Standing Orders

STANDING ORDERS

FINANCIAL REGULATIONS

RISK MANAGEMENT

CODE OF PRACTICE

BEACON HILL TERMS OF REFERENCE

GENERAL COMMENTS ON PARISH COUNCILS

PO Box 134, Brighton BN51 9DB 01273 306 300

For reference purposes, paragraph numbers of the original documents have been retained for each of the sections that form part of this Parish Register of relevant regulations and agreements.

Following Anglo-Saxon custom, the use of the word “he” and its derivatives automatically implies “he” or “she” and their derivatives throughout these documents

Map of Rottingdean Parish Boundary

Map of Rottingdean Conservation Area

INDEX

Map of Rottingdean Parish Boundary ...... 1 Map of Rottingdean Conservation Area ...... 2

STANDING ORDERS ...... 6 Meetings...... 6 Chairman of Meeting ...... 6 Proper Officer ...... 6 Quorum ...... 7 Voting ...... 7 Order of Business...... 8 Resolutions moved without Notice ...... 9 Rules of Debate ...... 10 Disorderly Conduct ...... 11 Rescission of previous Resolution ...... 11 Voting on Appointments ...... 12 Discussions and Resolutions affecting Council employees ...... 12 Expenditure ...... 12 Committees ...... 12 Advisory Committees ...... 13 Voting in Committees ...... 13 Accounts and Financial Statement ...... 13 Estimates ...... 14 Interests ...... 14 Canvassing of and recommendations by Members ...... 15 Inspection of Documents ...... 16 Admission of the public and press to meetings ...... 16 Confidential Business ...... 17

Standing Order on Contracts...... 17 Variation, Revocation and Suspension of Standing Orders ...... 17 Financial Regulations ...... 17 Standing Orders to be given to Members ...... 18

FINANCIAL REGULATIONS ...... 20 General ...... 20 Annual Budget ...... 20 Budgetary Control...... 20 Accounting and Audit ...... 21 Banking Arrangements and Cheques ...... 22 Payment of Accounts ...... 23 Payment of Salaries ...... 24 Loans and Investments...... 24 Income ...... 24 Orders for Work, Goods and Services ...... 25 Contracts ...... 26 Payments of Contracts for Building or Construction Works ...... 27 Properties and Estates ...... 28 Insurance ...... 28 Donations ...... 29 Risk Management ...... 29 Revision of Financial Regulations ...... 29

RISK MANAGEMENT ...... 31 Risk management ...... 31 Risk Management Tables...... 35

CODE OF PRACTICE BETWEEN BRIGHTON AND HOVE CITY

COUNCIL and ROTTINGDEAN PARISH COUNCIL ...... 42 Introduction ...... 42 General Principles ...... 43 Information ...... 43 Consultation ...... 45 Town and Country Planning ...... 46 Reasons for Decision ...... 48 Arrangements for the Discharge of Functions ...... 49 Monitoring and Review ...... 49 Contact ...... 49

BEACON HILL WORKING GROUP TERMS OF REFERENCE ...... 51 Brighton and Hove City Council ...... 51 Rottingdean Parish Council ...... 52 The Beacon Hill Nature Reserve Working Group ...... 52

GENERAL COMMENTS ON PARISH COUNCILS ...... 55 Organization of Council Meetings ...... 55 The Management of Meetings, Voting and Decision Making ...... 56 The Parish Clerk ...... 57 Finance ...... 58 Councillors’ Rights ...... 59 Subjects of Interest to Councillors ...... 60 Planning ...... 61 Communications with Our Electorate and Other Authorities ...... 62

Beacon Hill Path Names ...... 63 Beacon Hill Compartments ...... 64

STANDING ORDERS

Meetings 1 Meetings of the Council shall be held at 7.30 o'clock in the evening unless the Council otherwise decides at a previous meeting.

2 The statutory annual meeting: (a) in an election year shall be held by the working day next following the fourth day after the ordinary day of elections to the Council; and (b) in a year which is not an election year shall be held by the next working day after the second Monday in May.

3 The three other statutory meetings shall be held on the first Monday in the months of July, November and February.

4 Additional meetings can be held on the first Monday of the remaining months.

Chairman of Meeting 5 The persons presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting.

Proper Officer 6 Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, he shall

be the Clerk: (a) to receive declarations of acceptance of office. (b) to receive and record notices disclosing pecuniary interests. (c) to receive and retain plans and documents. (d) to sign notices or other documents on behalf of the Council. (e) to receive copies of byelaws made by Brighton and Hove City Council. (f) to certify copies of bye-laws made by the Council. (g) to sign summonses to attend meetings of the Council.

In any other case the proper officer shall be the person nominated by the Council, and, in default of nomination, the clerk.

Quorum 7 Three Members shall constitute a quorum.

8 If a quorum is not present when the Council meets or if during a meeting the number of Councillors present and not debarred by reason of a declared pecuniary or other interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairman may fix.

Voting 9 Members shall vote by show of hands, or, if a majority of those present so request, by signed ballot.

10 If a Member so requires, the Clerk shall record the names of the Members who voted on any question so as to show whether they voted for or against it.

11 Subject to (a) and (b) below the Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes may give a casting vote even though he gave no original vote. (a) If the person presiding at the annual meeting would have ceased to be a Member of the Council but for the statutory provisions which preserve the membership of the Chairman and Vice Chairman until the end of their term of office he may not give an original vote in an election for Chairman. (b) The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.

Order of Business 12 At each Annual Meeting the first business shall be: (a) to elect a Chairman. (b) to receive the Chairman's declaration of acceptance of office or, if not then received, to decide when it shall be received. (c) in the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations. (d) to decide when any declarations of acceptance of office which have not been received as provided by law shall

be received. (e) to elect a Vice Chairman. (f) to appoint Committees. (g) to consider the payment of any subscriptions falling to be paid annually. and shall thereafter follow the order set out in Standing Order 15.

13 At every meeting other than the annual meeting the first business shall be to appoint a Chairman if the Chairman and Vice Chairman be absent and to receive such declarations of acceptance of office (if any) as are required by law to be made, or if not then received to decide when they shall be received. 14 In every year not later than the meeting at which the estimates for next year are settled, the Council shall review the pay and conditions of service of existing employees. (See Standing Order No 35 below).

15 After the first business has been completed, the order of business, unless the Council otherwise decides on the ground of urgency, shall be as follows: (a) to read and consider the Minutes provided that, if a copy has been circulated to each Member not later than the day of issue of the summons to attend the meeting, the minutes may be taken as read. (b) after consideration to approve the signature of the minutes by the person presiding as a correct record. (c) to deal with business expressly required by statute to be done.

(d) any other business specified in the summons.

16 Except as provided in standing order number 17, a resolution of the Council may only be moved if it has been seconded and: (a) if notice of the resolution has been given at least five clear days before the next meeting of the Council; or (b) if a majority of the Members present agree that it should be moved at that meeting.

