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Paths for Communities

The Treasury Autumn Statement on 29 November 2011 included Government plans to support rural tourism. As part of this package, Defra have asked Natural England to develop and run a new grant scheme called ‘Paths for Communities’. The aim of the Scheme will be:

· to encourage and enable local communities to work with land owners to develop and enhance local public paths in ways that deliver wider benefit; and

· to offer a network with more appeal to visitors and tourists, contributing to the rural economy through better support for local services such as shops, pubs, hotels, bed and breakfasts and equestrian businesses.

click here for more information, further detail will be available in March/April.

Fraud risks in parish and town councils - advice for councillors

Following a succesful training event on Finance we would like to draw your attention to a leaflet issued by NALC, SLCC and Audit Commission. It sets out a useful check list of Do's and Don't's on fraud, behavioural, financial and organisational indicators. Click here to see the leaflet.

Rural and Farming Networks - DEFRA announcement

Fourteen networks representing different areas of England have been set up to identify and feed back local issues and concerns straight to the heart of Government, in order to make policies more rural-friendly. Although intriguingly there are areas with no network (Cumbria) and the East Midlands is overlapped by three networks.

The Networks are intended to bring together people from rural communities, rural businesses and the food and farming industries. They are intended to make a direct link between rural areas and the Government, creating new opportunities to develop better and more targeted policy.

Each group will be a point of contact providing feedback to Defra on the impact of local emergencies – such as flooding -  so that the right kind of assistance can be provided to keep businesses running.

The Rural and Farming Network group for Oxfordshire is:

  1. Farming and Rural Issues Group (covering much of the South East)

The new networks sit alongside a £165 million package of measures to support rural communities announced in the Rural Economy Growth Review which aims to maximise the economic potential of rural communities and businesses. The Rural Economy Growth Review included:

The Rural and Farming Network will meet for the first time in early 2012 and then on individual policy areas or issues of importance to rural communities.

More information from the Defra web site here

Neighbourhood Development Planning

Oxfordshire has four councils with front runner status for developing the new form of local planning - Neighbourhood Development Plans:

These councils will be presenting case studies of their work so far at an event OALC are organising in March as part of the CPRE/NALC Supporting Communities with Planning project. More information will be available shortly.

As part of the project CPRE/NALC have produced two booklets:

Printed copies of these booklets are available from OALC.

The Planning Advisory Service (PAS) have a good presentation on their web site aimed at councillors. It explains some of the background and processes, click here to go to the presentation .

The Localism Act

The Localism Bill has now received Royal Assent. This Act will have far reaching effects on the powers and duties available to town and parish councils. The main measures of the Act are aimed at:

A plain English guide to the Act is available on the Department for Communities and Local Government website .

The full Act can be read here

NALC have issued a policy briefing (P44-11) which is in the members area

The Act will bring in new powers for councils and change some existing ones. Different parts of the Act will come into force at different times. The Government aims for the first ones to come into effect in April 2012. Other powers will wait for more consultation or further secondary regulation.

The Act represents a huge change in the powers available to town and parish councils. The main headings of the Act which may affect local councils are:

OALC will be running briefing sessions in Spring 2012 by which time more information on the details will be available.

NALC have produced two publications:

What is Big Society? and its third Localism in Practice booklet

The booklet What is the Big Society? features a series of essays by parliamentarians and other key thinkers on the concept of Big Society and the practial implications for localism. It includes a chapter by Grant Shapps, other MP's and members of think tanks.

Download the booklet from the NALC web site

CPRE/NALC Supporting Communities in Planning

How to respond to planning applications

In April, Greg Clark, Minister for Decentralisation, announced that CPRE, in partnership with NALC was one of four successful bids to Department of Communities and Local Government's Supporting Communities in Planning scheme. The partners are to deliver training, information and advice to communities about the planning system.

OALC already provides training on planning to town and parishes councils. Our next training session is on 6th December, more details are on the events page.

As part of the delivery of advice a new guide has been produced called How to respond to planning applications: an 8 step guide. Each council should have received a copy of this guide, click here to see the booklet and print off further copies.

National Planning Policy Framework

The Government published the draft National Planning Policy Framework for consultation. It is a key part of their reforms to make the planning system less complex and more accessible, and to promote sustainable growth.

