PAPER B

Purpose : For Decision

Committee: ANNUAL COUNCIL

Date : 18 MAY 2005

Title: REPORT OF THE CHIEF EXECUTIVE

ANNUAL COUNCIL – APPOINTMENTS & CONSTITUTIONAL AMENDMENTS

PURPOSE

1. The first annual general meeting after local elections is an important and busy event. There are a number of high profile decisions to be taken which will shape the Council, its priorities and leadership within the community for the next four years.

2. This report sets out the decisions which need to be taken and gives some guidance to members of the Council as they work through that business.

BACKGROUND

Business to be conducted

3. The Constitution of the Council sets out the business to be conducted at Annual Council in Procedure Rule 1.2. That business is set out on the agenda for this meeting.

Voting

4. Many of the decisions at Annual Council will be politically significant. In particular there are detailed rules about how appointments to posts will be made.

· Voting for appointments will be by secret ballot unless Full Council decides to vote by show of hands.

· If more than two people are nominated for one post and there is not a simple majority in favour of one candidate the member with the lowest number of votes is taken off the list of candidates and a new vote will be taken.

· If there is a tied vote the Chairman has a casting vote.

5. The rules on voting are set out in Procedure Rule 18.

6. The Constitution also sets out job profiles for a number of posts to be filled at Annual Council.

RECOMMENDATION

It is recommended that Full Council resolves to take all votes at this annual meeting by show of hands.

Civic Offices

7. The first part of the meeting is devoted to appointing the Civic Office holders who will lead the Council and the Island for the next 12 months. The outgoing Chairman takes the Chair for this part of the meeting. The Constitution provides for three Civic Offices:

· Chairman

· Vice Chairman

· Deputy Chairman

8. The role of Deputy Chairman is relatively recent, having been created in 2001 to ensure that the Civic Team was large enough to undertake all of the duties which fall to it. There is no statutory basis for the post of Deputy Chairman.

9. Over the last four years the Deputy Chairman has very rarely been called upon to undertake any Civic duties and the independent panel appointed to advise Full Council on Members’ remuneration recommended that no special responsibility allowance be paid to the post.

10. In these circumstances it is suggested that no appointment be made to the post of Deputy Chairman and that the Constitution be amended to delete reference to it.

RECOMMENDATION

It is recommended that:

(i) An Elected Member is appointed Chairman;

(ii) An Elected Member is appointed Vice Chairman;

(iii) That the Constitution is amended to delete references to the Deputy Chairman.

11. After the Chairman is elected there is traditionally a short break for the outgoing Chairman to welcome the incoming office holder and for the Chain of Office to be handed over. To mark the return to the Chamber of the incoming Chairman, a fanfare will be played.

12. The Chairman will normally make some comments or announcements on taking the Chair and thank the outgoing civic team.

Proportionality

13. The concept of appointments to committees being politically proportionate is discussed in this report. Appendix 4 sets out a ready reckoner showing how seats would be allocated if proportionality is applied.

Minutes of Last Meeting

14. Approval of the Minutes of the last meeting is about the accuracy of that record. It is likely that only those members of the Council who were present at the last meeting will feel able to speak and vote upon the accuracy of the minutes.

RECOMMENDATION

It is recommended that the Minutes, subject to any amendments for accuracy, are agreed.

Announcements

15. The Chief Executive Officer, who is also the Returning Officer for Local Elections, will announce and ask Full Council to note the outcome of the Local Elections on 5 May 2005. The results of the Local Elections are attached as Appendix 1 to this report.

RECOMMENDATION

It is recommended that Full Council note the outcome of the Local Elections from 5 May 2005.

Election of Leader

16. The post of Leader is the key political role and election to that post comes as the first of a list of political appointments.

RECOMMENDATION

It is recommended that Full Council elect an Elected Member as Leader of the Council and Chair of the Cabinet.

