OpenLegislation

Paragraph 26

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

Meetings of the community council and its committees and sub-committees are to be held at such place, either within or outside the council's area, as the council may direct.

C1(2)

Three clear days at least before a meeting of a community council F2or, if the meeting is convened at shorter notice, then at the time it is convened —

(a)

notice F3of the meeting containing the information required by sub-paragraph (2ZA) shall be F4published electronically and fixed in some conspicuous place in the community and, where the meeting is called by members of the council, the notice shall F5set out the names of those members and shall specify the business proposed to be transacted at the meeting; and

F6(aa)

any documents relating to the business to be transacted at the meeting must be published electronically (in so far as reasonably practicable),

(b)

a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and F7authenticated by the proper officer of the council, F8must, subject to sub-paragraph (2C), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose.

F9(2ZA)

The information required to be in a notice under sub-paragraph (2)(a) consists of—

(a)

where the meeting or part of the meeting is open to the public and is held through remote means only, details of the time of the meeting and how to access it;

(b)

where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and how to access it;

(c)

where the meeting is not open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and the fact that it is not open to the public;

(d)

where the meeting is not open to the public and is held through remote means only, details of the time of the meeting and the fact that it is being held through remote means only and is not open to the public.

(2ZB)

In sub-paragraph (2ZA), references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).

F10(2A)

The duty of a community council under sub-paragraph (2)(aa) to publish documents relating to the meeting does not apply where—

(a)

the documents relate to business which in the opinion of the council is likely to be transacted in private, or

(b)

the disclosure of such documents would be contrary to any enactment.

F11(2B)

In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.

(2C)

If a member of a community council gives notice in writing to the proper officer of the council that summonses to attend meetings of the council should be sent to the member at 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.

F12(2D)

At least three clear days before a meeting of a committee or sub-committee of a community council, notice of the time and place of the intended meeting must be published electronically and fixed in a conspicuous place in the community.

(2E)

If the chairman of a committee or sub-committee of a community council considers that a meeting of the committee or sub-committee should take place urgently, sub-paragraph (2D) has effect as if for the words “three clear days” there were substituted “ twenty four hours ”.

(3)

Want of service of any such summons as is referred to in sub-paragraph (2)(b) above on any member of the community council concerned shall not affect the validity of the meeting.

Annotations

Textual amendments

F1

Sch. 12 para. 26(1) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 20(1); S.I. 2021/354, reg. 2(c) (with reg. 3)

F2

Words in Sch. 12 para. 26(2) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 4(a); S.I. 2021/354, reg. 2(c)

F3

Words in Sch. 12 para. 26(2)(a) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 4(b)(i); S.I. 2021/354, reg. 2(c)

F4

Words in Sch. 12 para. 26(2)(a) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 57(a)(i), 75(3); S.I. 2015/1182, art. 2(c)

F5

Words in Sch. 12 para. 26(2)(a) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 4(b)(ii); S.I. 2021/354, reg. 2(c)

F6

Sch. 12 para. 26(2)(aa) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 57(a)(ii), 75(3); S.I. 2015/1182, art. 2(c)

F7

Word in Sch. 12 para. 26(2)(b) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(5)(a); S.I. 2021/354, reg. 2(c) (with reg. 3)

F8

Words in Sch. 12 para. 26(2)(b) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(5)(b); S.I. 2021/354, reg. 2(c) (with reg. 3)

F9

Sch. 12 para. 26(2ZA)(2ZB) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 4(c); S.I. 2021/354, reg. 2(c)

F10

Sch. 12 para. 26(2A) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 57(b), 75(3); S.I. 2015/1182, art. 2(c)

F11

Sch. 12 para. 26(2B)(2C) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 19(6); S.I. 2021/354, reg. 2(c) (with reg. 3)

F12

Sch. 12 para. 26(2D)(2E) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 21; S.I. 2021/354, reg. 2(c) (with reg. 3)

Modifications

C1

Sch. 12 para. 26(2) modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 17(2)

Notes on Schedule 12

Modifications

C1

Sch. 12 modified (5.11.2008) by The Local Elections (Ordinary Day of Elections in 2009) Order 2008 (S.I. 2008/2857), art. 6

C2

Sch. 12 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 86(9)

C3

Sch. 12 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 2(4)

C4

Sch. 12 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 160(2)

Sch. 12: power conferred to make provisions about matters of the kind dealt with in this Schedule (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(ii); S.I. 1997/1930, art. 2(1)(2)(m)

C5

Sch. 12 modified (E.) (7.9.2013) by The Local Elections (Ordinary Day of Elections in 2014) Order 2013 (S.I. 2013/2277), arts. 1(1), 5

C6

Sch. 12 modified (E.) (4.4.2020) by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (S.I. 2020/392), regs. 1, 6 (with reg. 2(4))

C7

Sch. 12 modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 7

C8

Sch. 12 modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 6

C9

Sch. 12 modified (E.) (4.4.2020) by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (S.I. 2020/392), regs. 1, 6 (with reg. 2(4)) (as amended (1.8.2020) by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) (Amendment) Regulations 2020 (S.I. 2020/808), regs. 1, 2(3))

C10

Sch. 12 applied (5.10.2026) by The Surrey (Structural Changes) (Pensions etc.) Order 2026 (S.I. 2026/1011), art. 1(2), Sch. para. 2(11) (with Sch. para. 10)

Notes on Part IV

Modifications

C1

Sch. 12 modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 7

C2

Sch. 12 modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 6