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Post by ideal4radio on Mar 30, 2020 14:13:02 GMT
I have Bexley, Longlands on my list as well but it appears that Gareth Bacon MP is still listed as a councillor. He was reported as intending to resign from the council. If these by-elections are eventually held as soon as the Government permits, in the Autumn, say, I suspect there may be one Thursday on which your usual excellent " Andrew's Previews " may well rival " War & Peace " in length !!
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Post by michael2019 on Mar 30, 2020 16:02:42 GMT
Out of interest does anyone know how the six month rule of not having a by-election within six months if the seat was up anyway is affected by the coronavirus? Some of these vacancies may have been up for election in May. Does this still apply? Also I don't know what councils are doing but I believe councillors have to attend a meeting (committee or main) at least once every six months with limited meetings it is possible that this might prove difficult for some depending how long it is since their last meeting and we don't want to encourage people coming into unnecessary meetings. Has this provision been relaxed at all? The Coronavirus Act has not amended the 'six month rule' (s. 89(3) of the Local Government Act 1972), but has extended the terms of all office-holders which were due to expire in May 2020. So all those vacancies which were previously caught by the 'six month rule' are no longer so caught, because it turns out they didn't occur within six months of the end of the term after all. When the Secretary of State allows elections to resume, byelections could be called. However it would seem to be within the scope of the Secretary of State to make regulations under s. 63(2) of the Coronavirus Act providing that these vacancies should not be filled. The attendance provisions (s. 85 of the 1972 Act) have also been left untouched, but councils already have the power under s. 85(1) to authorise the absence of members. Thanks. Out of interest how do councils authorise absence?
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zoe
Conservative
Posts: 637
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Post by zoe on Mar 30, 2020 16:05:39 GMT
The Coronavirus Act has not amended the 'six month rule' (s. 89(3) of the Local Government Act 1972), but has extended the terms of all office-holders which were due to expire in May 2020. So all those vacancies which were previously caught by the 'six month rule' are no longer so caught, because it turns out they didn't occur within six months of the end of the term after all. When the Secretary of State allows elections to resume, byelections could be called. However it would seem to be within the scope of the Secretary of State to make regulations under s. 63(2) of the Coronavirus Act providing that these vacancies should not be filled. The attendance provisions (s. 85 of the 1972 Act) have also been left untouched, but councils already have the power under s. 85(1) to authorise the absence of members. Thanks. Out of interest how do councils authorise absence? I think the Council has to pass a resolution to authorise the absence, though in these strange time the Town Clerk may have executive power to grant.
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timmullen1
Labour
Closing account as BossMan declines to respond to messages seeking support.
Posts: 11,823
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Post by timmullen1 on Mar 30, 2020 16:06:15 GMT
The Coronavirus Act has not amended the 'six month rule' (s. 89(3) of the Local Government Act 1972), but has extended the terms of all office-holders which were due to expire in May 2020. So all those vacancies which were previously caught by the 'six month rule' are no longer so caught, because it turns out they didn't occur within six months of the end of the term after all. When the Secretary of State allows elections to resume, byelections could be called. However it would seem to be within the scope of the Secretary of State to make regulations under s. 63(2) of the Coronavirus Act providing that these vacancies should not be filled. The attendance provisions (s. 85 of the 1972 Act) have also been left untouched, but councils already have the power under s. 85(1) to authorise the absence of members. Thanks. Out of interest how do councils authorise absence? I think it’s a motion agreed by Full Council that “Cllr [Name] be granted leave of absence” either to a specified date or for something like three months. That’s certainly what Stoke did for a member whose husband had been given a very bad cancer prognosis.
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Post by Davıd Boothroyd on Mar 30, 2020 16:35:05 GMT
The attendance provisions (s. 85 of the 1972 Act) have also been left untouched, but councils already have the power under s. 85(1) to authorise the absence of members. Thanks. Out of interest how do councils authorise absence? It's not among the decisions which have to be exercised by full council, or by the cabinet, so it's up to each council constitution/scheme of delegation to decide who has responsibility for authorising leave of absence. In Westminster it's an executive decision taken by the Leader of the Council.