17. The new Leader may wish to open the debate on each of the items which follow which also deal with appointments.

Cabinet – Size and Appointments

18. The law requires between 2 and 9 Members of the Council to be appointed, along with the Leader of the Council, to the form an executive team. The Constitution of the Council suggests that these Members will be allocated portfolios of responsibility.

19. It may be helpful to see this task as having three parts. The first is to agree the size of the executive team, the second to decide which Elected Members will be in that executive team and the final stage is to decide which part each member of that team will play.

20. There are several ways Full Council could approach this issue, including:

· empower the Leader to determine the size of the Cabinet, agree portfolio titles and responsibilities, to appoint members to the Cabinet and to allocate Portfolios, or

· to determine one or more of the size, portfolio titles and responsibilities, appointment of members and/or allocation of portfolios.

21. The majority group has indicated that it wishes to empower the Leader as described above, and that the statutory executive be known as the Cabinet.

RECOMMENDATIONS

It is recommended that Full Council:

(i) Delegates to the Leader of the Council the power to determine the size of the Cabinet, agree portfolio titles and responsibilities, to appoint members to the Executive and to allocate Portfolios

(ii) Receives a report to a future meeting making the necessary consequential changes to the Constitution.

Overview and Scrutiny – Scrutiny Committee & Policy Commissions

22. The law requires there to be at least one overview and scrutiny committee. Overview and scrutiny committees have historically been known locally as Select Committees.

23. Getting the right overview and scrutiny arrangements is as important as any other decision to be taken by Full Council. There are a number of ways in which Full Council can approach the issue:

· Scrutiny can mean looking back at decisions/actions which have been taken. It can also mean looking at specific detailed proposals developed elsewhere but yet to be adopted.

· There is a statutory requirement for an Audit Committee. Experience on the Island suggests that including an audit function (looking publicly at audit reports prepared by Internal and External Auditors) sits well alongside the scrutiny function.

· A call-in function, acting as a safety net able to halt temporarily the implementation of Executive decisions, for further consideration, is an essential part of scrutiny.

24. One structure which Council could consider would be to establish a scrutiny committee to take on some or all of the following functions:

· Scrutiny of specific proposals before implementation

· Scrutiny of decisions after implementation

· Audit Committee Functions

· Call-in of executive decisions

25. If this workload becomes too great for a single committee the functions could be delegated by the Scrutiny Committee to sub-committees or panels (audit committee functions were dealt with by a Committee established specifically for that purpose in 2001-2004).

26. Scrutiny is a scarce resource and members will wish to ensure that it is deployed where it can produce maximum results. It is proposed that the terms of reference of the Scrutiny Committee are expressly limited to scrutinising policy and budget at the political and strategic level only.

27. To complement the work of scrutiny, policy development (or overview) committees or panels could be established to reflect other priorities of the new administration, corporate/strategic objectives and the interests of non-executive members and the communities that they represent.

28. A health scrutiny function is also a statutory requirement.

29. The majority group has indicated that it wishes to see a single Scrutiny Committee, with the functions described above, and four standing Policy Commissions:

· Economy, Tourism, Leisure, Regeneration and Transport

· Care Trust Delivery, Health Scrutiny and Housing

· Safer Communities

· Children and School Results

30. There is a statutory requirement for co-opted members representing parents and the Diocese to be appointed to the body undertaking overview and scrutiny of education functions. The constitution must provide for cooption to both the Children & School Results Commission and to the Scrutiny Committee.

RECOMMENDATION

It is recommended that Full Council:

(i) Establish a Scrutiny Committee of 11 members to undertake scrutiny of policy and budget at a political and strategic level:

· Scrutiny of specific proposals

· After the event scrutiny

· Audit Committee Functions

· Call-in of executive decisions

(ii) Establish a four 7 member Policy Commissions:

· Economy, Tourism, Leisure, Regeneration and Transport

· Care and Health Trust Delivery, Health Scrutiny and Housing

· Safer Communities

· Children and School Results

(iii) Receives a report to a future meeting making the necessary consequential changes to the Constitution, including provision for statutory co-optees.