The consultation has caused lively debate among groups and organisations (National Trust, CPRE) concerned about development. The Governments aim is to reduce 1,000+ pages of national guidance currently in Planning Policy Statements (PPS's) down to 65 pages. The main area of controversy is the presumption in favour of sustainable development. Sustainable development is based on the Bruntland definition and means delivering development which has an economic, social and environmental role in an integrated way that doesn't prejudice future generations. However, the framework appears to place economic growth above other components. Decision takers are encouraged that the default answer to all development proposals should be yes. There is also a presumption that where a Core Strategy or Local Plan is absent, silent, indeterminate or out of date then there will again be an assumption in favour of sustainable development. As only 30% of local planning authorities have an up to date Core Strategy this has the potential to open those areas without a Core Strategy tomore development.

The framework can be seen here

Consultation finishes on 17th October

Open Public Services White Paper

As part of the Coalition Governments move towards greater localism in the delivery of services it has issued a White Paper for consultation or a listening period as they call it. The White Paper is based on the Green Paper Moderninsing Commissioning of last year. The aim is to :

The White Paper distinguishes between three types of service - individual, neighbourhood and commissioned. The Government envisages a much greater role for town and parish councils in the delivery of neighbourhood services. This builds on new powers within the Localism Bill - Community Right to Build, Community Right to Buy etc. The intention is to devolve further powers to local councils which could include street improvements, libraries, museums and arts, parking, licensing etc. (see Chapter 4 of the White Paper).

NALC's response on behalf of town and parish councils can be read here.

The Localism Bill

The Government published the Localism Bill on 13 December last year. The Bill aims to shift power from central government back into the hands of individuals, communities and councils. An essential guide to the Bill has also been produced setting out the thinking that underpins the Bill.

A NALC Briefing, available to download from the Members’ Area of the website, summarises the main points of the Bill and the guide as it relates to local councils and communities. As a direct result of representations made to Government Ministers and officials by NALC, the Bill provides greater recognition of the role of local (community, neighbourhood, parish, village and town) councils along with a range of new powers.

To make sure the general public and community groups can fully understand the effects of the Bill, a plain English guide has also been published.

The guide seeks to translate complex legal language used in the 207 clause Bill in a transparent and reader friendly way, so anyone can understand how the Bill will devolve greater power and freedoms to councils and neighbourhoods, establish powerful new rights for communities, revolutionise the planning system, and give communities control over housing decisions. The updated Plain English guide to the Localism Bill can be downloaded here:

Revision to Standing Orders

The publication Standing Orders for Local Council contains two parts - Part one deals with Law and Procedure for Local Councils . Part two contains the Model Standing Orders for Local Councils.

Standing Order 32b has been slightly amended. The revised wording is available in the Members' Area of the web site for downloading.

The Code of Recommended Practice on Local Authority Publicity

This code applies to all local authorities in England, including town & parish councils. It is still subject to parliamentary approval. Following the initial consultation on the draft Code, town & parish councils will be able to continue to publish monthly newsletters.  A copy of the Code and Explanatory Memorandum can be downloaded in the Members’ Area of the website.

Council Tax Freeze

The Secretary of State for Communities and Local Government, Rt Hon Eric Pickles MP, has agreed that the freeze on council tax does not apply to local (parish and town) councils. There had previously been confusion about whether the freeze would be applied to local councils as part of the Government's approach to spending by local government. The National Association raised this issue with Government, who have listened to the sector's concerns and acted upon it. The Society of Local Council Clerks also helped in providing lobbying support on this issue. However, the Secretary of State has urged ‘town and parish councils to exercise restraint and make sure no council tax payer faces an increased bill’.

Payment Methods for Local Councils to be Reformed - an update

Under the changes announced by Local Government Minister Grant Shapps Parish Councils will be given the freedom to abolish outdated methods of payment and adopt modern banking methods such as electronic transfers.

The new changes will mean that Parish Councils will be given the freedom to make use of modern banking methods such as electronic banking, which will save them valuable time and enable them to carry out their business in a quicker and easier way.

However, important safeguards will also be put in place to make sure that all the payments made by Parish Councils are legitimate and that there is no misuse of the system. These checks and controls will be designed by the National Association of Local Councils and the Society of Local Council Clerks. The changes are expected to come into place subsequent to consultation and the legislative process which may be 2012.

These changes have been promised for some time and were delayed by the change of Government. The relevant official at DCLG responsible for the consultation paper and Draft Legislative Reform Order which will repeal section 150 (5) Local Government Act 1972 says that "progress has been made.... but other priorities do disrupt work on the consultation document." Any pressure which can be brought to bear on MP's or Ministers would be helpful in maintaining interest in getting this task completed.

