Democracy
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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 by-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 :-
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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.
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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
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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
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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 -
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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
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have been adjudged bankrupt or made a composition or arrangement with creditors or
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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
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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.
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Function |
Powers & Duties |
Statutory Provisions |
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Access Land |
Power to enforce bye-laws made by another authority |
Countryside & Rights of Way Act 2000, s.17 |
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Allotments |
Powers to provide allotments |
Small Holding & Allotments Act 1908, ss23,26 & 42 |
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Baths and Washhouses |
Power to provide public baths and washhouses |
Public Health Act 1936, Ss 221, 222,223 & 227 |
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Burial Grounds, cemeteries and crematoria |
Power to acquire and maintain Power to provide Power to agree to maintain monuments and memorials Power to contribute towards expenses of cemeteries |
Open Spaces Act 1906, Ss 9 and 10; Local Government Act 1972, s214; Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s.1 Local Gov. Act 1972, s.215 (6) |
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Bus Shelters |
Power to provide and maintain |
Local Government Act 1953 (Miscellaneous Provision) s.4
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Bye Laws |
Power to make bye-laws in regard to pleasure grounds, Cycle parks
Baths & Washhouses Open Spaces & burial grounds Mortuaries and post-mortem rooms |
Public Health Act 1875, s.164
Road Traffic Regulation Act 1984, s.57(7) Public Health Act 1936,s223 Open Spaces Act 1906. s15 Public Health Act 1936, s.198 |
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Charities |
Duty to receive accounts of parochial charities |
Charities Act 1960, s.32 |
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Clocks |
Power to provide public clocks |
Parish Councils Act 1957 s.2 |
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Closed Churchyards |
Powers as to maintenance |
Local Government Act 1972, s.215 |
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Conference facilities |
Power to provide and encourage the use of facilities |
Local Government Act 1972, s.144 |
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Function |
Powers & Duties |
Statutory Provisions |
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Commons and common pastures |
Powers in relation to enclosure, as to regulation and manage-ment, and as to providing common pasture |
Enclosure Act 1845 Local Government Act 1894, s.8(4) Smallholdings and Allotments Act 1908, s.34 |
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Community Centres |
Power to provide and equip buildings for use of clubs having athletic, social or educational objectives |
Local Government (Miscellaneous Provisions))Act 1976 s.19 |
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Crime Prevention |
Powers to spend money on various crime prevention measures |
Local Government and Rating Act 1997, s.31 |
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Drainage |
Power to deal with ponds and ditches |
Public Health Act 1936, s.260 |
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Education |
Right to appoint school governors |
Education (No.2) Act 1986, s.4 |
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Entertainment and the arts |
Provision of entertainment and support of the arts |
Local Government Act 1972, s145 |
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Financial Assistance |
Duty to require information |
Local Government Act 1972, s.137A |
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General Powers |
Power to incur expenditure for certain purposes |
Local Government Act 1972, s139 |
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Gifts |
Power to accept |
Local Government Act 1972, s139 |
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Investments |
Power to participate in schemes of collective investment |
Trustee Investments Act 1961, s.11 |
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Land |
Power to acquire by agreement, to appropriate, to dispose of Power to accept gifts of land |
Local Government Act 1972, ss.124,126, 127 Local Government Act 1972, s139 |
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Litter |
Provision of receptacles |
Litter Act 1983, ss.5,6 |
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Lotteries |
Powers to promote |
Lotteries and Amusements Act 1976, s.7 |
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Legal proceedings |
Power to prosecute and defend any legal proceedings in the interests of the community Power to take part in any public enquiry |
Local Government Act 1972, s222 |
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Mortuaries and post mortem rooms |
Powers to provide mortuaries and post mortem rooms |
Public Health Act 1936. s198 |
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Nuisances |
Power to deal with offensive ditches |
Public Health Act 1936, s260 |
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Function |
Powers & Duties |
Statutory Provisions |
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Highways |
Power to repair and maintain public footpaths and bridle-ways. Power to light roads and public places Provision of litter bins Power to provide parking places for vehicles, bicycles and motor cycles. Power to enter into agreement as to dedication and widening. Power to provide roadside seats and shelters, and omnibus shelters. Consent of Parish Council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway Power to complain to district council as to protection of rights of way and roadside wastes. Power to provide traffic signs and other notices Power to plant trees etc. and to maintain roadside verges |
