Part I Local Government Areas and Authorities in England

New local government areas

1 New local government areas in England.

(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 newlocal 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 newdistricts, by reference to the boundaries of the newdistricts.

(9)The boroughs which by virtue of section 141 of the 1933 Act or section 28 of the Local 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 areasexisting 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.

Principal councils

2 Constitution of principal councils in England.

(1)For every non-metropolitancounty 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.

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

(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.

Members of principal councils

3 Chairman.

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

(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.

(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. . . 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.

4 Election of chairman.

(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.

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

(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.

(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 Representation of the People Act 1983 .

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

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

(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 as mentioned in subsection (3) below ;

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

(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)or 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.

7 Elections of councillors.

(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 1977 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(7)Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may direct 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;

and 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.

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

(1)Sections 2 to 7 above shall not apply to . . . 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.

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

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

Parishes

9Parish meetings and councils.

(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.

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

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

(4)Subject to any order under section 10 or 11 below Part II of the Local Government Act 1992 or section 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.

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

(6)An order shall not be made under section 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 section 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.

10 Power to dissolve parish councils in small parishes.

(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 London borough council for the dissolution of the parish council, and thereupon the district council London 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.

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

(1)The parish meeting of a parish may apply to the district council or London borough council for an order grouping the parish with some neighbouring parish or parishes in the same districtor 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 or 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;

(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 sections 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.

(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 or 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 or 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 . . . subsection (4) above or Part II of the Local Government Act 1992or section 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 subsection (4) above or section 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.

11AGrouping: alternative styles

(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 Local 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.

11BDe-grouping: alternative styles

(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.

12 Provision supplementary to sections 9 to 11.

(1)An order made by a district council or district councils or by a London borough council under section . . . 10 or 11 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council or district councils or 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, 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 order under section 10 or 11 above shall be sent to the Secretary of State.

12AParishes: alternative styles

(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 Local 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.

12BGroups of parishes: alternative styles

(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 Local 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.

13 Constitution of parish meeting, etc.

(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.

(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.

14 Constitution and powers of parish council.

(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.

(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.

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

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

(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.

16 Parish councillors.

(1)The number of elected parish councillors for each parish councilshall 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 Representation of the People Act 1983and relevant electoral arrangements .

(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.

(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.

16AAppointed councillors

(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.

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

17AAlternative styles: supplementary

(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.

18 Establishment of new authorities in England.

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

19 Extent of Part I.

This Part of this Act shall extend to England only.

Part II Local Government Areas and Authorities in Wales

New local government areas

20 New principal local government areas in Wales.

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

(a)the newprincipal areas; and

(b)the communities.

(2)The newprincipal 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 newprincipal areas shall have the name given to it in Schedule 4.

(4)The newprincipal 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 newprincipal areas is shown in Schedule 4 immediately after its English name.

Principal councils

21 Constitution of principal councils in Wales.

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

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

(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”.

Members of principal councils

22 Chairman.

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

(1A)A member of the executive of a principal council, or an assistant to the executive, 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 principal council shall have precedence in the area of that council, but not so as to affect Her Majesty’s prerogative prejudicially.

(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... 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.

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

23 Election of chairman.

(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.

24 Vice-chairman.

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

(1A)A member of the executive of a principal council, or an assistant to the executive, 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24APresiding member

(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, or an assistant to the executive, 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.

24BDeputy presiding member

(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, or an assistant to the executive, 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.

25 Term of office and retirement of councillors.

(1)Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act , Part 1 of the Representation of the People Act 1983, and Part 1 of the Local Government and Elections (Wales) Act 2021 .

(2)For the purpose of the election of councillors, every principal area in Wales shall be divided into electoral wards, 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 Actor Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013, or by regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021.

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

25A Title of chairman or vice-chairman of county borough council.

(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”.

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

25BTitle of civic chair

(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”.

26 Elections of councillors.

(1)The ordinary elections of councillors of the newprincipal councils shall take place in 2022 and in every fifth year after 2022.

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

Communities

27 Community meetings and continuation of community councils.

(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.

27APower of community meeting to apply for an order establishing a community council

(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.

27BOrders establishing separate community councils for communities

(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.

27CPower of community meeting to apply for an order dissolving its separate community council

(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.

27DOrders dissolving separate community councils for communities

(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.

27EPower of community meeting to apply for an order grouping its community with other communities under a common community council

(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.

27FOrders grouping a community with other communities under a common community council

(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 sections 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.

27GPower of community meeting to apply for an order adding its community to a group of communities with a common council

(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.

27HOrders adding a community to a group of communities with a common council

(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 sections 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.

27IPower of council for a group of communities to apply for an order dissolving the group

(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.

27JOrders dissolving a group of communities

(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.

27KPower of community meeting to apply for an order separating community from a group of communities

(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.

27LOrders separating a community from a group of communities

(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.

27MPower of Welsh Ministers to alter voting thresholds in connection with organisation of community councils

(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.

28 Establishment or dissolution of community councils.

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

29 Community councils for groups of communities.

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

29A Community councils for groups of communities: dissolution.

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

29B Community councils: applications under section 28, 29 or 29A.

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

30 Restriction on community applications during and after reviews.

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

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

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

(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 Democracy and Boundary Commission Cymru etc. Act 2013 consequent on recommendations made under that Part by the Democracy and Boundary Commission Cymru

(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.

