When no one wants to be Chair: What to do when the chair resigns and there are no volunteers to fill the vacancy

As per paragraph 25 of Legal Topic Note (LTN) 8, section 15 of the Local Government Act 1972 provides that the Chair of a local (parish and town) council must be elected from among the councillors as the first business of the annual council meeting in May. They remain in office until their successor is elected (at the following meeting unless in the interim they resign, die or otherwise vacate office – see section 87 of the 1972 Act).

Section 88 of the 1972 Act deals with the filling of a casual vacancy in the case of the Chair. In these circumstances, section 88 (1) provides for an election to fill the vacancy to be held:

• not later than the next ordinary council meeting held after the date on which the vacancy occurs (in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered – section 87 (1) (b) of the 1972 Act),
  

• or if that meeting is held within 14 days after that date, then not later than the next following ordinary meeting of the council. 

The election is conducted in the same manner as an ordinary election, that is, from among the councillors. 

Section 88 (1) says an election to fill the Chair vacancy “shall be held”. The 1972 Act does not specify what a council must do if there are no candidates for chair. In practice, councillors need to work together to choose someone or persuade one of their number to stand.