Resolutions moved without Notice 17 Resolutions dealing with the following matters may be moved without notice: (a) to appoint a Chairman of the meeting. (b) to correct the Minutes. (c) to approve the Minutes. (d) to alter the order of business. (e) to proceed to the next business. (f) to close or adjourn the debate. (g) to refer a matter to a Committee. (h) to appoint a Committee or any Members thereof (i) to adopt a report. (j) to authorise the sealing of documents. (k) to amend a motion. (1) to give leave to withdraw a resolution or an amendment. (m) to exclude the public. (n) to silence or eject from the meeting a Member named for misconduct. (o) to invite a Member having an interest in the subject matter under debate to remain.

(p) to give the consent of the Council where such consent is required by these Standing Orders. (q) to suspend any Standing Order. (r) to adjourn the meeting.

18 The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote. A Member exercising a right of reply shall not introduce new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion.

Rules of Debate 19 The Chairman shall have the right to limit the length of time and the number of times a Member may speak on a resolution and to insist that only one person speaks at once. Whenever the Chairman rises during a debate, all other Members shall be seated and silent.

20 The public cannot take part in any of the proceedings of the Council but will be allowed to comment or make observations on items on the agenda in advance of the Council meeting. There will be a time limit of 3 minutes total on each and any agenda item that members of the public choose to discuss. However, the Chairman has the right to extend this time limit, should he feel that it is appropriate.

Disorderly Conduct 21 No Member shall at a meeting persistently disregard the ruling of the Chairman, wilfully obstruct business or behave irregularly, offensively, improperly or in such manner as to scandalize the Council or bring it into contempt or ridicule.

22 If, in the opinion of the Council, a Member has broken the provisions of paragraph 21 of this order, the Chairman shall express that opinion to the Council and thereafter any Member may move that the Member named be no longer heard or that the Member named leaves the meeting, and the motion, if seconded, shall be put forthwith and without discussion.

23 If either of the motions mentioned in paragraph 22 of this order is disobeyed, the Chairman may suspend the meeting or take such further steps as may be reasonably necessary to enforce them. The Chairman shall have the necessary powers to ensure that Members conform to the recognized discipline of the meeting or either be silenced or removed.

Rescission of previous Resolution 24 A decision (whether affirmative or negative) of the Council shall not be reversed within six months except either by a special resolution, the written notice whereof bears the names of at least three Members of the Council, or by a resolution moved in pursuance of the report or recommendation of a Committee.

(a) when a special resolution or any other resolution moved under the provisions of this Order has been disposed of, no similar resolution may be moved within a further six months.

Voting on Appointments 25 Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.

Discussions and Resolutions affecting Council employees 26 If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service, of any person employed by the Council, it shall not be considered until the Council or Committee (as the case may be) has decided whether or not the public shall be excluded.

Expenditure 27 Orders for the payment of money shall be authorised by resolution of the Council and signed by two Members.

Committees 28 The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary (subject to any statutory provision) but:

(a) shall not appoint any Member of a Committee so as to hold an office later than the next Annual Meeting. (b) may appoint persons other than Members of the Council to any Committee and (c) may, subject to the provisions of Order 18 above, at any time dissolve or alter the membership of a Committee.

29 The Chairman or Vice Chairman ex officio shall be a Member of every Committee.

30 Except where ordered by the Council, the quorum of a Committee shall be one half of its Members.

31 The Standing Order on interests of Members shall apply to Committee meetings.

Advisory Committees 32 The Council may appoint Advisory Committees

Voting in Committees 33 Members of Committees entitled to vote shall vote by show of hands, or, if the majority of Members present so request, by signed ballot.

34 Chairmen of Committees shall in the case of an equality of votes have a second or casting vote.

Accounts and Financial Statement

35 Except as provided in paragraph (a) of this Standing Order or by statute, all accounts for payment and claims upon the Council shall be laid before the Council.

(a) Where it is necessary to make a payment before it has been authorised by the Council, such payment shall be certified as to its correctness and urgency by the appropriate officer. Such payment shall be authorised by the Committee, if any, having charge of the business to which it relates or by the proper officer for payments with the approval of the Chairman or Vice Chairman of the Council.

(b) All payment ratified under sub-paragraph (a) of this Standing Order shall be separately included in the next schedule of payments laid before the Council.

36 The RFO or Clerk shall supply to each Member at the ordinary meeting in May a statement of receipts and payments for the financial year just ended.

Estimates 37 The Council shall approve its precept and budget for the coming financial year at its meeting in the month of February.

Interests 38 If any Member has any pecuniary interest, direct or indirect, within the meaning of Sections 94-95 of the Local Government Act 1972, in any contract, proposed contract or other matter he shall, while it is under consideration by the Council, withdraw from the meeting unless the interest is trivial in the manner described in Section 97(5) or: (a) the disability imposed upon him by those sections has been removed by Brighton and Hove City Council or (b) the Council invite him to remain or (c) the contract, proposed contract or other matter is under consideration as part of the report of a Committee and is not itself the subject of debate. 39 The Clerk shall record in a book to be kept for the purpose, particulars of any notice given by any Member or any Officer of the Council of a pecuniary interest in a contract, and the book shall be open during reasonable hours of the day for the inspection of any Member.

40 If any Member has a non-pecuniary interest within the ambit of the National Code of Local Government Conduct, he shall declare it and thereupon be invited to withdraw from the meeting.

41 If a candidate for any appointment under the Council is to his knowledge related to any Member of or the holder of any office under the Council, he and the person to whom he is related shall disclose the relationship in writing to the Clerk. A candidate who fails so to do shall be disqualified for such appointment and, if appointed, may be dismissed without notice. The Clerk shall

report to the Council or to the appropriate Committee any such disclosure. Where relationship to a Member is disclosed Standing Order 38 shall apply. The Clerk shall make known the purport of this Standing Order to every candidate.

Canvassing of and recommendations by Members 42 Canvassing of Members of the Council or of any Committee, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment. The Clerk shall make known the purport of this Standing Order to every candidate. (a) A Member of the Council or of any Committee shall not solicit for any person any appointment under the Council or recommend any person for such appointment or for promotion; but, nevertheless, any such Member may give a written testimonial of a candidate's ability, experience or character for submission to the Council with an application for appointment.

43 Standing Orders Nos 38 and 39 shall apply to tenders as if the person making the tender were a candidate for an appointment.

Inspection of Documents 44 A Member may for the purpose of his duty as such (but not otherwise) inspect any document in possession of the Council or a Committee and, if copies are available shall, on request, be supplied for the like purpose with a copy.

45 All Minutes kept by the Council and by any Committee shall

be open for the inspection of any Member of the Council.

