PAPER B
Purpose
: For Decision
REPORT TO THE EXECUTIVE
Date : 3 NOVEMBER 2004
Title : SCHEME
OF DELEGATIONS
REPORT OF THE DEPUTY LEADER OF THE COUNCIL
IMPLEMENTATION DATE : 15 November 2004
PURPOSE
1. To
approve the scheme of delegations of executive functions to officers.
BACKGROUND
2. There
are two strands to the approval of the scheme of delegations:
i.
Delegation
of council functions (such as development control and other regulatory
functions). This is a matter for Full Council and the scheme of delegations,
insofar as it relates to council functions was approved on 15 September 2004 by
Full Council.
ii.
The
scheme is presented as single list for ease of reference, and those parts of it
which refer to council functions are unaffected by the recommendation of this
report.
iii.
Delegation
of Executive functions. Under s15 Local Government Act 2000 and the executive
arrangements adopted by this authority in June 2001 delegation of executive
functions to officers is a responsibility of the Executive.
3. The
scheme attached as appendix 1 is the substantially the same as that which was
approved, in relation to council functions, on 15 September with two
exceptions. Since 15 September the Chief Executive Officer has used the
delegation given to him by Full Council to make amendments to reflect changes
in the law in relation to the registration of care homes and childcare
facilities (which are no longer the responsibility of the local authority), to
reflect the responsibilities of the Head of Tourism, as part of the
Environmental Services Directorate as previously agreed by members and to
correct a small number of typographical errors.
4. Two
other additions to the scheme is proposed in this report. The development of
the Safer Communities Team provides a useful opportunity to delegate functions under
the Crime and Disorder Act 1997 to the Director of Adult and Community Services
and to the Head of Service responsible for Safer Communities from time to time.
A caveat requiring consultation with Portfolio Holders in the case of
contemplated early retirement or redundancy is now included in the general
delegations relating to Personnel.
STRATEGIC CONTEXT
5.
An
effective scheme of delegations is essential to secure the objective of open,
effective and efficient decision making set out by the Local Government Act
2000 and associated guidance and regulations.
CONSULTATION
6.
The
scheme largely reflects existing practice and no specific consultation beyond
those directly affected by the small number of changes has been undertaken.
FINANCIAL/BUDGET IMPLICATIONS
7.
The
adoption of the scheme raises no financial implications.
LEGAL IMPLICATIONS
8.
The
scheme is adopted under the provisions of the Local Government Act 2000
(particularly sections 13 and15) and associated Regulations.
OPTIONS
9.
There
is a requirement to adopt a scheme of delegations. The substance of that scheme
is entirely within the discretion of the Executive, insofar as the scheme
relates to executive functions. The scheme recommended by this report
represents a functional scheme, substantially the same as the scheme which has
been operated for the last 3 years.
EVALUATION/RISK MANAGEMENT
10.
The
scheme provides a sound basis for the taking of decisions at an appropriate
place within the local authority. The identifiable risks come not from the
scheme, but from it’s operation. Control of those risks comes from knowledge
of, and confidence in, the scheme among members and officers and the
availability of reliable advice.
|
RECOMMENDATIONS 11.
That the scheme of delegations set out as appendix 1 be approved. |
BACKGROUND PAPERS
Report to 15 September Full Council.
Scheme of Delegations dated December 2003 and draft
scheme of delegations version1.9, each annotated to show deletions, additions,
changed and moved clauses.
Contact Point : John
Lawson, ext 823202, [email protected]
|
JOHN LAWSON Head of Legal and
Democratic Services |
PETER HARRIS Deputy Leader of the
Council |
DELEGATIONS TO OFFICERS
DELEGATIONS TO OFFICERS
Full
Council and the Executive have delegated the following council and executive
functions to Strategic Directors and Heads of Service.
In
exercising these delegations officers will comply with the Officer Delegations
Rules
The Chief Executive Officer will maintain and publish
a list of services for which each Strategic Director and Head of Service is
responsible for, and in relation to which they have delegated powers under this
scheme. The Chief Executive Officer has authority to amend that list, and this
scheme, to reflect operational necessity and in order to deliver continually
improving services.
1. OFFICERS’
DELEGATIONS RULES
Where decisions are taken or
powers are exercised by Officers under delegations from the Council, the
following principles and conditions shall apply:-
1.1
Powers shall be
exercised in accordance with the Law, the Council’s Procedure Rules, Financial
Procedure Rules, Contract Procedure Rules and any policies relevant to the
functions delegated.