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

(3)The Secretary of State may, on an application made by the Democracy and Boundary Commission Cymru at any time when conducting a review ... under Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 or on an application by a principal 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 subsection (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 area 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 referred to in section 27B, 27D, 27F, 27H, 27J or 27L above.

31 Provision supplementary to sections 27A to 27L .

(1)An order made by a principal council under section 27B, 27D, 27F, 27H, 27J or 27L above may contain such incidental, consequential, transitional or supplementary provision as may appear to the principal 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 44 of the Democracy and Boundary Commission Cymru etc. 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.

32 Constitution of community meeting.

(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.

33 Constitution and powers of community councils.

(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.

33A Consultation with community councils.

(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 newprincipal 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.

33BPrincipal council's response to a community poll

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33CPrincipal council's explanation of its response to a community poll

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34 Chairman and vice-chairman of community council.

(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.

(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.

35 Community councillors.

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

(2)There shall be ordinary elections of community councillors in 2022 and in every fifth year thereafter.

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

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

37 Establishment of principal councils in Wales.

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

38 Extent of Part II.

This Part of this Act shall extend to Wales only.

Part III

39–45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Changes in Local Government Areas

Proposals by Local Government Boundary Commission for England

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals by Local Government Boundary Commission for Wales

53 Local Government Boundary Commission for Wales.

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

54 Proposals for changes in local government areas in Wales.

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

55 Review of local government areas in Wales.

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56 Power of Secretary of State to direct holding of reviews.

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57 Substantive changes in electoral arrangements.

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

57AExercise of functions by the Welsh Commission on behalf of principal councils

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

58 Commission’s reports and their implementation.

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59 Directions about reviews.

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Conduct of reviews

60 Procedure for reviews.

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61 Local inquiries.

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Border between England and Wales

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Initial reviews

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64 Review of electoral arrangements for Welsh principal areas.

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Supplementary provisions

65 Delegation of functions of Commission.

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

66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67 Consequential and transitional arrangements relating to Part IV.

(1)The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2)Regulations under this section may in particular include, in addition to any provision made by virtue of section 255 below, provision of general application with respect to—

(a)the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;

(b)the functions or areas of jurisdiction of any public body, justice of the peace other than a District Judge (Magistrates’ Courts), coroner, custos rotulorum, lord-lieutenant, lieutenant, high sheriff and other officers (including police officers) , and the functions of any District Judge (Magistrates’ Courts),within any area affected by any such order, and the costs and expenses of such public bodies and persons as aforesaid;

(c)the transfer of legal proceedings;

and may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of an Act, an instrument made under an Act or a charter.

(3)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5)Any such order may also include provision with respect to—

(a)the name of any altered area;

(b)the constitution , election and membership of public bodies in any area affected by the order;

(c)the total number of councillors, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas and the first election of councillors for any new or altered electoral area;

(d)without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;

(e)without prejudice to paragraph (c) above, the order of retirement of councillors for any such electoral area;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order.

(5A)Without prejudice to subsection (5), an order under section 58 which makes provision altering any police areas may make provision as to who is to be a police and crime commissioner, including—

(a)provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

(5B)Such an order which includes provision within subsection (5A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.

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

68 Transitional agreements as to property and finance.

(1)Any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act or by an order under section 162 of the Local Government (Wales) Measure 2011 may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2)The agreement may provide—

(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c)for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3)In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator may provide for any matter for which an agreement under this section might have provided.

(4)Any sum required to be paid by a public body in pursuance of an agreement or award under this section may be paid out of such fund or rate as may be specified in the agreement or award, or if no fund or rate was specified, either out of the fund or rate from which the general expenses of the public body are defrayed, or out of such fund or rate as the public body may direct.

(5)For the purposes of paying any capital sum required to be paid by a public body in pursuance of any such agreement or award—

(a)a local authority may borrow without the approval of the Secretary of State, but so that the sum borrowed shall be repaid within such period as the authority with the consent of the Secretary of State may determine;

(b)any other public body having power under any enactment or any instrument made under any Act to borrow may borrow under that enactment or instrument; and

(c)a public body having no power under any enactment or any such instrument to borrow may be empowered by an order made by the Secretary of State to borrow in such manner and in accordance with such conditions as may be provided by the order.

(6)(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Any agreement or award under this section which relates to the profits of local taxation licences shall, so far as it so relates, be carried out in accordance with regulations made by the Secretary of State.

(9)Subsection (8) above shall apply to—

(a)an adjustment made under section 151 of the 1933 Act, whether as originally enacted or as applied by any other enactment or any instrument made under any Act; and

(b)an adjustment made under section 32 or 62 of the Local Government Act 1888, whether as originally enacted or as so applied, and consequent on an alteration of areas effected after 31st March 1930;

as it applies in relation to an agreement or award under this section.

69 Variation and revocation of orders under Part IV, etc.

(1)The power conferred by section 266 below to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2)The Secretary of State or Welsh principal council proposing to make any such varying or revoking order shall prepare a draft of the order, shall send copies of the draft to such local or public authorities as appear to him or them to be concerned, and shall give public notice, in such manner as appears to him or them sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at a place specified in the notice and that representations with respect to the draft may be made to him or them within two months of the publication of the notice.

