Local Government Act 1972
1972 c.70
An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates’ courts committees; to abolish certain inferior courts of record; and for connected purposes.
[26th October 1972]
(1) For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.
(2) The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of Schedule 1 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of each Part of that Schedule.
(3) The districts in the metropolitan counties shall be those respectively specified in column 2 of the said Part I and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in that column, and the Secretary of State may by order provide a name for any such district.
(4) The districts in the non-metropolitan counties shall be those respectively specified in one or more orders made by the Secretary of State under paragraph 1 of Schedule 3 to this Act and having the names given to them by one or more orders so made.
(5) Part III of Schedule 1 to this Act shall have effect in relation to the boundaries of the new local government areas.
(6) Subject to Part IV of Schedule 1 to this Act and to any provision corresponding to that Part made by an order under section 254 below, the rural parishes existing immediately before 1st April 1974 shall continue to exist on and after that date by the name of parishes.
(7) The said Part IV shall have effect with respect to the existing rural parishes which by virtue of this Act are comprised in more than one county or more than one metropolitan district.
(8) Part V of Schedule 1 to this Act shall have effect for the purpose of constituting parishes the boundaries of which are determined by reference to those of existing boroughs and urban districts and also, in cases where the areas of such boroughs and urban districts are divided by or under this section between two or more new districts, by reference to the boundaries of the new districts.
(9) The boroughs which by virtue of section 141 of the 1933 Act or section 28 of the Local Government Act 1958 are included in rural districts immediately before the passing of this Act shall on the passing of this Act become parishes without ceasing to be boroughs, but shall cease to be boroughs on 1st April 1974.
(10) On that date the following local government areas existing immediately before that date outside Greater London and the Isles of Scilly, that is to say, all administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes, shall cease to exist and the council of every such area which has a council shall also cease to exist.
(11) On that date the municipal corporation of every borough outside Greater London (and the corporation of a borough included in a rural district) shall cease to exist.
(12) In this section “England” does not include the administrative county of Monmouthshire or the county borough of Newport.
(1) For every non-metropolitan county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.
(2) For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.
(2A) Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive ..., the council shall consist of an elected mayor, a chairman and councillors.
(2B) In such a case, a reference in this Act to a member of a council is a reference to—
(a) the elected mayor of the council,
(b) the chairman of the council, or
(c) a councillor of the council.
(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name “The County Council” or “The District Council”, as the case may be, with the addition of the name of the particular county or district.
(1) The chairman of a principal council shall be elected annually by the council from among the councillors.
(1A) A member of the executive of a principal council may not be elected as the chairman of the council.
(2) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.
(3) During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.
(4) The chairman of a district council shall have precedence in the district, but not so as prejudicially to affect Her Majesty’s royal prerogative.
(4A) Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive . . . as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply.
(5) A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.
(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.
(2) If, apart from section 3(3) above or section 5(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.
(3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.
(1) A principal council shall appoint a member of the council to be vice-chairman of the council.
(1A) A member of the executive of a principal council may not be appointed as the vice-chairman of the council.
(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.
(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.
(4) A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.
(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Representation of the People Act 1983.
(2) For the purposes of the election of councillors—
(a) every non-metropolitan county shall be divided into electoral divisions, each returning (subject to paragraph 3 of Schedule 3 to this Act and subject to section 56(8) of the Local Democracy, Economic Development and Construction Act 2009and section 12(4) of the Local Government and Public Involvement in Health Act 2007) one councillor;
(b) every metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;
(c) every non-metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;
and there shall be a separate election for each electoral division or ward.
(3) The number of councillors referred to in subsection (2)(b) or (c) above may be provided—
(a) under or by virtue of the provisions of section 7 below;
(b) by an order under Part 2 of the Local Government Act 1992 (c. 19) or Part 3 of the Local Democracy, Economic Development and Construction Act 2009;
(c) by an order under section 14 of the Local Government and Rating Act 1997 (c. 29);
(d) by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007.
(1) The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.
(2) The ordinary elections of metropolitan district councillors shall take place in 1973, 1975 and every year thereafter other than 1977 and every fourth year thereafter.
