Local Government Act 1972, Schedule 12, paragraph 42

SCHEDULE 12 Meetings and Proceedings of Local Authorities

42 Subject to the provisions of this Act, a local authority may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

Definitions used in Schedule 12, paragraph 42 1

local authority

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

Cases considering Schedule 12, paragraph 42 6

R (on the application of The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets and another

[2025] UKSC 11 · 26 March 2025Interprets

Interpreted as authorising standing orders regulating council proceedings and business, including members’ qualification to vote. Restrictions must pursue a proper purpose and satisfy rationality review of heightened intensity where the democratic principle is affected (see paras [52]-[66]; [74]-[77]).

The Spitalfields Historic Building Trust, R (on the application of) v London Borough of Tower Hamlets

[2023] EWCA Civ 917 · 28 July 2023Interprets

Interprets the power to make standing orders for regulating proceedings and business as extending to substantive committee work and voting arrangements, not merely meeting procedure. It authorised the Council’s rule restricting votes on deferred applications to members present at the earlier meeting. (see paras [16]; [49]-[59]; [81]-[85])

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

[2001] EWCA Civ 345 · 20 February 2001Interprets

The court interpreted the power to regulate a local authority’s proceedings and business as permitting a requirement that a proposed motion have a seconder before inclusion on the agenda. Exercise of that power remains constrained by the Act’s policy and constitutional purposes. (See Schiemann LJ, issues one and two; Sedley LJ, conclusions 1–3.)

What each judgment says about Schedule 12, paragraph 42 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Modifications

  1. C1318Sch. 12 paras. 39-43 applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)
  2. C1323Sch. 12 paras. 40-44 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
  3. C1324Sch. 12 paras. 40-44 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
  4. C1329Sch. 12 paras. 39-43 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II
  5. C1330Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)
  6. C1331Sch. 12 paras. 39-43 applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)