(iv) Approves the allocation of seats, on a politically proportionate basis, as set out in Appendix 4.

Scrutiny Committee & Commission Chairs and Vice Chairs

31. Whatever system is adopted it will require the appointment of Chairs and Vice Chairs to any standing overview and scrutiny committee(s). Appointment can be on the basis of a single vote for a list of candidates or on a post-by-post basis. The majority group has stated that it wishes, as a matter of policy, to see the Chair and Vice Chair of Scrutiny to be opposition members. As this is the case it is likely that an opposition member will wish to propose candidates for these posts.

32. Appointment of Members to those committees, on a politically proportional basis – giving effect to the wishes of political groups – can be delegated to the Chief Executive Officer.

33. The Chairs of the Policy Commissions will be known as Commissioners

RECOMMENDATION

It is recommended that Full Council:

(i) Appoints a Chair and Vice Chair for the Scrutiny Committee, and

(ii) Appoints four Commissioners

(iii) Receives a report at a future meeting making the necessary consequential changes to the Constitution to reflect the creation of new structures.

Scrutiny Committee and Commission Membership

34. The law creates a presumption that Full Council will allocate seats on any committee to political groups on a politically proportionate basis – reflecting the size of the political groups on the Full Council. Allocation can be on other principles, providing no member of Full Council votes against the proposal to do so.

35. Appointment of individual Members to seats allocated to political groups is conventionally delegated to the Chief Executive Officer, who will give effect to nominations by group leaders.

36. The majority group have indicated they wish to disapply the requirement for proportionality in relation to the Scrutiny Committee, and appoint, instead, on the basis that opposition members should have a majority of seats:

· 4 Conservative

· 3 Independent Scrutiny

· 3 Liberal Democrats

· 1 Labour

37. This can only be agreed if no Member present votes against.

RECOMMENDATIONS

It is recommended that Full Council:

(i) Disapplies the requirement for proportionality in relation to the Scrutiny Committee

(ii) Delegates the appointment of Members to the Scrutiny Committee and Commissions to the Chief Executive Officer, who will give effect to nominations by group leaders.

Regulatory Committees

38. The law requires the establishment of committees of Members to deal with a wide-range of regulatory functions. These functions were, in the last Council, delegated by Full Council to Development Control, Regulatory Appeals, Human Resources and Licensing Committees. By law, the committee dealing with liquor licensing must be between 10 and 15 members.

39. The majority group has indicated it wishes to see these functions brought together in a single Regulatory Committee of 15 members, with specialist Vice Chairs to lead on specific functions, as follows:

· Development Control

· Licensing

· Appeals

· Human Resources Issues

40. There is, firstly, a need to determine the number, size and terms of reference for the Committee. Draft terms of reference are set out in Appendix 3 and include the ability for the Committee to establish sub-committees and panels on a standing or ad hoc basis to discharge specific functions.

41. Secondly, there is a need to appoint a Chair and Vice Chairs. Regulatory functions operate to strict timetables and it is necessary to have a functional committee established on 18 May. As details of the new structure (which will include Applications and Appeals Panels) are developed, a report to a future meeting of Full Council will be necessary. It is proposed that Vice Chairs specialising in various areas of regulatory functions will assist with that process. It is suggested that 3 Vice Chairs are appointed to lead on Development Control, Licensing and Human Resources and Miscellaneous matters.

42. Finally, there is a need to allocate seat to political groups and to appoint Members according to nominations from group leaders. Regulatory functions are essentially non party political. A politically mixed committee is essential to ensure public confidence in regulatory systems, but can be without strict adherence to political proportionality, for example where Members have a particular interest or expertise in the issues. It is also good practice to identify named substitutes for the regulatory committees. It is suggested that 5 named substitutes are identified.

