Local Government Act 1972 Schedule 12
1(1)A principal council shall in every year hold an annual meeting.
(2)The annual meeting of a principal council F1. . . shall be held—
(a)in a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of councillors or such other day within the twenty-one days immediately following the day of retirement as the council may fix;
(b)in any other year, on such day in the month of March, April or May as the council may fix.
(4)An annual meeting of a principal council shall be held at such hour as the council may fix, or if no hour is so fixed at twelve noon.
2(1)A principal council may in every year hold, in addition to the annual meeting, such other meetings as they may determine.
(2)Those other meetings shall be held at such hour and on such days as the council may determine.
3(1)An extraordinary meeting of a principal council may be called at any time by the chairman of the council.
(2)If the chairman refuses to call an extraordinary meeting of a principal council after a requisition for that purpose, signed F4. . . by five members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then F4. . . any five members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the council.
4(1)Meetings of a principal council shall be held at such place, either within or without their area, as they may direct.
(2)Three clear days at least before a meeting of a principal council
(a)notice and where the meeting is called by members of the council the notice shall [F9set out the names of] those members and shall specify the business proposed to be transacted thereat; and
(b)a summons to attend the meeting, specifying the business to be transacted thereat, and [F10authenticated] by the proper officer of the council, [F11must, subject to sub-paragraph (3), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose.]
(3)If a member of a principal council [F14in Wales] gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at [F15 an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address. ]
(4)Want of service of a summons on any member of a principal council shall not affect the validity of a meeting of the council.
(5)Except in the case of business required by or under this or any other Act to be transacted at the annual meeting of a principal council and other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.
5(1)At a meeting of a principal council the chairman, if present, shall preside.
(2)If the chairman is absent from a meeting of a principal council, then—
(a)F17. . ., the vice-chairman of the council, if present, shall preside;
F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in the case of a London borough council, the deputy mayor, if at that time he remains a councillor F19. . . and is chosen for that purpose by the members of the council then present, shall preside.
(3)If—
(a)in the case of a principal council F20. . ., both the chairman and vice-chairman of the council are absent from a meeting of the council;
F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in the case of a London borough council, the mayor and deputy mayor are so absent or the deputy mayor being present is not chosen;
another member of the council chosen by the members of the council present shall preside.
6Subject to paragraph 45 below, no business shall be transacted at a meeting of a principal council unless at least one quarter of the whole number of members of the council are present.
Modifications etc. (not altering text)
C22 Sch. 12 para. 6 applied (with modifications)(8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. II
C23 Sch. 12 para. 6 modified by S.I. 2020/156, art. 6(7)(9) (as substituted (E.) (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)
C24 Sch. 12 para. 6 modified by S.I. 2019/957, art. 3(7) (as substituted (E.) (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 4)
[F256ZA(1)A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority.
(2)Sub-paragraph (1) applies—
(a)only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and
(b)only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.
(3)If a request under sub-paragraph (2)(b) is made to a principal council, the council must—
(a)consider the request,
(b)give reasons for their decision to agree to or refuse the request, and
(c)publish those reasons in such manner as they think appropriate.
(4)If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority—
(a)paragraph 3(2);
(b)paragraph 4(1A);
(c)paragraph 5(3);
(d)paragraph 6;
(e)paragraph 39;
(f)paragraph 40;
(g)paragraph 41(3);
(h)paragraph 43.
(5)In this paragraph “relevant police and crime commissioner”, in relation to a principal council, means a police and crime commissioner—
(a)whose area is the same as, or contains all of, the area of the principal council, or
(b)all or part of whose area falls within the area of the principal council.]
Textual Amendments
F25 Sch. 12 Pt. 1 para. 6ZA inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3
Modifications etc. (not altering text)
C25 Sch. 12 Pt. 1 para. 6ZA excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 2(c)
[F26Part IA Joint Authorities and Inner London Education Authority Textual Amendments
F26 Sch. 12 Pt. 1A inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 35(2)
[F276A(1)Paragraph 1 above applies to a joint authority [F28, an economic prosperity board, [F29, a combined authority or a combined county authority]] F30.... . . as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix.
