Parish Council Terms of Reference
Approved by Shavington cum Gresty Parish Council on 4 May 2022
| 12 Members of the Authority | Quorum 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 1 | Delegation 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 projects | None, but to receive advice from Finance and Strategy Committee as appropriate. |
| Liaising with the Police and other outside bodies on matters pertaining to the Parish | To 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 Parish | None |
| 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 vacancies | None 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 conferences | None 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 Competence | None |
| 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 Clerk | The appointment, subject to confirmation by Council is delegated to Staffing Committee. |
| Other Personnel matters | As set out in Terms of Reference for Staffing Committee |
| Health and Safety Policy – General Statement and Organisation | None. 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 accounts | Council/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 arrangements | In 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 Council | RFO 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 process | Committee |
| To arrange extra meetings or alter time/date of meetings | Committee 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 committee | Committee/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 community | All Committee – except for Finance &Strategy and Staffing Committee |
| Land | |
| 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.