(3)The Secretary of State or Welsh principal council shall consider any representations duly made with respect to the draft and may, if he or they think fit, make an order either in the form of the draft or subject to modifications.

(4)The Secretary of State or a Welsh principal council may cause a local inquiry to be held with respect to the draft and section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this subsection by a . . . council with the substitution for references to a Minister of references to the council.

(5)Any supplementary provision contained in an order made by a Minister of the Crown under any of the following enactments (being enactments making provision corresponding to some or all of the foregoing provisions of this Part of this Act), that is to say—

(a)section 46 of the Local Government Act 1929;

(b)Part VI of the 1933 Act;

(c)Part II of the Local Government Act 1958;

(d)section 6 of the 1963 Act;

(e)any enactment repealed by the 1933 Act and corresponding to any enactment in the said Part VI;

may be varied or revoked by an order made by the Secretary of State, and subsections (2) to (4) above shall apply in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(6)Any supplementary provision contained in an order made under any of the enactments mentioned in subsection (5) above by any predecessor of a Welsh principal council may be varied or revoked in relation to any Welsh principal area to which or part of which that provision relates by an order made by the council of that area, and subsections (2) to (4) above shall apply with all necessary modifications in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(7)In this section “supplementary provision” means any such provision as could be made by an order under this Part of this Act by virtue of section 67 above or section 255 below.

Miscellaneous

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

(1)Nolocal authorityin England, joint authority, economic prosperity board, combined authority or combined county authority... shall have power to promote a bill for forming or abolishing any local government area ... or for altering, or altering the status or electoral arrangements of, any local government area . . .

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

(3)No local authorityin England, joint authority, economic prosperity board, combined authority or combined county authority shall have power to promote a Bill for forming, altering or abolishing executive arrangements..., or for altering arrangements for electing an elected mayor.

71 Modification of seaward boundaries of local government areas.

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72 Accretions from the sea, etc.

(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

(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 . . . under this section shall be annexed to and incorporated with the district and county in which that parish . . . is situated.

(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.

(1)Where, in the exercise of any power conferred 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 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 the Local Government Boundary Commission for England ... 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.

(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.

(1)Subject to subsection (5) below, the council of a county, 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, 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.

(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 . . .—

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

(b)shall be published in such manner as the relevant Minister may direct.

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

(4)A change of name made in pursuance of this section . . . shall not affect any rights or obligations of any county, 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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.

(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.

75 Change of name of parish.

(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.

76 Change of name of community.

(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 principal 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 . . . —

(a)shall be sent by the principal council concerned to the Welsh Ministers, to the Democracy and Boundary Commission Cymru, to the Director General of the Ordnance Survey and to the Registrar General; and

(b)shall be published by the principal council in the community 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 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.

(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.

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78 Supplementary.

(1)In this Part of this Act—

• “electoral arrangements” means—

  (a)

  in relation to a principal area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of councillors, the number of councillors to be elected for any electoral area in that principal area and the name of any electoral area;

  (b)

  in relation to a parish or community council or a common parish or community council, the number of councillors, the question whether the parish or community or any parish or community, as the case may be, should or should not be or continue to be divided into wards for the purpose of the election of councillors, the number and boundaries of any such wards, the number of councillors to be elected for any such ward or in the case of a common parish or community council for each parish or community and the name of any such ward;

  (c)

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

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .

• “substantive change” has the meaning assigned to it by section 54(1)(e) above.

(2)In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State, the Welsh Commission and every Welsh principal council anddistrict council shall so far as is reasonably practicable comply with the rules set out in Schedule 11 to this Act.

Part V General Provisions as to Members and Proceedings of Local Authorities

Qualifications and disqualifications

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

(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 ... if he is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or , in the case of a local authority in England, a qualifying EU citizen or an EU citizen with retained rightsor, in the case of a local authority in Wales, a qualifying foreign citizen and on the relevant day he has attained the age of eighteen 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.

(2A)In this section “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).

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

(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).

(2D)For the purposes of this section, a person is a qualifying foreign citizen if the person—

(a)is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and

(b)either—

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

(ii)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.

(2E)But a person is not a qualifying foreign citizen by virtue of subsection (2D)(b)(i) if the person 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).

80 Disqualifications for election and holding office as member of a local authority in England .

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

(a)holds any paid office or employment (other than the office of chairman, vice-chairman , deputy chairman, presiding member or deputy presiding memberor, 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 or 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 ... joint committee or National Park authority on which the authority are represented or by any person holding any such office or employment; or

(b)is the subject of a bankruptcy restrictions order or 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;

(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

(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 under the 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.; or

(f)is incapable of being elected to or holding—

(i)the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

(ii)the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence);

(2)Subject to the provisions of section 81 below, a paid officer of a local authorityin England 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 , joint authorityeconomic prosperity board, combined authority,, combined county authority... 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.

(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.

(2AB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(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.

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

(5)For the purposes of subsection (1) ... (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the ... 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 ... conviction, ....

(5A)See also section 81A (disqualification relating to sexual offences etc (England)).

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

80ADisqualification for election or being a member of a local authority in Wales

(1)A person is disqualified for being elected or being a member of a local authority in Wales if—

(a)the person is the subject of—

(i)a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016;

(ii)a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989;

(b)the person is disqualified for being elected or for being a member of the authority under Part 3 of the Representation of the People Act 1983 (corrupt or illegal practices);

(ba)the person is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) 1962 (c. 14) (corrupt or illegal practices);

(c)the person is subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003;

(d)the person has a relevant criminal conviction.

