Agenda item

Considered –

The report of the Assistant Chief Executive Legal and Democratic Services informing the Committee of the situation of Kirby Grindalythe and Duggleby Parish Council and

to seek approval to invoke the power to temporarily appoint 3 North Yorkshire Council division members to sit on the Parish Council.

In order for a town and parish council to operate, they need to be quorate. There are

occasions where a town or parish council is not able to operate for this reason.

Section 91 (1) of the Local Government Act 1972 provides that the principal authority (North Yorkshire Council) can make an order to appoint to a town or parish council until such time as the vacancies on the parish council have been filled by either election or co-option.

Kirby Grindalythe and Duggleby Parish Council (KGDPC) comprises of 7 seats and

requires a minimum of 3 seats to be filled to be considered quorate. There are currently 3 parish councillors on the parish council, who were re-elected at an

uncontested election in May 2022. The last meeting of the parish council took place in 2021, and no meetings have been arranged since then. The parish council has been without a parish clerk since September 2020.

Section 85 (1) of the Local Government Act 1972 provides that if a member of a local

authority fails throughout a period of 6 consecutive months to attend a meeting of the

authority, then they cease to be a member. As the parish council was quorate meetings could have been convened.

Section 86 of the Local Government Act 1972 makes clear that where a member of a parish council ceases to be a member by reason of failure to attend meetings, the parish council shall declare their office to be vacant. A casual vacancy will only occur after the office has been declared to be vacant.

Where a council’s constitution has granted the proper officer of the council, which would be the parish clerk, the power to declare the office of councillor vacant, they can do so once the six-month deadline has passed and the person has ceased to be a member. Where no such powers have been granted to the parish clerk, the vacancy must be declared at a parish council meeting.

As there is currently no proper officer for KGDPC, the vacancies arising through non attendance of the parish councillors must be declared at a council meeting.

As the three parish councillors are no longer members of the parish council, the only option left is to invoke the power to make 3 appointments to enable the business of declaring the 3 vacancies to take place. Once declared vacant a notice of vacancy can be posted inviting requests for an election. If no election is requested then the appointees would then be able to co-opt new parish councillors to the remaining vacant seats.

Once the vacant seats have been filled by election (contested or non-contested) or by co-option, the appointees can then resign from the Parish Council if they wish to do so.

Resolved –

(i)That the Council appoints the division member for Easingwold, Councillor Nigel Knapton, the division member for Thornton Dale and Wolds, Councillor Janet Sanderson and the division member for Sheriff Hutton and Derwent, Councillor Caroline Goodrick under Section 91 (1) of the Local Government Act 1972 to Kirby Grindalythe Parish Council in order to make it quorate, unless or until either sufficient vacancies on Kirby Grindalythe Parish Council have been filled by way of co-option or election so that the Parish Council is able to act lawfully, or the Order made under Section 91 (1) is revoked.

ii) That the Assistant Chief Executive Legal and Democratic Services be authorised to make the required order as attached at Appendix A.

This was approved unanimously.