Highways Act 1980 ss.43,50 Parish Councils Act 1957, s.3 Highways Act 1980,s.301 Litter Act 1983, ss.5,6 Road Traffic Regulation Act 1984, ss.57,63 Highways Act 1980 ss.30.72 Parish Councils Act 1957, s.1 Highways Act 1980, ss.47,116 Highways Act 1980, s.130 Road Traffic Regulation Act 1984, s.72 Highways Act 1980, s.96 |
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Open Spaces |
Power to acquire land and maintain |
Public Health Act 1875, s.164 Open Spaces Act 1906, ss.9 and 10 |
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Parish Property and documents |
Powers to direct as to their custody |
Local Government Act 1972, s.226 |
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Public Buildings and village hall |
Power to provide buildings for offices and for public meetings and assemblies |
Local government Act 1972, s.133 |
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Recreation |
Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them Power to provide gymnasiums, playing fields, holiday camps Provision of boating pools |
Public Health Act 1875, s.164 Local Government Act 1972, Sched.14 para.27 Public Health Acts, Amendment Act 1890 s.44 Open Spaces Act 1906, ss.9 and 10 Local Government (Miscellaneous Provisions) Act 1976, s.19 Public Health Act 1962, s.54 |
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Town & County Planning |
Right to be notified of planning applications |
Town and Country Planning Act 1990, Sched.1, para.8 |
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Function |
Power & Duties |
Statutory Provisions |
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Tourism |
Power to contribute to organisations encouraging tourism |
Local Government Act 1972 s.144 |
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Traffic Calming |
Powers to contribute financially to traffic calming schemes |
Local Government and Rating Act 1997, s.30 |
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Transport |
Powers to spend money on community transport schemes |
Local Government and Rating Act 1997, s.26-29 |
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War Memorials |
Power to maintain, repair, protect and adapt war memorials |
War Memorials (Local Authorities' Powers) Act 1923, s.1; as extended by Local Government Act 1948, s.133 |
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Water Supply |
Power to utilise well, spring or stream and to provide facilities for obtaining water therefrom |
Public Health Act 1936, s.125 |
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DEMOCRACY – PARTNERSHIPS & REPRESENTATION
Partnership working
The Parish Council works with community groups either through financially contributing to a project or providing use of rooms at our Pavilion to enhance local community provision of services and facilities. These can cover a wide range of activities such as providing a long lease rental for the Prestbury Tennis Club, supporting “The Little Explorers Playgroup” operating from our Pavilion in New Barn Close, retaining a designated large community plot at the Blacksmiths Lane Allotment site for use by children's groups, or part funding a project with Prestbury, Pittville Youth Charity engaging with young people during the summer months at Prestbury Road Playing Field.
The Parish Council was also able to provide facilities such as the Children's Play Area, the Multi-Use Games Area (MUGA) and the Youth Shelter on the Prestbury Road Playing Field with matched funding from Cheltenham Borough Council.
Partnership & Representation
Prestbury Parish Council is a member of the C5 Parish Group which is a partnership group formed from all the five parish councils in Cheltenham with Cheltenham Borough Council. From that partnership stemmed The Cheltenham Charter between the Borough Council and the parishes which enshrined the formal long standing relationship that we have in working together to secure efficient and effective delivery of services as well as recognising the contribution of all partners.
(C5 Parish Councils – Prestbury Parish Council, Up Hatherley Parish Council, Leckhampton with Warden Hill Parish Council, Swindon Parish Council and Charlton Kings Parish Council)
The Parish Council also joined with 165 Parishes of the 263 Parishes in Gloucestershire who signed up to the Gloucestershire Charter between Gloucestershire County Council and the Parish Councils and Town Councils in Gloucestershire, the overall aim of which is to improve relationships between the tiers of local government in Gloucestershire, paying particular attention to improving consultation and communications about policies and decisions that may affect communities.
The Parish Council also has two councillors appointed as Trustees of Prestbury United Charities , formed from a number of small village charities set up for the relief of need within the ecclesiastical Parish of Prestbury and adjoining Parishes of Swindon Village and Southam. www.prestbury.net/puc
Other bodies we have representation on are -
Cheltenham Conservation Area Advisory Panel
Prestbury Neighbourhood Coordination Group (NCG) – Whaddon Local Policing Area
Cheltenham Borough Council – Prestbury Ward
Councillor Les Godwin Tel. 01242 526649
10 Long Mynd Avenue email – This email address is being protected from spambots. You need JavaScript enabled to view it.
Cheltenham Glos GL51/3QN
Councillor Malcolm Stennett Tel. 01242 237048
7 Muscroft Road email – This email address is being protected from spambots. You need JavaScript enabled to view it.
Prestbury
Cheltenham Glos GL52/5DG
Gloucestershire County Council – Pittville & Prestbury Ward
Councillor David Prince Tel. 01242 237796
5 Finstone Close email – This email address is being protected from spambots. You need JavaScript enabled to view it.">This email address is being protected from spambots. You need JavaScript enabled to view it.
Cheltenham. Glos GL51/6LN
Gloucestershire County Council – Hesters Way & Springbank Ward
Councillor Suzanne Williams Tel. 01242 230648
34 Frank Brookes Road Email – suzanne.williams&gloucestershire.gov.uk
Cheltenham Glos GL51/OUN
Tewkesbury Member of Parliament – Prestbury
Laurence Robertson MP
Ways to contact -
By letter – The House of Commons, London SW1A 0AA
Constituency Office
22 High Street
Tewkesbury GL20 5AL
Telephone – House of Commons 020 72194196
Constituency Office 01684 291640
Email – This email address is being protected from spambots. You need JavaScript enabled to view it.">This email address is being protected from spambots. You need JavaScript enabled to view it.
