Members can be confident that the combined effect of
these improvements is that the constitution is significantly more fit for
purpose at the end of the review than at the start. Some other amendments will complete the process.
All the above changes have been
fed into the final complete version of the constitution that is available on
the web site or in hard copy on request from the Democratic Services Manager,
and which is a background paper to this report
FURTHER TECHNICAL AMENDMENTS
7.
The
following amendments are recommended as further clarifying and/or improving the
constitution without affecting the fundamental principles or structures of the
constitutional settlement :
7.1.
Licensing
– Quorum and Panels
·
To
add to the terms of reference of the Licensing Committee under Article 8 “(qq)
Liquor Licensing”, such delegation to take effect from such time as
liquor licensing becomes a function of the Council, and to be subject to
further regulations and statutory guidance,
·
To
add to the terms of reference of the Licensing Committee under Article 8 after
the words “To consider and determine” to add the words “policies, ”
·
To
amend the quorum of meetings of the Licensing Committee from 4 to 3.
·
To
add to the Licensing Committee Procedure Rules “1(g) applications and
appeals will be determined by 3 or 4 members (which is a quorum of the
Committee), unless the committee determines otherwise”
7.2.
Article
4 – Definition of Budget and Policy Framework
The current definition of the budget, adopted in 2001,
follows a national precedent which has proved to be insufficiently precise. It
is recommended that the following definition is substituted, which is a clearer
recital of the existing principles and does not change the role or powers of
the full council:
“The budget
is defined as:-
(i)
The identification and allocation of financial resources by the Full
council, including:
·
Revenue expenditure
·
Contingency and reserve funds
·
Council tax base
·
Council tax level
·
Borrowing requirements and limits
·
Capital expenditure
(ii)
Any resolution of Full Council identified as a budgetary decision;
(iii)
Any limitations to, conditions on or rules governing the management of
budgets, virement between budgets, treatment of underspends, windfall income or
reserves contained within the Financial Procedure Rules.”
To delete the Annual Library Plan from, and add the Library
Position Statement to the Policy Framework, in order to reflect a
change to the statutory requirement
7.3
Article
10 – Statutory Officers
The following changes are
suggested:
·
To
designate the Head of Legal and Democratic Services as Monitoring
Officer and Proper Officer
·
To
change all references from Chief Finance Officer to Chief Financial
Officer
·
To
add to the list of functions of the Chief Financial Officer, under the heading
Administration of Financial Affairs the words “including the provision of
an internal audit function”
·
To
add a new paragraph under the functions of the Chief Financial Officer to read
“Financial Management The Chief Financial Officer will monitor the Council’s financial
performance on a continuous basis, and will advise the Council of the
robustness of its budgets and the adequacy of its reserves.”
These changes implement a
recommendation of the Audit Commission/District Auditor in the Annual
Management letter received in January 2004 and changes to the statutory
functions of the Chief Financial Officer under the Local Government Act 2003.
7.4
Articles
12 and 14
To change all references to,
and responsibilities for, legal, contractual and constitutional matters from
the Strategic Director Corporate Services to the Head of Legal and
Democratic Services and to add a reference to settling
legal proceedings under that heading.
DEVELOPMENT CONTROL COMMITTEE
7.5 At the recommendation of the Development Control Committee,
to adopt the scheme of delegations set out in appendix 1 to this
report
MEMBER/OFFICER PROTOCOL
7.6 To approve the draft Member/Officer Protocol
set out in Appendix 2 to this report
ACCESS TO INFORMATION FOR MEMBERS OF SELECT COMMITTEES
7.7 Rule
12 of the Select Committee Procedure Rules
refers to additional rights of Select Committee members to information, but
does not specify what those additional rights are. It is recommended that the
following are added to the Access to Information Procedure Rules
Members of Select
Committees have the following additional rights to information, :
·
All information relating to an item on a Select Committee agenda, where
the Member sits on that Select Committee, unless access is prohibited by law or
by court order
·
Sufficient information on any issue, which falls within the terms of
reference of a Select Committee upon which the Member sits, to enable the
Member to decide whether to seek to add the issue to an agenda of that
committee.”
SCHEME OF DELEGATIONS
7.8 The
scheme requires refreshing to make the existing arrangements clearer and to
make delegations directly to Heads of
Service. This delivers member’s objectives, which were at the heart of the 2001
restructure, of ensuring Heads of Service are both empowered to deliver, and
also accountable for, the services for which they are responsible. There is no
material change proposed to the extent to which officers, as opposed to
members, take decisions.
