SCHEDULE 12 Meetings and Proceedings of Local Authorities
39 (1) Subject to the provisions of any enactment (including any enactment in this Act) all questions coming or arising before a local authority shall be decided by a majority of the members of the authority present and voting thereon at a meeting of the authority.
(2) Subject to those provisions in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.
46 In this Part of this Schedule “local authority” includes a joint authority .... . . . . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.
Defined in Sch.12 para.46 · see it in the full Act“local authority” means a county council, . . . a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;
Defined in s.270(1) · see it in the full Act(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —
(a) in the case of a principal council, to any committee or sub-committee of the council; and
(b) in the case of a committee, to —
(i) any constituent principal council;
(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
(c) in the case of a sub-committee, to —
(i) the committee, or any of the committees, of which it is a sub-committee; and
(ii) any principal council which falls within paragraph (b) above in relation to that committee.
Defined in Sch.12A para.22(2) · see it in the full Act(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—
(a) in the case of a principal council, to any committee or sub-committee of the council; and
(b) in the case of a committee, to—
(i) any constituent principal council;
(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
(c) in the case of a sub-committee, to—
(i) the committee, or any of the committees, of which it is a sub-committee; and
(ii) any principal council which falls within paragraph (b) above in relation to that committee.
Defined in Sch.12A para.11(2) · see it in the full Act(2E) In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.
Defined in s.100F(2E) · see it in the full Act(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.
Defined in s.100F(2B) · see it in the full Act(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.
Defined in s.100F(2B) · see it in the full ActInterpreted as prescribing decision by an ordinary majority of members present who may validly vote, together with a casting vote. It assumes rather than creates an entitlement to vote and does not limit the standing-order powers (see paras [48]-[51]). Confirms that the person presiding has a second or casting vote where votes are equal (see paras [5]; [49]-[50]).
Cited only. Interprets the majority-voting provision as applying to members who are present and who vote, without prescribing which members may vote. It therefore does not limit the power under paragraph 42 to impose attendance-based voting restrictions. (see paras [15]; [51]-[52])
Every question arising before a local authority must be decided by a simple majority of the members present and voting. Delegation arrangements cannot replace that rule with a two-thirds voting requirement. (see paras [16]–[17]; [51]–[52])
What each judgment says about Schedule 12, paragraph 39 is in the case-law panel in the full Act.