URL: http://modgov.cherwell.gov.uk/ieDecisionDetails.aspx?ID=5106

Decision Maker: Returning Officer

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

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

Content: To agree the appointment of a temporary members of Sibford Gower Parish Council, enabling the Parish Council to become quorate.   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).   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. Option 1: Not to make temporary appointments. This is not recommended as Sibford Gower Parish Council would remain inquorate and unable to function.  None

Date of Decision: September 26, 2025