Questions about town and parish councils
Follow Councillor Q&A on X/Twitter

Follow us on X/Twitter

0 votes
I understand a Cllr must not vote on the Budget or calculation resulting in a charge on the community if more than two months in arrears with their council tax. That is admittedly putting it in simple terms if you actually read the legislation.

And if such a Cllr does vote it is a Police matter.

Whose responsibility is it to advise the Police and or be aware that such an offence has been committed?

Is ignorance of this piece of legislation by both the Clerk and Cllrs a defence in law?

Admittedly Agendas carry a DoI item at the outset but I do wonder whether this matter at budgeting/ Precept needs to be a specific item of declaration?
by (380 points)

1 Answer

0 votes
Section 106 of the Local Government Finance Act 1992 prevents a councillor from voting on the Council’s budget if he or she has an outstanding council tax debt of over two months.  But  that applies to the council he or she is elected to serve on. Strictly speaking it should not apply to principal authority councillor who also serves as a Parish/Town Councillor at one of their budget setting meetings. However  the act adds that  if a councillor is present at any meeting at which relevant matters are discussed, he or she must disclose that section 106 applies and may not vote. Failure to comply is a criminal offence.  The question is therefore whether or not a Town/Parish Council meeting constitutes a meeting at which relevant matters are discussed.
by (34.9k points)

Welcome to Town & Parish Councillor Q&A, where you can ask questions and receive answers from other members of the community. All genuine questions and answers are welcome. Follow us on Twitter to see the latest questions as they are asked - click on the image button above or follow @TownCouncilQA. Posts from new members may be delayed as we are unfortunately obliged to check each one for spam. Spammers will be blacklisted.

You may find the following links useful:

We have a privacy policy and a cookie policy.

Clares Cushions logo Peacock cushion

Clare's Cushions creates beautiful hand made cushions and home accessories from gorgeous comtemporary fabrics. We have a fantastic selection of prints including Sophie Allport and Orla Kiely designs and most covers can be ordered either alone or with a cushion inner. Buying new cushions is an affordable and effective way to update your home interior, they're also a great gift idea. Visit our site now

2,896 questions
5,617 answers
7,949 comments
10,028 users
Google Analytics Alternative