Joint Committee On Draft De-Regulation Bill Call For Evidence

Joint Committee On Draft De-Regulation Bill Call For Evidence

Executive Summary

The new Parliamentary Joint Committee on the Draft Deregulation Bill has published its Call for Evidence.
 
The Committee, comprised of Members of the House of Commons and House of Lords, has been formed to scrutinise the Government’s Draft De-regulation Bill and make recommendations for its improvement.

The draft Bill proposes new powers for Ministers to abolish regulation "no longer of practical use" and a requirement for regulators to have regard to the impact on economic growth when proposing new regulation.

 The Committee is inviting evidence on the Bill, which is intended to reduce the burden of regulation on business, civil society and individuals.

The National Association’s Policy Committee considered the Draft De-regulation Bill under Item 7 (b) of its session on 16 July, 2013.  It considered (after officer recommendation), that the below three clauses of the draft Bill were the most relevant to local councils;

• 12 - Recorded rights of way: additional protection – surveying authorities may not in this clause - make amendments to definitive maps and statements under section 53(2)(b) of the Wildlife and Countryside Act 1981 if modification might affect the exercise of a protected right or the only reason for the change sought was that a right of way did not exist before 1 January, 1949;
• 13 - Unrecorded rights of way: protection from extinguishment – this clause seeks to insert clause Section 56A of the Countryside and Rights of Way Act 2000 to enable the Secretary of State by regulation to allow a surveying authority to designate, at any time during the period of one year beginning with the cut-off date, public rights of way in their area that were extinguished immediately after that date; and
• 34 - Exhibition of films in community premises – this clause seeks to amend the Licensing Act 2003, Schedule 1 (provision of regulated entertainment), Part 2 (exemptions) – by exempting the provision of entertainment consisting of the exhibition of a film at community premises from being defined as the provision of regulated entertainment for the purposes of this Act (if certain conditions are met).  This clause is the most incisive as far as National Association policy is concerned as it adopted a position in summer, 2005 from the Herefordshire Association asking the National Association to lobby Government to increase the number of annually permitted events in community and village halls under current licensing laws. 

•    The web-link to the main consultation document is
http://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-deregulation-bill/written-evidence/submit-evidence-form/ .
 
The National Association is minded to support two of the draft Bill’s main principles - the general provision for the repeal or revocation of legislation which a Minister considers to be “no longer of practical use”; and the introduction of a duty on persons exercising certain regulatory functions to “have regard” to the desirability of “promoting economic growth”.
 
The final deadline for receipt by the Joint Committee for the Draft Deregulation Bill, of  responses to the Call For Evidence, is 16 September, 2013.  The National Association welcomes responses from local councils and County Associations to inform its own submission and asks for them to be submitted to chris.borg@nalc.gov.uk by at the latest Noon on Friday, 6 September, 2013.    

How to be a Better Trustee Workshop

TRAINING: How to be a Better Trustee Workshop

'How to be a Better Trustee'  Workshop is being held on Wednesday 16th October 2013 at Tidmarsh Village Hall, near Pangbourne, at 7.30pm. It is a repeat of the popular sessions which have been held over the past couple of years and is aimed at village and community hall trustees in Berkshire. Every person who sits on a village hall committee is a trustee (if it is registered a charity) and this 2 hour session aims to inform volunteers of their roles and responsibilities in this position.

Attendance is free for anyone whose hall is a member of CCB's Community Buildings Advice Service, for non members the charge is £10 per person. Bookings to be made by email please to Wendy Dacey at wendy.dacey@ccberks.org.uk or by phone 0118 9612000

Training supported by Adult Community Learning, West Berkshire Council

Would you like your Post Office to support a community scheme?

Would you like your Post Office to support a community scheme?

Post Office branches in England (excluding Crown branches) can now apply to receive up to £10,000 to support a new scheme or service for their local community. These could include:

•  Classes in key skills such as reading, languages or the Internet
• Mentoring and advice service for local small businesses, or display space for local producers
• Partnership with a local charity to provide a meeting space, notice board and other forms of support
• A hub or meeting space for community groups involved in local issues, such as neighbourhood planning

If you have an idea you’d like your Post Office to support, download and print the PDF, write down your idea, take it into your Post Office and have a conversation with the sub-postmaster or branch manager about what you could do together to benefit the local community.

Sub-postmasters can find out more including how to apply on subspaceonline.co.uk. 
Deadline for applications is Friday 18 October 2013.

The Fund is a result of a partnership between the Department for Communities and Local Government and Post Office Ltd. It is limited to supporting a maximum of 20 schemes across the country (England only) in 2013/14.

Winning bids will be selected by a panel compromising Post Office Ltd, Department for Communities and Local Government, and others. Judging will take place in autumn with the successful schemes announced shortly after.

If you have any questions, email communities@postoffice.co.uk.

