Can an acting chair of council call an extraordinary council meeting?

Question

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At the last council meeting the Clerk announced that the Chair would be stepping back from the Council for three months for personal reasons and that would therefore make the Vice-Chair the Acting Chair. The Acting Chair is now trying to call an extraordinary council meeting, but the Clerk insists that he cannot do so and that only the 'real' Chair can do it. Who is right?

Answer 1

The legislation refers to "the chairman of the council" but I would argue that, if the elected chair has stepped down for a period of time, the vice chair becomes the de facto chair. Section 15(9) of the LGA states that:-

(9) Subject to any standing orders made by the parish council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

Answer 2

The Clerk is incorrect in stating that only the "real" Chair can call an extraordinary meeting. Legislation does not recognise an official role of 'Acting Chair,' but it does make clear that the Vice-Chair assumes the Chair’s functions when the Chair is absent.

Under Schedule 12, Part II, paragraph 9(1) of the Local Government Act 1972, the Chair of a parish council may call an extraordinary meeting at any time. However, when the Chair is absent, the Vice-Chair carries out their functions, including the power to call meetings.

The law does not require the Chair to be physically present or actively involved for council business to continue. The Vice-Chair is expected to perform the Chair’s duties in their absence.

Since the Chair has not resigned, their office remains occupied, but their absence means that the Vice-Chair lawfully assumes their responsibilities. There is no legal requirement to wait for the Chair’s return before calling meetings or conducting council business.

If the Clerk refuses to issue the notice for an extraordinary meeting, councillors have the legal right to force the meeting under Schedule 12, Part II, paragraph 9(3). This states that if two councillors formally request a meeting, the Clerk must call it. If the Clerk still does not comply, councillors can convene the meeting themselves.

To be clear - there is no such thing as an acting chair.  This is simply about the Vice-Chair doing their job during the absence of the Chair, and a reminder about why it is a good idea to elect a Vice-Chair.