Application for Dispensation

If you consider you have both a personal and prejudicial interest in any matter to be discussed by your council and the majority of members at your council have similar interests, you can use this form to make an application to the Standards Committee of South Kesteven District Council for dispensation.

The New Standards Committee (Further Provisions) (England) Regulations 2009 specify that dispensations may be granted if:

(i) More than half the members of a Council entitled to vote at a meeting are prohibited from doing so because they have both a personal and prejudicial interest in a matter to be discussed; or

(ii) the business of the Council will be impeded because the absence of members as a consequence of personal interests which are also prejudicial interests would upset the political balance of the meeting to such an extent as to prejudice the outcome of voting in that meeting.

1. Your details

Please provide us with your name and contact details:

Title *

First name *

Last name *

Address *

Postcode *

Daytime telephone *

Evening telephone *

Mobile telephone

Email address *

Council of which you are a member *

2. Making your application

a) Please provide a description of the matter for which dispensation is being sought. Please provide full details including amounts where the matter involves funding or finance. *

b) Please provide details of the nature of both the personal and prejudicial interest or interests *

c) What type of meeting is the dispensation being sought for? (ie Full Council, Committee or Sub Committee) *

d) Please can you confirm that more than 50% of members cannot vote, or that the political balance principles of the Authority cannot be met (ie please provide details of the number of members on the committee, and the number of members claiming dispensation) *

e) Please advise us on the length of time/number of meetings for which a dispensation is required. (Please note that it cannot be longer than 4 years nor exceed the term of office of the Councillors concerned. The dispensation should be no longer than is reasonably required) *

f) Are there any other factors which you think might help the Standards Committee to reach a decision on the matter?

When submitting a request for dispensation, please ensure that you provide as much detail as possible. It is important that full and complete details are provided. The Standards Committee cannot consider applications that lack information.

3. What happens next?

The Standards Committee will consider the applications for dispensation at the first meeting after receipt. The Committee normally meets every other month (the actual meeting dates can be found on our web site www.southkesteven.gov.uk), so it is important to send in an application as soon as a potential problem is known. The Standards Committee may convene an extraordinary meeting (if members are available to do so and the chairman or vic-chairman in the chairman's absence consider it appropriate to do so) to consider a dispensation request if it is urgent.

Consequently, the Standards Committee will weigh up:

The risks and consequences of both granting or refusing an application;
The extent to which the request could have been avoided;
Whether other arrangements could be made;
The affect on public perception and confidence in local governance; and
The extent of any personal benefit against the public benefit obtained by agreeing to a dispensation.

The Committee can decide the nature of any dispensation it grants. It could decide to allow a member to speak but not vote or to fully participate and vote.

Until such a dispensation is granted a Councillor with a prejudicial interest may not participate in the consideration of the matter before the Council (or any Committee or Sub-Committee) other than in the capacity as a member of the public in accordance with paragraphy 12(2) of the Members' code of conduct where that paragraph has been adopted by the council involved.

4. Additional help

Applications for dispensation must be submitted in writing. This includes fax and electronic submissions. However, in line with the requirements of the Disability Discrimination Act 2000, we can make reasonable adjustments to assist you if you have a disability that prevents you from making your complaint in writing.

We can also help if English is not your first language.

If you need any support in completing this form, please let us know as soon as possible.

If you have any queries could you please contact: the Monitoring Officer at South Kesteven District Council, Council Offices, St Peter's Hill, Grantham NG31 6PZ

Tel: 01476 406105

e-mail: l.youles@southkesteven.gov.uk

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