Parish Council

What are we and who are we.

Gunthorpe parish council is a civil local authority, which is the lowest tier of local government Parish councils are elected corporate bodies, with variable tax raising powers, and we carry out beneficial public activities in geographical areas known as civil parishes. 

We receive the majority of our funding by levying a precept upon the council tax paid by the residents of the parish covered by the council. 

We are made up of unpaid councillors who are elected to serve for four years: 

Their activities fall into three main categories: representing the local community, delivering services to meet local needs, and improving quality of life and community well being.

What we can do.

Parish councils have the power to tax their residents to support their operations and to carry out local projects, and this is done through the council tax system as mentioned above.

 Although there is no limit to the amount that can be raised, the money can only be raised for a limited number of purposes, listed below, as defined in the 1894 Act and subsequent legislation.

Compared to higher tiers of English local government, parish councils have very few statutory duties (i.e. things they are required to do by law) but have a much more extensive range of discretionary powers which they may exercise voluntarily. For this reason, there are large variations in the activities of parish councils, depending on their size, resources and abilities.

What we can spend the Parish tax on

We may exercise powers to provide, maintain and manage certain facilities. There are large variations in the facilities provided by parish councils, but they can include any of the following: 

• Buildings for community use, such as village halls, town halls or community centres.
• Recreational facilities such as parks, playgrounds, playing fields and swimming baths
• Cemeteries and crematoria
• Litter bins
• Public seats
• Public Toilets
• Public Clocks
• Cycle and motorcycle parking
• Maintenance of rights of way
• Guardianship of common land(such as village greens)
• Maintenance of war memorials
• Provision, maintenance and protection of roadside verges

Consultative powers

Parish councils have the statutory right to be consulted by the local district, borough, county council or unitary authority on:

• All planning applications in their areas
• Intention to provide a burial ground in the parish
• Proposals to carry out sewerage works
• Footpath and bridleway (more generally, 'rights of way') surveys
• Intention to make byelaws in relation to hackney carriages, music and dancing, and street naming
• The appointment of governors of primary schools

Miscellaneous Powers

Parish councils may also exercise the following powers:

• Sponsoring public events
• Support of the arts and provision of entertainment
• Encouragement of tourism
• Providing grants to local voluntary organisations
• Funding crime prevention measures
• Providing grants for bus services, and funding community funding schemes
• Contribution of money towards traffic calming schemes
• Cleaning and drainage of ponds, watercourses and ditches
• Power to obtain water from any well, spring or stream
• Creation of a neighbourhood plan 
• Power to acquire or dispose of land
• Withholding of consent to stop up unclassified highways and footpaths
• Appointing trustees of local charities
• Power to make byelaws in regard to pleasure grounds, cycle parks, open spaces and burial grounds. 
• Under the 2021 Environment Act, public authorities (including town and parish councils) operating in England must consider what they can do to conserve and enhance biodiversity.

 

Our Meetings 

The central function of the Council, the making of local decisions and policy relevant to the public interest of the parish, is performed at the meetings of the Council. Gunthorpe parish council holds an annual meeting and a meeting each month when permissible. An extraordinary meeting may be called at any time by the chairman or members, but due notice must be given.

The council consists of no fewer than five elected parish councillors, including the chairman, and a quorum of the main council committee is at least one-third of the members, or three members, whichever is the greater. Gunthorpe has 7 council members.

Every meeting is open to the public, who are encouraged to attend, except for those items where the Council formally resolves to exclude the public and press on the grounds that publicity would be prejudicial to the public interest. This would have to be due to the confidential nature of the business. This latter also applies to any subcommittee of the parish council.

We can and do form committees with delegated powers for specific purposes; however these must adhere to the protocols for public attendance, minute-taking and notice of meetings that apply to the main Council. A committee may form sub-committees. We can also appoint advisory groups which are exempt from these constraints to give flexibility, but these have no delegated powers and cannot make financial decisions. Such groups may contain members who are not councillors.

Public notice of meetings of the council and its committees must be given at least three clear days before and be displayed in a "noticeable place" in the Parish, giving time, date and venue. A summons to attend the meeting is also issued, specifying the agenda, to every member of the Council. Items not on the agenda cannot be formally debated or resolved. Items brought up by the attendance of the general public or in correspondence can be discussed, but formal resolutions on these must be deferred if they are not covered by the existing agenda to the next meeting so that due notice can be given. It is common practice to have a "public participation" item at the beginning of the agenda so that the public knows the time when this will occur. (normally the 3rd Wednesday of every month at 7:15pm in the village hall.)