It is suggested that:
(i)
The
existing Introduction is deleted
(ii)
The
following paragraphs are added:
Full Council and the Executive
delegate 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 bear
delegated powers. 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.
(iii)
All
references to
·
Strategic
Directors be amended to add reference to Heads of Service
·
Personnel
Service Manager be changed to read Head of Human Resources
·
The
Head of Paid Service be changed to Chief Executive Officer
(iv)
That
the existing specific delegations be re-ordered to reflect the service
responsibilities of the Chief Executive Officer, the Chief Financial Officer
and the Head of Legal and Democratic Services.
(v)
The
delegations in relation to planning and development control be amended in
accordance with paragraph 7.5 above.
The Officer Delegations
Rules revised in accordance with the above are attached as appendix 3
to this report.
As the scheme of delegations
concerns executive as well as council functions, it is also necessary for the
executive to approve these changes and it proposed that they take effect from
the date upon which the Executive so approve them.
ETHICAL AUDIT
7.9.1
The Standards Committee has been
conducting an audit of the arrangements to ensure and promote standards of
ethics and probity and has made 12 interim recommendations. In order to deliver
one of those recommendations the Terms of Reference of the Audit Panel
should be added to the constitution as part of Article 8.
7.10 The interim recommendations also proposed a
number of updating and refreshing
issues within the constitutional documents and these have already been covered
by Council decisions or are recommended by this report.
SCHEDULE
7.11 The
current schedule to the constitution, in setting out the Executive
arrangements, refers to the Executive “exercising the following functions on
behalf of the Council.” Executive
functions are defined by law and are not undertaken by delegation from, or on
behalf, of the Council. This lack of
precision may have contributed to past uncertainty about the role of the
Executive.
It is suggested that the words
above are deleted and the following added “The Executive exercises the
following functions, vested in it by the Functions and Responsibilities Orders
and particularly;”
FURTHER WORK
8. The Council has been criticised for its
approach to overview and scrutiny through the operation of Select
Committees. The Co-ordinating Committee
are undertaking, with the assistance of the IdeA, some work designed to bring
forward proposals for a more fundamental review of the structures of Select
Committees. It is recommended that that
exercise takes place separately from the technical review now being completed.
FINANCIAL
REGULATIONS/CONTRACT STANDING ORDERS
9. Financial Regulations and Contract
Standing Orders are currently under review and revised drafts will be proposed
to Full Council.
DECISION MAKING PROTOCOL
10.
This part of the constitution
should have profound implications and be of great assistance, in managing the
Council’s decision making processes. It
is, however, rarely referred to and is, therefore, proving itself to be less
useful than it could be. It is
suggested that this is the only other part of the constitution which can
usefully be reviewed, in some depth, during the next municipal year.
11.
Part of this revision
could usefully include a short summary of the distinct roles of the Full
Council, Executive, Portfolio Holders, Strategic Directors and Heads of Service
in order to ensure greater consistency and understanding about the different
circumstances in which each takes decisions and/or supports the decision making
process.
DEVELOPMENT CONTROL COMMITTEE
12.
The Development Control
Committee is completing a review of those parts of the constitution which the
Best Value Review showed would benefit from refreshing. It is anticipated that
the Committee will recommend to May Full Council, a new Code of Practice for
Members and Officer Dealing With Development Control Matters and revise
Development Control Committee procedure Rules.
CHANGES
IN THE LAW/OPERATIONAL NECESSITY
13. It is
always possible that other changes to the constitution are required during the
next twelve months. To promote
stability and to enable focus on service delivery it is suggested that, other
than the areas set out in paragraphs 8 to 12 above, only such other changes as
are required by developments in the law or by operational necessity are
considered by full Council
DELEGATED POWERS
14.
Many of the changes
which have been brought before full Council within the last twelve months are
too trivial to have merited time before the full Council. It is, therefore, recommended that the Head
of Legal and Democratic Services is given a specific delegation to amend, in
consultation with the Chairman of the Council, the constitution to reflect
changes in the law and/or to clarify existing provisions where the amendment
does not affect the substance of the constitution.
15.
This delegation will
mean that changes, such as new management structures, approved elsewhere by
members, do not need to be reported to Full Council.
