Standing Orders

Question

If as a Parish Council they decide not to adopt the NALC model, what are the implications.  Both our Standing orders and Financial regulations are years and years old.; and to my mind not fit for purpose.   It seems a no brainer to me to adopt both  models as it covers us and our legal obligation.
Thank you

Answer 1

The NALC model standing orders include items in bold that are legal requirements. These must be reflected in the standing orders, whatever their source. They are revised almost every year to reflect legislative changes which the average council, even with a highly qualified clerk, would struggle to keep track of. If your standing orders have not been revised in the last five years, they are no longer compliant. For a small parish council, the NALC model documents provide a safe and easy option and there is absolutely no need to tweak them, apart from the choices that are included in the template.

Answer 2

There is no obligation for a Parish Council to adopt NALC or any other standing orders. They are quite at liberty to formulate and adopt their own. The reason for standing orders is to clarify and specify matters of how procedures and policies are carried out.

The application of a risk assessment  would be needed to highlight the risks that any such document adopted might put the council at risk of legal action.

The reason that most councils would base their documentation on NALC (or other group templates) is that  it is assumed the risk has been assessed in its production. Though all councils must adapt the templates to fit their needs fully not those of the organisation producing them.