Correct procedure for resigning as a councillor

Question

If a resignation has been legally submitted in writing to the clerk what is the correct action for the clerk to take  - the legislation says with immediate effect but is that from when the Mayor of the Council formally receive the resignation

AND once submitted can it be legally withdrawn if you want to change your mind????

Answer 1

The Local Govt Act 1972 article 84 says the letter goes to the chair as below - once the chair gets the letter there is no going back.  The Chair should then notify the Clerk to inform the Principal Authority that there is a vacancy due to a resignation.  Once that happens too , the only way back is re election or co option.

"A person elected to any office under this Act ... may at any time resign his office by written notice delivered—

(a)except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;

(b)in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;

(c)in the case of a parish or community councillor, to the chairman of the parish or community council;

(d)in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;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.

Comments

If the letter was addressed for the attention of the Clerk, the Clerk should have informed the Cllr that it must go to the Chair. If the Chair never got it, either by being forwarded or by a new letter, technically the Cllr could remain in office.