F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F27 Sch. 12 para. 6A substituted by Local Government Act 1986 (c. 10, SIF 81:1), s. 10(3)
F28 Words in Sch. 12 para. 6A(1) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 39; S.I. 2009/3318, art. 2(c)
F29 Words in Sch. 12 para. 6A substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 52 (with s. 247)
F30 Words in Sch. 12 para. 6A(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 116(2)(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 37)
F31 Sch. 12 para. 6A(2) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
Modifications etc. (not altering text)
C26 Sch. 12 para. 6A amended by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 1(p)
C27 Sch. 12 para. 6A modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)
Sch. 12 para. 6A excluded (10.5.2000) by S.I. 2000/1095, art. 5(2)
C28 Sch. 12 para. 6A(1) modified (25.5.2001 with effect for the year 2001) by S.I. 2001/1630, art. 2
Sch. 12 para. 6A(1) modified (13.3.2004) by S.I. 2004/222, art. 4(2)
6BThe other provisions of Part I of this Schedule [F32other than paragraph 6ZA] shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that
[F33(a)]the number of members mentioned in paragraph 3(2) shall be three, F34...
F34(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F32 Words in Sch. 12 Pt. 1A para. 6B inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3
F33 Word in Sch. 12 para. 6B inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 15(3)(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4(1), Sch.
F34 Sch. 12 para. 6B(b) and word omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 116(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 37)
F35 Sch. 12 para. 6B(c) and preceding word repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch. 6 para. 32(b)(ii), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art.4)
Modifications etc. (not altering text)
C29 Sch. 12 para. 6B modified by S.I. 1985/1884, arts. 10, 11(3), Sch. 3 para. 3(c) and by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(o)
Part II
Parish Councils
7(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.
(3)The annual meeting of a parish council shall be held at such hour as the council may fix or, if no hour is so fixed, 6 o’clock in the evening.
8(1)A parish council shall in every year hold, in addition to the annual meeting, such other meetings (not less than three) as they may determine.
(2)Those other meetings shall be held at such hour and on such days as the council may determine.
9(1)An extraordinary meeting of a parish council may be called at any time by the chairman of the council.
(2)If the chairman refuses to call an extraordinary meeting of the council after a requisition for that purpose, signed by two members of the council, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after such a requisition has been presented to him, any two members of the council, on that refusal or on the expiration of those seven days, as the case may be, may forthwith convene an extraordinary meeting of the council.
10(1)Meetings of a parish council shall be held at such place, either within or without their area, as they may direct, but shall not be held in unless no other suitable room is available either free of charge or at a reasonable cost.
(2)Three clear days at least before a meeting of a parish council—
(a)notice of the time and place of the intended meeting shall be fixed in some conspicuous place in the parish and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted at the meeting; and
(3)Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the parish council concerned shall not affect the validity of the meeting.
11(1)At a meeting of a parish council the chairman of the council, if present, shall preside.
(2)If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council, if present, shall preside.
(3)If both the chairman and vice-chairman of the council are absent from a meeting of the council, such councillor as the members of the council present shall choose shall preside.
12Subject to paragraph 45 below, no business shall be transacted at a meeting of a parish council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three.
13(1)Unless otherwise provided by the council’s standing orders the manner of voting at meetings of a parish council shall be by a show of hands.
(2)On the requisition of any member of the council the voting on any question shall be recorded so as to show whether each member present and voting gave his vote for or against that question.
Part III
Parish Meetings
14(1)The parish meeting of a parish shall assemble annually on some day between 1st March and 1st June, both inclusive, in every year.
(2)Subject to sub-paragraph (1) above and to sub-paragraph (3) below, parish meetings shall be held on such days and at such times as may be fixed by the parish council or, if there is no parish council, by the chairman of the parish meeting.
(3)In a parish which does not have a separate parish council the parish meeting shall, subject to any provision made by a grouping order, assemble at least twice in every year.
(4)The proceedings at a parish meeting shall not commence earlier than 6 o’clock in the evening.
(5)A parish meeting shall not be held in [F39premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)] , except in cases where no other suitable room is available for such a meeting either free of charge or at a reasonable cost.
15(1)A parish meeting may be convened by—
(a)the chairman of the parish council, or
(b)any two parish councillors for the parish, or
(c)where there is no parish council, the chairman of the parish meeting or any person representing the parish on the district council, or
(d)any six local government electors for the parish.
(2)Not less than seven clear days, or, in a case falling within sub-paragraph (3) below, not less than fourteen clear days, before a parish meeting, public notice of the meeting shall be given, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by the person or persons convening the meeting.
