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Arnold-Baker on Local Council Administration, Ninth Edition Chapter 7: Meetings and Procedure of a Local Council

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Arnold-Baker on Local Council Administration, Ninth Edition Chapter 7: Meetings and Procedure of a Local Council Arnold-Baker on Local Council Administration, Ninth Edition Chapter 7: Meetings and Procedure of a Local Council To order your copy of Arnold-Baker on Local Council Administration, Ninth Edition, visit www.lexisnexis.co.uk or call 0845 370 1234 0001 [ST: 53] [ED: 100000] [REL: 2013] (Beg Group) Composed: Wed Jun 5 07:02:35 EDT 2013 XPP 8.4C.1 SP #1 SC_00LAW nllp ABL VER: [SC_00LAW-Master:14 Jan 13 10:00][MX-SECNDARY: 28 May 13 07:54][TT-: 19 Jan 11 08:07 loc=gbr unit=abl_binder_01_01_0007]0 Chapter 7 MEETINGS AND PROCEDURE OF A LOCAL COUNCIL A NUMBER, DATE AND TIME 7.1 A local council must meet annually. In an election year this annual meeting must take place on the day when the councillors take office, or within 14 days thereafter. In any other year it may be held on any day in May. In addition a parish, but not a community1, council must meet on at least three other occasions during the year2 and may hold as many further meetings as it pleases. Such meetings may be held by virtue of a standing order, or they may be specially convened. A meeting may be adjourned for any reasonable length of time but after the resumption it can consider only the remainder of the agenda being considered before the adjournment. A meeting cannot be adjourned to a date after the next regular meeting, because its minutes cannot then be completed in time, nor before an election to a date after the new councillors come into office, because the new councillors will not have received the old agenda. A local council may meet at any time of day but the annual meeting is held at 6 pm if no other time has been fixed for it3. 1 Local Government Act 1972, Sch 12, para 8. There is no equivalent Welsh provision. 2 LGA 1972, Sch 12, paras 10(1) and 26(1). 3 LGA 1972, Sch 12, paras 7 and 23. B PLACE OF MEETING 7.2 Meetings may not take place in licensed premises (see 24.5 below) unless no other suitable room is available free of charge or at reasonable cost1. If the council owns a suitable room in the locality which it can use free of charge, meetings must be held there; if not, then at all reasonable times and after reasonable notice, the council may use free of charge a room in any school maintained by the local education authority or any room maintainable out of any rate, but a room in a dwelling-house cannot be required for the purpose nor may a meeting be held so as to interfere with the hours in which a room is needed for education, justice or police2. 53 0002 [ST: 53] [ED: 100000] [REL: 2013] Composed: Wed Jun 5 07:02:35 EDT 2013 XPP 8.4C.1 SP #1 SC_00LAW nllp ABL VER: [SC_00LAW-Master:14 Jan 13 10:00][MX-SECNDARY: 28 May 13 07:54][TT-: 19 Jan 11 08:07 loc=gbr unit=abl_binder_01_01_0007]0 7.2 Meetings and procedure of a local council It is generally inappropriate for a council to meet in a room in private house. The room may be of inadequate size and not compliant with rules or good practice relating to health and safety, public liability, disabled access and facilities for the press. It also may give the impression that the council is a private body. Subject to the foregoing a council may meet outside its locality3. The local council or parish meeting must make good the cost of any expenses or damage incurred as a result of the meeting4. Before 1894 the vestry could meet in the church or vestry unless the Vestries Act 1850 had been applied to the parish by order. English parish councils (or, where there is no parish council, the parish meeting) inherited the rights of their respective vestries as they stood in 18945. 1 Local Government Act 1972, Sch 12, paras 7 and 23. 2 LGA 1972, s 134(1)–(3). 3 LGA 1972, Sch 12, paras 10(1) and 26(1). 4 LGA 1972, s 134(4). 5 Local Government Act 1894, ss 6(1), 19 and 75(1). C RIGHT TO CONVENE 7.3 There is a distinction between ordinary and extraordinary meetings. An ordinary meeting is called by the clerk in pursuance of statutory rules or under standing orders, and includes a meeting convened by him to elect a chairman when a casual vacancy has arisen in the chair1. An extraordinary meeting is one specially called. The chairman may convene an extraordinary meeting of the council at any time2, and unless it by standing order otherwise directs, the vice-chairman may do so in the absence of the chairman3. In addition if two members sign a requisition that the council be convened and the chairman (or vice-chairman as the case may be) either refuses or neglects to do so for seven days, then any two members may convene1. The two convening members need not be the same as the requisitioning members. 