Policies & Procedures

Parish Council meetings

With the exception of August and December, the Parish Council meets on third Tuesday of every month.  The agenda is published on our website under the meetings pages, displayed on the Parish Council office window and the noticeboard by the public toilets.

Parish Council meeting attendance register

January 2021 to April 2021
January 2020 to December 2020

Delegation / decision making processes -
Committees and Working Groups

When statutory functions are conferred on a local council, they are given to the full council (a corporate body).  Formal decisions (known as resolutions) regarding the discharge of the council’s statutory functions and related responsibilities must be made at meetings of the full council.

Section 101(1) of the Local Government Act 1972 defines the arrangements which permit a council to delegate the performance of its statutory and legal responsibilities to:

  • a committee
  • sub-committee
  • an officer of the authority
  • any other local authority.

When a council delegates its responsibility to a committee, sub-committee, officer or other local authority, they are acting for and on behalf of the council.

There are some decisions which must be made by the full council.  Under section 101(6) of the Local Government Act 1972, the levying or issuing of a precept can only be discharged by the full council.

Further information is available on NALC legal topic LTN1, ‘Councils’ Powers to discharge their functions’.

MPC contingency Scheme of Delegation

General Power of Competence

  1. The intention of the legislation is that eligible local authorities will no longer have to identify specific powers to undertake an activity. As a result, the risk of legal challenge will be reduced. It is stated in the above Statutory Instrument that:
    “The Government’s intention in providing eligible parish councils with the general power of competency is to better enable them to take on their enhanced role and allow them to do things they have previously been unable to do under existing powers”.
  2. .Under the new legislation, eligible town councils have “the power to do anything that individuals generally may do” as long as they do not break other laws. It is intended to be the power of first, not last resort. The eligible council has to ask itself if an individual is allowed to do it. If the answer is “yes”, then a town or parish council is normally permitted to act in the same way.

Further information:

Having met the conditions of eligibility, as defined in the Localism Act 2011 and SI 965 ‘The Parish Council’s (General Power of Competence) (Prescribed Conditions) Order 2012:

  • The number of Councillors elected at the last ordinary election (May 2021), or at a subsequent by-election, equals or exceeds two thirds of its total number of Councillors
  • The Parish Clerk holds at least one of the sector specific qualifications and has passed CILCA Unit 7 General Power of Competence

 during the Parish Council meeting held on 16th November 2021, the Parish Council voted to adopt the General Power of Competence.

Millbrook Parish Council's Standing Order 6jxii, state "In an election year, to make arrangements with a view to the Council becoming eligible to exercise the general power of competence in the future".

 

Funding

Community groups may apply to the Parish Council for grant funding.  Applications can be filled in using the online form.
Alternatively, if you would prefer a copy to be emailed to you please email the Parish Clerk.  theclerk@millbrook-pc.gov.uk.

Financial Control

Financial regulations are standing orders to regulate and control the financial affairs and accounting procedures of a local council. The financial regulations, as opposed to the standing orders of a council, include most of the requirements relevant to the council’s Responsible Financial Officer.

The Council's budget and annual reports can be viewed by clicking the relevant year under the Finance tab:

Millbrook Parish Council's core documents

MPC Standing Orders

Millbrook Parish Council has adopted the template from Cornwall Association of Local Councils.  Amendments are shown on page 1.

  • Standing orders are the written rules of a local council.
  • Standing orders are essential to regulate the proceedings of a meeting.
  • A council may also use standing orders to confirm or refer to various internal organisational and administrative arrangements.
  • The standing orders of a council are not the same as the policies of a council but standing orders may refer to them.

Local councils operate within a wide statutory framework. NALC model standing orders incorporate and reference many statutory requirements to which councils are subject. It is not possible for the model standing orders to contain or reference all the statutory or legal requirements which apply to local councils. For example, it is not practical for model standing orders to document all obligations under data protection legislation. The statutory requirements to which a council is subject apply whether or not they are incorporated in a council’s standing orders.

MPC Financial Regulations

The model standing orders do not include model financial regulations. Financial regulations are standing orders to regulate and control the financial affairs and accounting procedures of a local council. The financial regulations, as opposed to the standing orders of a council, include most of the requirements relevant to the council’s Responsible Financial Officer. Model financial regulations are available to councils in membership of NALC.

