about the proposal;

(b)before making any decision in relation to the proposal, take into account any representations made to them by any relevant community council with respect to the proposal; and

(c)when they take a decision with respect to the proposal, notify without delay any relevant community council by whom any such representations have been made.

(3)If a community council have given written notice to the relevant principal council—

(a)that they wish to be consulted about a specified proposal which is to be considered by the principal council, and which relates to a matter designated for the purposes of this subsection, or

(b)that they wish to be consulted about any proposal which is to be considered by the principal council and which relates to such a matter,

the principal council shall take the steps mentioned in subsection (2) above in relation to that community council.

(4)An order under this section may—

(a)prescribe circumstances (including, in particular, the need to act with urgency) in which subsections (2) and (3) above do not apply;

(b)give the Secretary of State power, in such circumstances as may be prescribed by the order, to provide that in relation to any principal council specified by him, those subsections shall not apply or shall apply only to the extent specified by him.

(5)A contravention of the duty imposed by subsection (2) or (3) above shall not affect the validity of any decision of a principal council or of anything done in pursuance of any such decision.

(6)In this section—

  • relevant community council”, in relation to a principal council, means the council of any community which is, or group of communities which are, within the area of the principal council; and

  • relevant principal council”, in relation to any community council, means the principal council within whose area the community is, or group of communities are, situated.

(7)The power to make an order under this section shall include power—

(a)to make such incidental, consequential, transitional or supplemental provision as the Secretary of State thinks necessary or expedient; and

(b)to make different provision for different areas, including different provision for different localities and for different authorities.]

Textual Amendments

[F12933BPrincipal council's response to a community pollE+W

(1)This section applies where a principal council has been given a notice under paragraph 38B(3) or (5)(a) of Schedule 12 to this Act which contains a determination that a question in relation to which a poll consequent on a community meeting was taken relates to the council's functions.

(2)The council must, during the relevant period, perform one of the actions described in subsection (4).

(3)If the council chooses to perform more than one action, the council may do so during or after the relevant period.

(4)The actions referred to in subsection (2) are as follows—

(a)to exercise the council's functions in accordance with the question in relation to which the poll was taken;

(b)to include the question of what action (if any) the council should take in response to the community poll within the business to be transacted at a meeting of the principal council held within the relevant period (and for this purpose a meeting of a committee or sub-committee of the council does not count);

(c)to initiate a consultation exercise which seeks the views of such members of the public as the council considers appropriate about what action (if any) the council should take in response to the community poll;

(d)to hold a meeting open to members of the public, at such venue as the council considers appropriate, for the purpose of seeking the views of members of the public about what action (if any) the council should take in response to the community poll;

(e)to initiate research for the purpose of assisting the council to decide what action (if any) it should take in response to the community poll;

(f)to refer the question of what action (if any) the council should take in response to the community poll to an overview and scrutiny committee with a request that the committee reports its conclusions to the council.

(5)In this section the “relevant period” means the period of two months beginning on the day following that on which the notice referred to in subsection (1) was given.]

[F13033CPrincipal council's explanation of its response to a community pollE+W

(1)As soon as is reasonably practicable following the end of the relevant period for the purposes of section 33B of this Act, a principal council must take all reasonable steps to give the chairman of, or person who presided at, the community meeting referred to in subsection (1) of that section a notice in writing which—

(a)describes what action the council has taken in response to the community poll to which the notice relates, and

(b)describes what further action (if any) the council intends to take.

(2)If notice cannot be given to the chairman of, or person who presided at, the community meeting—

(a)in the case of a community meeting convened under paragraph 30 of Schedule 12 to this Act, the notice must instead be given to the chairman of the community council for the community;

(b)in the case of a community meeting convened under paragraph 30A of Schedule 12 to this Act, the principal council must instead take all reasonable steps to give notice to each of the individuals who convened the community meeting.

(3)Subject to subsection (5), notice under subsection (2)(b) is to be given by sending the notice to the address given in respect of an individual in the relevant convening notice.

(4)In subsection (3), “relevant convening notice” means the notice given to the council under paragraph 30B of Schedule 12 to this Act which preceded the holding of the community meeting at which the poll in question was demanded.

(5)Where an individual is an anonymous registrant in the register of local government electors (within the meaning of paragraph 29A of Schedule 12 to this Act), the duty under subsection (3) does not apply and notice shall instead be given, and related functions performed, in accordance with sub-paragraphs (4) to (8) of paragraph 29A of Schedule 12 to this Act.

(6)The council must publish the notice on its website for a period of at least six months, beginning with the day on which the notice was given.]

34 Chairman and vice-chairman of community council.E+W

(1)The chairman of a community council shall be elected annually by the council from among the councillors.

(2)The election of a chairman shall be the first business transacted at the annual meeting of the community council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the community council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3)In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4)The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

F131(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A community council may appoint a member of the council to be vice-chairman of the council.

(7)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8)During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of community councillors.

