Is it a lawful requirement that an Annual Meeting must be held within 14 days of an election?

Question

Hi

If the Annual Meeting of a parish council is in an election year, is there a lawful requirement that it must be held within 14 days after that election?

If so, are there any repercussions for failing to comply with that lawful requirement?

Any advice would be most appreciated.

Thank you

Sam

Answer 1

LGA 1972 Schedule 12 Part 2 Paragraph 7 states:-
(1) A parish council shall in every year hold an annual meeting.
(2) In a year which is a year of ordinary elections of parish councillors, the annual meeting of a parish council shall be held on, or within fourteen days after, the day on which the councillors elected at that election take office, and in any other year the annual meeting shall be held on such day in May as the parish council may determine.

So it's a requirement of the legislation, but like so many issues in local council legislation, there isn't an obvious penalty for non-compliance.

Comments

For clarity, it isn't 14 days after the election, but 14 days after those elected take office.

Part 1 Paragraph 16(3) includes:-
"...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."

So, in effect, it's 18 days after the election.

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Your response and knowledge is deeply appreciated. Many thanks again DtC!
Kind regards

Sam

Answer 2

All that has been stated is correct but it is a moot point this year as all elections have been cancelled, as has the requirement to hold the Annual parish council meeting where the chair is elected.  In theory, the Chair will continue until May 2021.