1 Local Government Act 1972, Sch 12, paras 8 and 24 and s 88(2). 2 LGA 1972, Sch 12, paras 9 and 25. For special meetings to appoint honorary freemen see 5.15 above. 3 LGA 1972, ss 15(9) and 34(9). D PUBLIC NOTICES AND AGENDA Notice 7.4 At least three clear days before a meeting of the council (excluding the days of issue and meeting, Sundays, the days of the Christmas, Easter and bank holiday breaks and days appointed for public thanksgiving or mourning1)a notice of the time and place of the meeting must be affixed in some conspicuous place in the locality. If the meeting is called by councillors, they must sign it and it must specify the business to be transacted at the meeting2; if the business includes a statutory resolution under the Local Government 54 0003 [ST: 53] [ED: 100000] [REL: 2013] Composed: Wed Jun 5 07:02:35 EDT 2013 XPP 8.4C.1 SP #1 SC_00LAW nllp ABL VER: [SC_00LAW-Master:14 Jan 13 10:00][MX-SECNDARY: 28 May 13 07:54][TT-: 19 Jan 11 08:07 loc=gbr unit=abl_binder_01_01_0007]0 Confidence and admission of strangers 7.6 Superannuation Acts the terms of the resolution and the fact that it will be moved must be set out in the notice, which must be exhibited 28 clear days before the meeting3. For meetings to consider certain auditors’ reports see 18.15–19 below. 1 Local Government Act 1972,s 243. 2 Local Government Act 1972, Sch 12, paras 10(2)(a) and 26(2)(a). 3 Local Government Pension Scheme Regulations 1995, SI 1995/1019, reg B1(i) and Sch A1(i). (The latter defines “statutory resolution”.) Agenda 7.5 A similar period before the meeting a summons signed by the clerk must be left at or sent by post to the usual residence of every member of the council1 (including the retiring chairman and vice-chairman after an ordinary election even if they have failed to secure re-election). This must specify the business which it is proposed to transact1 in such a way that the member who receives it can identify the matters which he will be expected to discuss. A council cannot lawfully decide any matter which is not specified in the summons2. It is a common practice to send agendas (and accompanying documents) by email. NALC advises its members that the summons may be served electronically so long as the relevant email contains the electronic signature and title of the proper officer and the council has first passed a resolution authorising service of the summons by electronic means. Some agendas conclude with the item ‘Any Other Business’. Since this conceals rather than specifies the business, if any, to which it relates no decisions may lawfully be made on business brought up for discussion under it, unless the council has at a previous meeting passed a standing order which permits business left over from a previous meeting to be discussed under this head. There is, however, no objection to matters being discussed under the heading of ‘Any Other Business’ which involve no more than an exchange of information. The author’s view is that an agenda should not include “Any Other Business” to avoid the possibility of decisions being taken unlawfully. 1 Local Government Act 1972, Sch 12, paras 10(2)(b) and 26(2)(b). 2 Longfield Parish Council v Wright (1918) 88 LJ Ch 119. E CONFIDENCE AND ADMISSION OF STRANGERS 7.6 A meeting of a council must be open to the public and the press. They can be excluded only by a resolution if publicity would prejudice the public interest by reason of the confidential nature of the business or for some other reason stated in the resolution and arising out of the business to be transacted. The power to exclude1 is not exercisable generally but only for a particular occasion. The press has no greater right to be present than the public, but it is entitled, on payment, to copies of the agenda. The council must also give the press facilities for taking their reports and (unless the meeting place is not owned by the council) for telephoning them. These rules apply equally to committees of the council2. 55 0004 [ST: 53] [ED: 100000] [REL: 2013] Composed: Wed Jun 5 07:02:35 EDT 2013 XPP 8.4C.1 SP #1 SC_00LAW nllp ABL VER: [SC_00LAW-Master:14 Jan 13 10:00][MX-SECNDARY: 28 May 13 07:54][TT-: 19 Jan 11 08:07 loc=gbr unit=abl_binder_01_01_0007]0 7.6 Meetings and procedure of a local council In few cases is there any good reason for excluding the press or the public from meetings, and in still fewer is it necessary to impose secrecy upon the members.
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