 

 

Millbrook Parish Council's policies and terms of reference

POLICY / TERMS OF REFERENCE DATE FIRST ADOPTED MOST RECENT DATE REVIEWED
MPC Asset & Open Spaces Task Group Terms of Reference 15/06/2021  
MPC Finance Committee Terms of Reference February 2018 26/04/2022, Minute 173b
MPC Planning Committee Terms of Reference January 2018 15/03/2022, Minute 156b
MPC Staffing Committee Terms of Reference September 2017 19/10/2021, Minute 90b
MPC Traffic & Transport Advisory Task Group Terms of Reference  21/11/2017 15/02/2022, Minute 139b
MPC Code of Conduct Feb 2013 May 2021
MPC Complaints policy 21/11/2017 18/05/2021, Minute 20
MPC Disciplinary policy 19/01/22, Minute 126c  
MPC Environment & Climate Change 20/09/2020, Minute 155c  
MPC Equal Opportunities policy 21/11/2017 20/09/2020, Minute 155b
MPC General public privacy notice  May 2018 18/05/2021, Minute 21(ii)
MPC Grievance policy January 2018 19/11/2022, Minute 126b
MPC Health & Safety Policy 15/02/2022, Minute 142b  
MPC Lone worker policy September 2017 15/02/2022, Minute 142a
MPC Media policy 18/05/2021, Minute 23  
MPC Memorial Bench & Tree policy 20/07/2021  
MPC Publication Scheme Reviewed  September 2020 18/05/2021, Minute 21(i)
MPC Retention policy
Appendix - list of documents for retention or disposal
15/03/2022
Minute 156a
 
MPC Sickness & Absence policy  19/01/2022, Minute 126d  
MPC Training policy September 2017 19/10/2021, Minute 90b
MPC Use of Council land and property Min 140a, 15/02/2022  


Policy review procedures

During the Council meeting held on 18th May 2021, it was agreed that the Council reviews the Terms of Reference as part of a rolling programme throughout the year. Minute 13.

Millbrook Parish Council Weed Control Policy

Weed control is needed to prevent blockages to gutters and storm drains and to protect road and pavement surfaces from damage.

Weed control will be limited to man-made surfaces, pavements, paved
areas, gutters and gravelled areas.

The only possible exception to this would be to eradicate invasive species such as Japanese knot weed with specific treatment.

The Parish Council favours hand-weeding by volunteers and council staff as the prime method of weed control.

If further weed control is required the Parish Council reserves the right to use approved herbicide subject to the following:

  • Only materials approved by the Government code of practice for use in public areas will be used.
  • Such materials will not be used near streams and water courses.
  • Warning signs will be displayed when herbicides are being applied.
  • Herbicide will only be applied by suitably equipped trained operatives who hold the relevant qualifications.
  • A record of all herbicide use detailing date, time, location and area covered is held by the Parish Council.
  • All appropriate health and safety regulations will be followed.

16th February 2016

 

Dog fouling

The Clean Neighbourhoods and Environment Act 2005 empowered local authorities to implement Dog Control Orders, after appropriate consultation.  Dog Control Orders may restrict where you can walk your dog (on or off the lead) and how many dogs you can walk at one time. Dog Control Orders made it an offence if a person in charge of a dog failed to clean up its faeces. Designated land is any land that is open to the air and to which the public are permitted to have access by way of payment or not. See dog fouling for more information, or report dog fouling  to the Council.

Cornwall Council have introduced a Dog Fouling Order that covers all of Cornwall. This is to ensure all areas of Cornwall have the same levels of enforcement for dog fouling.

Failing to clean up after your dog has fouled will result in a fixed penalty being issued. This is for £100 or prosecution where, if found guilty, you would face a maximum fine of £1000.

We only have a limited number of Dog Welfare and Enforcement Officers in Cornwall.

However, there are a number of other officers who are able to issue fixed penalties. Many of these are not uniformed officers. Most PCSOs can also issue fixed penalties. This means that there is a relatively high chance that you will be caught should you not clear up after your dog has fouled.

In 2020, Millbrook Parish Council has a Service Level Agreement with Torpoint Town Council for the services of their Dog Enforcement Officer.
SLA with Torpoint Town Council

It is not an excuse in law that you were not aware of the fact that the dog had fouled. You can be held responsible even if you did not see the incident, or if it is witnessed whilst your dog is straying.