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CLERK'S BRIEFING NOTE

Fund-Raising Committee Proposal

PROPOSAL TO SET UP A COMMITTEE OF THE PARISH COUNCIL TO RUN PAVILION FUND-RAISING EVENTS

1. Insurance of a fund-raising event on Parish Council land.  A letter from the Allianz Insurance Company dated 07/07/08 states that the Parish Council’s £10,000,000 public liability cover would apply if it set up a committee complying with the following criteria to manage an event:

  1. The minutes of the meetings of the committee form part of and are incorporated into the minutes of the Parish Council.

  2. Meetings of the Committee are open to the public in the same way as the Parish Council’s are.

  3. Any accounts of the Committee form part of the accounts of the Parish Council and are subject to the Council’s audit.

2. Fund-raising events for the pavilion in Sedlescombe.  At a meeting of the Pavilion Fund-Raising Group on 14/07/08, it was decided that the Parish Council should be asked to set up a committee of the Parish Council to manage the proposed fayre on the Village Green on 27/09/08.

 

3. Legal situation regarding Committees of Parish Councils.  Committees of Parish Councils are governed by the Local Government Act 1972 (LGA 1972).  Section 102 of the Act gives Councils the power to fix the number of members, the terms of office of the members and the area within which the Committee is to exercise its authority.

 

4. Types of Parish Council Committees.  Local councils may invite non-councillors to sit on two types of council committees:

  1. Committees set up to discharge the functions of a Council are obliged to include at least one councillor (pursuant to section 102(3) of the LGA 1972).

  2. Advisory Committees known also as working parties, groups, panels pursuant to section 102(4) of the LGA 1972 set up to advise a council in any matter relating to the discharge of their functions.

5. Non-councillors on Parish Council Committees.  Section 102(3) of the 1972 Act provides that a person can be appointed as a non-councillor member of a Committee unless they have been disqualified pursuant to section 104 of the 1972 Act (holding paid office or employment with the Council, being subject to a bankruptcy restrictions order or interim bankruptcy order, having been convicted of any offence with a sentence of at least 3 months in last five years, having being found guilty of corrupt or illegal practices or of incurring unlawful expenditure).

 

6. Voting rights of non-councillors on Parish Council Committees.  By virtue of section 13 of the Local Government and Housing Act 1989, most non-councillor members of Committees (and sub-Committees) do not have voting rights.

 

7. Non-councillor voting members of Parish Council Committees and the Code of Conduct.  If a non-councillor member of a Parish Council Committee is given the right to vote, he/she must conform to the Code of Conduct adopted by the Parish Council.  Section 49(7) of the Part III of the LGA 2000 defines a “co-opted member” as a person who is not a member of the Council but who is a member of one of its Committees or Sub-Committees and who is entitled to vote on any question which needs to be decided at any such meeting.  A co-opted member will have to complete the declaration of interest form and to declare interests as required.

Because of the Code of Conduct complications, it is probably best if the non-councillor members are not allowed to vote at the Committee meetings.  However, if there is only one councillor on the Committee, he/she will make all the decisions.

 

8. Proposed Fund-Raising Committee.  Owing to the urgency of the situation, an Emergency Meeting of the Parish Council should be held on Tuesday 29 July 2008 at 19:30 at which the Parish Council will be asked to consider the proposed Committee and to resolve:  That the Parish Council should set up an executive Pavilion Fund-Raising Committee with membership of ............ (as approved at meeting).

 

Terms of Reference to be: To run events in Sedlescombe to raise money for the proposed Sedlescombe sports pavilion.

 

All meetings of the Committee to be open to the public and to include an item allowing members of the public to speak on matters on the agenda.

 

Quorum of the Committee to be three including one parish councillor.

 

15 July 2008