Basing House, 46 High Street, Rickmansworth WD3 1HP Louise Steele, Locum Clerk [email protected] 01923 590201
Supporting Papers for a Meeting of Council to be held on
Monday 4 November 2019 at 7pm .
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Minutes of the meeting of the Batchworth Community Council held on Monday 7 October 2019 at 7pm Basing House, 46 High Street, Rickmansworth, WD3 1HP
Present Cllr Emma Brading Cllr François Neckar Cllr Paul Dawson Cllr Neelima Payne Cllr Peter Loader Cllr Nigel Stewart Cllr Alan Moss
Also present: Louise Steele, Locum Clerk to the Council District Councillor Joanna Clemens District Cllr Debbie Morris Two members of the public
The meeting opened with Cllr Paul Dawson (Vice-Chairman) in the chair. Cllr Dawson welcomed everyone to the meeting, particularly Mrs Louise Steele as new Locum Clerk. Cllr Dawson expressed the Council’s thanks to Cllr Neckar the previous Chairman and to all Councillors who had worked behind the scenes between Clerks.
2019/058/FC Election of Chairman Upon the proposal of Cllr Stewart, seconded by Cllr Loader, Cllr Alan Moss was unanimously elected as Chairman for the remainder of the Local Government year 2019/20 and made his Declaration of Acceptance of Office.
2019/059/FC Apologies for Absence Cllr Barber
2019/060/FC Declarations of Interest None received
2019/061/FC Minutes The minutes of the Meeting of the Batchworth Community Council held on 2 September 2019 were agreed as an accurate record of the meeting and signed as such by the Chairman.
2019/062/FC Public Participation session A member of the public asked whether funding and license arrangements were in place for Festive Lights in 2019. Cllr Neckar responded to the question indicating that funding was in place but that the relevant consents were still being sought from Three Rivers District Council and Hertfordshire County Council.
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An update was also requested about the community safety project for Eastbury and whether progress had been made on advertising planning applications as per the last meeting’s minutes. A further update was requested about Eastbury verge trees [the new Locum Clerk was reassured that neither the verge nor the trees were in the Community Council’s ownership] and the answer was given that that was a matter for Hertfordshire County Council.
Another member of the public made a statement in support of the annual Rickmansworth Festival, thanking the Community Council for its financial support and expressing the hope that the support would be continued. The full text of that statement is appended to these minutes. The member of the public explained that the Waterways Festival would like to apply to the Community Council for a grant for next year.
2019/063/FC Reports from other bodies No reports were received from representative of Three Rivers District Council, Hertfordshire County Council, or other bodies.
2019/064/FC Neighbourhood Plan Steering Group The Council received an oral update from the Chairman of the Neighbourhood Plan Steering Group about a meeting of that group held on 25 September 2019. Troy Hayes Planning had presented an initial paper which will be distributed more widely amongst Councillors. The wider Neighbourhood Plan group has not met since January and that must be remedied along with wider community engagement and communication via the website and the Rickmansworth Festival.
Councillors asked a number of questions, in answer to which it was established that: the Neighbourhood Plan process is at this point two months or so behind schedule; Cllr Brading will be developing a job description for an administrative assistant post; Cllrs Moss, Loader and Brading attended the meeting on 25 September; and the Chairman of the Neighbourhood Plan Steering Group will check with Troy Hayes Planning about their knowledge/experience of Councils funding Neighbourhood Plans from Community Infrastructure Levy.
2019/065/FC Membership and Chairmanship of Committees Council noted the resignation of Cllr Moss from the Finance Committee and Staffing Committee and the resignation of Cllr Neckar from the Planning Committee. It was also noted that Cllr Stewart resigned as Chairman of the Staffing Committee. Accordingly it was agreed for the remainder of the Local Government year membership of Committees would be as follows:
a) Finance Committee: Cllr Dawson, Cllr Loader, Cllr Neckar, Cllr Payne and Cllr Stewart
b) Staffing Committee: Cllr Barber, Cllr Brading, Cllr Dawson, Cllr Payne and Cllr Stewart
c) Complaints Committee: Cllr Loader, Cllr Moss and Cllr Neckar
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d) Planning Committee: Cllr Barber, Cllr Brading and Cllr Stewart The following Councillors were appointed as Chairmen to Committees as indicated: e) Finance Committee – Cllr Stewart f) Staffing Committee – Cllr Dawson g) Complaints Committee – Cllr Neckar h) Planning Committee – Cllr Barber
Some discussion ensued about whether the Complaints Committee was necessary and how the Planning Committee might best operate. It was agreed that these matters should be the subject of agenda items at future meetings of Council.
2019/066/FC Appointment of Proper Officer and Responsible Financial Officer (RFO) Council noted the appointment of Louise Steele (employed through contract with the Local Government Resource Centre (LGRC)) as Locum Clerk to the Council and confirmed that Mrs Steele is the Council’s Proper Officer and RFO for the period of her appointment.
Council also confirmed that the Council’s bank mandate should be amended to give Mrs Steele as Clerk (and subsequently whoever holds the post) access to the Council’s Unity bank accounts to view the accounts and to set up payments. The previous Clerk to be removed from the mandate.
2019/067/FC Planning a) The Council noted a list of planning applications received since the last meeting of the Council. It was agreed that, except for 19/1661/FUL and 19/1788/RSP, the Council had no objection to the applications listed.
No agreement was reached as to observations to be submitted on the applications 19/1661/FUL and 19/1788/RSP.
2019/068/FC Finance and Administration a) A schedule of payments made between 1 August 2019 and 30 September 2019 £10,431.39 was retrospectively approved. A second schedule of payments dated 7 October 2019 and comprising sums yet to be paid totalling £1,676.09 was also approved. The two schedules are attached to the record minutes. b) Accounting information for the 2019/20 financial year to 31 August 2019 had been distributed with the agenda and an additional report comparing expenditure to 30 September 2019 against budget was tabled at the meeting. The Clerk was asked to restructure the accounting codes.
2019/069/FC Annual Governance and Accountability Return (AGAR) for the year ended 31 March 2019 Council received the External Auditor’s report for the year ended 31 March 2019 and the AGAR Sections 1 & 2 to which it refers (both attached to the record minutes). Members considered and agreed an action plan to deal with the auditor’s findings and that action plan is also attached to the record minutes.
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2019/070/FC Grant Applications None received
2019/071/FC Winter/Festive Lights a) For a time during discussion of this item the Chairman suspended Standing Orders to hear from a member of the public who was able to add more information about the Winter Fair. After Standing Orders were resumed and upon the proposal of Cllr Moss, seconded by Cllr Loader it was agreed to approve a payment of £2,5000 to the Rickmansworth Town Team CIC as a contribution to the costs of running the Winter Fair on 29 November 2019. b) It was noted that an additional £675 has been committed to the necessary repair of Festive Lights. c) In consideration of the obstacles to obtaining a license to install Festive Lights in Rickmansworth High Street it was agreed that up to £3,000 of Community Infrastructure Levy could be applied to purchase additional infrastructure and lights to enable the lighting of the “library tree”. d) It was confirmed that all necessary funding is in place for the Eastbury Christmas event.
At 9.30pm and in accordance with Standing Order 3(w) the Chairman closed the meeting and agenda items 2019/072/FC to 2019/079/FC inclusive were not considered.
Chairman
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2019/062/FC Public Participation session – Statement re Rickmansworth Festival
I am David Montague, Chairman of Rickmansworth Waterways Trust and 2020 will be my 19th year as Festival Director. The annual Rickmansworth Festival, which started in 1993, is the major event in the Three Rivers Area which brings together Canals, Community and Environment. It is organised by local volunteers from the Rickmansworth Waterways Trust. We partner with Three Rivers District Council to use the space in the Aquadrome and the Canal and River Trust to use the canal and the towpath. All the voluntary donations given by the public at the Festival support our Heritage education work at Batchworth Lock for which we have received national recognition, including the Queen's Award for Voluntary Service in 2017. Between 20,000 and 30,000 people attend during the course of the weekend, which is the highlight of Rickmansworth Week. All the funds required to put on the event for our community have to be raised in advance so we ensure the event opens with all bills covered. This is essential as the Trust does not have the funds to underwrite the costs if it rains all weekend! Last year a total of £32,000 was raised by the sale of the Trade and Catering Franchises. The 2019 event required £45,500 to stage and would not have been possible without the generous support from Batchworth Community Council and many other sponsors. This year however we face some additional challenges with funding. One of our suppliers who provide all the stage, site power infrastructure and lighting have decided to cease their very generous subsidy on the equipment provided. We are incredibly thankful for their support as they have essentially hired their site equipment to us for free for the last 15 years and only charged for transport and a booking in and out fee. This change in sponsorship has increased the funds we have to find for the 2020 Festival to £51,500. We are looking at alternative suppliers, changing the site layout to reduce the power equipment needs, increasing our charges to caterers and also seeking further sponsors and we think we can close the gap with considerable hard work in all these areas. We are hoping that Batchworth Community Council would be able to provide the same level of support towards the Festival as in 2019 when a grant of £5000 was made towards the event. The provision of the same level of grant for next year will make the task of securing the additional funds to ensure the event opens in a break even position more achievable and help secure the future of this much loved community event. I am happy to take any questions councillors may have if permitted.
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Minutes of the Staffing Committee held on Monday 21 October 2019 at 10.30am Basing House, 46 High Street, Rickmansworth, WD3 1HP
Present Cllr Paul Dawson (Chairman) Cllr Di Barber Cllr Emma Brading Cllr Neelima Payne
In attendance: Louise Steele, Locum Clerk
2019/001/SC Apologies for Absence Apologies for absence were received from Cllr Nigel Stewart.
2019/002/SC Minutes The Minutes of the meeting of the Staffing Committee held on 7 January 2019 were received, approved and adopted and signed by the Chairman as a true record.
2019/003/SC Declarations of Interest None received.
2019/004/SC Public Participation Session There was none
2019/005/SC Employment of an Administrative Assistant for the Neighbourhood Plan The Committee considered and agreed a job description for an administrative assistant for the Neighbourhood Plan (job description attached to these minutes) and agreed that Seekers and HAPTC be approached to see if they help the Council find a contractor to fill the role.
The meeting closed at 11.00am
Chairman
Date
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Basing House, 46 High Street, Rickmansworth WD3 1HP Louise Steele, Locum Clerk [email protected] 01923 590201
Administrative Assistant – Batchworth Neighbourhood Plan
Batchworth Community Council is seeking an enthusiastic and reliable person to work alongside the Neighbourhood Plan Steering Group, in an administrative and support role.