1.2
Decisions shall be
taken in the name of, but not necessarily personally by, the officer with the
delegated power. Any officer with
delegated powers may authorise another officer to act either in their own name
or in the name of the authorising officer.
Such decisions remain the responsibility of the officer with the
delegation.
1.3
It is the
responsibility of officers who take delegated decisions to keep an appropriate
and auditable record of the date the decision was taken, the principal
considerations involved in reaching the decision, the reasons for the decision
and any advice taken and/or consultation undertaken
1.4
In exercising delegated
authority regard must be had to:-
·
Furthering the
achievement of the Community Strategy and the Council’s Strategic objectives;
·
Encouraging openness
and accountability through consultation and participation;
·
Ensuring ethical and
financial probity and the good management of financial, human and physical
resources;
·
Pursuing lawful,
proportionate and reasonable decision making taking into the account all
relevant factors and having regard to the European Convention on Human Rights;
·
Following the relevant
protocols and Codes of Conduct;
·
Demonstrating
continuous improvement in the delivery of services;
·
Taking steps to promote
equality and to eliminate unlawful discrimination in the Council and on the
Island;
·
Taking steps to prevent
and reduce crime and disorder;
·
Taking steps to promote
the economic social and environmental financial wellbeing of the Island;
·
Absolute standards of
integrity and priority;
1.5
In deciding whether or
not to exercise delegated powers, officers shall whenever the decision is
potentially controversial consult with the relevant Portfolio Holder and/or
Select Committee Chairman and shall always be entitled to refer matters for
decision to the appropriate Member body where they consider they should do so.
1.6
In exercising these
delegated powers the officers concerned shall have broad discretion, subject to
these rules, to use the most efficient and effective means available, including
the deployment of staffing and other resources within their control and the
procurement of other resources necessary whether within or outside the Council.
1.7
Officers shall act so
as to achieve for their service the policies and objectives of their service
and always having regard to the overall and corporate objectives and interests
of the Council.
2
GENERAL DELEGATIONS TO DIRECTORS AND HEADS OF SERVICE
General
2.1
Within the provisions of statutory requirements, schemes of
conditions of service, Standing Orders, Standing Orders as to Contracts and
Financial Regulations of the Council and subject to approved estimates and
established policies, Strategic Directors and Heads of Service are empowered to
make such decisions and to initiate such actions as they deem necessary in the
interests of the efficient running of their directorates and the services which
they deliver.
2.2
The delegated powers
within the scheme are exercisable by the Strategic Director or Heads of Service
or other person authorised by them.
Finance
2.3
In accordance with Council policies, to authorise any increase, or
decrease, in fees and charges subject to consultation with the relevant member
of the Executive and the Chief Financial Officer.
2.4
Subject to Council policy and approved budgets to incur
expenditure in the discharge of the responsibilities for each directorate
provided that no commitment to expenditure is made in excess of the approved
budget.
2.5
Subject to prior approval of the Chief Financial Officer to have
the general power of virement as set out in Financial Regulations.
2.6
Within policy to make application for any grants or external
funding on behalf of the Council.
2.7
Within approved policy and budget and within the competence of the
Council to engage in providing services for outside agencies.
2.8
To serve notices in connection with any function within the
competence of the Council.
Personnel
2.9
In accordance with policies and procedures adopted by the Human
Resources committee and/or the Head of Human Resources to recruit, deploy and
manage staff including, with appropriate consultation with the Head of Human
Resources, capability and disciplinary procedures; the making of ex gratia
payments in respect of loss or damage; waiver of repayment of expenses,
allowances or the cost of training; approval of early retirement or redundancy
and the determination of terms and conditions.
2.10
Where early retirement or redundancy is contemplated, consultation
with the relevant Portfolio Holders will be undertaken.
3.1
Where necessary in consultation with the Monitoring Officer, Chief
Financial Officer, Political Groups, Leader of the Council and/or relevant
Portfolio Holder(s), to authorise urgent action between Executive meetings and
ensure that the decision be made available to the Chairmen of the relevant
Select Committee.
3.2
To authorise, as an approved duty, attendance of members at
appropriate conferences, seminars, visits etc, both in this country and abroad.
3.3
To be the Council's Head of Paid Service.
3.4
Responsibility for ensuring :
(i) that human resource
management complies with current Council policy and standards.
(ii) propriety and observance of Codes of Conduct
for all Council staff.
(iii) compliance with and observance of all
established Council policies.
3.5
To provide professional advice to all partners in the decision
making process.
3.6
In conjunction with the Monitoring Officer to maintain a system of
record keeping for all the Council's decisions.
3.7
To make arrangements for the Council to be represented on
partnership and external bodies as required by statute or the Council.
