Southam Town GouncilThe Grange Hall , Coventry Road,

Southam. Wanrvickshire. CV47 1QATefephone: 01926 814004 Fax: 01926 8114'14e.mail : clerk@southamcounci l-warks.gov.uk

Town Clerk Mrs Debbie Carro

19 'n May 2011

I am directed by the Mayor to inform you that the next Meeting of the Council will be held at TheGrange Hall , Coventry Road, Southam on Thursdav 26th Mav 2011 The meeting wil lcommence at 7.30om.

You are requested to attend.

fifu_.rrr,tnD A CARRO (MRS)TOWN CLERK

Thursdav 26th Mav 2011

AGENDA

Prayers

1. APOLOGIES FOR ABSENCE

2 . DECLARATIONS OF INTERESTPlease note that council lors should declare interests as being either personal orprejudicial.

REPRESENTATIONS FROM THE PUBLIC

MINUTES OF THE MEETINGTo ratify minutes of the meeting held on Thursd ay 12th May 2011

ACCOUNTS FOR PAYMENTTo authorise the payments shown on Schedule A dated May 2011

PLANNINGi) Stratford on Avon District Council has notif ied Council of the planning applicationsdetailed on the attached Schedule B and has requested observations of the Council.They and any other applications received subsequently wil l be available for inspection inthe Public Library and wil l be displayed in the Bar Room from 6.45pm on the night of themeenngii i) Planning Committee Meeting - Town Council Representative (if required)vi) Stratford on Avon District Council has notified Council of the decisions on the planningapplications detailed on the attached schedule C

TOWN CLERK'S REPORT

CORRESPONDENCE

INFORMATION FROM COUNTY & DISTRICT COUNCILLORS

BUSINESS WHICH, IN THE OPINION OF THE MAYOR, SHOULD BE CONSIDEREDAS A MATTER OF URGENCY UNDER SECTION lOOB (4) OF THE LOCALGOVERNMENT ACT 1972.

EXCLUSION OF THE PUBLIC FROM THE MEETINGThe Town Mayor wil l move that, pursuant to Section 1(2) of the Public Bodies (Admissionto Meetings) Act 1960, the public be now excluded from the meeting because publicitywould be prejudicial to the public interest by reason of the confidential nature of thebusiness about to be transacted.

Payment of staff salaries and payments of services dated May

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COVENTRY ROAD. SOUTHAM ON THURSDAY. 12IN MAY 2OI1

Present:

Prayers

The Mayor (Cllr Jane Soni) - In the ChairCouncillors L Tasker, L Hewer, C Worsh, A Forster, L Smith, J Smith, MGaffrrey, M Willoughby & D Wise

SUSPENSION OF' STAI{DING ORDERSRESOLVED:That Standing Orders are suspended to allow the election of Mayor, not toappoint representatives to outside bodies and consider planning applications

ELECTION OF TOWI\ MAYORIt was moved by Cllr J Soni, seconded by Cllr A Forster and unanimouslyRESOLVED:That ClIr Mike Gaffney MBE TD be elected Town Mayor of Southam for theyear 20lll20l2

TOWN MAYOR'S ACCEPTANCE OF OFFICEThe Town Mayor made the Statutory Declaration of Acceptance of OfficeAnd took the Chair. He was invested with the Chain of Office by the formerMayor and he thanked his fellow councillors. Cllr Galftrey MBE TD announcedthat his charities for the forthcoming year would be South Warwickshire youngCarers and World Watsrworks Ltd - Water- Survival Boxes

The past Mayor, Cllr J Soni thanked her Chaplain, theTown Clerk and Deputy Clerk for all their hard work during her mayoral year andannounced that funds raised during her year would be divided between her charitiesLeamington based - CORD and The Woodland Trust

APPOINTMENT OF DEPUTY TOWI\ MAYORCllr M Gaffiey MBE TD proposed Cllr L Hewer but the proposal did not achieve aseconder, therefore it was moved by Cllr J Smith seconded by Cllr A Forster andapproved by majorityRESOLVED:That Cllr Dave Wise be appointed Deputy Town Mayor of SouthamIor the year 20lll20l2The Mayor invested the new Deputy Mayor with the Jewel of Office. Thenew Deputy Mayor expressed his thanks.