(3) Subject to paragraph 4 of Schedule 3 to this Act, the term of office of metropolitan district councillors shall be four years and one-third of the whole number of councillors in each ward of a metropolitan district, being those who have been councillors for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1975 the newly elected councillors shall come into office on the day on which their predecessors retire.
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(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(7) Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may direct the Local Government Commission for England to conduct a review and make recommendations in the light of the request with respect to—
(a) the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;
(b) the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;
and the provisions of Part II of the Local Government Act 1992 shall apply accordingly.
(8) The ordinary elections of non-metropolitan district councillors shall take place—
(a) except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and
(b) where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.
(9) The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to non-metropolitan district councillors:—
(a) their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;
(b) except where an order is in force providing for the election of councillors by thirds, the whole number of 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 in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and
(c) where such an order is in force, one-third of the whole number of councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.
(1) For every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment and, subject to the provisions of this Act or any instrument made thereunder, for every parish or group of parishes having a parish council before 1st April 1974 there shall continue to be a parish council.
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(4) Subject to any order under section 10 or 11 below Part II of the Local Government Act 1992 or section 86 of the Local Government and Public Involvement in Health Act 2007, there shall be a separate parish council for—
(a) every parish which immediately before the passing of this Act was a borough included in a rural district;
(b) every parish which immediately before the passing of this Act was co-extensive with a rural district;
(c) every parish established by paragraph 1 of Part IV of Schedule 1 to this Act;
(d) every parish to which part of another parish is added by paragraph 2 of the said Part IV and which immediately before the passing of this Act had no parish council; and
(e) every parish constituted under Part V of Schedule 1 to this Act.
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(6) An order shall not be made under section 86 of the Local Government and Public Involvement in Health Act 2007 establishing a separate parish council for a parish grouped under a common parish council unless by that order or an order under section 11(4) below the parish is separated from the group or the group is dissolved, and where the group is not dissolved, the order under section 86 of the 2007 Act shall make such provision as appears to the district council to be necessary for the alteration of the parish council of the group.
10 Power to dissolve parish councils in small parishes.
(1) Where the population of a parish having a separate parish council includes not more than 150 local government electors, the parish meeting may apply to the district council London borough council for the dissolution of the parish council, and thereupon the district council London borough council may by order dissolve the parish council.
(2) Where an application under this section by a parish meeting is rejected, another such application may not be presented by that meeting within two years from the making of the previous application.
11 Orders for grouping parishes, dissolving groups and separating parishes from groups.
(1) The parish meeting of a parish may apply to the district council or London borough council for an order grouping the parish with some neighbouring parish or parishes in the same district or London borough under a common parish council or by adding the parish to an existing group of such parishes under such a council, and the district council or London borough councilmay thereupon make an order accordingly, but subject to subsection (2) below.
(2) Parishes shall not be grouped without the consent of the parish meeting of each of the parishes.
(3) A grouping order shall make the necessary provision—
(a) for the name of the group;
(b) the electoral arrangements that are to apply to the council;
(c) for the application to the parishes included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of parish documents, so as to preserve the separate rights of each parish;
(d) for the dissolution of the separate parish council of any parish included in the group,
and the order may provide for the consent of the parish meeting of a parish being required to any particular act of the parish council, and for any necessary adaptations of this Act to the group of parishes or to the parish meetings of the parishes in the group.
(3A) In this section “electoral arrangements”, in relation to a council, means all of the following—
(a) the year in which ordinary elections of councillors are to be held;
(b) the number of councillors to be elected to the council by each parish;
(c) the division (or not) of any of the parishes, into wards for the purpose of electing councillors;
(d) the number and boundaries of any such wards;
(e) the number of councillors to be elected for any such ward;
(f) the name of any such ward.
(4) The district council or London borough council may on the application of the council of a group of parishes or of the parish meeting of any parish included in a group of parishes make an order dissolving the group or separating one or more of those parishes from the group, and an order so made shall make such provision as appears to the district council or London borough council to be necessary for the election of a parish council for any of the parishes in the group, where it is dissolved, and for any of the parishes separated from the group, where it is not.
