Cambridgeshire & Peterborough Association of Local Councils
CAPALC e-Bulletin July 2014
WELCOME to the CAPALC July 2014 Bulletin
CLERKS please circulate this bulletin to chairmen, councillors and members of staff in printed form or in electronic form or email the web link at www.capalc.org.uk
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RECURRING THEMES
We keep a record of queries, questions and help requests that come into the CAPALC office and we do notice some recurring issues for clerks or councils
· 3 QUOTES
Standard advice calls for three quotes or estimates before selecting a contractor. The purpose of asking for 3 quotes is to ensure the council get best value for money and that the work is not given to a "friend" or relative of a councillor as this would be against the rules.
Three estimates provide a top, middle, and low range for point-by-point comparisons of the work to be done against the specification issued.
With some very small contracts it may actually be difficult to acquire 3 written quotes.
In such circumstances you do not need to actually receive 3 quotations. You must however issue a specification and ask for tenders from at least 3 reputable contractors or service providers.
This might seem like a bit of a moot point but it protects the council from accusations of lazy or improper financial practices.
It also protects the clerk from any accusations of poor financial management of the council’s budget.
This should be covered in the council’s finance and governance documents.
There are many reasons why contractors charge different amounts for what is essentially the same work and some are quite legitimate and not an attempt to overcharge.
If you ensure quotes are submitted with a separate breakdown of Material and Labour costs then the materials element from the various contractors should be relatively close if they have understood the tender.
Within the Labour cost there may be charges for overhead that apply to larger companies and there may be a trade off between a larger more efficient company with higher hourly costs compared to a small local company with lower hourly charges that may take a little longer to complete the work.
The council is not bound to accept the lowest quote as variables such as expediency, quality of workmanship, reliability, future support and service implications may all be considered as part of the decision making process.
· village greens
Town and village greens are land where local people have enjoyed informal recreation, for at least 20 years, without challenge or permission. Once the land has been registered, by the county or unitary authority (the registration authority) as a green it is protected from development.
Landowners can submit to the registration authority a statement and map which challenges people’s informal use of land and thereby threaten the public’s ability to register the land as a town or village green. Once a statement has been deposited and notices posted on the land, local people have only one year in which to submit an application to register the land as a green based on 20 years’ use for informal recreation.
The Open Spaces Society, the leading organisation concerned with the protection of green spaces, has asked all registration authorities to tell it of any such statements. However, it would be valuable if all local councils were to do this too. There is no guarantee that a notice will remain on the land for long, so the only way you can be sure of knowing about the threat to your local green space is by getting the council to inform you.
It is recommend that you contact your county or unitary council’s commons registration department and ask to be notified of any landowner statements made under section 15A of the Commons Act 2006. (These may be combined with landowner declarations relating to public rights of way, under section 31(6) of the Highways Act 1980.)
Once you know of a landowner statement, you can check the land to see whether it is eligible to register as a green. The Open Spaces Society’s book Getting Greens Registered helps with this. If it is eligible as a green, local people have one year in which to gather evidence of use and submit an application. If it is not eligible you might wish to consider alternative ways of protecting the land, such as designation as Local Green Space.
You can contact the society for further information and help, although the society will ask you to join if you are not already a member.
Details are on the Open Spaces Society’s website at http://www.oss.org.uk/what-we-do/village-greens/new-threat-to-village-greens-landowner-statements/
Catch Up Day 11th July 2014
The day seemed to go well with attendance slightly higher than anticipated.
At the close, when asked, the clerks indicted they wished us to run this as an annual event during 1st or 2nd week in July (elections over and year end in the bag).
Attendees were also asked about bringing a chairman or a councillor and there was a resounding yes so we will need a bigger venue next year.
Feedback forms were issued and completed which we will analise but verbal feedback received by delegates as they left was positive indicating how much they enjoyed the day and the variety of content in the programme.
Downside seemed to be acoustics and the heat, both of which we can improve on next time.
As a result we have already set the date for 2nd Annual Catch Up Day so please log in your diary for both clerks and chairmen the date of Friday 3rd July 2015.
On behalf of CAPALC I would like to thank all the clerks who managed to attend the event and thank the numerous speakers who gave their time to making the day a great success.
Thanks to:
Ø Jonathan Owen - NALC Chief Executive for opening the event
Ø Derek Kemp - DCK Beavers for covering the financial aspects of the day.
Ø Michael Williamson - MiJan Ltd for clarifying PAYE & correct use of VAT
Ø Andy Cotter - Came & Company for bring us up to date on matters relating to Insurance
Ø Stuart Morris and Polly Jackson - Cambridgeshire County Council Research Group who explained how parish councils could access and use demographic data
Ø Penny Bryant - Somersham Parish Council who has piloted the use of electronic banking for parish and town councils
Ø Trudie Mann - Non-Domestic Rates Officer, South Cambs District Council who explained the application of Rate Relief on Community Buildings
Ø Debora Ahmad - Ecology Officer, CCC Countryside for bring us up to date on aspect of Biodiversity and Parish Councils
Ø Tina Webb - CAPALC Administration officer for arranging the event and providing an excellent lunch
Source: Ian Dewar, CEO CAPALC
Standing Orders for Local Councils
Local Councils EXPLAINED written by NALC’s head of legal Meera Tharmarajah is NALC’s new book about local councils. The book provides easy to read narrative about the role of parish councils, their councillors and officers and how they work. There is comprehensive and practical guidance about the legal issues that local councils are exposed to.