3.8
To have all the powers of any other officer of the Council in the
event of their absence or inability to act, except insofar as the exercise of
such powers is by law limited to a specific postholder.
3.9
To act as Returning Officer for Parliamentary and Local Elections.
3.10
Within the Council policy and within budget to manage and operate
on a day to day basis County Hall accommodation.
3.11
To agree fees and charges for election staff as recommended by the
Joint Working Party of Chief Executives and District Secretaries throughout
Hampshire and the Isle of Wight.
4.1
To oversee vires issues and report as appropriate to the Council
on any proposal, decision or omission that would give rise to unlawfulness or
if any decision has given rise to maladministration.
4.2
To authorise investigations and reports on issues that are
relevant to the Council's functions.
4.3
To make arrangements for the promotion and maintenance of high
standards of conduct within the Council.
4.4
To undertake appropriate arrangements in connection with the
Council's Standards Committee.
4.5
To make arrangements for decisions of the Executive, the reasons
for those decisions, relevant reports and background papers to be publicly
available.
4.6
To make arrangements for the maintenance and inspection of the
register of members and co-opted members interests.
4.7
To provide appropriate support to members and officers to assist
in undertaking their roles.
5.1
To provide professional financial advice in relation to the
Council's corporate management.
5.2
To make arrangements for the maintenance of the Council's
financial administration and stewardship.
5.3
To make arrangements for the provision of financial information.
5.4
To monitor the Council’s financial performance on a continuous
basis, and advise the council of the robustness of it’s budgets and the
adequacy of it’s reserves.
6
DIRECTORATE OF CORPORATE SERVICES
The following functions are delegated
to the Strategic Director and the relevant Head of Service:
Legal and Democratic Services
6.1
On behalf of the Council to institute, defend and carry on legal
proceedings, including prosecutions, and to retain Counsel or instruct
Parliamentary Agents and other solicitors as and when necessary.
6.2
To be responsible for implementing and managing at the direction
of the Council, the Council's Business System including, in accordance with the
wishes of the Political Groups, the changes to Committee membership.
6.3
To issue licences and permits, and to keep registers as required
by any enactment within Council policy.
6.4
To serve notices and publish any matters in connection with any
function within the competence of the Council including the Proper Officer with
regard to any provision within the Local Government Acts unless otherwise
delegated elsewhere.
6.5
To make Orders under any statutory provision within the powers of
the Council and where such an Order has been approved either by a Committee or
by a relevant officer whilst exercising his delegated powers.
6.6
To authorise the attestation of documents signed and sealed on
behalf of the Council.
6.7
To make appointments to outside bodies where nominations have been
sought from all members of the Council and appropriate nominations received to
fill the vacancies available, subject to consultation with the relevant member
of the Executive. Where there are more nominations received than vacancies the
appointment to be referred to the Executive or Council as deemed appropriate,
after consultation with the Leader.
6.8
To review the allocation of seats on the Executive, Select
Committees or a Regulatory Committee between political groups and advise on the
allocation which meets the requirements of the appropriate legislation and in accordance
with the decision of the Council, and wishes of the political groups, make the
appropriate appointments to these.
6.9
In relation to the appointment as Proper Officer to exercise the
function of Births, Deaths and Marriages.
6.10
To undertake functions in relation to data protection, freedom of
information and information management, including the determination of requests
and the arrangement of appeals.
Chief Financial Officer
6.11
To make arrangements for the proper administration of the
financial affairs of the Council.
6.12
Subject to the Financial Procedure Rules of the Council and to all
relevant legislation the Chief Financial
Officer
shall have delegated responsibility to carry out all functions necessary to
make arrangements for the proper administration of the financial affairs of the
Council including the operation of such funds, provisions and reserves as he
considers appropriate for this purpose.
6.13
Subject to the policies of the Council and within approved budgets
to:
(a) Implement decisions of National Negotiating
Bodies affecting employees, except insofar as such decisions give discretionary
powers to employing authorities.
(b) Make arrangements for the borrowing of such
moneys as are necessary and in accordance with the Council's Treasury Strategy
and Policy, to invest any temporarily surplus funds and to borrow on overdraft
from the Council's bankers such sum or sums as may from time to time be
required up to a limit agreed between the Council's bank and the Council.
(c) Select and/or switch financing methods for
capital expenditure including leasing as appears to be in the Council's best
financial interests, to include the annual statutory determinations for capital
financing.
(d) Arrange the issue of Revenue Bills to the
maximum value permitted by Schedule 13, Local Government Act 1972.
