Decision details

To grant a dispensation to all Cheltenham Borough Council Members for four years or until the next local election (whichever occurs sooner) under Section 33 of the Localism Act 2011 to speak and vote on matters to be considered by the Cabinet and Full Council concerning Local Government Reform in Gloucestershire and Devolution where they have a Disclosable Pecuniary Interest arising from issues covered by the
• English Devolution White Paper and/or
• Proposed unitary local government in Gloucestershire
due to receiving an allowance from another Gloucestershire local authority, or where their spouse or partner receives a salary or an allowance from the Borough Council or another Gloucestershire local authority.

1. The Government published the English Devolution White Paper on 16 December 2024. Following this, the Minister of State for Local Government and English Devolution formally invited Gloucestershire’s local authority leaders to collaborate on a proposal for reorganising local government. This invitation was issued under statutory powers from the Local Government and Public Involvement in Health Act 2007.

2. The Borough Council currently has 40 councillors and 7 also serve as County Councillors (referred to as ‘dual-hatted’ members). Some may have spouses or partners who are councillors or employees of the County Council, District, Borough or City Councils. In addition, several of these councillors sit on Parish Councils. Under the Code of Conduct, these councillors may be considered to have a DPI in any matter discussed at a meeting that could affect the Borough, District, City or County Council from which they, or their spouse or partner, receive a member’s allowance (whether through a Basic, Special Responsibility Allowance or any other payments). Any Borough Councillor whose Spouse or Partner is directly employed by any Gloucestershire Council may also have a DPI if any matter coming before a meeting would impact on the Council where their Spouse or Partner is employed and therefore, in receipt of a salary.
3. It is considered essential that councillors can express their views on this important issue and that the majority are able to take part in the vote. Excluding councillors would limit the range of skills, knowledge, and experience involved, which could negatively affect the quality of decision-making and reduce the representation of communities across Gloucestershire.
4. Borough Councillors also have a number of competing key roles which need to be balanced as part of consideration of the reorganisation of local government in Gloucestershire including:
• Representing the people of Cheltenham, including the interests of their local area and individual constituents.
• Providing leadership within the community and supporting effective governance across the Borough.
• Providing community leadership and contributing to the good governance of the area.
• Encouraging public involvement and helping residents take part in decision-making.
• Collectively being the ultimate policy makers and participating in the governance and management of the Council and
• Promoting and maintaining the highest standards of conduct and ethics in the conduct of council business.
5. Having regard to all the circumstances, the Monitoring Officer is satisfied that the grounds for granting a dispensation are:
• that granting the dispensation is in the interests of persons living in the authority's area; and
• that it is otherwise appropriate to grant a dispensation to enable all councillors to be able to consider the proposals for reorganisation of local government in Gloucestershire


6. By giving all Cheltenham Borough Councillors permission (called dispensations) where they have a Disclosable Pecuniary Interest means they can speak about any proposed changes to how local government is structured in Gloucestershire. Without these permissions, Councillors may not be able to take part and vote on the proposals for local government reorganisation in Gloucestershire.

Without these dispensations, councillors’ ability to contribute to the reorganisation debate may be severely limited. As there are potential criminal sanctions for failure to disclose relevant pecuniary interests, the Council’s view is that the position should be clear in the interests of both Members and the public due to the importance which the decision about the future of local government in Gloucestershire has on Gloucestershire residents. Not granting dispensations was deemed inappropriate.

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