Under the Localism Act 2011 (“the Act”), a Member or Co-opted Member who has a disclosable Pecuniary Interest in a matter that is under consideration may not participate in the consideration of that matter unless they have first obtained a dispensation from the ‘relevant authority’. Previous dispensations were issued by the Standards Committee of the District Council, but as Parish/Town Councils are defined as a ‘relevant authority’ under the Act, they are now responsible for determining requests for a dispensation by a Member under Section 33.
This guide explains:
In certain circumstances Councillors may be granted a dispensation that enables them to take part in Council business where this would otherwise be prohibited because they have a Disclosable Pecuniary Interest. Provided Councillors act within the terms of their dispensation there is deemed to be no breach of Code of Conduct or the law.
Dispensations may allow the Councillor to participate in any:
If a dispensation is granted, the Councillor may remain in the room where the meeting considering the business is being held.
Please note: that, if a Councillor participates in a meeting where they have a Disclosable Pecuniary Interest and they do not have a dispensation, they may be committing a criminal offence under Section 34 of the Act.
Any Councillor who wishes to apply for a dispensation must complete a Dispensation Request Form and submit it to the Clerk before the meeting for which the dispensation is required, giving the Clerk as much notice as possible.
Millom Town Council delegates authority to the Town Clerk to determine requests for dispensations under criterion (a) below. Determination of requests under criteria (b) and (c) is reserved for determination by the full Council.
A dispensation may be granted to a Councillor who has a Disclosable Pecuniary Interest to participate in any discussion of a matter at a meeting and/or to vote on the matter if it is considered that:
If the Council’s Code of Conduct prevents a Councillor from speaking or voting where they have an interest other than a Disclosable Pecuniary Interest, the Council will extend the provisions of the above paragraph to apply in the same way to those interests.
The Town Clerk should formally notify the Councillor of their decision and the reasons in writing at the earliest opportunity.
The following are examples of factors that may be appropriate in determining requests for dispensations, but it is not an exhaustive list:
Dispensations may be granted:
Any Councillor who has been granted a dispensation by the Clerk must disclose the nature and existence of the dispensation before the commencement of any business to which it relates. A copy of the dispensation will be kept with the Council’s Dispensation Register.
The Council may grant a general dispensation to all Councillors in situations where every Member is likely to have Disclosable Pecuniary Inte
Signed: …………………………….. (Chair) Dated: 30th October 2024


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