APOLOGIES FORABSENCECllr J WardCllr P Thomas

MINUTES OF THE PREVIOUS MEETINGRESOL\{ED:That the Minutes of the meeting held on 28th April 2011, having previouslybeen circulated be confirmed and signed by the Town Mayor.

APPLICATIONS FOR PLAI{NING PERMISSIONCouncil considered the applications for planning permission detailedon the schedule dated May 201 I upon which the Town Council hadbeen consulted by Stratford District Council

There being no further business, the Town Mayor declared the meetingclosed at 7.53 p.m. and invited Councillors, mernbers of the public andguests to join him for light refreshments.

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SCHEDI,JLE OF PLANNING APPLICATIONS B

Southam Town Council - May 201 I

APPLICATIOlNO.

APPLICANTNAME

SITE PROPOSAL OBSERVATIONDATF/COMMENT

l l/0053I/FUL Mr BrianMoore

StarboldFarm,BanburyRoad,Southam,CV47 2BL

Installation of180no.33.3kwphotovoltaicpanels to anexisting farrnbuildire

No representations

Southam Town Counci lSCHEDULE "4"

May 2011

Item No Line Payee

17 Mkino Direct

42 Southam & Districl Lions3 Zurich Insurance plc

21 Town Mavors Fund

4 1 Cash

40+43 Continental Landscapes Ltd

7 oealer Svstems Ltd

Miracle Desian I Plav Ltd

CIear Sound Securitv

Richard Carro {Towtl CouncilMaintenance Contractor)

BT Pavment Services

Mrs Debbie Carro

Details

Stationery

Sect on 137 GrantPlay Equiprnent Ins!rance

1st nslalment oi MayomlAlowance

TravelToken rermbuGment for vo unlary dfveG

Gfass Cutting Contract e998.83 Sl James Church Yardt172 33 V Art234Trend lMicro Clieft Messaging Suite

Fina Paymefl01599 Park Lane

Annua Ma nlenance & mon toring ol alarm system -50% invoiced to Grange hallSchedued Se-vces f701.67 Pan -ar locls 8 cha r minorvandalism, Rrverside walk remove old dog bin post,ShepherdsHill lence repair !76 00

Te ephone & Fax 814004,81 1414 | ne rental and calls

Trave Expenses15i02i2011 lo 19/05/2011 Total mileage28.5@065permi le

Gross amount

t128.84

f2,000.00€822.09

t1,0'r6.00

t200.00

f1,405.39

e238.80

t45,805.00

t560.00

t107.88

€17.16

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4

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10 33+31

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1 2 1 5

32

Town Clerk

€53,478.83

Menbers of the Council

SCH€OULE OF PLANNING APPLICATIONS B

SOUTHAM TOWN COUNCIL MAY A

APPLICATION NO. APPLICANT NAME SITE PROPOSALOASERVATION

DATE/COMMENTAddi t ional

Information

No plans had beensubmitted at the time ofthe preparations of thesepapers but i t may benecessary to table planscn the day of lhe meetinq

PLANNING COMMITTEE (EAST)MEETING DATES

Town Councillor representative should the need arise.

There will be occasions when a Southam Parish, PlanningApplication is considered by Stratford District Council at a PlanningCommittee meeting. All meetings normally take place at 6pm atThe Conference Room, HRI Wellesbourne, Wellesbourne, CV359EQ and the dates of the meetings are as follows:

Please note that Southam Town Gouncil are normallvonlv informed a week prior to the meeting. if aSoutham Parish Planninq Application is on theaqenda

1"t June 201 122"d June201113th July 201 13'd August 201124'n August 201114tn September 20115'n October 201126th October 201116th November 20117th December 2011

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TOWN CLERK'S REPORT

PUBLIC REPRESENTATIONSDo members'wish to take forward any items that were raisedthe public at this evening's meeting?

by members of

Please find attached (for councillors only) correspondence from StratfordDistrict Council (SDC) advising that they have decided to dispose of someparcels of non operational land which fal ls within the Southam parish. Theland in question is in the vicinity of the Mayfield Road Open Space and isidenti f ied on the attached mao.

Members are requested to consider whether they wish to discuss with theDistr ict Counci l the principal of taking a lease or acquir ing land shown on theattached plan and if the answer is yes, that the Town Council will cover theDistrict Council's reasonable professional fees associated with the transfer.