(9)Subject to any standing orders made by the community council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

Textual Amendments

Modifications etc. (not altering text)

35 Community councillors.E+W

(1)Community councillors shall be elected by the local government electors for the community in accordance with this Act and Part I of the [F132Representation of the People Act 1983].

[F133(2)There shall be ordinary elections of community councillors in [F1342022] and in every fourth year thereafter.

(2A)The term of office of the community councillors shall be four years.

(2B)On the fourth day after any such ordinary election—

(a)the persons who were councillors immediately before the election shall retire; and

(b)the newly elected councillors shall assume office.]

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

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

F13536. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

MiscellaneousW

[F13637 Establishment of principal councils in Wales.W

Schedule 5 to this Act shall have effect with respect to the establishment of principal councils in Wales and connected matters.]

Textual Amendments

38 Extent of Part II.W

This Part of this Act shall extend to Wales only.

Part IIIE+W

F13739–45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Part IVE+W Changes in Local Government Areas

Modifications etc. (not altering text)

C95Pt. IV (ss. 46–78) extended with modifications by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 19(5)(6), Sch. 9 para. 3(2)

C96Pt. IV (ss. 46–78) modified by Caldey Island Act 1990 (c. 44, SIF 81:1), s. 4(2)

Proposals by Local Government Boundary Commission for EnglandE+W

F13846. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F13947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14048. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14351. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14452. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Proposals by Local Government Boundary Commission for WalesE+W

F14553 Local Government Boundary Commission for Wales.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14654 Proposals for changes in local government areas in Wales.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14755 Review of local government areas in Wales.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14856 Power of Secretary of State to direct holding of reviews.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14957 Substantive changes in electoral arrangements.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15057AExercise of functions by the Welsh Commission on behalf of principal councilsW.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15158 Commission’s reports and their implementation.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15259 Directions about reviews.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Conduct of reviewsE+W

F15360 Procedure for reviews.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15461 Local inquiries.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Border between England and WalesE+W

F15562. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Initial reviewsE+W

F15663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

64 Review of electoral arrangements for Welsh principal areas.E+W

F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157S. 64 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Supplementary provisionsE+W

F15865 Delegation of functions of Commission.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15966. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F16067 Consequential and transitional arrangements relating to Part IV.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16168 Transitional agreements as to property and finance.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16269 Variation and revocation of orders under Part IV, etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MiscellaneousE+W

70 Restriction on promotion of Bills for changing local government areas, etc.E+W

[F163(1)][F164[F165No] local authority [F166in England][F167, joint authority [F168, economic prosperity board] [F169or combined authority]]F170...] shall have power to promote a bill for forming or abolishing any local government area F171... or for altering, or altering the status or electoral arrangements of, any local government area F171. . .

[F172(2)[F173Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire and Emergency Planning Authority.]]

[F173Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire Commissioner.]

[F174(3)No local authority [F175in England][F176, joint authority [F168, economic prosperity board] [F177or combined authority]] shall have power to promote a Bill for forming, altering or abolishing executive arrangements F178..., or for altering arrangements for electing an elected mayor.]

Textual Amendments

F167Words in s. 70(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 2; S.I 2008/917, {art. 2(1)(p)}

F173S. 70(2) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 36

F174S. 70(3) added (E.) (11.7.2001) by S.I. 2001/2237, art. 3 and (W.) (1.4.2002) by S.I. 2002/808, art. 3

F176Words in s. 70(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 2; S.I 2008/917, {art. 2(1)(p)}

Modifications etc. (not altering text)

C97S. 70 amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(a)

C98S. 70 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(a)

C99S. 70 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

S. 70 extended (3.7.2000) by 1999 c. 29, s. 77(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F17971 Modification of seaward boundaries of local government areas.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

72 Accretions from the sea, etc.E+W

(1)Subject to subsection (3) below, every accretion from the sea, whether natural or artificial, and any part of the sea-shore to the low water-mark, which does not immediately before the passing of this Act form part of a parish shall be annexed to and incorporated with—

(a)in England, the parish or parishes which the accretion or part of the sea-shore adjoins, and

F180(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in proportion to the extent of the common boundary.

(2)Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a parish F181. . . under this section shall be annexed to and incorporated with the district and county in which that parish F181. . . is situated.

F182(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In England, in so far as the whole or part of any such accretion from the sea or part of the sea-shore as is mentioned in subsection (1) above does not adjoin a parish, it shall be annexed to and incorporated with the district which it adjoins or, if it adjoins more than one district, with those districts in proportion to the extent of the common boundary; and every such accretion or part of the sea-shore which is annexed to and incorporated with a district under this section shall be annexed to and incorporated with the county in which that district is situated.

