If a Chairman chooses to stand down mid-year, can a motion to appoint new Chair or must it wait for next AGM?

Question

Our Chairman unfortunately had to step down due to medical reasons and resigned as Chair.  Our valiant Vice Chair agreed to step up to chair in the interim, but our Clerk advised we could neither vote to formally elect a new Chair nor a vice-Chair but this can only be done at the AGM.  Appreciate we are now close to AGM season, but I would like to understand the actual rules around mid-term changes in Chair/vice-Chair and at what point in the year does it have to await next AGM

Answer 1

I feel that your clerk is not interpreting the matter correctly. The vice chair is there to deputise for the chairs absence and no definition of why he is absent is defined. This close to the annual meeting it would be a wise move to have the vice chair continue until the new chair is elected for the full term as the vice chair should always work closely with the chair and be privvy to discussions and information in the pipeline.

Answer 2

Your clerk is incorrect.  If the chair has resigned then there should be a vote for a new chair (even if the vice chair becomes the chair) at the next meeting.  The Vice Chair can only act as the Chair in the absence of the Chair not in circumstances where there is no chair because he or she has resigned  However, taking a pragmatic approach, being particularly close to the annual parish meeting (there is no such thing as an AGM in local government world!), it could be that a chair is elected for each meeting between now and the annual meeting.  A bit of a faff but not illegal as such.

Answer 3

Section 88(1) of the Local Government Act states:-

On a casual vacancy occurring in the office of chairman of any council, an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date, then not later than the next following ordinary meeting of the council, and shall be conducted in the same manner as an ordinary election.

Answer 4

You've been inappropriately advised by your clerk.

Answer 5

The advice from your clerk is incorrect. Not only can you elect a new Chair mid-term, you must do so as the first item of business at the next council meeting.

Under Schedule 12, Part II, paragraph 7(1) of the Local Government Act 1972, if the position of Chair is vacant, the very first order of business at the next meeting must be to elect a replacement. The council cannot conduct any other business until this has been done.

This means that any decisions made while the Chair position remains vacant would be procedurally unlawful. Until a new Chair is elected, the Vice-Chair can step in for the purposes of chairing the meeting, but they do not automatically become Chair and must not preside over decision-making beyond facilitating the election of a new chair.

There is no requirement to wait until the annual meeting (no such thing as an 'AGM') - the law is clear that the council must act at the next full meeting.  An extraordinary meeting may be called specifically for this purpose if desired.   If the Clerk maintains their position, I would suggest they refer to the legislation for clarification.