The role involves assisting with the creation of the draft Plan for Rickmansworth, Moor Park & Eastbury, taking it through public consultation and referendum to adoption. The duration of the Plan development is expected to span over the next two years.
The ideal candidate will be able to work flexibly in response to the fluctuation in workload and would have experience in organising and facilitating public consultation events.
The estimated working hours will be equivalent to seven hours per week. The client is willing to negotiate flexible working hours including 'term time only' hours. Occasional weekend and evening work will be required for public consultation events and there will be monthly evening Steering Group meetings. The ideal candidate will be happy to work from the Council offices with the option of working from home by negotiation.
The client will provide a laptop and mobile ‘phone or calls allowance. Good knowledge of the local area and a passion for being involved with the Neighbourhood Plan is preferred. Good organisational and communication skills are essential, with proficiency in using Microsoft software such as Word, Excel and Powerpoint.
Tasks include: • Preparing and sending communications to residents via email and leaflet • Working with the contracted planning consultants • Organising engagement meetings with key groups • Organising and facilitating public consultation events • Preparing meeting agendas and supporting documents plus taking meeting minutes • Maintaining website
8 Batchworth Community Council – Full Council 4 November 2019 – LIST OF PLANNING APPLICATIONS NOTIFIED BY TRDC SINCE 2 OCTOBER 2019
Application No Address Application details Comments by 19/1861/RSP 13 Westbury Road Northwood Retrospective: Erection of fencing to flank boundary with no.15 25 October HA6 3DB Westbury Road
19/1888/FUL 18 Woodhouse Lodge Woodhouse Loft conversion including rear dormer window and rooflights to the 25 October Eaves Northwood front roofslope.
19/1848/LBC 7 - 9 Church Street Rickmansworth Listed Building Consent: Change of use of from Class A1/A3 5 November Hertfordshire (retail/cafe) to Class A3/A4 (Wine Bar) and to operate between 08.00-00.00hrs
19/1847/FUL 7 - 9 Church Street Rickmansworth Change of use of from Class A1/A3 (retail/cafe) to Class A3/A4 5 November Hertfordshire (Wine Bar) and to operate between 08.00-00.00hrs 19/1997/FUL 18 Wolsey Road Moor Park Two storey and single storey rear extensions and internal alterations 6 November HA6 2HW
19/1982/FUL 18 Townfield Rickmansworth Construction of detached outbuilding 6 November WD3 7DD
BCC Observation :Batchworth Community Council fully supports Moor Park (1958) Ltd in their objections to this application
19/1950/FUL 38 Eastbury Avenue Northwood Erection of three storey building with habitable roof space to create 7 November HA6 3LN 9 x 2-bed selfcontained flats with associated parking on basement level, cycle and refuse store, amenity areas and landscaping following demolition of existing dwelling house.
19/1977RSP 24 Russell Road Moor Park Alterations to fenestration detail including alterations to the shape of 7 November HA6 2LL the front bay window, addition of flank windows, addition of rooflights to the front and side roofslopes, provision of side and rear dormer windows, alterations to front porch, conversion of garage to habitable accommodation and alterations to external materials.
BCC Observation :Batchworth Community Council fully supports Moor Park (1958) Ltd in their objections to this application
9 Batchworth Community Council – Full Council 4 November 2019 – LIST OF PLANNING APPLICATIONS NOTIFIED BY TRDC SINCE 2 OCTOBER 2019
19/2018/RSP 50 Russell Road Moor Park Variation of Conditions 2 (Approved Plans) and 8 (Retention of roof 11 November HA6 2LR tiles) of planning permission 19/1376/RSP (Partial demolition of existing dwelling and erection of single storey and two storey, front, side and rear extensions, loft conversion including the provision of rear dormer windows and rooflights and internal alterations) to include removal of roof tiles previously proposed to be retained 19/2025/FUL Bracken Cottage Bracken Hill Close Erection of a detached garage 12 November Northwood
19/2006/RSP 119 Ebury Road Rickmansworth Demolition of existing storey side extension & single storey rear 13 November WD3 1BJ store room, erection of single storey rear extension and loft conversion including the installation of front and rear rooflights.
19/1921/FUL 22 Money Hill Road Rickmansworth First floor extension to create two storey dwelling and alterations to 15 November WD3 7EQ external materials and fenestration detail
19/2039/FUL Merchant Taylors School Sandy Erection of an indoor cricket school at Merchant Taylors School with 15 November Lodge Lane Moor Park associated works including an access road and car parking spaces
19/1966/FUL The Cottage Batchworth Heath Farm Demolition of existing dwelling and erection of new dwelling 15 November And Livery Batchworth Heath
19/2068/FUL Hamelin 24 Batchworth Lane Part single storey, part two storey rear extension, two storey front 15 November Northwood extension and alterations to fenestration detail.
19/1915/RSP Kerry Lodge 32 Astons Road Moor Part Retrospective: Enclosure and provision of air-conditioning units 19 November Park
19/2041/FUL Tralee London Road Rickmansworth Three storey front extension 20 November
10 Councillor Loader’s Report Creation of a Transport Working Party Purpose of the Report: Decision Presented to the Council on 2nd September, 2019
1 Introduction The Council has a Highways Together budget of £5,000 for 2019/20. Projects to spend this budget are very likely to qualify for CIL funding instead of Council Tax funding. At the moment there is just one proposed project that would qualify for funding under this budget — a walking and cycling route in Rickmansworth Town ward. As far as I know, councillors are not currently working on any equivalent potential projects for Moor Park and Eastbury ward. I am proposing that the Council solves this problem by setting up a Transport Working Party, initially consisting of a Rickmansworth Town councillor and a volunteer interested in improving transport in Moor Park and Eastbury. This working party would recommend possible future transport projects to the Council and progress transport projects. Though the Neighbourhood Plan Steering Group may decide to set up a transport focus group in future, this is not certain. It would only exist until the Neighbourhood Plan is finished and it would concentrate on contributing to the Neighbourhood Plan, not progressing the Council’s transport projects. However, if the Neighbourhood Plan Steering Group comes up with possible transport projects, the Working Party could help the Council to implement them.
2 Cost & Benefits Cost: If the Working Party is successful, it will help the Council to spend all of its transport budget for this financial year (£5,000) and also for subsequent years. Benefits to the Community: Residents of Moor Park and Eastbury ward will benefit from their fair share of the Council’s transport budget; but residents of Rickmansworth Town ward will no longer be able to benefit from more that their fair share of the budget.
Creation of a Transport Working Party 1 of 2 11 3 Recommendations • The Council sets up a Transport Working Party, with initial membership: Cllr Peter Loader (Rickmansworth Town) and Tony Brayford (Moor Park and Eastbury).
• The Council approves and adopts the following Terms of Reference of the Transport Working Party: 1. The Transport Working Party reports in writing to the Council, recommends possible future transport projects to the Council and progresses the Council’s transport projects. 2. It works within the relevant Council Standing Orders. 3. Its membership will consist of at least one person dealing with each ward’s transport projects. 4. The initial membership is decided by the Council, which also elects Councillor member(s) at its annual meeting. Any other members are elected by the Working Party itself. 5. Working Party meetings will take place as frequently as the members identify as necessary to meet it remit. Decisions are made by consensus. 6. The Working Party annually elects its Chair and Vice Chair from its membership. 7. The Working Party becomes a regular item on the Council’s Agenda. Its Chair or Vice Chair proposes new transport projects to the Council and provides regular updates to the Council on existing transport projects. (This should reduce the number of projects that the Clerk has to manage). 8. The Working Party suggests its budget annually to the Finance Committee but, since it contains non-councillors, it does not have delegated spending powers. Instead its Chair or Vice Chair proposes spending items to the Council for approval. 9. It liaises with relevant authorities and organisations. 10.These terms of reference are subject to the approval and adoption of the Council. Any changes to the terms of reference require the support of the current membership of the Working Party and the approval of the Council. 11. The Working Party will be dissolved when the Council considers its services are no longer required.
Creation of a Transport Working Party 2 of 2 12 Councillor Loader’s Report Rickmansworth Aquadrome/Station Walking and Cycling Project Purpose of the Report: Decision Presented to the Council on 2nd September, 2019
1 Introduction The aim of the project is to ensure that the Colne and Crane Green Infrastructure Strategy’s new walking and cycling link between the Aquadrome and Rickmansworth Station is implemented via the town centre, in line with two of Rickmansworth Councillors’ proposed strategies. It involves BCC designing the preferred route via Bury Lane and then part-funding Hertfordshire County Council to create it.
2 Background The Colne and Crane Green Infrastructure Strategy Consultation considered a new walking and cycling link between the Aquadrome and Rickmansworth Station, not necessarily via the town centre. At their meting on 1st July 2019, Rickmansworth Councillors agreed that Cllr Loader would do a feasibility study into the possibility of routing this link through the town centre. This fits in with two of the Rickmansworth Councillors’ proposed strategies : • To encourage more people to spend more time in Rickmansworth Town Centre. • To encourage more people to spend more time in open spaces. There was not enough time to set up a proper BCC working party or project, so I did the feasibility study as a private individual. There are two potential cycling and walking routes via the Town Centre: 1. Via Bury Lane. 2. Via Wensum Way. The route via Wensum Way is not technically feasible because of heavy traffic and one-way working. On the other hand, the route via Bury Lane appears to be feasible
Rickmansworth Aquadrome/Station Walking and Cycling Project 1 of 2 13 and is open to a phased implementation as funding permits. I have started work on a high level design for it using the Cyclescape web-based route design tool.
3 Cost & Benefits Cost: BCC will probably have to fund 100% of the cost of a detailed design by a highways engineer, and then part-fund the implementation in order to increase the route’s priority in Hertfordshire County Council’s cycling and walking plans. It is, of course, important that the costs are met out of CIL money, not from Council Tax. Benefits to the Community: Town centre shops would benefit from spending by the tourists that are attracted by the Colne Valley Regional Park’s advertising campaigns. Rickmansworth Station will be the access point to the northern end of the Park. The route will also serve tourists on the National Cycle Network and could become the backbone for local cycling and walking routes to the town centre. So residents would enjoy better access by sustainable transport. to the town centre, the Aquadrome, and the National Cycling Network.