(e) After consultation where appropriate with
the head of Legal and Democratic Services to settle claims by third parties
which are not recoverable from the Council's Insurers.
(f) Authorise the payment of gratuities to
part-time employees declared redundant who would not qualify for redundancy
payments.
(g) Make arrangements for the investment of the
Pension Fund subject to any strategic decisions of the Investment Panel, to
authorise persons to act as proxies at meetings and business in connection
therewith, to authorise the Common Seal of the Council to be affixed to any
necessary documents in connection with the above.
(h) Provide financial services to external
organisations on a full cost recovery basis.
(i) Annually, in liaison with the Corporate
Director of Social Services and Housing to set the rents of temporary housing
accommodation.
(j) To advise Members on policy issues in
respect of pensions administration and to take decisions in respect of the Pension
Scheme.
(k) To maintain an internal audit of the
Council's financial affairs.
(l)
Authorise officers to sign certificates as required by the Local
Government Finance Act 1998.
(m)
To manage all routine matters arising under the Local Government
Pension Scheme Regulations and the Local Government Compensation Regulations.
(n)
To take decisions on all pension cases falling within precedent,
guidelines or regulations.
(o)
To make arrangements for the Billing and Collection of Council Tax
and Non Domestic Rates and, where appropriate, outstanding Community Charge and
Domestic Rates and for the determination and payment, where applicable, of
Housing Benefit and Council Tax Benefit.
(p)
To authorise Officers of the Council to institute proceedings in
the Magistrates Court or the County Court on behalf of the Council for the
Recovery of Council Tax, Non Domestic Rates, Community Charge and Domestic
Rates and to authorise any person to act on the Council's behalf in taking any
Court Proceedings or other enforcement measures appropriate to the task of
Recovery, and to authorise the Common Seal of the Council to be affixed to
Documents of Council in this connection.
(q)
To issue Attachment of Earnings Orders in respect of Council Tax
and Community Charge and authorise any person to act on the Council's behalf in
the issuing of such orders.
(r)
To issue warrants for the seizing of goods and chattels by the
Bailiff in respect of the recovery of rent and authorise any person to act on
the behalf of the Council.
(s)
To authorise any person to attend hearings of the Valuation
Tribunal on behalf of the Council.
(t)
To determine the council tax base for each financial year
Information Technology
6.14
Within approved budget and Council policy:
(a) To be the Council's overall co-ordinator on
all relevant IT matters to assist with the proper functioning of the Council's
business.
(b) To authorise the use of computer hardware
and software agencies to deal with programming and processing emergencies, to
arrange mutual hardware standby facilities and to make the IT Section's
services available to third parties for the same purpose on a full cost
recovery basis.
7
STRATEGIC DIRECTOR, ENVIRONMENT SERVICES
The following functions are
delegated to the Strategic Director and the relevant Head of Service:
Highways and Transportation
7.1
To authorise:
(a) the erection and
sitting of buildings or structures or the carrying out of works in front of the
prescribed building line pursuant to the powers contained in the Highways Acts
1980;
(b) interference with
or obstruction to highways pursuant to powers contained in the Highways Acts
1980.
7.2
To authorise the statutory powers of entry on to any land for the
purpose of survey and to place or leave on or in that land any apparatus for
use in connection with that survey.
7.3
ln an emergency, to take such action as is necessary to protect
life or to preserve property belonging to the Council or the well being of the
occupants for whom the Council is responsible and to effect repairs.
7.4
(i) The power to
contribute up to a maximum of 10% of the estimated costs of the maintenance of
access roads, the route of which coincides with a by-way or bridleway.
(ii) The discretion to undertake minor works
of repair and general maintenance of rights of way.
7.5
In consultation with the Strategic Director, Corporate Services to
demolish property acquired for road schemes in advance of requirements.
7.6
To authorise the entering into of agreements with developers under
Sections 37, 38 and 278 of the Highways Act 1980 and Section 111 of the Local Government
Act 1972 and for the adoption of streets constructed to specification and to
exercise the default powers thereunder if required.
7.7
To plan and carry out highway improvements not requiring planning
permission, subject to notification to the Local Land Charges Registrar as
necessary and appropriate.
7.8
To approve :
(a) the placing of structures within highway
limits;
(b) the laying, maintenance and inspection of
pipes, cables or other lines over or under the highway;
(c) the erection of stiles, gates or cattle
grids;
(d) arrangements for motor vehicle and cycle
trials subject to the concurrence of the relevant member of the Executive.
