Documents
Auto-enrolment Pensions
Essential information for Councillors, Local Councils and Clerks
Significant changes to workplace pensions have taken place and following a number of queries from councillors, clerks, county associations and county branches; NALC and SLCC have agreed to issue this information note to emphasize the importance of Council's understanding the implications of this change.
Thu, 01 Oct 2015
LCAS Application Checklist
This document is a resource for Local Councils taking part in the Local Council Award Scheme
My council has not registered to take part in the scheme – this document is a useful tool to map where you do meet the criteria, and to help you see what work would need to take place before you apply
My council has the relevant criteria in place and has already registered with NALC – you can complete this document and submit it to your local accreditation panel. This will help them find the necessary information and make sure they don't miss any details by mistake.
Fri, 18 Sep 2015
LTN-85 The Community Right to Nominate and Bid for Assets of Community Value
LTN-85 - The Community Right to Nominate and Bid for Assets of Community Value- September 2015
This LTN considers the relevant 2011 Act provisions and the Assets of Community Value Regulations (2012) and the implications of parish councils.
Tue, 01 Sep 2015
Issuing Council documents by email and publishing online
Until April 2015, the legislation covering the issuing of the summons and papers for a council meeting did not permit the use of emails. Although many councils used email practically the legislation did not permit this.
The Local Government (Electronic Communications) (England) Order 2015 has amended the legislation and now permits the use of email for sending the summons, agenda and other papers provided that the member has given their consent.
This FAQ Sheet, runs through these issues and also looks at how the Transparency Code (2015) will play a role in the online publishing of information.
Tue, 01 Sep 2015
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
Statement of Safety Policy
The Council recognises that employees, elected
members and volunteers, will from time to time drive as a part of their work or engagement with the Council. Driving, by its very nature, exposes these individuals and others to the risk of minor or major injury and possible fatality. The Council will endeavour to ensure that all individuals who drive
as part of their duties do so in a competent, legally compliant and considerate manner to minimise any potential for injury, loss or damage.
This document provides a note of the Council's responsibilities to both monitor and review their safety at work policies, in relation to safe driving.
Sat, 01 Aug 2015
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
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
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-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
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
The Accounts and Audits Regulations 2015
Accounts and Audits Regulations 2015 document (Statutory Instrument)
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
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
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
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
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
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
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
LTN-67 Nuisance (Private)
LTN-67 Nuisance (Private)- October 2014
This LTN deals with the subject of private nuisance.
Wed, 01 Oct 2014
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
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
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
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
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-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-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
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-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
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