STRATEGIC CONTEXT
16. The
purpose of the constitution is to deliver open, efficient decision making
processes, in order to deliver strategic and operational objectives of the
Council
CONSULTATION
17. Changes
to the constitution, under the terms of strategy guidance issued in the light
of the Local Government Act 2000, requires proportionate public consultation
when changes to the constitution are being considered. As the changes being discussed in this paper
affect the efficiency of the operation of the constitution, rather than
amendments to the structures and fundamental principles of the constitution,
the publication of this report, in accordance with the access to information
procedure rules, amount to sufficient public consultation.
FINANCIAL/BUDGET IMPLICATIONS
18. The cost of producing updated versions of the constitution and
Members handbook will be met within existing budgets. This step is necessary in order to reflect changes which have
already been made to the constitution and to comply with recommendations from
the Audit Commission/District Auditors annual management letter.
LEGAL IMPLICATIONS
19. Full Council is the body competent to amend the
constitution. The amended constitution
must be consistent with the Local Government Act 2000 and the constitutions
directive issued by the then Secretary of State for Environment, Transport and
the Regions in December 2000.
RECOMMENDATIONS
It
is recommended that:
(i)
each of the changes to the constitution set
out in paragraph 7 be adopted.
(ii)
the further work set out in paragraphs 8, 9,
10, 11 and 12 be undertaken and reported to future meetings of Full Council.
(iii)
the
Head of Legal and Democratic Services is given a specific delegation to
amend, in consultation with the Chairman of the Council, the constitution to
reflect changes in the law and/or to clarify existing provisions where the
amendment does not affect the substance of the constitution.
|
BACKGROUND PAPERS
Agendas and Minutes of full
Council, the Executive, Development Control Committee and Select Co-ordinating
Committee
Ofsted Local Education
Authority Inspection report
IDEA Peer Review Report
Contact Point :
John Lawson, Head of Legal and Democratic Services, County Hall,
Newport, Isle of Wight F 01983 823207
|
JOHN LAWSON
Head of Legal and Democratic
Services
& Monitoring Officer
|
COUNCILLOR SHIRLEY SMART
Leader of the Council
|
Appendix 1
THE SCHEME OF DELEGATIONS
The processing and
determination of all applications and related submissions is delegated to the
Director of Environment Services/Head of Planning Services/Development Control
Manager (or other appropriate nominated officers) with the following
exceptions:
1.
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).
2.
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).
3.
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).
4.
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).
5.
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.
6.
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.
7.
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).
8.
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 :
9.
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.
10.
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.
Delegated to Development
Control Manager :
1.
Preparation
and service of Planning Contravention Notice.
2.
Preparation
and service of Breach of Condition Notice.
3.
Prosecution
in respect of unauthorised advertisements and works to listed buildings without
the appropriate listed building consent.
Delegated to the Development
Control Manager (in consultation with the Chairman of Development Control
Committee and the appropriate ward Member).
4.
Preparation
and service of Enforcement Notice.
5.
Preparation
and service of Section 215 Notice.
6.
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.
All matters relating to the preparation and
service of Stop Notices will be reported directly to the Development Control
Committee.
Appendix
2
DRAFT REVISED PROTOCOL ON
MEMBER/OFFICER RELATIONS
1.
Good
Member/Officer relations, based on mutual respect and understanding, are
essential to the effective operation of the Council.
Members’ Roles
2.
The
Constitution sets out 10 detailed job profiles reflecting the many and varied
roles and responsibilities which Members may take on at various times whilst
they sit on the Council.
3.
In
undertaking those roles and responsibilities, elected Members are required to
operate within the law, the Constitution of the Council and within local and
national codes and protocols. Members must always act in the public interest.
Ultimately however, Members are accountable to the electorate through the
ballot box.
Role of Officers
4.
Officers are
paid employees of the Council (not of elected Members). Officers are also required to operate
within the law, the Constitution of the Council, local and national codes and
protocols and must always act to achieve the objectives of the Council. Ultimately as employees, Officers are
accountable under their contracts of employment. Some employees are in politically restricted posts and cannot
stand for election, nor hold certain posts in political parties
5.
Officers have
a duty to provide information, advice and recommendations to elected
Members. Such information, advice, etc
can be given both formally and informally, but where significant or potentially
controversial issues are at stake should be given formally and in writing.
6.