Members' views are reouested

ON AVON DISTRICT COUNCILPlease find attached (for councillors only) correspondence from StratfordDistrict Council advising that currently no conveniences have been identifiedfor closure and that the council is reviewing the service to produce options thatminimise the impact of the revised budget on front line services, one of theoptions being whether the facility could be run more economically at a locallevel. As such members are requested to consider the following:

. Would Southam Town Council be prepared to participate in this review?

. Would Southam Town Counci l wish to consider taking over the PublicConveniences in Southam depending on whether suitable terms can beagreed?

. ls Southam Town Council aware of any other organisations orbusinesses in Southam that could be approached to operate a publicConvenience service e.g. Community Centres & Pubs etc?

. Are there any other facilities that currently exist in Southam that couldreplace or be developed to replace the current Public Conveniences?

Members' views are requested

PLANNING SITE NOTICEAttached (for counci l lors only) is correspondence from SDC advising that infuture the Town Council will receive additional notices for the Town Council todisplay as appropriate.

Members' views are reouested

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5. SDC LOCAL DEVELOPMENT FRAMEWORK - INVITATION TOADDITIONAL CORE STRATEGY CONSULATION WORKSHOPAttached (for councillors only) is conespondence from SDC inviting amaximum of two representatives to attend the Local Development Framework- Core Strategy Workshop on Monday 6th June 2011. 6.30pm-8.30pm atStratford District Council. Once complete, the Core Strategy will replacecertain policies within the Districts saved Local Plan Review and will set thestrategic direction for all future development for the next 15-20 years.

Please note that Southam Town Council has not been represented at any ofthe previous consultat ion workshops.

Members' views are requested

ANGELA GREEN - VAN PERMITPlease find attached (for councillors only) correspondence from a residentseeking the Town Counci l 's support in obtaining a Van Permit to use at theStockton Household Waste recycling Centre. Warwickshire County Councilhas refused a permit stating that "the Policy has been has been reviewed andLand Rover Defenders now generally fall outside the scope of vehicleconcessions". The Town Clerk has spoken to Chris Moreton (WCC) and hehas stated that WCC are t ightening up their pol icy and that this vehicle fal lsoutside the pol icy cri teria and that nothing can be done to change thedecision. A copy of the WCC policy is also attached and your attentionshould be drawn to the fact that the Land Rover Defender is not the onlvhousehold vehicle.

Members' views are requested

PARK LANE RECREATION GROUNDFollowing the refurbishment of Park Lane Recreation Ground, CoventryContract Services, who carry out quarterly play ground inspections on behalfof the Town Council, has suggested that the council have an independentplayground inspection. The Town Clerk is in the process of obtaining aquotation for an independent inspection and i t is envisaged that thisinformation wil l be avai lable for the meeting.

Members' views are requested

COUNCILLOR VACANCIESMembers'are requested to decide how they wish to f i l l the remaining twovacancies on the council. You may choose to either co-opt two people ontothe counci l at the June Town Counci l meeting or you can advert ise a CasualVacancy (see attached)

Members' views are reouested

ANNUAL DUCK RACEMembers'are requested to give authorisation for the annual, Southam UnitedBowls Club, Duck Race to take place in the Park Lane Recreation Ground onAugust Bank Holiday Monday (29In August 201 1), subject to the organiserssigning the lett ing agreement and providing the Town Counci l with a copy oftheir publ ic l iabi l i ty insurance.

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Monday'1 3th June 2011 (11anr- 1pm) at El izabeth House, Stratford on AvonDistr ict Counci l - Planning Training + Cost FOCTuesday 14'n June 2011 (2pm -4pm)at El izabeth House, Stratford on AvonDistr ict Counci l - Planning Enforcement Training + Cost FOCSaturday 18 June 2011 at Ett ington, Vi l lage Hall - Being A Good Counci l lorand Clerk - Induction Day = 6o.* tUO OOSaturday 16 July 2011 at Wolston, Community & Leisure Centre - Being AGood Counci l lor and Clerk - Induction Day = 6o", arO.OOSaturday '1 7 September 2011 at Fi l longley, Vi l lage Hall - Being A GoodCounci l lor and Clerk - Induction Dav = Cost f50.00Saturday 0B October 2011 at Leamington Spa, Town Hall - Being A GoodCounci l lor and Clerk - Induction Day = 6o., aUO OO