4 Recommendation • Set up a project to progress the Rickmansworth Aquadrome/Station Walking and Cycling Route.
Rickmansworth Aquadrome/Station Walking and Cycling Project 2 of 2 14
Batchworth Parish Community Council
STANDING ORDERS
Adopted: April 2017 November 2019 Review Date: May 2018 2020
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Batchworth Parish Community Council Standing Orders
Index of standing orders
1. Rules of debate at meetings ...... 3
2. Disorderly conduct at meetings...... 5
3. Meetings generally ...... 5
4. Committees and sub-committees ...... 8
5. Ordinary council meetings ...... 9
6. Extraordinary meetings of the council and committees and sub- committees ...... 11 7. Previous resolutions ...... 11
8. Voting on appointments ...... 12
9. Motions for a meeting that require written notice to be given to the Proper Officer ...... 12 10. Motions at a meeting that do not require written notice ...... 13
11. Handling confidential or sensitive information ...... 13
12. Draft minutes ...... 14
13. Code of conduct and dispensations ...... 14
14. Code of conduct complaints ...... 15
15. Proper Officer ...... 16
16. Responsible Financial Officer ...... 17
17. Accounts and accounting statements ...... 17
18. Financial controls and procurement ...... 18
19. Handling staff matters ...... 21
20. Requests for information ...... 22
21. Relations with the press/media ...... 22
22. Execution and sealing of legal deeds ...... 22
23. Communicating with District and County councillors ...... 22
24. Restrictions on councillor activities ...... 23
25. Standing orders generally ...... 23 Page 2 of 22 Adopted: April 2017 November 2019 Review Date: May 2018 2020
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Batchworth Parish Community Council Standing Orders
Standing orders
1. Rules of debate at meetings a Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the chairman of the meeting. b A motion (including an amendment) shall not be progressed unless it has been moved and seconded. c A motion on the agenda that is not moved by its proposer may be treated by the chairman of the meeting as withdrawn. d If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder and the meeting. e An amendment is a proposal to remove or add words to a motion. It shall not negate the motion. f If an amendment to the original motion is carried, the original motion becomes the substantive motion upon which further amendment(s) may be moved. g An amendment shall not be considered unless early verbal notice of it is given at the meeting and, if requested by the chairman of the meeting, is expressed in writing to the chairman. h A councillor may move an amendment to his own motion if agreed by the meeting. If a motion has already been seconded, the amendment shall be with the consent of the seconder and the meeting. i If there is more than one amendment to an original or substantive motion, the amendments shall be moved in the order directed by the chairman. j Subject to standing order 1(k) below, only one amendment shall be moved and debated at a time, the order of which shall be directed by the chairman of the meeting. k One or more amendments may be discussed together if the chairman of the meeting considers this expedient but each amendment shall be voted upon separately. l A councillor may not move more than one amendment to an original or substantive motion.
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Batchworth Parish Community Council Standing Orders
m The mover of an amendment has no right of reply at the end of debate on it. n Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply either at the end of debate of the first amendment or at the very end of debate on the final substantive motion immediately before it is put to the vote. o Unless permitted by the chairman of the meeting, a councillor may speak once in the debate on a motion except:
i. to speak on an amendment moved by another councillor; ii. to move or speak on another amendment if the motion has been amended since he last spoke; iii. to make a point of order; iv. to give a personal explanation; or v. in exercise of a right of reply. p During the debate of a motion, a councillor may interrupt only on a point of order or a personal explanation and the councillor who was interrupted shall stop speaking. A councillor raising a point of order shall identify the standing order which he considers has been breached or specify the other irregularity in the proceedings of the meeting he is concerned by. q A point of order shall be decided by the chairman of the meeting and his decision shall be final. r When a motion is under debate, no other motion shall be moved except:
i. to amend the motion; ii. to proceed to the next business; iii. to adjourn the debate; iv. to put the motion to a vote; v. to ask a person to be no longer heard or to leave the meeting; vi. to refer a motion to a committee or sub-committee for consideration; vii. to exclude the public and press; viii. to adjourn the meeting; or ix. to suspend particular standing order(s) excepting those which reflect mandatory statutory requirements. s Before an original or substantive motion is put to the vote, the chairman of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his right of reply.
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Batchworth Parish Community Council Standing Orders
t Excluding motions moved understanding order 1(r) above, the contributions or speeches by a councillor shall relate only to the motion under discussion and shall not exceed five minutes without the consent of the chairman of the meeting.
2. Disorderly conduct at meetings a No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the chairman of the meeting shall request such person(s) to moderate or improve their conduct. b If person(s) disregard the request of the chairman of the meeting to moderate or improve their conduct, any councillor or the chairman of the meeting may move that the person be no longer heard or excluded from the meeting. The motion, if seconded, shall be put to the vote without discussion. c If a resolution made under standing order 2(b) above is ignored, the chairman of the meeting may take further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.
3. Meetings generally
● Full Council meetings ● Committee meetings ● Sub-committee meetings
a Meetings shall not take place in premises which at the time of the meeting ● are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost.
b The minimum three clear days for notice of a meeting does not include the day ● on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.
c The minimum three clear days’ public notice for a meeting does not ● include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice.
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Batchworth Parish Community Council Standing Orders
● ● d Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion.
e Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda.
f The period of time designated for public participation at a meeting in accordance with standing order 3(e) above shall not exceed twenty minutes unless directed by the chairman of the meeting.
g Subject to standing order 3(f) above, a member of the public shall not speak for more than three minutes.
h In accordance with standing order 3(e) above, a question shall not require a response at the meeting nor start a debate on the question. The chairman of the meeting may direct that a written or oral response be given.
i A person shall raise his hand when requesting to speak and stand when speaking (except when a person has a disability or is likely to suffer discomfort). The chairman of the meeting may at any time permit a person to be seated when speaking.
j A person who speaks at a meeting shall direct his comments to the chairman of the meeting.
k Only one person is permitted to speak at a time. If more than one person wants to speak, the chairman of the meeting shall direct the order of speaking.
l A person may not orally report or comment about a meeting as it takes ● ● place if he is present at the meeting of a parish council or its committees but otherwise may: i) film, photograph or make audio recording of a meeting; ii) use any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later; iii) report or comment on the proceedings in writing during or after a
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Batchworth Parish Community Council Standing Orders
meeting or orally report or comment after the meeting.
m The press shall be provided with reasonable facilities for the taking of their ● ● report of all or part of a meeting at which they are entitled to be present.
n Subject to standing orders which indicate otherwise, anything authorised ● or required to be done by, to or before the Chairman of the Council may in his absence be done by, to or before the Vice-Chairman of the Council (if any).
● o The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting.
p Subject to a meeting being quorate, all questions at a meeting shall be ● ● ● decided by a majority of the councillors or councillors with voting rights present and voting. ● ● ● q The chairman of a meeting may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote. See standing orders 5(i) and (j) below for the different rules that apply in the election of the Chairman of the Council at the annual meeting of the council.
r Unless standing orders provide otherwise, voting on a question shall be by a show of hands. At the request of a councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.
s The minutes of a meeting shall include an accurate record of the following: i. the time and place of the meeting; ii. the names of councillors present and absent; iii. interests that have been declared by councillors and non-councillors with voting rights; iv. whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered; v. if there was a public participation session; and vi. the resolutions made.
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Batchworth Parish Community Council Standing Orders
● ● ● t A councillor or a non-councillor with voting rights who has a disclosable pecuniary interest or another interest as set out in the council’s code of conduct in a matter being considered at a meeting is subject to statutory limitations or restrictions under the code on his right to participate and vote on that matter.
u No business may be transacted at a meeting unless at least one-third of ● the whole number of members of the council are present and in no case shall the quorum of a meeting be less than three. See standing order 4d(viii) below for the quorum of a committee or sub- committee meeting.
v If a meeting is or becomes inquorate no business shall be transacted and ● ● ● the meeting shall be closed. The business on the agenda for the meeting shall be adjourned to another meeting.
w A meeting shall not exceed a period of two and a half hours.
4. Committees and sub-committees
a Unless the council determines otherwise, a committee may appoint a sub- committee whose terms of reference and members shall be determined by the committee.
b The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the council.
c Unless the council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non- councillors.
d The council may appoint standing committees or other committees as may be necessary, and:
i. shall determine their terms of reference; ii. shall determine the number and time of the ordinary meetings of a standing committee up until the date of the next annual meeting of full council; iii. shall permit a committee, other than in respect of the ordinary meetings of a committee, to determine the number and time of its meetings; iv. shall, subject to standing orders 4(b) and (c) above, appoint and determine the terms of office of members of such a committee;
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v. may, subject to standing orders 4(b) and (c) above, appoint and determine the terms of office of the substitute members to a committee whose role is to replace the ordinary members at a meeting of a committee if the ordinary members of the committee confirm to the Proper Officer five days before the meeting that they are unable to attend; vi. shall, after it has appointed the members of a standing committee, appoint the chairman of the standing committee; vii. shall permit a committee other than a standing committee, to appoint its own chairman at the first meeting of the committee; viii. shall determine the place, notice requirements and quorum for a meeting of a committee and a sub-committee which shall be no less than three; ix. shall determine if the public may participate at a meeting of a committee; x. shall determine if the public and press are permitted to attend the meetings of a sub-committee and also the advance public notice requirements, if any, required for the meetings of a sub-committee; xi. shall determine if the public may participate at a meeting of a sub-committee that they are permitted to attend; and xii. may dissolve a committee.