73 Alteration of local boundaries consequent on alteration of water-course.E+W

(1)Where, in the exercise of any power [F183conferred by the conferred by the Water Resources Act 1991, the Land Drainage Act 1991 or] any other enactment, a water-course forming a boundary line between two or more areas of local government [F184 in England] is straightened, widened or otherwise altered so as to affect its character as a boundary line, the drainage board or other persons under whose authority the alteration is made shall forthwith send notice of the alteration to the Secretary of State.

(2)If after consultation with [F185the [F186Local Government Boundary Commission for England]] F187... the Secretary of State is satisfied that, having regard to the alteration specified in the notice, a new boundary line may conveniently be adopted, he may by order declare that such line as may be specified in the order (whether or not consisting wholly or in part of the line of the water-course as altered) shall be substituted for so much of the boundary line as, before the alteration, lay along the line of the water-course; and where such an order is made the limits of the areas of which the water-course, before the alteration, was the boundary shall be deemed to be varied accordingly.

(3)The Secretary of State shall, in such manner as he thinks appropriate, publish notice of any order made by him under this section.

[F188(4)For the purposes of this section a preserved county is an area of local government.]

74 Change of name of county, district or London borough.E+W

(1)Subject to subsection (5) below, the council of a county [F189, county borough], district or London borough may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the county [F189, county borough], district or borough.

(2)Where the name of a district which has been granted the status of a city, borough or royal borough or the name of a London borough is changed in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

[F190(2A)Where a Welsh principal area which has, by charter or other grant or incorporation order, been granted the status of a county borough, city or royal borough subsequently changes the name of the council in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.]

(3)Notice of any change of name made under this section F191. . .—

(a)shall be sent by the council concerned to [F192the relevant Minister], to the Director General of the Ordnance Survey and to the Registrar General; and

(b)shall be published in such manner as [F193the relevant Minister] may direct.

[F194(3A)Where any change of name under this section relates to a Welsh principal area, notice must also be sent to the Local Democracy and Boundary Commission for Wales.]

(4)A change of name made in pursuance of this section F195. . . shall not affect any rights or obligations of any county [F196, county borough], district or London borough or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(5)F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F198(6)F199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)If the name of a Welsh principal area is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.]

[F200(8)In this section the “relevant Minister” is—

(a)in relation to the change of name of a Welsh principal area, the Welsh Ministers, and

(b)in relation to any other change of name, the Secretary of State.]

Textual Amendments

F197S. 74(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

F199S. 74(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Modifications etc. (not altering text)

C100S. 74: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C101S. 74(1) applied (with modifications)(1.8.1995) by S.I. 1995/1748, reg. 7

75 Change of name of parish.E+W

(1)At the request of the parish council or, where there is no parish council, at the request of the parish meeting, the council of the district in which the parish is situated may change the name of the parish.

(2)Notice of any change of name made under this section—

(a)shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b)shall be published by the district council in the parish and elsewhere in such manner as they consider appropriate.

(3)A change of name made in pursuance of this section shall not affect any rights or obligations of any parish or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

Modifications etc. (not altering text)

C102S. 75: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

76 Change of name of community.E+W

(1)At the request of the community council or, where there is no community council, at the request of a community meeting, the council of the [F201principal area] in which the community is situated may change the name of the community.

(2)Notice of any change of name made under this section F202. . . —

(a)shall be sent by the [F203principal] council concerned to the [F204Welsh Ministers, to the Local Democracy and Boundary Commission for Wales,] to the Director General of the Ordnance Survey and to the Registrar General; and

(b)shall be published by the [F203principal] council in the community and elsewhere in such manner as they consider appropriate.

(3)A change of name made in pursuance of this section F205. . . shall not affect any rights or obligations of any community or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

[F206(4)If the name of any community is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.]

F20777. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

78 Supplementary.E+W

(1)In this Part of this Act—

  • local government area” includes the City, the Inner Temple and the Middle Temple;

  • F209...

  • F208...

F210(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F211(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VE+W General Provisions as to Members and Proceedings of Local Authorities

Qualifications and disqualificationsE+W

79 Qualifications for election and holding office as member of local authority.E+W

(1)A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority F212. . . if he is a [F213qualifying Commonwealth citizen] or a citizen of the Republic of Ireland [F214or a relevant citizen of the Union] and on the relevant day he has attained the age of [F215eighteen] years and—

(a)on that day he is and thereafter he continues to be a local government elector for the area of the authority; or

(b)he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or

(c)his principal or only place of work during that twelve months has been in that area; or

(d)he has during the whole of those twelve months resided in that area; or

(e)in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

(2)In this section “relevant day”, in relation to any candidate, means—

(a)except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and

(b)in the said excepted case, the day of election.

[F216(2A)In this section the expression “citizen of the Union” shall be construed in accordance with [F217Article 20(1) of the Treaty on the Functioning of the European Union], and “relevant citizen of the Union” means such a citizen who is not a [F218qualifying] Commonwealth citizen or a citizen of the Republic of Ireland.]