Admission of the public and press to meetings 46 The public shall be admitted to all meetings of the Council and its Committees which may, however, temporarily exclude the public.

47 The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.

48 If a member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that he be removed from the Council Chamber.

Confidential Business 49 No Member of the Council or of any Committee shall disclose to any person not a Member of the Council any business declared to be confidential by the Council or the Committee as the case may be.

Standing Order on Contracts 50 Where it is intended to enter into a contract exceeding £1000 in value for the supply of goods or materials or for the execution of works, at least three tenders shall be sought. (a) Neither the Council nor any Committee, is bound to accept the lowest tender.

(b) If no tenders are received or if all the tenders are identical the Council may make such arrangements for procuring the goods or materials or executing the works as it thinks fit. (c) A notice issued under this Standing Order shall contain a statement of the effect of Standing Order Nos 38, 39 and 40.

Variation, Revocation and Suspension of Standing Orders 51 Any or every part of the Standing Orders except those printed in bold type may be suspended by resolution in relation to any specific item of business.

52 A resolution permanently to add, vary, or revoke a Standing Order shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.

Financial Regulations 53 All financial matters shall be governed by the Financial Regulations adopted by the Council at its meeting on 3rd November 2003.

Standing Orders to be given to Members 54 A copy of these Standing Orders shall be given to each Member by the Clerk upon delivery to him of the Member's declaration of acceptance of office.

FINANCIAL REGULATIONS

These Financial Regulations were adopted by the Council at its Meeting held on 3 November 2003.

General 1.1 These financial regulations govern the conduct of the financial transactions of the Council and may only be amended or varied by resolution of the Council.

1.2 The Responsible Financial Officer (RFO), under the policy direction of the Council, shall be responsible for the proper administration of the Council's affairs.

1.3 The RFO shall be responsible for the production of financial management information.

Annual Budget 2.1 Detailed estimates of all receipts and payments for the year shall be prepared each year by the RFO.

2.2 The Council shall review the estimates not later than the end of February each year and shall fix the Precept to be levied for the ensuing financial year. The RFO shall supply each Member with a copy of the approved budget.

2.3 The annual budget shall form the basis of financial control for the ensuring year.

Budgetary Control 3.1 The RFO shall regularly provide the Council with a statement of receipts and payments to date under each head of the budgets, comparing actual expenditure against that planned.

3.2 The Clerk may incur expenditure on behalf of the Council which is necessary to carry out any repair replacement or other work which is of such extreme urgency that it may be done at once, whether or not there is any budgetary provision for the expenditure, subject to limit of £250. The Clerk shall report the action to the Council as soon as practicable thereafter.

3.3 No expenditure shall be incurred in relation to any project and no contracts entered into or tender accepted involving capital expenditure unless the Council is satisfied that the necessary funds are available, or the requisite borrowing approval has been obtained.

3.4 All works shall be administered in accordance with the Council's standing orders and financial regulations relating to contracts.

Accounting and Audit 4.1 All accounting procedures and financial records of the Council shall be determined by the RFO as required by the Accounts and Audit Regulations 2003.

4.2 The RFO shall be responsible for completing the annual financial statements of the Council as soon as practicable after the end of

the financial year and shall submit them and report thereon to the Council.

4.3 The RFO shall be responsible for completing the Accounts of the Council contained in the Annual Return (as supplied by the Auditor appointed from time to time by the Audit Commission) and for submitting the Annual Return for approval and authorisation by the Council within the timescales set by the Accounts and Audit Regulations 1996 as amended, or set by the Auditor.

4.4 The RFO shall be responsible for ensuring that there is adequate and effective system of internal audit of the Council's accounting, financial and other operations in accordance with the Accounts and Audit Regulations 2003. 4.5 The Internal Auditor shall carry out the work required to allow a satisfactory completion of the Internal Auditor's Report section of the Annual Return as compiled annually by the Audit Commission. The Internal Auditor, who shall be competent and independent of the operations of the Council, shall report to Council in writing on a regular basis with a minimum of one annual report in respect of each financial year.

4.6 The RFO shall make arrangements for the opportunity for inspection of the accounts, books, and vouchers required by Audit Commission Act 1998 section 15 and the Accounts and the Audit Regulations 2003.

4.7 The RFO shall, as soon as practicable, bring to the attention of all

councillors any correspondence or report from the Internal or External Auditor, unless the correspondence is of a purely administrative matter.

Banking Arrangements and Cheques 5.1 The Council's banking arrangements shall be made by the RFO and approved by the Council.

5.2 A schedule of the payments required, forming part of the Agenda for the Meeting, shall be prepared by the RFO or Clerk and, together with the relevant invoices, be presented to the Council. If the schedule is in order it shall be authorised by a resolution of the Council and shown in the minutes of the meeting.

5.3 Cheques drawn on the bank account in accordance with the schedule referred to in paragraph 5.2 or in accordance with paragraph 6.4, shall be signed by two Members of Council.

5.4 To indicate agreement of the details shown on the cheque or order for payment with the counterfoil and the invoice or similar documentation, the signatories shall each also initial the cheque counterfoil.

Payment of Accounts 6.1 All payment shall be effected by cheque.

6.2 All invoices for payment shall be examined, verified and certified by the Clerk. The Clerk shall satisfy himself that the work, goods or sendees to which the invoice relates shall have been received,

carried out, examined and approved and the invoice is arithmetically correct.

6.3 The Clerk shall take all steps to settle all invoices submitted, and which are in order, at the next available Council Meeting.

6.4 If a payment is necessary to avoid a charge to interest, or for other financial benefit, and the due date for payment is before the next scheduled Meeting of Council, where the Clerk and RFO agree that there is no dispute or other reason to delay payment, the RFO or Clerk may (notwithstanding para 6.3) take all steps necessary to settle such invoices provided that a list of such payments shall be submitted to the next appropriate meeting of Council.

6.5 The Council will not maintain any form of cash float. All cash received must be banked intact. Any payments made in cash by the Clerk or RFO (for example for postage or minor stationery items) shall be refunded on a regular basis, at least quarterly. Payment of Salaries

7.1 The payment of all salaries shall be made in accordance with payroll records and the rules of PAYE and National Insurance currently operating, and salaries shall be as agreed by the Council.

7.2 Payment of salaries and payment of deductions from salary such as may be made for tax, national insurance and pension contributions, may be made in accordance with the payroll records and on the appropriate dates, provided that each payment

is reported to the next available Council Meeting.

Loans and Investments 8.1 All loans and investments shall be negotiated in the name of the Council and shall be for a set period in accordance with Council policy.

8.2 All investments of money under the control of the Council shall be in the name of the Council.

8.3 All borrowings shall be effected in the name of the Council, after obtaining any necessary borrowing approval. Any application for borrowing approval shall be approved by the Council as to terms and purpose.

8.4 All investment certificates and other documents relating thereto shall be retained in the custody of the RFO or the Clerk.