(5) Parishes grouped under a common parish council before 1st April 1974 and situated in different districts on and after that date shall, notwithstanding that they are so situated, continue to be grouped under that council—
(a) unless an order is made under . . . subsection (4) above or Part II of the Local Government Act 1992or section 86 of the Local Government and Public Involvement in Health Act 2007 dissolving the group; or
(b) except so far as such an order separates one or more of the parishes from the group;
and any order under subsection (4) above or section 86 of the Local Government and Public Involvement in Health Act 2007 in relation to any parishes so situated shall be made by the district councils concerned acting jointly.
(1) An order under section 11(1) which forms a new group may make the provision set out in subsection (3).
(2) But the order must make that provision in either of these cases—
(a) if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;
(b) if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.
(3) The provision referred to in subsections (1) and (2) is—
(a) provision that each of the parishes in the group shall have an alternative style, or
(b) provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.
(4) Provision made by virtue of subsection (3)(a)—
(a) must provide for each of the parishes to have the same alternative style;
(b) may provide for each of the parishes to have an alternative style which any of them already has;
(c) has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.
(5) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—
(a) the parishes in the group do not have an alternative style, and
(b) at least one of the parishes which is to be added has an alternative style.
(6) The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.
(7) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—
(a) the parishes in the group have an alternative style, and
(b) at least one of the parishes which is to be added—
(i) has a different alternative style, or
(ii) does not have any of the alternative styles.
(8) The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.
(9) If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—
(a) “group of communities”;
(b) “group of neighbourhoods”;
(c) “group of villages”.
(10) As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Local Government Boundary Commission for England;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council or county council within whose area the parish lies.
(1) This section applies if—
(a) the parishes in a group of parishes have an alternative style, and
(b) an order under section 11(4) dissolves the group or separates one or more parishes from the group.
(2) The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.
(3) In subsection (2) “de-grouped parish” means—
(a) in the case of dissolution of the group, each parish in the group;
(b) in the case of separation of one or more parishes from the group, each parish that is separated.
(1) An order made by a district council or district councils or by a London borough council under section . . . 10 or 11 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council or district councils or the London borough council to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.
(2) When any such order is made, section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters) shall apply as if—
(i) the reference in subsection (1) to an order under section 7 or 10 of that Act were to an order under section 10 or 11 of this Act; and
(ii) the reference in subsection (5)(b) to any order or regulations under Chapter 1 of Part 1 of that Act were to an order under section 10 or 11 of this Act.
(3) Two copies of every order under section 10 or 11 above shall be sent to the Secretary of State.
(1) This section applies to a parish which is not grouped with any other parish.
(2) The appropriate parish authority may resolve that the parish shall have one of the alternative styles.
(3) If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.
(4) A single resolution may provide for a parish—
(a) to cease to have an alternative style, and
(b) to have another of the alternative styles instead.
(5) As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Local Government Boundary Commission for England;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council, county council or London borough council within whose area the parish lies.
(6) In this section “appropriate parish authority” means—
(a) the parish council, or
(b) if the parish does not have a parish council, the parish meeting.
(1) This section applies to a group of parishes.
(2) The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.
(3) If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.
(4) A single resolution may provide for each of the grouped parishes—
(a) to cease to have an alternative style, and
(b) to have the same one of the other alternative styles instead.
(5) If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—
(a) “group of communities”;
(b) “group of neighbourhoods”;
(c) “group of villages”.
(6) As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Local Government Boundary Commission for England;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council, county council or London borough council within whose area the group lies.
(1) The parish meeting of a parish shall consist of the local government electors for the parish.
(2) Any act of a parish meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting, or, if an instrument under seal is required, by an instrument signed by those persons and sealed with the seal of the parish council in the case of a parish having a separate parish council or the parish trustees in any other case, if that council or those trustees have a seal, or, if they do not, with the seals of those persons.
(3) In a parish not having a separate parish council the chairman of the parish meeting and the proper officer of the district council shall be a body corporate by the name of “the Parish Trustees” with the addition of the name of the parish.