(2)A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person's election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine.

(3)A person is not disqualified under subsection (1)(c) at any time before the end of the ordinary period allowed for making—

(a)an appeal or application in respect of the conviction or finding to which the notification requirements relate;

(b)an appeal in respect of the order.

(4)A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction.

(5)A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution.

(6)A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales.

80BDisqualification for being a member of a local authority in Wales and holding local office or employment

(1)A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member).

(2)A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83.

(3)Subsections (4), (5) and (6) apply where a person is elected as a member of a local authority in Wales and resigns from the relevant paid office or employment for the purpose of taking office as a member.

(4)The resignation terminates the holding of the paid office or employment with immediate effect.

(5)Any notice requirement in the terms and conditions under which the paid office or employment is held has no effect.

(6)Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week's notice) does not apply.

(7)This section does not apply to a person who is disqualified for being elected or being a member of a local authority under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).

80CPaid office or employment to which disqualification applies

(1)For the purposes of section 80B “a relevant paid office or employment” is a paid office or employment appointment or election to which is or may be made or confirmed by—

(a)the local authority to which the person was elected a member;

(b)a committee or sub-committee of the local authority;

(c)a joint committee or National Park authority on which the local authority is represented; ...

(ca)a corporate joint committee established in relation to the area of the local authority; or

(d)a holder of a paid office or employment of the kind described in paragraphs (a), (b) ,(c) or (ca).

(2)But a relevant paid office or employment in subsection (1) does not include the office of—

(a)chairman, vice-chairman, presiding member or deputy presiding member, or

(b)in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.

(3)Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection.

(4)Where the holder of a relevant paid office in a local authority in Wales (“local authority A”) is employed under the direction of—

(a)a committee or sub-committee of local authority A any member of which is appointed on the nomination of another local authority in Wales (“local authority B”), or

(b)a joint board, a National Park authority, or joint committee on which local authority A is represented and any member of which is appointed on the nomination of local authority B,

section 80B applies in respect of the person's membership of local authority B.

(5)For the purposes of this section, a local authority is represented on a National Park authority if it is entitled to appoint a member of the local authority as a member of the National Park authority.

81 Exceptions to provisions of section 80.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where 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.

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

(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, . . . 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

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

81ADisqualification relating to sexual offences etc (England)

(1)A person is disqualified for being elected or being a member of a local authority in England if the person is subject to—

(a)any relevant notification requirements, or

(b)a relevant order.

(2)In this section “relevant notification requirements” means—

(a)the notification requirements of Part 2 of the Sexual Offences Act 2003;

(b)the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;

(c)the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;

(d)the notification requirements of Schedule 1 to the Criminal Justice Act 2001(an Act of Tynwald: c. 4).

(3)In this section “relevant order” means—

(a)a sexual harm prevention order under section 345 of the Sentencing Code;

(b)a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;

(c)a sexual offences prevention order under section 104 of that Act;

(d)a sexual risk order under section 122A of that Act;

(e)a risk of sexual harm order under section 123 of that Act;

(f)a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;

(g)a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;

(h)a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;

(i)a child protection order under Article 11 of that Law;

(j)a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;

(k)a risk of sexual harm order under section 22 of that Law;

(l)a sexual offences prevention order under section 1 of the Sex Offenders Act 2006(an Act of Tynwald: c. 20);

(m)a risk of sexual harm order under section 5 of that Act.

(4)For the purposes of subsection (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—

(a)the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or

(b)if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

(5)For the purposes of subsection (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—

(a)the expiry of the ordinary period allowed for making an appeal against the relevant order, or

(b)if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

82 Validity of acts done by unqualified persons.

(1)The acts and proceedings of any person elected to an office under this Act or elected or appointed to an office under Part . . . IV of the Local Government Act 1985or 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.

(2)Subsection (1) above shall have effect, in relation to the BroadsAuthority, as if the reference to this Act included a reference to the Norfolk and Suffolk Broads Act 1988.

Acceptance, resignation and vacation of office, and casual vacancies

83 Declaration of acceptance of office.

(1)The person elected to any of the following offices, that is to say, the office of chairman, vice-chairman, presiding member, deputy presiding member, . . . councillor or elected mayor of the council of a county, county borough , district or London borough . . . shall not, unless he has made a declaration of acceptance of office in a form prescribed by an 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

(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 Senior Courts .

(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 an 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.

84 Resignation.

(1)A person elected to any office under this Act or 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.

(2)A person elected or appointed to an office under Part . . . 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.

85 Vacation of office by failure to attend meetings.

(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.

(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 authorityor of a failure to attend meetings of the executive if the failure is due to that employment.

(3A)Any period during which a member of a local authority is suspended or partially suspended under section 66, ... 73, 78 ... or 79 of the Local Government Act 2000, or suspended under section 31(4) of the Elections Act 2022, shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) or (2A) above (and, accordingly, a period during which a member fails to attend meetings of the authorityor, 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).

(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).

(4)In this section “local authority” includes a joint authority, an economic prosperity board, a combined authority and a combined county authority. . .

