Avon Local Councils Association
Public Information

What is a parish?

There are many types of parish but two may be considered the most common - Civil Parish and Ecclesiastical Parish, but they may not have the same boundaries!

Ecclesiastical Parishes centre on an Anglican church with a parochial church council

Civil Parishes are independent local democratic units of local government. Each parish has a Parish (or Town) Meeting consisting of all the local government electors and most of them (where the electorate exceeds 200) have a Parish or Town Council.

What is the Parish (or Town) Council?

The council is a small local authority. Its councillors are elected for four years at a time in the same way as other principal authorities. The usual election years are 2007, 2011, 2015 etc but some areas have their elections split over three of the four years, which can be most confusing. Thankfully in the Avon area all elections are full council elections (apart from Bristol). Having said that there may be by-elections (when a vacancy arises through resignation, death etc) to fill those vacant seats. Every year in May a chairman is chosen from among the members, in towns these maybe known as Town Mayors.

What powers have parish councils to do things in their areas?

Parish Councils have a number of formal powers but can only carry out activities if they have the powers. Many provide allotments; look after playing fields, village greens, and community buildings. They are able to help the principal authorities by looking after and protecting rights of way; they can provide street lighting, bus shelters and public seats. They can do this through other voluntary groups by way of a grant or by doing them themselves.

What else do they do?

A variety of things. Some provide village guides, help with Meals on Wheels, provide a local bus service. One runs a holiday hotel. Many provide car or cycle parks. They undertake village surveys. Others provide public conveniences, litter bins and seats and can prosecute noise makers or litter bugs. Many appoint charitable trustees and school managers. Very often the cemetary is managed by the Parish Council. They have the power to improve the quality of community life by spending sums of money on things which, in their opinion, are in the interests of the parish or its inhabitants, and many kinds of activities are aided in this way.
 
How much do they cost?

Parish Councils are funded by a part of the council tax, and are the most unbureaucratic and cheapest kind of local authority in existence.

Who controls the Parish Council?

Members of the public elect its members every four years and are entitled to go to the Annual Parish Meeting and say what they think. There are also public participation sessions in Parish Council meetings. The accounts are strictly audited and are open to members of the public (see your public noticebaord for dates of availability)

What do you do to stand as a parish or town councillor?

A person needs to be qualified.
The qualifications are: being a British subject, a Commonwealth citizen or a Euro national provided on the relevant day (ie the day on which s/he is nominated) s/he is 18 years of age or over and
a) on the relevant day is and continues to be a local government elector for the parish or community, or
b) has during the whole of the 12 months preceding that day occupied as owner or tenant any land or premises in the parish or community, or
c)his/her principal or only place of work during those 12 months has been in the parish or community, or
d) has during the whole of those 12 months resided in the parish or community or within three miles of it.

A person is disqualified from being elected if:
a) s/he holds any paid office or employment to which s/he has been appointed by the council or any committee on which the council is represented; or
b) s/he is the subject of bankruptcy restrictions order or interim order; or
c) s/he has within five years before the date of the election or since his/her election been convicted of any offence and has had passed on him/her a sentence of imprisonment or at least three months (whether suspended or not) without the option of a fine; or
d) s/he has been found guilty of corrupt or illegal practices, or was responsible for incurring unlawful expenditure and the court orders his/her disqualification.

A councillor ceases to hold office if they fail to attend any meetings of their council for a period of six months, and their apologies have not been received or accepted by the council. In this case a casual vacancy would then exist.

Public Participation

A meeting of the council must be open to both the press and the public. Many local councils set aside a period before or after or in the middle of the meeting when the public can ask questions or even make statements. This is excellent practice as long as the period is defined, and the public and council understand that the public cannot take part at any other time during the meeting other than the designated time slot. This also applies equally to committees of the council.

Exceptions
The public and press can be excluded by a resolution made under the Public Bodies Act 1960 (Admission to meetings). If publicity would prejudice the public interest, if the business was of a confidential nature or for some other reason that is stated in the resolution that arises out of the business to be transacted.
Please note the power to exclude is not exercisable generally but only for a particular occasion.

As a rule it is desirable to treat the following types of business as confidential:
a) engagement, terms of service, conduct and dismissal of employees
b) terms of tenders and proposals and counter-proposals in negotiation for contracts
c) preparation of cases in legal proceedings
d) the early stages of any dispute

Press
The Press has not greater right to be present than the public, but it is entitled on reasonable payment, to copies of the agenda. The council must also give the press facilities for taking their reports and for telephoning them.

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