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Parish Council
Our parish council on the basis of its
electorate, is entitled to nine councillors,
currently (July 2009) it has of seven
Councillors. Councillors can either be elected or co-opted
onto the council. Co-option is a process where when
vacancies on the council occur mid term they can be filled
by candidates selected by the remaining councillors. Prior
to taking office a declaration of acceptance is required of
each councillor together with an entry declaring interests
in the register kept by the local council immediately above
the parish.
A council meeting is usually held once a month,
dates for these meetings
are set out in advance and posted on the parish notice
boards. All meetings including committees are open to public
and press.
All Wookey Parish Council minutes from 1999 to 2006 are on
this site, see links on right of this page. The
councillors meetings and execution of duties is controlled
by their
standing orders
a form of constitution and their behaviour and conduct
governed by the
Code of Conduct They are obliged to declare when they have personal or
prejudicial or combined interest in any matter on the
agenda, a record of these declarations are kept in a
register of interests. Councillors are not permitted to take
part in discussions nor vote on a matter in which they have
a
prejudicial interest.
The National Association of Local Councils and The Society
of Local Council Clerks have published a comprehensive
practitioners guide for councils called
Governance and Accountability
that is widely referred to and gives clear advice to
councils on all aspects of how to operate within the
boundaries of the law.
Councillors are often allocated individual
responsibilities but may not commit the council to
expenditure on their say-so. The council may also form
committees who will work to a remit on a given task and
report back to the council for action, unless the remit
specifically included delegated responsibility for action.
They may also form working parties that have to report back
to the council and may not act. Wookey Parish Council are
responsible for the upkeep of maintained properties as
well as owned properties and have to budget for these
expenses when setting the annual precept. They are also
responsible for the maintenance of the footpaths within the
parish.
Formation
Parish Councils are the very first layer of local
Government, whose responsibility it is to
represent the electorate
of the parish, this is done under the term laid down in the
Representations of the Peoples Act. Wookey Parish Council like many others was inaugurated in
1894 with the introduction of the Local Government Act of
that year, which is sometimes referred to as the Parish
Council Act.
Much has changed since 1894, despite the
impression given by the “The Vicar of Dibley” TV series.
Parish Councils are closely regulated and the amount of
administrational bureaucracy and red tape has increased in
the past few years, resulting in the lines of responsibility
now being more clearly drawn.
The Local Government Act, 1972,
is the one most often referred to when describing the modern
powers and responsibilities of Parish Councils but it is
augmented by many earlier and later Acts, such as The
Criminal Justice and Public Order, Act 1994, which, on
the face of it, would not appear to relate to Parish
Councils but which gave them a long needed ability to pay
for measures to combat crime and the fear of crime in
villages.
Powers and Responsibilities
Parish councils are permitted only to spend public money on
projects or actions for which they have
statutory powers
Breaking this rule is
likely to result in a PC’s accounts being refused by the
auditor and, possibly, the individual councillors being
required to repay the money illegally expended.
There are still, as there was in 1894, only two powers which
the Parish Council must consider using and that is to
provide allotments for the labouring poor, if asked for
them, and to provide burial grounds when the Home Office has
closed the existing (usually chuchyards when full) existing
site(s). All other powers are voluntary - the Parish
Council is not obliged to exercise them and indeed the
majority would find it difficult to raise enough money to
exercise them all on a permanent basis.
Finance
Although a parish council expenditure has not so far been
capped, their finances are governed by their statutory
powers and
financial regulations
and are limited to the amount of the
precept they can reasonably expect their
parishioners to provide. This in effect limiting their
activities according to their budget. The precept is a tax
on parish residents collected for them by the District
Council as an addition to Council Tax.
Parish Councils are permitted to borrow money
but have to bear in mind their resources to pay interest and
principal. Grants may be obtained but they are not usually
to be used for maintenance or administration costs. However,
they are, where financially possible, permitted to purchase
property, from which they may generate, a considerable
income from rents and fees. A more enterprising council
might consider running a business to generate funds an
example of this being Swanley Council, Kent who own a
seaside hotel and others who have invested in post offices.
Information
The Freedom of Information Act was introduced to encourage
transparency and openness within local government. Most
parish councils have taken a proactive approach to this act
and produced a publications scheme outlining information
which they make freely available and at what cost, (costs
are to be limited to the cost of reproducing documents).
This is a commitment by a public authority to make
certain information available, and a guide on how to get it.
Many parish council routinely allow common document such as
minutes and agendas to be viewed and downloaded free of
charge from heir websites. *All Wookey Parish Council
minutes from 1999 to 2008 are on this site, see links on
right of this page.
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