F219(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F220(2B)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(2C)But a person is not a qualifying Commonwealth citizen by virtue of subsection (2B)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]

Textual Amendments

F212Words in s. 79(1) omitted (30.12.2007) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 5(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

F214Words in s. 79(1) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(1)

F216S. 79(2A) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(1)

Modifications etc. (not altering text)

C113S. 79 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 79 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 79 applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

C114S. 79: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 79: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

C115Ss. 79-82 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

C116Ss. 79-82 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

80 Disqualifications for election and holding office as member of local authority.E+W

(1)Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority F221. . . if he—

(a)holds any paid office or employment (other than the office of chairman, vice-chairman [F222, deputy chairman, presiding member or deputy presiding member] [F222[F223or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]) appointments [F224or elections] to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a F225. . . joint committee [F226or National Park authority] on which the authority are represented or by any person holding any such office or employment; or

[F227(aa)holds any employment in a company which, in accordance with Part V of the Local Government and Housing Act 1989 other than section 73, is under the control of the local authority; or]

[F228(b)is the subject of a bankruptcy restrictions order [F229or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986];]

F230(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

[F231(e)is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee [F232under [F233the Audit Commission Act 1998]], and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992.]

(2)Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of—

(a)a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

(b)a joint board [F234, joint authority ][F235economic prosperity board, combined authority,]F236... or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

[F237(2AA)A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—

(a)one or more persons appointed on the nomination of the Authority acting by the Mayor, and

(b)one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,

shall be disqualified for being elected or being a member of any of those London borough councils.]

[F238(2AB)A person who is employed by or under the direction of a strategic planning panel is disqualified for being elected or being a member of a local authority which is a constituent local planning authority in relation to that panel (within the meaning of paragraph 3(3) of Schedule 2A to the Planning and Compulsory Purchase Act 2004).]

[F239(2A)Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

(2B)For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.]

[F240(3)Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.]

F241(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of subsection (1) F242. . . (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the F242. . . conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the F242. . . conviction, F242. . ..

F243(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F221Words in s. 80(1) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 241, 245(2), Sch. 3 para. 6(2), Sch. 18 Pt. 3

F223Words in s. 80(1)(a) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 8; S.I. 2000/2849, art. 2(e)

F224Words in s. 80(1)(a) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 5(b) and (W.) (1.4.2002) by S.I. 2002/808 {art. 5(b)}

F226Words in s. 80(1)(a) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F228S. 80(1)(b) substituted (1.4.2004) by Enterprise Act 2002 (c. 40), ss. 267(1), 279; S.I. 2003/2093, art. 2(2), Sch. 2 (with transitional provisions in arts. 3-8 (as amended by S.I. 2003/2332))

F231S. 80(1)(e) substituted (4.3.1996) by S.I. 1996/263, reg. 7(7)

F232S. 80(1)(e): by 2000 c. 22, s. 107(1)(2), 108(3)(b)(c)(i), Sch. 5 para. 8, Sch. 6; S.I. 2002/1718, art. 2 it is provided that the words "or under the Audit Commission Act 1998" are repealed (27.7.2002 with application as mentioned in art. 1(2) of the commencing S.I.)

F233Words in s. 80(1)(e) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 3(1)

F236Words in s. 80(2)(b) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(b); S.I. 2015/994, art. 6(g)

F237S. 80(2AA) inserted (8.5.2000) by 1999 c. 29, s. 69 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F238S. 80(2AB) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 1 para. 3

F239S. 80(2A)(2B) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F240S. 80(3) substituted (1.9.1999) by S.I. 1999/2267, regs. 1, 9

Modifications etc. (not altering text)

C115Ss. 79-82 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

C116Ss. 79-82 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C117S. 80 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 80 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 80 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch. Pt. I

C118S. 80: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 80: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

C120S. 80 applied by 1959 c. xlvi s. 11(2) (as substituted (15.1.2014) by Humber Bridge Act 2013 (c. vi), s. 1(1), Sch. 1 para. 1)

C121S. 80(1)(a) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(b)

C122S. 80(1)(a) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(b)

C123S. 80(1)(b)(d)(5) applied (4.3.1996) by S.I. 1996/263, reg. 7(6)

C124S. 80(2)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(b)

C125S. 80(2)(b) modified by S.I. 1987/2110, art. 2, Sch. 1 para. 3(b)

81 Exceptions to provisions of section 80.E+W

(1)F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F245Where a person is disqualified under section 80 above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.]