The minutes of the meeting are taken by the clerk, and are ratified at the next meeting of the council. They are also be displayed in the notice boards of the parish, they are now also displayed on the internet.

Procedures for the conduct of meetings are set out in Schedule 12 of the Local Government Act 1972 and where this is not overridden by legislation, by the standing orders of the Council. We have adopted the National Association of Local Councils (NALC) model standing orders.

Councillors are expected to adhere to the "Nolan Principles" of conduct in public life 

The Nolan Principles of Public Life are a set of ethical standards for those in public office, established by the Committee on Standards in Public Life. They include:

Selflessness: Decisions should be made solely in the public interest.

​Integrity: Public officials should avoid placing themselves under any obligation to outside individuals or organizations.

Objectivity: Decisions should be made based on merit and should be impartial.

Accountability: Public officials are accountable to the public for their decisions and actions.

Openness: Public officials should be open about their decisions and actions, and should provide reasons for them.

Honesty: Public officials should declare any private interests that might influence their public duties. Leadership: 

Leadership: Public officials should promote and support these principles by leadership and example

Administration

The administration of the Council is managed by its Clerk, a paid employee appointed by the council, who acts in a combined statutory role of Proper Officer (secretary or chief executive) and Responsible Financial Officer (treasurer). 

The Clerk as the Proper Officer "enacts" (cause to happen) the decisions of the Council, and they receive official correspondence and issue correspondence on the instructions of the Council.

The clerk also prepares agendas for meetings of the Council and its committees, gives notice of these to the Council members and the public, and records and publishes the minutes of these meetings.

The Clerk is the formal point of contact with the public, and a source of information for the public about the Council's activities. The necessary financial monitoring and reporting are the clerk's responsibility, and in this role the clerk is known as the "Responsible Financial Officer" (RFO) of the Council.

The clerk also provides procedural guidance for the Council itself, and ensures that statutory and other provisions governing or affecting the running of the Council are observed.

A councillor cannot become the paid clerk of their council, due to conflict of interest, but they can be appointed on an unpaid basis; preferably temporarily. A councillor cannot become a paid clerk until 12 months after leaving office.

Elections 

The cycle of the parish council elections is four years, and councillors are elected by the block vote system, with voters having the same number of votes as seats on the council, in a secret ballot. Those candidates with the highest number of votes sufficient to fill the number of vacant seats are elected. The legislation provides that the number of elected members of a parish council shall not be less than five in our case. 

The timing of the election cycle is usually linked to that of the election of a district councillor for the ward containing the parish. We in Gunthorpe are not in line with this due to historical events.

A candidate must be at least 18 years old and a British citizen, an eligible Commonwealth citizen and candidates must state on their consent for nomination form their qualification for election, which must be at least one of the following:

• they are a registered elector of the parish
• during the whole of the 12 months before the day of nomination and the day of election they have occupied, either as owner or tenant, any land or other premises in the parish.
• their main or only place of work is in the parish during the whole of the 12 months before the day of nomination and the day of election.
• they have lived within 4.8 kilometres (3 miles) of the parish boundary for 12 months before the day of nomination and the day of election.

The chairman of the previous council shall remain in office, even if not elected to the newly constituted council, until a new chairman is appointed at the first meeting of the new council.

Uncontested Elections

Where there are an equal number or fewer candidates than there are vacancies, all candidates are elected unopposed, and no poll is taken. Where there are fewer candidates than vacant seats, the parish council has the power to co-opt any person or persons to fill the vacancies. This power, however, may only be exercised if there is a quorum of councillors present and within 35 days of the election.

If the parish council fails to fill the vacancies within this period, the district council may dissolve it and order fresh elections. If there is not a quorum elected the district council must dissolve it and order fresh elections. 

Contested Elections

Where there are more candidates than vacancies, a poll must be held. Undivided parishes, or multi-member parish wards. 

Casual vacancies

If a vacancy occurs during the term of a parish council, it may be filled by either election or co-option. Elections only occur if, following the advertisement of the vacancy for 14 days, 10 electors send a written request to the returning officer. If no request is received, the parish council will be required to fill the vacancies by co-option. If vacancy occurs within 6 months of a scheduled election, then a by-election cannot be called, but the council has the power to co-opt. The nomination qualifications required of a candidate for co-option are the same as for those for election.

If the number of vacancies on the parish council is such that there is no longer a quorum, the district council may temporarily appoint persons to bring the council up to strength in the interval prior to an election. 

See the section on Parish council members to see who represents Gunthorpe Parish Council at this time