(4) The parish trustees of a parish shall act in accordance with any directions given by the parish meeting.
(5) Notwithstanding anything in any rule of law the parish trustees need not have a common seal, but where they have no seal any act of theirs which requires to be signified by an instrument under seal may be signified by an instrument signed and sealed by the persons who are the parish trustees.
(5A) If the parish has the style of community—
(a) the parish meeting shall have the style of “community meeting”;
(b) the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community.
(5B) If the parish has the style of neighbourhood—
(a) the parish meeting shall have the style of “neighbourhood meeting”;
(b) the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood.
(5C) If the parish has the style of village—
(a) the parish meeting shall have the style of “village meeting”;
(b) the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.
(1) A parish council shall consist of the chairman and parish councillors and shall have all such functions as are vested in the council by this Act or otherwise.
(2) The parish council shall be a body corporate by the name “The Parish Council” with the addition of the name of the particular parish.
(2A) If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community.
(2B) If the parish has the style of neighbourhood, the council shall be known by the name “The Neighbourhood Council” with the addition of the name of the neighbourhood.
(2C) If the parish has the style of village, the council shall be known by the name “The Village Council” with the addition of the name of the village.
(2D) If parishes are grouped under a common parish council—
(a) subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but
(b) the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.
(3) Notwithstanding anything in any rule of law, a parish council need not have a common seal, but where a parish council have no seal any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.
15 Chairman and vice-chairman of parish council or meeting.
(1) The chairman of a parish council shall be elected annually by the council from among the elected councillors.
(2) The election of a chairman shall be the first business transacted at the annual meeting of the parish council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the parish council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.
(3) In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.
(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.
(5) A parish council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.
(6) The parish council may appoint a member one of the elected members of the council to be vice-chairman of the council.
(7) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.
(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of parish councillors.
(9) Subject to any standing orders made by the parish council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.
(10) In a parish not having a separate parish council, the parish meeting shall, subject to any provisions of a grouping order, at their annual assembly elect a chairman for the year who shall continue in office until his successor is elected.
(11) If the parish has the style of community, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the community council”;
(b) “vice-chairman of the community council”.
(12) If the parish has the style of neighbourhood, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the neighbourhood council”;
(b) “vice-chairman of the neighbourhood council”.
(13) If the parish has the style of village, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the village council”;
(b) “vice-chairman of the village council”.
(14) If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.
(1) The number of elected parish councillors for each parish council shall not be less than five.
(2) Parish councillors shall be elected by the local government electors for the parish in accordance with this Act and Part I of the Representation of the People Act 1983 and relevant electoral arrangements.
(2A) In their application to the election of parish councillors, this Act and Part 1 of the Representation of the People Act 1983 (c. 2) are subject to the relevant electoral arrangements that apply to the election.
(2B) For the purposes of this section “relevant electoral arrangements” means—
(a) any arrangements about the election of councillors that are made in, or applicable by virtue of, provision made by virtue of section 245(6)(b) of the Local Government and Public Involvement in Health Act 2007 (transitional, saving or transitory provision), and
(b) any electoral arrangements applicable to the council by virtue of an order under section 7 or 10 or an order under section 86 of the Local Government and Public Involvement in Health Act 2007.
(3) Subject to any provision included in an order by virtue of section 67 below and to the provisions of paragraphs 12 and 13 of Schedule 3 to this Act, the ordinary elections of parish councillors shall take place in 1976, 1979 and every fourth year thereafter, their term of office shall be three years in the case of those elected at the ordinary elections in 1976 and four years in the case of those elected at ordinary elections held thereafter, and 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.
(4) Where a parish is not divided into parish wards there shall be one election of parish councillors for the whole parish.
(5) Where a parish is divided into parish wards there shall be a separate election of parish councillors for each ward.
(6) If the parish has the style of community, the councillors shall have the style of “councillors of the community council”.
(7) If the parish has the style of neighbourhood, the councillors shall have the style of “councillors of the neighbourhood council”.
(8) If the parish has the style of village, the councillors shall have the style of “councillors of the village council”.