43. The initial appointment will be of:

· Conservative 10

· Independent Scrutiny 2

· Lib Dem 2

· Labour 1

With 5 named substitutes:

· Conservative 2

· Independent Scrutiny 1

· Lib Dem 1

· Labour 1

44. It is suggested that the requirement for proportionality is disapplied, and that seats on the Regulatory Committee, and any Sub-Committees or Panels are allocated according to nominations from group leaders to reflect the principles of proportionality insofar as to do so does not inhibit the appointment of Members with particular skills or interest. This can only be agreed if no Member votes against.

RECOMMENDATION

It is recommended that Full Council:

(i) Appoint a Regulatory Committee with terms of reference as set out in Appendix 3;

(ii) Appoint a Chair (who will assume the chair when the Committee deals with Development Control issues), and two Vice Chairs to lead on:

· Licensing

· Human Resources and Miscellaneous

(iii) Disapplies the requirement for proportionality in relation to the Regulatory Committee;

(iv) Delegates the appointment of Members to the Committee to the Chief Executive Officer who will give effect to nominations from group leaders;

(v) Receives a report to a future meeting, further developing the Regulatory decision making structure.

Standards Committee

45. Standards Committee is a central part of the governance arrangements of the Isle of Wight Council and is a legal requirement. The Committee is comprised of a majority of independent members, one of whom is the Chair. These appointments, following an advertising process, will be made at 22 June Full Council. The only issue for Annual Council is to establish the Standards Committee and agree its size and terms of reference. The terms of reference for the Standards Committee are attached as Appendix 2 to this report.

It is recommended that the same size (7 independent members, 2 members of the Isle of Wight Council and one representative of Parish and Town Councils) be maintained and that the same terms of reference are adopted. As let than three Members are appointed to the Standards Committee, proportionality does not apply.

RECOMMENDATION

It is recommended that Full Council establishes a Standards Committee with the same size and terms of reference as for the last Council.

Outside Bodies

46. Although historically a function discharged by Full Council, appointment to outside bodies is now principally a function of the Executive (although appointments do not have to be of Executive members and can be drawn from all Members of the Council).

47. There is one exception to this principle, which is the appointment of a representative to the Hampshire and Isle of Wight Police Authority. This appointment is a complicated process which requires identification of a Member to sit on an appointments committee (which meets only to appoint the Police Authority) and a member to be appointed to the Police Authority. The same individual can take on both roles. Both of these bodies are politically proportionate across the Hampshire and Isle of Wight local authorities and this council has been asked to nominate a Conservative Member.

RECOMMENDATION

It is recommended that Full Council appoints a Conservative member to sit on both the Appointments Committee and the Police Authority.

Pension Fund Investment Panel

48. The Local Government Pension Scheme is a statutory scheme which requires the establishment of a Member panel with terms of reference set out below. It is suggested that appointment of members to the Panel, on a politically proportionate basis, is delegated to the Chief Executive Officer.

Membership

7 elected members

1 non-voting employee representative nominated by Unison

Terms of Reference

· To periodically review the Funding Strategy Statement and Statement of Investment Principles of the Fund

· To determine strategic investment policy

· To appoint and regularly monitor performance of fund managers, investment advisors and actuaries.

RECOMMENDATION

It is recommended:

(i) that the Pension Fund Investment Panel is established with the terms of reference set out in the report

(ii) that a Chair is appointed, and

(iii) that appointment to the panel is delegated to the Chief Executive, to give effect to nominations from group leaders.

(iv) approves the allocation of seats, on a politically proportionate basis, as set out in Appendix 4.

Delegation

49. The Scheme of Delegation is the mechanism by which employees of the Council and Cabinet Members are given delegated authority to take decisions in their own name.

50. The Constitution requires Full Council to determine a Scheme of Delegation at Annual Council. Responsibility for delegations is split between Full Council and the Cabinet. It is suggested that Full Council simply formally renews those parts of the Scheme of Delegation which deal with Full Council functions and asks the Cabinet to do the same at its first meeting.

RECOMMENDATION

It is recommended that Full Council renews that part of the Scheme of Delegation for which it has responsibility, without amendment.

