Full Council

14 October 2021

Appointment of Temporary Members to Parish Councils

For Decision

Portfolio Holder:	Cllr S Flower, Leader of the Council

Local Councillor(s):	All councillors

Executive Director:	J Mair, Corporate Director, Legal & Democratic

Report Author: Jonathan Mair

Title:	Corporate Director, Legal & Democratic Services

Tel:	01305 224181

Email:	jonathan.mair@dorsetcouncil.gov.uk

Report Status: Public

Recommendation:

That delegated authority is given to the Chief Executive, after consultation with Group Leaders and the local member, to enable the appointment of temporary parish councillors where a parish council would otherwise be inquorate.

Reason for Recommendation:

To avoid a situation where a parish council that has become inquorate is unable to function and can carry out necessary business.

Executive Summary

1.1	Within the Dorset Council area there are 153 parish and town councils. Parish and town councils range in size from 5 to 29 members, with a usual quorum of three.

Where casual vacancies arise before the next ordinary date of elections notice of the vacancy is published and this provides an opportunity for electors to require an election to be held to fill the vacancy. Where local electors do not come forward to require an election to be held the vacancy can instead be filled by co-option onto the parish or town council. However, if the number of vacancies that arise means that a council is no longer quorate and if insufficient electors wish an election to be held then the council cannot itself co-opt additional members.

To overcome this situation Section 91 of the Local Government Act 1972 provides that where there are so many vacancies that a parish council is unable to act then the district council may by order appoint persons to fill all or any of the vacancies until other councillors are able to take up office.

Recently due to three resignations Winterborne Whitechurch has become inquorate. Notices of election have been published but at this stage we do not know if sufficient electors will come forward and require an election to be held. Nor do we know that candidates would then prove willing to stand for election. As a precaution and to avoid a lengthy period when the parish council might be inquorate it is proposed that the Chief Executive should be given delegated authority to appoint additional temporary members to the parish council.

Over the next two and half years before the next ordinary date of elections there is the potential for other councils to become inquorate and for Dorset Council to need to appoint additional members. Rather than a delegation only to address the current situation with Winterborne Whitechurch Parish Council it is proposed that the Chief Executive should be given delegated authority to appoint in any situation where a parish or town council would otherwise be left inquorate.

Financial Implications

2.1	There would be minimal financial implications, arising from the cost of any additional members attending meetings of parish or town councils.

Well-being and Health Implications

None.

Climate implications

None.

Other Implications

None.

Risk Assessment

6.1	Having considered the risks associated with this decision, the level of risk has been identified as:

Current Risk: Low

Residual Risk: Low

Equalities Impact Assessment

None.

Appendices

None.

Background Papers

Section 91 of the Local Government Act 1972

Footnote:

Issues relating to financial, legal, environmental, economic and equalities implications have been considered and any information relevant to the decision is included within the report.