F246(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Section 80(2) and (3) above shall not operate so as to disqualify—

(a)any person by reason of his being a teacher, or otherwise employed, in a school, F248. . . or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council; or

F249(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F244S. 81(1) repealed (1.4.2004) by Enterprise Act 2002 (c. 40), ss. 267(2), 278, 279, Sch. 26; S.I. 2003/2093, art. 2(2), Sch. 2 (with transitional provisions in arts. 3-8 (as amended by S.I. 2003/2332))

F245It is provided that s. 81(2) is repealed by virtue of Enterprise Act 2002 (c. 40), ss. 267(2), 278, 279, Sch. 26; the repeals purportedly relating to sections 81(1) and 82(2) coming into force on 1.4.2004 by virtue of S.I. 2003/2093 {art. 2(2)}, Sch. 2 (with transitional provisions in arts. 3-8 (as amended by S.I. 2003/2332))

F247S. 81(3A) repealed by London Regional Transport Act 1984 (c. 32, SIF 126),s. 71(3)(b), Sch. 7

Modifications etc. (not altering text)

C115Ss. 79-82 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

C116Ss. 79-82 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C126S. 81 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 81: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 81 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C127S. 81 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 81: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C128S. 81(1)(2) applied (4.3.1996) by S.I. 1996/263, reg. 7(6)

82 Validity of acts done by unqualified persons.E+W

[F250(1)]The acts and proceedings of any person elected to an office under this Act [F251or elected or appointed to an office under Part F252. . . IV of the Local Government Act 1985][F253or elected as elected mayor or executive leader] and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

[F254(2)Subsection (1) above shall have effect, in relation to the Broads Authority, as if the reference to this Act included a reference to the Norfolk and Suffolk Broads Act 1988.]

Textual Amendments

F253Words in s. 82(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 6 and (W.) (1.4.2002) by S.I. 2002/808, art. 6

Modifications etc. (not altering text)

C115Ss. 79-82 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

C116Ss. 79-82 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C130S. 82 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 4

C131S. 82 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 82 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 82 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C132S. 82: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 82: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

Acceptance, resignation and vacation of office, and casual vacanciesE+W

83 Declaration of acceptance of office.E+W

(1)The person elected to any of the following offices, that is to say, the office of chairman, vice-chairman, [F255presiding member, deputy presiding member,] F256. . . councillor [F257or elected mayor] of the council of a county [F258, county borough], district or London borough F259. . . shall not, unless he has made a declaration of acceptance of office in a form prescribed by [F260an order made by the Secretary of State], and the declaration has within two months from the day of the election been delivered to the proper officer of the council, act in the office except for the purpose of taking such a declaration.

(2)If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3)The declaration shall be made before either—

(a)two members of the council to which the declarant is elected; or

[F261(aa)an elected mayor of the council to which the declarant is elected; or]

(b)the proper officer of the council; or

(c)a justice of the peace or magistrate in the United Kingdom, the Channel Isles or the Isle of Man; or

(d)a commissioner appointed to administer oaths in the [F262Senior Courts].

F263(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person elected to the office of chairman of a parish or community council or parish or community councillor shall—

(a)in the case of the chairman, at the meeting at which he is elected;

(b)in the case of a councillor, before or at the first meeting of the parish or community council after his election; or

(c)in either case if the council at that meeting so permit, before or at a later meeting fixed by the council;

make in the presence of a member of the council or of the proper officer of the council and deliver to the council a declaration of acceptance of office in a form prescribed by [F260an order made by the Secretary of State], and if he fails to do so his office shall thereupon become vacant.

(5)Any person before whom a declaration is authorised to be made under this section may take the declaration.

Textual Amendments

F256Words repealed by S.I. 1977/1710, art. 3(c)

F257Words in s. 83(1) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 9(1)(2); S.I. 2000/2849, art. 2(e)

F261S. 83(3)(aa) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 9(1)(3); S.I. 2000/2849, art. 2(e)

Modifications etc. (not altering text)

C137S. 83 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 84(2)(b), 86(9)

S. 83 excluded (27.11.2001temp. until 27.7.2002) by S.I. 2001/3576, art. 3(1)(b)

84 Resignation.E+W

[F264(1)]A person elected to any office under this Act [F265or elected as an elected mayor]may at any time resign his office by written notice delivered—

(a)except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;

(b)in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;

(c)in the case of a parish or community councillor, to the chairman of the parish or community council;

(d)in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;

and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.

[F266(2)A person elected or appointed to an office under Part F267. . . IV of the Local Government Act 1985 may at any time resign his office by written notice delivered to the proper officer of the authority of which he is a member and his resignation shall take effect upon the receipt of the notice by that officer.]

Textual Amendments

F265Words in s. 84(1) inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 10(1)(2); S.I. 2000/2849, art. 2(e)

Modifications etc. (not altering text)

C139S. 84 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 84: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 84 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C140S. 84 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 84: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C141S. 84 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

C142S. 84 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C143S. 84(2) amended by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 2

C144S. 84(2) modified by S.I. 1987/2110, art. 2(2) Sch. 1 para. 4

85 Vacation of office by failure to attend meetings.E+W

(1)Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

(2)Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, or who were appointed to advise the authority on any matter relating to the discharge of their functions, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

[F268(2A)Subject to subsections (2B) and (3), if a member of a local authority which are operating executive arrangements, who is also a member of the executive of that local authority, fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the executive, he shall, unless the failure was due to some reason approved by the local authority before the expiry of that period, cease to be a member of the local authority.