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Post by iainbhx on Mar 30, 2020 17:28:10 GMT
Doesn't appear that many of those due to resign or not stand again are doing a great deal about it. Given the lack of by elections this may have been instructed? They're stuck between a rock and a hard place... If they resign as they were going to (maybe because they now have other commitments) they will leave a vacancy for a year which will inevitably be attacked by other candidates/parties in 2021 as a way to win the seat; if they don't resign but are unable to commit fully (because they have other commitments which was why they were resigning) they will be attacked by other parties/candidates for not being committed to the job! It's an absurd situation... Trust me, the only competition for Nechells will be the Labour selection.
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Tony Otim
Green
Suffering from Brexistential Despair
Posts: 11,901
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Post by Tony Otim on Mar 30, 2020 19:05:20 GMT
mboy has just agreed with Merseymike. Together with everything else going on, I think we have now conclusively witnessed all the signs foretelling the end of days...
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timmullen1
Labour
Closing account as BossMan declines to respond to messages seeking support.
Posts: 11,823
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Post by timmullen1 on Mar 30, 2020 19:41:51 GMT
mboy has just agreed with Merseymike. Together with everything else going on, I think we have now conclusively witnessed all the signs foretelling the end of days...
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Post by aintree92 on Mar 30, 2020 21:04:20 GMT
Sad to report the death today of Cllr Frank Rust (Labour), North Town ward, Rushmoor Borough Council. Mayor elect for 2020/21.Another victim of Coronavirus.
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Post by timokane on Mar 31, 2020 5:11:07 GMT
Tahir Ali MP ought to resign his Nechells seat in Birmingham soon, but I daresay it's not a priority right now With a bit of time on my hands I might compile a list of new MPs who are councillors. Until the crisis blew up we were expecting Nickie Aiken to resign her council seat so there was a byelection on 7 May. Gareth Bacon had indicated he would do the same in Bexley. Now that there are no byelections, there's no reason for new MPs who are councillors to deprive their council constituents of representation. You could add Sara Britcliffe from Hyndburn to that list. She was expected to vacate her seat so that her dad could make a comeback.
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Chris from Brum
Lib Dem
What I need is a strong drink and a peer group.
Posts: 9,732
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Post by Chris from Brum on Mar 31, 2020 8:10:09 GMT
Notwithstanding all of this, a petition has been started on change.org asking for Tahir Ali to be removed (how?) as MP for Hall Green due to inactivity locally. It won't get anywhere, of course, but it's amusing nonetheless.
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Post by Devil Wincarnate on Mar 31, 2020 19:30:24 GMT
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Post by finsobruce on Mar 31, 2020 19:45:07 GMT
anyone who managed twenty eight years as a Labour councillor in Aldershot must have had some staying power. Sad loss.
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Post by andrewteale on Apr 1, 2020 11:47:44 GMT
As reported on the Rest in Peace thread, the death has been announced of Tony Dobson, Conservative councillor for Barnfield ward, Hyndburn council and leader of the council's Conservative group.
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Post by tonygreaves on Apr 1, 2020 15:39:18 GMT
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Post by andrewteale on Apr 1, 2020 16:18:10 GMT
Snap!
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Post by newsouthender on Apr 2, 2020 17:00:18 GMT
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mike
Non-Aligned
Posts: 400
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Post by mike on Apr 3, 2020 11:51:28 GMT
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Post by michael2019 on Apr 4, 2020 14:18:59 GMT
Thanks. Out of interest how do councils authorise absence? It's not among the decisions which have to be exercised by full council, or by the cabinet, so it's up to each council constitution/scheme of delegation to decide who has responsibility for authorising leave of absence. In Westminster it's an executive decision taken by the Leader of the Council. So in theory at least it would be possible for one party to play silly so-and-so's if they dominate the council and turf their opponents off the council if it hadn't met for six months etc! Although it might not go down well with the electorate! Can it be authorised in retrospect i.r to does it have to be done before the six months have elapsed or can you do it in month seven say?
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Post by Davıd Boothroyd on Apr 4, 2020 14:21:20 GMT
It's not among the decisions which have to be exercised by full council, or by the cabinet, so it's up to each council constitution/scheme of delegation to decide who has responsibility for authorising leave of absence. In Westminster it's an executive decision taken by the Leader of the Council. So in theory at least it would be possible for one party to play silly so-and-so's if they dominate the council and turf their opponents off the council if it hadn't met for six months etc! Although it might not go down well with the electorate! In theory, but the new provisions for remote meetings say that councillors are counted as 'attending' if they are doing so remotely. And obviously there aren't any byelections at the moment.
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