New Councillor cant attend AGM

Question

We have a newly elected Councillor who was unable to attend the AGM due to being on holiday. They did not notify the clerk of their absence but the Chairman as they are friends. The acceptance forms have therefore not been signed. I understand it that there would now be a vacancy? Am I correct?  What happens now?

Answer 1

Perhaps the council should have passed a resolution to extend the date for signing the acceptance form.

See the Electoral commission Guidance for councillors which says...

Declaration of acceptance of office

1.1 If elected, you may not act as a councillor (this includes attending and voting at meetings) until you have signed the declaration of acceptance of office.

1.2 The declaration must be made in the presence of a member of the parish/community council or of the proper officer of the parish/community council. The declaration must be made and delivered to the council before or at the first meeting of the parish or community council after your election (unless the council at that meeting permits you to do so before or at a later meeting fixed by the council). If you do not submit your declaration by this deadline, the seat will be declared vacant and a notice of casual vacancy will be published.

See also LGA Section 83

Answer 2

It depends if the council is a parish / town council or borough / district...

The Local Government Act 1972, s83 details that borough, council or district councillors have 2 months to get their acceptance of office in from the date of the election but that parish and town councillors have to hand in their forms either before or at the next meeting or at a later date if agreed in advance by the council.  If that hasn't happened, they have lost their seat it would seem....

So depending on what type of council you are talking about, there are different treatments.

 

Answer 3

If this is a Parish Council and it creates a vacancy and no poll is demanded, I presume that there is nothing to prevent the Parish Council from co-opting the councillor who failed to take up their seat.