Can A Chairmans Term Of Office Be Restricted?

Question

At our last Annual Meeting, It was suggested that a Councillor cannot be elected to the position of Chair for more than two terms (years). This effectively denies the said current chair from the free right to be elected in the electoral process. This goes against the Chairs standing orders in the Chairs electoral guidelines and also the identical guidelines at  .Gov.UK. Help Appreciated.

Answer 1

There is nothing in legislation to limit this.  Some councils include a limit in standing orders.  I have seen limits of 2, 4 and 5 consecutive years in different council standing orders.  Of course, standing orders can be changed at any time with enough support.  Check your standing orders to see if you have such a limit.

Comments

Thankyou Lawcruncher.

Answer 2

A Cllr cannot be prevented from nominating themself or another for the role of chair - doesn’t matter what or if a council has adopted a SO. A SO cannot remove a fundamental right.
The issue of who is elected is solely a matter of counting the votes cast.

Comments

Thankyou Roundagaincoxn

Answer 3

Other than the requirement for a chairman to be elected at the annual meeting every year, there is nothing in law that prevents someone chairing a council for many years but similarly there is nothing in law to prevent a council amending their standing orders to reflect a limitation if they so wish.  It is something the council as a whole needs to consider and agree.  Regardless of what the standing orders say, decisions are made by the council as a whole so if the council votes to re-appoint someone, that person is reappointed.
The only legal requirement is that someone is actually appointed chair each year at the Annual Council meeting (or if/when the role becomes vacant if at other times).