Localism in Practice

NALC has released it’s first-ever Localism in Practice publication about local councils. This new publication, the first ever in a series over the coming months, aims to shine a spotlight on the actions being taken at the local level on a range of issues facing our communities.

These issues ranging from digital inclusion, climate change, supporting the local economy to affordable housing show local councils are being inventive, innovative and collaborative – as well as making use of the new power of well-being (soon to be the power of general competence) – to overcome barriers to deliver solutions for local people.

Cllr Michael Chater, chairman of NALC, said: “It gives me great pleasure to present this exciting publication showing examples of how local councils are delivering for people and communities and what localism and the Big Society means in practice.”

You can download the publication here.

What is localism?– New policy pamphlet

NALC’s fringe event at the Liberal Democrat Party conference saw the launch of a new policy pamphlet–What is localism?–featuring a series of essays by parliamentarians and other key thinkers on localism and the concept of the Big Society. Click here to download a copy.

Continuing Effective Engagement for Town and Parish Councils

In partnership with the Commission for Rural Communities NALC is publishing a new suite of good practice guidance materials for local councils entitled ‘Continuing Effective Engagement for Town and Parish Councils‘.

The materials cover four specific areas related to the work of local (parish and town) councils:

You can access the guidance documents here.

Parish Council and Community Council Clerks: PAYE Implementation

Previous HM Revenue & Customs’ (HMRC) guidance (EIM67320) on the tax treatment of payments made by Parish Councils to their Clerks indicated that it was acceptable for tax purposes for these payments to be made outside of a PAYE Scheme. This guidance was based on the premise that payments to Clerks fell below the PAYE tax threshold.

HMRC is now aware that many Clerks earn in excess of the PAYE and National Insurance contributions thresholds. HMRC has therefore decided to issue new guidance on the tax treatment of parish clerks. Guidance EIM67320 has been removed and should no longer be followed.

A copy of the new guidance can be downloaded from the Members’ Area of the website.

NJC Mileage Rates

The Employers have written to the unions to say that the current 2010 NJC mileage rates should continue to apply (if necessary beyond 1 April 2011) until the NJC agrees an alternative method of recompense. A copy of the Employers’ letter is available in the Members’ Area.

NJC Car Allowances 2010/11

The current allowances are available in the Members' Area.

Car mileage allowances: VAT increase

The Chancellor of the Exchequer announced in the Budget that VAT is to be increased from 17.5% to 20% with effect from 4 January 2011. As a result, the amount of VAT per mile in the petrol element of the NJC Car Allowances will change. The new figures – applicable to the current NJC mileage rates – are available in the Members’ Area.

Local Government Pay: 2011/2012

Employment Briefing E09-10 22 October 2010:  Available in the Members’ Area. This employment briefing updates Employment Briefing E07-10. Update February 2011: The LGS Employers have informed the local government trade unions that they will not be in a position to make any pay offer for 2011/12. This is in response to the unions’ claim for at least £250 on all salary points.

Pay Freeze Will Not Affect Contractual Increments

A Local Government Employers circular, available to download in the Members' Area, says that contractual increments, etc. will not be affected by the pay freeze on local government salaries.

Phasing Out of the Default Retirement Age Provisions

The Government has announced that, subject to Parliamentary approval, it will go ahead with its proposals to phase out the default retirement age provisions and the statutory retirement processes from 6 April 2011.

The Department for Business, Innovation and Skills (BIS) has published a full response to the consultation on the removal of the default retirement age. The consultation response confirms that the Government will introduce a new method of compulsory retiring older workers called the Employer Justified Retirement Age that will work by means of the age discrimination legislation in the Equality Act 2010. However, these changes mean that in the future employees will have more choice about whether to retire upon reaching pensionable age or to continue working.

Local Government Charity Toolkit

The Toolkit is a free online reference manual developed by the Charity Commission in liaison with the Local Government Association, the National Association for Voluntary & Community Action and the Commission for the Compact. It highlights key issues and is designed to help local authorities work with charities and to explain the legal and fiscal framework within which charities must operate. It is a useful guide for sub-committees and officers administering charitable assets in the council’s care and for councillors nominated to serve as charity trustees. It uses real case studies to do this and it highlights where things can go wrong and offers a range of tips on how to avoid the pitfalls. The Toolkit also provides information on the possible options for modernising, merging, or winding up charities and highlights the legal, financial and governance issues that arise from the relationship between local government and charities that can get in the way of an effective partnership.

