Cessation of Councillor status

Question

In the run up to the elections on May 2nd, two of our current councillors failed to lodge their nomination papers before the deadline. When do they officially cease to be Councillors? Any thoughts on this please?

Answer 1

The transition arrangements are contained in Section 16(3) of the Local Government Act 1972, specifically:-

"...the whole number of parish councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire."

I take this to mean Monday 6th May for this year's elections.

Comments

In our Borough, we have been advised it is the 7th May as the 6th is a bank holiday.  I believe it is down to interpretation of the rules by the Elections Officer

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That's great - all I needed to know. Thanks Davetheclerk :-)

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Thank you - I had forgotten about the BH :-)

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Oops. Me too!!

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Our Parish Council has a Committee meeting scheduled for the 9th May, yet the first Full Council Meeting where Committee seats are allocated meet the week after. Nobody else seems to query this or who would be summoned to make the meeting quorate.

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Are you saying that the 9th May is your annual parish/town council meeting where the Chair is elected?  If that is the case, there has been arguments in the past on the interpretation of the notice required to call this election.  As the new council come into existence on the 7th May, some argue that you still need to give the 3 clear days notice (although lack of notice doesn't illegitimise the meeting).  Others argue that the annual parish / town council meeting has to be called within 14 days of the election and that is all the notice needed.  The assignment of committees is not a legal requirement for the annual parish / town council meeting as not all councils have committees.

The attendance at the 9th May meeting would be the newly elected Councillors, not the old council and there would be a requirement for them to have signed their acceptance of office forms in advance of taking their seats.