Latest National News and Briefings

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Local Government Pay: 2010/2011

On 20 January 2010, the Employers’ Side of the National Joint Council for Local Government Services (‘The Employers’) formally responded to the trade union pay claim which was submitted in October 2009. The claim is for 2.5% or £500, whichever is the greater. The Employers informed the unions that they are unable to offer any increases in pay. They had decided that a pay increase was not affordable, would compromise the ability of councils to protect services and would jeopardise council jobs.

The Employers’ decision does not affect the payment of contractual increments during 2010/2011. If an employee is contractually entitled to an annual increment during 2010/2011, he or she should still receive it.NALC will provide an update if there are any further developments.

Note: The NALC/SLCC National Agreement on Salaries and Conditions of Service is based on the National Agreement on Pay and Conditions of Service issued by the National Joint Council for Local Government Services (“the Green Book”).

NJC car allowances 2009/10: change to VAT - 1 January 2010

Since 1 December 2008, VAT has been temporarily reduced to 15 per cent. The Chancellor of the Exchequer has announced that VAT will return to 17.5 per cent on 1 January 2010. As a result, the amount of VAT per mile in the petrol element of the NJC car allowances has been amended. A table with the details is available in the Members' Area.

Ministry of Justice Issues New Burials Guidance

The Ministry of Justice has recently issued new guidance for burial ground managers, custodians of war memorials, archaeologists and others directly connected to the upkeep and maintenance of cemeteries.

This guidance has been long awaited and will be of interest to local councils involved in cemetery management. It covers six themes: natural burial grounds – guidance for operators; guidance for burial ground managers; guidance for custodians of war memorials in England and Wales; managing the safety of burial ground memorials; memorial safety guidance: frequently asked questions; and a statement on burial law and archaeology.

This guidance can be downloaded at http://www.justice.gov.uk/guidance/burials.htm.

Plunkett Foundation - Survey of Parish Councils in England and WalesPlunkett Foundation logo

The Plunkett Foundation is undertaking a survey of Parish Councils across England and Wales to find out what the level of awareness is within rural communities of community-ownership approaches to rural challenges. Community-owned village shops are one example of this approach but there are many more.All respondents will be entered into a prize draw which includes a prize of:

The information you provide will be used only for the purpose of which it was provided and will not be passed on to any third party.

Click Here to take survey or visit http://www.surveymonkey.com/s.aspx?sm=EuW1BmfyrbbBlWrGh07Rqg_3d_3d

Plunkett Foundation
The Quadrangle Woodstock Oxfordshire OX20 1LH
t 01993 810730 | f 01993 810849 http://www.plunkett.co.uk

Planning Aid

Planning Aid provides free, independent and professional town planning advice and support to communities and individuals who cannot afford to pay planning consultant fees. It complements the work of local planning authorities, but is wholly independent of them.

Planning Aid was started by the Town and Country Planning Association in 1973 and has consistently proved its worth. From the beginning, it has been at the forefront of engaging communities in the planning process. Now Planning Aid is working to further widen engagement in the planning process and to give an equal voice to all those involved in planning. More details at: www.planningaid.rtpi.org.uk

For all initial planning enquiries in the South region(Berkshire, Buckinghamshire, Hampshire, Isle of Wight, Oxfordshire), please contact the Planning Advisor on the telephone number listed below.

If you need help with a planning matter please call the Planning Aid South AdviceLine on 0870 240 7552

Planning Advisor, Martha James
PO Box 37, Freshwater, Isle of Wight, PO40 9ZR
Tel: 0870 240 7552
E-mail: socw@planningaid.rtpi.org.uk
Available:Wednesday, Thursday & Friday. If calling outside of these times, please leave a message.

It takes all sorts – Local councils: represent your community, make a difference

 

Representing the 9,000 or so communities in England really does take all sorts. Last week's national conference saw the initial launch of It takes all sorts – Local councils: represent your community, make a difference.

This new booklet, developed by NALC with support from the Commission for Rural Communities, highlights the diversity and experiences of councillors within the first tier of local government. It shows the difference that people make within the community and highlights the kinds of activities that are being undertaken by local councils across the country.

The booklet can be downloaded at here.

Green Communities

Organised by the Energy Savings Trust, Green Communities is a campaign to encourage people, local communities, and local (parish and town) councils to be actively involved in carbon reduction. Ashton Hayes Parish Council and Sadbergh Parish Council have been highlighted as examples of good practice. For more information and case studies on the launch and campaigns including examples of parish and town councils, please see http://www.energysavingtrustorg.uk or http://www.greencommunitiesonline.org.uk

'Whatever, yeah? - Local councils and youth provision'

 

NALC, supported by the Commission for Rural Communities, has launched a new booklet that highlights the innovative approaches local councils take to better represent and involve young people. 'Whatever, yeah? - Local councils and youth provision' is available here. It celebrates a selection of activities undertaken by local councils across the country. Covering Student Advisors, outreach youth workers, mobile cinema, skate park activities and youth support, the booklet highlights just a few of the initiatives that local councils undertake across the country to ensure young people are valued and their needs catered for.