51. If Members believe that the scheme requires more detailed review that can be the subject of future reports. A report dealing with some minor changes to the scheme of delegation is proposed for the June meeting of Full Council.

Further Constitutional Amendments

52. Many Councils apply a time limit to meetings. It is suggested that the constitution be amended to create a presumption that meetings will be adjourned after 3 hours.

RECOMMENDATION

That one of the consequential amendments to the constitution to be brought to a future meeting be to impose a guillotine of 3 hours to all meetings.

Calendar of Full Council Meetings

53. The final item of business is to approve a calendar of meetings.

RECOMMENDATION

It is recommended that the following calendar of meetings is approved:

Wednesday, 22 June 2005

Wednesday, 20 July 2005

Wednesday, 17 August 2005

Wednesday, 14 September 2005

Wednesday, 12 October 2005

Wednesday, 23 November 2005

Wednesday, 21 December 2005

Wednesday, 18 January 2006

Wednesday, 21 February 2006

Wednesday, 15 March 2006

Wednesday, 12 April 2006

Wednesday, 24 May 2006 (Annual Council)

All meetings will start at 6.00 pm and will be held in the Council Chamber.

LEGAL & FINANCIAL IMPLICATIONS

54. The costs associated with the proposals set out in this report are containable within budgets established for the purpose of meeting expenses associated with democratic structures.