5. Ordinary council meetings a In an election year, the annual meeting of the council shall be held on or within 14 days following the day on which the new councillors elected take office. b In a year which is not an election year, the annual meeting of a council shall be held on such day in May as the council may direct. c If no other time is fixed, the annual meeting of the council shall take place at 6pm. d (England) In addition to the annual meeting of the council, at least three other ordinary meetings shall be held in each year on such dates and times as the council directs. e (Wales) In addition to the annual meeting of the council, any number of other ordinary meetings may be held in each year on such dates and times as the council may direct. f The first business conducted at the annual meeting of the council shall be the election of the Chairman and Vice-Chairman (if any) of the Council. g The Chairman of the Council, unless he has resigned or becomes disqualified,
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Batchworth Parish Community Council Standing Orders
shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the council. h The Vice-Chairman of the Council, if any, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the council. i In an election year, if the current Chairman of the Council has not been re-elected as a member of the council, he shall preside at the meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but must give a casting vote in the case of an equality of votes. j In an election year, if the current Chairman of the Council has been re-elected as a member of the council, he shall preside at the meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and must give a casting vote in the case of an equality of votes. k Following the election of the Chairman of the Council and Vice-Chairman of the Council at the annual meeting of the council, the business of the annual meeting shall include:
i. In an election year, delivery by the Chairman of the Council and councillors of their acceptance of office forms unless the council resolves for this to be done at a later date. In a year which is not an election year, delivery by the Chairman of the Council of his acceptance of office form unless the council resolves for this to be done at a later date; ii. Confirmation of the accuracy of the minutes of the last meeting of the council; iii. Receipt of the minutes of the last meeting of a committee; iv. Consideration of the recommendations made by a committee; v. Review of delegation arrangements to committees, sub-committees, staff and other local authorities; vi. Review of the terms of reference for committees; vii. Appointment of members to existing committees; viii. Appointment of any new committees in accordance with standing order 4 above; ix. Review and adoption of appropriate standing orders and financial regulations; x. Review of arrangements, including any charters and agency agreements, with other local authorities and review of contributions made to expenditure incurred by other local authorities; xi. Review of representation on or work with external bodies and arrangements for reporting back; xii. In an election year, to make arrangements with a view to the council becoming eligible to exercise the general power of competence in the future;
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xiii. Review of inventory of land and assets including buildings and office equipment; xiv. Confirmation of arrangements for insurance cover in respect of all insured risks; xv. Review of the council’s and/or staff subscriptions to other bodies; xvi. Review of the council’s complaints procedure; xvii. Review of the council’s procedures for handling requests made under the Freedom of Information Act 2000 and the Data Protection Act 1998; xviii. Review of the council’s policy for dealing with the press/media; and xix. Determining the time and place of ordinary meetings of the full council up to and including the next annual meeting of full council.
6. Extraordinary meetings of the council and committees and sub-committees a The Chairman of the Council may convene an extraordinary meeting of the council at any time. b If the Chairman of the Council does not or refuses to call an extraordinary meeting of the council within seven days of having been requested in writing to do so by two councillors, any two councillors may convene an extraordinary meeting of the council. The public notice giving the time, place and agenda for such a meeting must be signed by the two councillors. c The chairman of a committee [or a sub-committee] may convene an extraordinary meeting of the committee [or the sub-committee] at any time. d If the chairman of a committee [or a sub-committee] does not or refuses to call an extraordinary meeting within seven days of having been requested by to do so by two members of the committee [or the sub-committee], any two members of the committee [and the sub-committee] may convene an extraordinary meeting of a committee [and a sub-committee].
7. Previous resolutions a A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least five councillors to be given to the Proper Officer in accordance with standing order 9 below, or by a motion moved in pursuance of the recommendation of a committee or a sub-committee.
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b When a motion moved pursuant to standing order 7(a) above has been disposed of, no similar motion may be moved within a further six months.
8. Voting on appointments a Where more than two persons have been nominated for a position to be filled by the council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exerciseable by the chairman of the meeting.
9. Motions for a meeting that require written notice to be given to the Proper Officer a A motion shall relate to the responsibilities of the meeting which it is tabled for and in any event shall relate to the performance of the council’s statutory functions, powers and obligations or an issue which specifically affects the council’s area or its residents. b No motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of its wording to the Proper Officer at least seven clear days before the meeting. Clear days do not include the day of the notice or the day of the meeting. c The Proper Officer may, before including a motion on the agenda received in accordance with standing order 9(b) above, correct obvious grammatical or typographical errors in the wording of the motion. d If the Proper Officer considers the wording of a motion received in accordance with standing order 9(b) above is not clear in meaning, the motion shall be rejected until the mover of the motion resubmits it in writing to the Proper Officer so that it can be understood at least five clear days before the meeting. e If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with the chairman of the forthcoming meeting or, as the case may be, the councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected. f Subject to standing order 9(e) above, the decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final. Page 12 of 22 Adopted: April 2017 November 2019 Review Date: May 2018 2020
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Batchworth Parish Community Council Standing Orders g Motions received shall be recorded in a book for that purpose and numbered in the order that they are received. h Motions rejected shall be recorded in a book for that purpose with an explanation by the Proper Officer for their rejection.
10. Motions at a meeting that do not require written notice a The following motions may be moved at a meeting without written notice to the Proper Officer; i. to correct an inaccuracy in the draft minutes of a meeting; ii. to move to a vote; iii. to defer consideration of a motion; iv. to refer a motion to a particular committee or sub-committee; v. to appoint a person to preside at a meeting; vi. to change the order of business on the agenda; vii. to proceed to the next business on the agenda; viii. to require a written report; ix. to appoint a committee or sub-committee and their members; x. to extend the time limits for speaking; xi. to exclude the press and public from a meeting in respect of confidential or sensitive information which is prejudicial to the public interest; xii. to not hear further from a councillor or a member of the public; xiii. to exclude a councillor or member of the public for disorderly conduct; xiv. to temporarily suspend the meeting; xv. to suspend a particular standing order (unless it reflects mandatory statutory requirements); xvi. to adjourn the meeting; or xvii. to close a meeting.
11. Handling confidential or sensitive information a The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential or sensitive information which for special reasons would not be in the public interest.
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b Councillors and staff shall not disclose confidential or sensitive information which for special reasons would not be in the public interest.
12. Draft minutes a If the draft minutes of a preceding meeting have been served on councillors with the agenda to attend the meeting at which they are due to be approved for accuracy, they shall be taken as read. b There shall be no discussion about the draft minutes of a preceding meeting except in relation to their accuracy. A motion to correct an inaccuracy in the draft minutes shall be moved in accordance with standing order 10(a)(i) above. c The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution and shall be signed by the chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate. d If the chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he shall sign the minutes and include a paragraph in the following terms or to the same effect: “The chairman of this meeting does not believe that the minutes of the meeting of Batchworth Parish Community Council held on [date] in respect of ( ) were a correct record but his view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.” e Upon a resolution which confirms the accuracy of the minutes of a meeting, the draft minutes or recordings of the meeting for which approved minutes exist shall be destroyed.
13. Code of conduct and dispensations
See also standing order 3(t) above. a All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the council. b Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has a disclosable pecuniary interest. He may return to the meeting after it has considered the matter in which he had the interest.
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c Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has another interest if so required by the council’s code of conduct. He may return to the meeting after it has considered the matter in which he had the interest. d Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible before the meeting, or failing that, at the start of the meeting for which the dispensation is required. e A decision as to whether to grant a dispensation shall be made by a meeting of the council, or committee or sub-committee for which the dispensation is required and that decision is final. f A dispensation request shall confirm: i. the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates; ii. whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote; iii. the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and iv. an explanation as to why the dispensation is sought. g Subject to standing orders 13(d) and (f) above, dispensations requests shall be considered at the beginning of the meeting of the council, or committee or a sub- committee for which the dispensation is required. h A dispensation may be granted in accordance with standing order 13(e) above if having regard to all relevant circumstances the following applies:
i. without the dispensation the number of persons prohibited from participating in the particular business would be so great a proportion of the meeting transacting the business as to impede the transaction of the business or ii. granting the dispensation is in the interests of persons living in the council’s area or iii. it is otherwise appropriate to grant a dispensation.
14. Code of conduct complaints a Upon notification by Three Rivers District Council that it is dealing with a complaint that a councillor or non-councillor with voting rights has breached the council’s code of
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conduct, the Proper Officer shall, subject to standing order 11 above, report this to the council. b Where the notification in standing order 14(a) above relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairman of Council of this fact, and the Chairman shall nominate another staff member to assume the duties of the Proper Officer in relation to the complaint until it has been determined [(England) and the council has agreed what action, if any, to take in accordance with standing order 14(d) below]. c The council may: i. provide information or evidence where such disclosure is necessary to progress an investigation of the complaint or is required by law; ii. seek information relevant to the complaint from the person or body with statutory responsibility for investigation of the matter; d Upon notification by Three Rivers District Council that a councillor or non- councillor with voting rights has breached the council’s code of conduct, the council shall consider what, if any, action to take against him. Such action excludes disqualification or suspension from office.
15. Proper Officer a The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated by the council to undertake the work of the Proper Officer when the Proper Officer is absent. b The Proper Officer shall: at least three clear days before a meeting of the council, a committee and a sub- committee serve on councillors a summons, by email, confirming the time, place and the agenda provided any such email contains the electronic signature and title of the Proper Officer. See standing order 3(b) above for the meaning of clear days for a meeting of a full council and standing order 3 (c) above for a meeting of a committee. i. give public notice of the time, place and agenda at least three clear days before a meeting of the council or a meeting of a committee or a sub- committee (provided that the public notice with agenda of an extraordinary meeting of the council convened by councillors is signed by them); See standing order 3(b) above for the meaning of clear days for a meeting of a full council and standing order 3(c) above for a meeting of a committee. ii. subject to standing order 9 above, include on the agenda all motions in the order
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received unless a councillor has given written notice at least four days before the meeting confirming his withdrawal of it; iii. convene a meeting of full council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office; iv. facilitate inspection of the minute book by local government electors; v. receive and retain copies of byelaws made by other local authorities; vi. retain acceptance of office forms from councillors; vii. retain a copy of every councillor’s register of interests; viii. assist with responding to requests made under the Freedom of Information Act 2000 and Data Protection Act 1998, in accordance with and subject to the council’s policies and procedures relating to the same; ix. receive and send general correspondence and notices on behalf of the council except where there is a resolution to the contrary; x. manage the organisation, storage of, access to and destruction of information held by the council in paper and electronic form; xi. arrange for legal deeds to be executed; See also standing order 22 below. xii. arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be made by the council in accordance with the council’s financial regulations; xiii. record every planning application notified to the council and the council’s response to the local planning authority in a book for such purpose; xiv. refer a planning application received by the council to the Chairman or in his absence the Vice-Chairman of the Council within two working days of receipt to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of the council; xv. manage access to information about the council via the publication scheme; and xvi. retain custody of the seal of the council (if any) which shall not be used without a resolution to that effect. See also standing order 22 below.
16. Responsible Financial Officer a The council shall appoint appropriate staff member(s) to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.
17. Accounts and accounting statements a “Proper practices” in standing orders refer to the most recent version of Governance and Accountability for Local Councils – a Practitioners’ Guide (England).
