Local Government (Religious etc. Observances) Act 2015

Background

In 2012, Bideford Town Council held prayers as the first action at meetings. A former councillor supported by the National Secular Society challenged the council in court over the Christian prayers which had been held traditionally since the reign of Queen Elizabeth I. The High Court of England and Wales held that there was no legal authority for councils to pray at their meetings as it was not specifically mentioned in the Local Government Act 1972 as not being "conducive or incidental to, the discharge of any of their functions". Both MPs and bishops of the Church of England condemned the decision.

The Communities Secretary Eric Pickles expressed disappointment at this judgment and signed a Parliamentary Order to bring forward the introduction of the general power of competence for principal local authorities passed as part of the Localism Act 2011. Pickles asserted that the power would permit councils to pray at their meetings, and therefore overturned the court's judgment within a week. However there was doubt as to whether Pickles' move had actually made council prayers legal as the section he had brought forward only said that councils could do anything an individual could do, but did not specifically mention prayers. The Localism Act also only applied to English councils which meant that Welsh councils were still bound by the High Court judgment.

A number of councils in response to the judgment and uncertainty of the wording in the Localism Act either continued as before, removed prayers from the agenda or moved the prayers prior to meetings so that they were not a part of the formal proceedings.