Income 9.1 The collection of all sums due to the Council shall be the responsibility of and under the supervision of the RFO.

9.2 Any sums found to be irrecoverable and any bad debts shall be reported to the Council and shall be written off in the year.

9.3 All sums received on behalf of the Council shall be banked intact as directed by the RFO. In all cases, all receipts shall be deposited with the Council's bankers with such frequency as the RFO considers necessary.

9.4 The origins of each receipt shall be entered on the paying-in slip.

9.5 Personal cheques shall not be cashed out of money held on behalf of the Council.

9.6 The Clerk or RFO shall promptly complete any VAT Return that is required. Any repayment claim due in accordance with VAT Act 1994 section 33 shall be made at least annually.

Orders for Work, Goods and Services 10.1 An official order or letter shall be issued for all work, goods and services unless a formal contract is to be prepared or an official order would be inappropriate. Copies of orders shall be retained.

10.2 All Members and Officers are responsible for obtaining value for money at all times. An officer issuing an official order is to ensure as far as reasonable and practicable that the best available terms are obtained in respect of each transaction, usually by obtaining three or more quotations or estimates from appropriate suppliers, subject to any de minims provisions in Regulation 11.1 (h) below.

10.3 The RFO shall verify the lawful nature of any proposed purchase before the issue of any order, and in the case of new or infrequent purchases or payments, the RFO shall ensure that the statutory authority shall be reported to the meeting at which the order is approved so that the minutes can record the power being used.

Contracts 11.1 Procedures as to contracts are laid down as follows: (a) every contract shall comply with these financial regulations, and no exceptions shall be made otherwise than in an emergency. (b) where it is intended to enter into a contract exceeding £50,000 in value for the supply of goods or materials or for the execution of works or specialist service the Clerk shall invite tenders from at least three firms to be taken from the appropriate approved list. (c) when applications are made to waive financial regulations relating to contracts to enable a price to be negotiated without competition the reason shall be embodied in a recommendation to the Council. (d) such invitation to tender shall state the general nature of the intended contract and the Clerk shall obtain the necessary technical assistance to prepare a specification in appropriate cases. The invitation shall in addition state the tenders must be addressed to the Clerk in the ordinary course of post. Each tendering firm shall be supplied with specifically marked envelopes in which the tender is to be sealed and remain sealed until the prescribed date for opening tenders for that contract. (e) all sealed tenders shall be opened at the same time on the prescribed date by the Clerk in the presence of at least one Member of Council.

(f) if less than three tenders are received for contracts above £50,000 or if all the tenders are identical the Council may make such arrangements as it thinks fit for procuring the goods or materials or executing the works. (g) when it is to enter into a contract less than £50,000 in value for the supply of goods or materials or for the execution of works or specialist services the Clerk or RFO shall obtain 3 quotations (priced descriptions of the proposed supply); where the value is below £1,000 and above £250 the Clerk or RFO shall strive to obtain 3 estimates. Otherwise, Regulation 10(2) above shall apply. (h) the Council shall not be obliged to accept the lowest or any tender, quote or estimate.

Payments of Contracts for Building or Construction Works 12.1 Payments on account of the contract sum shall be made within the time specified in the contract by the RFO upon authorised certificates of the architect or other consultants engaged to supervise the contract (subject to any percentage withholding as may be agreed in the particular contract)

12.2 Where contracts provide for payment by instalments the RFO shall maintain a record of all such payments. In any case where it is estimated that the total cost of work carried out under a contract, excluding agreed variations, will exceed the contracts sum by 10% or more a report shall be submitted to the Council.

12.3 Any variation to a contract or addition to or omission from a contract must be approved by the Council and reported by the

Clerk to the Contractor in writing, the Council being informed where the final cost is likely to exceed the financial provision.

Properties and Estates 13.1 The Clerk shall make appropriate arrangements for the custody of all title deeds of properties owned by the Council. The RFO shall ensure a record is maintained of all properties owned by the Council, recording the location, extent, plan, reference, purchase details, nature of the interest, tenancies granted, rents payable and purpose for which held in accordance with the Accounts and Audit Regulations 2003.

13.2 No property shall be sold, leased or otherwise disposed of without the authority of the Council, together with any other consents required by the law, save where the estimated value of any one item of tangible movable property does not exceed £250.

Insurance 14.1 Following an annual risk assessment, the RFO shall effect all insurances and negotiate all claims on the Council's insurers in consultation with the Clerk.

14.2 The Clerk shall give prompt notification to the RFO of all new risks or properties which require to be insured and of any alterations affecting existing insurances.

14.3 The RFO shall keep a record of all insurances effected by the Council and the property and risks covered thereby and annually review it.

14.4 The RFO shall be notified of any loss liability or damage or of any event likely to lead to a claim, and shall report these to Council at the next available meeting.

14.5 All appropriate employees of the Council shall be included in a suitable fidelity guarantee insurance which shall cover the maximum risk exposure as determined by the Council. Donations 15.1 When local bodies make an application for financial assistance from the Council for an event the Council will require a written application supported by previous accounts and/or a budget for the proposed event. In addition accounts for the event must be submitted to the Council within 3 months of the event.

Risk Management 16.1 The Council should consider annually the area of risk management.

16.2 When considering any new activity the Clerk and RFO shall prepare a draft Risk Management policy for the activity and shall bring a draft to Council for consideration and, if thought appropriate, adoption.

Revision of Financial Regulations 17.1 It shall be the duty of the Council to review the Financial Regulations of the Council from time to time, and after the election of a new Council as a minimum.

RISK MANAGEMENT

Extract from the Local Council’s Governance & Accountability Guidance

Risk management 2.63 In all types of undertaking, there is the potential for events and consequences that may either be opportunities for benefit or threats to success. Local councils are no different and risk management is increasingly recognised as being central to their strategic management. It is a process whereby local councils methodically address the risks associated with what they do and the services which they provide. The focus of good risk management is to identify what can go wrong and take steps to avoid this or successfully manage the consequences.

2.64 Risk management is not just about financial management; it is about achieving the objectives of the organisation to deliver high quality public services. The failure to manage risks effectively can be expensive in terms of litigation and reputation, the ability to achieve desired targets, and, eventually, the local community's Council Tax bills.

2.65 The local council audit regime seeks to encourage local councils to address these issues by placing emphasis on the need to keep under review and, if need be, strengthen their own corporate governance arrangements, thereby improving their stewardship of public funds and providing positive and continuing assurance to

taxpayers.

2.66 It is unlikely that councils will need to start risk management from scratch, as many features will already be in place. But there may be a need to adapt, improve and document existing processes. 2.67 The importance of looking afresh at risk comes in the wake of a more demanding society, bold initiatives and more challenge when things go wrong. It also arises because of the significant changes taking place as a result of the Government's modernising agenda, including, for example, Quality Parishes and encouraging the delegation of service delivery associated with attaining Quality status. Local authorities currently face pressures that potentially give rise to a range of new and complex risks and which suggest that risk management is more important now than at any other time.