13 excuses not to be a councillor, with thanks to Wraysbury Parish Council

Thirteen excuses for not joining the parish council

1. "I’m too young". If you are 21 you are old enough.
2. "What's the point of just joining a talking shop, they don't do anything". Have you ever been to a meeting? Basing your judgement on watching The Vicar of Dibley is definitely not valid.
3. "I haven't got any planning application in at the moment". Putting in for planning has got nothing to do with sitting on the Council, whatever may have happened years ago. In fact, if your own application is discussed by the Council, you must leave the room.
4. "I'm too busy, I couldn't commit to attending every single meeting". Meetings are rarely more frequent than one evening a month, and missing the occasional one is perfectly acceptable. Most meetings only take a couple of hours.
5. "I'm concentrating on finding a job, or furthering my career". Being a local Councillor is a definite plus point to add to a CV. It shows you can make decisions, work in a team, are community minded and pro-active. Prospective employees will be impressed.
6. "I haven't lived here very long and I don't know the area well". If you have lived or worked in the Parish for a year you are eligible. Your views as an 'incomer' should be welcomed, as you will probably see things more objectively.
7. "I'm worried that I won't get many votes, and look silly". Even if you are not voted on this time, you may very well be approached if a vacancy occurs in the future and co-opted on.
8. "Our Parish Council is full of Old Fogeys". Join up and change it then.
9. "I'd look like a fool because I would not know what's going on". You will be eased in gently; there is help, advice and more formal training available. The Clerk is the legal officer in the Council, and he or she will explain the rules.
10. "I'll have to sign that code of conduct thing that the press keeps on about". The code of conduct is nowhere near as onerous as made out by the press; out of some 80,000 councillors, only 300 have refused to sign. The code stops situations like the planning one above.
11. "I'll have to let everyone know about all my personal and business affairs". The declaration of interest asks you to declare business interests within the Parish area, to guard against bias when Parish issues are debated. As for personal affairs, get real, everyone knows about these already.
12. "I'm too lazy, and not interested in my community". An excellent reason for not joining.
13. "I prefer to let others do the work and then criticise from the sidelines afterwards". Also a valid reason for not joining, but do bear in mind that expounding your views in the pub, rather than the council chamber will not change a thing in your Parish.

This is on Wraysbury Parish Council website
What have you got on your website to make it lively or interesting to read? Hopefully it is up to date, with plenty of pictures and has all your agendas, minutes, publication scheme, contact details etc.

New Cilca section 20 Planning to be introduced from 1st November

NALC/NTS are proposing to introduce a revised section 20, Planning, from 1st November 2013 after which CiLCA will be known as CiLCA 2013. After this date new submissions with the old section 20 will no longer be accepted and any candidates who are required to re-sit section 20 will also have to submit the new version. Submissions or re-sits with the new section 20 will be accepted from 1st October 2013.

A new portfolio guide incorporating the new section 20 will be available electronically on the NALC and SLCC websites from the beginning of October at the latest.

SLCC will be writing formally to candidates who have registered but not submitted, and those who are due to resubmit, in mid-September to let them know of the 1st November deadline.

CCTV Code of practice

The Home Office has asked that CALC's publise this new code of practice:

A new code of practice which will encourage more effective use of CCTV cameras comes into force.

Yesterday (12th August), a new Code of Practice on the use of surveillance cameras came into force. The police and public authorities (including local authorities, town and parish councils) are required to follow the new code.

The code sets out guidelines for CCTV and Automatic Number Plate Recognition (ANPR) systems to ensure their use is open and proportionate and that they are able to capture quality images that give police a better chance to catch criminals and cut crime. 

Andrew Rennison, the first surveillance camera commissioner will encourage all operators to comply with the code and report back to parliament with any concerns.

The Surveillance Camera Code of Practice is available on GOV.UK alongside a Circular issued by the Home Office relating to the changes.


Further information is available at a GOV.UK web story.

Slough Community Governance Review - important proposals on Britwell and Wexham Court Parish Councils

Notice of a Community Governance Review

Local Government and Public Involvement in Health Act 2007

In the light of the response to the first stage of the consultation a further consultation will be carried out with electors and other interested parties to gauge their views on the future of Britwell and Wexham Court Parish Councils. This will include an advisory poll.

Pending any decision on the future of Britwell Parish Council, the Council is recommending changes to the Britwell parish boundaries (as shown on a map which may be inspected on the Borough Council’s website) and a corresponding reduction in the size of the Parish Council to seven councillors.

It is also recommending that the term of office of the existing parish councillors be reduced by one year from 2015 to 2014 in order to bring these changes into effect from May 2014, and that newly elected councillors serve a five year term of office initially and then revert to the traditional four year term.

The Council has published further information on its recommendations which can be obtained by visiting the Council’s website at slough.gov.uk/community governance review or by request to the Council’s offices.

The Council welcomes representations from any residents and interested organisations who may wish to comment on the Council’s recommendations or on any other aspect of the matters under review.

