Payment by Councils

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Q) Under what power may councils pay the subscriptions of their clerk to the Society of Local Council Clerks?

A) The Local Government Act 1972 s 143 (1) (b) states that “A local Authority may pay reasonable subscriptions, whether annually or otherwise, to the funds of any association of officers or members of local authorities which was so formed.”


Q) Do many councils pay the SLCC subscriptions of their clerk under these powers?

A) 90% of members of the SLCC have their subscriptions paid by the Council under this power. As of December 31st 2005 3122 Councils in England and Wales had paid their Clerks 2005 subscription.


Q) I have heard that the SLCC is a union. Doesn’t that mean that employers can’t pay the subscription?
A) The Society is a professional body with trade union functions. This means that among the wide range of activities and services that the Society performs it also discusses terms and conditions and provides employment advice to Clerks. There is no statutory barrier arising from those activities to inhibit Councils who pay their Clerks subscriptions.


Q) Yes but isn’t the SLCC affiliated or listed or certificated or something and doesn’t that mean that the employers can’t pay?

A) The SLCC is not affiliated to the TUC. It does not hold a certificate of independence from the trade union certification officer. Because it has trade union functions it voluntarily makes a return to the certification officer who lists it as an unregistered organisation with trade union functions who is known to them. That status is no barrier to Councils paying the subscriptions of their Clerks.


Q) Ah yes but if the employer pays the SLCC subscription and the clerk and the council has an employment dispute hasn’t the council effectively paid for action against itself, and isn’t that Ultra Vires?

A) In the unfortunate and hopefully rare event of an employment dispute a good employer will have proper grievance and disciplinary procedures in place in line with employment legislation. It is in the interests of all parties that both sides are well advised while these procedures are being used. Clear advice speeds the satisfactory resolution of problems and reduces the likely costs to the employer in lost time and legal wrangling. ACAS good practice guidance on grievance and disciplinary procedures recommends that employees have access to advice.

In the 32 years of the Society’s existence the audit commission have no record of the SLCC subscription ever being found by an auditor to be Ultra Vires.


Q) Well that’s all very well but you would say that wouldn’t you. Who else agrees with you?

A)

I. The Countryside Agency ,NALC, LGA, DEFRA, ,Employers Organisation, , RCC’s and University of Gloucestershire

Your Clerk (and the Council) benefit if the clerk is a member of the Society of Local Council Clerks. The Society provides legal, financial and other advice, a useful training pack and considerable guidance and support from the clerk’s network. Your Council is strongly advised to pay the Clerks subscription to the SLCC

Good Councillors Guide 2003

II. The South East Employers Organisation

The Society of Local Council Clerks is a professional body which has existed since 1974 and has 3500 members. Under the Local Government Act 1972 “A local authority may pay reasonable subscriptions … to the funds of any association of officers”. Many Parish and Town Councils do pay their Clerks’ subscription to SLCC and it is legitimate to continue to do so. SLCC works as a partner of South East Employers and many Parish and Town Councils are amongst our Associate Members. SLCC does also negotiate on behalf of its membership with the National Association of Local Councils, so that it is a professional body with trade union functions, as is the BMA and SOLACE/ALACE. It also promotes the professional skills, training and development of its members, and the quality of the service on offer from their Councils.

SE Employers Bulletin February 2006

Oliver Woodman Head of Advice, Research and Information

III. National Association of Local Councils ( NALC)

Councils payment of SLCC fees for their Clerk

It has been a widespread practice within our sector, for many years, for councils to meet the cost of their clerks’ subscription to the SLCC. This reflects the practice in principal authorities, which often pay the fees of employees who belong to a professional association.

The National Association’s policy, also over many years, has been to support and encourage this practice; and this is reflected in the NALC/SLCC Protocol.

There has not been previously been any problem with this; and the expenditure has never been challenged by auditors.

Nevertheless, there has always been some underlying question about the Society’s status, because it is both a professional association and a trade union. (The Society is only a listed trade union, which can receive funding from the employer, not a certified independent trade union, which is unable to derive funds from the employer).

