As we move further into the autumn season, we hope your preparations for budget setting, year-end planning and Remembrance events are progressing smoothly. This week we are sharing some useful member resources, upcoming Buckinghamshire Council planning surgeries, and a selection of recent NALC legal updates that address several common enquiries received by councils.
Please find attached the Council Registration Form, details of the Employee Assistance Programme available to member Councils, and all forms for the Buckinghamshire Council Planning Surgery sessions running from October to December.
NALC Legal Update
Removing Restrictive Covenants on Council Land
A parish council recently succeeded in applying to the Upper Tribunal to modify a restrictive covenant affecting council-owned land. The original covenant restricted the use of a building solely as a doctor’s surgery. Following the relocation of the medical practice and the inability to secure a replacement provider, the council successfully broadened the permitted use to “medical and health uses”.
This provides a useful example of how councils may be able to address restrictive covenants that have become impractical whilst continuing to serve local community needs. Read more about the case here.
Calling Extraordinary Meetings
NALC has recently received several enquiries regarding the correct procedure for calling an extraordinary meeting.
Under Paragraph 9 of Schedule 12 to the Local Government Act 1972:
- The Chair may call an extraordinary meeting at any time.
- Two councillors may submit a signed request to the Chair.
- The Chair must call the meeting within seven days of receiving the request.
- Only if the Chair fails to do so may the councillors call the meeting themselves.
Importantly, the seven-day requirement relates to calling the meeting, not holding it.
City Status and Parish Councils
NALC has clarified that city councils remain parish councils in law. City status is granted by Royal Prerogative to an area rather than through legislation. Councils serving those areas may style themselves as city councils and their Chair may use the title Mayor.
Such councils remain relatively uncommon.
NALC advice note on alternative names and styles for parish councils.
Votes of No Confidence and Parish Polls
NALC has confirmed that a vote of no confidence has no legal effect and is not binding on a parish council.
Similarly, a vote of no confidence does not trigger a parish poll. The statutory provisions governing parish polls operate independently of any vote of no confidence.
NALC’s advice note on meetings of parish meetings quotes Paragraph 18 (4) of Schedule 12 to the Local Government Act 1972: “A poll may be demanded before the conclusion of an assembly on any question arising at the assembly; but no poll shall be taken unless either (i) the person presiding at the meeting consents or (ii) the poll is demanded by not less than ten, or one-third of the local government electors present at the meeting, whichever is less”. A parish poll has no connection with a vote of no confidence.
Religious Elements of Remembrance Events
Section 138B of the Local Government Act 1972 confirms that local authorities may support, facilitate or participate in events containing a religious element.
This includes supporting church services or other religious activities associated with Remembrance Day events.
Updated NALC Legal Briefings
- data protection following statutory changes to data protection complaints handling.
- members’ conduct and the registration and disclosure of their interests in England, further to a legislative change to the Localism Act 2011 introducing a requirement for councillors’ residential addresses not to be published in the public register of interests.
- celebrations and similar events,
- easements over common land and village greens,
- helping village halls,
- local council powers to provide parking spaces,
- meetings of parish meetings
- responsibilities of councils as landowners to remove outdated references and improve
Councils may wish to review these updates where relevant to their work.
BMKALC Training and Event Reminders
A reminder of the wide range of training and development opportunities available through BMKALC. Whether you are a new councillor, an experienced clerk, or looking to refresh your knowledge, our training programme offers sessions covering governance, finance, planning, employment, community engagement and more.
Upcoming Sessions :
- The Experienced Councillor: Leadership In The Community(LAST FEW TICKETS)Two day in-person workshop, October 22nd & 29th
- Raising the Bar: Behaviour, Standards & Public Trust in Local Councils Seminar (SOLD OUT)In-person, October 26th 9.30am – 3.30pm
- Finance For Councillors Part 2 – Budget and Precept SettingNovember 3rd at 6.30pm – Online
- Managing Challenging Situations in Council Settings17th of November at 11am Online
- Futureproof Planning Briefing: The Changing Role of Parish & Town Councils in Planning and Development(SOLD OUT)November 18th 9.30am to 1pm – In-person
- HR Essentials for Councils- Managing StaffNovember 24th at 6.30pm – Online
Browse all available training and book here: View the BMKALC Training Programme
Minutes and Confidential Business
We are occasionally asked how decisions made under Part 2 (confidential business) should be recorded within council minutes.
Under Schedule 12, Paragraph 41(1) of the Local Government Act 1972, councils are required to keep minutes of their proceedings. There is no exemption from recording decisions simply because the public were excluded from the meeting.
While a record of decisions must be retained, information that remains confidential or exempt under the Public Bodies (Admission to Meetings) Act 1960 would normally be withheld or redacted from the version published on the council’s website.
In practice, most councils will:
- Publish Part 1 minutes in full.
- Publish a brief summary of Part 2 resolutions.
- Retain detailed confidential minutes separately until confidentiality is no longer required.
Example Agenda Wording
12. Exclusion of Press and Public
To resolve that, under the Public Bodies (Admission to Meetings) Act 1960, the press and public be excluded from the meeting during consideration of the following item(s) due to the confidential nature of the business to be transacted.
13. Confidential Staffing Matter
To consider a confidential report relating to staffing matters and to agree any appropriate action.
Example Minute Wording
13. Confidential Staffing Matter
Resolved: To approve the suggested appropriate action relating to the confidential staffing report as presented.
This approach provides transparency regarding council decision-making whilst protecting sensitive personal, staffing or commercially confidential information.
Thank you for your continued support of BMKALC and we hope you have a great weekend.
Kind regards,
Jess, Mel and Lorraine