Contact: Graham Linecar, ext 7390

1. Summary

1.1. The following decision is sought:

1. To endorse the attached comments submitted by the Leader on behalf of the County Council on a consultation paper on parish and town councils.


2. Reason

A consultation paper on how principal authorities should work closely in partnership with parish and town councils was published for consultation in November 2001. It required responses to be made by 14 February.


3. Other options considered and rejected:

_ None


4. Conflicts of interest declared by the decision maker or a member or office consulted - Not applicable


5. Dispensation granted by the Standards Committee - Not applicable.


6. Reason(s) for the matter being deal with if urgent - Not applicable.

Approved by: Date:

Councillor T K Thornber

Contact: Graham Linecar, ext 7390

1. Background

1.1. In November 2001 a consultation paper was published on relationships between principal authorities and town and parish councils.

It was drafted by:

Department for Environment, Food and Rural Affairs
Department of Transport Local Government and the Regions
Local Government Association
National Association of Local Councils
The Countryside Agency

1.2. It follows up the commitment in the Rural White Paper to consult on how a Quality parish or town council might be designated and work with principal authorities. It provides a `best practice guide' to how principal authorities should work in partnership with all town and parish councils whether reaching Quality status or not and proposes a `model charter' setting out the principles of that relationship.

1.3. It is intended, following consideration of representations on this consultation paper and further discussion between the organisations involved in drafting it, to issue guidance to principal authorities and parish and town councils `in the spring of 2002.' The use of the word `guidance' implies that it will be non-statutory and advisory rather than mandatory. It will presumably be drafted and issued jointly by the organisations involved in preparing the consultation paper.

1.4. The Leader's annual meeting with the Chairman, Treasurer and Director of the Hampshire Association of Parish and Town Councils (HAPTC) took place on 20 December 2001 and was an opportunity to discuss both organisations' responses.

1.5. The County Council signed a `Parish Charter' with HAPTC in May 1996. It set out as a formal agreement long established practices for working in partnership. It included the main purposes and intention of the `model charter' proposed in the consultation paper. The Parish Charter does however need revision to reflect the County Council's new constitution and the setting up of Local Strategic Partnerships.


2. Proposals of the consultation paper

2.1. That in all areas in which there are parish and town councils there should be a charter setting out how the principal authority will work in partnership with parish and town councils and that local charters `should be based on' a model charter; the phrase `should be based on' is not further explained and so it is unclear whether the matters covered in the model charter are intended to be prescriptive or illustrative and for guidance only.

2.2. An addition to statutory guidance on Best Value requiring consultation with parish and town councils and inclusion in the Best Value Performance Plan of a statement summarising the main provisions of the charter.

2.3. To include in the guidance principles governing financial arrangements between principal authorities and parish and town councils. The draft model charter includes these principles as a proposed agreed statement.

2.4. Proposed criteria for assessment of Quality parish and town councils and arrangements for accreditation. The model charter indicates the additional arrangements intended between a Quality town or parish council and its principal authorities.


3. County Council's Representations

3.1. The attached sets out the representations made by the Leader on the proposals in the consultation paper.

3.2. The proposal that a charter should be agreed between a principal authority and all parish and town councils in its area is welcomed and supported. The County Council does not support a prescriptive formula of scope or content and would wish to have the freedom and flexibility to negotiate with HAPTC review and revised statement of the present Parish Charter reflecting agreed purpose and intent.

3.3. The representation expresses reservations about a model charter seeking to codify all aspects of the County Council's relationship with parish and town councils. It should not be a statement of `good practice' or repeat agreements and arrangements set out elsewhere.

3.4. The County Council would not wish to comment on proposed assessment and accreditation arrangements - which are matters on which parish councils should themselves be in agreement. The County Council would not, however, wish to see lack of Quality status standing in the way of it working in partnership with individual parish and town councils.

Recommendation

1. To endorse the attached comments submitted by the Leader on behalf of the County Council on a consultation paper on parish and town councils.


Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act.

File Location

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