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LTN-56 The Provision of play and sports equipment on Village Greens

LTN-56 The Provision of play and sports equipment on Village Greens - August 2015

Local councils can erect equipment for lawful sports and pastimes

Sat, 01 Aug 2015

Tags: LTN, Legal, NALC

Standing Orders and Financial Regulations Update L05-15

The NALC publication 'Local Councils Explained' includes a set of model Standing Orders for councils.

Changes in legislation governing contracts mean that model standing order 18 a(v),18c and 18f now need to be amended and this briefing note sets out the position.

Sat, 01 Aug 2015

Public Contracts Regulations 2015 LO5-15

Public Contracts Regulation 2015- Impact on the standing orders and financial regulations adopted by councils.

Wed, 01 Jul 2015

LTN-23 Health and Safety

LTN-23 Health and Safety- July 2015

The Health and Safety Executive (HSE) advises that over 200 people lose their lives at work in the UK each year. Local councils are made up of 80,000 councillors and employ 25,000 staff and have a legal responsibility to ensure the safety of its employees and others. This LTN covers such.

Wed, 01 Jul 2015

Tags: LTN, NALC, Legal

LTN-15 Legal Proceedings

LTN-15 Legal Proceedings- July 2015

This LTN identifies the main types of legal proceedings in civil law that local councils may become involved in and describes important considerations.

Wed, 01 Jul 2015

Tags: LTN, Legal, NALC

LTN-16 Control of Litter

LTN-16 Control of Litter- May 2015

This LTN sets out law and procedures in relation to keeping public places free of litter.

Fri, 01 May 2015

Tags: LTN, Legal, NALC

A Guide to Understanding Procurement

In order to ensure the best use of public money we need to be smarter in how we procure the things we need. Where another public body has a contract we can use, it meets our requirements and offers value for money we should use it. Where there is none then we may need professional advice on how to let our own.

This toolkit is designed to give general advice and provides signposts to other public buying organisations who have contracts we can use and bodies that can provide professional procurement services and tendering support.

A simple checklist highlights the common issues and pitfalls we need to address and there is also advice on preparing specifications and complying with legislation.

Wed, 01 Apr 2015

LTN-58 Appealing Planning Decisions

LTN-58 Appealing Planning Decisions- April 2015

Section 78 of the Town and Country Planning Act 1990 provides that applicants for planning permission can appeal the decision of a local planning authority where the decision is...

Wed, 01 Apr 2015

The Accounts and Audits Regulations 2015

Accounts and Audits Regulations 2015 document (Statutory Instrument)

Wed, 01 Apr 2015

Transparency Code - NALC Legal Briefing L02-15

NALC's supplementary legal briefing note on the requirements of the Transparency Code for smaller councils

Wed, 01 Apr 2015

Transparency Code - NALC Legal Briefing L05-14

NALC's Legal Briefing on the requirements of the Transparency Code for smaller authorities with a turnover of less than £25,000.

Tue, 06 Jan 2015

The General Power of Competence

Local councils in England were given a 'general power of competence' (GPC) in the Localism Act 2011, sections 1 to 8. This paper explains the freedom granted by the general power, the criteria to be met before a local council can use it and some restrictions on using the power.It notes the CiLCA questions and pass criteria (see also the Portfolio Guide 2012) and some useful weblinks.The power does not apply to parish meetings or to local authorities in Wales.

Thu, 01 Jan 2015

LTN-8 Elections

LTN-8 Elections- January 2015

A number of changes were made to electoral arrangements by the Electoral Administration Act. Relevant amendments have been incorporated in this note.

Thu, 01 Jan 2015

Open and Accountable: A Guide

Government is currently implementing increasing transparency and scrutiny requirements. The most high profile change is the Openness of Local Government Bodies Regulations 2014 which came into effect in August 2014 and brought in the public right to report from local council (and principal local authority) meetings.

The law gives the public and press the right to report, which includes filming, blogging, photographing and use of social media at council meetings (including committees), in most circumstances, although not for legitimately confidential items. Councillors can also report from the meetings but must take care not to disrupt the meeting and in the interests of natural justice, should still be listening to and participating in the debate so that they can make informed decisions.

Whatever form of reporting is used, editing and re-use (retweeting, republication etc) of the result is readily possible. However, councils will be aware that reports from meetings in written form including tweeting and blogging have been fairly commonplace for some time. Covert filming and audio recording have not been unknown either. Now, the difference is that such reporting activities will usually be conducted overtly and councils will be preparing themselves properly for facilitating and managing this reporting, in anticipation that the likelihood of reporting has risen.

Mon, 01 Dec 2014

Transparency Code for Smaller Authorities

1. This Code is issued to meet the Government's desire to place more power into citizens' hands to increase democratic accountability. Transparency gives local people the tools and information they need to hold local public bodies to account.

