Dispensation Policy

Cassington Parish Council

DISPENSATIONS PROCEDURE GUIDE

Introduction

Parish Councils are now responsible for determining requests for dispensation by a Parish Councillor under Section 33 of the Localism Act 2011. The dispensation allows a decision to be made where the Council/Committee would otherwise be inquorate, by virtue of the number of Councilliors having an interest and being therefore unable to take part. A dispensation enables Councillor(s) to take part in Council business where this would otherwise be prohibited because they have a Disclosable Pecuniary Interest or another interest. Provided Councilliors act within the terms of their dispensation there is no breach of the Code of Conduct or the law.

Please note: If a Parish Councillor participates in a meeting where they have a Disclosable Pecuniary Interest and they do not have a dispensation, they may be committing a criminal offence under s34 of the Localism Act 2011.

Process for Making Requests

Any Councillor who wishes to apply for a dispensation must complete a Dispensation Request form and submit it to the Proper Officer of the Parish Council (ie the Parish Clerk) no later than 5 days before a meeting which the dispensation is required. A request for dispensation must be made on an individual

basis. Consideration by the Parish Clerk on behalf of the Parish Council, the authority to grant dispensations. The Council to delegate this role to the Clerk and to make a formal resolution to this effect, on the lines of: “RESOLVE that the Council delegates the power to grant dispensations to the Clerk.

The power rests with the relevant Authority under section 33(1) of the Localism Act 2011 and the basis is set out under section 33(2). ” The Clerk or the Council may grant a dispensation to a Councillor who has a Disclosable Pecuniary Interest to participate in any discussion of a matter at a meeting and/or to participate in any vote on the matter if they consider that:

1. So many members of the decision-making body have disclosable pecuniary interests that it would impede the transaction of the business (i.e. the meeting would be inquorate); or
2. The authority considers that the dispensation is in the interests of persons living in the authority’s area; or
3. It is otherwise appropriate to grant a

The Council may wish to extend the provisions of the above paragraphs to apply in the same way in the case of a “non-disclosable pecuniary interest” or an “other interest”, as defined in the Code of Conduct, but this is at the discretion of the Council. The Clerk or Council should formally notify the Councillor of their decision and reasons in writing at the earliest opportunity and in any event within 5 working days of the

decision.

Criteria for Determination of Requests

In reaching a decision on a request for a dispensation the Clerk (as appropriate) will take into account:

• the nature of the Councillor’s prejudicial interest
• the need to maintain public confidence in the conduct of the Council’s
• the possible outcome of the proposed vote
• the need for efficient and effective conduct of the Council’s business
• any other relevant circumstances

Terms of Dispensation

Dispensations may be granted:

• for one meeting; or
• or a period not exceeding 4 years

Disclosure of Decision

Any Councillor who has been granted a dispensation must declare the nature and existence of the

dispensation before the commencement of any business to which it relates. A copy of the dispensation will be kept with the Register of Councillors’ Interests.

Recommendation:

The Council to delegate this role to the Clerk and to make a formal resolution: “RESOLVED that the Council delegates the power to grant dispensations to the Clerk.

Cassington Parish Council

Dispensation Request Form

Request for Dispensation Under Section of the Localism Act 2011

Name of Applicant:                                                                                                          

Description and Nature of Interest:                                                                                                            

Dispensation  Required For:                DISCUSSION ONLY Please delete

As appropriate                 DISCUSSION AND A VOTE

Date of Meeting:

OR

Period for which Dispensation is sought

(not exceeding 4 years)                                                                                                     

Explanation as to Why dispensation is sought ________________________________________

Signed: _____________                                                     Date:                                       

DECISION: