From: Mark Jones [Mark.Jones@standardsboard.co.uk]
Sent: 03 January 2007 17:52
To: Donaldson, Heather
Cc: Freda Sharkey; Natalie Ainscough
Subject: RE: Dispensation Regulations 2002 - Query about Para 3.1 (i)

Thanks for your query.

Although the Standards Board cannot give definitive advice in relation to specific factual situations, the following general guidance may be of some assistance.  It should be noted that the Standards Board's Ethical Standards Officers are operationally independent.  Whilst Ethical Standards Officers will be guided by the views of the Standards Board nothing contained in this e-mail should be taken as binding on them.

For a more definitive interpretation of these regulations you really need to contact the DCLG as they produced the statutory instrument without much input from anyone as I understand it. The Dispensation Regulations were drafted by the government to enable parish council members with prejudicial interests to take part in meetings where over 50 per cent of the meeting would otherwise be prevented from participating.  Any questions about the content or operations of the regulations can be addressed to the DCLG at –

Contactus@communities.gsi.gov.uk (general enquiries)

Address:
Communities and Local Government
Eland House
Bressenden Place
London
SW1E 5DU

Fax: 020 7944 4101

They aim to respond to all written correspondence within 15 working days.

Are entitled

My interpretation of the words "are entitled" is that this refers to all those members (usually including co-optees) who are on the committee (i.e. entitled to participate in any meeting). So, generally it will not be possible to grant a dispensation to members unless at least 50% of them would be prevented from taking part in a meeting.

Or required

My interpretation of the effect of the words "or required" you refer to is that it may allow a dispensation to be granted to a member by a standards committee which would only be effective when non-attendance at a particular meeting by that particular class of member would render the meeting incapable of taking place. (e.g. parish representative at a standards committee meeting or where the quorum is set at more than 50% of the membership of the body concerned).

I do not think it can be a reference to a quorum in general. If it was there would appear to be no point in having the reference to 50% of those entitled to participate since this would pretty well always exceed the quorum and, therefore not need to be there.

An additional problem with reading it as meaning 50% of the quorum is what happens in the following situation. A dispensation is granted to two members of a parish council to be used only when the council meeting would otherwise be inquorate. There is a future meeting at which 3 other members intend to attend. The quorum is 4. Which of the two members with a dispensation can attend? Legally, can they both be given dispensations which would allow them to attend? It would appear not since; on each occasion when the dispensation would apply the number of members who cannot participate must render the meeting inquorate.

In the end it is a matter for your standards committee to deal with these regulations as best they can, given their ambiguity. The advice we have given on our website about them is as far as we feel able to go in trying to clarify what they mean. It is not likely that the Board or Ethical Standards Officers would challenge any reasonable interpretation of the regulations. Hopefully the DCLG can shed some more light on what they mean for you.