Purpose

To agree the appointment of a
temporary members of Sibford Gower Parish Council, enabling the
Parish Council to become quorate.
 

Content

Resolved
 

(1)           
That it be agreed to make an Order under Section 91 of the Local
Government Act 1972 (‘the Act’) appointing Councillors
Chris Brant, Phil Chapman and Douglas Webb as temporary members of
Sibford Gower Parish Council enabling Sibford Gower Parish Council
to become quorate.
 
(2)           
To note that the appointments shall be effective until Sibford
Gower Parish Council is quorate (i.e. it has three members of the
Parish Council in place, excluding the temporary appointees).
 

Reasons for the decision

A Parish Council must be quorate in order to
operate and make decisions. The statutorily prescribed quorum for a
Parish Council is one third of its membership, subject to a minimum
of three.
 
Following resignations, Sibford Gower Parish
Council which sits within the Cropredy, Sibfords and Wroxton ward
is no longer quorate, having two Parish Councillors for its five
seats which is below the quorum of three. The Parish Council is
therefore unable to act.
 
Section 91 of the Local Government Act 1972
(‘the Act’) gives the Council the power to make an
Order appointing temporary members to a Parish Council, where that
Council cannot function because of the number of vacancies. This
power is one which cannot, under the applicable Regulations, be
taken by the Executive, and is only exercisable by Council, unless
delegated to an officer. At Cherwell District Council, this power
is delegated to the Returning Officer. Therefore, the Returning
Officer, under delegation, can appoint councillors to enable
Sibford Gower Parish Council to be quorate.
 
The three councillors who represent the
Cropredy, Sibfords and Wroxton ward, Councillor Chirs Brant,
Councillor Phil Chapman and Councillor Doug Webb, have been
consulted and each has agreed to be temporarily appointed to
Sibford Gower Parish Council. By temporarily appointing all three
ward councillors, it will allow for flexibility and minimise the
risk of an inquorate meeting if a permanent Parish Councillor or
temporary appointee submitted apologies.
 
The District Councillors appointed by Order
shall remain as temporary Parish Councillors until other
councillors are elected, or co-opted, and take up office, provided
that such election or co-option achieves a quorum on the parish
council, excluding the persons appointed by Order.
 
In accordance with Section 91(3) of the Local
Government Act 1972 two copies of the Order will be forwarded to
the Secretary of State. A copy will also be sent to the Clerk of
Sibford Gower Parish Council.

Alternative options considered

Option 1: Not to make temporary appointments.
This is not recommended as Sibford Gower Parish Council would
remain inquorate and unable to function.