Please see the following links to the Charity Commission website. They consist of a link to the Councillor’s Guide to a Council’s Role as Charity Trustee and a link to the Local Government Charity Toolkit:

Charity Commission Toolkit & Guidance for Local Authorities

April-2010

Councillors Guide to a council's role as charity trust - PDF

April-2010

A Place to Grow - A Practice Guide for the Management of Allotments

Following NALC and other stakeholders’ round table discussions in respect of allotments hosted by the Department of Communities and Local Government in 2009, there is a new practice guide for the management of allotments entitled a “Place to Grow’. The guide has been written by Dr Richard Wiltshire, from the School of Social Science and Public Policy, Kings College London and has been produced jointly by LGA and CLG. The Guide can be downloaded here.

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.

   War Memorials TrustWar Memorial Theft -  Prevention and solutions This helpsheet provides guidance on preventing theft from war memorials and what to do if theft has occurred. Theft commonly affects war memorials made from metals with a scrap value such as lead and bronze. It is important to take steps to assess and reduce the risks of theft before it is too late.

Making Local Food Work ProgrammePlunkett Foundation logo

The Plunkett Foundation is offering a support package to village shops to enhance their local food offering through the Making Local Food Work programme. They have a limited number of places on the scheme to help improve and stock more local food.

Making Local Food Work looks to stimulate the growth of local foods through community enterprise. To find out more about the Making Local Food Work programme please visit the website – www.makinglocalfoodwork.co.uk .

The free local food support package provides:

If you think your village shop may be interested in joining the scheme please forward on this information, or ask your shop to contact us directly and we will happily talk through the project in more depth. If you would like to find out more about the scheme please call Nicole Hamilton on 01993 814 383.

Community- Led Spaces: A Guide for Local Authorities and Community Groups

CABE and the Asset Transfer Unit have published guidance for local authorities and community groups on the transfer of parks and green spaces. Community-led spaces: a guide for local authorities and community groups provides practical advice on the issues to consider when exploring transfer. It contains advice on putting together a business case for transfer, governance, finance and communications, with checklists for both local authorities and community groups throughout.

Eight pioneering case studies taken from across England show a variety of approaches, from a charitable trust set up to manage land with a 99-year lease, to community groups that initiate ‘meanwhile’ uses of land awaiting development. The guidance can be downloaded here.

Rural Residents Wanting To Run Their Own Post Office Can Now Turn To Their Own Website for Help

An online directory of 70 community post offices has been launched to help people set up their own branch and assist those that already exist.

The directory lists community post offices around the country, explaining what they do and how they’ve done it, so others can learn from their example.The website can be accessed here.

Recently announced changes to the post office network could see many more communities looking to run their own branch, according to Consumer Focus and the Social Enterprise Coalition. The two organisations, which teamed up to compile the online facility, said up to 2000 branches could be affected.

Consumer Focus postal expert Andy Burrows said people volunteering to help keep their local post office open was an example of the Big Society at work. A survey of the 70 community-run branches shows that an army of volunteers is helping to ensure postal services are kept alive in rural and urban areas. Most of the community-run post offices are in rural areas. But a sizeable minority – almost one in five – are in urban areas. Social Enterprise Coalition chief executive Peter Holbrook said reading about how people ran their own post office would inspire others to follow suit.

“Support and advice from peers is vital for anybody starting up or taking over a business,” he said. The online directory was an easy to use tool for those interested in taking over the running of a post office or establishing new postal services.

New Community Shops Network

 An online support network for people involved in setting up and running community-owned village shops has been launched: The network, which already has 150 members, is intended to boost the number of rural communities that are taking over the management of local shops at risk of closure. The Plunkett Foundation, a membership organisation that offers funding and practical guidance on setting up community-owned or co-operative local services, set up the network.

Through its Village Core programme, the foundation provides grants of up to £20,000 – funded by the Esmee Fairbairn Foundation – and loans of the same amount that the community takes out with lender Co-operative and Community Finance. The community then raises a contribution of the same amount, which provides a total package of around £60,000 that, according to the Plunkett Foundation, is the average start-up cost for a community-owned shop.

The new Community Shops Network - register online at www.plunkett.uk.net

The Public Sector Mapping Agreement

The new Public Sector Mapping Agreement (PSMA) offers town, parish and community councils the opportunity to access a range of Ordnance Survey products. The PSMA will enable you to share that data between the public, private and voluntary sectors in your area. And local councils can register from now for a licence.

