Agenda and minutes

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Contact: Karen Wardle Tel: 023 8028 5071  E-mail:  democratic@nfdc.gov.uk

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Items
No. Item

Apologies

 

Apologies for absence were received from Cllrs Cullen, J Davies, England, Millar, Osborne and Richards.

 

 

49.

Declarations of Interests

To note any declarations of interests made by members in connection with an agenda item.  The nature of the interests must also be specified.

 

Members are asked to discuss any possible interests with Democratic Services prior to the meeting.

Minutes:

The Monitoring Officer reported that a dispensation had been granted under Section 33(2b) of the Localism Act 2011 to Cllr Jill Cleary. This dispensation permitted her to participate in discussion and vote on a motion relating to the removal of the Leader, should one arise.  He reported that while it was arguable whether the receipt of a special responsibility allowance, and indeed Members’ Allowances generally, constituted a disclosable pecuniary interest under the legislation, the dispensation had been granted for the avoidance of doubt, as it had been in other circumstances relating to the receipt of Members’ allowances, to remove uncertainty and ensure the proper conduct of business.

 

There were no declarations of any disclosable pecuniary interests by Members.

 

 

50.

Consideration of the removal of the Leader of the Council pdf icon PDF 124 KB

In accordance with paragraphs 1, 2(b), 9 and 11 of the “Procedure for Removing and Replacing the Leader of the Council” in the Constitution (attached at Agenda Item 2) and section 9IA(1) Local Government Act 2000, this Special Council meeting has been convened for the purpose of:

 

  1. The Council considering whether, in the light of the loss of political majority by the political group of which the Leader is a member, to resolve that the Leader should be removed; and

 

  1. If that resolution is passed, electing a new Leader.

 

Background:

 

On Thursday, 16 October, Cllr Thierry resigned as a member of the Conservative Group, which led to the Conservative Group losing its overall majority on the Council.  Since that date, Cllr Penman has joined the Conservative Group effective 20 October 2025, returning the Conservative Group to that majority.

 

Despite the Conservative Group regaining an overall majority, the initial loss of overall majority has triggered Council’s “Procedure for Removing and Replacing the Leader of the Council” in the Council’s Constitution (enclosed with this agenda).

 

The Council must first decide whether, in the light of the loss of political majority by the political group of which the Leader is a member, to resolve that the Leader should be removed.  A motion would need to be moved and seconded, and then carried, for a resolution to be passed to this effect.

 

If a motion to this effect is not brought forward, or if one is moved and seconded, but falls, the Council will have in effect decided not to remove the Leader, and the Chairman of the Council will close the meeting.

 

If a motion to this effect is properly moved and seconded, and is carried – the Council will have resolved to remove the Leader.  In these circumstances, the Council can go on to elect a new Leader of the Council at this meeting.

 

 

Minutes:

The Monitoring Officer provided some context to the meeting on request of the Chairman.  It was clarified that the background was detailed on the summons for the meeting and members had been provided with an email with summary advice.

 

The Chief Executive had called the Special meeting, in accordance with Section 4/5 of the Council’s Constitution, that section being “Procedure for Removing and Replacing the Leader of the Council”.  A copy of this full chapter had been enclosed with the agenda.  The relevant sections of this procedure were noted to be paragraphs 1, 2(b), 9 and 11.  The procedures to be followed also complied with Section 9IA(1) of the Local Government Act 2000.

 

The procedure set out the only circumstances in which the Leader of the Council could be removed by resolution.  In light of the loss of political majority by the political group of which the Leader is a Member, the “Change of Political Balance” section within the procedure had been triggered.  It was noted that since that initial loss, the Conservative Group had re-gained its political majority.  The regaining of a majority did not suspend the procedures.  Therefore, the Council had to consider, in light of the temporary loss of political majority of the Conservative Group, whether it wished to remove the Leader.

 

The Chairman asked whether members had any motion be tabled to remove the Leader and in light of no relevant motions being forthcoming, the Chairman closed the meeting, with the Council in effect deciding not to remove the Leader.