To consider any applications for dispensations received from parish or town councils. 

Wards: County Wide

The Committee considered a report outlining written applications for dispensations received from Holme Lacy Parish Council, Kington Town Council, and Kimbolton Parish Council. 

Members referred to the Relevant Authorities (Standards Committees) (Dispensations) Regulations 2002, which enabled them to grant dispensations in circumstances when the number of councillors that would be prohibited from participating in the business of the council (due to them having a prejudicial interest) would exceed 50%. 

Holme Lacy Parish Council: Four out of the seven current members of Holme Lacy Parish Council had requested a dispensation in relation to their roles as custodian trustees of Holme Lacy Village Hall.  The dispensation would enable them to speak and vote on matters pertaining to the village hall. 

Kington Town Council: Kington Town Council had requested a “block” dispensation in relation to councillors’ roles as members of the Kington Recreation Ground Trust, to enable them to discuss management issues and the purchase of items for the ground.  All councillors were automatically members of the Trust on acceptance of office.  Individual councillors were not trustees; rather, the Town Council as a corporate body was the Trustee.  The Town Council had argued that there was merit in a block dispensation in this instance because it would eliminate the need to apply for a new dispensation every time a new councillor was elected, and would mean that the dispensation would instead only require renewal every four years. 

The Legal Practice Manager reported that the Town Council had sent him a copy of the Foundation Deed of 1878, which had established the Kington Recreation Ground Trust and appointed a Board of Management, which had certain powers relating to the Grounds and a mechanism by which vacancies on the Board had been filled.  In 1910, the Charity Commission had permitted the Trust, by means of an Instrument of Variation, to amend its constitution, and Kington Town Council (or the Kington Urban District Council as it had been known at the time) had substituted for the original Board of Management.  This meant that, according to the documents supplied by the Town Council, every present-day Town Councillor was now a Trustee.  Furthermore, he advised that the Variation Document of 1910, by specifically removing named individuals, had created no alternative mechanism other than if an individual was a Town Councillor, then they were automatically a Trustee. 

The Committee agreed that it would not be acceptable to make a general rule of granting block dispensations, and that in most circumstances there was merit in naming individuals because it helped to maintain a “policing” control over a dispensation.  Members felt however, that there were exceptional reasons for doing so in Kington Town Council’s particular instance, namely:

• The proposed block dispensation related entirely to the Kington Recreation Ground and to no other matter;
• The Town Council had provided documentary evidence to support the fact that all members without exception were automatically Trustees and there was no other mechanism for becoming a Trustee;
• In accordance with the Regulations, the block dispensation would apply for four years from the date of the Committee’s resolution and would be subject to re-application at the end of the period. 

Kimbolton Parish Council: Four out of seven current members of Kimbolton Parish Council had requested a dispensation in relation to their role as members of Kimbolton Village Hall Committee.  The dispensation would enable them to consider a request from the Village Hall Committee for a donation towards the cost of redecorating the Village Hall. 

Richard Gething drew the Committee’s attention to the fact that there was some confusion amongst Town and Parish Councils about the circumstances in which they would be required to apply for a dispensation, and about the distinction between Management and Custodian trustees and its significance in relation to dispensations.  The Committee felt that it would be beneficial to issue a guidance leaflet on the subject. 

RESOLVED: (unanimously) that:

(i)                 the request for dispensations received from Mrs Christina Harris, Mrs Belinda Gwynne, Mr Kevin Lofthouse and Mr Keith Bishop of Holme Lacy Parish Council be granted until 17 February 2010;

(ii)               a block dispensation be granted to Kington Town Council in respect of the Kington Recreation Ground Trust, until 17 February 2010, subject to the provisions listed above;

(iii)             the request for dispensations received from Mr J. Jones, Mr H. Beaumont, Mr D. Underwood and Miss C. Marston of Kimbolton Parish Council be granted until 17 February 2010; and

(iv)            the Standards Committee, the Legal Practice Manager and the Herefordshire Association of Local Councils work together to produce draft guidance to Town and Parish Councils on the subject of dispensations, to be considered at the Standards Committee Meeting to be held on 21 April 2006.