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A parish councillor is treasurer for a registered charitable trust with responsibility for managing the village hall and playing field under a lease agreement with the Parochial Church Council. The property was gifted to the village about 80 years ago. The councillor declares a personal interest whenever an agenda item relates to the Trust.  The Trust receives a grant from the city council via the parish council as reimbursement for costs associated with maintaining the playing field under Concurrent Functions Funding arrangements. Discussion on this year's funding application has commenced, but attempts are being made by the chair to exclude the councillor on the basis that he has a significant or prejudicial interest. Code of Conduct guidance on Personal Interest has been omitted.

 Can you advise?
by (1.2k points)

1 Answer

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There is only one part of this where I feel able to answer with any confidence. It is not up to the chair or the council to rule on a councillor's interest or lack of interest, nor is there any power to exclude on grounds of personal interest. It is the responsibility of each councillor to decide for themselves and face the consequences, if any.

Under the old rules, if the decision to grant a benefit (monetary or otherwise) to the trust was made by the parish council, then a councillor holding an office (such as treasurer) in the trust would be expected to declare an interest and withdraw. Under the new rules it is less clear and more likely to depend on the exact extent to which the councillor might benefit.

But where the decision is being made by another authority, the argument is even more tenuous, and the councillor could argue that the grant was in the interests of the parish as a whole and his action in supporting the application was entirely reasonable.
by (33.6k points)

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