2.68 Members are ultimately responsible for risk management because risks threaten the achievement of policy objectives. As a minimum, Members should, at least once each year: $ take steps to identify and update key risks facing the council. $ evaluate the potential consequences to the council if an event identified as a risk takes place. $ decide upon appropriate measures to avoid, reduce or control the risk or its consequences.

2.69 It is impossible, and potentially dangerous, to attempt to present a suggested list of the risks which local councils face, and this

guidance does not do this. The nature, complexity and scale of the business of councils vary. Similarly the priorities and service delivery objectives of one council will differ from those of others. For this reason each council must identify, for itself, the key risks to achieving successfully its priorities and service objectives. Identifying risks can be a daunting task and so local councils may find it helpful to use, as a starting point, the examples of risk set out in the three tables at the end of this section of the guidance.

2.70 Support for councils wishing to improve their risk management arrangements, over and above that provided by this guidance, is available through consulting the technical support teams of both NALC and SALC directly, and/or the council's insurance provider and by reference to various elements of the National Training Strategy.

2.71 One reason why risk identification can be daunting is that, without doing anything else, it could lead to a long list of potential threats with no sense of their relative importance. For this reason the council should also evaluate the potential consequences of a risk occurring and consider how likely this is. The consequences may include immediate financial loss but even if the immediate impact is non-financial (such as an adverse impact on the council's reputation) this can have financial consequences in the longer term if, for example, this impedes the council's ability to bid for funds in future. The assessment of potential impact need not be any more complex than classifying each impact as high, medium or low. At the same time it is a good idea to assess how likely a risk is to occur and this too can be

done using high, medium and low categories. These assessments enable the council to decide which risks it should pay most attention to when considering what measures to take to manage the risks.

2.72 After identifying and evaluating risks councils need to decide upon appropriate measures to take in order to avoid, reduce or control the risks or their consequences. Examples of control measures relevant to some of the risk areas which councils can face are given in the three tables at the end of this section of the guidance. The council's internal auditor will have a role in reviewing the effectiveness of control measures that the council decides to put in place. Examples of internal audit tests to confirm how effective are the measures and controls designed by the council in respect of identified risks are also set out in the three tables at the end of this section.

2.73 The tables are, for ease of reference, grouped into the three main types of decision that councils take in relation to managing risk, having considered the controls which they need to have in place. These are: $ take out insurance [table 1]. $ work with a third party to manage the risk [table 2]. $ self-manage the risk [table 3].

2.74 The tables are not intended to be exhaustive and they cover topics which are not relevant to all councils. They are intended to create a starting point for the development of a bespoke system of risk management for each local council.

Risk Management Tables

Table 1 Areas where there may be scope to use insurance to help manage risk

Identification Risk 1. The protection of physical assets owned by the council - buildings, furniture, equipment, etc (loss or damage). 2. The risk of damage to third party property or individuals as a consequence of the council providing services or amenities to the public (public liability).

3. The risk of consequential loss of income or the need to provide essential services following critical damage, loss or non-performance by a third party (consequential loss).

Controls Internal A4. council'sLoss internal of cash controlsthrough maytheft includeor dishonesty the following: (fidelity guarantee). 1.5. AnLegal up liabilityto date registeras a consequence of assets and of assetinvestments. ownership (public liability). 2. Regular maintenance arrangements for physical assets.

3. Annual review of risk and the adequacy of cover. 4. Ensuring the robustness of insurance providers.

Insurance Internal Audit Internal audit testing may include the following: 1. Review of internal controls in place and their documentation. 2. Review of management arrangements regarding insurance cover. 3. Testing of specific internal controls and reporting findings to management.

Table 2 Areas where there may be scope to work with others to help manage risk

Identification Risk The limited nature of internal resources in most local councils means that councils wishing to provide services often buy them in from specialist external bodies. 4. Security for vulnerable buildings, amenities or equipment. 5. Maintenance for vulnerable buildings, amenities or equipment.

6. The provision of services being carried out under agency/partnership agreements with principal authorities. 7. Banking arrangements, including borrowing or lending.

Controls Internal A8. council'sAd hoc internal provision controls of amenities/may include facilities the following: for events to local community 1. Standinggroups. orders and financial regulations dealing with the award of contracts 9. Marketsfor services management. or the purchase of capital equipment.

2.10. RegularVehicle orreporting equipment on performance lease or hire. by suppliers/ providers/ contractors. 3.11. AnnualTrading reviewunits (leisure of contracts. centres, playing fields, burial grounds, etc). 4.12. ClearProfessional statements services of management (planning, architects, responsibility accountancy, for each service. design, etc). Insurance Internal Audit 5. Regular scrutiny of performance against targets. Internal audit testing may include the following: 6. Adoption of and adherence to codes of practice for procurement and 1. Review of internal controls in place and their documentation. investment. 2. Review of minutes to ensure legal powers are available, and the basis of the

7. Arrangements to detect and deter fraud and/or corruption. powers recorded and correctly applied. 8. Regular bank reconciliation, independently reviewed. 3. Review and testing of arrangements to prevent and detect fraud and

corruption. 4. Review of adequacy of insurance cover provided by suppliers. 5. Testing of specific internal controls and reporting findings to management.

Table 3 Areas where there may be a need to self-manage risk

Identification Risk There are a number of activities that create business risks but do not fall easily into either of the above categories for a number of reasons, principally because they are either difficult to quantify or considered inefficient to have provided externally or just uninsurable.

6. Keeping proper financial records in accordance with statutory requirements. 7. Ensuring all business activities are within legal powers applicable to local councils.

Controls Inter 1.8. EnsuringComplying the with proper restrictions use of funds on borrowing. granted to local community bodies under

nal 9. Ensuringspecific powers that all or requirements section 137. are met under employment law and 2. Proper,regulations. timely and accurate reporting of council business in the minutes.

3.10. RespondingEnsuring all torequirements electors wishing are met to underexercise HM their Revenue rights andof in Customsspection. Notices 4. Meetingand regulations the laid (Income down timetables Tax, National when Insurance responding and to VAT).consultation invitation. 5.11. MeetingEnsuring the the requirements adequacy of thefor annualQuality precept parish statuswithin or sound other budgeting accreditation. Controls Internal 6. Properarrangements. document control. 18. Monitoring arrangements by the council regarding Quality Council status. 7.12. RegisterMonitoring of Members'of performance Interests against and Giftsagreed and standards Hospitality under in partnershipplace, complete, 19. Documented procedures for document receipt, circulation, response, handling accurateagreements. and up to date. and filing. A council's internal controls may include the following: 20. Procedures in place for recording and monitoring Members' interests and 8. Regular scrutiny of financial records and proper arrangements for the Gifts and Hospitality received. approval of expenditure. 21. Adoption of codes of conduct for members and employees. 9. Recording in the minutes the precise powers under which expenditure is being

approved. 10. Regular returns to HM Revenue and Customs; contracts of employment for all staff, annually reviewed by the Council, systems of updating records for any changes in relevant legislation. 11. Regular returns of VAT; training the responsible officer in matters of VAT and other taxation issues as necessary. 12. Regular budget monitoring statements. 13. Developing systems of performance measurement. 14. Procedures for dealing with and monitoring grants or loans made or received. 15. Minutes properly numbe41 red and paginated with a master copy kept in safekeeping. 16. Documented procedures to deal with enquiries from the public.