7.9
To exercise the Council's powers, including the giving of formal
notices:
(a) to require the removal of obstructions to
sight lines at corners and to remove unauthorised signs on any part of the
highway;
(b) to require the removal, lopping and
cutting of trees or hedges overhanging or near to a highway;
(c) to pipe or culvert and fill up roadside
ditches;
(d) to require the execution of works to
prevent soil or waste from land from falling or being washed on to a street;
(e) to take any action in relation to any
obstruction of or damage to the highway or users thereof;
(f) in relation to alterations of the
public highway whereby notices may be served on statutory undertakers or by
them upon the Council, and to agree estimates and specifications in connection
therewith and to exercise all other powers under the New Roads and Street Works
Act 1991.
(g) to require the removal of abandoned
vehicles and any appropriate action relating thereto.
7.10
To approve the advertisement of proposals to make Traffic
Regulation Orders under the Road Traffic Regulation Act 1984, as amended, and
to approve the making Orders in respect of advertised proposals where no
objections have been received subject to consultation with the relevant member
of the Executive.
7.11
To approve the advertisement and making of Traffic Regulation
Orders and to approve the posting of notices under Section 14 of the Road
Traffic Regulation Act 1984.
7.12
To agree contributions to regional water authorities' surface
water drainage schemes calculated on the proportion of highway `run-off' to
that from other areas and to make payments of up to £1,000 to any minor drainage
scheme of any type where the highway will benefit.
7.13
To arrange for the temporary use of land for storing of highway
materials or equipment.
7.14
To carry out minor temporary repairs in private streets required
to remove danger to persons or vehicles.
7.15
To erect traffic signs and in consultation with the Head of
Property Services to arrange wayleaves for their erection on private property.
7.16
To enter into agreements :
(a) permitting encroachments of the highway
to remain;
(b) for the maintenance and planting of land
within highway limits;
(c) with other public authorities for the
provision of services and the recoupment of charges.
7.17
To certify interim and ex gratia payments on all principal road
and ‘other roads' contracts.
7.18
To grant permission for the erection of banners over highways,
subject to appropriate conditions including conditions necessary for public
safety.
7.19
To seek planning permission for the purposes of Regulations 4(1)
and 5(2) of the Town and Country Planning General Regulations 1976.
7.20
To seek tenders for public transport services that in his opinion
are necessary, with and that the tenders received being put before the
Executive for determination.
7.21
To adjust the timetable and routes for the tendered local bus
services that in his opinion are necessary or essential to the maintenance of a
balanced timetable.
7.22
To make public path orders under the Highways Act 1980 and
modification orders under the Wildlife and Countryside Act 1981 where the
approved consultation procedure has produced no objections to the proposed
order; such action when taken to be reported to the next meeting of the
Regulatory Appeals Committee.
7.23
To conclude agreements under the relevant sections of the Town and
Country Planning Act or the Highways Act to enable developers to carry out
works and dedicate land as part of the publicly maintainable highway subject to
adequate budget provision, and in the case of capital contributions being
required, in consultation with the relevant member of the Executive.
7.24
To authorise, after consultation with the relevant member of the
Executive, that disposal of redundant vehicles to non-commercial charitable
organisations provided that the availability of these are first advertised
following which recipient organisations be chosen by lot.
Property Services
7.25
Within approved budget and Council policy to manage the Council's
property portfolio through the Council's Property Services Manager including,
in particular, the power to buy and sell land; to enter into or grant leases
and licences; to make planning
applications building control applications and such other applications to
comply with statutory requirements; to develop property in accordance with
Council policy and to inform the relevant ward councillor.
Building Control
7.26
Building Control matters, in particular the issue of notices and
determination of applications, consents or approvals under the Building Act
1984 and the Local Government (Miscellaneous Provisions) Act 1982.
Planning
7.27 The processing and determination of all applications and related
submissions is delegated to the Director of Environment Services, the Head of
Planning Services and the Development Control Manager with the following
exceptions:
(a)
Applications for residential development schemes in excess of 50
dwellings on land allocated for residential purposes in the Unitary Development
Plan (or on sites in excess of 1 hectare where the number of dwellings is not
indicated).
(b)
Applications for residential development schemes in excess of 20
dwellings on land not allocated for residential purposes in the Unitary
Development Plan (or on sites in excess of 0.5 hectares where the number of
dwellings is not indicated).
(c)
Applications for industrial/commercial development in excess of 2500
square metres floor space (or on sites in excess of 1.0 hectares where a
floorspace is not indicated).
(d)
Applications for retail development in excess of 1000 square metres
floor space (or on sites in excess of 0.5 hectares where a floorspace is not
indicated).