BACKGROUND PAPERS

Council Constitution

MIKE FISHER Chief Executive

JOHN LAWSON Head of Legal and Democratic Services

APPENDIX 1

RESULTS OF THE LOCAL ELECTIONS

Electoral Division	Name and Address
Ashey	Mrs Vanessa Claire Churchman The New House, Luccombe Cliff, Luccombe, Isle of Wight PO37 6RY
Bembridge North	Mrs Sarah Anne Pigot Garden House, 5 St Luke's Drive Bembridge, Isle of Wight PO35 5XA
Bembridge South	Mrs Winifred Jeanne McRobert 5 Pelham Close, Bembridge, Isle of Wight PO35 5TS
Binstead	Mr Ivan John Bulwer Lytton House, Fishbourne Lane, Ryde, Isle of Wight PO33 4EX
Brading and St. Helens	Mr Patrick Donald Joyce Acorn House, West Green, St Helens, Isle of Wight PO33 1XA
Brighstone and Calbourne	Mr Colin Norman West Yards Hollow, Limerstone Road, Shorwell, Newport, Isle of Wight PO30 4AA
Carisbrooke East	Mr David Rex Whittaker 6 Redstart Close, Carisbrooke, Newport, Isle of Wight PO30 5SZ
Carisbrooke West	Mrs Barbara Ellen Foster 43 Castle Street, Carisbrooke, Isle of Wight, PO30 1NS
Central Rural	Erica Oulton Blandings, Horringford, Arreton, Isle of Wight, PO30 3AP
Chale, Niton and Whitwell	Mrs Wendy Christine Arnold St Angelo, Kemming Road, Whitwell, Ventnor, Isle of Wight PO38 2QT
Cowes Castle East	Mr Alan Loughnan Wells 101 Park Road, Cowes,Isle of Wight PO31 7NE
Cowes Castle West	Mr John Effemey Romnock, 1 Crossfield Avenue, Cowes, Isle of Wight, PO31 8HB
Cowes Central	Mrs Lora Jane Peacey-Wilcox 149 Newport Road, Cowes, Isle of Wight PO31 7PT
Cowes Medina	Mr George Henry Brown 1 Thornhill Close, Cowes, Isle of Wight PO31 7QU
East Cowes North	Mrs Margaret Eileen Webster 14 Oak Tree Way, East Cowes, Isle of Wight PO32 6PL
East Cowes South	Mrs Muriel Joyce Miller 58 Adelaide Grove, East Cowes, Isle of Wight, PO32 6DD
Fairlee	Mrs Eugenie-Dawn Cousins (commonly known as Dawn) Pitcroft, 54 Avondale Road, Newport, Isle of Wight PO30 1HE
Freshwater Afton	Mrs Gillian Elizabeth Kennett 37 Edinburgh Road, Freshwater, Isle of Wight PO40 9DN
Freshwater Norton	Mr Robert Andrew Sutton (known as Andy) 18 Goldings Way, Freshwater, Isle of Wight PO4O 9NW
Gurnard	Mr John Vere Hobart Dottens Farm, Woodvale Road, Gurnard, Cowes, Isle of Wight PO31 8EA
Lake North	Mrs Deborah Gardiner Wrax House, Wrax Road, Brading, Isle of Wight, PO36 0DD
Lake South	Mr Timothy James Hunter-Henderson (commonly known as Tim Henderson) Ferncliff Apartments, 13 Ferncliff Road, Sandown, Isle of Wight PO36 8LY
Mount Joy	Mrs Shelagh Melanie Kathleen Swan 124 Carisbrooke Road, Newport, Isle of Wight PO30 1DF
Newchurch	Mr Brian Mosdell Sandlin, Newport Road, Lake, Sandown, Isle of Wight PO36 9PJ
Newport North	Mr Julian Ashley Michael David Whittaker 17B Trafalgar Road, Newport, Isle of Wight PO30 1QD
Newport South	Mr Michael John Cunningham Peppercorns, Whitepit Lane, Newport, Isle of Wight, PO30 1ND
Northwood	Mr Roger Graham Mazillius 19 Fieldway Crescent, Northwood, Isle of Wight, PO31 8AT
Osborne	Mr Charles Robert Hancock 7 St Davids Road, East Cowes, Isle of Wight, PO32 6ED
Pan	Mr Geoffery Alan Lumley 30 Fairlee Road, Newport, Isle of Wight PO30 2EJ
Parkhurst	Mr Garry Patrick Price 85 Quarry View, Newport, Isle of Wight PO30 5PJ
Ryde North East	Mr John Richard Adams (commonly known as Henry) 6 Monkton Street, Ryde, Isle of Wight PO33 1JE
Ryde North West	Mr Arthur Albert Taylor 2 Newnham Lane, Binstead, Isle of Wight PO33 4ED
Ryde South East	Mr Charles Brian Chapman 40 Newport Street, Ryde, Isle of Wight PO33 2QB
Ryde South West	Mr Ian Rodney Stephens Lantern Cottage, The Orchard, Pellhurst Road, Ryde, Isle of Wight PO33 3DU
Sandown North	Miss Heather Lamont Humby Pier View, 7 Pier Street, Sandown, Isle of Wight PO36 8JR
Sandown South	Mr Ian David Ward 87 Station Avenue, Sandown, Isle of Wight PO36 8HD
Seaview and Nettlestone	Mrs D M Tuson CC Solent View, 1 Nettlestone Hill, Seaview, Isle of Wight PO34 5DL
Shalfleet and Yarmouth	Mr William Robert Burt Lee Top, Warlands Lane, Shalfleet, Isle of Wight PO30 4NQ
Shanklin Central	Mr David James Drummond Pugh 18 Spring Gardens, Shanklin, Isle of Wight PO37 7AQ
Shanklin North	Mr David Garfield Williams Flat 6, Caernarvon Lodge, 2 Clarence Road, Shanklin, Isle of Wight, PO37 7BH
Shanklin South	Mrs Anne Bishop 5 Highfield Road, Shanklin, Isle of Wight PO37 6PP
St Johns East	Mr David John Knowles Taunton House, 26 Marlborough Road, Ryde, Isle of Wight, PO33 1AB
St Johns West	Mr John Albert Bowker Jabann, 22 Sandcove Rise, Seaview, Isle of Wight, PO34 5AY
Totland	Mr George William Cameron Cambera, Monks Lane, Freshwater, Isle of Wight PO40 9ST
Ventnor East	Mr Jonathan Seaver Fitzgerald-Bond 49 Madeira Road, Ventnor, Isle of Wight PO38 1QY
Ventnor West	Mrs Susan Jane Scoccia Home Farm, Seven Sisters Road, St Lawrence, Isle of Wight PO38 1UY
Wootton	Mr Barry Edwin Abraham Kite Hill Farm, Wootton Bridge, Ryde, Isle of Wight, PO33 4LE
Wroxall and Godshill	Mrs Jillian Elsie Wood Hawthorns, St John’s Road, Wroxall, Isle of Wight PO38 3EL