Website – www.laurencerobertsonmp.com
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History of Parish Councils
The origins of Parish Councils can be linked to the development of villages all over England which dates back to Saxon and Norman times a thousand years ago. As there was little central government, villages tended to be under the patronage of local lords of the manor and with time parish priests and schoolmasters joined in the process of providing local functions such as maintaining roads and looking after the poor.
With the dissolution of the monastries in Tudor times and the decline of feudal institutions, England needed a new system to continue to provide these local services. As the whole of England was organised into individual parishes and had literate persons of authority, the parish system became an ideal replacement as everyone was required to be a member of their local church.
The Church already collected income by levying tithes (a tenth of the produce of the land and stock – usually taken in kind) and the parish system also had the advantage that it was accepted by the people. Usually the whole body of parishioners met to vote money for church purposes or elect churchwardens, and its boundaries often matched with those of the Lord of the Manor who was the important landlord and part of the previous system.
Meetings usually took place in the local church and these Vestry Meetings became the way of looking after local matters. Parish Vestries had as a consequence gained their powers by default as they were not established by act of Parliament but were seen as a ready made way of delivering local services.
Certain duties were imposed on the parishes during the Tudor period. In 1536 these duties were to collect voluntary monies to look after the poor, register baptisms, marriages and burials in 1538 and to be responsible for maintaining the highways within the parish boundaries in 1555. By 1601 Parliament made each parish fully responsible for looking after the poor of their parish and formally allowed parishes to levy a rate (property tax) to fund this. These duties would remain largely unchanged until the 19th century.
Parliament had also legislated for the parish to elect certain officers, such as Overseers of the Poor and Surveyors of Highways as well as an older post inherited from the old manorial system, the Petty Constable. Prestbury Parish had two churchwardens and two Overseers in 1674. Expenditure on poor relief in 1776 was £128, comparatively low for the size of the parish, £167 in 1803 rising to £493 by 1826. A workhouse was opened in Winchombe Lane in 1824 where women and children were employed spinning yarn but following the 1834 Poor Law Amendment Act which removed the responsibility of poor relief from Parish Vestries to the newly created Poor Law Unions, the workhouse was closed in 1835 when Prestbury became part of the Cheltenham Poor Law Union. Cheltenham Poor Law Union grouped thirteen parishes together, Badgeworth, Charlton Kings, Cheltenham, Coberley, Cowley, Great Whitcombe, Leckhampton, Prestbury, Shurdington, Staverton, Swindon, Uckington and Up Hatherley with a total of 27 governing Guardians.
The small size of many parishes had meant that it became quite difficult to perform all the duties that were required and the actions of parishes varied considerably as a consequence. This eventually led to Parliament creating new bodies to carry out specific tasks. With the creation of County Police Forces in 1839 the role of the Parish Police Constable was superseded, the registration of births, deaths and marriages passed to the General Register Office in 1837. Sanitary Boards were created in 1848 to look after drainage and provide clean water, Highways Boards in 1862 to look after roads and School Boards formed in 1879 to look after education.
By the late Victorian period it was clear that this system of various boards plus the old parishes needed to be rationalised. This led to Parliament creating County Councils in 1888 with elected Councillors who took over the administrative duties of the magistrates meeting in Quarter Sessions, responsibility for maintaining main roads and schools.
The Public Health Acts of 1872 and 1875 had divided the whole country into Urban or Rural Sanitary Districts. In 1894 the Sanitary Districts were transformed into Urban or Rural District Councils, the forerunners of today's Borough Councils.
Modern Parish Councils
Today's Parish Councils came into being under the 1894 Local Government Act which separated the functions of local government, the civil parish, from those of the Church whose functions were covered by Parochial Church Councils.
Under the 1894 Act Parish Councils were to receive their income from rates levied on agricultural land but the country was at that time in the grip of an agricultural depression and monies raised were so very low that this system was abandoned to be replaced by household rates (precepts). It wasn't until after the First World War that central government began to give serious responsibilities to Parish Councils the earliest of these being the provision of allotments and playing fields.
After the Second World War the National Association of Parish Councils was formed and by 1952 half of all Parish Councils were members. Today that membership numbers approximately 8,900 Town and Parish Councils with 70,000 elected Parish Councillors. Over 15 million people live in communities served by Parish and Town Councils nationally, representing 35% of the population
The National Association was closely followed by county associations with Gloucestershire Association of Parish & Town Councils providing advice and information for over sixty five years.
Reference sources :
British History on line – A History of the County of Gloucester : Volume 8 (C.R.Elrington)
Herfordshire Parish Council
Whetstone Parish Council
National Association of Local Councils – www.nalc.gov.uk
Gloucestershire Association of Parish & Town Councils – www.gaptc.org.uk