The Youth of Today - Local Councillor Shadowing Programme

 

The British Youth Council is inviting councils on behalf of ‘The Youth of Today’ to participate in a Local Councillor Shadowing Programme. The initiative is aimed at young people aged 13-19 who are under represented and/or disadvantage and hopes to give them the chance to shadow their local representatives. Local councils are invited to express an interest. The links below may also be of interest:

 

NALC’s Local Council Awards 2010

The National Association has had to take the decision to extend the deadline for Local Council Awards from 30th November to 31st March 2010. Unfortunately the number of entries has not been high enough to make it a viable competition.  We feel that the short timescales for entries has not encouraged potential entrants, so extending it until next year gives all interested parties more time.  The 2009 Awards will merge into the 2010 Awards.  Entries to the 2009 Awards will be forwarded to the 2010 Awards

The Awards ceremony will be held in the afternoon of Thursday 13th May at the Institute of Mechanical Engineers

This year's NALC Local Council Awards will be in the categories of:

The closing date for applications is 31 March 2010.

For further information about the awards criteria and application details please see the attached brochure, the NALC website (www.nalc.gov.uk), NALC’s flagship publication LCR, or the LCR website (www.lcronline.org.uk)

The Parish Councillor's Guide by Paul Clayden - £15.95Book Cover

This ever-popular book, regarded as invaluable for all parish councillors and clerks, has been updated to a 20th edition to reflect the large amount of new legislation affecting parish and community councils.

Please click here for further information or to buy online.

 

 

 

Legal & Policy Briefings

Standing Orders for Local Councils

The first edition of Standing Orders for Local Councils has been published. The publication replaces NALC’s Standing Orders and Chairmanship, which was last published in 2003.

Standing Orders for Local Councils provides local councils with comprehensive guidance in respect of the law, procedure and governance arrangements which apply to them. It explains why standing orders, which are an essential tool for governance in local councils, are necessary. The new publication also contains a helpful set of model standing orders which (i) reflect mandatory statutory requirements and (ii) assist councils to be organised, effective and efficient.

An electronic version of Part 2, containing the Model Standing Orders can be downloaded in the Members’ Area of the website.

Printed copies of the full book can be ordered from OALC at a cost of £25.

Revised Code of Conduct for Members of Local Authorities

As is documented in the new NALC publication “Standing Orders for Local Councils”, a revised Code of Conduct applicable to members of all local authorities is expected to come into force in 2010. In view of the elections for local government areas (including some parishes) which will take place in May 2010, it was anticipated that a revised Code of Conduct would come into force before then.

The Department for Communities and Local Government (CLG) has confirmed that the Government is concentrating on progressing financial regulations, leaving no time for a revised Code of Conduct for members to be laid during the present Parliamentary session.  This means that any revised or new Code of Conduct will not now be laid until after the Parliamentary general election.

Level of Burial Fees (England) L17-08 - Original Date of issue: 27 August 2008   - Update: 25 January 2010

Town and parish councils frequently enquire into the level of burial fees that they can charge.  The table of fees in part 1 of Legal Briefing L17-08, entitled “Level of Burial Fees” has been amended. This is due to the Parochial Fees Order 2009 coming into force on 1 January 2010, which sets out the fees charged for burials in Church of England churchyards and will replace the Parochial Fees Order 2008.The briefing (available to download in the Members’ Area) considers the amount that a parish or town council can charge and the powers that they have with respect to charges.

Local Councils and Cheque Signatories

The National Association of Local Councils (NALC) believes that the current rules on the way that local councils can make payments are now an anachronism which needs to be updated to reflect the modern age. NALC has been lobbying extensively for the Local Democracy Bill to be amended and strengthened to address anachronisms in the payment/processing rules.In addition to a briefing paper to all MP's, meetings have taken place with members of the Bill Committee and other parliamentarians.

A NALC Briefing on the issue is available in the Members’ Area.

Age Discrimination: The High Court’s Decision in ‘Heyday’

This Employment Briefing updates Employment Briefings E01-09 and E06-09.  The Heyday case challenged the lawfulness of the national default retirement age of 65 confirmed by Employment Equality (Age) Regulations 2006 (“the Regulations”). 

The High Court referred the question to the European Court of Justice, who held in March 2009 that the mandatory retirement age of 65 is capable of being lawful provided it is objectively justified within UK law.  The case was referred back to the High Court to determine whether compulsory retirement at 65 is objectively justifiable.

On 25 September 2009 the High Court held that compulsory retirement at 65 is objectively justifiable.  Consequently, unfair dismissal claims based on age discrimination which were made to Employment Tribunals and which had been held in abeyance pending the High Court’s decision, will now fail.  The High Court’s decision confirms that it is lawful for local councils to retire employees at 65 provided they comply with the statutory procedures which are fully explained in Employment Briefing E06-06.

