The quorum of a parish or town council is one-third of its members, and in no case fewer than three. That one sentence settles most questions. The ones it does not settle - how to round the third, whether a committee follows the same rule, and whether a councillor who has declared an interest still counts towards the number in the room - are where clerks actually get caught out.
England only; Welsh councils follow different rules after the Local Government and Elections (Wales) Act 2021. General guidance, not legal advice.
What the statute says
"Subject to paragraph 45 below, no business shall be transacted at a meeting of a parish council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three."
Three things are doing work in that sentence, and it is worth separating them.
- One-third of the whole number of members is the base rule.
- Never fewer than three is a floor that overrides the third whenever the third would give one or two.
- "Present at the meeting" means present. A member on the end of a video link is not present and does not count - see the virtual meetings guide for why, and for what is and is not changing.
Note in passing that a principal council - a district, borough or county - has a quorum of one quarter, not one-third (Schedule 12, paragraph 6). If you have seen a quarter quoted somewhere, that is where it comes from, and it is not your rule.
Working out the number
A parish council has at least five councillors (LGA 1972, s.16(1): "The number of elected parish councillors for each parish council shall not be less than five"), and commonly seven, nine, eleven or more. The quorum is the greater of three and one-third of that number, with any fraction taken up to the next whole councillor - because you cannot have a third of a person present, and the statute asks for at least one-third. (The rounding is our reading of "at least one-third", not a separate rule in the Act; it always errs towards more members present, never fewer.)
| Councillors | One-third | Quorum |
|---|---|---|
| 5 | 1.67 | 3 (the floor) |
| 7 | 2.33 | 3 (the floor) |
| 9 | 3 | 3 |
| 10 | 3.33 | 4 |
| 11 | 3.67 | 4 |
| 12 | 4 | 4 |
| 13 | 4.33 | 5 |
| 15 | 5 | 5 |
The floor of three bites on the small councils. A five-member council needs three present - 60% of the whole council - not the 1.67 the third would suggest. A nine-member council is the point where the third and the floor coincide at three.
"The whole number of members" is the full complement, not the number currently in office. A nine-seat council with two vacancies still has a quorum of three, because the whole number is still nine. Standard practice reads the phrase this way, and the only thing in the Act that shifts it is paragraph 45, below. (That reading is the sector's and ours; the statute gives the phrase without defining it.)
The one exception: mass disqualification
Paragraph 45 is the "subject to paragraph 45" in the quorum rule, and it covers a single, rare situation:
"Where more than one-third of the members of a local authority become disqualified at the same time, then, until the number of members in office is increased to not less than two-thirds of the whole number of members of the authority, the quorum of the authority shall be determined by reference to the number of members of the authority remaining qualified instead of by reference to the whole number of members of the authority."
So if a block of councillors is disqualified at once - the grounds of disqualification are set out in s.80 - the quorum is recalculated against those still qualified until the numbers recover. It is the only statutory reason the base "whole number" figure ever changes, and most clerks will go a whole career without needing it. Ordinary one-at-a-time resignations and vacancies do not trigger it, and nor does a councillor vacating office under the six-month attendance rule in s.85: that is a cessation of membership, not a "disqualification" in the sense paragraph 45 uses.
Committees do not follow the parish council's quorum
This surprises people, so it is worth being exact. The one-third-or-three rule in paragraph 12 is about a meeting of the parish council. It is not applied to the council's committees. Paragraph 44, which is what extends the Schedule 12 machinery to committees, carries across the voting and minute-keeping paragraphs but not paragraph 12:
"Paragraphs 39 to 43 above (except paragraph 41(3)) shall apply in relation to a committee of a local authority (including a joint committee) or a sub-committee of any such committee as they apply in relation to a local authority."
Paragraph 12 is not in that list. Where a committee's quorum actually comes from is section 106:
"… with respect to the quorum, proceedings and place of meeting of the committee … but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee … may determine."
