Local Government Act 1972, section 85

Vacation of office by failure to attend meetings

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

(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.

[F314 (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.F314]

(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 authority[F315 or of a failure to attend meetings of the executiveF315] if the failure is due to that employment.

[F316 (3A)Any period during which a member of a local authority is suspended or partially suspended under section 66, F317[F318 ... 73, 78 F317...F318] or 79 of the Local Government Act 2000 [F319 , or suspended under section 31(4) of the Elections Act 2022,F319] shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) [F320 or (2A)F320] above (and, accordingly, a period during which a member fails to attend meetings of the authority [F321 or, as the case may be, meetings of the executiveF321] that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).F316]

[F322 (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).F322]

[F323 (4) In this section “local authority” includes a joint authority [F324 , an economic prosperity board F324] [F325 , a combined authority and a combined county authority F325] F326 . . . F323]

Definitions used in section 85 10

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
the authority

(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 Act
executive arrangements

“executive”, “executive arrangements” and “executive leader” have —

(a)

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)

in relation to Wales, the same meaning as in Part II of the Local Government Act 2000;

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

“executive”, “executive arrangements” and “executive leader” have —

(a)

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)

in relation to Wales, the same meaning as in Part II of the Local Government Act 2000;

Defined in s.270(1) · see it in the full Act
mayor and cabinet executive

“mayor and cabinet executive” ... has—

(a)

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)

in relation to Wales, the same meaning as in Part II of the Local Government Act 2000;

Defined in s.270(1) · 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
joint authority

“joint authority” means an authority established by Part IV of the Local Government Act 1985 ;

Defined in s.270(1) · see it in the full Act
economic prosperity board

“economic prosperity board” means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 ;

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

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 ;”;

Defined in s.270(1) · see it in the full Act
combined county authority

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 ;

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

Cases considering section 85 3

Orme & Anor v North Yorkshire County Council & Anor

[2003] EWCA Civ 1860 · 19 December 2003

Attendance at any council committee meeting counts towards a councillor’s minimum-attendance requirement, supporting the conclusion that attendance by a non-committee member remains official activity. (see para [60])

National Secular Society & Anor, R (on the application of) v Bideford Town Council

[2012] EWHC 175 (Admin) · 10 February 2012

Section 85 is used to show the statutory significance of attendance at council meetings and the consequences of regular non-attendance. (see para [19])

Richardson & Anor, R (on the application of) v North Yorkshire County Council & Ors

[2003] EWHC 764 (Admin) · 15 April 2003

The provision was an additional indication that attendance by a councillor at a committee meeting, even without committee membership, was conduct of the elected office (see para [102](i)).

What each judgment says about section 85 is in the case-law panel in the full Act.

Amendments and notes

24 notes from legislation.gov.uk

Amendments

  1. F314S. 85(2A)(2B) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(a) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(a)
  2. F315Words in s. 85(3) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(b) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(b)
  3. F316S. 85(3A) inserted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in W. and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 9; S.I. 2000/3335, art. 2
  4. F317Words in s. 85(3A) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6) commentary suggests repealed
  5. F318Words in s. 85(3A) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 201(4)(a), 245; S.I. 2008/172, art. 4(l)
  6. F319Words in s. 85(3A) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 2(2); S.I. 2023/1145, reg. 3(k)
  7. F320Words in s. 85(3A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(c)(i) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(c)(i)
  8. F321Words in s. 85(3A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 7(c)(ii) and (W.) (1.4.2002) by S.I. 2002/808, art. 7(c)(ii)
  9. F322S. 85(3B)-(3D) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 31(2), 178(3); S.I. 2012/1187, art. 2(1)(c)
  10. F323S. 85(4) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 7
  11. F324Words in s. 85(4) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 13; S.I. 2009/3318, art. 2(c)
  12. F325Words in s. 85(4) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 26 (with s. 247)
  13. F326Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications

  1. C176S. 85 applied by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 9(10), 23(2), 27(2), Sch. 4 para. 3
  2. C177S. 85: certain functions transferred (subject to modifications) (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1
  3. C178S. 85 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 8 (with ss. 7(6), 115, 117, Sch. 8 para. 7)
  4. C179S. 85 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
  5. C180S. 85 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1
  6. C181S. 85 modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 10
  7. C182S. 85(1) applied by 1959 c. xlvi s. 11(2) (as substituted (15.1.2014) by Humber Bridge Act 2013 (c. vi), s. 1(1), Sch. 1 para. 1)
  8. C183S. 85(1)(2)(3) applied (with modifications) (1.4.2015) by The Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015 (S.I. 2015/435), art. 1(2), Sch. para. 17
  9. C184S. 85(1)(2)(3) applied (with modifications) (1.4.2020) by The Hampshire and Isle of Wight Fire and Rescue Authority (Combination Scheme) Order 2020 (S.I. 2020/186), art. 1(2), Sch. para. 17
  10. C185S. 85(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(c)
  11. C186S. 85(4) modified (5.10.2026) by The Surrey (Structural Changes) (Pensions etc.) Order 2026 (S.I. 2026/1011), art. 1(2), Sch. para. 3(c) (with Sch. para. 10)