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

“19. Select Committee Members

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.

Chief Financial Officer

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;

(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;

(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 £1,000 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;

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.

Planning

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:

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).

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 :

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.

Economic Development

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.

REPORT TO COUNCIL

SUMMARY/PURPOSE

CONDUCT OF THE REVIEW

FURTHER TECHNICAL AMENDMENTS

DEVELOPMENT CONTROL COMMITTEE

MEMBER/OFFICER PROTOCOL

ACCESS TO INFORMATION FOR MEMBERS OF SELECT COMMITTEES

SCHEME OF DELEGATIONS

ETHICAL AUDIT

FURTHER WORK

DECISION MAKING PROTOCOL

CHANGES IN THE LAW/OPERATIONAL NECESSITY

DELEGATED POWERS

STRATEGIC CONTEXT

CONSULTATION

FINANCIAL/BUDGET IMPLICATIONS

RECOMMENDATIONS

Appendix 1

THE SCHEME OF DELEGATIONS

Members’ Roles

Role of Officers

Member Decision Making

Provision of Information

Officer’s Advice

Group Briefings

Complaints and Criticism

Executive and Select Committees

Advice and Guidance

Personal/Family/Financial Relationships