In plain terms: the council fixes its committees' quorum in standing orders, and if the standing orders are silent the committee fixes its own. Many councils' standing orders set it at three, matching the council's own floor, but that is a figure the council adopts, not one the Act imposes. Check what your own standing orders say before you assume three - and see the committees and working groups guide for how a committee's membership and terms of reference fit around this.
The trap: interests that take you below the line
Interests are where the count gets uncertain. The quorum is about who is present - but a councillor who has declared a disclosable pecuniary interest in the matter cannot take part in it, and that can quietly sink an item even in an otherwise well-attended meeting.
A councillor with a disclosable pecuniary interest in a matter may not take part in it:
"The member or co-opted member may not - (a) participate, or participate further, in any discussion of the matter at the meeting, or (b) participate in any vote, or further vote, taken on the matter at the meeting …"
Notice what that subsection does not say: it does not require the member to leave the room. Leaving is a matter for the council's standing orders, which the Act merely permits -
"Standing orders of a relevant authority may provide for the exclusion of a member or co-opted member of the authority from a meeting while any discussion or vote takes place in which … the member or co-opted member may not participate."
So there is a genuinely unsettled question underneath this: a member who is barred from taking part but stays sitting in the room - are they "present at the meeting" for the quorum count? The Act does not answer it, and we are not aware of authority that does. The cautious rule is to treat a member who cannot take part in the item as not counting towards the quorum for that item - which is also what happens automatically if your standing orders make them withdraw. Count on that basis and you are never transacting business on a quorum you might not have.
The consequence: on a matter in which four of your seven councillors have a disclosable pecuniary interest, four declarations can leave three in play - and if even one of those three is absent, the item has no quorum and cannot be decided, even though the meeting as a whole is perfectly quorate for everything else.
The fix is a dispensation, granted in advance under section 33. The council may grant one
"only if … it considers that without the dispensation the number of persons prohibited by section 31(4) from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of the business …"
That is the ground written precisely for the quorum problem. Two practical points. A dispensation needs a written request to the proper officer (s.33(1)), so it cannot be improvised mid-meeting - it has to be sorted out beforehand. And it can run for a fixed period of up to four years (s.33(3)), so a recurring conflict can be dealt with once rather than meeting by meeting.
What "inquorate" actually means
The statute is blunt and brief: without a quorum, "no business shall be transacted." That is the whole of what paragraph 12 says. It does not say the meeting is void, or set out how you adjourn, or say when the business rolls to the next meeting - those come from your standing orders, not the Act, so check them. What the Act settles is only this: anything purportedly decided without a quorum was not validly decided, because no business could be transacted to decide it. (That the "decision" is therefore of no effect is our reading of "no business shall be transacted", not separate statutory wording.)
In practice this bites in two shapes:
- The meeting never reaches quorum. Fewer than the required number turn up. Nothing can be transacted; the meeting is abandoned and the business carried to another meeting under your standing orders. The clerk still records who attended - the names of the members present must be recorded in any event under Schedule 12, paragraph 40 - and notes that the meeting was inquorate.
- The meeting loses quorum partway through - someone leaves early, or enough interests are declared on one item. Business validly transacted while the meeting was quorate is unaffected (our reading of the same words); from the moment the number in the room drops below quorum, no further business can be transacted.
Either way the clerk's minute should show the point at which the quorum failed and which items were therefore not dealt with, so the position is clear when the business comes back.
Keeping the number in view
The arithmetic is trivial; it is the paperwork around it that eats a clerk's week - recording who was present at each meeting, keeping the councillor list current, and keeping a clean record when a meeting has to be stood down.
CouncilPapers, our agenda software for parish councils, keeps your councillor list and each member's details in one place, and records attendance against every meeting as part of writing the minutes - which feeds the attendance reports used to watch the six-month rule. If a meeting cannot go ahead, you can cancel it so the record is preserved rather than deleting it. See recording attendance, or start a free 45-day trial.
Related: can a parish council hold virtual meetings? and parish council committees and working groups.
Last reviewed 23 October 2026. General guidance for councils in England, not legal advice.
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