2. The Local Audit and Accountability Act 2014 sets out a new audit framework for local public authorities which are currently covered by the Audit Commission regime. Under the new audit framework smaller authorities, including parish councils, internal drainage boards, charter trustees and port health authorities, with an annual turnover not exceeding £25,000 will be exempt from routine external audit. In place of routine audit, these smaller authorities will be subject to the new transparency requirements laid out in this Code. This will enable local electors and ratepayers to access relevant information about the authorities' accounts and governance.

3. The Government considers that publication of the items in this Code will provide the local electorate and ratepayers with a clear picture of the activities of these smaller authorities. Most of this information is already produced by the majority of smaller authorities with a turnover not exceeding £25,000, and the Government therefore considers that compliance

Mon, 01 Dec 2014

LTN-67 Nuisance (Private)

LTN-67 Nuisance (Private)- October 2014

This LTN deals with the subject of private nuisance.

Wed, 01 Oct 2014

Tags: LTN, Legal, NALC

Using Social Media at Council meeting: Guidelines

The right to record, film and to broadcast meetings of the Council, Committees and Sub Committees is established following the Local Government Audit and Accountability Act 2014. This is in addition to the rights of the press and public to attend such meetings.

1. The Council will make the Council chamber available to the public 15 minutes before and after meetings for the setting up and removal of any filming equipment.

2. Members of the public are permitted to film or record meetings to which they are permitted access, in a non-disruptive manner and only from public areas.

3. Meetings or parts of meetings from which the press and public are excluded may not befilmed or recorded.

Mon, 01 Sep 2014

Example Person Specification for Clerk

This is an example of person specification for a medium-sized council.

Mon, 01 Sep 2014

LTN-3 Powers of a Parish Meeting

LTN-3 Powers of a Parish Meeting- September 2014

Purpose, name, style, constitution and governance

Mon, 01 Sep 2014

Tags: LTN, Legal, NALC

LTN-6 Meetings of Parish Meetings

LTN-6 Meetings of Parish Meetings- September 2014

This note explains the statutory requirements which apply to a meeting (hereinafter referred to an assembly) of a parish meeting of a parish with or without a separate parish council.

Mon, 01 Sep 2014

Tags: LTN, NALC, Legal

Standing Orders - Amendment L02-14

NALC's publication 'Local Councils Explained' includes a set of model Standing Orders for parish and town councils to use as they wish.

As a result of the Openness of Local Government Bodies Regulations 2014, councils cannot continue to use model Standing Order 3(l) after 5th August 2014. This briefing updates the position.

See also Legal Topic Note 5 on Parish and Community Council meetings.

Mon, 01 Sep 2014

LTN-1 Councils' Powers to Discharge their Functions

LTN-1 Councils' Powers to Discharge their Functions- August 2014

When statutory functions are conferred on a local council, they are given to the full council. This means that formal decisions (known as resolutions) about the discharge of the council's statutory functions and the related responsibilities must be made at meetings of the full council. It is often impractical for the full council to meet every time decisions need to be made. Therefore legislation permits a council to delegate the performance of its statutory and legal responsibilities to:

? a committee; ora sub-committee; or an officer of the authority; or another local authority.

Fri, 01 Aug 2014

LTN 81 Pre-determination

LTN 81 Pre-determination- August 2014

Decisions made by local authorities and other public bodies which are based on bias or predetermination have always been open to legal challenge by judicial review. There is useful caselaw which gives guidance on how decision-makers such as councillors should avoid bias and predetermination.

Fri, 01 Aug 2014

LTN-46 Registered Land

LTN-46 Registered Land- August 2015

About 25% of all land remains unregistered. Under the Land Registration Act 2002, it is now compulsory to register all unregistered land when ownership changes or there is a charge for the first time.

Fri, 01 Aug 2014

LTN-66 Nuisance (Public and Statutory)

LTN-66 Nuisance (Public and Statutory)- August 2014

A statutory nuisance is anything contained in s.79 (1) of the Environmental Protection Act 1990 ("the 1990 Act") as a statutory nuisance.

Fri, 01 Aug 2014

Tags: LTN, Legal, NALC

Grants making policy

This grants making policy is to be used as a gruidline, councils should consider the powers that underpin the grant making process.

Tue, 01 Jul 2014

LTN-65 Closed churchyards and disused burials grounds

LTN-65 Closed churchyards and disused burials grounds- June 2014

Legal Topic Note 65 deals with the law relating to closed churchyards and disused burial grounds.

Sun, 01 Jun 2014

LTN-9E Handling Complaints

LTN-9E Handling Complaints- June 2014

This Legal Topic Note is intended to assist local councils deal with formal complaints they receive about their operations and services.

Sun, 01 Jun 2014

LTN-77 Public Rights of Way

LTN-77 Public Rights of Way- June 2014

The purpose of this LTN is to give an overview of the law relating to public rights of way in England and Wales.

Sun, 01 Jun 2014

Tags: LTN, Legal, NALC

LTN-64 Tombstones and Memorials

LTN-64 Tombstones and Memorials- May 2014

Legal Topic Note 64, looks at issues regarding tombstones and memorials at burial sites.

Thu, 01 May 2014