Section 108 of the Local Government Act 1972

Question

Is anyone on here able to decipher this act and give it to me in simple terms. I have read and re-read it, but I need to be certain due to a situation that has arisen and I can't afford to be wrong!

Answer 1

Section 108 is for areas without parish councils.

Are you in a grouping of parishes? Most places aren't, so ignore all the bits about grouping.

The parish meeting can delegate their powers to a committee of electors (this not the same as the rule for parish councillors).

However, any correctly constituted (number of electors to needed to call a meeting, clear days notice etc) parish meeting , which takes place after the formation of the committee can still make decisions instead.

Hope this gets you somewhere nearer.

Comments

Thank you very much. Could I just clarify something to make sure i have understood?

Does that last paragraph mean that, assuming it has delegated to another committee, the Parish Committee still has power to make decisions alongside the appointed committee. If so, whose word would be final?

Apologies its a bit cryptic. I'd love to post the complete scenario, but you don't know who has access to these pages and my scenario is getting a tad legal!!

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The parish meeting is, technically, every elector in the village (who turns up on a wet Tuesday evening).
In the absence of a parish council, the Parish meeting appoint a committee of the electors to make decisions.
Because there is no real council, the power of the Parish meeting remains 'sovereign', anything done by the committee, providing it was done legally, is correct, even if the Parish meeting disagree, but the Parish meeting (assuming the normal rules are followed, can remove the committee) they cannot prevent a legal contract that has been entered into, for example the committee appoint a contractor to cut the village green, is a perfectly legal thing to do, so the Parish meeting doesn't have a veto on it once entered into (though a parish meeting could be called, in time, to overrule a decision, providing the decision had not been enacted), e.g. to stop the committee from entering into a contract.

Message me directly if you want to discuss a specific matter.