q. Annual meeting of the Council

The annual meeting of the Council must take place during the month of May.  

In a year of an ordinary election, it must take place on, or within 14 days following the day on which the newly elected councillors take office.

The timing of the meeting can be difficult, as the members need to be served a summons at least three clear days before the meeting and, in a contested election, the identity of members will not be known until the results are announced. If in establishing a pragmatic solution the normal legal requirements for service of the summons are not fully met, it should be noted that para 10(3) Schedule 12 Local Government Act 1972 says that this will not affect the validity of the meeting. 

NALC's model standing order 5 contains details of the business that MUST be conducted at the annual meeting, and other items which you would expect to be undertaken, such as review of policies etc.

Election of Chair 

The first business on the agenda must be the election of the new Chair (to ensure the Council is properly constituted).

In an election year, it matters not whether members have yet to make a declaration of acceptance of office beforehand. In parish and town councils this does not have to be signed to enable councillors to vote, or otherwise act as a councillor. The declaration must however need to be signed in the presence of the Proper Officer or a member, at/before the first meeting, or if agreed by the Council, before or at a future meeting.

The Chair (and Vice where there is one) holds office until after the new Chair is elected and, if present, they must preside over that first item. If the Chair is absent, the Vice-Chair would preside, and if neither attends, members should select someone from amongst themselves to preside over the election (the Clerk should NEVER chair a meeting or part of a meeting!).

Their obligations include:

• formally opening the meeting

• receiving nominations for and declaring the result of the election of the new Chair.

In a year of elections, where the current Chair of the Council has been re-elected as a councillor, they may vote in the election of the new Chair, including for themselves if they wish to continue. They are not obliged to vote, but if the outcome is a deadlock, they MUST use their casting vote.   

Even when they have not been re-elected as a councillor, if present they must preside until the new Chair has been elected. In those circumstances they will not have an original vote, but again must use their casting vote in the event of a tie.

Once elected, the new Chair of the Council must sign a declaration of acceptance of office either at the meeting, or (in the presence of an officer or member) by a later date agreed by the Council. 

Legislation does not require local councils to have a Vice-Chair, but most do appoint one. Subject to any standing orders to the contrary, the Vice-chair is able to step into the role of the Chair when they are not available.

General Power of Competence (GPOC)

Councils wishing to use the GPOC must resolve in a meeting of the full council that it meets the conditions of eligibility at that time. They then remain eligible until the annual meeting following the next ordinary election, at which time if they wish to continue to use the GPOC, they must resolve that they meet the conditions of eligibility.

Below is some sample wording to add to the agenda:

'To resolve that the Parish Council meets the conditions of eligibility set out in the Schedule to The Parish Councils (General Power of Competence) (Prescribed Conditions) Order 2012, thereby enabling it to use the General Power of Competence.  This will remain valid until the annual meeting following the next ordinary election in ().'

See the SALC guide to annual meetings