k. Dispensations

Councillors with an interest as defined in the LGA Model Councillor Code of Conduct in a matter being considered in a council meeting must not participate in that item unless they have been granted a dispensation by the Council.

S,33, Localism Act 2011, a parish or town councillor with a Disclosable Pecuniary Interest may be granted a dispensation where the Council considers that one or more of the following instances applies:-

a. the number of persons prohibited from participating in the business is so great a proportion of the Council as to impede the transaction of the business.

b. Granting the dispensation is in the interests of persons living in the authority's area.

c.  it is otherwise appropriate to grant a dispensation.

A dispensation can be to take part in discussion in the matter at a meeting, or to take part and vote.  It may be for a specific meeting or for a period (not exceeding four years).  Further information is contacted in NALC's Legal Topic Note 80.

For Councils that have adopted the LGA Model Councillor Code of Conduct, the same criteria will also apply in respect of 'Other Registerable Interests' and 'Non-Registerable Interests', as defined in the Code.

Councils may choose to delegate responsibility for consideration such applications to the Clerk by resolution of full Council.

SALC have prepared a simple application form which may aid councils in the management of dispensations.  Use this link to access a downloadable Word version of this form from the templates database.  Search "Dispensations" or use the drop down list "standards".