Insurance Internal Audit Internal audit testing may include the following: 1. Review of internal controls in place and their documentation. 2. Review of minutes to ensure legal powers in place, recorded and correctly applied. 3. Testing of income and expenditure from minutes to cashbook, from bank statements to cashbook, from minutes to statements etc. including petty cash transactions. 4. Review and testing of arrangements to prevent and detect fraud and corruption. 5. Testing of disclosures. 6. Testing of specific internal controls and reporting findings to management.

CODE OF PRACTICE BETWEEN BRIGHTON AND HOVE CITY COUNCIL and ROTTINGDEAN PARISH COUNCIL

1 Introduction 1.1 This code of practice is intended to secure a co-ordinated delivery of services based on a partnership approach between Brighton & Hove City Council and Rottingdean Parish Council as well as ensuring that the views of each are taken into account in the decision making process of the other.

1.2 For the purposes of this code "the city council" means Brighton & Hove City Council and "the Parish" means Rottingdean Parish Council and "the authorities" means both the city council and the Parish.

1.3 The Parish came into being in May 1996 following the recommendations of the Local Government Commission. Until then, unlike the rest of Sussex (which has some 249 Parish and town councils) the area of Brighton and Hove remained unparished. In addition to being a statutory consultee for various purposes, the Parish is capable of performing diverse functions including allotments, footpaths, burial and cremations, bus shelters, conference facilities, lighting of roads etc.

1.4 In many ways the powers and duties of the two authorities are

complementary rather than mutually exclusive and hence the need for consultation and a partnership approach.

2 General Principles

2.1 The Council and the Parish are partners in a two tier system of democratically elected local government which exists for the benefit of the inhabitants of Brighton & Hove in general and those of Rottingdean in particular.

2.2 Both authorities acknowledge the legitimacy and potential contributions of each partner in the effective local governance of their area.

2.3 In discharging the functions entrusted to them by Parliament, the city council and the Parish wish to take into account each other's views and to maintain good relations for that purpose.

3 Agreed Working Arrangements In furtherance of the general objective mentioned in paragraph 2 above, the following working arrangements have been agreed between the city council and the Parish.

3.1 Information 3.1.1 The city council will provide to the Parish regular information about significant proposals and developments in services in relation to the area of the Parish.

3.1.2 The city council will include the Parish on its mailing list for the

following, which will be supplied free of charge: $ planning applications in relation to the area of the Parish. $ press releases specifically relating to the area of the Parish.

4.2.3 Via the city council's web-site (www.brighton-hove.gov.uk) the Parish Council will be able to access information on the city council including: • agendas, reports and minutes of the meetings of the city council, its committees and sub-committees, except for reports and minutes containing "exempt" and "confidential" information as defined in the Local Government (Access to Information) Act 1985. • press releases relating to the area of the Parish. • Annual Report of the city council. • schedule of meetings of the city council, its committees and sub-committees. • deadlines for inclusion of projects in annual budgets and programmes. • departmental contact lists: the Director of each department shall be the point of contact of the Parish Council. However the Parish Council will have access to an up to date internal telephone directory through the web-site.

4.2.4 The city council will if requested, provide computer training for the clerk and the chair of the Parish Council on use of the city council's web-site.

4.2.5 The city council will provide at the request of the Parish:

• any information published by the city council to which members of the public have access. • information relating to any activity of the city council which affects the area of the Parish provided that the city council reserves the right to withhold information which is "exempt" or "confidential" under the Local Government (Access to Information) Act 1985 or for any other good reason.

4.3 Consultation The city council will give the Parish the opportunity to influence its decisions through consultations. Although time and other constraints may not always allow consultations prior to a decision being made, the city council will use its best endeavours to ensure an effective process of consultation with the Parish as so to allow appropriate representations of views on matters of local significance. To this end, the city council will:

4.3.3 consult the Parish on matters specified by statute

4.3.4 where appropriate, consult the Parish before preparing responses in such cases as: • consultation by a government department or a statutory body. • operational changes by a major employer. • the provision of any public service in the Parish area. If due to shortage of time consultation is not possible, the city council will give the Parish details of responses made.

4.3.5 consult the Parish about any of the following which specifically and solely affect the Parish area with a view to providing the Parish an opportunity to influence any final decision thereon:

a) proposals to open or close any city council facilities or establishments within or significantly affecting the Parish; (b) the acquisition or disposal of land in the Parish area by the city council;

(c) the planning and building of roads, highway improvements, maintenance programmes and traffic management measures affecting the Parish and any other major highway proposals to the extent that they are within the powers of the city council [under any agency agreement with the highway authority or otherwise]; (d) future major events run by the city council in the Parish area; (e) applications for public path orders and definitive map modification orders in the Parish; (f) naming of streets in the Parish; (g) footway repair and highway environmental improvement programmes in the Parish; (h) major tree or hedge removal in the Parish; (i) on-street car parking schemes; (j) proposals to install street lighting in the Parish, except where part of a new development; (k) the provision of country parks, picnic sites and other countryside recreation sites in the Parish; (l) public entertainment licences in the Parish; (m) environmental issues of particular importance to the Parish; (n) housing needs and standards in the Parish as necessary.

4.3.6 without prejudice to the generality of paragraph 3.2.3 above, consult the Parish on all matters as may be agreed between the city council and the Parish from time to time.

4.4 Town and Country Planning

The city council will:

4.4.3 maintain a close liaison with the Parish on matters affecting the Parish when undertaking the preparation or revision of the Local Plan.

4.4.4 supply the Parish with a weekly list containing details of all planning applications received in respect of land within the Parish and copies of all associated planning applications. Details of all significant amendments to planning applications will also be supplied as and when they arise. The Parish undertakes to respond to consultations on planning applications and amendments within the statutory timescales or such longer period as may be agreed with the city council.

4.4.5 supply a nominated representative of the Parish, on request and free of charge, with copies of any relevant reports and access to background papers as appropriate, relating to planning applications from the area of the Parish received by the city council.

4.4.6 inform the Parish of all site visits to be made in the Parish by the city council's planning sub-committee to enable a representative of the Parish to attend.

