Question

A councillor wishes to rescind his resignation, can he do this?

Answer 1

No. The Local Government Act 1972 section 84 says of how resignation is served: "In the case of a parish or community councillor, to the chairman of the parish or community council" and "his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered".

So if the resignation has been received by the chairman then it has taken effect and the person is no longer a councillor. The only way to reverse this would be for the council to co-opt them (after due notice), or if a poll is demanded by citizens, for him to win the by-election.

Comments

I agree with the above that if the chair has received the resignation unless the clerk has withheld it, this happened to me when I was chair of a parish council,