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b All payments by the council shall be authorised, approved and paid in accordance with the law, proper practices and the council’s financial regulations. c The Responsible Financial Officer shall supply to each councillor as soon as practicable after 30 June, 30 September and 31 December in each year a statement to summarise: i. the council’s receipts and payments for each quarter; ii. the council’s aggregate receipts and payments for the year to date; iii. the balances held at the end of the quarter being reported
and which includes a comparison with the budget for the financial year and highlights any actual or potential overspends. d As soon as possible after the financial year end at 31 March, the Responsible Financial Officer shall provide: i. each councillor with a statement summarising the council’s receipts and payments for the last quarter and the year to date for information; and ii. to the full council the accounting statements for the year in the form of Section 1 of the annual return, as required by proper practices, for consideration and approval. e The year-end accounting statements shall be prepared in accordance with proper practices and applying the form of accounts determined by the council (receipts and payments) for a year to 31 March. A completed draft annual return shall be presented to each councillor before the end of the following month of May. The annual return of the council, which is subject to external audit, including the annual governance statement, shall be presented to council for consideration and formal approval before 30 June.
18. Financial controls and procurement a The council shall consider and approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following: i. the keeping of accounting records and systems of internal controls; ii. the assessment and management of financial risks faced by the council; iii. the work of the independent internal auditor in accordance with proper practices and the receipt of regular reports from the internal auditor, which shall be required at least annually; iv. the inspection and copying by councillors and local electors of the council’s accounts and/or orders of payments; and Page 18 of 22 Adopted: April 2017 November 2019 Review Date: May 2018 2020
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v. procurement policies (subject to standing order 18(c) below) including the setting of values for different procedures where a contract has an estimated value of less than £60,000. b Financial regulations shall be reviewed regularly and at least annually for fitness of purpose. c Financial regulations shall confirm that a proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of £60,000 shall be procured on the basis of a formal tender as summarised in standing order 18(d) below. A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds in standing order 18(f) is subject to Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the Council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity unless it proposes to use an existing list of approved suppliers (framework agreement).
d Subject to additional requirements in the financial regulations of the council, the tender process for contracts for the supply of goods, materials, services or the execution of works shall include, as a minimum, the following steps: i. a specification for the goods, materials, services or the execution of works shall be drawn up; ii. an invitation to tender shall be drawn up to confirm (i) the council’s specification (ii) the time, date and address for the submission of tenders (iii) the date of the council’s written response to the tender and (iv) the prohibition on prospective contractors contacting councillors or staff to encourage or support their tender outside the prescribed process; iii. the invitation to tender shall be advertised in a local newspaper and in any other manner that is appropriate; iv. tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer; v. tenders shall be opened by the Proper Officer in the presence of at least one councillor after the deadline for submission of tenders has passed; vi. tenders are to be reported to and considered by the appropriate meeting of the council or a committee or sub-committee with delegated responsibility. e Neither the council, nor a committee or a sub-committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender. f Where the value of a contract is likely to exceed £138,893 (or other threshold specified by the Office of Government Commerce from time to time) the council must consider whether the Public Contracts Regulations 2006 (SI No. 5, as amended) and the Utilities Contracts Regulations 2006 (SI No. 6, as amended) apply to the contract and, if either of those Regulations apply, the council must comply with EU procurement rules. A Page 19 of 22 Adopted: April 2017 November 2019 Review Date: May 2018 2020
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Batchworth Parish Community Council Standing Orders public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £181,302 for a public service or supply contract or in excess of £4,551,413 for a public works contract (or other thresholds determined by the European Commission every two years and published in the Official Journal of the European Union (OJEU)) shall comply with the relevant procurement procedures and other requirements in the Public Contracts Regulations 2015 which include advertising the contract opportunity on the Contracts Finder website and in OJEU. g A public contract in connection with the supply of gas, heat, electricity, drinking water, transport services, or postal services to the public; or the provision of a port or airport; or the exploration for or extraction of gas, oil or solid fuel with an estimated value in excess of £363,424 for a supply, services or design contract; or in excess of £4,551,413 for a works contract; or £820,370 for a social and other specific services contract (or other thresholds determined by the European Commission every two years and published in OJEU) shall comply with the relevant procurement procedures and other requirements in the Utilities Contracts Regulations 2016. h Batchworth Parish Community Council shall make arrangements for the proper administration of its financial affairs.
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19. Handling staff matters a A matter personal to a member of staff that is being considered by a meeting of the staffing committee is subject to standing order 11 above. b Subject to the council’s policy regarding absences from work, the council’s most senior member of staff shall notify the chairman of the staffing committee or, if he is not available, the vice-chairman of the staffing committee of absence occasioned by illness or other reason and that person shall report such absence to the staffing committee at its next meeting. c The chairman of the staffing committee or in his absence, the vice-chairman, shall upon a resolution conduct a review of the performance and annual appraisal of the work of [the employee’s job title]. The reviews and appraisal shall be reported in writing and is subject to approval by resolution by the staffing committee. d Subject to the council’s policy regarding the handling of grievance matters, the council’s most senior employee (or other employees) shall contact the chairman of the staffing committee or in his absence, the vice-chairman of the staffing committee in respect of an informal or formal grievance matter, and this matter shall be reported back and progressed by resolution of the staffing committee. e Subject to the council’s policy regarding the handling of grievance matters, if an informal or formal grievance matter raised by [the employee’s job title] relates to the chairman or vice-chairman of the staffing committee, this shall be communicated to another member of the staffing committee, which shall be reported back and progressed by resolution of the staffing committee. f Any persons responsible for all or part of the management of staff shall treat the written records of all meetings relating to their performance, capabilities, grievance or disciplinary matters as confidential and secure. g The council shall keep all written records relating to employees secure. All paper records shall be secured and locked and electronic records shall be password protected and encrypted. h Only persons with line management responsibilities shall have access to staff records referred to in standing orders 19(f) and (g) above if so justified. i Access and means of access by keys and/or computer passwords to records of employment referred to in standing orders 19(f) and (g) above shall be provided only to
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post holder and/or the Chairman of the staffing committee.
20. Requests for information a Requests for information held by the council shall be handled in accordance with the council’s policy in respect of handling requests under the Freedom of Information Act 2000 and the Data Protection Act 1998. b Correspondence from, and notices served by, the Information Commissioner shall be referred by the Proper Officer to the chairman of the council. The said committee shall have the power to do anything to facilitate compliance with the Freedom of Information Act 2000.
21. Relations with the press/media a Requests from the press or other media for an oral or written comment or statement from the Council, its councillors or staff shall be handled in accordance with the Council’s policy in respect of dealing with the press and/or other media.
22. Execution and sealing of legal deeds
See also standing orders 15(b)(xii) and (xvii) above. a A legal deed shall not be executed on behalf of the council unless authorised by a resolution. b Subject to standing order 22(a) above, any two councillors may sign, on behalf of the council, any deed required by law and the Proper Officer shall witness their signatures. The above is applicable to a council without a common seal.
23. Communicating with District and County councillors a An invitation to attend a meeting of the council shall be sent, together with the agenda,
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to the ward councillor(s) of Three Rivers District Council and Hertfordshire County Council representing the area of the council. b Unless the council determines otherwise, a copy of each letter sent to Three Rivers District Council and Hertfordshire County Council shall be sent to the ward councillor(s) representing the area of the council.
24. Restrictions on councillor activities a. Unless authorised by a resolution, no councillor shall: i. inspect any land and/or premises which the council has a right or duty to inspect; or ii. issue orders, instructions or directions.
25. Standing orders generally a All or part of a standing order, except one that incorporates mandatory statutory requirements, may be suspended by resolution in relation to the consideration of an item on the agenda for a meeting. b A motion to add to or vary or revoke one or more of the council’s standing orders, except one that incorporates mandatory statutory requirements, shall be proposed by a special motion, the written notice by at least two councillors to be given to the Proper Officer in accordance with standing order 9 above. c The Proper Officer shall provide a copy of the council’s standing orders to a councillor as soon as possible after he has delivered his acceptance of office form. d The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.
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SCHEME OF DELEGATION
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CONTENTS
Page (s)
1 Discharge of the Scheme 3
2 Principles of Delegation 3
3 Authority to Act 3
4 Conflicts of Interests 4
5 Council Reserved Powers 4
6 Delegation to Committees - Safeguards 5
7 Delegation to Committees 4-5
7.1 Finance Committee 4 7.2 Staffing Committee 5 7.3 Planning Committee 5
8 Delegation to Officers
(a) Parish Clerk 5-7 (b) Responsible Financial Officer 7
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1. DISCHARGE OF THE SCHEME
1.1 This Scheme of Delegation forms part of the Council’s Financial Regulations and Standing Orders and will be reviewed at least every two years and when there are staffing changes.
1.2 Those with delegated responsibility are referred to by job title, e.g. Parish Clerk to the Council.
1.3 One of the purposes of the document is to clearly define the parameters within which Officers of the Council are able to act without reference to Councillors. Where consultation with others is a requirement of the ability to act it is clearly set out with whom that consultation should take place.
1.4 Any deviation from this scheme should be reported to Council at the earliest opportunity with an explanation of the circumstances in which the breach occurred.
1.5 The other purpose of the document is to capture the various delegated powers throughout the Council, including those delegated by the Council to its committees. This element of the scheme incorporates the Terms of Reference of the committees.
2. PRINCIPLES OF DELEGATION
2.1 Section 101 of the Local Government Act 1972 provides:
• That a Council may delegate its powers (except those incapable of delegation) to a committee; or an officer.
• A Committee may delegate its powers to an officer.
• The delegating body may exercise Powers that have been delegated.
2.2 Any delegation to a Committee or the Proper Officer shall be exercised in compliance with the Council’s Standing Orders, any other policies or conditions imposed by the Council and with the law.
2.3 In an emergency the Proper Officer is empowered to carry out any function of the Council.
2.4 Where the Parish Clerk to the Council is contemplating any action under delegated powers, which is likely to have a significant impact in a particular area, they should also consult the Chairman of the Council and must ensure that they obtain appropriate legal, financial and other specialist advice before action is taken.
3. Authority to Act
3.1 It will be appropriate for the Parish Clerk to the Council to refer a matter to the Council where the determination of the matter is likely to be particularly controversial or raises issues of policy which it would be appropriate for councillors to determine; or could, by its scale or complexity expose the Council to major corporate risk.
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3.2 The Parish Clerk to the Council and Committees have the responsibility to act within the Councils approved policies, procedures and framework and within the law in conjunction with this delegated scheme.
4 CONFLICTS OF INTEREST
4.1 Under the Local Government Act 1972, section 117 the Parish Clerk to the Council must make a formal declaration about council contracts where they have a financial interest.