(2B)For the purposes of this section—

(a)the discharge by a member, acting alone, of any function which is the responsibility of the executive; and

(b)in respect of a mayor and cabinet executive or leader and cabinet executive, attendance as a member at a meeting of a committee of the executive,

shall each be deemed to be attendance at a meeting of the executive.]

(3)A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority [F269or of a failure to attend meetings of the executive] if the failure is due to that employment.

[F270(3A)Any period during which a member of a local authority is suspended or partially suspended under section 66, F271[F272... 73, 78 F271...] or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) [F273or (2A)] above (and, accordingly, a period during which a member fails to attend meetings of the authority [F274or, as the case may be, meetings of the executive] that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).]

[F275(3B)Subsections (3C) and (3D) apply for the purpose of calculating the period of six consecutive months under subsection (1) or (2A).

(3C)Any period during which a member of a local authority in Wales is exercising a right to absence under Part 2 of the Local Government (Wales) Measure 2011 is to be disregarded.

(3D)The following two periods are to be treated as consecutive—

(a)the period during which a member of a local authority in Wales fails to attend meetings of the authority or, as the case may be, meetings of the executive that falls immediately before the period described in subsection (3C), and

(b)the period that falls immediately after the period described in subsection (3C).]

[F276(4)In this section “local authority” includes a joint authority [F277, an economic prosperity board] [F278and a combined authority] F279. . .]

Textual Amendments

F268S. 85(2A)(2B) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(a) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(a)

F269Words in s. 85(3) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(b) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(b)

F270S. 85(3A) inserted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in W. and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 9; S.I. 2000/3335, art. 2

F271Words in s. 85(3A) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F272Words in s. 85(3A) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 201(4)(a), 245; S.I. 2008/172, art. 4(l)

F273Words in s. 85(3A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(c)(i) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(c)(i)

F274Words in s. 85(3A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(c)(ii) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(c)(ii)

Modifications etc. (not altering text)

C146S. 85: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 85: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

C147S. 85 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 8 (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C148S. 85 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

C149S. 85 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C151S. 85(1) applied by 1959 c. xlvi s. 11(2) (as substituted (15.1.2014) by Humber Bridge Act 2013 (c. vi), s. 1(1), Sch. 1 para. 1)

C154S. 85(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(c)

86 Declaration by local authority of vacancy in office in certain cases.E+W

[F280(1)]Where a member of a local authority—

(a)ceases to be qualified to be a member of the authority; or

(b)becomes disqualified for being a member of the authority otherwise than [F281under section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of], a conviction or a breach of any provision of Part II of the M2[F282Representation of thePeople Act 1983]; or

(c)ceases to be a member of the authority by reason of failure to attend meetings of the authority;

the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.

[F283(2)In this section “local authority” includes a joint authority [F284, an economic prosperity board] [F285and a combined authority] F286 . . .]

Textual Amendments

Modifications etc. (not altering text)

C155S. 86: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C158S. 86(2) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(d)

C159S. 86(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(d)

Marginal Citations

87 Date of casual vacancies.E+W

(1)For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

(a)in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(b)in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered;

(c)in the case of death, on the date of death;

(d)in the case of a disqualification [F287by virtue of a] conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the F288... conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

(e)in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

[F289(ee)in the case of a disqualification under section F290... 79 of the Local Government Act 2000 [F291or section 34 of the Localism Act 2011 or], on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision [F292or order ] under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;]

(f)in the case of a person ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to [F293(ee)] above, or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be; and

F294(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Public notice of a casual vacancy in any such office as is referred to in subsection (1) above shall be given by the local authority in which the office exists; and the steps required to be taken to give public notice in accordance with section 232 below shall be taken—

(a)in a case where the local authority declare the office to be vacant, immediately after the declaration; and

(b)in any other case, as soon as practicable after the date on which, by virtue of subsection (1) above, the vacancy is deemed to have occurred.

F295(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F289S. 87(1)(ee) inserted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 11(a); S.I. 2000/3335, art. 2

F290Words in s. 87(1)(ee) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F291Words in s. 87(1)(ee) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(11)(a), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F292Words in s. 87(1)(ee) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(11)(b), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F293Words in s. 87(1)(f) substituted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 11(b); S.I. 2000/3335, art. 2

F294S. 87(1)(g) repealed by S.I. 1977/1710, art. 3(c)

Modifications etc. (not altering text)

C160S. 87: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

88 Filling of casual vacancy in case of chairman, etc.E+W

(1)On a casual vacancy occurring in the office of chairman of any council F296. . ., an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date, then not later than the next following ordinary meeting of the council, and shall be conducted in the same manner as an ordinary election.

(2)F297. . . , a meeting of the council for the election may be convened by the proper officer of the authority.

F298(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In a parish not having a separate parish council, a casual vacancy in the office of chairman of the parish meeting shall be filled by the parish meeting, and a parish meeting shall be convened for the purpose of filling the vacancy forthwith.