The default retirement age is likely to rise in the next few years and the government is looking to review it next year.  NALC will provide further guidance in the event of any statutory changes to the default retirement age

Legal Topic Note 31 – Section 137of the Local Government Act 1972

Legal Topic Note (LTN) 31 – “Section 137of the Local Government Act 1972”, has been amended to incorporate the impact of the power of well being on s. 137 for local councils in England. The updated version of LTN 31 replaces LTN 31 originally issued in 2007 which is now obsolete and should be discarded.

Section 137 Expenditure Limit for 2009/10 & 2010/11

The appropriate sum for the purposes of section 137(4) (a) of the Local Government Act 1972 for parish and town councils for 2009/10 and 2010/11 is £6.15.

The Sustainable Communities Act 2007(Amendment) Bill

The Sustainable Communities Act 2007(Amendment) Bill addresses some weaknesses in the 2007 Act, subsequent regulations and statutory guidance.  In relation to the parish council sector, the Bill is seeking to:

Although the proposed amendments to the Act are at an early stage and the detailed effect of any change in the legislation is not certain, Both NALC and OALC supports them because they (i) guarantee parish councils a role in formally contributing to proposals to promote the sustainability of their communities and (ii) introduce a new role for County Associations should they want this.

You can find out more information on how to lobby in support of the Bill by going to the Local Works website.

National Minimum Wage Increase

 

Rates of the National Minimum Wage that took effect from 1 October 2009 are as follows (old rates in brackets):-

 

 

Parish Polls 

 

The Legal Briefing L18-07 entitled “Parish Polls” has been updated to incorporate commentary in respect of a High Court case decision in 2009. Members can download it in the Members’ Area. 

Re-Registration Of Common Land Under Schedule 2(4) of The Commons Act 2006

There is the possibility of new land being added to the commons registers under the 2006 Commons Act. Land that is ‘re-registered’ in this way will enjoy the special legal protection afforded to common land. It will also be subject to the public access provisions of the Countryside and Rights of Way Act; or, may qualify as a s193 ‘urban’ common (in which case, the right of access would extend to both walkers and horse-riders).

 

Information and advice on the new provisions and on the implementation of the 2006 Act is available online here.

New Guidance for Local Councils on Service Delegation and Clustering & Collaboration Between Local Councils

The Commission for Rural Communities (CRC) with NALC has published new guidance for local councils. Both guidance papers are illustrated with useful case studies from across England and are freely available by clicking the links below:

 

Further planned outputs from this project include:

 

 

Printed copies of these papers are also available from the CRC on request from:


Cicera Brydon
Programme Development Assistant
Commission for Rural Communities
John Dower House
Cheltenham GL50 3RA
T: 01242 534057
E: Cicera.brydon@ruralcommunities.gov.uk

New Edition of Charles Arnold Baker’s Local Council Administration

 

The 8th Edition of Charles Arnold Baker’s Local Council Administration (£67), published by Lexis Nexis Butterworths will be available from mid June. There is a discount of 20% for member councils. An order for this book can be placed directly with Lexis Nexis Butterworths by sending an email to andrew.smith@lexisnexis.co.uk.

Legal Briefing: The Power of the Promotion of Economic, Social or Environmental Well Being

The Local Government and Public Involvement in Health 2007 Act amends section 1 of the 2000 Local Government Act with the effect of extending the power of well being to “eligible parish councils”.  A parish council is “eligible” if it meets the conditions prescribed by the Secretary of State by order. The Order sets out the conditions a parish council must satisfy if it wishes to qualify as an eligible parish council entitled to exercise  the power of well being (defined by s.2 Local Government Act 2000).

A NALC briefing on the order defining eligible parish councils qualified to exercise the well being power can be downloaded from the Members’ Area.

Legal Briefing: Good Practice for Selection of Candidates Being Co-opted to a Local Council (L15-08)

NALC Legal Topic Note 8, “Elections” sets out the circumstances in which a parish and community council (“a local council“) may exercise the power to co–opt a person on to the council. This Briefing which can be downloaded from the Members’ Area, sets out NALC’s good practice recommendations. 

Quality Parish and Town Council Scheme Updated

 

A number of new tests are being added to the Scheme in order to reflect the growing influence that parish and town councils have in local communities. Quality councils will also be required to evaluate the training needs of both staff and councillors and provide evidence through a training ‘Statement of Intent’.

Further details are available at the NALC website (www.nalc.gov.uk).

Governance and Accountability for Local Councils: A Practitioners’ Guide 2008 (England)

 

In 2002 NALC and SLCC published the first edition of this guide to proper accounting practices and audit for local councils. This 2008 edition builds on this previous work, and incorporates the changes to Regulations in 2006 and the impact of the Local Government and Public Involvement in Health Act 2007.  It also reflects the responses received when the authors asked practitioners what they thought of the guide.

The 2008 edition presents proper accounting and internal audit practices for financial years 2008/2009 and beyond. The document or particular sections can be downloaded from the NALC website here.

Printed copies are available exclusively from the SLCC website.

 

 

For details of current consultations please visit our Consultations page.

 

Page last  updated: February 23, 2010