Issue - meetings

RESOLUTION TO EXTEND THE 6 MONTH RULE – SECTION 85 LOCAL GOVERNMENT ACT 1972

Meeting: 07/12/2021 - Council (Item 67)

67 RESOLUTION TO EXTEND THE 6 MONTH RULE – SECTION 85 LOCAL GOVERNMENT ACT 1972 pdf icon PDF 284 KB

To consider an extension of the six-month rule for Councillor John Bishop, having regard to the circumstances for absence from meetings.

Decision:

RESOLVED: That Council approves an extension of the six-month rule for Councillor John Bishop, on ill-health grounds, for an additional six-month period, until 15 July 2022, subject to re-election in May 2022.

 

REASONS FOR DECISION:

 

(1)       Section 85 of the Local Government Act 1972 states that ‘if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority’. Despite attempts for this to be changed (the Local Government Association previously lobbied for this to be dealt with potentially under the Coronavirus Bill 2020), this remains the current situation. 

 

(2)       To enable Cllr Bishop to continue to serve as a District Councillor.

Minutes:

Audio Recording – 8:30

 

The Democratic Services Manager presented the report entitled ‘Resolution to Extend the 6 Month Rule – Section 85 Local Government Act 1972’ and highlighted the following:

 

·                Councillor John Bishop had been unable to attend meetings due to ill health and the last meeting he attended was Planning Control Committee on 15 July 2021.

·                The 6 month period would expire on 15th January 2022; unless an extension was approved the scheduled Council meeting on 28 January would be too late to consider the extension.

·                The Council was requested to approve the extension.

·                If the extension was not approved and Councillor Bishop did not attend a meeting, the subsequent vacancy would be held open until the ordinary election of Councillors in May 2022.

·                The report acknowledges that should Councillor John Bishop wish to stand for re-election and was elected but continued to remain unwell the extension would continue until 15 July 2022; the extension relates to the individual not the seat.

 

The following Members asked questions:

 

·                Councillor Claire Strong

·                Councillor Sam North

·                Councillor Elizabeth Dennis-Harburg

·                Councillor Judi Billing

·                Councillor Richard Thake

 

Councillor Claire Strong proposed, Councillor Sam North seconded and on the vote it was:

 

RESOLVED: That Council approves an extension of the six-month rule for Councillor John Bishop, on ill-health grounds, for an additional six-month period, until 15 July 2022, subject to re-election in May 2022.

 

REASONS FOR DECISION:

 

(1)       Section 85 of the Local Government Act 1972 states that ‘if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority’. Despite attempts for this to be changed (the Local Government Association previously lobbied for this to be dealt with potentially under the Coronavirus Bill 2020), this remains the current situation. 

 

(2)       To enable Cllr Bishop to continue to serve as a District Councillor.