(e)
Applications which by their nature need to be accompanied by an
Environmental Impact Assessment (or Environmental Statement) as a requirement
of the Town & Country Planning (Environmental Impact Assessment) (England
and Wales) Regulations 1999 or any future such Regulations.
(f)
Applications submitted by or on behalf of a Member (or their
spouse/partner) or by any officers (or their spouse/partner) employed in
Planning Services or any other areas of the Council where the individual may be
involved in the planning process.
(g)
Applications where the proposed development is for Council purposes or
involves Council owned land or property (except where the application is for
minor works to existing property, where the use is not to be changed and where
there is no consequent proposal to dispose of the property).
(h)
Applications for listed building consent (or the associated planning
application) proposing the complete demolition of a listed building.
In addition to these types
of application the following proposals (not capable of identification at
registration stage) will also be reported to Development Control Committee:
(i)
Applications where an elected Member has submitted a written request for
determination by the Development Control Committee. This request should be accompanied by relevant and sustainable
reasons as to why, in the view of the Member, the application should not be
determined by Officers without reference to the Development Control Committee.
(j)
Applications which in the opinion of the Director of Environment
Services/Head of Planning Services/Development Control Manager (or other
appropriate nominated officers) need to be determined by the Development
Control Committee on the basis that it is a contentious/sensitive issue arising
from the scale and nature of third party representation/consultation responses
and (potential) conflict with national and/or regional and/or local planning
policies.
7.28
Peparation and service of Planning Contravention Notice.
7.29
Preparation and service of Breach of Condition Notice.
7.30
Prosecution in respect of unauthorised advertisements and works to
listed buildings without the appropriate listed building consent.
7.31
Delegated to the Head of Planning Services and the Development Control
Manager (in consultation with the Chairman of Development Control Committee and
the appropriate ward Member).
7.32
Preparation and service of any Enforcement Notice.
7.33
Preparation and service of a Notice under S215 Town and Country Planning
Act 1990.
7.34
Determinations to take no further enforcement action after detailed
examination of circumstances surrounding an alleged breach of control, or the
serving of a Planning Contravention Notice.
7.35
All matters relating to the preparation and service of Stop Notices will
be reported directly to the Development Control Committee.
7.36
To carry out appropriate publicity for
applications in accordance with the statutory requirements.
7.37
To agree amendments to approved plans
in accordance with approved procedures.
7.38
To add or amend any condition or reason as appropriate to the
decision notice as long as the resultant decision is in accordance with the
intention of Development Control Committee and the formal resolution.
7.39
The removal of illegally displayed advertisements.
7.40
Determining applications for lopping, topping and felling of
preserved (or protected) trees.
7.41
Determining the need for environmental statements.
7.42
Determining the amount of loans/grants in accordance with the
Council's Environmental Improvement Grant Scheme and Conservation Area
Partnership Schemes, CAPS and HERS.
7.43
Declining to accept for determination repetitive applications.
7.44
Determination as to whether planning permission is required or
not.
7.45
To issue decisions made on planning applications and other related
submissions.
7.46
Where the Development Control Committee wishes to grant, or
refuse, permission contrary to the recommendation, the Strategic Director or
Head of Planning Services can invoke a ‘cooling off' period which will enable
the production, in consultation with the Head of Legal and Democratic Services,
to prepare a report for the next meeting, commenting on the sustainability of
the proposed reasons for refusing planning permission.
7.47
Routine Street naming and numbering in consultation with the
relevant member of the Executive and the local member.
7.48
To undertake appropriate action in connection with the preparation
and/or amendment of the Unitary Development Plan.
7.49
To determine any question in relation to a Village Green Application
including the appointment of an inspector to conduct a non-statutory enquiry
into any Village Green application.
Environmental Health, Trading Standards and Bereavement
Services
7.50
Responsibility for fulfilling the Council's responsibilities and
obligations for Trading Standards, including weights and measures, animal
health, consumer safety, food and consumer advice.
7.51
Responsibility for fulfilling the Council's responsibilities and
obligations for Environmental Health, including food, Health and Safety and
environmental protection.
7.52
Responsibility for fulfilling the Council's responsibilities and
obligations in regard to licensing in those areas encompassed by the Service.
7.53
To authorise three senior officers from the Environmental Health
Section, together with a member of the Licensing Committee, to consider all
door steward applications refused by the Senior Licensing Officer.
7.54
To grant street trading licences and public entertainment licences
where no objection has been received, and after consultation with the Chairman,
or Vice Chairman, of the Licensing Committee and the local member.
7.55
To waive charges for street trading consents where these are for
charitable purposes where appropriate.