Unlike its rivals, Local Councils EXPLAINED
· is easy to understand;
· uses examples, tables and diagrams
· contains up to date statutory references
· is competitively priced
· includes updated model standing orders
An electronic version of the current Standing Orders contained in part 2 of Local Councils EXPLAINED is available for CAPALC member councils to download and can be found at:
http://www.nalc.gov.uk/Members_Site/Legal/Council_business_law_and_procedure.aspx
Source: NALC
Financial Regulations for Local Councils
An electronic version of the current (April 2014) version of Financial Regulations is available for CAPALC member councils to download and can be found at:
http://www.nalc.gov.uk/Members_Site/Legal/Council_business_law_and_procedure.aspx
Source: NALC
Governance and Accountability for Local Councils
The National Association of Local Councils (NALC) and the Society of Local Council Clerks (SLCC) have today jointly published the new fifth edition of The Practitioners’ Guide for local (parish and town) councils.
The new guide details proper practices for local council accounting statements relating to accounting periods beginning on or after 1 April 2014. Councils may opt to apply these proper practices for earlier accounting periods.
The Joint Practitioners Advisory Group (JPAG), of which both NALC and SLCC are members, has refreshed the guide for ease of access. It contains updates to the original guide and some extra electronic links to some new materials to help practitioners. The main changes are:
· updated 'safeguarding public money' guidance, consequential to the repeal of S 150(5) of the Local Government Act 1972 (the 'two-signature rule');
· updated guidance on investments;
· to reflect changes to guidance to auditors issued by the Audit Commission
· to reflect necessary changes to the annual return
· to introduce the 'declaration of no accounts' to assist smaller bodies with no financial transactions;
· updated references to statute and links to key documents
The new 5th edition is available for CAPALC member councils to download and can be found at: http://www.nalc.gov.uk/About_NALC/Governance_and_Accountability_for_Local_Councils.aspx
Source: NALC
FUNDING UPDATE
is your community within 10 miles of a landfill site?
WREN is a not-for-profit business that helps benefit the lives of people who live close to landfill sites by awarding grants for community, conservation and heritage projects.
The directors, staff and the members of the advisory panels are fully committed to enhancing the community environment, natural conservation and heritage aspects of the world in which we live and create a beneficial and lasting legacy for future generations.
To find out more about what WREN does and most importantly how WREN funding might benefit you and your community, please spend a few moments exploring the website at www.wren.org.uk
WREN Small Grant Scheme
This is designed to assist applicants looking for funding on small projects that can make a real difference to their local communities. To apply under the Small Grant scheme your project should apply for funding of between £2,000 and £15,000 with a total project cost of under £50,000, be completed within 12 months of the funding decision, provided all information required at the point of application and be situated within 10 miles of a FCC Environment landfill site.
Wren’s Heritage Fund
Under Object E of the Landfill Communities Fund (LCF), WREN is able to fund the repair, maintenance or restoration of a building or structure of architectural or historic importance including places of worship.
The WREN Board has directed that grant funding will be made available annually for historic building restoration and a new WREN Heritage Fund programme has been established. This funding programme will be directly managed and administered by WREN. WREN is now working in partnership with English Heritage, Historic Scotland, Cadw (Wales) and the National Churches Trust who have all helped in the development of this programme.
WREN's Biodiversity Action Fund (BAF)
This is an annual programme of funding designed to deliver projects under Object DA of the Landfill Communities Fund. It will provide up to £2m per annum to fund biodiversity enhancements by supporting the expansion, recovery and conservation of habitats that achieve Habitat Action Plan/Species Action Plan targets through specific improvements. Projects must be sited at clearly identified site(s) within 10 miles of any licensed landfill site in WREN's operating areas.
WREN Main Grant Scheme
This can fund a wide range of projects under Objects D of the Landfill Communities Fund. Funding of between £15,001 and £75,000 is available for the provision, maintenance or improvement of a public park or other public amenity in the vicinity of a landfill site.
Source: WREN
SECTION 137 EXPENDITURE: LIMIT FOR 2014/2015
If you missed it the Department for Communities and Local Government has confirmed that the appropriate sum for parish councils for the purposes of section 137(4)(a) of the Local Government Act 1972 (“1972 Act”) for 2014-2015 is £7.20.
This is the amount that results from increasing the amount for 2013-2014 (£6.98) by the percentage increase in the Retail Prices Index between September 2012 and September 2013 (of 3.2%), in accordance with Schedule 12B to the 1972 Act.
Source: NALC
FEEDBACK
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CAPALC Unit 7, The Meadows, Meadow Lane, St Ives PE27 4LG.
Website www.capalc.org.uk Email Telephone 01480 375629
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