86 Declaration by local authority of vacancy in office in certain cases.

(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 under section 80A(1)(c) of this Act, 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 Representation of the People Act 1983, or by virtue of an order under section 30 of the Elections Act 2022 ; 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.

(2)In this section “local authority” includes a joint authority, an economic prosperity board, a combined authority and a combined county authority ...

87 Date of casual vacancies.

(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 by virtue of a conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the ... 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;

(da)in the case of disqualification of a member of a local authority in Wales under paragraph (c) of section 80A(1), on the date on which the person becomes disqualified under that paragraph;

(db)in the case of a disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);

(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;

(ee)in the case of a disqualification under section ... 79 of the Local Government Act 2000or 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 or 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 (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

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A)In a case where subsection (1)(db) and one or both of subsections (1)(d) and (1)(da) apply in relation to a vacancy, the vacancy is to be deemed to have occurred on the date mentioned in subsection (1)(db).

(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.

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

88 Filling of casual vacancy in case of chairman, etc.

(1)On a casual vacancy occurring in the office of chairman of any council . . ., 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). . . , a meeting of the council for the election may be convened by the proper officer of the authority.

(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.

89 Filling of casual vacancies in case of councillors.

(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 thirty-five days (computed in accordance with section 243(4) below) from the date of the declaration;

(b)in any other case, within thirty-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 . . .

(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.

(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 section 36 of the Representation of the People Act 1983in the case of a parish council or, in the case of a community council, made under section 36A of the 1983 Act .

(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.

90 Term of office of persons filling casual vacancies.

A person elected or appointed under the foregoing provisions of this Act in England or Walesor under Part . . . IV of the Local Government Act 1985 to fill any casual vacancy . . . shall hold office until the date upon which the person in whose place he is elected or appointed would regularly have retired, and he shall then retire.

91 Temporary appointment of members of parish and community councils.

(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 or 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.

Proceedings for disqualification

92 Proceedings for disqualification.

(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 level 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.

(7)In this section “local authority” includes a joint authority, an economic prosperity board, a combined authority and a combined county authority ... ; and in relation to a joint authority, an economic prosperity board, a combined authority or a combined county 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.

(7A)This section applies to a corporate joint committee as it applies to a local authority and, in relation to a corporate joint committee, the reference in subsection (1) to a local government elector for the area concerned is to be construed as a reference to a local government elector for any local government area in the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In relation to the BroadsAuthority, 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.

Restrictions on voting

93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94 Disability of members of authorities for voting on account of interest in contracts, etc.

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

95 Pecuniary interests for purposes of section 94.

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

96 General notices and recording of disclosures for purposes of section 94.

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

97 Removal or exclusion of disability, etc.

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

98Interpretation of sections 95 and 97.

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

Meetings and proceedings

99 Meetings and proceedings of local authorities.

The provisions of Schedule 12 to this Act shall have effect with respect to the meetings and proceedings of local authorities, joint authorities, economic prosperity boards, combined authorities,combined county authorities,.... ... and their committees, parish meetings and their committees and community meetings.

100 Admission of public and press to local authority committee meetings.

(1)For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as “the 1960 Act”) shall have effect subject to the following provisions of this section.

The Public Bodies (Admission to Meetings) Act 1960 (“the 1960 Act”) has effect in relation to meetings of committees of local authorities, subject to subsection (2).

(2)Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply . . . to any committee appointed by one or more local authorities under section 102 below, not being a committee falling within section 2(1) of the 1960 Actor section 100E(3)(a) or (b) below (whether or not by virtue of section 100J below) .

(3)Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.

Part VA Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.

100A Admission to meetings of principal councils.

(1)A meeting of a principal council shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

(2)The public shall be excluded from a meeting of a principal council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(3)For the purposes of subsection (2) above, “confidential information” means—

(a)information furnished to the council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b)information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4)A principal council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 100I below.

(5)A resolution under subsection (4) above shall—

(a)identify the proceedings, or the part of the proceedings, to which it applies, and

(b)state the description, in terms of Schedule 12A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section does not require the meeting to be open to the public during proceedings to which the resolution applies.

(5A)Where the public are excluded from a meeting of a principal council in England under subsection (2) or (4), the council may also prevent any person from reporting on the meeting using methods—

(a)which can be used without that person’s presence at the meeting, and

(b)which enable persons not present at the meeting to see or hear the proceedings at the meeting as it takes place or later.

(6)The following provisions shall apply in relation to a meeting of a principal council, that is to say—

(a)public notice of the time and place of the meeting shall be given by posting it at the offices of the council five clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b)while the meeting is open to the public, the council shall not have power to exclude members of the public from the meeting; and

(c)subject to subsection (7D), while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

(7)Subject to subsection (7A) nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(7A)While a meeting of a principal council in England is open to the public, any person attending is to be permitted to report on the meeting.

(7B)Subsection (7A) does not require a principal council in England to permit oral reporting or oral commentary on a meeting as it takes place if the person reporting or providing the commentary is present at the meeting.

(7C)A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.

(7D)Subsection (7C) applies in place of subsection (6)(c) in the case of a principal council in England.

(7E)Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.

(7F)Publication and dissemination may take place at the time of the meeting or occur after the meeting.

(8)This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

(9)In this section “reporting” means—

(a)filming, photographing or making an audio recording of proceedings at a meeting,

(b)using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or

(c)reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.

