Local Government Act 1972, Schedule 12, paragraph 4

SCHEDULE 12 Meetings and Proceedings of Local Authorities

4 (1) Meetings of a principal council shall be held at such place, either within or without their area, as they may direct.

[F1336 (1A) Five clear days at least before a meeting of a principal council in England—

(a) notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and

(b) a summons to attend the meeting, specifying the business proposed to be transacted at the meeting, and authenticated by the proper officer of the council, shall be sent to every member of the council by an appropriate method.

(1B) In sub-paragraph (1A)—

(a) “authenticated” means signed or otherwise authenticated in such manner as the proper officer thinks fit; and

(b) the reference to sending the summons to a member by an appropriate method is to—

(i) leaving it at, or sending it by post to, the member’s usual place of residence, or

(ii) where the member has specified an address other than the member’s usual place of residence, leaving it at, or sending it by post to, that different address, or

(iii) where the member has given consent for the summons to be transmitted in electronic form to a particular electronic address (and consent has not been withdrawn), sending it in electronic form to that address.F1336]

(2) Three clear days at least before a meeting of a principal council[F1337 in Wales [F1338 or, if the meeting is convened at shorter notice, then at the time it is convened F1338,F1337]] —

(a) notice [F1339of the intended meeting containing the information required by sub-paragraph (2A) must be published electronicallyF1339] , and where the meeting is called by members of the council the notice shall [F1340set out the names ofF1340] those members and shall specify the business proposed to be transacted thereat; and

(b) a summons to attend the meeting, specifying the business to be transacted thereat, and [F1341authenticatedF1341] by the proper officer of the council, [F1342must, subject to sub-paragraph (3), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose.F1342]

[F1343 (2A) The information required to be in a notice under sub-paragraph (2)(a) consists of—

(a) where the meeting or part of the meeting is open to the public and is held through remote means only, 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, 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, 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, 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.

(2B) In sub-paragraph (2A), references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).F1343]

[F1344 (2C) In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate. F1344]

(3) If a member of a principal council[F1345 in WalesF1345] gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at [F1346 an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address. F1346]

(4) Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.

(5) Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

Definitions used in Schedule 12, paragraph 4 3

principal council

“principal council” means a council elected for a principal area;

Defined in s.270(1) · see it in the full Act
England

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · see it in the full Act
Wales

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · see it in the full Act

Cases considering Schedule 12, paragraph 4 3

Walk Safe Security Services Ltd v London Borough of Lewisham

[2024] EWHC 1787 (Admin) · 11 July 2024Interprets

The judgment contrasts the requirement for local-authority meetings to be held at a directed place with the less qualified wording governing licensing hearings (see paras [23], [45]).

Hertfordshire County Council & Ors v Secretary of State for Housing, Communities And Local Government

[2021] EWHC 1093 (Admin) · 28 April 2021Interprets

Paragraph 4(1) was interpreted as requiring principal council meetings to be held at a particular place within or outside the council’s area. That wording supported a physical geographical location. (see paras [9], [76]) Paragraph 4(1A) was interpreted as requiring notice of the time and place of the intended meeting, which was inconsistent with a meeting occurring at multiple participant locations. (see paras [9], [76])

Armstrong-Braun, R (on the application of) v Flintshire County Council

[2001] EWCA Civ 345 · 20 February 2001

Sedley LJ treated the requirement that non-urgent business appear in the meeting notice as increasing the democratic significance of any rule preventing a councillor from placing a motion on the agenda. (See Sedley LJ, discussion of representative local democracy.)

What each judgment says about Schedule 12, paragraph 4 is in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F1336Sch. 12 para. 4(1A)(1B) inserted (E.) (30.1.2015) by The Local Government (Electronic Communications) (England) Order 2015 (S.I. 2015/5), arts. 1(1), 2(2) [Editorial note: This amendment supersedes the previous substitution of words (E.) (30.3.2014) in Sch. 12 para. 4(2) by Local Audit and Accountability Act 2014 (c. 2), ss. 40(6)(11), 49(2)]
  2. F1337Words in Sch. 12 para. 4(2) inserted (E.) (30.1.2015) by The Local Government (Electronic Communications) (England) Order 2015 (S.I. 2015/5), arts. 1(1), 2(3)
  3. F1338Words in Sch. 12 para. 4(2) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 3(a); S.I. 2021/354, reg. 2(c)
  4. F1339Words in Sch. 12 para. 4(2)(a) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 3(b)(i); S.I. 2021/354, reg. 2(c)
  5. F1340Words in Sch. 12 para. 4(2)(a) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 3(b)(ii); S.I. 2021/354, reg. 2(c)
  6. F1341Word in Sch. 12 para. 4(2)(b) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(2)(a); S.I. 2021/354, reg. 2(c) (with reg. 3)
  7. F1342Words in Sch. 12 para. 4(2)(b) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(2)(b); S.I. 2021/354, reg. 2(c) (with reg. 3)
  8. F1343Sch. 12 para. 4(2A)(2B) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 3(c); S.I. 2021/354, reg. 2(c)
  9. F1344Sch. 12 para. 4(2C) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(3); S.I. 2021/354, reg. 2(c) (with reg. 3)
  10. F1345Words in Sch. 12 para. 4(3) inserted (E.) (30.1.2015) by The Local Government (Electronic Communications) (England) Order 2015 (S.I. 2015/5), arts. 1(1), 2(3)
  11. F1346Words in Sch. 12 para. 4(3) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(4); S.I. 2021/354, reg. 2(c) (with reg. 3)

Modifications

  1. C1284Sch. 12 paras. 2-5 applied (with modifications) (1.5.2000 for specified purposes and 3.7.2000 otherwise) by 1999 c. 29, s. 328, Sch. 28 para. 10(2) (with Sch. 12 para. 9(1)); S.I. 2000/1094, arts. 3(a)(b), 4(a)(g)
  2. C1285Sch. 12 para. 4(2) excluded by Local Government Act 1985 (c. 51, SIF 81:1), s. 86(9)
  3. C1286Sch. 12 para. 4(2) restricted by S.I. 1985/1884, art. 11(3)