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Southsea Town Council community governance review: your questions answered
What are parish and town councils?
Town and parish councils are the lowest tier of local government and because they cover small areas are often referred to as local councils. They are made up of elected councillors who take decisions on behalf of the people living in the civil parish/town council area. They can also choose to raise money through the council tax system, a levy known as a precept.
They have the power, among other things, to acquire and maintain open spaces, burial grounds, community halls, public clocks, footpaths and bridleways, roadside seats and bus shelters, and also to encourage tourism. The list is by no means exhaustive and it is up to individual town or parish councils to determine which functions they wish to fulfil.
In addition they are able to become eligible to spend the money they have raised on a much broader range of things, which they consider to be for the economic, social or environmental well-being of their area or any part of it.
Town and parish councils also have a right to be notified of any planning application affecting their areas and to make comments, which the planning authority must take into account.
What role and functions does Southsea Town Council have?
Southsea Town Council has 15 councillors, representing five wards, who are elected to serve for four-year periods. The town council is able to make representations on behalf of its area, including commenting on local planning applications, and can carry out a range of functions for which it can raise money through the council tax.
What is a community governance review?
A community governance review is the means by which a principal council (Portsmouth City Council) can review and put in place or make changes to community governance systems and structures. The power was devolved from the Secretary of State to principal councils by the Local Government and Public Involvement in Health Act 2007.
Southsea Town Council has only been in existence 10 years. Why is a review necessary?
Southsea Town Council came into being in May 1999 following the submission by a group of residents of a petition calling for the formation of an urban parish. However the majority of councillors elected supported the holding of a poll to see whether the town council should continue to exist.
What will happen to Southsea Town Council during the review period?
Southsea Town Council will continue to function as normal during the review period.
When does the review formally start and how long will it take?
The Southsea Town Council area community governance review started on Thursday, 29 October 2009 with the publication of a public notice advertising the review and its terms of reference.
As part of the review an all-postal poll of Southsea Town Council area electors will be held and will ask the question: Should Southsea Town Council continue to exist?
Ballot papers will need to be returned by 10pm on Thursday, 25 February 2010. Under the legislation governing the review, the poll will be advisory not binding.
Electors and others with an interest in the review, including those who work or have property interests in the area, are also being invited to make written representations. The deadline for written representations has now been extended to 5pm on Tuesday, 23 February 2010. These should be sent to David Williams, Southsea Governance Review, Civic Offices, Guildhall Square, Portsmouth, PO1 2AL. Emails should be sent to review@portsmouthcc.gov.uk
The views expressed, together with the result of the poll, will be analysed and used to inform a report by Portsmouth City Council’s chief executive David Williams about the governance of the Southsea Town Council area. It will then be for Portsmouth City Council to decide how to respond to the recommendations. The review is due to be completed by mid-March 2010.
Who will be responsible for carrying out the review and how will this be done?
Portsmouth City Council chief executive David Williams will be carrying out the review in line with the duties placed on the council under the Local Government and Involvement in Public Health Act 2007 and the Government and Electoral Commission’s guidance on community governance reviews.
All individual responses will be carefully considered and the views expressed evaluated within the context of the rest of the representations, the area’s community identity and community cohesion, and the need for effective and convenient local government.
How will you make sure those with business and other interests in the town area are aware of their right to make representation?
Portsmouth City Council has published a public notice in The News informing interested parties about the community governance review and their right to make representations. There is also information about the review on Portsmouth City Council’s website. In addition Portsmouth’s media have been issued with a press release about the review.
A letter has also been sent to the clerk to Southsea Town Council, all city and town councillors, affected neighbourhood forum chairs, and local businesses, informing them of the review.
How will I know the review has been conducted objectively?
The Local Government and Involvement in Health Act 2007 Act sets out specific duties principal councils must comply with when undertaking such a review. These include consulting with local government electors any other person or body who might have an interest in the review, and taking account of any representations received along with community identity and effective local government criteria. Furthermore the council has taken independent legal advice from counsel regarding both the terms of reference and the conduct of the review.
What will happen once the review has been completed?
When the review has been completed the views expressed, together with the results of the poll, will be analysed and used to inform a report and recommendations to be compiled by Portsmouth City Council chief executive David Williams. It will then be for Portsmouth City Council to decide to what extent it will give effect to the recommendations. Once it has made that decision it must then publish the decision and the reasons for making the decision.
If Southsea Town Council remains in existence it will be up to the councillors elected to it by local people to decide how it should operate, what specific functions it should carry out and whether it should set a precept.
Whatever happens, Portsmouth City Council will continue to carry out its statutory duties and deliver other services in the Southsea area. These include education, social services, highways and transport, environmental services, trading standards, culture and leisure, economic development, community safety, tourism, libraries, etc.
How will the poll be conducted and who will be responsible?
The all-postal poll of Southsea Town Council electors will be conducted by Portsmouth City Council’s election services team. All those entitled to vote will receive a ‘declaration of identity form’ along with their ballot paper in advance of the poll.
Those wishing to vote will be required to sign the declaration form to confirm that they are the person to whom the numbered ballot paper was sent. The form will also need the signature, name and address of a witness. Ballot papers received without a completed declaration form will not be accepted.
The ballot paper will ask the simple question: Should Southsea Town Council continue to exist? Those voting will be required to give a yes or no answer by marking the appropriate box with a cross. Papers need to be returned by 10pm on Thursday 25 February 2010. A count will be held that night.
Will the result of the poll be the overriding determinate on the way forward?
Under the legislation governing community governance reviews, the results of polls are advisory not binding.
How can I be sure that the ballot will not be interfered with?
Portsmouth City Council elections staff have extensive experience of conducting secret ballots for local and general elections. The poll will be conducted with the same due diligence and town and city councillors will be able to scrutinise proceedings at the count.
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