Re: The Creation of Town Councils across Tameside
The members of Mossley Town Council (MTC) are concerned by the motion passed by Tameside Metropolitan Borough Council (TMBC) of 12 July 2016, to implement nine Town Councils across the Borough. Whilst we acknowledge that the background to this decision was to improve Community Engagement by replacing the District Assemblies with a more local system of governance, we question whether the use of town councils is appropriate. Approaches to MTC would suggest that this is already causing confusion and consternation throughout Tameside.
Town Councils are recognised in statute as an alternative style for a Parish Council as per the Local Government Act 1972, Section 245(6); and are therefore bound by the same rules applicable to Parish Councils. They cannot just be imposed, nor can the members be selected by TMBC, indeed they cannot be implemented without proposals to the Electoral Commission for the electoral arrangements for the new parish council, or in this case 9 new councils Local Government and Rating Act 1997, Section 9 (3A) and 17 (1 – 5) and Local Government Act 1972, Section 16..
This leads to our second issue. In 1999, the people of Mossley exercised their rights under the provisions of the Local Government and Rating Act 1997, to implement and elect a Parish Council, henceforth being known and recognised as Mossley Town Council. Therefore as a Town Council already exists, a new town or parish council cannot be implemented. The only option open to TMBC, would be to apply to the Secretary of State showing good cause for the dissolution of the existing MTC.
Historically these types of application have been largely unsuccessful, and in this case would be opposed vehemently by MTC.
If it is not actually the intention of TMBC to create Town Councils as defined, then we suggest that an alternative name would be more appropriate, and less likely to cause confusion. As these bodies are to replace District Assemblies at a local level, suggestions could include: Neighbourhood Assemblies, Local Assemblies, Town Assemblies etc.
Claire Hardisty pp Mossley Town Council
“In England, since the Local Government Act 1972, town councils are the specific name given to a civil parish councils, where the civil parish council has declared itself by resolution to be a town council. Civil parishes are the lowest level in the local government system. The higher levels are district, unitary or county. However town councils are not subordinate in democratic accountability to those higher levels, but to the electorate of their civil parish area.” ( https://en.wikipedia.org/wiki/Town_council)
