Assertion 10, Standards and Sanctions & a new IT Policy Template!
Dear Colleagues
Are you wading ready? I was hoping to get a last cut of the grass now all the leaves seem to have fallen, but it’s a little damp out there! Still no need, yet, to break out the heavy coats and gloves.
We are hurtling through November and still running at full pace. This week some of our clerks attended a joint session with Northamptonshire ALC for Cemetery Training presented by the ICCM. We also had the NALC AGM. I enjoyed a meeting with representatives from our Executive Board to begin exploring how we recruit representatives to our Executive Board in future,
As wonderful as all these events are, the highlight for me this week, was attending the Stoke Poges Parish Council meeting. Regrettably, I was late, having been directed away from the correct venue by a helpful teenager, I now know Stoke Poges quite well! However, I made my way back and I am delighted to announce that they resolved to rejoin BMKALC. This brings us to 100 % membership for Buckinghamshire and Milton Keynes Town, Parish and Community Councils. This is rare in the country and the first time in our 78 years history. I know you will join me in welcoming Stoke Poges to the family and we look forward to seeing them at our events soon.
Other news, not quite as exciting as that, were notices from the Home Office re Martyn’s Law common questions, Government re standards and sanctions and the consultation on audit practices for local councils. I’ll start with the Home Office and Martyn’s Law.
Please note that the responses below do not constitute legal advice. It remains the responsibility of each local authority to seek its own legal advice on the application of the Act’s provisions to their building or premises.
Q1.What is the scope (criteria) for qualifying premises
Premises that satisfy the following four criteria fall within scope of the Act, in accordance with section 2:
- There is at least one building on the premises. The premises must consist of a building (including part of a building) or a building and other land;
- The premises are wholly or mainly used for one or more of the uses specified at Schedule 1 to the Act, e.g. a restaurant or a shop.
- It is reasonable to expect that at least 200 individuals (including staff) may be present at the same time at least occasionally, in connection with one or more uses specified in Schedule 1; and
- The premises are not excluded under Part 1 of Schedule 2 to the Act.
Q2. What are the exclusions under Schedule 2 to the Act
Schedule 2 to the Act details excluded premises and events, including certain transport premises, and those premises occupied by Parliament, the devolved legislatures, and devolved administrations. These premises are excluded as there are already comparable security provisions to the Act in place, either required through other legislation (for example applying to the excluded transport premises), or achieved through other means. Schedule 2 also excludes some open-access premises which might otherwise be captured within scope, e.g. parks. gardens, and other open-air premises used for recreation or leisure, where there are no measures in place to restrict access. This was considered a necessary exclusion, given that the Act primarily applies to premises and events where there is control of access.
Q3. How could Local Authority buildings fall within scope of the Act
One of the four criteria for qualifying premises is that the premises are wholly or mainly used for one or more uses specified within Schedule 1 to the Act. Schedule 1 (para 17) includes premises for the provision by a public authority of facilities or services to visiting members of the public. A public authority is detailed as being a person exercising functions of a public nature, for example a Local Authority. There are also other Schedule 1 uses relating to entertainment and leisure activities, libraries, museums and galleries, halls and other venues for hire for activities, and visitor attractions. Where premises meet this and the other qualifying premises criteria, they will be considered as qualifying premises which must meet the Act’s requirements.
The Act does not apply to the Crown. Premises which would otherwise be in scope which are operated by crown servants are not subject to the Act and its requirements. The provisions do have effect at premises which are operated by a third party (non-crown servants) on Crown land e.g. a retail premises on The Crown Estate.
The Home Office is undertaking a New Burdens Assessment and considering the findings of this and any cost implications for public authorities.
Next to Standards and Sanctions. This week the Government announced its plans for new powers to enable councils and mayors to suspend members for serious misconduct, withhold allowances, and implement a mandatory code of conduct This is significant step and you can read the full details here. Strengthening the standards and conduct framework for local authorities in England – consultation results and government response – GOV.UK. We are still reliant on waiting for parliamentary time and I am writing to all our MP’s to ask for their support when it comes to the House, I urge you to do the same whilst inviting them to speak to you about the impact on local councils, which leads to the loss of experienced officers and councillors, and ultimately results in a democratic deficit for our communities.
SAPPP and CIPFA launch consultation on proper practices for smaller authorities . This new joint consultation is to gather views on the proper practices that guide how smaller authorities are governed and manage their finances. Proper practices are mandatory for all smaller authorities in England
The consultation will focus on two key areas:
- Presentation of accounts — Making financial information clearer, more consistent, and easier for everyone to understand.
- Internal auditor competency — Ensuring that audit standards are strong, practical, and fit for purpose.
This consultation can only be as good as the information it receives, please take part. Look at the Invitation to Comment for the consultation questions and more information on the review of proper practices. You can provide your responses to the questions by completing the form. The consultation closes on 2 January 2026.
Assertion 10 coming to your AGAR next year may feel like an added responsibility to smaller councils, covering data protection, transparency, and accessibility. But help is here. NALC have announced a new free event, Assertion 10 Made Simple: Strengthening Governance and Compliance, on 2 December 2025, to learn more about their suite of brand-new resources to make compliance simpler, clearer, and more achievable for every parish and town council. If you aren’t Assertion 10 ready, or are under any doubt as to what and if you have to do anything, I urge you to attend.
Additionally NALC have introduced their new IT Policy, designed to help parish and town councils meet the requirements set out in paragraph 1.54 of the proper practices. Compliance with this requirement is tested under Assertion 10 of the Annual Governance Statement (Section 1 of the Annual Governance and Accountability Return). The template policy helps parish and town councils to set expectations for appropriate use of equipment and systems, raise awareness of risks associated with IT use, safeguard the council’s data and digital assets, clarify what constitutes acceptable and unacceptable use, and outline the consequences of policy breaches. You can download the template policy on their website. You will need your login details.
Next week SBALC have their AGM on Monday in Beaconsfield, I attend as an observer the BC Emergency Resilience exercise on Tuesday being held in Wingrave and our CiLCA 2025 candidates round off their year of portfolio training on Wednesday.
Voting in now open for you to cast your votes in the NALC 2025 governance elections. There is a strong list of candidates stepping forward to help shape the future of local government on the national stage, including representatives from our family. Voting is open from 10 November to 28 November 2025. All parish and town councils in membership are encouraged to take part in this vital process to choose their representatives on our Larger Councils Committee and Smaller Councils Committee. Each council can cast one vote per election. It is important to note that larger parish or town councils should only vote in the Larger Councils Committee election, and smaller parish or town councils should only vote in the Smaller Councils Committee election. Please visit their website to register to cast your vote.
So, with that, Jess and I will leave you to your weekend, we hope you’ll find some time to relax and recharge, and we will look forward to speaking with you again next week. Lorraine will be back with us from the 24th.