Councillor qualification – running a B&B?
We were asked about a scenario where a candidate wished to be co-opted to a council and was basing their qualifying condition under s.79 of the Local Government Act 1972 (the 1972 Act) on the fact they operated a B&B in the parish. They did not live in the area. S.79 (1) (c) of the 1972 Act is the principal or only place of work in the area in the relevant 12-month period qualifying condition. Essentially it is a fact specific point as to whether the condition can be met. In the case in question, we did not deem the person being present at the B&B for roughly 12 days a month to be sufficient.
Councils and church property?
We recently considered a question about a council’s powers to purchase a clock located in a church tower. The church no longer wished to maintain it and wanted to transfer ownership to the council.
The limitation in sections 6 and 8 the Local Government Act 1894 is in respect of doing or funding work on property relating to the affairs of the church. Our longstanding view on the limitation is set out in Legal Briefing L01-18. Our advice in respect of the clock was that the limitation did not stop the clock being transferred to the council and it would no longer be a church asset.
On a similar theme, we were asked if a council could provide financial assistance to the local church being used as a “warm hub” by contributing to the church’s anticipated higher heating bills. Our answer was yes. A grant towards the cost of electricity does not involve work on property so it is not caught by the 1894 Act. The council could use section 137 of the 1972 Act in the circumstances, or, for eligible councils, the general power of competence would be applicable.
Power to make a grant to a company?
The question has arisen of whether a council can make grant to a company under section 137 of the 1972 Act. The salient point is whether a council believes a grant meets the section 137 criteria. The fact the intended recipient is a profit-making company would not in itself prevent a gift being made. Councils of course have to act reasonably in their decision making and consider whether a grant of public funds for a particular purpose is an appropriate use.
Annual council meeting dates – councils with elections
We have been asked about calculating the dates for when councillors take office and when councils with elections can hold their annual meeting. The 2023 local election date in England is 4 May.
We are now aware that HM King Charles III’s coronation will be held on Saturday 6 May. At the time of writing no bank holiday has been announced. Our calculation will take the same approach we took this year (see the February 2022 legal bulletin) and in previous years if no bank holiday is announced. We will update you if further announcements are made that impact our calculation for councillors taking office and the timeframe for the holding of the annual council meeting.
Recent team activity
Since August’s legal update we have refreshed and reissued LTN 40. We reissued LTN 9E to update statutory referencing and generally refresh the Note. We will soon be reissuing LTN 5E (parish council meetings) to confirm a point on public participation.
In out/in and abouts, Jane attended the CAPALC annual conference on 9 September and delivered a legal update. The conference took place the day after the death of HM Queen Elizabeth II and Jane also delivered an update on Operation Bridge and council notice periods during the mourning period. Jane attended the Wiltshire ALC AGM on 10 October and gave a legal update and an update on the Civility & Respect project. Jane also spoke about the Civility and Respect project as part of a panel at the Westminster Insight Conduct and Standards in the Public Sector Conference held on 22 September.
With best regards,
NALC Legal