Officers
should never lobby Members or otherwise seek to influence their decision
making, nor should they seek to act for personal rather than professional
motives.
Member Decision Making
7.
The principal
focus of Member decision making is to determine policy and strategic objectives. Members will only exceptionally be involved
in operational or managerial decisions designed to deliver those policies and
strategic objectives. One exception to this principle is that members sitting
in a regulatory capacity will take decisions which affect the rights of
individuals, for example in relation to development control and licensing
matters, to which specific codes of practice apply.
8.
Member
decision making is always formal, public and auditable on the basis of written
reports and their advice from all relevant officers.
9.
Accordingly,
Members should not purport to give instructions directly to Officers on an
informal basis, except to the small number of Officers employed specifically to
provide support services to elected Members.
10.
Members need
to be aware that some, particularly more junior, members of staff can feel
intimidated by direct approaches by Members, and in particular should avoid
being in a position where they could be seen as asking an officer to act
against Council policy, against the Officer’s professional judgement or
otherwise under pressure from the member.
Provision of Information
11.
Members have
a need to know a wide range of information, but there are some limits to their
rights. In order to protect the Council
and those about who information is held, Officers are entitled to request
Members identify the purpose for which they require information. Those purposes may only be in connection
with the Members’ duties as an elected Member and not for personal, political
or other purposes.
12.
Equally on
the rare occasions when a request by a Member for information is refused, the
Member is entitled to request written reasons and that a copy of those reasons
is sent to the Monitoring Officer for advice.
Officer’s Advice
13.
Advice by Officers
must be confined to Council business and must be sought and given, in a manner
which will avoid compromising the political neutrality required of employees.
14.
Many officers
are willing to be contacted by members at home outside of normal working hours,
but this step should only be taken in cases of genuine importance or urgency or
by prior arrangement.
Group Briefings
15.
Political
Groups may request private and confidential briefings, including the provision
of written information on matters of policy, which are or may become, the
subject of discussion by the full Council, Executive or any Committee.
16.
Attendance by
Officers at Group meetings may be requested, but Officers will always have the
option of declining to attend and give written advice as an alternative. It is not usually considered good practice
for officers to attend such briefings alone.
17.
Where an
Officer attends a Group meeting, they have an obligation to notify the
Monitoring Officer of the fact of their attendance and the subject of the briefing. The Monitoring Officer will then notify the
other Political Groups that the briefing has been given.
Complaints and Criticism
18.
Neither
Officers nor Members should pass comment about Officers in a way which could be
taken as personally critical of, or as undermining, that Officer. Similarly, it
is never the role of an Officer to criticise or undermine a Member.
19.
Complaints
about elected Members should be made to the Monitoring Officer (or in serious
cases, direct to the Standards Board for England). A breach of this protocol may be evidence of a breach of the
Members’ Code of Conduct.
20.
Complaints
about Officers should be made to their Head of Service, or where necessary, to
their Strategic Director or direct to the Chief Executive Officer. Such complaints will be dealt with by
appropriate disciplinary, capability or other established procedure.
21.
Except as
part of an appointment or appeals panel, Members are prevented by law from
becoming involved in matters relating to individual employees. Information about disciplinary, capability
or other employment processes are one of the exceptions to the rights of
Members to access information.
Executive and Select Committees
22.
The
Constitution of the Council establishes a separation of powers between the Executive
and the Select Committees. Officers owe
an equal duty to both the Executive and the Select Committees. Sometimes real or perceived conflicts may
arise, for example, when a Select Committee wishes an Officer to explain their
advice in relation to a controversial policy or decision. In such circumstances, conflict can be
avoided by Officers advising impartially on the relative merits of alternative
approaches.
Advice and Guidance
23.
This protocol
deals with general principles and is not designed to address particular
circumstances. Advice can be sought
from the Monitoring Officer and Chief Executive Officer whenever difficult
situations arise. Some circumstances
will benefit from deliberation by the Standards Committee of the Council, which
has advising Members on standards of ethics and probity as one of its terms of
reference.
Personal/Family/Financial Relationships
24.
Usually it is
incomparable with good member/officer relations for close personal, or any
financial, relationships to develop between officers and Members. Very occasionally there may be exceptions to
this rule, and/or that family relationships will exist.
25.
Where there
are unusually close relationships (and in the case of any financial
relationships) guidance should be sought and the relationship notified in
writing to the employee’s Director (or in the case of Directors to the Chief
Executive Officer)
Appendix 3
DELEGATIONS TO OFFICERS
1.
