Agenda item

To consider a report of the Director of Transformation & Governance seeking renewal of a number of dispensations granted by the Conduct Advisory Panel under Section 33 of the Localism Act 2011.

The Panel considered the report of the Director of Transformation and Governance (Item 6) seeking renewal of several dispensations previously granted by the Panel under Section 33 of the Localism Act 2011, as set out in Section 3 of the report together with a new dispensation request, as set out in paragraph 4.3 of the report. 

In presenting the report and for the benefit of new Members of the Panel, the Head of Law and Governance expanded on the dispensations sought.  Members noted that the dispensations set out in section 3 of the report had been renewed at the Panel’s last meeting on 22 June 2016 to expire on 31 July 2017.  It was therefore timely at the start of the new Council’s new Administration following its Elections in May to review the dispensations.

The Head of Law and Governance also reported that a new dispensation was sought following a query that had been raised about the status of moorings on the River Hamble and whether or not a mooring holder constitutes a Disclosable Pecuniary Interest.  As a result of advice received from the County Council’s lead land solicitor, it was considered appropriate to grant a general dispensation in this regard to allow Members serving on the River Hamble Harbour Board and the River Hamble Harbour Management Committee who are mooring holders to participate and vote in County Council business relating to the River Hamble.

RESOLVED:

That the Conduct Advisory Panel grant the following dispensations:

a)      A dispensation under Sections 33(2)(a) and (d) of the Localism Act expiring on 31 July 2021 to all Members of the County Council from the provisions of Sections 31(4)(a) and (b) of the Localism Act enabling all Members of the County Council to participate and vote in any business of the County Council relating to the setting of the Council Tax or Precepts, when they would otherwise be prevented from doing so in consequence of a beneficial interest in land within the administrative area of Hampshire.

b)      A dispensation under Sections 32(2)(a) and (d) of the Localism Act expiring on 31 July 2021 to all Members and Co-opted Members of the County Council in receipt of an allowance under the Hampshire County Council Members’ Allowances Scheme or Members’ Allowances Scheme of another relevant Authority from the provisions of Sections 31(4)(a) and (b) of the Localism Act enabling all Members and Co-opted Members of the County Council to participate and vote in any business of the County Council where they may otherwise be prevented from doing so in consequence of being in receipt of a Members’ Allowance.

c)      A dispensation under Section 33(2)(e) of the Localism Act expiring on 31 July 2021 to all Officer Members of the Health and Wellbeing Board for Hampshire from the provisions of Sections 31(4)(a) and (b) of the Localism Act enabling them to fully participate and vote in any business of the Health and Wellbeing Board for Hampshire when they would otherwise be prevented from doing so by virtue of a DPI deriving from their employment by the County Council.

d)    A dispensation under Section 33(2)(c) of the Localism Act expiring on 31 July 2021 to Mr Moody enabling him to fully participate and vote in any business of the River Hamble Harbour Board when he would otherwise be prevented from doing so by virtue of a Disclosable Pecuniary Interest arising from the honorarium he receives from the Hamble River Boatyard and Marina Operators Association.

e)    A dispensation under Section 33(2) (a) and (c) of the Localism Act expiring on 31 July 2021 to all Members of the River Hamble Harbour Board and the River Hamble Management Committee enabling them to fully participate and vote in any business of the River Hamble Harbour Board and River Hamble Management Committee when they would otherwise be prevented from doing so by virtue of a Disclosable Pecuniary Interest arising from holding a mooring on the River Hamble.