b. Electing Chair of the Council

It is mandatory to have an elected Chair of the Council. In setting out the constitution of parish councils, s.14, Local Government Act 1972 says that "a parish council shall consist of the chairman and parish councillors ...................".

Section 15 says that the Chair will be elected annually by the Council, from among its members. Currently, there is no requirement for the Chair to be an elected member, they could have been co-opted by the Council, or appointed by the District Council under s.91 (when the Council has insufficient members to form a quorum).

Unless they resign or become disqualified, the Chair remains in office until a successor is elected at the next annual meeting of the Council. Providing they have been elected to the Council, the outgoing Chair can vote in the election and, whether elected as a councillor or not, MUST use their casting vote in the event of a tie.  

Election of the Chair MUST be the first business transacted at the annual meeting.

There is nothing to prevent any candidate voting for themselves, and to prevent this would be unlawful.

The new Chair must make a declaration of acceptance of office at the meeting at which they are elected, unless the council permits this to be completed before or at a later meeting fixed by the Council.

There is nothing to prevent an absent member being elected if they have indicated they are willing to stand. If this occurs, under s.83(4)(c) the Council must agree that the declaration of acceptance can be signed before/at a future meeting.

For further information, see LTN 02 using this link.