100A Admission to meetings of principal councils.

(1)A meeting of a principal council shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

(2)Where a meeting is open to the public, the public shall be excluded from a meeting of a principal council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(3)For the purposes of subsection (2) above, “confidential information” means—

(a)information furnished to the council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b)information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4)Where a meeting is open to the public, a principal council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 100I below.

(5)A resolution under subsection (4) above shall—

(a)identify the proceedings, or the part of the proceedings, to which it applies, and

(b)state the description, in terms of Schedule 12A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section does not require the meeting to be openthe meeting is not to be open to the public during proceedings to which the resolution applies.

(5A)Where the public are excluded from a meeting of a principal council in England under subsection (2) or (4), the council may also prevent any person from reporting on the meeting using methods—

(a)which can be used without that person’s presence at the meeting, and

(b)which enable persons not present at the meeting to see or hear the proceedings at the meeting as it takes place or later.

(6)The following provisions shall apply in relation to a meeting of a principal council, that is to say—

(a)in relation to a principal council in England, public notice of the time and place of the meeting shall be given by posting it at the offices of the council three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

public notice of the time of the meeting and, if the meeting is to be open to the public, how to access the meeting, must be given by publishing it electronically at least three clear days before the meeting or, if the meeting is convened at shorter notice, then as soon as reasonably practicable;

(aa)in relation to a principal council in Wales, public notice of the meeting must be given—

(i)in accordance with subsection (6A), and

(ii)by publishing the notice electronically,

at least three clear days before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b)while the meeting is open to the public, the council shall not have power to exclude members of the public from the meeting; and

(c)subject to subsection (7D), while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

(6A)The notice given under subsection (6)(aa) must—

(a)where the meeting or part of the meeting is open to the public and is held through remote means only, give details of the time of the meeting and how to access it;

(b)where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, give details of the time and place of the meeting and how to access it;

(c)where the meeting is not open to the public and is held partly through remote means or is not held through remote means, give details of the time and place of the meeting and the fact that it is not open to the public;

(d)where the meeting is not open to the public and is held through remote means only, give details of the time of the meeting, and the fact that it is being held through remote means only and is not open to the public.

(7)Subject to subsection (7A) nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(7A)While a meeting of a principal council in England is open to the public, any person attending is to be permitted to report on the meeting.

(7B)Subsection (7A) does not require a principal council in England to permit oral reporting or oral commentary on a meeting as it takes place if the person reporting or providing the commentary is present at the meeting.

(7C)A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.

(7D)Subsection (7C) applies in place of subsection (6)(c) in the case of a principal council in England.

(7E)Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.

(7F)Publication and dissemination may take place at the time of the meeting or occur after the meeting.

(8)This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

(9)In this section “reporting” means—

(a)filming, photographing or making an audio recording of proceedings at a meeting,

(b)using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or

(c)reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.

100B Access to agenda and connected reports.

(1)Copies of the agenda for a meeting of a principal council and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the council in accordance with subsection (3) below.

(2)If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public.

(3)Any document which is required by subsection (1) above to be open to inspection shall be so open at least five clear days before the meeting, except that—

(a)where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

(b)where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the council.

(4)An item of business may not be considered at a meeting of a principal council unless either—

(a)a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least five clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b)by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5)Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

(a)every copy of the report or of the part shall be marked “Not for publication”; and

(b)there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 12A to this Act, of the exempt information by virtue of which the council are likely to exclude the public during the item to which the report relates.

(6)Where a meeting of a principal council is required by section 100A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7)There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a)a copy of the agenda for a meeting of a principal council and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b)such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c)if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

(8)Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.

100B Access to agenda and connected reports : principal councils in England .

(1)Copies of the agenda for a meeting of a principal councilin England and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the councilpublished electronically in accordance with subsection (3) below.

(2)If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public.—

(a)if the meeting is to be open to the public, items during which, in the proper officer’s opinion, the meeting is likely not to be open to the public by virtue of section 100A(2) or (4), or

(b)if the meeting is not to be open to the public other than by virtue of section 100A(2) or (4), items during which, in the proper officer’s opinion, it is likely the meeting would not have been open to the public by virtue of section 100A(2) or (4), had section 100A(1) applied.

(3)Any document which is required by subsection (1) above to be open to inspectionpublished electronically shall be so openso published at least three clear days before the meeting, except that—

(a)where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convenedpublished electronically as soon as reasonably practicable, and

(b)where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda;

where an item is added to an agenda which has been published electronically, the item (or the revised agenda), and any report for the meeting relating to the item, must be published electronically when the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the publicpublished electronically until copies are available to members of the council.

(4)An item of business may not be considered at a meeting of a principal councilin England unless either—

(a)a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above forpublished electronically in pursuance of subsection (1) above at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convenedas soon as reasonably practicable; or

(b)by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5)Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the publicpublished electronically under subsection (1) above—

(a)every copy of the report or of the part shall be marked “Not for publication”; and

(b)there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 12A to this Act, of the exempt information by virtue of which the council are likely, or would be likely, by virtue of section 100A(4) to exclude the public during the item to which the report relates.

(6)Where a meeting of a principal councilin England is required by section 100A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7)There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a)a copy of the agenda for a meeting of a principal councilin England and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b)such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c)if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

(8)Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.

