Local Government Act 1972, Schedule 12, paragraph 44

SCHEDULE 12 Meetings and Proceedings of Local Authorities

44 (1) Paragraphs 39 to 43 above (except paragraph 41(3)) shall apply in relation to a committee of a local authority (including a joint committee) or a sub-committee of any such committee as they apply in relation to a local authority.

(2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 41 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members present at the meeting shall be deemed to have been duly qualified.

Definitions used in Schedule 12, paragraph 44 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 44 4

Friends of Hethel Ltd, R (on the application of) v South Norfolk District Council & Anor

[2010] EWCA Civ 894 · 30 July 2010

Paragraph 44(1) applies the majority-voting requirements in paragraphs 39 to 43 to local-authority committees and sub-committees. It therefore governed the area planning committee. (see paras [11]; [16])

The Friends of Hethel Ltd, R (on the application of) v Ecotricity

[2009] EWHC 2856 (Admin) · 12 November 2009

Confirms that the Schedule 12 majority-voting provisions apply to local-authority committees and sub-committees. (see paras [44], [53]-[55])

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

[2025] UKSC 11 · 26 March 2025

Applied so that paragraphs 39 and 42 govern local authority committees with appropriate modifications (see paras [7]; [37]).

What each judgment says about Schedule 12, paragraph 44 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Modifications

  1. 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
  2. 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
  3. C1336Sch. 12 para. 44 excluded by Education (No. 2) Act 1986 (c. 61, SIF 41:1), ss. 26(4), 66, Sch. 3 para. 15
  4. C1337Sch. 12 paras. 39-44 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 8(5), 9(7)
  5. C1338Sch. 12 para. 44(2) modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 22(2)