Clear Days Notice

Question

Our Parish Council meets on the first Tuesday of the month.  Our Clerk routinely issues the meeting agenda and papers shortly before midnight on the Thursday before the meeting.  Some Councillors have questioned whether this gives 3 clear days notice, but the Clerk has advised that it does and it is only 'best practice' to discount the Saturday.

This month 3 meetings will be held back to back, the Annual Parish meeting, the Parish Council Annual meeting and the usual monthly Parish Council meeting.  The agendas and papers are yet to be issued.  If they are issued to Councillors, as is usual, on Thursday evening, then I assume that will be insufficient notice this month as Monday is a Bank Holiday?

Bearing in mind Councillors will, amongst other things, be electing a Chair will they still be able to make a valid election if insufficient notice of the meeting has been given?  Are there any other consequences to consider - I understand specific other time limits apply in an election year?

Answer 1

Three clear days is statutory. No ifs or buys.

Specifically:

Local Government Act 1972, Schedule 12 Part 2, paragraph 10, sub paragraph 2.

Answer 2

Your Clerk is certainly sailing close to the wind on this one but they could argue that this allows for the agenda to be as up to date as possible before serving it.  Their practice of sending the summons on the Thursday doesn't provide cover for bank holidays and religious days to they would be better to send them on the Wednesday.  Somebodyelse is correct that the 3 clear days are legislation but there is a further point that states that the want of summons upon any member of the council shall not affect the validity of the meeting. (LGA 1972, Sch 12, para 10 (3)).

What is more interesting is that the annual meeting of the parish (not the annual parish council meeting) has to be called by the Chair and not the Clerk and there should be 7 clear days notice for this meeting.  So if your Clerk is adding the annual meeting of the parish to the other 2, then they are incorrect.  This is all clearly stated in the LGA 1972, Sch 12, para 15.

Hope this helps