Democracy

DEMOCRACY – ELECTIONS, COUNCILLORS & POWERS

There is no better way of introducing this section other than to quote Dorset Association of Parish & Town Councils (DAPTC) -

“It is a sad fact that unless you take a particular interest in the work of your local Parish Council the chances are that you will know very little about the work of a Councillor other than what you may have heard at election times and social events”.

What does becoming a Councillor involve?

The majority of serving councillors on Parish & Town Councils are a broad mix of men and women of all ages. Whilst they may have differing political views these do not extend into their parish work. What Parish Councillors have in common is an active interest in their local community and concern for it.

Councillors take collective decisions which form the policy of the Council and therefore the policy will reflect the views of the majority of the members. In addition to attending meetings of the Full Council, most Councillors are also appointed to be members of certain committees of the Council which deal with specific areas of council business. When work of a particular detailed nature is required, a special sub-committee or working party may be established to handle the matter. The committees of the Council will usually meet in a cycle of meetings and at the end of each cycle the Full Council will meet to confirm the recommendations made by the various committees and to take decisions for action.

The Parish Clerk will advise councillors on their work and where necessary will take advice from their local Association of Parish & Town Councils. Clerks are employed to implement the functions and duties of the Council as decided by the elected Councillors who must act within the law.

(Source - DAPTC)

Elections and Co-options

Parish Councillors are local residents who give up their time to try and make the Parish a better place to live and work. The Parish Council has a range of powers and duties over local facilities and Councillors make decisions which affect everyday parish life.

Councillors are unpaid and have to abide by a local government code of conduct and declare a personal or prejudicial interest if they have an interest in any matter under discussion at a Parish Council Meeting.

All members of a Parish Council have to be either re-elected or stand down every four years, unless they have been elected at a bye election. In that case, the Councillor only serves for the remaining period of the four year term from the last Parish Council election. If an insufficient number of candidates stand to contest the number of places on the Council, the candidates (Councillors) are returned as being elected uncontested. (Source – Langtoft Parish Council) LPC

For example – Prestbury Parish Council has fifteen seats, but say only thirteen people apply to become Councillors (including the Councillors who must stand down). All thirteen would be elected uncontested leaving two seats vacant. The Parish Council would then try and fill those seats by a process of co-option. Or if only fifteen people stand for election, all would be elected uncontested.

If more than fifteen people applied, then an election would take place in which all registered voters could vote for their preferred candidates

In order to become a candidate at a Parish Council election you must be sure you are eligible to stand and submit a set of nomination papers. You must have two people, who are registered voters in the Parish Ward for which you wish to stand, to be your proposer and seconder on the form.

Parish Council Elections take place every four years and are usually held on the first Thursday in May but are postponed for three weeks if the polling day coincides with that for a parliamentary General Election or a European Assembly election. Re-organisation of local government may cause alteration of the Parish Election day and Election year in some cases. (Source - LPC)

Qualifications for Candidature - (The Candidate's Guide published by Shaw & Sons Ltd)

To be qualified to be elected a member of a Parish Council a person must be 18 years of age or over at the date of his or her nomination, and a Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of another Member State of the European Community, and either :-

1. be a registered local government elector for the area of the Parish in respect of a qualifying address. The Candidate must provide his/her electoral number (this is the number in the register used at the election including the distinctive letter or number of the parliamentary polling district in which he or she is registered.

2. Have during the whole of the twelve months preceding the day on which he or she is nominated as a Candidate occupied as owner or tenant any land or other premises in the Parish providing a description and address of the land or premises

3. has his or her principal or only place of work during those twelve months in the Parish providing the address of the place of work and where appropriate name of employer

4. have resided in the Parish or within 4.8 kilometres (3 miles) thereof during the whole of the twelve months preceding the day on which he or she is nominated as a candidate.

Who cannot be a candidate

There are certain disqualifications for election (see sections 80 and 81 of the Local Government Act 1972 and section 70 of the Local Government Act 2000. Broadly speaking you cannot become a candidate if you -

1. hold a paid office under the Parish/Local Authority or a politically restricted post (as defined in Part 1 of the Local Government & Housing Act 1989) or

2. have been adjudged bankrupt or made a composition or arrangement with creditors or

3. have been sentenced to a term of imprisonment of three months or more (including a suspended sentence) without the option of a fine, during five years before election day or

4. have been disqualified under Part 111 of the Representation of the People Act 1983 or under the Audit Commission Act 1998

For further details please check with Electoral Officer, Cheltenham Borough Council, Municipal Offices, The Promenade, Cheltenham. Email : This email address is being protected from spambots. You need JavaScript enabled to view it.

Co-option Process

If a process of co-option is used, the Parish Council may co-opt when it wishes to fill a vacancy, subject to the qualification requirement for being a local councillor. The person co-opted must receive a majority of votes of those councillors present and voting at the meeting at which the co-option takes place. Co-option vacancies will be advertised and applicants asked to submit a CV in order that councillors can assess suitability for and understanding of the role.

Powers – What can Local Councils Do? (Source – National Association of Local Councils)

The powers which have been vested in Parish, Town and Community Councils by Acts of Parliament are summarised as a guide to Councillors and others. Each description is brief and it intended to be a general indication. Like all powers given to public bodies the powers of local councils are defined in detail in legislation and these details may include a requirement to obtain the consent of another body (for example the approval of the County Council to the provision of a car park). Local Councils must exercise their powers also subject to the provision of the general law (for example planning permission is necessary for a sports pavilion). Information on all these details should be in the hands of the Clerks of the Council.