Chapter 6 - The Charter
6.1 The Charter will set out how the principal local authority and parish councils will work in partnership. It will cover the relations between the principal local authority and parish council and will also set out the additional benefits and responsibilities that parish councils can expect from achieving Quality status.
6.2 These Charters should be tailored to local circumstances, however they should also incorporate a number of general principles and cover a common set of topics. A Model Charter has been developed for this purpose, which is attached at Appendix 2. While there is no requirement to use the model charter, we would expect charters to cover the same basic principles that are set out in the model. The model is there to help principal local authorities and parish councils draw up charters in consultation with each other, and draws on guidance from the Local Government Association and National Association of Local Councils on securing effective relationships between the tiers. It has also drawn from examples of existing charters.
6.3 The model charter is set out in two parts. The first part concerns the relationship between the principal local authority and all parish councils in its area. This part gives details of general working practices for achieving improved partnership working, including the process of preparing and implementing community strategies, information flow and dialogue between the tiers.
6.4 The second part of the model charter sets out the enhanced role that Quality Parish Councils in the area can expect to play and covers the benefits of Quality status as set out in chapter 3. The model indicates where it is expected that more detailed provisions that reflect local circumstances will be included. The content of these sections should be considered and discussed between the tiers in drawing up the charter.
6.5 Arrangements with Quality Parish Councils over partnership working and the devolving of particular functions and services will need individual discussion and agreement. It may be appropriate in some areas for the principal local authority to delegate an agreed common list of services and functions to each Quality Parish Council. In other areas, it may be more appropriate to delegate different sets of functions to individual Quality Parish Councils, depending on each council’s circumstances. There may also be scope for joint working between two or more Quality Parish Councils to enable them to develop the capacity and economies of scale to create the necessary organisational strength to deliver a local service or enter a partnership. The overriding principle when taking decisions on the delegation of services and functions is to secure best value for local communities.
6.6 Listed below are some functions that might be considered for delegation to parish councils by the principal local authority:
- Control of markets
- Street cleaning
- Maintenance of highway verges, footways and footpaths
- Litter collection and litter control measures
- Street lighting (other than principal routes)
- Recycling provisions
- Street naming
- Parking restrictions (and related matters)
- Issue of bus and rail passes and other transport voucher schemes (e.g. taxi vouchers)
- Road safety measures
- Noise and nuisance abatement
- Tree Preservation Orders
- Some aspects of development control
- Some aspects of the management of libraries and museums
- Some aspects of leisure and tourism provision (e.g. bowling greens, playing fields, issue of leisure permits)
- Public conveniences
- Allotments
- Taxi and public entertainment licensing
6.7 Local charters based on the model charter need to be the subject of consultation between principal local authorities and all the parish councils in their area. Principal local authorities should record the action taken to consider any proposals from parish councils for partnership working on the delivery of local services.
6.8 Once a charter is in place, it should be formally reviewed from time to time, possibly every 4 years. Again, the process should include consultation and discussion between the tiers. Powers
6.9 Both principal authorities and parish councils will need to assure themselves that they have the necessary powers to delegate and/or undertake new or different functions. Following the 1998 Local Government White Paper, the Local Government Act 2000 introduced a new discretionary power to principal local authorities to do anything which they consider is likely to achieve the promotion or improvement of the economic, social or environmental well-being of their area. This may be for the benefit of those who live in, work in or visit the area. This allows principal local authorities to take any action promoting well-being, unless it is subject to statutory prohibitions, restrictions or limitations or raises money. For example, it enables principal local authorities to work in partnership with other bodies (including parish councils) and to assist other statutory bodies to discharge their functions, or to exercise those functions on their behalf. [Footnote] This facilitates principal local authorities and other statutory service providers to work together to deliver services in ways which meet the needs of communities.
6.10 To facilitate a more co-ordinated and coherent response to local service delivery, the Local Government Act 2000 also introduced a new duty on principal local authorities to prepare community strategies. These strategies, developed with local people, business, public and voluntary organisations will set out how the authority will work to promote the well-being of their local community by establishing common priorities and the actions to address them.
6.11 In exercising the power and preparing the community strategy, principal local authorities must have regard to the Government’s guidance. Two sets of guidance were published in December 2000 [Footnote] and in March 2001 [Footnote].
6.12 The power to promote well-being is part of the modernisation of local government and gives councils the authority to lead their communities. This is a role the Government expects councils to assume. As principal local authorities are statutory corporations and operate within a framework laid down by statute and have no powers to act other than where they are expressly authorised by law to do so, it is in accordance with the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 S.I. 2000/2851 as amended by S.I. 2001/3961 or s101 of the Local Government Act 1972 that principal local authorities may allow parish councils to discharge certain functions on their behalf. A principal local authority can also use well-being powers to give financial assistance to a parish council.
9 Other bodies should ensure that they have the necessary powers to exercise these functions. [Return to text]
10 Preparing Community Strategies: Government Guidance to local authorities, December 2000. [Return to text]
11 Power to Promote or Improve Economic, Social and Environmental Well-Being, March 2001. [Return to text]
Page last modified:
19 May, 2005
Page published: 7 November 2001