4.2 Where the Parish Clerk to the Council has a conflict of interest in any matter, he/she shall not participate in that matter unless approved by the Council and this is formally recorded in the Council minutes.
5 COUNCIL RESERVED POWERS
5.1 The following matters are only to be resolved by the full Council: • Appointment of the Parish Clerk to the Council /Responsible Financial Officer and other council officers following a recommendation from the Staffing Committee • To adopt and change the Standing Orders, Financial Regulations, Scheme of Delegation and other Council policies • To approve and adopt the Policy Framework. • To approve and adopt the Budget. • To agree and/or amend the terms of reference for Committees • To adopt the schedule of meetings for the ensuing year. • To determine matters involving expenditure for which budget provision is not made or is exceeded. • To set the Precept. • To make byelaws. • To borrow money. • To annually approve the statutory annual return • To approve eligibility for the General Power of Competence
6 DELEGATION TO COMMITTEES - SAFEGUARDS
6.1 The Council may, at any time without prejudice to executive action taken already, revoke any executive power delegated to a Committee or Officer.
7 DELEGATION TO COMMITTEES
7.1 Finance Committee Membership: Five Parish Councillors Quorum: Three Parish Councillors Meetings: Once every month The Committee shall elect a Vice-Chairman
Terms of Reference The Finance Committee will be responsible for managing the Council’s financial resources and monitoring the Council’s income and expenditure; considering and recommending strategy and action on policy and operational matters concerned with Council’s finances, property and resources. The Finance Committee will have Approved: April 2017 November 2019 4 Review Date: May 2018 2020 41 no authority to spend money but will advise the Council and make recommendations on the following areas: 1) regulate, manage and control the finance and resources of the Council, including: investments; loans; grants; value for money; long term plans and strategy 2) monitor the financial performance of the Council’s budgets against estimates 3) consider the annual estimates of income and expenditure and recommend to Council the precept to be levied on the Three Rivers District Council for approval. 4) ensure adequate systems of financial control are in place to utilise and protect the Council’s finances and assets – to include insurance of buildings and property and maintenance of an asset register. 5) review and amend the Council’s Financial Regulations annually and to ensure that the Council is observing the regulations 6) monitor and effect compliance with laid down internal and external audit and other financial procedures, regulations and statutes. 7) monitor the Council’s financial risk assessments and recommend changes where necessary. 8) recommend the annual accounts to the Council for approval 9) All powers shall be exercised in accordance with any Standing Orders, policy adopted, or directions given by Batchworth Community Council.
7.2 Staffing Committee
Membership: Three Five Parish Councillors Quorum: Three Parish Councillors Meetings: Once every six months and outside those meetings as required to ensure that Batchworth Parish Council complies with the requirements of employment law and follows best practice in providing good working conditions for staff The Committee shall elect a Vice-Chairman
Terms of Reference: The Staffing Committee will be responsible for the following: 1) Recruitment of Parish Clerk to the Council / Responsible Financial Officer and other staff as required 2) Recruitment and selection procedures 3) Annual staff appraisal and development 4) Review of staff contracts, grievance and discipline policies every two years 5) Review of staff and accommodation requirements 6) Management of rights relating to leave, time off and illness 7) To ensure that the Clerk has everything required for managing other staff 8) To ensure the health and safety of all staff and carry out risk assessments 9) To keep up to date with developments in employment law 10) The Staffing Committee will serve as the disciplinary or grievance panel 11) To agree the members to sit on an appeals panel to hear appeals against a decision on a grievance
7.3 Planning Committee
Membership: Three Five Parish Councillors Quorum: Three Parish Councillors Approved: April 2017 November 2019 5 Review Date: May 2018 2020 42 Meetings: Once every four weeks The Committee shall appoint a Vice-Chairman
Terms of Reference: The Planning Committee will be responsible for the following: 1) Considering and making observations on planning applications within the Council area and subject to consultation by the relevant planning authority; 2) Monitoring planning decisions made by the planning authority; 3) Making representations on planning enforcement matters; and 4) Making representations, as appropriate, on planning appeals.
7.4 COMPLAINTS COMMITTEE Membership: Six Parish Councillors Quorum: Three Parish Councillors Meetings: As required when required to ensure that Batchworth Parish Council deals with complaints in an efficient and timely manner
Terms of Reference: The Complaints Committee will be responsible for the following: 5) To agree three members to complete an investigation on receipt of a formal complaint to the Council 6) To carry out an investigation into the contents of the complaint 7) To hold a formal hearing to review the complaint 8) To make a recommendation to the Full Council on the complaint 9) To agree the members to sit on an appeals panel to hear appeals against a decision on a complaint 10) To make a recommendation to the Full Council on the appeal
8 DELEGATION TO PARISH CLERK TO THE COUNCIL
(a) Parish Clerk to the Council
1. The Parish Clerk to the Council is designated and authorised to act as the Proper Officer for the purposes of all relevant sections of the Local Government Act 1972 and any other stature requiring the designation of a proper officer.
2. In the case of an emergency, the Clerk shall have the power to take reasonable steps to secure the Council’s assets or position, following consultation with the Chairman (if practicable in the circumstances).
3. The Clerk will have the authority to dispose of the Councils assets (excluding land and building assets) subject to the estimated value of any one tangible; moveable item does not exceed £500. The Clerk is responsible for ensuring any disposal details including the disposal values are recorded in the assets register.
Approved: April 2017 November 2019 6 Review Date: May 2018 2020 43
4. Power to authorise relevant training courses provided the expense can be met from approved budgets having taken into account the training needs of the employees.
5. The Clerk is the manager for all staff employed by the Council and is given delegated powers to manage the council staff in accordance with the Council’s policies, procedures and budget
6. The authority to sanction and authorise payment of overtime so long as the costs can be contained within the parameters of the approved budget. The Clerk shall have the authority to engage casual workers subject to budget and the Clerk shall consult with the Staffing Committee members when such work is to be sanctioned.
7. Power to act immediately on all Health and Safety or emergency issues without waiting for endorsement by the full Council
8. As Proper Officer, to sign all documents on behalf of the Council including the Summons to Elected Members to attend Council Meetings in accordance with paragraph 4 and Schedule 12 of the Local Government Act, 1972
9. To sign and publish the annual public notice that the Audit of Accounts is to take place and has taken place.
10. To receive members’ acceptance of declarations of interest and their appointment as a Councillor.
11. Power to release press statements on any activities of the Council subject to prior consultation with the Chairman
12. Power to act on own initiative to implement the Councils policies and objectives.
13. Power to take appropriate steps to ensure the Council does not exceed its powers.
14. Power to manage all the Council’s facilities and resources in accordance with the Council’s policies.
15. In liaison and after conferring with the Chairman, to make such Civic arrangements as are necessary.
16. The Proper Officer shall have authority to issue written authorisation to individual officers to act as the Council’s authorised officers in the performance of their statutory or other duties.
17. The Proper Officer shall be responsible for signing all the Council’s Official Notices as set out in the Standing Orders.
Approved: April 2017 November 2019 7 Review Date: May 2018 2020 44
18. As Proper Officer/Responsible Financial Officer, the Clerk may incur expenditure on revenue items on behalf of the Council up to the amounts included in the approved budget.
19. The Parish Clerk to the Council, in consultation with Councillors, to make comment on planning applications submitted to Batchworth Parish Council by Three Rivers District Council within the statutory 21 day consultation period if the deadline is before the next Council meeting.
(b) Responsible Financial Officer
1. The Responsible Financial Officer will be responsible for all financial records of the Council and the careful administration of its finances and accounting procedures in accordance with the Accounts and Audit Regulations in force at any given time and with the policies and procedures set by the Council and within the law.
2. The Responsible Financial Officer will have the power to release any financial related report or document to the Council in discharge of the Responsible Financial Officer responsibilities.
3. The Responsible Financial Officer shall ensure the approved precept request is issued to the billing authority.
Approved: April 2017 November 2019 8 Review Date: May 2018 2020 45
Basing House, 46 High Street, Rickmansworth WD3 1HP [email protected] 01923 590201
Revised Calendar of Meetings for 2019/20
FULL COUNCIL PLANNING COMMITTEE All Full Council meetings are held Held on Mondays, commencing at on Mondays, commencing at 7pm 10.30am in Rm 10, Basing House. and are held in the William Penn 2019 Room, Basing House, 46 High Street, Rickmansworth November 11th 2019 December 9th November 4th 2020 2020 January 6th January 13th February 3rd March 9th March 2nd March 30th FINANCE COMMITTEE April 27th
Held on Fridays, commencing at 10.30am in Rm 10, Basing House. STAFFING COMMITTEE 2019 Held on Mondays, commencing at November 1st 10.30am in Rm 10, Basing House. December 6th 2019 2020 October 21st January 3rd 2020 February 7th April 20th March 6th April 3rd May 1st
46
Basing House, 46 High Street, Rickmansworth WD3 1HP [email protected] 01923 590201
Calendar of Meetings for 2020/21
FULL COUNCIL FINANCE COMMITTEE All Full Council meetings are held Held on Fridays, commencing at on Mondays, commencing at 7pm 10.30am in Rm 10, Basing House. and are held in the William Penn 2020 Room, Basing House, 46 High Street, Rickmansworth June 5th 2020 July 3rd th May 11th – Annual Meeting of Council August 7 July 6th September 4th September 7th October 2nd November 2nd November 6th 2021 December 4th January 11th 2021 March 1st January 8th February 5th ANNUAL MEETING OF March 5th ELECTORS April 9th 2020 May 2nd May 18th (Monday 7pm)
BCC Calendar of Meetings 2020/21 Page 1 of 2 47
PLANNING COMMITTEE STAFFING COMMITTEE Held on Mondays, commencing at Held on Mondays, commencing at 10.30am in Rm 10, Basing House. 10.30am in Rm 10, Basing House. 2020 2020 May 18th October 19th June 15th 2021 July 13th April 19th August 10th September 7th October 5th November 2nd November 30th December 21st 2021 January 18th February 15th March 15th April 12th
BCC Calendar of Meetings 2020/21 Page 2 of 2 48 Oxhey Playing Fields Watersmeet – Works to replace and redesign the Budget agreed. Refurbishment of upper layout of the public toilets in the upper Commencement & foyer toilets foyer to allow an additional cubicle in Completion the ladies toilet Watersmeet – Replace the fixed cinema screen with Subject to successful PID Replacement of cinema a roller screen that can be rigged - Commencement and screen down stage to allow films to be shown Completion over the top of other events Watersmeet – Replace the hot water pipework and Subject to successful PID Replacement of the hot outlets (sinks) to improve the quality - Commencement and water pipework of the water supply and facilities Completion
Health and Wellbeing Funds Projects Project title Proposed outcome TRDC Budget 2019/20 2020/21 2021/22 Eastbury Outdoor To install an outdoor gym £8,250 Commencement and N/A N/A Gym (capital) within Eastbury Recreation Completion £16,500 Ground, subject to Batchworth Batchworth Community Council committing Community Council 50% of the total project cost Primrose Hill Play Refurbishment of Primrose Hill £11,750 (2019/20) Commencement Delivery and N/A Area Refurbishment play area – subject to £11,750 (2020/21) (consultation) completion (capital) confirmation of support funding £15,000 (S106 Funding) £100,000 from Abbots Langley Parish TOTAL: £38,500 Abbots Langley Council (£61,500). Parish Council Leisure Activities with To deliver leisure activities for £6,500 Delivery and Review a focus on mental people suffering from mental health (revenue) health – including Arts on Prescription Leisure Activities To deliver leisure activities £6,500 Delivery and Review focused on increasing aimed at increasing physical physical activity activity levels levels (revenue)
8 49 REPORT ON WORKING GROUP MEETING
To consider: Past, present and future Community Projects and Engagement (CP&E) in Rickmansworth Town.