Geographical data can be used to underpin and therefore enable all town, parish and community councils to provide services, which not only meet local needs, improve quality of life and sustain community well being. They will have access to wider information and perspective which they need to make difficult choices about resource allocation, better data and intelligence at ward and neighbourhood level

From 1 April 2011 English Parish Councils and Welsh Community Councils are eligible to join the PSMA giving them access to a wide range of Ordnance Survey map data free at the point of use.

For further information, please visit our PSMA website

A Guide to Neighbourhood, Village & Town Design Statements

The OALC office has a copy of this DVD guide produced by Planning Aid, which is available for use by members. Further copies are available direct from Planning Aid: 01865 798673    sosupport@planningaid.rtpi.org.uk

Guide to Good Public Engagement in Development Schemes

Planning Aid has also published a guide to good public engagement in development schemes. The easy-to-read free guide contains practical advice and is illustrated by real examples of good practice. It has been produced in response to a growing number of requests for advice on good practice in engaging with local people in development schemes. Planning Aid provides free, independent and professional planning advice to individuals and communities who cannot afford to pay professional fees. A digital version of the free good practice guide is available to download here.

Renewable Energy Guide for Rural Communities

The Commission for Rural Communities  has worked in partnership with Action for Communities in Rural England (ACRE), the Campaign to Protect Rural England (CPRE) and the National Association of Local Councils (NALC) to produce a guide to help rural communities interested in generating renewable energy locally.

‘Get Generating: A Renewable Energy Guide for Rural Communities’gives an overview of community based renewable energy options for community groups, local councils and individuals. It provides a starting point and signposts more detailed sources of advice, information and help for rural communities to get generating and take the next step in planning and delivering their own renewable energy developments. Download ‘Get Generating: A Renewable Energy Guide for Rural Communities’


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

Legal Briefing L09-11 Code of recommended practice for Local Authorities on data transparency

This Briefing updates previous NALC Policy Briefings P05-11, February 2011 and P06-11, March 2011.

From 28 September 2011, a new code of recommended practice on data transparency (‘the Code’) applies to parish councils with a gross annual income or expenditure (whichever is the higher) of at least £200,000, all principal authorities and other bodies (as defined) such as police,  fire and rescue and National Park authorities in England.

Parish councils with a gross annual income or expenditure below £200,000 and parish meetings without separate councils are not subject to the Code.

Click here for the full briefing

Legal Topic Note 14 Byelaws

This Legal Topic Note has been updated with a new paragraph 14 to correct the amount of the maximum penalty for infringing byelaws.

The new version can be downloaded in the Members’ Area. This replaces LTN 14 issued in 2008 which should now be discarded.

Sustainable Communities Act 2007 (Amendment) Act 2010

This NALC Briefing (L03-10) updates Legal Briefing L03-09. The Sustainable Communities Act 2007 (Amendment) Act 2010 (the 2010 Act) came into force on 8 June 2010.  The 2010 Act is very short and effectively amends some of the procedure introduced by the Sustainable Communities Act 2007 (the 2007 Act). Notably,  s.5B of the 2007 Act (inserted by virtue of s.2(2) of the 2010 Act), gives the Secretary of State the power to make regulations which, if and when made, requires local authorities (as defined) to consult or otherwise involve parish councils wholly or partly in its area or to consult with local people.

A copy of the briefing can be downloaded in the Members’ Area.

Legal Briefing L08-10 ‘The future of the Standards Framework for Members of Local Authorities in England” - Update

This Legal Briefing has been updated. The updated version replaces Legal Briefing L08-10 issued September which should now be discarded. The updated version documents information published by the Department of Communities and Local Government on 1 December 2010. It is available to download in the Members’ Area of the website.

Section 137 Expenditure: Limit for 2011/2012

The Department for Communities and Local Government has confirmed that the appropriate sum for the purposes of section 137(4) (a) of the Local Government Act 1972 (“the 1972 Act”) for parish and town councils in England for 2011/ 2012 is £6.44.

This is the amount that results from increasing the amount for 2010/ 2011 (£6.15) by the percentage increase in the Retail Prices Index between September 2009 and September 2010 (that is, 4.6%) in accordance with Schedule 12B to the 1972 Act.

Responsibilities for Clearing Snow and Ice on Highways - Legal Briefing L10-10

In winter, snow and ice may make roads and pavements unsafe for traffic and pedestrians respectively.  The past two winters have prompted some parish councils in England and community councils in Wales (‘local councils’) to ask about responsibilities for keeping highways clear and if they have statutory powers to assist in clearing snow and ice.

