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Parish Council Terms of Reference

Approved by Shavington cum Gresty Parish Council on 4 May 2022

12 Members of the AuthorityQuorum 4
Meeting will take place bimonthly  
Annual Council meeting is held in May, and then Council will meet every second month in accordance with the Annual calendar of meetings. The Parish Council has full authority for all functions, duties and responsibility, but may delegate certain decisions to a committee, sub-committee or to an officer. It cannot legally delegate such decisions to an individual councillor. Certain decisions are reserved to Council either by legislation or the choice of the Council.  
Function of the Council Column 1Delegation of Function Column 2
General Governance 
Adoption and amendment of any strategies and policies.None generally, but to receive advice from Finance and Strategy Committee as appropriate. Personnel policies delegated to Personnel Committee  
Approval of strategic projectsNone, but to receive advice from Finance and Strategy Committee as appropriate.  
Liaising with the Police and other outside bodies on matters pertaining to the ParishTo individual committees as set out in their delegation, otherwise reserved for Council  
Approval of any Neighbourhood Plan for consultation or submission to Cheshire East Council.  None, but drafts delegated to Planning Committee
Adopting and changing the Constitution, Standing Orders, Standing Orders for Contracts or Financial Regulations  None
Approving of annual budget, Precept, and Medium-Term Financial Plan  None
Any delegated decision which may mean a breach of Council Policy or Budget outside virement rules  None
Election of the Chair, and Vice-Chair  None
Appointment of Chairmen and Vice Chairman of committees, established by Council.  Council, or may delegate to individual committees
Agreeing and/or amending the Terms of Reference for Committees, deciding on their composition and making appointments to them.  None
Appointment of Members or Officers to outside bodies  None
Granting of the Honorary Freedom of the ParishNone  
Changing the name of the Parish Council  None
Making, amending, revoking, re-enacting or adopting Bylaws  None
To represent the view of the local community on matters of significance.None generally, but may be delegated to individual committees, through their terms of reference.  
Data Protection, Access to Information, Freedom of Information and Human Rights.Policy and Publication Scheme reserved to Council Strategic overview to Finance and Strategy Committee  
To institute or defend legal proceedings including proceedings for an injunction, to authorise the carrying out of works in default of a notice, and to lodge an appeal against any Court decision.None generally In cases of urgency, the Parish Clerk in consultation with Chair and Vice-Chair
All powers of the Council (except those reserved to Council by legislation) in the case of a civil emergency (including health related emergency), limited to £10,000 expenditure in accordance with Financial Regulations.  The Parish Clerk in consultation with two of: Chair, Vice-Chair or committee chairman subject to reporting justification to next Council.
In cases where a civil emergency is over an extended period and which hinders the holding of normal meetings, non-urgent decisions will be taken in consultation with all members of committee or Council.  The Parish Clerk in consultation with all members of Council or of the relevant committee subject to ratification at the next Council meeting.
Election issues and filling of vacanciesNone to Committee. Proper Officer to undertake all statutory notifications and actions to advise members as necessary.  
All duties of the Proper Officer under legislation, Standing Orders, Financial Regulations or Standing Orders for Contracts including issue of notifications and signing documents  Parish Clerk
 All duties of the Responsible Financial Officer under legislation, Standing Orders, Financial Regulations or Standing Orders for Contracts including issue of notifications and signing documents  Parish Clerk or other officer designated by resolution of Council
Nomination for attendance at conferencesNone Parish Clerk for Member training in accordance with policy.  
To do anything calculated to facilitate or conducive or incidental to the discharge of any function  Council unless specifically delegated.
Adoption of General Power of CompetenceNone
Personnel Issues 
To direct which post holders will be designated Proper Officer to the Council, Responsible Financial Officer and Data Protection Officer.  None but may be on recommendation of Personnel Committee
To determine the overall Staffing structure and approval of additional posts  None but appointment, set out in Terms of Reference for Staffing Committee
Confirming the appointment of Parish ClerkThe appointment, subject to confirmation by Council is delegated to Staffing Committee.  
Other Personnel mattersAs set out in Terms of Reference for Staffing Committee  
Health and Safety Policy – General Statement and OrganisationNone. Arrangements to Personnel Committee  
Quality and Integrated Management 
Conducting Best Value reviews if appropriate  Finance and Strategy Committee
Administration of the Complaints Procedure  As set out in Complaints Procedure.
Finance and Audit 
Authorisation of Payment of accountsCouncil/Finance and Strategy Committee/Parish Clerk/RFO in accordance with Financial Regulations
Approval of Annual Return, Statement of Accounts and Governance Statement  None
Approval of Banking Arrangements and choosing insurance providers  None but on advice of Finance and Strategy Committee
Approval of Orders for work, goods or services and acceptance of tenders  In accordance with Finance and Governance Committee TOR
Audit arrangementsIn accordance with TOR of Finance and Strategy Committee
Appointment of internal auditor and determining method of external auditor appointment.  None
Consideration of internal and external audit reports and response recommended by Committee or Sub- Committee.  None
Power to accept gifts, Local Government Act 1972, S139  None
Power to participate in schemes of collective investment, Trustees Investments Act 1962 s11.  None
Power to borrow, Local Government Act 1972 S111 and Sch. 13  None
Writing off bad debts  None
Proceedings or other steps to recover debt owing to the CouncilRFO for routine action
Finance and Strategy Committee to consider reports on aged debt and action.  
Annual review of Fees and Chargers  None
Approval of virements between committee budgets  None
Power to all Committees 
To undertake all functions delegated to them by Council. They may choose, because of uncertainty as to whether a function is delegated, or because of the sensitivity, controversy or seriousness of a matter, decide not to use the delegated power  Committee
Parish Clerk as set out in delegation
To make spending and income recommendations to Finance and Strategy Committee and to Council during the Budget processCommittee
To arrange extra meetings or alter time/date of meetingsCommittee or Parish Clerk in consultation with Chair and/or Vice Chair  
To monitor actions on minutes of the Committee.  Committee
To manage services for which they are responsible within an approved budget and policy.  Committee as delegated
Parish Clerk as delegated
To authorise spending/ issue works orders within budgets delegated to a committeeCommittee/Parish Clerk in accordance with Finance Regulations and Standing Orders for Contracts.
For capital projects, an application is made to Council to access a rolling Capital Fund.  
To appoint sub-committees or working groups on a task and finish basis, in accordance with Standing Orders, and appointment of their Chair and Vice Chair  Committee
To appoint non-Parish Councillors Members to the Committee as representative of the communityAll Committee – except for Finance &Strategy and Staffing Committee
Power to acquire by agreement, to appropriate, to dispose of, Local Government Act 1972 s124, 126,127.  None
Power to accept gifts of land, Local Government Act 1972 s139.  None
Power to acquire land for open spaces, Public Health Act 1875, S164; Open Spaces Act 1906, S9 and10  None
To decide arrangements for the closure of the Council offices in the Christmas/New Year period in consultation with Chair and Vice-Chair  Parish Clerk
Delegated Services 
To take on services from other local authorities or public bodies (LGA 1972, Sec 101, 111 and 112 or Localism Act 2011)  None
To undertake services for another local authority or public body  None
Planning and Development Control 
To make observations on major or controversial planning applications referred to it by Planning Committee.  None.
To make observations on Planning consultation documents from the Principal Council or other bodies.  None for Local Plan or HS2 Project, but to receive recommendations from Planning Committee.
All other Planning and Building Control matters.  Planning Committee

NB. Any actions delegated to the Parish Clerk/Proper Officer may in his/her absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Parish Clerk’s return.