APPENDIX 2

STANDARDS COMMITTEE – TERMS OF REFERENCE

1. To promote and maintain high standards of conduct by the members and co-opted members of the Isle of Wight Council and the Town and Parish Councils on the Isle of Wight.

2. To assist members and co-opted members of the Councils on the Isle of Wight to observe the relevant Council's code of conduct.

3. Specifically the Committee will:

· Advise the various Councils on the adoption or revision of a code of conduct and monitor the operation of the code of conduct

· Advise, train or arrange to train members and co-opted members of the Councils on matters relating to the code of conduct.

4. To consider any other matters that are referred to the Committee by either:

· The Standards Board (subject to Regulations under Section 66 of the Local Government Act 2000)

· The Isle of Wight Council

· Any of the Parish and Town Councils on the Isle of Wight

5. Subject to any regulations issued by the Secretary of State in accordance with Section 81(5) of the Local Government Act 2000 to consider and determine any requests for dispensations to speak and/or vote on any matters in which the member has an interest.

6. To develop appropriate measures and monitoring systems to ensure Councillors are fulfilling their contract with the electorate (as agreed by the Council at its meeting on 19 April 2000).

7. To ensure that the measures and monitoring systems as set out in 6 above are fully and properly exercised within any prescribed timetable.

8. To enquire of its own instigation into any matter touching or concerning the ethics and standards of the Council.

9. To submit an annual report on the activities over the last year, to the Council.

APPENDIX 3

1. Development Control Functions

To exercise the powers and duties of the Council, within the corporate policies and strategies of the Council, in relation to :

1. Its role as Planning Authority in its development control function.

2. The extraction of minerals, the clearance and reclamation of derelict land, subsequent after use of sites for waste disposal and restoration of site.

2. Licensing Functions

To consider and determine policies, applications and appeals in relation to licensing matters including exercising all the powers and duties of the Council where the relevant Chief Officer does not wish to exercise his delegated authority in relation to the grant, renewal, refusal, appeal, revocation, variation, cancellation or imposition of conditions for any licence which the Council has a power or duty to grant in connection with the following licensing and registration functions or where there are objections to applications for such licenses or registrations or where the suitability of the applicant or premises are in doubt and where the relevant Chief Officer does not wish to exercise his delegated powers. In exercising its powers the Committee shall comply with all relevant policies set by the Council.

(a) Acupuncture, Tattooing, Earpiercing and Electrolysis.

(b) Gaming by means of machines.

(c) Competitions and Amusements (Bingo).

(d) Caravan Site.

(e) Cinemas.

(f) Dangerous Wild Animals.

(g) Breeding of Dogs.

(h) Rag Flock and other Filling Materials.

(i) Gaming.

(j) Game Licenses.

(k) Guard Dogs.

(l) House to House Collections.

(m) Late Night Refreshment Houses.

(n) Lotteries and Amusements.

(o) Pet Shops.

(p) Pleasure boats and boatmen.

(q) Regulation of Street Collections.

(r) Street Trading.

(s) Theatres.

(t) Zoos.

(u) Minibuses.

(v) Animal Boarding Establishments.

(w) Sunday Trading.

(x) Private Place of Entertainment.

(y) Public Entertainments.

(z) Riding Establishments.

(aa) Scrap Metal Dealers.

(bb) Sex Establishments.

(cc) Slaughterhouses and Knackers Yards.

(dd) Nurses Agencies.

(ee) Track Betting.