7.56
To approve contractors being included to the Council's list for
pest control provided these meet the Council's specifications.
7.57
Responsibility for fulfilling the Council's responsibilities and
obligations with regard to the statutory requirements and general operation of
Bereavement Services.
Economic Development
7.58
To ensure the
implementation of the Economic Strategy including Single Regeneration Budget
and European matters and the making of relevant applications for government and
European funding, within approved budget and to liaise with the Isle of Wight
Economic Partnership and the Tourism Partnership.
Tourism and Leisure
7.59
To manage through the Head of Tourism Services the Tourist Information
Centres.
7.60
To fix the opening and closing hours of Tourism premises open to
the public.
7.61
To negotiate and arrange public performances and exhibitions.
7.62
After consultation with the appropriate Member of the Executive to
produce and publish appropriate material and arrange for the sale in Tourism
premises and other outlets of appropriate material.
8.1The Chief Fire
Officer shall be the executive, operational and administrative head of the Fire
and Rescue Service.
8.2The Chief Fire Officer
shall be directly responsible to the Fire Authority for maintaining the Isle of
Wight Fire and Rescue Service:
(a) Responsible to the Fire Authority for
the Standards of Fire Cover for the Island and such equipment that may be
necessary to meet efficiently all normal requirements.
(b) The efficient training of the members of the
Fire and Rescue Service.
(c) The efficient arrangements for dealing
with calls for assistance for the Fire Brigade in case of Fire and for
summoning members of the Fire Brigade.
(d) Efficient arrangements for obtaining by
inspection or otherwise information required for firefighting purposes with
respect to the character of buildings and property in the Fire Authority's area
and available water supplies and the means of access to them and other material
local circumstances.
(e) Efficient arrangements for ensuring that
reasonable steps are taken to prevent or mitigate damage to property resulting
from measures taken in dealing with fires.
(f) Efficient arrangements for giving when
requested of advice in respect of buildings and other property in the area of
the Fire Authority as to fire prevention, restriction of spread of fire and the
means of escape in case of fire.
8.3
Responsible for fulfilling the Council's responsibilities for its
obligations as a Fire Authority under the Fire Services Act 1947 (as amended)
and under any Fire Safety and associated legislation.
8.4
To authorise appropriate officers to carry out all functions
including the services of all notices under fire safety legislation and to
serve any other notices in connection with any function within the competence
of the Council.
8.5
Responsible for the maintenance of discipline under the Fire
Services (Discipline) Regulations 1985.
8.6
To negotiate minor adjustments in the scheme of Conditions of
Service and to consult with staff and trade union representatives on industrial
relations matters.
8.7
To be responsible to the Fire Authority for ensuring, so far as is
practical, a reinforcement scheme for securing and rendering mutual assistance
for the purpose of dealing with fires occurring on the Island.
8.8
Employing the Fire and Rescue Service or use any equipment for the
purposes other than firefighting for which it appears to be suitable and to
make such charges as he may determine for any services rendered in the course
of such employment, within the policies determined by the Council.
8.9
Take all reasonable steps for ensuring the provision of an
adequate supply of water and for securing that it will be available for use in
case of fire.
8.10
Maintenance of an establishment scheme as approved as approved by
the Fire Authority and Secretary of State.
Emergency Planning
8.11
Responsibility for fulfilling the Council's responsibilities and
obligations in regard to Emergency Planning preparedness.
8.12
Responsibility for ensuring that the Council's obligations,
responsibilities and duties for the control of the oil pollution are fulfilled.
9
STRATEGIC DIRECTOR OF CHILDREN’S SERVICES
The
following functions are delegated to the Strategic Director and the relevant
Head of Service:
Education
9.1
To fix, in consultation with the Island Teaching Council and
Headteacher Groups, school terms and holiday dates.
9.2
To secure the admission of children to County and voluntary
controlled schools including the establishment in consultation with governing
bodies of annual admissions numbers and to agree admissions numbers and
admissions policies with the governing bodies of voluntary aided schools.
9.3
To secure the transport of pupils and students to schools and other
education establishments in accordance with statute or the policies of the
Executive with due regard to budgetary provision.
9.4
To secure, in consultation with the Chief Financial Officer, the
calculation, dissemination and monitoring of school budgets under the terms of
the Council's Scheme for Local Management of Schools in fulfilment of the
Council's statutory duty to provide for public education.
9.5
To secure the provision of education for those with special
educational needs as defined under various legislation in accordance with the
policies of the Executive and with regard to the Committee's estimates, such
provision to include education otherwise than in a school in appropriate cases.