How to contact us

If you would like to make representations please write to:

Review Manager, Community Governance Review, Democratic Services, Slough Borough Council, St Martin’s Place,  51 Bath Road, Slough, Berkshire SL1 3UF

Alternatively you may make representations by completing the online form on the Council’s website www.slough.gov.uk/communitygovernancereview or by email to: 
peter.edwards@slough.gov.uk 

The deadline for receipt of representations is 14 October 2013

Dated  9th August   2013
Catherine Meek
Head of Democratic Services

Two revised NALC Legal Topic Notes

All Legal Topic Notes can be found on the BALC website in the NALC briefings section

NALC have revised LTN 19 renaming it Unauthorised Parking on Private Land:

LTN 19  – Is now called Unauthorised Parking on Private Land.  The previous LTN (Wheelclamping) has been replaced because of the Protection of Freedoms Act 2012 which effectively outlaws the practice.  The replacement LTN states the law and gives advice on what is legally permitted in respect of unlawful parking on private land.  The new regime does not cover local council car parks but does cover other land occupied by the parish council.

LTN 31 Section 137 of the Local Government Act 1972:

LTN 31 has been revised to take into account the interaction between section 137 and the Power of Well Being in Wales.  The introduction has also been slightly amended.

The Government is consulting on proposals to allow shops and agricultural buildings to be converted to residential use.

The consultation seeks views on 5 proposals for permitted development rights to be changed to allow:

• shops and financial and professional services to change use to residential
• existing builsings used for agricultural purposes of up to 150 square metres to change to residential use
• retail uses to change to banks and building societies only
• premises usd as offices, hotels, residential and non-residential institutions, and leisure and assembly to be able to change use to nurseries providing childcare
• a building used for agricultural purposes of upto 500 sqaure metres to be used as a new state funded school or a nursery providing childcare

The consultation document can be found here, the consultation finishes on 15th October

LGA Annual Rural Conference, 4th September, Stratford upon Avon

The LGA's annual rural conference is the key event for rural policy and decision makers in local government. This well-established event provides a unique opportunity for elected members, officers and others involved in rural affairs to network and discuss how rural issues can be addressed by local authorities. 

The Rt Hon Owen Paterson MP, Secretary of State for Environment, Food and Rural Affairs will be giving the opening keynote speech. 

See more on the LGA website

Direct Information Service from NALC

 Direct Information Service for councils

DIS continues to provide a fortnightly one stop shop for all the latest news and information which is relevant to your sector. With a round up of government statements and publications, up to date legal information, ministerial statements, press releases and consultations from across the sector, along with regular events and vacancy listings, DIS is a great source of information.

To subscribe go to the NALC website

	DIS Extra (electronic)* (26 issues) per subscription per year
	One Year	Two Years	Three Years
Members of NALC	£90 + VAT Total £108	£85.50 + VAT Total £205.20	£81 + VAT Total £291.60
Non-members of NALC	£135 + VAT Total £162	£128.25 + VAT Total £307.80	£121.50 + VAT Total £437.40

   

£4.3m funding available to extend Neighbourhood Community Budget Pilots to 100 more areas.

Ministers have announced a further £4.3 million funding package to extend the Neighbourhood Community Budget Pilots. It lasts for 18 months and is aimed at enabling at least 100 communities to design and deliver local services that focus on local priorities and reduce costs. It is hoped that at least 20 of the 100 new areas will come up with new and ambitious proposals focusing on large or complex services. DCLG is conducting a tendering exercise.

Under the 'Our Place' programme, DCLG officials hope to build on the success of 12 pilots which were smaller scale that the four major 'whole place' schemes. The £4.3 million sits alongside a £350,000 boost to the existing pilots to speed up and improve the implementation of their programmes.

Most of the pilots were at principal council level, however, Ilfracombe Town Council (pop. 12,500) has most relevance to this tier of local government.  A presentation which summarises why the Town Council wanted to try this approach and what they feel they got out of it is here

The aim of the town council was for 'Greater community influence, responsibility and control to ensure that services and investments in the town are utilised efficiently and targeted to better suit the needs of Ilfracombe people at lower cost.'

The council proposed to take over services and assets from North Devon Council (litter bin emptying, street cleaning, dog warden, harbour management, car park management, grounds maintenance for parks, public toilet cleaning), Devon County Council ( a community centre) and PCSO's from Devon and Cornwall Police.

Following the success of the pilot programme, on 9 July 2013 DCLG announced a wider roll out of Our Place. The Government is providing £4.3m of new financial support over 18 months to enable at least 100 communities to design and deliver local services that focus on local priorities, and reduce costs. It is hoped at least 20 of the 100 new areas will come up with very ambitious proposals focusing on large or complex services, such as adult social care or exploring complex delivery models, such as payment by results or the use of social finance.
DCLG is conducting a tendering exercise for a contractor to deliver support to new areas. The contractor will provide direct technical advice and support, and grant disbursement. It is hoped to have a contract in place by the end of September.
- See more at: http://www.local.gov.uk/web/guest/community-budgets/-/journal_content/56/10171/3691921/ARTICLE-TEMPLATE#sthash.EWvBDJ8Q.dpuf

More information here on the DCLG website