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News and Comment July 2014

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21 July (Part 3) - Seven into eight won’t go

 BarnbrookA small number of people have commented on the idiocy which led to Bexley council ruling that the period between the weekend of 12th/13th July and 19:30 on the 23rd does not represent seven clear working days. As a result they were able to reject a question from their nemesis Michael Barnbrook. Some have offered a solution, however the one that Mr. Barnbrook has pursued is based on Section 243 of the 1972 Local Government Act.

The Act apparently includes the phrase “the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above”. The days ‘specified above’ do not include Sunday but can include Saturdays, though not in this case because the question was received by email late on Saturday 12th so cannot be considered to be a clear day.

The National Association of Local Councils published model Standing Orders less than a year ago to make the above rule clear. Needless to say Bexley council is ignoring them preferring to impose more draconian - and in this case indefensible - rules. I doubt we have heard the last of it.

 

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