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Dispensations Process

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1 Introduction

1.1 The Standards Committee is responsible for determining requests for

dispensation by Councillors of Stafford Borough Council under Section 33(2)

Localism Act 2011.

1.2 This guide explains:-

(a) the purpose and effect of dispensations

(b) the procedure for requesting dispensations

terms of dispensations.

2 Purpose and effect

f dispensations

2.1 In certain circumstances Councillors may be granted a dispensation which

enables them to take part in Council business where this would otherwise be

prohibited under the Code of Conduct or by law. Provided Councillors act

within the terms of their dispensation there is deemed to be no breach of the

Code of Conduct or the law.

3 Process for making

equests

3.1 Any Councillor who wishes to apply for a dispensation must fully complete

the attached form at Appendix A and submit it to the Monitoring Officer at

least 15 working days before the meeting for which the dispensation is

required. Applications may be accepted within a shorter period in

exceptional circumstances.

3.2 In order to avoid delay Councillors must ensure that they give full details of the

grounds for their request and submit it to the Monitoring Officer as soon as

they become aware that a dispensation is necessary.

3.3 A request for dispensation must be made on an individual basis. Group

applications are not permitted.

4 Consideration by the monitoring officer

4.1 The Monitoring Officer will consider requests for a dispensation in the

order in which they are received having regard to the criteria set out in

paragraph 6.

4.2 In the case of a Disclosable Pecuniary Interest, the Monitoring

Officer, after consultation with the Chairman of the Standards

Committee and the Independent Person, may grant a dispensation

if they consider that either

(a) without the dispensation the number of persons prohibited by

Section 31(4) Localism Act 2011 from participating in any

particular business would be so great a proportion of the body

transacting the business as to impede the transaction of the

business (i.e. the meeting would be inquorate); or

(b) without the dispensation each member of the Council's

executive would be prohibited by Section 31(4) Localism Act

2011 from participating in any particular business to be

transacted by the Council's executive.

4.3 The provisions of paragraph 4.2 shall also apply in the same way in the

case of an Ordinary Pecuniary Interest, subject to the substitution of “the

Code of Conduct” for “Section 31(4) Localism Act 2011” in that

paragraph.

4.4 The terms of any dispensation shall be in accordance with paragraph 7.

4.5 The Monitoring Officer will notify the Councillor of their decision and

reasons in writing at the earliest opportunity and in any event within 5

working days of the decision.

4.6 If the Monitoring Officer does not fully grant the dispensation requested by the

Councillor, they shall refer the request to the Standards Committee as soon as

is reasonably practicable.

5 Consideration by the standards committee

5.1 The Standards Committee will consider requests for a dispensation referred

by the Monitoring Officer in the order in which they were received by the

Monitoring Officer having regard to the criteria set out in paragraph 6.

5.2 Meetings of the Standards Committee will normally be open to the public

and any Councillor who has submitted a request will have the opportunity to

attend and make representations in support of their application.

5.3 In the case of a Disclosable Pecuniary Interest, the Standards Committee

may grant a dispensation if they consider that

(a) without the dispensation the number of persons prohibited by

Section 31(4) Localism Act 2011 from participating in any particular

business would be so great a proportion of the body transacting the

business as to impede the transaction of the business (i.e. the

meeting would be inquorate)

(b) without the dispensation the representation of different political

groups on the body transacting any particular business would be so

upset as to alter the likely outcome of any vote relating to the

business

Council's area

without the dispensation each member of the Council's executive

would be prohibited by Section 31(4) Localism Act 2011 from

participating in any particular business to be transacted by the

Council's executive; or

(d) it is otherwise appropriate to grant a dispensation.

5.4 The provisions of paragraph 5.3 shall also apply in the same way in the case

of an Ordinary Pecuniary Interest, subject to the substitution of “the Code of

Conduct” for “Section 31(4) Localism Act 2011” in that paragraph.

5.5 The terms of any dispensation shall be in accordance with paragraph 7.

5.6 The Monitoring Officer will notify the Councillor of the Committee’s decision

and reasons in writing at the earliest opportunity and in any event within 5

working days of the decision.

6 Criteria for

determi

nation of requests

6.1 In reaching a decision on a request for a dispensation the Monitoring Officer or

the Standards Committee (as appropriate) will take into account:

(a) the nature of the Councillor’s prejudicial interest

(b) the need to maintain public confidence in the conduct of the Council’s

business

(d) the need for efficient and effective conduct of the Council’s business

any other relevant circumstances.

7 Terms of

dispensatio

7.1 Dispensations may be granted:

(a) for one meeting; or

(b) for a period not exceeding 4 years.

7.2 Dispensations may allow the Councillor:

(a) to participate, or participate further, in any discussion of the matter at

the meeting(s); and/or

(b) to participate in any vote, or further vote, taken on the matter at the

meeting(s).

7.3 If a dispensation is granted, the Councillor may remain in the room where the

meeting considering the business is being held.

8 Disclosure of decision

8.1 Any Councillor who has been granted a dispensation must declare the

nature and existence of the dispensation before the commencement of

any business to which it relates.

8.2 A copy of the dispensation will be kept with the Register of Councillors’

Interests.

Appendix A

Stafford Borough Council Standards Committee

Dispensation Request Form

Please give full details of the following in support of your application for a

dispensation. You should refer to the accompanying guidance “Dispensations

Process and Form”.

If you need any help completing this form please contact the Monitoring Officer.

Your name

Decision-making body in respect of which

u require a dispensation

Details of your membership of that body

The business for which you require a

ispensation (refer to agenda item

mber if appropriate)

Details of your interest in that business

Date of meeting or time period (up to 4

ears) for which dispensation is sought

Dispensation requested to participate, or

articipate further, in any discussion of

hat business by that body

Yes/No

Dispensation requested to participate in

ny vote, or further vote, taken on

at business by that body

Yes/No

Full reasons why you consider a

ispensation is necessary (use a

ontinuation sheet if necessary)

Signed: ……………………………………… Dated: ………………………………….

Please send your completed form to:

The Monitoring Officer

Stafford Borough Council

Civic Centre

Riverside

Stafford

or by email to: monitoringofficer@staffordbc.gov.uk

You will normally receive notification of the Monitoring Officer’s decision within

5 working days of the decision.

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