(9) If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.
(1) A parish council may appoint persons to be councillors of the council.
(2) The Secretary of State may by regulations make provision about—
(a) the appointment of persons under this section;
(b) the holding of office after appointment under this section.
(3) The regulations may, in particular, make provision about any of the following matters—
(a) persons who may be appointed;
(b) the number of persons who may be appointed;
(c) the term of office of persons appointed;
(d) the right of persons appointed to participate in decision-making by the council (including voting);
(e) purposes for which a person appointed is to be treated as an elected councillor;
(f) the filling of vacancies.
(4) In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies for the purposes of sections 9 to 16A.
(2) “Alternative style” means one of the following styles—
(a) “community”;
(b) “neighbourhood”;
(c) “village”.
(3) References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of—
(a) a relevant order, or
(b) a resolution under section 12A or 12B.
(4) The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish.
(5) A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style.
(6) A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6).
(7) In this section “relevant order” means an order under—
(a) section 11 of this Act, or
(b) section 86 of the Local Government and Public Involvement in Health Act 2007.
Schedule 3 to this Act shall have effect with respect to the division of non-metropolitan counties into districts, the establishment of the new local authorities in England, the suspension of elections of members of existing local authorities there and related matters.
(1) For the administration of local government on and after 1st April 1996, the local government areas in Wales shall be—
(a) the new principal areas; and
(b) the communities.
(2) The new principal areas (determined by reference to areas which, immediately before the passing of the Local Government (Wales) Act 1994, are local government areas) are set out in Parts I and II of Schedule 4 to this Act.
(3) Each of the new principal areas shall have the name given to it in Schedule 4.
(4) The new principal areas set out in Part I of Schedule 4 shall be counties and those set out in Part II of that Schedule shall be county boroughs.
(5) In this Act “principal area”, in relation to Wales, means a county or county borough.
(6) The counties which were created by this Act, as originally enacted, as counties in Wales, and the districts within them, shall cease to exist on 1st April 1996 except that the preserved counties shall continue in existence (with, in some cases, modified boundaries) for certain purposes.
(7) The councils of the counties and districts mentioned in subsection (6) above shall cease to exist on 1st April 1996.
(8) The areas of the preserved counties are set out in Part III of Schedule 4 and are determined by reference to local government areas in existence immediately before the passing of the Local Government (Wales) Act 1994.
(9) The Secretary of State may by order change the name by which any of the preserved counties is for the time being known.
(10) Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11) The Welsh name of each of the new principal areas is shown in Schedule 4 immediately after its English name.
(1) For every principal area in Wales there shall be a council consisting of a chairman and councillors.
(1A) Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive ..., the council shall consist of an elected mayor, a chairman and councillors.
(1B) In such a case, a reference in this Act to a member of a council is a reference to—
(a) the elected mayor of the council,
(b) the chairman of the council, or
(c) a councillor of the council.
(2) Each such council shall be a body corporate and shall have the functions given to them by this Act or otherwise.
(3) Each council for a county in Wales shall have the name of the county with the addition—
(a) in the case of their English name, of the words “County Council” or the word “Council” (as in “Cardiganshire County Council” or “Cardiganshire Council”); and
(b) in the case of their Welsh name, of the word “Cyngor” (as in “Cyngor Sir Aberteifi”).
(4) Each council for a county borough in Wales shall have the name of the county borough with the addition—
(a) in the case of their English name, of the words “County Borough Council” or the word “Council” (as in “Caerphilly County Borough Council” or “Caerphilly Council”); and
(b) in the case of their Welsh name, of the words “Cyngor Bwrdeistref Sirol” or the word “Cyngor” (as in “Cyngor Bwrdeistref Sirol Caerffili” or “Cyngor Caerffili”).
(5) In the case of Abertawe, Caerdydd and Powys subsection (3)(b) above shall have effect as if it required the addition of the words “Cyngor Sir”.
(1) The chairman of a principal council shall be elected annually by the council from among the councillors.
(1A) A member of the executive of a principal council , or an assistant to the executive, may not be elected as the chairman of the council.
