Penkridge Parish Council
Dispensation Policy
Introduction
Parish Councils are now responsible for determining requests for dispensation by a Parish Councillor under
Section 33 of the Localism Act 2011. The dispensation allows a decision to be made where the
Council/Committee would otherwise be inquorate, by virtue of the number of Councillors having an interest
and being therefore unable to take part. A dispensation enables Councillor(s) to take part in Council
business where this would otherwise be prohibited because they have a Disclosable Pecuniary Interest or
another interest. Provided Councillors act within the terms of their dispensation there is no breach of the
Code of Conduct or the law.
Please note: If a Parish Councillor participates in a meeting where they have a Disclosable Pecuniary
Interest and they do not not have a dispensation, they may be committing a criminal offence under s34 of
the Localism Act 2011.
Process for Making Requests
Any Councillor who wishes to apply for a dispensation must complete a Dispensation Request form and
submit it to the Proper Officer of the Parish Council (ie the Parish Clerk) no later than 5 days before a
meeting which the dispensation is required. A request for dispensation must be made on an individual
basis. Consideration by the Parish Clerk on behalf of the Parish Council, the authority to grant dispensations.
The Council to delegate this role to the Clerk and to make a formal resolution to this effect, on the lines of:
“RESOLVE that the Council delegates the power to grant dispensations to the Clerk.
The power rests with the relevant Authority under section 33(1) of the Localism Act 2011 and the basis is set
out under section 33(2). ” The Clerk or the Council may grant a dispensation to a Councillor who has a
Disclosable Pecuniary Interest to participate in any discussion of a matter at a meeting and/or to
participate in any vote on the matter if they consider that:
a) so many members of the decision-making body have disclosable pecuniary interests that it would
impede the transaction of the business (i.e. the meeting would be inquorate); or
b) the authority considers that the dispensation is in the interests of persons living in the authority’s area;
or
c) it is otherwise appropriate to grant a dispensation.
The Council may wish to extend the provisions of the above paragraphs to apply in the same way in the
case of a “non-disclosable pecuniary interest” or an “other interest”, as defined in the Code of Conduct,
but this is at the discretion of the Council. The Clerk or Council should formally notify the Councillor of their
decision and reasons in writing at the earliest opportunity and in any event within 5 working days of the
decision.
Criteria for Determination of Requests
In reaching a decision on a request for a dispensation the Clerk (as appropriate) will take into account:
– the nature of the Councillor’s prejudicial interest
– the need to maintain public confidence in the conduct of the Council’s business.
– the possible outcome of the proposed vote
– the need for efficient and effective conduct of the Council’s business
– any other relevant circumstances
Terms of Dispensations
Dispensations may be granted:
– for one meeting; or
– or a period not exceeding 4 years
Disclosure of Decision
Any Councillor who has been granted a dispensation must declare 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 Register of Councillors’ Interests.
Recommendation:
The Council to delegate this role to the Clerk and to make a formal resolution:
“RESOLVED that the Council delegates the power to grant dispensations to the Clerk.
Penkridge Parish Council
Dispensation Request Form
Request for Dispensation Under Section of the Localism Act 2011
Name of Applicant: ___________________________________________________________
Description and
Nature of Interest: ___________________________________________________________
___________________________________________________________
___________________________________________________________
Dispensation
Required For: DISCUSSION ONLY
Please delete
As appropriate DISCUSSION AND A VOTE
Date of Meeting: ___________________________________________________________
OR
Period for which
Dispensation is sought
(not exceeding 4 years) ____________________________________________________________
Explanation as to
Why dispensation
Is sought ____________________________________________________________
_____________________________________________________________
Signed: ______________________________ Date: ______________________
DECISION:
Dispensation Given : YES / NO
Reason [if any] ………………………………………………………………………………………………………………………….
Signed …………………………………………………………………………………. Date: …………………………………………….
Clerk to the Council