9.6
To authorise the payment or disbursement of grants, allowances, authorisations
and services to pupils, teachers and others as determined by relevant
legislation or in accordance with the policies of the Executive.
9.7
To initiate such action as falls to the responsibility of the
Executive for the attendance of pupils at school or for pupil welfare under the
Children Act 1989 and other relevant legislation.
9.8
To secure the implementation of the annual capital programme of
the Executive, as approved by the Council, including the allocation of
resources within the minor capital building programme and the preparation and
purchase of furniture and equipment schedules in accordance with Financial
Procedure Rules and Contracts Procedure Rules, and to include all arrangements
with regard to voluntary aided school sites and buildings.
9.9
To authorise the publication of notices under Sections 12, 13 and
15 of the Education Act 1980 subject, where appropriate, to consultation with
the governing bodies of the schools concerned.
9.10
To authorise the appointment of teaching and non-teaching staff in
schools and elsewhere within the Education service and to undertake anything
consequential to the employment of those staff as provided under legislation or
the policies of the Executive subject in the case of schools to the provisions
of the Council's Scheme for Local Management of Schools.
9.11
To undertake the landlord function in relation to the management
of sites held by the Executive.
Children’s
Services
9.12
To commission services as required under the Children Act 1989
involving the purchasing and contracting of services within the Contract
Procedure Rules and Financial Procedure Rules, making appropriate care
placements of individuals and to cancel contracts where contractual conditions
have not been complied with following any remedial actions compliant with the
Contract.
9.13
To execute responsibilities under various statutes relating to the
care of children, including the responsibility for instituting Court
Proceedings, normally in consultation with the Head of Legal and Democratic
Services.
9.14
To execute powers conferred by various statutes involving
financial support to people, where expenditure can be contained within the
overall Directorate budget.
9.15
To set the level of charges for the Directorate's services in
consultation with the relevant members of the Executive.
9.16
To make appropriate payments and disbursements to any person or
agency in execution of the Council policies subject to overall containment of
the Service's agreed level of budget.
9.17
To authorise staff to execute statutory powers, enforcements,
rights of entry, etc, as necessary to conduct the affairs of the Social
Services functions, including the servicing of Notices under various Statutes.
10
STRATEGIC DIRECTOR OF ADULT AND COMMUNITY SERVICES
The following functions are delegated to
the Strategic Director and the relevant Head of Service:
Adult Services
10.1
To commission services as required under the NHS and Community
Care Act 1990 involving the purchasing and contracting of services within the
Contract Procedure Rules and Financial Procedure Rules, making appropriate care
placements of individuals and to cancel contracts where contractual conditions
have not been complied with following any remedial actions compliant with the
Contract.
10.2
To execute responsibilities under various statutes relating to the
care of adults, including the responsibility for instituting Court Proceedings,
normally in consultation with the Head of Legal and Democratic Services, where
necessary.
10.3
To execute powers conferred by various statutes involving
financial support to people, where expenditure can be contained within the
overall Directorate budget.
10.4
To set the level of charges for the Directorate's services in
consultation with the relevant members of the Executive.
10.5
To make appropriate payments and disbursements to any person or
agency in execution of the Council policies subject to overall containment of
the Service's agreed level of budget.
10.6
To authorise staff to execute statutory powers, enforcements,
rights of entry, etc, as necessary to conduct the affairs of the Social
Services functions, including the servicing of Notices under various Statutes
and the authorisation of Officers to act under the Mental Health Acts.
Housing
10.7
To authorise staff to execute the Council's statutory housing
powers.
10.8
To achieve the targets set for the Capital Programme and as set by
the Executive.
10.9
To authorise appropriate officers to sign documents relating to
the Local Authority Social Housing Grant applications and supporting papers.
Community Development
10.10
In consultation with the Head of Legal and Democratic Services to
authorise the institution of proceedings under Bye-Laws under Section 19 of the
Public Libraries and Museums Act 1964
10.11
To fix the opening and closing hours of premises open to the
public within the remit of the Service.
10.12
To negotiate and arrange public performances and exhibitions.
10.13
After consultation with the appropriate Chairman and the Chief
Financial Officer to produce and publish appropriate material and arrange for
the sale in premises and other outlets, within the remit of the Service of
appropriate material.
10.14
To authorise the display of notices, posters and minor exhibitions
in premises within the remit of the Service.
10.15
To occasionally waive or vary such charges as have been
established by the Executive at the discretion of the Chief Officer.
Safer Communities
10.21
Functions under the Anti-Social Behaviour Act 2003.
10.22
Functions
under the Crime and Disorder Act 1997.