can anyone expand on this with regard my circumstances re the 6 Month rule.

Question

We are a tiny Parish Council with a voluntary clerk and only meet 4 times a year.

I am of the view that as long as you apologies and in the interim are 'active' in discharging the duties of a Parish Councillor. For example carrying out action tasked at a meeting that the six month rule need not apply.  Is it not the case that acceptance of an apology is in effect a Resolution that does not start the 6 month clock?

Answer 1

The concept of 'apologies' are a problem in Parish/Town and even District council meetings. For an apology to be accepted it should be voted to accept the apologies. Just having it noted that 'Cllr Jones has sent apologies' isn't the same as 'Apologies were received and accepted from Cllr Jones'.

In our parish where we receive apologies they are voted upon (the clock doesn't start), where we don't, we note their absence in the minutes, and the clock starts.

However, the clock is reset at every parish council meeting that is a 'proper meeting' - a simple way to know if it is: The clerk takes the minutes, you were served the agenda with 3/5 clear days notice (depending on the meeting type). If you attend this meeting then the clock resets. (AND If you are absent - and your apologies are voted and accepted - then the clock resets)

Therefore, an events committee will be meeting the council, and reset the clock, but a general meeting (where anyone can turn up and people come and agree who will serve the teas at the village fete) wouldn't be a council meeting.

If it isn't a 'proper meeting', however, active you are in the community, the clock keeps running.

 

Legal basis: Section 85 Local Government Act 1972

If a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority. [bold = my emphasis]

See example: 2018/004: http://www.clayton-pc.gov.uk/wp-content/uploads/CPC-Minutes-18th-jan-2018-draft-1.pdf

Answer 2

I don't understand your question.

Comments

does minuted acceptance of an advance apology at a meeting reset the 6 month clock to the next meeting?
I wrote a previous question explaining a circumstance i need guidance on.

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Yes, if it accepted by the council as a legitimate reason for absence.