Although most county associations have no problem with this issue, three county associations, and a number of parish councils, have raised the matter with me.

As a result I asked our Head of Legal Services to review the legal position so that we could advise county associations and member councils accordingly. I also e-mailed all county associations to advise member councils to await the legal advice and to avoid taking any precipitate action.

The legal advice from our Head of Legal Services is available and is self-explanatory.

On the basis of this advice, and following consultation with the National Chairman and Vice-Chairman, I can confirm that there is no need for any change in our national policy or our advice to councils.

We therefore continue to encourage member councils to pay their clerk’s SLCC fees on the basis that it is lawful expenditure.

NALC Guidance to County Associations February 2006.

(NB detailed legal advice from the NALC Head of Legal Services is available via your County Association.) 


Q) This all seems very straightforward but we want our decision to pay the Clerks subscription to be absolutely beyond question. Is there any other power which supports the paying of SLCC subscriptions?

A) Yes. The Local Government Act 1972 s111 (1 and 2) states. (1) Without Prejudice to any powers exercisable apart from this section but subject to the provisions of this act and any other enactment passed before or after this act, a local authority shall have power to do anything (whether or not involving expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2) For the purposes of this section, transacting the business of a parish or community meeting or any other parish or community business shall be treated as a function of the parish or community council.

This provision supports a wide range of expenditure relating to the running of the Councils. It covers, for example, such payments as staff training and expenses including membership subscriptions of officers to any body (including potentially a full blown trade union) which the Council deems are conducive or incidental to the discharge of its functions.


Q) Ok is there anything else?

A) Yes. The Local Government Act 1972 s112 (1 and 2) states. Without prejudice to section 111 above but subject to the provisions of this act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their or another authorities functions as fall to be discharged by them.

An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him shall think fit.

This gives wide discretion in agreeing terms and conditions of employment and also supports payments for training, attendance at conferences and membership of applicable bodies.


Q) Alright I accept that it’s perfectly proper and legal for councils to pay their clerk’s subscription but why have so many councils wanted to do so?

A) The Society is the professional body for Clerk’s Deputy Clerks and Assistant Clerks in England and Wales. Its services include:-

Training
Conferences
An Online/telephone advisory service
Employment Support
A Website providing up to date information and technical downloads
A National Forum egroup and several topic based groups
National & Regional Conferences
Publications, books and CD’s
Quarterly Journal
Representation of the Clerks Profession to Government and other bodies
Negotiation of Terms and Conditions with NALC
A County Branch Network

Clerks work in small organisations or often completely alone. The SLCC provides an important lifeline and support network for Clerks in carrying out their day to day tasks. The Society also assists and supports Clerks in providing high quality professional support to their Councils. The Society advocates best practice and the efficient and effective work of Councils. Both clerks and their Councils benefit greatly from the Clerks membership of the SLCC.


Q) OK but isn’t the SLCC in competition with NALC and the County Associations which represents Councils?

A) No. The Society and the National Association of Local Councils ( on behalf of itself and County Associations) signed a protocol in 2004 which established, among other things, that:-

- The National Association will encourage membership of the Society among local council clerks, deputy and assistant clerks and recommend member councils to encourage and promote such membership.

- The Society will encourage membership of the Association among Councils and recommend its members to promote councils’ membership of the National Association, by joining their local county association.

- Both Organisations support 100% membership of the Association and the Society. Under no circumstances will either organisation take any action which encourages disaffiliation of clerks or councils from the respective organisations.

- The Association and the Society undertake to make every effort to ensure that their activities are complementary and that the activities of each do not undermine the other. In particular, it is recognised that councils should use the National and County Associations as their primary source of advice and information; and that the Society is the primary source of advice and information for clerks in their professional capacity and as employees. To this end the Association and the Society will work together to ensure that a coherent, effective and efficient advisory framework exists to meet the expressed needs of the sector.

The SLCC honours this agreement nationally providing that it is also honoured by the County Association in any particular area.