If an elected councillor resignsand then rejoins are they still regarded as an elected councillor?

Question

We have a situation where a number (4) of properly elected councillors resigned at the same time about a month ago. (details don't matter here)

This left us with just 5 councillors of which one had been co-opted recently so we have in fact only four duly elected councillors.

According to the Local Government Act Provision 16(1)

 The number of elected parish councillors for each parish council shall not be less than five.

The vacancies have been advertised and the 14 day period has expired without any request for a by-election being made by electors. We have some candidates for co-option one of which is one of the above mentioned recently resigned elected councillors. It is highly desirable that this ex councillor returns to the council.

As I see it there are a couple of issues

Are we actually a properly constituted parish council and therefore able to carry out council functions?

If we are not properly constituted do we have to hold a by-election.

If we are still properly constituted and we co-opt this person would they still count to the LGA elected councillor count?

 

Regards

 

CSM

Answer 1

I would take this provision to mean that when a periodic election is held, the voting must be for at least five councillors. A parish council is constituted of a set number of elected members, and this can typically only be altered with the agreement of the principal authority, and not less than five. However, if a councillor resigns or otherwise ceases to be a member, then the provisions for a casual vacancy come into play, as you describe. This may lead to a councillor being co-opted. My belief is that such a councillor counts as an elected councillor in this context. The distinction is between elected and appointed, rather than elected and co-opted. You will see that section 16A goes on to discuss the possibility of appointed councillors.

Comments

I have raised a new question to pull together several threads around this called
"Interpretation of LGA revisions by Local Government  and Public Involvement in Health Act 2007" to see if we can get to a definitive intepretation