Textual Amendments

F296Words repealed by S.I. 1977/1710, art. 3(c)

Modifications etc. (not altering text)

C162S. 88(1)(2) applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 88(1)(2): certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C163S. 88(1)(2) applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1.

S. 88(1)(2): certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

C164S. 88(1)(2) 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

C165S. 88(1)(2) applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

89 Filling of casual vacancies in case of councillors.E+W

(1)Subject to the provisions of this section, on a casual vacancy occurring in the office of councillor for any principal area, an election to fill the vacancy shall be held—

(a)in a case in which the High Court or the council have declared the office to be vacant, within [F299thirty-five days] (computed in accordance with section 243(4) below) from the date of the declaration;

(b)in any other case, within [F299thirty-five days] (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area.

(2)The day of election to fill a casual vacancy in any office mentioned in subsection (1) above shall be fixed by the returning officer F300. . .

(3)Where a casual vacancy in any such office occurs within six months before the day on which the councillor whose office is vacant would regularly have retired, an election shall not be held under subsection (1) above unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

F301(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where more than one casual vacancy in the office of councillor of a district in which councillors are elected by thirds is filled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have first retired, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have next retired and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot.

(5)Where an election to fill one or more casual vacancies in the office of councillor of any such district is combined with an ordinary election of councillors, the following provisions shall apply—

(a)where an election is contested—

(i)the persons who are elected by the smallest numbers of votes, or if any relevant votes are equal such persons as are determined by lot, shall be deemed elected to fill the casual vacancies;

(ii)if the persons elected to fill the casual vacancies will hold office for different periods, the person elected by the smallest number of votes or, if the relevant votes are equal, such person as is determined by lot, shall hold office for the shorter period, and so with respect to the others;

(b)where the election is not contested—

(i)those declared elected (if fewer than the vacancies to be filled) shall be deemed elected to fill the vacancies in which they will hold office for the longest periods;

(ii)where there are two or more persons declared elected and they are to fill vacancies in which they will hold office for different periods, any retiring councillors elected shall be deemed elected to fill the vacancies in which they will hold office for the longest period, and the question which of the persons declared elected who are not retiring councillors is to be deemed elected to fill any of the vacancies not filled by retiring councillors shall be determined by lot.

(6)A casual vacancy among parish or community councillors shall be filled by election or by the parish or community council in accordance with rules made under [F302section 36 of the Representation of the People Act 1983].

(7)Where under this section any question is required to be determined by lot—

(a)in the case of a contested election, the lot shall be drawn by the returning officer immediately after the question has arisen; and

(b)in any other case, the lot shall be drawn at the next meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

Textual Amendments

F299Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), ss. 19(6)(c), 29 (by S.I. 1985/1080, art. 4(5) it is provided that the amendment made by s. 19(6)(c) shall not have effect for the purposes of any vacancy which occurred before 16.2.87)

Modifications etc. (not altering text)

C167S. 89 modified (8.3.1995) by S.I. 1995/610, art. 9(4)

S. 89 applied (with modifications)(1.11.1995) by S.I. 1995/1747, art. 2

S. 89 applied (with modifications)(12.7.1995) by S.I. 1995/1769, art. 12(2)

S. 89 modified (12.7.1995) by S.I. 1995/1770, art. 14(3); S.I. 1995/1771, art. 11(2); S.I. 1995/1772, art. 10(2); S.I. 1995/1773, art. 10(3); S.I. 1995/1774, art. 10(3); S.I. 1995/1775, art. 11(2); S.I. 1995/1776, art. 10(2); S.I. 1995/1779, art. 11(2)

S. 89 applied (with modifications)(1.3.1996) by S.I. 1996/507, art. 10(2)

S. 89 applied (with modifications)(19.7.1996) by S.I. 1996/1865, art. 8(2); S.I. 1996/1866, art. 8(2); S.I. 1996/1867, art. 11(2); S.I. 1996/1868, art. 8(2); S.I. 1996/1875, art. 9(2); S.I. 1996/1876, art. 12(2); S.I. 1996/1878, art. 11(2); S.I. 1996/1879, art. 15(2)

C188S. 89(3) applied (with modifications) (13.3.2004) by The Local Elections (Ordinary Day of Election 2004) Order 2004 (S.I. 2004/222), art. 3(a)

90 Term of office of persons filling casual vacancies.E+W

A person elected or appointed under the foregoing provisions of this Act in England or Wales [F303or under Part F304. . . IV of the Local Government Act 1985] to fill any casual vacancy F305. . . shall hold office until the date upon which the person in whose place he is elected [F303or appointed] would regularly have retired, and he shall then retire.

Textual Amendments

F305Words in s. 90 repealed (22.4.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 1}

Modifications etc. (not altering text)

C191S. 90 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 4

91 Temporary appointment of members of parish and community councils.E+W

(1)Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council [F306or Welsh principal council] may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office.