(2) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.
(3) During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.
(4) The chairman of a principal council shall have precedence in the area of that council, but not so as to affect Her Majesty’s prerogative prejudicially.
(4A) Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive ... as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.
(2) If, apart from section 22(3) above or section 24(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.
(3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.
(1) A principal council shall appoint a member of the council to be a vice-chairman of the council.
(1A) A member of the executive of a principal council , or an assistant to the executive, may not be appointed as the vice-chairman of the council.
(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.
(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A principal council may determine to have a presiding member.
(2) A presiding member is elected by the principal council from among the councillors.
(3) The principal council may determine—
(a) the functions of the presiding member, and
(b) the term of office of the member (subject to the limits in subsection (6)).
(4) The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.
(5) A member of the executive of a principal council , or an assistant to the executive, may not be elected as its presiding member.
(6) A presiding member is to continue in office until the occurrence of—
(a) the presiding member's resignation or disqualification,
(b) a successor becoming entitled to act as presiding member,
(c) the principal council determining not to have an office of presiding member, or
(d) an ordinary council election under section 26.
(1) The section applies where a principal council have determined to have a presiding member.
(2) The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).
(3) A member of the executive of a principal council , or an assistant to the executive, may not be appointed as the deputy presiding member.
(4) A deputy presiding member is to continue in office until the occurrence of—
(a) the deputy presiding member's resignation or disqualification,
(b) a successor becoming entitled to act as deputy presiding member,
(c) the council determining not to have an office of presiding member, or
(d) an ordinary council election under section 26.
(5) A deputy presiding member may do anything authorised or required to be done by the presiding member.
(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act , Part 1 of the Representation of the People Act 1983 , and Part 1 of the Local Government and Elections (Wales) Act 2021.
(2) For the purpose of the election of councillors, every principal area in Wales shall be divided into electoral wards, each returning such number of councillors as may be provided by an order under paragraph 2 of Schedule 5 to this Act or under or by virtue of the provisions of Part IV of this Act or Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 , or by regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021.
(3) There shall be a separate election for each electoral ward.
25A Title of chairman or vice-chairman of county borough council.
(1) The chairman of a county borough council is entitled to the style of “mayor” or “maer”.
(2) The vice-chairman of a county borough council is entitled to the style of “deputy mayor” or “dirprwy faer”.
(3) This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive ....
(1) This section applies where—
(a) a principal council have determined to have a presiding member under section 24A, and
(b) the chairman of the council is not entitled to the style of “mayor” or “maer”.
(2) The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.
(3) The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.
(1) The ordinary elections of councillors of the new principal councils shall take place in 2022 and in every fifth year after 2022.
(2) The term of office of every such councillor shall be five years.
(3) On the fourth day after any such ordinary election—
(a) the persons who were councillors immediately before the election shall retire; and
(b) the newly elected councillors shall assume office.
27 Community meetings and continuation of community councils.
(1) A meeting of the local government electors for a community (“a community meeting”) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.
(2) The community councils in existence on 1st April 1996 shall, subject to any provision made under this Act, continue in existence after that date.
(3) Subsection (4) below applies where—
(a) the name of a community was given only in its English form or only in its Welsh form; but
(b) there is a generally accepted alternative form of that name, or alternative name, in Welsh or (as the case may be) in English.
(4) The principal council within whose area the community lies shall, before 1st October 1997, take such steps as may be prescribed with a view to securing that there is both an English and a Welsh name for the community.
27A Power of community meeting to apply for an order establishing a community council
(1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.
(2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.
(3) For the purposes of the first condition a decision is only effective if not less than—
(a) 10% of the local government electors for the community, or
(b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
(4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
(5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
(6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.
(7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
27B Orders establishing separate community councils for communities
(1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.
(2) The principal council must consider whether it is satisfied that—
(a) the conditions in section 27A are met; and
(b) any relevant requirements of Schedule 12 have been met.
(3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).
(4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.
(5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—
(a) the community is separated from the group, or
(b) the group is dissolved,
by the order, or by an order under section 27J or section 27L below.
(6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.