Issue - meetings

To consider the next stage of the review in the light of the decision of Council on the Draft Recommendation.

Council at its meeting on 19^th April 2012 had deferred consideration of the recommendations of the Constitution Committee on the draft recommendation for the Crewe Community Governance Review in order that advice received from Counsel on some aspects of the Review could be taken into consideration. The matter would be considered at the next Council meeting following further consideration by the Community Governance Sub-Committee and the Constitution Committee in light of the advice received from Counsel.

In very brief summary, the Constitution Committee had recommended to Council that:

§         a Crewe Parish Council should be created;

§         there should be 16 members representing 6 wards mirroring the Borough Wards;

§         the electors from the unparished part of Leighton Borough Ward should be asked whether they would prefer to be included in the proposed parish of Crewe or the existing parish of Leighton; and

§         elections should take place as soon as practicably possible.

Following the meeting of the Constitution Committee, the Borough Solicitor had been asked to take Counsel’s advice on key elements of the proposals, in particular:

§         on the extent to which a temporary parish council could be appointed in the period before parish elections, the powers of such a body and the period of time within which such a body could operate; and

§         whether elections to the parish council could be held at the same time as the Police and Crime Commissioner elections in November 2012.

A number of issues arose from Counsel’s advice, and further advice was sought to clarify these. A summary of Counsel’s advice was circulated at the Sub-Committee’s meeting. Very briefly, this included the following points:

1.      Any reorganisation order should take effect on 1^st April in any year, including 1^st April 2013. The Order should ideally be made by 15^th October 2012 but no later than 39 days before the election.

2.      The Parish Council itself would not come into being until elections following the taking effect of the Order.

3.      There was no such legal entity as a “temporary parish council”.

4.      There was no power to set up a transitional body for a long period of time, exercising significant powers and taking decisions which would bind the new parish council. A transitional body should be set up for a short period of time. Such a body should have limited powers. It could issue a precept and be able to receive assets but should avoid making decisions concerning the budget or those assets which would bind the parish council. It should take administrative decisions which would pave the way for the new parish council but should not be involved in service delivery.

5.      Combining parish council elections with Police and Crime Commissioner elections would seem to be administratively complex.

The Sub-Committee gave further consideration to the recommendations of the Constitution Committee in light of the advice received. It was noted that in addition to the administrative complexity of holding parish council elections at the same time  ...  view the full minutes text for item 42