(2)In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, the reference in subsection (1) above to the district council shall be construed as a reference to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(3)Two copies of every order made under this section shall be sent to the Secretary of State.

Textual Amendments

Modifications etc. (not altering text)

C192S. 91: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Proceedings for disqualificationE+W

92 Proceedings for disqualification.E+W

(1)Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

(a)in the High Court or a magistrates’ court if that person so acted;

(b)in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

(2)Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

(a)if the proceedings are in the High Court, the High Court may—

(i)make a declaration to that effect and declare that the office in which the defendant has acted is vacant;

(ii)grant an injunction restraining the defendant from so acting;

(iii)order that the defendant shall forfeit to Her Majesty such sum as the court think fit, not exceeding £50 for each occasion on which he so acted while disqualified;

(b)if the proceedings are in a magistrates’ court, the magistrates’ court may, subject to the provisions of this section, convict the defendant and impose on him a fine not exceeding [F307level 3 on the standard scale] for each occasion on which he so acted while disqualified.

(3)Where proceedings under this section are instituted in a magistrates’ court, then—

(a)if the court is satisfied that the matter would be more properly dealt with in the High Court, it shall by order discontinue the proceedings;

(b)if the High Court, on application made to it by the defendant within fourteen days after service of the summons, is satisfied that the matter would be more properly dealt with in the High Court, it may make an order, which shall not be subject to any appeal, requiring the magistrates’ court by order to discontinue the proceedings.

(4)Where in proceedings instituted under this section in the High Court it is proved that the defendant claims to act as a member of a local authority and is disqualified for so acting, the court may make a declaration to that effect and declare that the office in which the defendant claims to be entitled to act is vacant and grant an injunction restraining him from so acting.

(5)No proceedings shall be instituted against a person otherwise than under this section on the ground that he has, while disqualified for acting as a member of a local authority, so acted or claimed to be entitled so to act.

(6)For the purposes of this section a person shall be deemed to be disqualified for acting as a member of a local authority—

(a)if he is not qualified to be, or is disqualified for being, a member of the authority; or

(b)if by reason of failure to make and deliver the declaration of acceptance of office within the period required, or by reason of resignation or failure to attend meetings of the local authority, he has ceased to be a member of the authority.

[F308(7)In this section “local authority” includes a joint authority [F309, an economic prosperity board and a combined authority]F310. . .; and in relation to a joint authority [F311, an economic prosperity board or a combined authority] the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.]

F312(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F313(8)In relation to the Broads Authority, the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.]

Textual Amendments

Modifications etc. (not altering text)

C198S. 92 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

S. 92: certain functions transferred (subject to modifications) (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.

S. 92 applied (1.4.1996) by 1995 c. 25, s. 19, Sch. 5 Pt. I para. 3(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 92 applied (with modifications)(19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 7(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 92 applied (4.3.1996) by S.I. 1996/263, reg. 7(6)

S. 92 applied (with modifications)(14.12.1999) by 1999 c. 29, s. 23 (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

C199S. 92 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 92: certain functions transferred (subject to modifications) (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C201S. 92 applied in part (with modifications) (7.7.2005) by The North Northamptonshire Joint Committee Order 2005 (S.I. 2005/1552), art. 6(2)

C204S. 92 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

C206S. 92 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C207S. 92(7) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(e)

C208S. 92(7) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(e)

Restrictions on votingE+W

F31493. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F31594 Disability of members of authorities for voting on account of interest in contracts, etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31595 Pecuniary interests for purposes of section 94.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31596 General notices and recording of disclosures for purposes of section 94.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31597 Removal or exclusion of disability, etc. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31598Interpretation of sections 95 and 97.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Meetings and proceedingsE+W

99 Meetings and proceedings of local authorities.E+W

The provisions of Schedule 12 to this Act shall have effect with respect to the meetings and proceedings of local authorities [F316, joint authorities, [F317economic prosperity boards, combined authorities,]F318.... . . F319. . . ] and their committees, parish meetings and their committees and community meetings.

Textual Amendments

Modifications etc. (not altering text)

C211S. 99 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

S. 99: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1

C212S. 99 applied (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. 1

S. 99: certain functions transferred (subject to modifications) (10.1.1992) by S.I. 1991/2913, arts. 6, 8, Sch. Sch.1

S. 99 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(1)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 99 applied (with modifications) (11.12.1995) by: S.I. 1995/3218, art. 2, Sch. para. 20(1); S.I. 1995/3229, art. 2, Sch. para. 20(1); S.I. 1995/3230, art. 2, Sch. para. 20(1)

S. 99 applied (with modifications) (5.12.1995) by: S.I. 1995/3132, art. 2, Sch. para. 20(1); S.I. 1995/3133, art. 2, Sch. para. 20(1)

Ss. 94-99 applied (with modifications) (5.12.1995) by S.I. 1995/3127,