Please note that WALC can carry out Counci l lor Induction Trainingsolely for Southam Town Counci l at a day and t ime to you as a group ata total cost of €300.00

COUNCIL MEETING DATES ENV MEETING DATESThursday 23'" June 2011 Thursday gtn June 201 1Thursday 28" July 2011 Thursday 14th July 2011August - Summer RecessThursday 22"d September 20'1 '1

Thursday 27tn October 2011Thursday 24In November 2011December - Christmas RecessThursday 12th January 2012 - PreceptThursday 26th January 2012Thursday 23d February 2012Thursday 22"d March 2012Thursday 26tn April 20'12Thursday 10'n May 2012 (Annual TownThursday 24'n May 2012

D A CARRO (MRS)Town Clerk

UNRESOLVED MATTERSMINUTE SUBJECT2010t20't'l80.3 Tesco 5106 Bus Shel ters

Thursday B'n September 2011Thursday 13I" October 2011Thursday 1 0'n November 201 1

Thursday 9'n February 2012Thursday B'" March 2012Thursday 12\n April 2012

Meeting & Mayormaking)

19th May 2011

NorE: PLEASE Members of the public may request copies of any items included in this reportthat have been copied for councillors only from the Town ClerK

SOUTHAM TOWN COUNCILTOWN COUNCIL MEETING - 26Ih MAV 2011

CORRESPONDENCE

'l ) Southam & Distr ict Children's Centre - Grant thank you

2) Revisions to Bus Services in Southam - WCC3) Friendship Project for Children - Grant Thank you4) Future Standards of Conduct of Members of Local Authorit ies in

England - NALC Legal Brief ing

Other correspondence available from the office

. Southam Christmas Lights AGM Minutes

. CPRE Fieldwork Spring 2011

. Clerks & Councils Direct - May 2011

. The Clerk Magazine - May 2011

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Debbie

From: dennisyoung@warwickshire.gov.uk

Sent: 03 May 2011 15:32

To: Debbie

Cc: cllrappleton@warwickshire.gov. u k; davematthews@warwickshire.gov.ukSubject: Revisions to Bus Services - Southam

Following earlier e-mails dated 7 March and 1 April 2011, I am now able to advise you ofthe bus service changes that will be affecting Southam from Tuesday 31 May 2011.

Flexibus Service 500 - this service has been withdrawn

I would l ike to take this opportunity of reminding the Town Counci l that residents can.i f thevwish, use the dial a r ide community Links scheme which operates Mondays to Fridaysbetween 0915 and 1500. The service is avai lable to people of al l ages where conventionalpubl ic transport is unavailable or very l imited, and for people with mobil i ty dif f icult ies. Thecost of the service is €1.30 per single journey and people need to contait communrrvLinks on 01789 264491 in advance to make a booking.

lf you wish to discuss this matter with an officer, please contact Dave Matthews on 01g2641 27 60 or by e-mail using davematthews@warwickshire.gov.uk

Regard sDennis YoungPublici ty Team ManagerTransport OperationsEnvironment & Economy DirectorateTelephone: 01926 412647Fax: 01926 418041E-Mail : dennisyou ng @warwickshire.gov. u kWeb: q44nv,waqyickshire.gov. q<

This transmission is intended ior the named addressee(s) only and may contain sensitive orprotectivcly marked material up to RESTRICTED and should be handled accordingly. Unless youarc the named addressee (or authorised to reccive it for the addrcssee) you may not copy or use it, ordisclose it to anyonc else. lf you have received this transmission in error please notifv tire senderimmediately. All entail traffic sent to or from us, including withour limitition all GCIX traffic, maybe subject to recording and/or monitoring in accordance with relevant legislation.

04105t2011

f'or Clrilc{rertn i e . r . : & ( h l r - r l \ . ' l ' i i s - t

30 Bowliry 6rez.n LoneBedworth

Worwickshire

Tel: O24 7636 5870Emoil: A lon@f riendshippro iect.co.uk

5"d l,/toy 2011

l/trs Denise SondersDeputy Town ClerkSouthom Town Council\he 6rotge HollCoventry RmdSouthomcv47 lQA

Dear rlArs Sandens

I om writing to ocknowledge receipt of your kind donotion of €5OO to the FriendshipProject for Children which will enable us to continue our work to improrre the quolity oflife of vulneroble ond disodvantoged children in the Southom oreo.