4.4.7 supply the Parish with a copy of all decision notices relating to planning applications affecting its area together with details of any subsequent appeals lodged.

4.4.8 supply the Parish on request with a copy of any report to the city council relating to developments in the Parish (subject to the statutory procedures relating to exempt information).

4.4.9 supply the Parish with copies of all new Tree Preservation Orders made in the area and consult them on applications to carry out work to any preserved trees.

4.4.10 liaise with the Parish where a planning appeal is held in its area.

4.4.11 consult the Parish in connection with proposals to designate local nature reserves, conservation areas and draft countryside management plans in the Parish area where relevant.

4.4.12 supply a nominated representative of the Parish Council, free of charge, with; the list of planning applications and the officer recommendation in respect of each application, any relevant reports and background papers to be considered by the city council's next Planning Applications Sub-committee in sufficient time to allow the Parish Council to comply with the Protocol for Public Representations at Planning Applications Sub-committee and give notice of the Parish Council's intention to make representation on any of the applications, in accordance with that Protocol.

4.4.13 in the event that the city council does not comply with 3.3.10 above and as a result the Parish Council is unable to comply with the time-scales set out in the Protocol referred to in 3.3.10 above the Parish Council will advise the legal adviser to the Sub-

committee of the application/s it wishes to make representation on. The legal adviser will then so advise the Chair of the Sub- committee and request the Chair to exercise his/her discretion and allow the Parish Council to make representations in view of the city council's departure from this code of practice and in recognition of the Parish Council's democratic mandate.

5 Reasons for Decision

5.2 Where the city council has made a decision on any matters affecting the Parish contrary to the views of the Parish as expressed in the consultation process, and the report to the city council does not explain why, the city council will provide the Parish, on request and within a reasonable time, a written explanation. 6 Arrangements for the Discharge of Functions

6.2 The city council and the Parish recognise the need to avoid overlap and duplication of service provision in the Parish area. In addition, there may be situations where although there is no overlap or duplication, it would be in the interests of effective local governance for the functions of one authority to be discharged by the other.

6.3 The city council and the Parish therefore agree to consider as and when necessary whether any service provision by the city council in the Parish should be delegated to the Parish and vice versa.

7 Monitoring and Review

7.2 The operation of this code and its effectiveness will be reviewed by the city council and the Parish who may agree such amendments to the terms as seem to them appropriate.

8 Contact

8.2 Any queries regarding the content or interpretation of this code may be addressed to the Head of Law, Brighton & Hove City Council, Kings House, Grand Avenue, Hove BN3 2SR telephone 01273 291500

Signed David Panter Peter Hampton

Chief Executive Chairman Brighton and Hove City Council Rottingdean Parish Council

Dated: 17th April 2003

BEACON HILL WORKING GROUP TERMS OF REFERENCE

Brighton and Hove City Council have agreed that they and Rottingdean Parish Council should share responsibility for the Beacon Hill Nature Reserve through a Rottingdean Parish Council Working Group. This document specifies the division of responsibilities between these organizations through the following Terms of Reference.

BRIGHTON AND HOVE CITY COUNCIL

Brighton and Hove City Council will retain responsibility for the following: 1. the overall management policy. 2. the Signing Off of current and future Management Plans, including the English Nature 10 year Management Plan. 3. the general management and funding of the contract for the Grass Cutting programme for the whole of Brighton & Hove, including that applicable to the Beacon Hill Nature Reserve. 4. along with the Working Group and Rottingdean Parish Council, approving any proposed environmental and other improvements. 5. within budgetary considerations, the funding, placing of contracts and/or provisioning of any approved environmental and other improvements. 6. where thought to be appropriate, with Rottingdean Parish Council, seeking lottery and other funding additional to that currently available, for special projects.

7. if approved by both Brighton and Hove City Council and Rottingdean Parish Council, to take action to establish appropriate byelaws.

ROTTINGDEAN PARISH COUNCIL

Rottingdean Parish Council will be responsible for the following: 8. be responsible for the administration of the Beacon Hill Nature Reserve Working Group. 9. within budgetary considerations, consider whether joint funding of any approved environmental and other improvements is appropriate. 10. where thought to be appropriate, to jointly seek with Brighton and Hove City Council lottery and other sources of funding additional to that currently available, for special projects. 11. where appropriate, advise Brighton and Hove City Council of its support or otherwise for any proposal to introduce byelaws affecting the Beacon Hill Nature Reserve.

THE BEACON HILL NATURE RESERVE WORKING GROUP

The Beacon Hill Nature Reserve Working Group will be responsible for the following: 1. the Day-to-Day Management, including ensuring that the grass cutting contract meets the requirements of the current Management Plan. 2. the production and distribution of current and future Management Plans. 3. performing, compiling and distributing the annual Local Nature

Reserve Surveys. 4. ensuring that no environmental and other improvements (including the provision of memorial benches etc) goes ahead unless it has been formally approved by both Brighton and Hove City Council and Rottingdean Parish Council. 5. assessing proposals for environmental and other improvements (including the provision of memorial benches etc) to the Beacon Hill Nature Reserve put forward by the Rottingdean Preservation Society, Ovingdean Residents & Preservation Association or members of the public. 6. recommending any appropriate proposed environmental and other improvements to the Beacon Hill Nature Reserve for funding by Brighton and Hove City Council and/or Rottingdean Parish Council. 7. where appropriate, seeking the advice of the Brighton and Hove City Council’s ecology officer, currently Matthew Thomas, and Gerald Legg of the Booth Museum. 8. if thought appropriate, to propose to Brighton and Hove City Council and Rottingdean Parish Council any byelaws required in support of the protection of the Beacon Hill Nature Reserve.

Signed: Ms P Foster Assistant Director Quality of Life & Green Spaces Brighton and Hove City Council

Mr P Hampton Mr J Cumming Chairman Chairman Rottingdean Parish Council Beacon Hill Working Group

Dated 8th March 2005

GENERAL COMMENTS ON PARISH COUNCILS

ORGANIZATION OF COUNCIL MEETINGS

9. A meeting was defined in 1876 as a gathering or assembly of 2 or more persons for a lawful common purpose. This implies the following:

a. Gatherings cannot be conducted over the telephone. b. Because of the need for a chairman, there cannot be less than 3 people in a gathering. c. The meeting must comply with the law of the land.

10. It is illegal to delegate authority to a single councillor (including the Chairman) rather than a committee or to an Officer of Council (ie the Parish Clerk). This is because of the need for 3 people to form a gathering.

11. The only powers that cannot be delegated to a committee are the Precept and approval of borrowing.

12. Failure to serve the summons to Council or Committee meetings to more than 1 person will cause that meeting to be declared invalid.