100BAAccess to agenda and connected reports: principal councils in Wales

(1)Copies of the agenda for a meeting of a principal council in Wales and copies of any report for the meeting must be published—

(a)electronically, and

(b)in accordance with subsections (3) to (5).

(2)If the proper officer thinks fit, there may be excluded from the copies of reports published under subsection (1) the whole of a report which, or any part which, relates only to items during which, in the officer's opinion, the meeting is likely not to be open to the public.

(3)A document required to be published under subsection (1) must be published at least three clear days before the meeting, or, if the meeting is convened at shorter notice, then at the time it is convened.

(4)If an item is added to an agenda, copies of which have been published, copies of the item or revised agenda and copies of any report for the meeting relating to the item must be published at the time the item is added to the agenda.

(5)Nothing in subsections (3) and (4) requires a document or copies of an agenda, item or report to be published until the document or copies are available to members of the council.

(6)An item of business may not be considered at a meeting of a principal council in Wales unless either—

(a)a copy of the agenda including the item (or a copy of the item) is published electronically at least three clear days before the meeting, or, if the meeting is convened at shorter notice, at the time it is convened, or

(b)by reason of special circumstances, which must be specified in the minutes, the chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(7)Where the whole or part of a report is excluded under subsection (2)—

(a)every copy of the report or of the part must be marked “Not for publication”, and

(b)there must be stated on every copy of the report or of the part a description, in terms of Schedule 12A, of the exempt information by virtue of which the council is likely to exclude the public during the item to which the report relates.

(8)Where a meeting of a principal council in Wales—

(a)is required by section 100A to be open to the public during the proceedings or part of them, and

(b)is not held through remote means only,

there must be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.

(9)There must, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a)a copy of the agenda for a meeting of a principal council in Wales and a copy of each of the reports for the meeting,

(b)such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda, and

(c)if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

(10)Subsection (2) applies in relation to copies of reports provided under subsection (8) or (9) as it applies in relation to copies of reports published under subsection (1).

100C Inspection and publication of minutes and other documents after meetings.

(1)After a meeting of a principal council in England the following documents shall be open to inspection by members of the public at the offices of the council until the expiration of the period of six years beginning with the date of the meeting, namely—

(a)the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information;

(b)where applicable, a summary under subsection (2) below;

(c)a copy of the agenda for the meeting; and

(d)a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.

(1A)After a meeting of a principal council in Wales the documents listed in subsection (1B) must—

(a)be published electronically, and

(b)remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting.

(1B)The documents are—

(a)the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information,

(b)where applicable, a summary under subsection (2),

(c)a copy of the agenda for the meeting, and

(d)a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.

(1C)As soon as reasonably practicable after a meeting of a principal council in Wales, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—

(a)the names of the members who attended the meeting, and any apologies for absence;

(b)any declarations of interest;

(c)any decision taken at the meeting, including the outcomes of any votes, but excluding anything relating to a decision taken when the meeting was not open to the public as discloses exempt information.

(2)Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above or the document published under subsections (1A) and (1B)(a), does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

(1)Subsections (2) and (3) apply in relation to a meeting of a principal council held before the coming into force of the Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020.

(2)Until the expiration of the period of six years beginning with the date of a meeting of a principal council to which this subsection applies, a copy of the following documents must, so far as reasonably practicable, be supplied on request to a member of the public—

(a)the minutes of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information,

(b)where applicable, a summary under subsection (2) of this section as it had effect immediately before the Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 came into force,

(c)the agenda for the meeting, and

(d)so much of any report for the meeting as relates to any item during which the meeting was open to the public.

(3)A principal council may charge a reasonable fee for providing a document under subsection (2).

(4)Subsections (5) to (9) apply in relation to a meeting of a principal council held after the coming into force of the Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020.

(5)As soon as reasonably practicable after a meeting of a principal council to which this subsection applies, and in any event before the end of the period of five working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—

(a)the names of the members who attended the meeting, and any apologies for absence;

(b)any declarations of interests;

(c)any decisions taken at the meeting, including the outcomes of any votes, but excluding anything relating to a decision taken when the meeting was not open to the public as discloses exempt information.

(6)The following documents are to be published electronically as soon as reasonably practicable after a meeting of a principal council to which this subsection applies—

(a)the minutes of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information;

(b)where applicable, a summary under subsection (2) below;

(c)the final agenda for the meeting (if not already published electronically under section 100B);

(d)so much of any report for the meeting as does not relate to an item during which the meeting was not open to the public (if not already published electronically under section 100B).

(7)Anything published electronically under this section or section 100B must remain accessible electronically by members of the public.

(8)In subsections (5)(c) and (6)(a) and (d), references to a period when, or during which, a meeting was not open to the public are, if the meeting was not open to the public other than by virtue of section 100A(2) or (4), references to a period when, or during which, in the proper officer’s opinion, it is likely the meeting would not have been open to the public by virtue of section 100A(2) or (4), had section 100A(1) applied.

(9)Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, a document to be published under subsection (6)(a) does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer must make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

100D Inspection and publication of background papers.

(1)Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public , or are required by section 100BA(1) or 100C(1A) to be published electronically —

(a)those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, ...

(b)in relation to a principal council in England, at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council., and

(c)in relation to a principal council in Wales, each of the documents included in that list must be published electronically, but if in the opinion of the proper officer it is not reasonably practicable to publish a document included in the list electronically at least one copy of the document must be open to inspection at the offices of the council.