INTRODUCTION
Full Council and the
Executive delegate 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.
2.
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:-
2.1
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.
2.2
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.
2.3
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
2.4
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;
2.5
In deciding whether or not to exercise delegated powers, officers shall
consider consulting 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.
2.6
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.
2.7
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 interests of the Council.
3.
GENERAL
DELEGATIONS TO DIRECTORS
General
3.1
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.
3.2
The delegated powers within the scheme are exercisable by the Strategic
Director or Heads of Service or other person authorised by them.
Finance
3.3
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.
3.4
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.
3.5
Subject to prior approval of the Chief
Financial Officer to have the general power of virement as set out in Financial
Regulations.
3.6
Within policy to make application for
any grants or external funding on behalf of the Council.
3.7
Within approved policy and budget and
within the competence of the Council to engage in providing services for
outside agencies.
3.8
To serve notices in connection with any
function within the competence of the Council.
Personnel
3.9
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.
4.
CHIEF
EXECUTIVE OFFICER
4.1
Where necessary in consultation with
the Monitoring Officer, Chief Financial Political Groups, and Leader of the
Council, to authorise urgent action between Executive meetings and ensure that
the decision be made available to the Chairmen of the relevant Select
Committee.
4.2
In consultation with the Leader of the
Council and the Chief Financial Officer, to authorise, as an approved duty,
attendance of members at appropriate conferences, seminars, visits etc, both in
this country and abroad, in connection with the Council's involvement in
European matters.
4.3
To be the Council's Head of Paid
Service.
4.4
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.
4.5
To provide professional advice to all
partners in the decision making process.
4.6
In conjunction with the Monitoring
Officer to maintain a system of record keeping for all the Council's decision.
4.7
To make arrangements for the Council to
be represented on partnership and external bodies as required by statute or the
Council.
4.8
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.
5.
MONITORING
OFFICER
5.1
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.
5.2
To authorise investigations and reports
on issues that are relevant to the Council's functions.
5.3
To make arrangements for the promotion
and maintenance of high standards of conduct within the Council.
5.4
To undertake appropriate arrangements
in connection with the Council's Standards Committee.
5.5
To make arrangements for decisions of
the Executive, the reasons for those decisions, relevant reports and background
papers to be publicly available.
5.6
To make arrangements for the
maintenance and inspection of the register of members and co-opted members
interests.
5.7
To provide appropriate support to
members and officers to assist in undertaking their roles.
6.
CHIEF
FINANCIAL OFFICER
6.1
To provide professional financial
advice in relation to the Council's corporate management.
6.2
To make arrangements for the
maintenance of the Council's financial administration and stewardship.
6.3
To make arrangements for the provision
of financial information.
6.4
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.
7.
CHIEF EXECUTIVE OFFICER
Corporate Services
7.1
To act as Returning Officer for
Parliamentary and Local Elections.
7.2
Within the Council policy and within
budget to manage and operate on a day to day basis County Hall accommodation.
7.3
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.
Legal and Democratic
Services
7.4
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.
7.5
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.
7.6
To issue licences and permits, and to
keep registers as required by any enactment within Council policy.
7.7
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.
7.8
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.
7.9
To authorise the attestation of documents
signed and sealed on behalf of the Council.
7.10
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.
7.11
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.
7.12
In relation to the appointment as
Proper Officer to exercise the function of Births, Deaths and Marriages.
7.13
To make arrangements for the proper
administration of the financial affairs of the Council.
7.14
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.
7.15
Without prejudice to the generality of
paragraphs 7.14 and 7.15 above and 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 determine the council tax base for
each financial year
Information Technology
7.16
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.
(c) To
manage all routine matters arising under the Local Government Pension Scheme
Regulations and the Local Government Compensation Regulations.
(d) To
take decisions on all pension cases falling within precedent, guidelines or
regulations.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) To
authorise any person to attend hearings of the Valuation Tribunal on behalf of
the Council.
8.
STRATEGIC
DIRECTOR, ENVIRONMENT SERVICES
Highways and Transportation
8.1
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.
8.2
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.
8.3
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 in accordance with Contracts Procedure Rule 3.1.
8.4
(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.
8.5
ln consultation with the Strategic
Director, Corporate Services to demolish property acquired for road schemes in
advance of requirements.