(3)The fourteen-day period of notice specified in sub-paragraph (2) above is applicable if any business proposed to be transacted at a parish meeting relates to—
(a)the establishment or dissolution of a parish council, or
(b)the grouping of the parish with another parish or parishes under a common parish council.
(4)Public notice of a parish meeting shall be given—
(a)by posting a notice of the meeting in some conspicuous place or places in the parish, and
(b)in such other manner, if any, as appears to the person or persons convening the meeting to be desirable for giving publicity to the meeting.
16The chairman of a parish council shall be entitled to attend a parish meeting for the parish (or, where a grouping order is in force, for any of the parishes comprised in the group) whether or not he is a local government elector for the parish, but if he is not such an elector he shall not be entitled to give any vote at the meeting other than any casting vote which he may have by virtue of paragraph 18(3) below.
17(1)In a parish having a separate parish council the chairman of the parish council, if present, shall preside at a parish meeting and if he is absent the vice-chairman (if any) shall, if present, preside.
(2)In a parish which does not have a separate parish council the chairman chosen for the year in question under section 15(10) or 88(3) above, if present, shall preside.
(3)If the chairman and the vice-chairman of the parish council or the chairman of the parish meeting, as the case may be, is absent from an assembly of the parish meeting, the parish meeting may appoint a person to take the chair, and that person shall have, for the purposes of that meeting, the powers and authority of the chairman.
18(1)Subject to the provisions of this Act, each local government elector may, at a parish meeting or at a poll consequent thereon, give one vote and no more on any question.
(2)A question to be decided by a parish meeting shall, in the first instance, be decided by the majority of those present at the meeting and voting thereon, and the decision of the person presiding at the meeting as to the result of the voting shall be final unless a poll is demanded.
(3)In the case of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to any other vote he may have.
(4)
(5)[F40A poll consequent on a parish meeting shall be a poll of those entitled to attend the meeting as local government electors, and shall be taken by ballot in accordance with rules made by the Secretary of State, and the provisions of the rules with respect to the elections of parish councillors under [F41section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act] shall, subject to any adaptations, alterations or exceptions made by the first-mentioned rules, apply in the case of a poll so taken as if it were a poll for the election of parish councillors.]
(6)
[F42(7)A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting, subject to regulations made under sub-paragraph (8).
(8)The Secretary of State may by regulations make provision about polls consequent on parish meetings, in particular about—
(a)the questions arising at a meeting on which a poll may be demanded,
(b)the circumstances in which a poll may or must be taken (including provision as to the number of local government electors who must demand a poll for a poll to be taken), and
(c)the conduct of a poll.
(9)Regulations under sub-paragraph (8)(c) may apply any electoral enactment (with or without modifications) to polls consequent on parish meetings.
(10)In sub-paragraph (9) “electoral enactment” means an enactment which relates to elections or referendums.
(11)A statutory instrument containing regulations under sub-paragraph (8) is subject to annulment in pursuance of a resolution of either House of Parliament.]
19(1)Minutes of the proceedings of a parish meeting, or a committee thereof, shall be drawn up and entered in a book provided for the purpose and shall be signed at the same or the next following assembly of the parish meeting, or, as the case may be, meeting of the committee, by the person presiding at the meeting, and any minute purporting to be so signed shall be received in evidence without further proof.
(2)Until the contrary is proved, a parish meeting, or a meeting of a committee thereof, in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) above shall be deemed to have been duly convened and held, and all the persons present at the meeting shall be deemed to have been duly qualified, and where the proceedings are those of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.
20(1)Subject to the provisions of this Act, in a parish having a separate parish council the parish council may make, vary and revoke standing orders for the regulation of proceedings and business at parish meetings for the parish.
(2)In a parish which does not have a separate parish council, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business.
21(1)Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at a poll consequent on a parish meeting on such terms and conditions as the Treasury may determined.
(2)Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request and if not required for immediate use by that authority, be lent as aforesaid on such terms and conditions as may be agreed.
22If any person, in a poll consequent on a parish meeting—
(a)fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or
(b)without due authority supplies a ballot paper to any person; or
(c)fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or
(d)fraudulently takes out of the polling station any ballot paper; or
(e)without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;
he shall— (i)if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and
(ii)in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.
