UK Parliament / Open data

Local Audit and Accountability Bill [HL]

My Lords, I shall speak also to the other amendments in this group. These amendments clarify how the audit-related functions in the Bill will sit in the case of a parish meeting where there is no separate parish council. Where new functions are created as a consequence of the local appointment of auditors, the amendments clarify where those functions will sit for a parish meeting. The amendments are relatively minor in nature.

Unlike a parish council, a parish meeting has only one elected member: its chairman. However, all local government electors in the parish are entitled to vote at a parish meeting and are therefore, arguably, members. Where there is no separate parish council, the chairman and the proper officer of the district are together known as the parish trustees, and the parish trustees are the body corporate of the parish meeting.

The principle we have used is that, where a function is of an administrative nature—which is the case in the majority of functions—it would be exercised by the chairman on behalf of the parish meeting. For example, the chairman will be responsible for ensuring that a local government elector may inspect the statement of accounts. This rule is set out in Amendment 36. Where a function is of a deliberative or decision-making nature, it would sit with the parish meeting itself rather than be delegated to the chairman. For example, the decision to appoint an auditor, and the consideration of a report in the public interest, will sit with the parish meeting itself. These exceptions to the general rule are set out in Amendments 16, 44, 45, 48, 53, 68 and 71.

Amendments 15, 19 and 20 would ensure that certain duties that would otherwise be placed on members of the parish meeting are restricted to the chairman and the proper officer of the district and are not placed on all local government electors. These functions include supplying information and attending meetings with the auditor. This approach is consistent with the treatment

of parish councils in the Bill, where the functions are placed only on council members and do not extend to local government electors.

Amendments 62 and 69 would remove disproportionately onerous and costly burdens from the chairman of a parish meeting. He will not be required to supply a copy of a report in the public interest to all local government electors. Local government electors will be able to access a report in the public interest or a written recommendation under provisions made in Clause 24. Amendment 34 would insert a definition of “parish meeting” into the Bill and Amendments 42 and 55 would reflect that definition.

Finally, Amendments 60, 63 and 66 are tidying amendments. These are redundant in the light of Section 231 of the Local Government Act 1972, which provides that where a document is to be served on a parish meeting, it should be addressed to the chairman.

I should also make clear to noble Lords that we have discussed these amendments with the smaller authority sector, and I confirm that the National Association of Local Councils is content with them. On that basis, I beg to move.

Type
Proceeding contribution
Reference
751 cc626-7 
Session
2013-14
Chamber / Committee
House of Lords chamber
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