8.6
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.
8.7
To plan and carry out highway
improvements not requiring planning permission, subject to notification to the
Local Land Charges Registrar as necessary and appropriate.
8.8
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.
8.9
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.
8.10
To approve the advertisement of
proposals to make Traffic Regulation Orders under Sections 1, 9, 29, 81, 83,
and 84 of the Road Traffic Regulation Act 1984, as amended, and to approve the
making by the Strategic Director, Corporate Services of Orders in respect of
advertised proposals where no objections have been received subject to the
concurrence of the relevant member of the Executive.
8.11
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.
8.12
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
Ł1,000 to any minor drainage scheme of any type where he is satisfied that
highways will benefit.
8.13
To arrange for the temporary use of
land for storing of highway materials or equipment.
8.14
To carry out minor temporary repairs in
private streets required to remove danger to persons or vehicles.
8.15
To erect traffic signs and in
consultation with the Property Services Manager to arrange wayleaves for their
erection on private property.
8.16
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.
8.17
To certify interim and ex gratia
payments on all principal road and `other roads' contracts.
8.18
To grant permission for the erection of
banners over highways, subject to appropriate conditions including conditions
necessary for public safety.
8.19
To seek planning permission for the
purposes of Regulations 4(1) and 5(2) of the Town and Country Planning General
Regulations 1976.
8.20
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.
8.21
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.
8.22
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.
8.23
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.
8.24
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
8.25
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
8.26
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.
8.27
The processing and determination of all applications and related
submissions is delegated to the Director of Environment Services/Head of
Planning Services/Development Control Manager (or other appropriate nominated
officers) with the following exceptions:
1.
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).
2.
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).
3.
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).
4.
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).
5.
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.
6.
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.
7.
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).
8.
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 :
9.
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.
10.
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.
Delegated to Development
Control Manager :
1.
Preparation
and service of Planning Contravention Notice.
2.
Preparation
and service of Breach of Condition Notice.
3.
Prosecution
in respect of unauthorised advertisements and works to listed buildings without
the appropriate listed building consent.
Delegated to the Development
Control Manager (in consultation with the Chairman of Development Control
Committee and the appropriate ward Member).
4.
Preparation
and service of Enforcement Notice.
5.
Preparation
and service of Section 215 Notice.
6.
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.
All matters relating to the
preparation and service of Stop Notices will be reported directly to the
Development Control Committee.
Safeguards
(a) Every Member of the Council shall receive a
weekly press list and any Member may require, prior to the expiry of the advertisement
date (14 days), that a specific application be referred to Development Control
Committee for a decision.
(b) Where an application is recommended for
approval/refusal in accordance with policy and the application has attracted
conflicting consultation responses or conflicting third party representations,
which are considered to be not relevant or not sustainable or should be
afforded minimal weight, or the area of concern has been overcome by successful
negotiation and/or the imposition of appropriate conditions then that decision
will be in consultation with the local Member and the Chairman or Vice Chairman
of the Development Control Committee.
(c) Where
an application is put forward for approval/refusal in consultation with the
local member, he/she has the option to require the application to be referred
to the Development Control Committee.
8.28
Where an application is put forward for
approval/refusal in consultation with the Chairman or Vice Chairman of the
Development Control Committee, he/she has the option to require the application
to be referred to the Development Control Committee.
8.29
To carry out appropriate publicity for
applications in accordance with the statutory requirements.
8.30
To agree amendments to approved plans
in accordance with approved procedures.
8.31
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 Committee's intention and the formal resolution.
8.32
The removal of illegally displayed
advertisements.
8.33
Determining applications for lopping,
topping and felling of preserved (or protected) trees.
8.34
Determining the need for environmental
statements.
8.35
Determining the amount of loans/grants
in accordance with the Council's Environmental Improvement Grant Scheme and
Conservation Area Partnership Schemes, CAPS and HERS.
8.36
Declining to accept for determination
repetitive applications.
8.37
Determination as to whether planning
permission is required or not.
8.38
To issue decisions made on planning
applications and other related submissions.
8.39
Where the Development Control Committee
wishes to :
(a) refuse permission contrary to the
recommendation, the Director can invoke a ‘cooling off' period which will
enable the Director, 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.