Your domtion is especiolly welcome during these difficult econotnic times.

We will keep you odvised of our progress towords meeting our oims for the coming yeor.

Once ogoin many thonks.

Yours sincerely

Alon l'ltorshollFriendsh ip Project for Children

Legal BriefingL02-11

Date of issue: 20 April2011

FUTURE STANDARDS OF CONDUCT OF MEMBERS OFLOCAL AUTHORITIES IN ENGLAND

Legal Brief ing L0B-10 detai led the proposed aboli t ion of the current standardsframework. This brief ing explains the impact of the Local ism Bil l provisions specif ical ly inrelat ion to the standards of conduct expected of counci l lors ( including persons who arenot counci l lors but who are members of a committee or sub-committee or a jointcommittee of an authority) after the Localism Bill receives royal assent (expected to belate 2011) and the relevant statutory provisions come into force (expected in 2012).

The Local ism Bil l seeks to repeal the duties on a parish counci l ,l l l of the Local Government Act 2000 (as amended) to.

. adopt the model code of conduct as currently prescribedpower to revise it, whilst still incorporating the mandatorycode);

o publ icise adoption of a code of conduct;. make i t avai lable for publ ic inspection;. send a copy of it to the standards committee of the relevant district or unitarv

authority.

In addit ion, when the new legislat ion is in force, counci l lors wil l no longer be required togive a written undertaking that in performing their functions or as part of their declarationof acceptance of office that they will observe the code of conduct which has oeenadopted by their counci l .

The Local ism Bil l requires counci l lors to register and declare ' f inancial and otherinterests' , which may prevent or restr ict their part icipation in business being consideredat a meeting. lt is expected that the new requirements in respect of the registration anddisclosure of interests wil l be similar to the obl igations which counci l lors are currentlysubject to by virtue of the present model code of conduct. As indicated by Legal BriefingL08-10, a counci l lor who fai ls, without reasonable excuse, to register and declare certaininterests or who takes part in council business which their interests restrict or prohibit.risks committing a criminal offence, which if successfully prosecuted could lead to a fineof up to 15000 and d isquali f icat ion of up to 5 years from being or becoming a counci l lor.

By continuing to rmpose legal requirements which restr ict counci l lors from part icipating incouncil business when they are restricted or prevented from doing so, the Localism Billprovisions recognise the need for honesty and objectivi ty in counci l lors'conduct relat ingto part icipation and decision making at meetings.

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!ational Association of Local CouncilsTel: 020 7637 1865 ' Fax: 020 7436 7451 . e-mail: nalc@nalc.qov.uk . website: www.nalc.qov.ux

llthyttc

currently set out in Part

by regulat ions (with aprovisions of the model

///fty4/t Legal BriefingL02-11

Date of issue: 20 April2011other standards of conduct expected of a councilor, not rerated to the regishation anddisclosure of interests, which are currentry prescribed in the mandatory proiisions or tnemodel code of conduct, wiil not be mandaiory when the new statutory firouil,on" ,or"into force such obrigations, as contained in thl present moder code or conouct, requrre acounci l lor, for example. to:

o treat others with respect;o not act which ways which wourd resurt in the councir breaching its statutoryequali t ies obl igations;. not bul ly;. not disclose confidential information,. not bring his/her office or the council into disrepute;' not use his/her office to improperry confer an advantage or disadvantage.

The imminent repear of the moder code of conduct does not mean that there is noarternative redress against types of conduct that wourd have been prohibiteo, as hasalways been the case. civir remedies and regar redress for some il;; ;; conouct,currentry regurated by the moder .code, may be avairabre in regar 'ir"ir.

for riber,misfeasance in pubric off ice, breach of discrimination and equarit i6. "nJ ".p,oyr"ntlegislat ion, harassment, or.breach of a duty of confidence. conduct oy a counli i tor wrrictrresults in a criminar convict ion- and a term of imprisonment for more than-s monthsresutts in d isquarification (s. g0 Locar Government Act 1972). n

"orn"irjoi who useshis/her posit ion for f inanciar gain may be convicted and sentenced ror uf- io' t o yearsunder the Fraud Act 2006.