13. All Council and Committee Meetings have to be open to the Public and the Press. The Press have a statutory right to a copy of the agenda to be sent to them by post and to be provided with appropriate facilities such as table and chair plus a telephone at

their expense. They do not have the right to take photographs or to record meetings. However, remember that the Press is normally your friend; they are desperate for copy ! Do send them your agenda and make them welcome.

14. The only way for meetings to be held in private is for there to be a vote on a properly raised motion which was seconded and recorded in the minutes. Examples of confidential subjects for which exclusion of the public can be sought: staff matters, salaries, legal proceedings, contracts, tenders, some property matters like buying land, receiving advice from an external source. Group all private matters at the end of the agenda as the Press will leave when the meeting is declared private.

THE MANAGEMENT OF MEETINGS, VOTING AND DECISION MAKING

15. The following items should be covered by Standing Orders:

a. All decisions must be decided by voting by those attending by a show of hands unless Standing Orders says otherwise. Any Councillor can require a recorded vote on any issue to record the names and whether in favour or not of the motion, of all who voted. Any Councillor can ask that his vote be recorded. Even if there is a secret ballot, any Councillor can request a recorded vote and all ballot papers have to be signed.

b. All minutes should be public. Thus, for private meetings, there should be an additional confidential note on the

meeting. Minutes should record the content of discussions plus the resultant vote. They should be signed by the person presiding at the meeting and can be used as evidence in court.

16. There cannot be an agenda item of “Any Other Business” nor can there be a “Chairman’s Actions” clause. Where urgent matters need to be discussed but are not included on the agenda, the first statement should spell out the urgency. Any comments made by Councillors can only be for information; no decisions can be taken. Council cannot make an ‘urgent’ decision which involves the allocation of funds. Funds can only be approved through a properly constituted Council Meeting.

17. Should a public meeting become out of order, the Chairman can suspend or close the meeting. If some members of the public are continually disrupting proceedings, the Chairman can ask them to leave. If this fails, the Chairman can call the police.

18. Unless he has given reasons in advance, failure of Councillors to attend meetings for 6 months will result in automatic disqualification from the Council. This cannot be decided retrospectively.

19. The Council should be very careful when handling comments about people. Councillors and Electors writing to the Council do not have the right to demand that a letter is read out. Indeed it is recognized that it is dangerous to do so. Acknowledge receipt of the letter in Council and instruct the Clerk to deal with it.

20. The Public do not have the right to know how a Councillor voted. Only Councillors can ask for their vote to be recorded.

THE PARISH CLERK

21. The Parish Clerk’s role is to carry out legal orders.

22. The Clerk is responsible to ALL Councillors and, in particular, should ensure the Chairman keeps to the rules without favouritism. All Councillors should know all the information.

23. There is no requirement for everything to go through the Chairman. There is no right to exclude an item from the agenda.

FINANCE

24. It is illegal for the Council to become overdrawn and any overdraft must be cleared by the end of the financial year.

25. Examples of Precepts set in West Sussex are:

a. Highest £402000 b. Average £31000

c. Lowest £150

26. General Power of Expenditure. In any situation not covered by one of the specific powers, a council may spend money on any unlisted purpose for the benefit of the local area or inhabitants up to £3.50 per elector per year.

27. Borrowing or Loan Sanctions. The Council is empowered to raise loans for capital expenditure but must obtain the permission of the Department of the Environment. The maximum period is for 25 years for land and bricks and mortar but for other equipment, the loan should not exceed the life of the equipment.

28. Insurance. Councillors are responsible for ensuring that the Council is adequately insured. It is recommended that 1 councillor should be given the responsibility for performing an annual review of the Council’s insurance policies.

29. Cheques. Cheques can only be signed by any 2 elected councillors. The clerk can only countersign. Cheques cannot be signed in advance.

30. Impress. The clerk can be given an impress (£100 per month was quoted). Then the clerk can sign for herself against the impress. This impress will always be audited. The auditors are in favour of this practice.

COUNCILLORS’ RIGHTS.

31. Councillors have the right to attend all Council Meetings. Councillors who are members of a Committee have the right to attend meetings of that committee. Those Councillors who are not members of a committee may only attend these committee meetings if Standing Orders gives them the right to do so.

32. An Extraordinary Council Meeting can be called by the Chairman or by any two Councillors.

33. Councillors have the right to see any relevant Council document to enable him/her to carry out his/her duties. This does not give the Councillor the right to search for that document nor to see any other Council documents.

34. Councillors do not have the right of access to background papers (as do district and county councillors).

35. Councillors do have “Qualified Privilege of Speech”. However, Councillors must make their comments to the person if required and such comments must not be reckless or motivated by malice.

SUBJECTS OF INTEREST TO COUNCILLORS

36. There are around 50 subjects on which Parish Councils are entitled to spend their funds, some examples of which were given:

a. Parish Councils hold their Village Green in Trust and have an absolute duty to preserve it, to maintain it and to ensure that it remains unencroached. b. A source of advice and assistance can be obtained for ponds from the British Trust for Nature Conservation Volunteers. c. Car parks are the responsibility of District Councils. However, Parish Councils can obtain District Approval for providing their own or obtain agreement to manage the District car parks for them. But beware, a rating charge will be raised by the District Council for any Parish car park. d. Litter bins can be provided by the Parish Council in addition to those provided by the District Council. Where this is done, the Parish Council is responsible for emptying them. A joint approach to emptying can often be appropriate. Support of anti-litter campaigns is also appropriate. e. Bus shelters can be obtained free of charge if the provider is allowed to use the shelter for advertizing. f. Footpaths, bridleways and lighting are the concurrent responsibility of both District and Parish Councils. g. Open spaces, playing fields, boating pools and public

footpaths can be acquired to improve or protect the local quality of life.

h. Parish Councils are able to erect place name and warning signs (about dangers from or to horses, ducks, badgers etc.

i. Parish Councils can promote tourism, spending funds on both the provision of facilities and their promotion.

j. The Provision of Entertainment: Any form of entertainment is permitted including the maintenance of bands and/or orchestras.

k. Commons: to protect any finally registered common land that is without a registered owner.

l. Cemeteries are usually a District function but can be joint. Closed churchyards are usually handed over to the District Authority within 6 months of their closure.

m. Legal Proceedings can be undertaken on behalf of the interests of inhabitants but seek advice from SALC/NALC first. This includes the power to take part in any public local enquiry.

PLANNING

37. Conditions applied to a planning application should be checked up on by Councillors after 3 years by site visits to confirm they

have been met. Where breaches occur, Councillors should routinely press for the conditions to be enforced.

COMMUNICATIONS WITH OUR ELECTORATE AND OTHER AUTHORITIES

38. It is strongly recommended that the Council tell its electorate what it is doing.

39. It is also strongly recommended that the Parish pays for having Polling Cards for elections, despite the cost, to facilitate public involvement.

Beacon Hill Path Names

Beacon Hill Compartments