(b) grant permission contrary to the
recommendation, the Director can invoke a ‘cooling off' period which will
enable the Director, in consultation with the Council's Solicitor, to prepare a
report for the next meeting, commenting on the possible effect of the decision
and appropriate reasons.
8.40
Routine Street naming and numbering in
consultation with the relevant member of the Executive and the local member.
8.41
To undertake appropriate action in
connection with the preparation and/or amendment of the Unitary Development
Plan.
Environmental Health, Trading Standards and Bereavement Services
8.42
Responsibility for fulfilling the
Council's responsibilities and obligations for Trading Standards, including
weights and measures, animal health, consumer safety, food and consumer advice.
8.43
Responsibility for fulfilling the
Council's responsibilities and obligations for Environmental Health, including
food, Health and Safety and environmental protection.
8.44
Responsibility for fulfilling the
Council's responsibilities and obligations in regard to licensing in those
areas encompassed by the Service.
8.45
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.
8.46
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.
8.47
To waive charges for street trading
consents where these are for charitable purposes where appropriate.
8.48
To approve contractors being included
to the Council's list for pest control provided these meet the Council's
specifications.
8.49
Responsibility for fulfilling the
Council's responsibilities and obligations with regard to the statutory
requirements and general operation of Bereavement Services.
8.50
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.
9.
CHIEF FIRE
OFFICER
9.1
The Chief Fire Officer shall be the
executive, operational and administrative head of the Fire and Rescue Service.
9.2
The 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.
9.3
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.
9.4
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.
9.5
Responsible for the maintenance of
discipline under the Fire Services (Discipline) Regulations 1985.
9.6
To negotiate minor adjustments in the
scheme of Conditions of Service and to consult with staff and trade union
representatives on industrial relations matters.
9.7
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.
9.8
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.
9.9
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.
9.10
Maintenance of an establishment scheme
as approved as approved by the Fire Authority and Secretary of State.
Emergency Planning
9.11
Responsibility for fulfilling the
Council's responsibilities and obligations in regard to Emergency Planning
preparedness.
9.12
Responsibility for ensuring that the
Council's obligations, responsibilities and duties for the control of the oil
pollution are fulfilled.
10. STRATEGIC DIRECTOR OF EDUCATION AND
COMMUNITY DEVELOPMENT
Education
10.1
To fix, in consultation with the Island
Teaching Council and Headteacher Groups, school terms and holiday dates.
10.2
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.
10.3
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.
10.4
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.
10.5
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.
10.6
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.
10.7
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.
10.8
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.
10.9
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.
10.10
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.
10.11
To undertake the landlord function in
relation to the management of sites held by the Executive.
Community Development
10.12
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.
10.13
To fix the opening and closing hours of
premises open to the public within the remit of the Service.
10.14
To negotiate and arrange public
performances and exhibitions.
10.15
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.
10.16
To authorise the display of notices,
posters and minor exhibitions in premises within the remit of the Service.
10.17
To occasionally waive or vary such
charges as have been established by the Executive at the discretion of the
Chief Officer.
Tourism and Leisure
10.18
To manage through the Head of Tourism
Services the Tourist Information Centres.
10.19
To fix the opening and closing hours of
Tourism premises open to the public.
10.20
To negotiate and arrange public
performances and exhibitions.
10.21
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.
11. STRATEGIC DIRECTOR OF SOCIAL SERVICES AND
HOUSING
11.1
To approve Registration of Residential
Care Homes, Nurseries and Child Minders, and imposing such conditions, in
accordance with appropriate legislation.
11.2
To commission services as required
under the NHS and Community Care Act 1990 and the Children's 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 the Council to cancel contracts where contractual conditions
have not been complied with following any remedial actions compliant with the
Contract.
11.3
To execute responsibilities under
various Statutes relating to the care of children and adults, including the
responsibility for instituting Court Proceedings, normally in consultation with
the Head of Legal and Democratic
Services, where necessary.
11.4
To execute powers conferred by various
Statutes involving financial support to people, where expenditure can be
contained within the overall Directorate budget.
11.5
To set the level of charges for the
Directorate's services in consultation with the relevant members of the
Executive.
11.6
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.
11.7
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.
11.8
To authorise staff to execute the
Council's statutory housing powers.
11.9
To achieve the targets set for the
Capital Programme from Social Services and Housing as set by the Executive.
11.10
To authorise appropriate officers to
sign documents relating to the Local Authority Social Housing Grant
applications and supporting papers.
