Agenda item

Transfer of Property Rights and Liabilities and the Calculation of Budget Requirement

Meeting of Community Governance Review Sub-Committee, Tuesday, 9th December, 2014 10.00 am (Item 12.)

A Re-Organisation Order would be required to bring any arrangements for a new Parish Council into effect.

In accordance with Regulation 3 of the Local Government Finance (New Parishes) Regulations 2008, a budget sum must be included within any Order. This is a sum which must not be exceeded by the Parish Council during its first year of operation and would be used to calculate the precept requirement. In order to calculate this sum the Sub-Committee is requested to consider:

a) What facilities and services should be considered for any transfer; and

b) When any facilities and services should transfer.

A budget sum would then be calculated and submitted to the next meeting of the Sub-Committee for agreement. In order to meet the timetable for the calculation of precept requirements, a decision on the budget sum would be required by the Sub-Committee by no later than 16 January 2015.

There should be described within any Re-Organisation Order Schedules: any land, property, rights, liabilities and other responsibilities to be transferred from the principal authority to the Parish Council, together with the dates of transfer. The Local Government (Parishes and Parish Councils) Regulations 2008 provide for the automatic vesting of any allotments held by the Principal Council.

Charter Trustees would be dissolved, and the Charter Trustee Mayor and Deputy Mayor would cease to hold office on the date on which the first Parish Councillors came into office. All property, rights and liabilities of the Charter Trustees would transfer to the Parish Council from this date.

Minutes:

The Registration and Business Services Manager reported that a Re-Organisation Order would be required to bring any arrangements for a new Parish Council into effect.

In accordance with Regulation 3 of the Local Government Finance (New Parishes) Regulations 2008, a budget sum had to be included within any Order. This was a sum which must not be exceeded by the Parish Council during its first year of operation and which would be used to calculate the precept requirement. In order to calculate this sum the Sub-Committee needed to consider:

a) What facilities and services should be considered for any transfer; and

b) When any facilities and services should transfer.

A budget sum would then be calculated and submitted to the next meeting of the Sub-Committee for agreement. In order to meet the timetable for the calculation of precept requirements, a decision on the budget sum was needed by the Sub-Committee by no later than 16 January 2015.

Within any Re-Organisation Order Schedules there needed to be described any land, property, rights, liabilities and other responsibilities to be transferred from the principal authority to the Parish Council, together with the dates of transfer. The Local Government (Parishes and Parish Councils) Regulations 2008 provide for the automatic vesting of any allotments held by the Principal Council.

It was confirmed that the Charter Trustees would be dissolved, and that the Charter Trustee Mayor and Deputy Mayor would cease to hold office on the date on which the first Parish Councillors came into office. All property, rights and liabilities of the Charter Trustees would transfer to the Parish Council from this date.

The Sub-Committee was advised that this same process had taken place for the Parish Councils established elsewhere in Cheshire East and the list of assets and services proposed for transfer was based on both legislative advice, and on specific advice from Counsel. In this instance the list suggested for potential initial transfer was as follows:

· Allotments

· Public Conveniences

· The Senior Citizens Hall

· Weston Community Centre

· Markets

· Town Centre Management Services

· Christmas Lights

· Street Furniture

· Hanging Baskets

· CCTV

· Tourist Information

It was stressed that this list could be added to in future years but in accordance with the advice received it was important not to transfer too many assets or services at this first stage as the new Council might not have the adequate expertise to properly administer them. Once established the Parish Council itself could decide on how it wanted to develop and on the transfer of any additional assets and services for which it wished to take on responsibility.

With reference to setting a precept Members were advised that Officers would prepare an initial estimate of the finance needed in time for this to be set. It was also agreed that provision be included to support 2.5 full time staff, these being a Clerk, an Assistant Clerk and a part time Mayors Secretary.

The Sub-Committee was advised that, in accordance with the earlier decision concerning the involvement of Macclesfield Local Service Delivery Committee, both the list of assets and the associated budget would be submitted to it for consideration and for its views to be reported back to the Sub-Committee.

RESOLVED

1. That the following assets and services be considered for transfer to the new Council, that they be considered by the Macclesfield Local Service Committee, and that their views on this and the initial budget estimate be reported back to this Sub-Committee for further consideration.