(2)In relation to a principal council in England, Subsection (1) above does not require a copy. . . of any document included in the list, to be open to inspection after the expiration of the period of four years beginning with the date of the meeting.

(2A)In relation to a principal council in Wales, copies of documents included in the list must—

(a)where they are published under subsection (1)(c), remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting, and

(b)where they are open to inspection under subsection (1)(c), be open to inspection by members of the public at the offices of the council until the expiration of that period.

(3)Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

(4)Nothing in this section—

(a)requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

(b)without prejudice to the generality of subsection (2) of section 100A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public or published electronically , would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

(5)For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

(a)disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

(b)have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.

100E Application to committees and sub-committees.

(1)Sections 100A to 100D above shall apply in relation to a committee or sub-committee of a principal council as they apply in relation to a principal council.

(1A)But in section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to a committee which is appointed or established jointly by one or more principal councils in England and one or more principal councils in Wales, or a sub-committee of such a committee.

(2)In the application by virtue of this section of sections 100A to 100D100C above in relation to a committee or sub-committee—

(a)section 100A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent principal council and, if the meeting of the committee or sub-committee to which that section so applies is to be held at premises other than the offices of such a council, at those premisespublished electronically on the website of every constituent council;

(b)for the purposes of section 100A(6)(c), premises belonging to a constituent principal council shall be treated as belonging to the committee or sub-committee; ...

(ba)the requirement in sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c) to publish a document electronically is complied with if it is published electronically by every constituent principal council;

(bb)the requirement in sections 100C(1A) and 100D(2A)(a) for a document to remain accessible electronically is complied with if the document remains accessible on the website of every constituent principal council; and

(c)for the purposes of sections 100B(1), 100C(1) and 100D(1) and (2A)(b), offices of any constituent principal council shall be treated as offices of the committee or sub-committee.

(3)Any reference in this Part to a committee or sub-committee of a principal council is a reference to—

(a)a committee which is constituted under an enactment specified in section 101(9) below or which is appointed by one or more principal councils under section 102 below; or

(b)a joint committee not falling within paragraph (a) above which is appointed or established under any enactment by two or more principal councils and is not a body corporate; or

(bba)a committee in place by virtue of section 107D(3)(c)(ii) of the Local Democracy, Economic Development and Construction Act 2009;

(bbb)a joint committee in place by virtue of section 107E of that Act;

(bb)the Navigation Committee of the BroadsAuthority; or

(c)a sub-committee appointed or established under any enactment by one or more committees falling within paragraphs (a) to (bb) above.

(4)Any reference in this Part to a constituent principal council, in relation to a committee or sub-committee, is a reference—

(a)in the case of a committee, to the principal council, or any of the principal councils, of which it is a committee; and

(b)in the case of a sub-committee, to any principal council which, by virtue of paragraph (a) above, is a constituent principal council in relation to the committee, or any of the committees, which established or appointed the sub-committee.

100EAInspection of records relating to functions exercisable by members

(1)The appropriate authority may by regulations make provision for written records of decisions made or action taken by a member of a local authority, in exercise of a function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007or under section 56 of the Local Government (Wales) Measure 2011, to be made and provided to the authority by the member.

(2)Any written record provided to the authority under regulations under subsection (1) shall be open to inspection by members of the public at the offices of the authority for the period of six years beginning with the date on which the decision was made or action was taken.

(2A)In this section “appropriate authority” means—

(a)in relation to local authorities in England, the Secretary of State;

(b)in relation to local authorities in Wales, the Welsh Ministers.

(c)in subsection (3), after “Parliament” insert “ (in the case of regulations made by the Secretary of State) or a resolution of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.

(3)A statutory instrument containing regulations under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

100F Additional rights of access to documents for members of principal councils.

(1)Any document which is in the possession or under the control of a principal council and contains material relating to any business to be transacted at a meeting of the council or a committee or sub-committee of the council shall, subject to subsections (2) to (2C) below, be open to inspection by any member of the council.

(2)In relation to a principal council in England, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information.

(2A)But subsection (1) above does require (despite subsection (2) above) the document to be open to inspection if the information is information of a description for the time being falling within—

(a)paragraph 3 of Schedule 12A to this Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract), or

(b)paragraph 6 of Schedule 12A to this Act.

(2B)In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

(2C)In relation to a principal council in Wales, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information of a description falling within any of paragraphs 12 to 18, 21, 23, 24 and 26 of Schedule 12A to this Act.

(3)The appropriate person may by order amend subsections (2) to (2C) above—

(a)by adding to the descriptions of exempt information to which those subsections refer for the time being; or

(b)by removing any description of exempt information to which those subsections refer for the time being.

(3A)In subsection (3) above “the appropriate person” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the National Assembly for Wales.

(4)Any statutory instrument containing an order under subsection (3) made by the Secretary of State above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The rights conferred by this section on a member of a principal council are in addition to any other rights he may have apart from this section.

100F Additional rights of access to documents for members of principal councils.

(1)Any document which is in the possession or under the control of a principal council and contains material relating to any business to be transacted at a meeting of the council or a committee or sub-committee of the council shall, subject to subsections (2) to (2E)) below, be open to inspection byso far as reasonably practicable be supplied on request to any member of the council.