When is an agenda not an agenda?

Question

A summons to a councils Annual Parish Council Meeting had the date, time and venue of the meeting but the heading Agenda was missing. Does this have any implications for the validity of the meeting and legality of the decisions made?

Answer 1

I am assuming that you are talking about the Annual Meeting of the Parish Council and not the Annual Parish Meeting. In which case:
The law says that three clear days at least before a meeting of a parish council ‘a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council.’ (Local Government Act 1972, c.70, Schedule 12, Pt 2, Para 10(2)(b))

It is unlawful for the Parish Council to make a decision, especially a decision to spend money, without sufficient notice.

The Transparency Code for Smaller Authorities (December 2014) says that ‘smaller authorities should ... publish meeting agendas, which are as full and informative as possible, and associated meeting papers not later then three clear days before the meeting to which they relate is taking place. (Para. 30).

Answer 2

I think Old Tom is quite correct, and spelling it out, the legislation does not use the word "agenda". Hence it doesn't seem that the actual wording is critical. Although I would certainly advise basing the text of the summons and agenda on good practice, as shown in e.g. the "Governance Toolkit for Parish & Town Councils" which is widely available for download. It's certainly permissible to change the text if it can be made clearer or can meet local needs better, but it is a good guide; when followed it ensures that questions of lawfulness of decisions should not arise.

Comments

Thanks old tom and counterpoint.
"The Transparency Code for Smaller Authorities" re the putting up an agenda for locals to view is not 'actually ' LAW then is it?  Our 'naive', belligerent and dictatorial chairman says;  "we'll just put it on the website that will suffice".  Can someone quote me (other than good practice and the Good Councillors Guide) the actual law that says we  to  'put an agenda up 3 days before a PC meeting in public places within our village please.