A copy of the NALC briefing on this issue is in the Members’ Area of the OALC website.

Legal Briefing L10-08 ‘The Local Government and Public Involvement in Health Act 2007’ Update

This Legal Briefing has been updated. The updated version replaces Legal Briefing L10-08 issued in 2008 which should now be discarded. The revised version can be downloaded in the Members’ Area of the OALC website.

Lease Negotiations & Energy Performance Requirements

NALC have produced two new Legal Topic Notes, LTN 75 - Lease Negotiations and LTN 76 - Energy Performance Requirements. These are available from the OALC office.

Future of The Standards Framework For Members of Local Authorities In England

A NALC briefing of 21 September 2010 is available to download in the Members’ Area.

The Independence of Parish Councils’ Internal Audit

All parish councils’ external auditors are appointed by the Audit Commission with whom we work closely with on matters of mutual interest.  The Commission’s auditors report that some parish councils have appointed County Association staff as their internal auditors. External auditors have expressed concerns about the level of independence from councils of internal audit sourced in this way.

The purpose of this briefing (available in the Members’ Area) is to remind parish councils to ensure that the person that they decide to appoint to undertake their internal audit is not only competent to undertake such work but is also independent to the council.

Phasing Out of the Default Retirement Age of 65

The Government has announced that it will phase out the default retirement age of 65 from April 2011. A briefing from NALC is available in the Members’ area of the OALC website.

Being a Good Employer – A Guide for Parish and Town Councillors

Being a good employer – a guide for parish and town councillors is now available in the Members’ Area of the website.

The Legal Deposit Libraries Act 2003: Legal Briefing L04-10

The Legal Deposit Libraries Act 2003 (the 2003 Act) received royal assent on 30 October 2003 and came into force on 1 February 2004. The purpose of this briefing is to summarise the implications of the 2003 Act for all local councils in England and Wales, and in England, the trustees of parish meetings of parishes without a separate parish council.

A copy can be downloaded in the Members’ Area of the website.

The Local Authorities (Indemnities for Members and Officers) Order 2004 - Legal Briefing L03-05

A parish council may indemnify any action by a member or officer which has been authorised by the council, or which forms part of duties placed upon, or powers conferred on that member or officer, as long as such action has been authorised by the council or is for the council’s purposes.  Further details are contained in the Legal Briefing, which can be downloaded from the Members’ Area.

E04-10: Employees, Other Workers and the Self-Employed

This briefing replaces E11– 04 - “A Clerk’s Employment Status – Employee or Self-Employed?” and is available in the Members' Area of the website.

New Communications Toolkit

NALC has published a new communications toolkit aimed at local councils, supported and funded by the Commission for Rural Communities (CRC). The toolkit offers local councils a wealth of information on which to base their communications strategies. Although the toolkit is aimed at all parish and town councils, it is envisaged that smaller parish councils will find it particularly useful. It can be downloaded here.

Governance and Accountability for Local Councils - A Practitioners' Guide (England) 2010

The new 4th edition of the guide presents, for the first time, guidance for the largest local councils. We welcome that the 2010 and all subsequent editions will now contain guidance for all local councils regardless of size. The new edition presents proper accounting and internal audit practices for financial years 20010/11 and beyond. It can be downloaded here.

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.

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 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.

Rt Hon Grant Shapps MP, Minister for Housing and Local Government has written to the Chairman of NALC setting out his support and commitment to repeal rules regarding payments by local councils through a legislative reform order, which he intends to “set in train immediately”.

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

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. 

Section 137 Expenditure Limits for 2010/11 & 2011/12

The appropriate sum for the purposes of section 137(4) (a) of the Local Government Act 1972 for parish and town councils for 2010/11 is £6.15. The figure for 2011/12 is £6.44.

Sustainable Communities Act Amendment Act

The Sustainable Communities Act Amendment Bill has successfully passed through its final House of Commons stages and all its House of Lords stages. This backbencher Bill had such strong cross-party support as to cause the Government to give it extra Parliamentary time to ensure its success. So we now have a Sustainable Communities Act Amendment Act. This means that a second round, and an ongoing process under the original Act, is guaranteed. It also means that parish and town councils will be formally included in that process. Two things must now be ensured:

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

8th 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 is available with 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 have been 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).

 

 

For details of current consultations please visit our Consultations page.

 

Page last  updated: February 6, 2012