Dispensation request by Councillor Dadd

1.0 PURPOSE OF REPORT

1.1 To present to the Committee, for consideration and determination, a request from Councillor Dadd for a further dispensation from the Standards and Governance Committee, to take effect from the expiry of his current dispensation until the date of the next local government elections in 2027.

2.0 BACKGROUND

2.1 Section 33 of the Localism Act 2011 provides that a relevant authority may, on a written request made to the proper officer of the authority by a Member or co-opted Member of the authority, grant a dispensation relieving the Member or co-opted Member from the restrictions regarding speaking and voting in relation to disclosable pecuniary interests. Any dispensation requests for parish and town councillors relieving them from the requirements of their authority’s Code of Conduct must therefore be made to the Clerk of the relevant parish/town council.

2.2 The Assistant Chief Executive Legal and Democratic Services and Monitoring Officer was designated by the Council as Proper Officer to receive written requests by Members/voting Co-opted Members for a dispensation under section 33 Localism Act 2011 relieving them from either or both of the restrictions on participating in the discussion and vote on a matter where they have a Disclosable Pecuniary Interest (DPI).

2.3 Under North Yorkshire Council’s standards regime, Members holding an Other Registrable Interest (ORI) or a Non-Registrable Interest (NRI) may also seek a dispensation in relation to that interest.

2.4 The power to grant dispensations to Members and voting co-opted Members under the new ethical framework was delegated by the Council to this Committee, after consultation with the Independent Persons.

2.5 Power was also delegated to the Monitoring Officer to grant dispensations (after consultation with the Independent Persons) where the timescales are such that a Standards and Governance Committee meeting cannot be convened and where the Monitoring Officer has consulted every available Member of the Standards and Governance Committee, all of whom consent to the granting of the dispensation.

3.0 DISPENSATION PROCESS

3.1 Under the Localism Act 2011 and delegated power from the Council, where a written request has been made to the Assistant Chief Executive Legal and Democratic Services and Monitoring Officer as Proper Officer, the Standards and Governance Committee has power to grant a dispensation to a Member from non-participation in relation to a disclosable pecuniary (and other) interest where the Committee concludes, after having had regard to all relevant circumstances, that:

(a) without the dispensation the number of persons prohibited from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of the business;

(b) without the dispensation the representation of different political groups on the body transacting any particular business would be so upset as to alter the likely outcome of any vote relating to the business;

(d) without the dispensation each Member of the Authority’s Executive would be prohibited from participating in any particular business to be transacted by the Executive; or

(e) it is otherwise appropriate to grant a dispensation.

3.2 The Committee must decide whether the application fulfils any of the criteria set out in paragraph 3.1 and, if so, whether it is appropriate to grant the dispensation in the circumstances, after balancing the public interest in preventing a Member with an interest from taking part in Council business, against the public interest in the relevant constituents not being disenfranchised and their views being able to be put forward on the business in question.

3.3 If the Standards and Governance Committee is minded to grant a dispensation, it must consider the scope (for example whether the dispensation will allow the Member to speak, discuss and vote on the item or speak and discuss only) and the duration of it. Dispensations may be granted for a maximum period of 4 years.

3.4 Any dispensation granted will be recorded in writing.

4.0 DISPENSATION REQUEST BY COUNCILLOR DADD

4.1 On 17 October 2022, North Yorkshire County Council’s Standards Committee granted a dispensation to Councillor Gareth Dadd to enable him to speak, vote and be included within the quorum at meetings of the Council, Executive and committees when they are considering business relating to the Second Homes Premium Policy. The dispensation was granted as the dispensation was in the interests of persons living in the authority’s area and it was appropriate to grant the dispensation. The dispensation was granted for four years and therefore expires on 17 October 2026.

4.2 In a spirit of openness and transparency, Councillor Dadd wishes to seek a renewal of the dispensation, on the same grounds, from its expiry until the local government elections in 2027. He has submitted a dispensation request form, which is attached at Appendix 1, which sets out full details of the request.

4.3 Subject to any comments Members may have, it is recommended that it would be appropriate for the Committee to renew Councillor Dadd’s dispensation from its expiry in October 2026 until the date of the next local government elections in 2027.

5.0 PARTICIPATION WITH A DISPENSATION

5.1 Any councillor who has a dispensation from the Committee, must still declare their interest to the meeting and state that they are relying on a dispensation to participate.

6.0 FINANCIAL IMPLICATIONS

6.1 There are no significant financial implications arising from this report.

7.0 LEGAL IMPLICATIONS

7.1 The legal implications are set out in the body of this report.

8.0 ENVIRONMENTAL/CLIMATE CHANGE IMPLICATIONS

8.1 There are no environmental/climate change implications arising from this report.

9.0 EQUALITIES IMPLICATIONS

9.1 There are no equalities implications arising from this report

10.0 RECOMMENDATIONS

10.1 That Members consider and determine the request submitted by Councillor Dadd as set out at Appendix 1 for a further dispensation to commence on the expiry of his current dispensation on 17 October 2026 and to last until the next local government elections in 2027, to enable him to speak, vote and be included within the quorum at meetings of the Council, Executive and committees when they are considering business relating to the Second Homes Premium Policy.

BARRY KHAN

Assistant Chief Executive Legal and Democratic Services and Monitoring Officer

Background Documents:

None

County Hall

NORTHALLERTON

26 February 2026