(ff) Door Staff.

(gg) Poisons, Explosives.

(hh) Pool Promotions.

(ii) Sports Grounds.

(jj) Marriage Premises.

(kk) Performing Animals.

(ll) Dairy and Dairymen.

(mm) Open Air Events under the Isle of Wight Act.

(nn) Hackney Carriages and Private Hire Vehicles.

(oo) Movement of Animals.

(pp) Liquor Licensing functions under the Licensing Act 2004.

3. Regulatory Appeals Functions

To provide a pool of Members, with appropriate experience and training in appeals, from which a Panel of 3 Members would be drawn for specific cases in which a right of appeal against a decision made by or on behalf of the Authority is available or where an opportunity to make representations about a proposed decision is offered. These will include the following quasi-judicial statutory functions :

Awards

School Transport

Curriculum Complaints

Staff Disciplinary, Grievance or Dismissal

Adoption and Fostering

Registration of Homes

Access to Social Services Files

Housing Benefit and Council Tax Appeals

Business Rate Hardship

Rights of Way Orders

Highway Orders

Tree Preservation Orders

4. Human Resources Functions

1. Discharge the functions of appointing staff and to determine the terms and conditions under which they hold office (including procedures for their dismissal) where determination by elected members is required.

2. So far as not prescribed by law to devise and adopt procedures for determining capability and conduct issues in relation to staff.

3. To hear appeals against dismissal by staff not on JNC for Chief Executive and Chief Officers’ conditions of service.

4. To determine issues referred by the Joint Consultative Board.

Note

Under s13 Local Government Act 2000 and the Local Authorities (England)(Functions and Responsibilities Order) 2001 responsibility for the deployment of staff and for the monitoring of the size and deployment of the establishment are the responsibility of the Executive, and particularly within the delegation to the Portfolio Holder for Resources.

APPENDIX 4

PROPORTIONALITY

Proportionality

The law requires, that unless disapplied by the Council, without any member voting against, the following rules apply to the allocation of seats on committees:

i. That not all the seats on a committee are allocated to one political group

ii. That any group with a majority of seats on the council will have a majority of seats on the committee

iii. That the aggregate number of seats allocated to groups on all committees will be in equal proportion to the number of members of each group on the council.

iv. That the number of seats on each committee will be in equal proportion to the number of members of each group on the council.

The principles are in descending order of priority. Where two principles cannot both be satisfied, the lower one will give way. Proportionality does not apply to the Cabinet.

Seats On The Council

Group	Number	%
Conservative	35	72.9
Independent Scrutiny	6	12.5
Liberal Democrat	5	10.4
Labour	2	4.2

Aggregate Seats	Conservative	Ind Scrutiny	Lib Dem	Labour
applying proportionality 61	40	9	9	3
Disapply for Scrutiny and Regulatory Committees 35	26	4	4	1

Size of Committee	Conservative	Ind Scrutiny	Lib Dem	Labour
7	5	1	1	0
11	8	1	1	1
15	11	2	2	1

Application to Committees: Disapply Proportionality From Scrutiny & Regulatory

Committee	Conservative NOMINATE 1	Ind Scrutiny NOMINATE 4	Lib Dem NOMINATE 4	Labour NOMINATE 1
Economy, Tourism, Regeneration & Transport Commission 7 Seats	5
Care Trust Delivery & Health Scrutiny Commission 7 Seats	5
Safer Communities Commission 7 Seats	5
Children & Schools Results Commission 7 Seats	5
Investment Panel 7 Seats	5
Total Proportionate Seats 35	26	4	4	1

Regulatory Substitutes do not count for proportionality – 5 are required

Plus allocation from non proportionate Committees (indicative only – for negotiation with group leaders)

Scrutiny	4	3	3	1
Regulatory	10	2	2	1
Total Group Seats	40	9	9	9

Difference from applying proportionality across none executive functions:

Conservatives – 4

Independent Scrutiny + 1

Liberal Democrat + 3

Labour = 0