Town Hall
High Street
Coleshill
Warwickshire
B46 3BG
Coleshill Town
Council
Request for a Dispensation Form
Part 1 – Members Application
TO: MONITORING OFFICER / DEPUTY MONITORING OFFICER
I (name of Member)
Adam Farrell
wish to apply for a Dispensation from the requirement not to participate in or vote in respect
of a matter at a meeting of the Council because of a Disclosable Pecuniary Interest (DPI)
Please Specify title of the meeting and date
Meeting Title : Full Council
Date : 5th July 2017
Please specify your DPI and how it relates to taking part:
I am a trustee of the Coleshill Grammar School Endowment Foundation. The Council wishes
to discuss the potential of entering into negotiations about a buying a piece of land from said
organisation.
I receive no remuneration from the said trust and I am appointed to this body by the Town
Council.
I would excuse myself from all meetings at the Trust where is decision was being discussed
and subsequently made.
Please Specify why a Dispensation should be granted:
(This should be for one or more of the reasons set out in the Appendix)
Given that I do not receive any payment from the Trust and that I am appointed to the
organisation as a Member of Coleshill Town Council, I believe it would be in the best
interests of the residents who elected me, if I were able to represent their views on a
significant decision the Council is about the make on the future of our role as the Burial
Authority. To be missing from such a discussion would potentially leave the Council
impeded in making this decision given the other members potentially affected by virtue of
their relationship with the Trust.
SIGNED A.Farrell
DATE: 27.06.2017
Note
This form enables you as a Member to seek a Dispensation from the Restriction from Participating
and Voting in Meetings when a Member has a Disclosable Pecuniary Interest under the Localism Act
2011 (These are defined in Appendix A)
Town Hall
High Street
Coleshill
Warwickshire
B46 3BG
Coleshill Town
Council
Request for a Dispensation Form
Part 2 - Decision of Monitoring Officer
The Monitoring Officer (or in his / her absence the Deputy Monitoring Officer) AGREES that
a dispensation on behalf of the Council is appropriate after having had due regard to the five
grounds for a dispensation and all relevant circumstances because:PARTICULARS OF HOW GROUND(S) 1- 5 ARE SATISFIED / NOT SATISFIED:
1.
that without the dispensation the number of persons prohibited by section 31(4) from
participating in any particular business would be so great a proportion of the body transacting
the business as to impede the transaction of the business. The Council currently has 8 elected
members. A loss of 3 would leave a potential 6 available to attend, assuming all were available
for the arranged meeting date.
3.
that granting the dispensation is in the interests of persons living in the authority’s area.
Cllr. Farrell has responsibility for Chairmanship of the C & E Committee which looks after
cemetery matters and is one of the more experienced members of the Town Council.
5.
that it is otherwise appropriate to grant a dispensation. It is my understanding that Cllr.
Farrell will suspend himself from the CGSEF Trust body for a period of 6 months or while there is
any discussion on potential cemetery land purchase.
The Monitoring Officer / Deputy Monitoring Officer GRANTS the requested dispensation
(any decision to grant will be published on the Council’s website within 7 days of the
decision). If the application is refused you may renew your request to the Standards
Committee
PERIOD OF DISPENSATION:
(The dispensation must be for a fixed time period not exceeding 4 years or till re-election
whichever is shorter though will normally cover only a specific matter or meeting)
CHANGE OF CIRCUMSTANCES
Please note this Dispensation only applies for the circumstances as disclosed to the
Monitoring Officer – if your circumstances change please let the Monitoring Officer know
immediate as it may affect any Dispensation granted.
SIGNED
DATED 28 June 2017
APPENDIX A
Disclosable Pecuniary Interests under the Localism Act 2011 are
those held by you or your spouse / partner as follows:
CATEGORY 1 - Employment or business - Every type of employment, office, trade, profession
or vocation that you carry out or would declare for income tax purposes. It includes being an
employee and if you are a partner of a firm, and if you are a remunerated Director of a company.
CATEGORY 2 – Sponsorship - You have a sponsorship if any person or body, except the
Council, has made a payment to you in respect of your election expenses or any other expenses
incurred by you in the carrying out of your duties in the last 12 months.
CATEGORY 3 – Contracts -If you have any contracts, of which you are aware, which have not
been completed or discharged and which are:
(a) contracts for the supply of goods, services or works to the Council or on the Council's behalf, and
(b) between the Council and either yourself, a firm in which you are a partner, or a company of which
you are a Director, or in which you have a beneficial interest (as disclosed in 7 below).
CATEGORY 4 – Land & Property - This means any land or property in the Barking and
Dagenham Council Area in which you have a beneficial interest (that is, in which you have some
proprietary interest for your own benefit). It includes any property from which you receive rent, or of
which you are the mortgagee. Note "Land" includes any buildings or parts of buildings.
CATEGORY 5 - Licences to Occupy Land - This includes land in the Barking and Dagenham
Council area which you have a right either alone or jointly with another to occupy for 28 days or
longer, but neither own nor have a tenancy of. You should give the address or a brief description to
identify it. Note "Land" includes any buildings or parts of buildings.
CATEGORY 6 - Corporate Tenancies - Any tenancies of property of which you are aware where
the landlord is the Council, and the tenant is either a firm in which you are a partner or a company of
which you are a Director or in which you have a beneficial interest (as disclosed in 7 below).
CATEGORY 7 – Securities- This includes any companies, industrial and provident societies, cooperative societies (but not building societies) or corporate bodies that (to your knowledge) are active
in the Barking and Dagenham Council area and in which you have a beneficial interest that exceeds
the nominal value of £25,000 or one hundredth of the total issued share capital of that body
Appendix B
Grounds for Granting a Dispensation
1. that without the dispensation the number of persons prohibited by
section 31(4) from participating in any particular business would be
so great a proportion of the body transacting the business as to
impede the transaction of the business,
2. that without the dispensation the representation of different political
groups on the body transacting any particular business would be
so upset as to alter the likely outcome of any vote relating to the
business,
3. that granting the dispensation is in the interests of persons living in
the authority’s area,
4. that without the dispensation each member of the authority’s
Cabinet would be prohibited by section 31(4) from participating in
any particular business to be transacted by the authority’s Cabinet,
or
5.
that it is otherwise appropriate to grant a dispensation.