Will the ‘Remote Meetings’ Regulations be renewed after the current ones expire on 6th May?

Although remote meetings have proved very successful overall, the Government has stated that the legislation will not be extended before the current Regulations expire. Of course, a U-turn always remains possible.

Taking matters into their own hands, Hertfordshire CC, the LGA and ADSO have taken the matter to the courts, seeking a declaration that existing legislation permits council meetings to be conducted by technology. The Administrative Court hearing is scheduled for 19th April.

If the position does not change, it means meetings should not be conducted by remote means after 6th May.

Does this mean we can resume face-to-face meetings from 7th May?

No, not immediately!

The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 came into force on 29th March, which will not permit meetings of public bodies to occur until Step 3 of the Government ‘Roadmap out of Lockdown’ is implemented. The earliest date for this is 17th May. 

That means there could be a ten-day period during which councils cannot meet at all?

Yes, and potentially longer if Step 3 is not commenced on 17th May as intended!

Councils need to ensure that any essential business is carried out prior to then or is delayed until later.

Where necessary, consideration can consider delegating authority to an officer to make decisions if considered necessary, which must be by a formal resolution of the Council. Certain types of decisions made by an officer must be recorded in accordance with the requirements of Part 2 of the Openness of Local Government Bodies Regulations 2014.

What about annual meetings?

Councils are required by law to hold an annual meeting of the Council during the month of May. There must also be an annual assembly of each parish between 1st March and 1st June. While these were excused or could be delayed in 2020, that is not the case in 2021.

We would encourage councils and parish meetings to hold these meetings by remote means where possible (by 6th May), acknowledging this would only leave a short window of six days for the annual council meeting.

What if our normal venue is not suitable?

A risk assessment must be carried out and the Government guidance followed, which for some  councils will be that for council buildings , and for others that relating to community buildings.

The Government are recommending that during Step 3 (17th May – 20th June predicted dates) remote facilities continue to be used to enable public access to be afforded this way. This would ease some concerns about social distancing at the venue.

There are general restrictions around holding council meetings on licensed premises but these do not apply if no other suitable premises is available free of charge or at reasonable cost. The size of premises and the need to comply with the guidelines could make this an option to be considered.

What if nowhere in the village is a suitable venue to hold a safe meeting?

Although it is desirable and, in most cases expected that the venue will be within the parish, the law does not require this and specifically states they can be held ‘within or without the area’ – paragraph 10 (1), Schedule 12, Local Government Act 1972

Period of National Mourning – NOTICE OF COUNCIL MEETINGS

While it should generally be ‘business as usual’ for pubic authorities during the official Period of National Mourning (Friday 9th April – Saturday 17th April), councils should be aware that days falling within this period cannot be counted in the three clear days’ notice required for meetings of a Council, or a committee. Section 243(4), Local Government Act, 1972 specifically excludes days of public mourning from being counted when computing time periods required by the Act.

This could affect meetings scheduled to be held during the period itself (depending on when notice was given) or the week following the period. While there is nothing to prevent the notice being posted during the period, the first date which can be counted will be Monday 19th April, meaning the meeting could not be held until Friday 23rd April.

To summarise:-

• Meetings scheduled for this week can continue if the required three clear days’ notice was achieved before Friday, 9th April.
• Where the notice period is affected by the period of mourning, the meeting should be re-scheduled.