Date: Monday 28th October 2019
Attendees: Cllr Diana Barber, Cllr Emma Brading, Cllr Paul Dawson Cllr Peter Loader, Cllr Francois Neckar, Louise Steele (Clerk)
Strategy Strategies agreed at working group meeting 01/07/2019: a. To buy or manage assets for the benefit of the community and nature. b. To encourage more people to spend more time in Rickmansworth Town Centre. c. To encourage more people to spend more time in open spaces.
Past expenditure It was noted that 2018/19 expenditure for CP&E included: ● Union Jack flags ● BT phone box ● Poppy wreath ● Crocus bulbs ● Remembrance flags ● Noticeboard ● High street funding bid ● Defibrillator
Current projects Progress report from July 2019 includes: ● BT Phone box ○ It was noted that refurbishment is currently taking place organised by Nina Hosking ○ There was some enthusiasm to invite to art groups, schools, brownies / scouts etc to exhibit artwork ○ A suggested action was to approach these local groups and gauge enthusiasm for involvement ○ We would need to confirm planning permission status and if insurance was required ○ The cost to the council would be fairly low.
● Additional CCTV camera for Rickmansworth ○ It was noted that a CCTV camera has been installed (likely by TRDC) so therefore should be removed from the projects list. ● Northway Triangle ○ It was noted that there has been a long-running history of ownership and maintenance of this site ○ It was suggested that a meeting with district, county councillors and officers be set up to progress this matter of ownership and responsibility ○ The pros of acquiring ownership of this land included: it could be designated as a local wildlife area, set up a ‘friends of’ group, showcase it as an example of how to create wildlife spaces in urban areas, make more use of the space as picnic / lunch area.
50 ○ It would also link into the Rickmansworth Walking and Cycling project ○ The cons of acquiring ownership of this land included: ongoing mainatainace costs and potential issues with planning conditions. ● The Bury Gardens ○ It was noted that Nina Hosking prepared a report for restoring the gardens in line with its historical context and to provide a space for community events ○ Louise advised that a bandstand would cost in the region of £80k ○ It was agreed that Bury Gardens has been identified as key project within the Neighbourhood Plan and due to the scale of the project it would be more appropriate if this was looked at in context of the Neighbourhood Plan. ● Festive Lighting Schemes ○ It was noted that we are in year 2 of a 3 year contract. Council have approved funding cabling installation for the ‘Library Tree’ which will be taken off the licence, for now, to ensure there is no hold-up with the switch on. It can be added at a later date once cabling works are complete. ○ An energy agreement has been reached with NPower. ● Great British Spring Clean ○ It was noted that nothing has been progressed with this so should be removed from the projects list.
Possible future projects ● Noticeboards for Moor Park and Eastbury ○ It was noted that the Ricky noticeboard cost in the region of £4000 ○ It was noted that utilising TRDC notice boards was an option. ● Tree planting ○ Cllr Brading presented examples of sites of grassy areas, such as Townfield Roundabout (likely HCC land) and a field to the east of the path from the Uxbridge Road entrance to the Aquadrome (likely owned by Affinity Water and managed by TRDC), with many other possible locations in mind ○ There are areas which already have ‘community organisers’, residents that would be willing to get involved with the planting and possibly becoming tree guardians. ○ It was noted that St Mary’s church intend to celebrate their 750 year anniversary by planting 750 trees ○ It was noted that Chalfont St Peter Instigated a campaign to plant 100 new trees in the village by 2020 with the aim of making it a healthier place to live. Areas targeted for the first new trees include those most likely to be affected by building and HS2 traffic. The total cost is estimated at £25,000 and the council has made a call for donations and sponsorship. By May 2016 the first 20 trees had been planted thanks to sponsorship from local businesses. The council were also successful in recruiting volunteer tree guardians to ensure that the young trees receive enough water to survive ○ Cllr Brading agreed to set up a tree planting working group and produce a feasibility study to identify sites, landowners, community volunteers and costings for the project ○ Louise advised that under Section 115 we could get an agreement to plant and maintain trees for 10 years which would then get absolved into highways control. But maintenance costs should be considered. ● Idling action campaign ○ Cllr Brading presented the issue of idling engines which cause air pollution (something which is illegal) ○ The campaign has been adopted by other local authorities ○ The primary objective would be to reduce car engine idling around schools or outside shops
51 ○ A proposal was presented for installing signs on existing highways infrastructure and school property. ● Refurbishment of Aquadrome toilets ○ Cllr Barber suggested that these facilities could be refurbished. ● Bins ○ It was suggested that there were a few locations for additional dog bins to be installed in the Aqudadrome and near Northway Triangle (landowner Affinity Water but managed by TRDC) ○ Would need to consider a contract possibly with TRDC to empty them. ● Community toilets ○ It was noted that there are limited facilities for community toilets in the town. These included Three River House, Cafe Nero, Mencap and The Pensilvynian pub ○ It was noted these were not ideal and more business could be persuaded to get involved with the scheme and should have window posters to inform the public. ● Public Realm project ○ It was suggested by Louise that we could look at preparing a ‘Public Realm Study’ to set objectives for projects within the area. ● Community Centre ○ Louise advised that the council may wish to adopt a policy to set out the objective of finding a community centre, which could help in the future if buildings come up for sale. ○ Cllr Neckar agreed to produce specification requirements for a community centre. ● Walking and cycling route in Rickmansworth ○ Cllr Loader’s report on setting up a Transport Working Group is to be discussed at the next full council meeting ○ This would encourage representatives from MP&E to look at transport projects across both wards, including access to the Withey Beds nature reserve. ● Environmental grants for schools ○ It was suggested to promote and offer small grants for schools for tree planting, allotments and wildlife areas ○ It would require an amendment to council grant policy to include schools. ● Incentivising participation in Neighbourhood Plan consultation events ○ Cllr Brading suggested a budget needed to be in place for consultation events, such as venture hire, the printing of display boards, organisation and staffing (by Troy or others) ○ Cllr Brading proposed the idea of incentivising participation with the goal of achieving engagement from a demographic representative of the whole parish ○ Incentivisation could be in the form of vouchers for local businesses, prizes etc. ● Beautification of high street ○ It was suggested that we may like to install flowers baskets and trees in pots ○ Some hurdles regarding location and safety issues which would need more consideration.
Action points from the meeting: ● For Cllr Loader to present a report proposing for the creation of a Transport working group. ● For Cllr Brading to present a report proposing for the creation of a Tree Planting working group. ● For Cllr Neckar to present a report detailing out the specification for a community centre with the intention to adopt this into council policy.
Recommendations to council: To approve the appointment of individual portfolio holders (possible for November meeting). ● ● To consider and approve the reports produced by individual members (possible for January meeting).
52
GENERAL POWER OF COMPETENCE
1. BACKGROUND:
1.1 Parish, community and town councils are corporate bodies that have accumulated powers through legislation since 1894. Their powers were constrained to specific and appropriate legislation. This means that before undertaking anything, members must be satisfied that a parish council has the power (under a specified statute) to undertake that activity.
1.2 Parish councils have many specific powers (e.g. the provision of open spaces and recreational facilities) in addition to section 137 of the Local Government Act 1972, permitting the expenditure up to certain limits for “purposes not otherwise authorised”. Typically, the expenditure on grants and sponsorship is covered by section 137 of the Local Government Act, 1972.
1.3 Despite the wide range of powers, parish councils are always at risk of being challenged, especially if they undertake an unusual activity.
1.4 In consequence, the Government introduced the “general power of competence” for town and parish councils. The power is set out in the Localism Act 2011 (Part 1, Chapter 1, ss 1-8) and was brought into force by SI 965 The Parish Councils (General Power of Competence) (Prescribed Conditions) Order 2012 in April 2012.
2. LEGISLATIVE BACKGROUND:
2.1 The intention of the legislation is that eligible local authorities will no longer have to identify specific powers to undertake an activity. As a result, the risk of legal challenge will be reduced. It is stated in SI 965 that:
“The Government’s intention in providing eligible parish councils with the general power of competency is to better enable them to take on their enhanced role and allow them to do things they have previously been unable to do under existing powers”.
2.2 Under the legislation, eligible parish councils have “the power to do anything that individuals generally may do” as long as they do not break other laws. It is intended to be the power of first, not last, resort. The eligible council has to ask itself if an individual is allowed to do it. If the answer is “yes”, then a parish council is normally permitted to act in the same way.
3. TYPES OF ACTIVITIES:
3.1 Although the Government has given scant guidance on operation of the power, some activities covered by the legislation include:
• Running a community shop or post office • Lending or investing money • Establishing a company or co-operative society to trade and engage in commercial activity • Establishing a company to provide services such as local transport • Providing grants to individuals.
3.2 The power is not restricted to use within the parish - an eligible parish council can use it anywhere.
53 4. RESTRICTIONS AND RISKS:
4.1 The only real limitation is that the general power of competence cannot be used to circumvent an existing restriction in an existing specific power. The general power of competence is a power; it cannot be used to raise the precept.
4.2 Existing duties remain in place, such as having regard to the likely effect on crime/disorder and biodiversity. There are also many existing procedural and financial duties that remain in place for the regulation of governance (e.g. no delegation to a single councillor). Furthermore, councils must comply with relevant existing legislation (e.g. employment law, health and safety, equality legislation and duties relating to data protection and freedom of information).