The Local ism BiI provides that a councir may, i f i t wishes, adopt a code of conduct.Notably, the Birr is sirent on what such a code'of conduct shourd incrude in terms of thetypes of conduct expected. rf a councir chooses to adopt a code of ;;;r;i; it wourdneed to decide its content and scope. As the Biil imposes ,"p"r"t"-.i"i d aroneobligations on councillors in respect of ihe disclosure and registration of interests, a cooeof conduct adopted by a counci l on a voluntary basis wil l not need to inctuoe ott igationson councillors to register and disclose interestj.

The Local ism Bil l provides that ful l counci l mav:1) Revise its existing code (because it ii wiil have been based on the prescribedmodel code of conduct which wifl have been repeared and in any uuJnt n". noneed to refer to the separate obrigations on councilors to register and discrosefinancial and other interests or2) Adopt a code of conduct to reprace its existing code of conduct or3) Withdraw its exist ing code of conduct without reptacing i t .

f f a parish councir chooses. option 1) or z) above, i t wi need to recognise the impact ofdoing so. The Locarism Biil provides that it if person rodges a writtJn .orpi"int *ni"nalleges that a counciilor has faired to compry with the counci|s code of coniucl, rr mustconsider whether i t is approprrate to investigate the al legation and i f i t decides that aninvestigation is appropriate, to investigate thJ a|egation in such manner as i t thinks f i t . r fPage 2 of 5

rer: o2o 7637186s . Fax: ,rrlxi"11$=".'::*::l::i6*i"'ffli . website: ww\,.narc.oov.uk

llthy4tc Legal BriefingL02-11

Date of issue: 20 April2011a counci l then decides that a counci lor has fai led to comply with the code, i t may takeaction to take in respect of the counci l lor concerned. A counci l wi l l not be permitted tosuspend or disquali fy counci l lor from off ice. The Bil l does not express the nature of thesanctions avai lable. l t is NALC's view that the range of sanctions avai lable is l imited. Therange of sanctions could, for example, include:

. censure;

. terminating the counci l lor 's appointment to represent the counci l on an externalbody;

. terminating the counci l lor 's membership of a committee by dissolving the committeeand appoint ing new members and determining new terms of off ice;

. requesting a counci l lor to apologise for his/her conduct;

. requesting a counci l lor to attend relevant training.

The adoption of a voluntary code of conduct is l ikely to present operational problems fora parish council. lt is difficult to see how a parish council might objectively or effectivelyinvestigate an al leged fai lure by a counci l lor to comply with i ts code of conduct (whichindividual counci l lors are not required to undertake to observe) or sanction a counci l lorfor his/her failure to comply with the code. A council may also face difficulties in enforcingany sanction i t did impose on a counci l lor. For example, i f a counci l , having determinedthat a counci l lor had fai led to comply with i ts code, requested him/her to attend trainingor to apologise, the counci l has no way of compell ing the counci l lor to do this. l fsanctions against counci l lors cannot be enforced, this wi l l inevitably undermine thepurpose of the code and the complainant 's expectat ions of i t and may even harm acounci l 's reoutation.

It might be more common for a principal authority to adopt a code of conducr on avoluntary basis. Principal authorit ies wil l be subject to the same dif f icult ies in terms ofdeciding the content of a code and enforcing any sanctions, but they may be betterresourced to investigate complaints. Sanctions may also be delivered along partypol i t ical l ines which do not apply to the same extent in parish counci ls and thecomposit ion of their committees. l t is unl ikely that voluntary codes of conduct adopted byprincipal authorit ies can be used and effect ively implemented by a parish counci l .

The Local ism Bil l imposes a duty on al l local authorit ies including parish counci ls topromote and maintain high standards of conduct by i ts counci l lors. The Bil l does notdescribe the steps that a counci l must take to fulf i l l this duty nor does i t define'standards'or 'conduct ' . The Bil l does not require a counci l to adopt a code of conduct; i t merelvpermits this as an option.

It is NALC's view that a parish counci l may satisfy i ts future duty to promote and maintainhigh standards of conduct, using methods which do not include adopting a voluntarycode of conduct. This approach could include a parish counci l taking the fol lowing steps.

