Elections and National guidance
Elections
12.1 Rotherham Council will provide support in the administration of the holding of Local Council elections. The respective authorities will work together to limit the costs of holding such elections. Where the costs are specific to the Local Council, for example professional fees and the printing of nomination packs and the printing of ballot papers, the Local Council will be responsible for the full costs. Where the election is combined with other elections, some costs can be shared, such as those relating to the cost of hiring polling stations and the fees paid for people to staff them.
National Guidance
13.1 This Agreement will reflect the latest legislation, guidance and duties emerging from central government. Such legislation evolves and changes over time and the Charter will be updated on a biannual basis to reflect this and any policy response from RMBC.
13.2 Localism Act
The 2011 Localism Act brought new powers and opportunities for Local Councils including:
- Community Right to Bid (Assets of Community Value)
This allows Local Councils a chance to prepare a business plan and secure funding to bid to buy facilities or buildings that are important to them. Examples could be a local pub, village shop, allotment, library, or community centre etc.
If a Local Council considers that a particular asset is or would be valuable to the local community it can nominate the asset to Rotherham Council with a request for it to be listed. Rotherham Council can refuse to list the asset but if they do they must explain their reasons to the Local Council. There is no right of appeal for Local Councils, but owners do have the right of appeal against the asset being listed. Once listed, if the asset comes up for sale, the owner must notify Rotherham Council who will impose a moratorium on the sale. There is a 6 week moratorium to allow a Local Council to express an interest, if they do, then the moratorium period is extended to 6 months to allow the Local Council to prepare a bid, however, once all bids are in, the owner can sell the asset to the bidder of their choice. - Community Asset Transfer
Community Asset Transfer is not the same as Community Right to Bid. Community Asset Transfer deals with an asset that is already in public ownership and allows for transfer of that asset to communities (Local Councils) at less than its market value, if this can be agreed between those participating. Rotherham Council agrees to enter this voluntary process with all Local Councils in the Borough. Rotherham Councils Community Asset Transfer policy and relating information is available to down load from the Council Website: - Community Right to Challenge
This community right gives Local Councils, either as a single parish or a cluster of parishes the opportunity to express an interest in running a service currently provided by Rotherham Council. Expressions of interest that comply with the requirements set out in the Act will trigger a procurement exercise conducted by Rotherham Council in compliance with the Localism Act 2011 and its own procurement procedures. RMBC undertakes to communicate the outcome of the procurement exercise to involve Local Councils and explain the reasons for any unsuccessful challenge. - General Power of Competence (GPC)
The Localism Act 2011 Sec 1 (1) gives eligible local councils, ’the power to do anything that individuals generally may do if they do not break other laws. It is intended to be a power of first, not last, resort. There are two criteria for a Local Council to be eligible to use the GPC (Statutory Instrument, Parish Councils (General Power of Competence) (Prescribed Conditions) Order 2012) these are:
• Elected Councillors - At the precise moment that the council resolves that it meets the criteria, the number of councillors elected at the last ordinary election, or at a subsequent by-election, must equal or exceed two thirds of its total number of councillors.
• The qualified clerk must hold at least one of the sector-specific qualifications and should have completed the relevant training designed as part of the National Training Strategy for Local Councils. - Neighbourhood Planning
See Planning Section 9.6
