88 Delegated Authority to appoint persons to Inquorate Parish Councils
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To seek delegated authority for
the Chief Executive to make Orders under Section 91 of the Local
Government Act 1972, appointing named persons to be Parish
Councillors on a temporary basis (report of the Assistant Director
– Governance (Monitoring Officer) enclosed).
Additional documents:
Minutes:
Consideration was given to the report of the
Assistant Director – Governance (Monitoring Officer) which
sought delegated authority for the Chief Executive to make Orders
under Section 91 of the Local Government Act 1972, appointing named
persons to be Parish Councillors on a temporary basis.
The Leader introduced the report, noting the
following points:
- When a parish council lacked
sufficient elected members, it was unable to conduct basic duties
such as considering planning applications or authorising routine
business.
- The report outlined a practical and
lawful approach under Section 91 of the Local Government Act 1972
that enabled the Chief Executive to make temporary appointments to
inquorate parish councils.
- The delegated mechanism ensured
continuity, protected local governance, and provided stability for
parish communities during periods of low membership.
- The intention was not to intervene
unnecessarily, but to ensure no parish within South Holland was
left unable to function.
Members made the following comments on the
report:
- Members queried whether the outlined
process would apply where a parish council is inquorate due to a
councillor having a long-term illness.
- The Democratic Services Manager
responded that the quorum to conduct business was three members or
a third of members, whichever was greater. In such circumstances
where the Parish Council becomes inquorate, the Section 91 process
would apply.
- Members asked whether more than one
temporary member could be appointed to an inquorate Parish Council
to ensure stability and broader perspectives.
- The Leader agreed that appointing
more than one temporary member could be beneficial and appointment
of those outside of the Parish could also be valuable to provide a
more impartial and balanced approach.
DECISION:
That delegated authority be granted to the
Chief Executive, in consultation with District Ward Member(s) for
the parish affected, to make such orders under Section 91 of the
Local Government Act 1972, to appoint named persons to be Parish
Councillors on a temporary basis, following the procedure set out
in Appendix A to the report.