National Association of Local CouncilsTef : 020 7637'1865 ' Fax: 020 7436 7451 . e-mail: nalc@nalc.qov.u k

page 3 of 5

' website: www.nalc.qov.uk

/////YAIC Legal Briefing

L02-11Date of issue: 20 April2011

1) Endorsement by ful l counci l at i ts annual meeting (or another ful l counci l meeting)thal the 7 principles of pubic l i fe (also known as the Nolan Principles) asestabl ished by the Committee on Standards in Public Life appl ies.. These are setout below.

(i) Self lessnessHolders of publ ic off ice should act solely in terms of the public interest. Theyshould not do so in order to gain f inancial or other benefi ts for themselves, theirfamily or their fr iends.( i i ) Integri tyHolders of publ ic off ice should not place themselves under any f inancial or otherobl igation to outside individuals or organisations that might seek to inf luence themin the performance of their official duties.( i i i ) Objectivi tyIn carrying out publ ic business, including making public appointments, awardingcontracts, or recommending individuals for rewards and benefi ts, holders of publ icoffice should make choices on merit.( iv)Accou ntabi l i tyHolders of public office are accountable for their decisions and actions to thepublic and must submit themselves to whatever scrut iny is appropriate to theiroffice.(v) OpennessHolders of publ ic off ice should be as open as possible about al l the decisions anoactions that they take. They should give reasons for their decisions and restr ictinformation only when the wider publ ic interest clearly demands.(vi) HonestyHolders of public office have a duty to declare any private interests relating to theirpubl ic duties and to take steps to resolve any confl icts arising in a way thatprotects the public interest.(vi i) LeadershipHolders of public office should promote andand example.

Confirming and publicising counci l lors'Principles (e.9. include this in i ts publ icat ion

support these principles by leadership

commitment to observe the Nolanscheme and on i ts website).

2)

3) Adoption of a new complaints procedure which accommodates complaints specif icto the acts or omissions of individual counci l lors for which the counci l takescorporate responsibi l i ty (except i f legal l iabi l i ty arises for the counci l lor concerned).l f a complaint specif ic to the acts or omissions of individual counci l lor(s) wasupheld by a counci l , no sanctions (except censure) could be imposed on thecounci l lo(s) because these would be unenforceable. A counci l would need todecide how it make amends i f i t upheld such a complaint. This may include taking

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tllhyAtc Legal Briefing

L02-11Date of issue: 20 April 2011

a part icular act ion, providing a writ ten apology to the complainant, or the paymentof comoensation.

4) Promote and provide relevant training to counci l lors (e.g. in respect of the role andresponsibi l i t ies of counci l lors, governance, equali t ies and employment goodpractice, and planning) aimed at improving conduct.

Summarv

Using the suggestions above, parish counci ls must be able to demonstrate that theysatisfy their duty to promote and maintain high standards by counci l lors. l t is NALC'sview that a counci l 's complaints procedure must enable complaints to be made in respecrof counci l lor conduct. Any such complaints would be dealt with under the counci l 'sstandard complaints procedure.

As a voluntary code of conduct adopted by a counci l would not impose legal obl igationson individual counci l lors, and because sanctions for their misconduct are l imited, anoenforceabil i ty of sanctions are dif f icult , NALC does not recommend that a parish counci ladopts one. once the new legislat ion is in force, we recommend that a oarish counci lwithdraws i ts exist ing code of conduct without replacing i t . NALC wil l not be draft ing avoluntary code for parish counci ls to use or amend to suit their needs.

* The committee on standards in Public Life was establ ished in 1994, ini t ial ly to dealwith concerns about unethical conduct amongst MPs, including accepting f inancialincentives for tabl ing Parl iamentary questions, and issues over procedures forappointment to publ ic bodies. As an independent advisory body to the Government, i tmonitors, reports and make recommendations on al l issues relat ing to standards inpublic l i fe. Lord Nolan was the f irst Chairman of the Committee. The Nolan Principles arenot statutory. some public bodies have incorporated them into codes of practice anoother internal standards that can then be taken into accounr.

This briefing was issued by Meera Tharmarajah, solicitor and Head of Legal services

National Association of Local CouncilsTef : 020 7637 1865 . Fax: 02O 7436 7451 . e-mail: nalc@natc.qov.uk

o NALC 201.1

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' website: www.nalc.qov.uk