4.3 If another council has a statutory duty to provide a service (e.g. education, social service, highways, footpaths, rights of way), it remains their duty to provide it. Nonetheless, eligible parish councils may assist. The eligible parish council would need to ask itself whether an individual, private company or community trust could help. If the answer is “yes”, the parish council can assist.
4.4 Whist councils are encouraged to be innovative, they should be aware of the risks of:
• Being challenged • Their trading activities damaging other local enterprises • Damage to the council’s reputation and public money if a project or investment goes wrong.
5. LOCAL GOVERNMENT ACT 1972 (s137):
5.1 Expenditure under the Local Government Act (s137) is limited and has to be budgeted for separately. Expenditure is restricted in that it cannot be used to give money to individuals and the amounts must be commensurate with the benefit. Section 137 is a power of last resort.
5.2 A council that is eligible to use the general power of competence can no longer use Section 137 as a power for taking action for the benefit of the area. However, Section 137 (3) which permits the council to contribute to UK charities, public sector funds and public appeals remains in place.
6. ELIGIBILITY:
6.1 The three conditions for eligibility are set out in the Statutory Instrument (paragraph 1.4 above) as follows:
1. Resolution: the council must resolve at a meeting that it meets the criteria for eligibility relating to the electoral mandate and relevant training of the clerk. 2. Electoral mandate: at the time the resolution is passed, at least two thirds of the council must hold office as a result of being declared elected (i.e. not co-opted). 3. Qualified clerk: At the time that the resolution is passed, the clerk must hold a recognised professional qualification (e.g. Certificate in Local Council Administration, Certificate of Higher Education in Local Policy) AND pass the 2012 CiLCA module relating to the general power of competence.
6.2 Having decided at a full meeting of the council that it meets the criteria for eligibility at that particular time, a resolution to this effect must be clearly written in the minutes. The council is then required to revisit that decision and make a new resolution at every ‘relevant’ annual
54 meeting of the council to confirm that it still meets the criteria (if it does). A ‘relevant’ annual meeting is the annual meeting of the council after the next ordinary election has taken place.
6.3 In consequence, eligibility remains in place until the ‘relevant’ annual meeting even if the conditions of the eligibility criteria have changed. If the council loses its qualified clerk or has insufficient elected councillors it must also record its ineligibility at the next ‘relevant’ meeting.
6.4 There is no requirement for members to be trained in the general power of competence.
6.5 Batchworth Community Council satisfies all the conditions as:
1. 100% of councillors are elected 2. The Parish Clerk holds the Certificate in Local Council Administration (CiLCA) 3. The Parish Clerk has passed the CiLCA module on the general power of competence.
RECOMMENDATION
It is recommended that the Council makes the following resolution:
The Batchworth Council resolves from 4 November 2019, until the next relevant Annual Meeting of the Council (May 2023), that having met the conditions of eligibility as defined in the Localism Act 2011 and SI 965 The Parish Councils (General Power of Competence)(Prescribed Conditions) Order 2012, to adopt the General Power of Competence.
55 Clerk's Priorities
These short, medium and long term tasks may, of course, run in parallel. Please feel free to liaise with Councillors, as needed. Please add to Oct Clerks Priorities, in Order of Importance 7th agenda if any voting/decisions are required Commencing Friday 27th September 2019 by BCC
TASK TIMELINE Staffing Cttee NOTES Progress Locum Clerk's Comments Note that the requirement to Customarily papers and Clerk may liaise with BCC vice Chair Paul to agree circulate the agenda on the Agenda complete & agenda are circulated on the agenda items. If Scribe can generate a finance report Wednesday before the Finalise agenda for BCC meeting of 7th Oct ✓ dispatched Wed 2 Wednesday before the please include in papers or circulate on 7th Oct. meeting is a legal October 2019 meeting i.e. EOB 2nd Oct. Payment schedule used to be included in papers. requirement (not just a custom) LGA 1972 s 243
Signatories for approval are Francois and Alan. On 7th All payments up to Oct committee Chair & vice Chairs may need to be date by 15 October. elected. Signatories to be either BCC Chair + Finance Payments since 15 Need to clarify systems for Chair or Finance Chair + viceChair. If invoice timelines Check correspondence for any invoices to be paid As per invoice ✓ October prepared demonstrating that payments allow, signatures can be obtained before the meeting for authorisation by are approved on 7th Oct. Nigel is the only councillor who can input Finance Committee invoices currently (please retain this for times when on 1 November clerk is unavailable).
21 October - completed (with 3 signatories) form to amend account to allow Locum Clerk Note that the Chairmanship of ASAP. Please note that Chairs access to the the Finance Committee has Access to Unity Bank account to be transferred to Clerk. (& vice Chairs?) of council and account and changed since this action was Also upload signed form for Chair of Finance Cttee to committees (Finance, Staffing) Please permit full view and upload accordingly. uploaded it to Unity written and the current be permited full view of Unity banking to be agreed on 7th Oct Bank - Unity Bank Chairman has full access to meeting. have indicated that the bank account. this has been processed - the Locum Clerk is awaiting log-in details
Emailed CCLA on 30 No one apart from previous clerk can access. Please set October to ask for Bank CCLA ASAP up to permit clerk (yourself) + two others (Chair & vice information on how Chair of Finance Cttee) to have access. to change the mandate
Page 1 of 4 Updated by LPS 30/10/2019 56 Clerk's Priorities
These short, medium and long term tasks may, of course, run in parallel. Please feel free to liaise with Councillors, as needed. Please add to Oct Clerks Priorities, in Order of Importance 7th agenda if any voting/decisions are required Commencing Friday 27th September 2019 by BCC
TASK TIMELINE Staffing Cttee NOTES Progress Locum Clerk's Comments Provider: We have a 3 year contract with Lamps & Energy supply Tubes. For overall license please liaise with Emma who agreement submitted it on 24 Sept19. An energy usage license obtained. Ringway Problem with Rickmansworth needs to be applied for. Emails and documenation of Urgent as there has already licence agreed and Switch-On - Contractor fully Xmas street lighting for Rickmansworth and Eastbury work done so far will be forwarded to Clerk. Clerk been a delay awaited. Consent re booked night of 29 requested to liase with Francois for Eastbury lights and Eastbury Rec to be November. with Emma/Paul for Rickmansworth lights. Eastbury obtained from will use last years providers of mulled wine, mince pies, TRDC sound system etc.
Distributer booked for Moor Park & 2-3 weeks before switch on on Distributer to be booked. Please provide draft of leaflet Xmas switch on event leaflet to homes Eastbury. Draft 28th Nov to Ward councillors for check. leaflet still to be circulated to Cllrs
System complete & reconciled to 31 August by 2 October; complete Bring finance system Scribe up to date with payments When familiar with this Scribe system, please spend 1 & reconciled to 30 made and provide complete breakdown information to hour with Finance Chair/viceChair and Francois to ASAP September by 7 Finance Cttee. Please reconcile bank accounts with explain the systems abilities to them. If possible by October. By Full Scribe 22nd Oct. Council on 4 November it should be reconciled to 31 October
External audit These accounts were finalised report and action before I arrived - the AGAR Please liaise with Francois regarding an issue he has 2018-2019 BCC accounts ✓ plan agreed by Full was completed, internally with these accounts before they are finally finalised Council on 7 audited, agreed by Full October Council and externally audited Liaison: Alan. The office is rented through Wimbletec. Office telephone systems set up + mobile ASAP Key contact is: Kieran Nagi 07734461825 Action outstanding [email protected]
Page 2 of 4 Updated by LPS 30/10/2019 57 Clerk's Priorities
These short, medium and long term tasks may, of course, run in parallel. Please feel free to liaise with Councillors, as needed. Please add to Oct Clerks Priorities, in Order of Importance 7th agenda if any voting/decisions are required Commencing Friday 27th September 2019 by BCC
TASK TIMELINE Staffing Cttee NOTES Progress Locum Clerk's Comments Some progress Office 365 support is contracted to Amazing Support. made using Alan can provide an update on communications with Microsoft Teams - them.The One Drive was a repository of documents but the documents available for access to councillors, however, all are not universally Councillors shared drive information documents were removed from this drive. Please accessible to reinstate access to documents for councillors and Councillors - provide instruction to councillors. Note, that another assume this is option is that access is through website with login for because some do councillors. not have Windows 10 OS TRDC have confirmed taxbase Ask TRDC how many household are in BCC area so that Dec2019/Jan2020 Tax base change from previous year needed figures for 2020/21 precept calculations for next year can be made will be available December 2019 Approached PennInk are provider. As needed and ongoing. Liason: PennInk for access Website upgrade and update Emma. Previously the website has been said to be not to the site 30 fit for purpose. Your guidance would be most useful. October 2019 There are said to be 19 halls in Rickmansworth. Are they all fully used? Is there an opportunity to rent from Baptist Church or British Legion for example? Might This is a long term project Need a resolution from CIL project: rent or buy a community hall in there be an office within the community hall area that which would be a big plus to Council before I can progress Rickmansworth might be cheaper than our current office? Should BCC report to residents. this matter obtain very low interest government loan for this hall? The MP&E Ward residents have no community hall. For tax benefits the BCC hall can be located in either ward. Forecast. As CIL monies should mitigate specific How much CIL / Section 106 is due and when? developments, please provide split between the two Action outstanding Wards. We may need a brainstorm session to find positives to Newsletter Action outstanding report Once you have a handle on the fundamentals for this The Clerks Progress Report may give you an indication office, other items to be progressed can be discussed - of future things to be done. These can be prioritised in due course. after discussion.
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These short, medium and long term tasks may, of course, run in parallel. Please feel free to liaise with Councillors, as needed. Please add to Oct Clerks Priorities, in Order of Importance 7th agenda if any voting/decisions are required Commencing Friday 27th September 2019 by BCC
TASK TIMELINE Staffing Cttee NOTES Progress Locum Clerk's Comments For your information Staffing Cttee wish to keep admin JD for p/t admin required for NP separate from Clerks responsibilities. post agreed by Clerks statutory and legal responsibilities toward NP , of Staffing Committee course, remain. We propose that a part time person is Neighbourhood Plan 21 October & identified and paid for from NP funds for ad hoc NP circulated to Steering Grp support. Lets talk through this in due potential course. Councillors on NPSG are Neelima, Emma, Alan, contractors Peter
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