CHAPTER 1 - INTRODUCTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CONSTITUTION OF THE COUNCIL

 

This Constitution sets out how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people.  Some of these processes are required by law, others are a matter for the Council to choose.

 

Hyperlinks between different parts of the Constitution have been included wherever possible to make it easy to navigate around the information. Hyperlinks to other documents/sites have also been included where this will be helpful. All hyperlinks are coloured red like this.  

 

Chapter 1 - Summary and explanation

 

The Local Government Act 2000 requires a council to set out in a constitution how the council operates. The purpose of this Constitution is to provide an efficient and effective framework for:

 

·         How the Council operates

·         How its decisions are made and

·         The procedures and rules which will be followed.

 

The Council

 

The Council is composed of 31 Councillors who are each elected to represent a particular Ward. There are 20 Wards in the Council’s area.  Details of the Wards and the Councillors elected to each Ward can be found here.

 

The election of all Councillors is normally held every four years on the first Thursday in May.  The term of office for Councillors starts on the fourth day after being elected and finishes on the fourth day after the date of the next regular election.

 

Councillors

 

Councillors are democratically accountable to residents of their ward.  Their overriding duty is to the whole community, but they have a special duty to their constituents, including those who did not vote for them.

 

Councillors have to observe a Code of Conduct to ensure high standards in the way they undertake their duties. Councillors also have to register and declare certain interests which are available for public inspection in a Register of Interests.

 

How the Council operates

 

All Councillors meet together as the Council.  Formal meetings of the Council are open to the public except for certain exempt or confidential matters.  Here Councillors decide overarching policies of the Council and set the budget each year. 

 

The Council approves the creation of Committees and makes appointments to them based on nominations by political groups.  The Council also appoints one Councillor to be its Leader.

 

The following principles will guide the Council’s decision-making:

 

·         The rule of law;

·         Reasonableness and proportionality;

·         a presumption in favour of openness;

·         the general principles of the Councillors’ Code of Conduct;

·         due consultation and the taking of professional advice from officers or appropriately qualified consultants;

·         respect for human rights and equality, and considerations of biodiversity, sustainability, and the impact on crime and disorder;

·         consideration of the Council’s Corporate Strategy and Themes; and

·         clarity of aims and desired outcomes.

 

Strategic decisions

 

The Council operates an Executive and Leader governance model by which all executive powers vest in the Leader.  The Leader then makes arrangements for others to also to exercise executive powers. 

 

The Executive is made up of the Leader and between 2 to 9 (inclusive) other Councillors appointed by the Leader.  Political balance requirements do not apply to the Executive.   Normally, when it is anticipated that executive Key Decisions are to be taken, the details will be published in the Executive Forward Plan. 

 

The Executive usually takes the lead in deciding strategic matters.  However there some decisions which are of particular importance or are required by law, which must be made the Full Council.  Such decisions will often be considered by the Executive in advance who will then make recommendations for Full Council to consider.

 

Formal meetings of the Executive are open for the public to attend except where exempt, confidential or private matters are being discussed.  

 

Overview and Scrutiny

 

The Council has one Overview and Scrutiny Committee that supports the Council.  The Overview and Scrutiny Committee plays an important role in reviewing and scrutinising the Council’s policies, budget and service delivery. 

 

The Overview and Scrutiny Committee may also be consulted by Leader/Executive or the Council on upcoming decisions and the development of policy. 

 

The Council operates a ‘call-in’ process in respect of executive decisions that means decisions that have been made, but not yet implemented can be called in for review by the Overview and Scrutiny Committee.  The call in process enables the Overview and Scrutiny Committee to make recommendations to the Leader/Executive about decisions that have been called-in.

 

To reinforce the key role that the Overview and Scrutiny Committee plays in policy development and scrutiny, it meets two weeks after the Executive.  The Overview and Scrutiny Committee has the power to appoint task and finish groups which carry out a specific piece of work and at its conclusion, the task and finish group reports back to the Committee.

 

Other arrangements

 

In addition to the Overview and Scrutiny Committee, the Council has a number of other Committees which make decisions and carry out other activities.  These focus on quasi-judicial matters for which the Council has responsibility, such as planning and licensing. 

 

The Council has also entered into arrangements with other Councils to create joint/shared opportunities for the delivery of some of its functions and activities. Details of these arrangements are set out in the Scheme of Delegation.

 

The Council will look to remove barriers between it, town/parish councils and local communities so that issues are addressed holistically and for there to be appropriate levels of engagement in decisions. 

 

The Council’s Staff

 

The Council has people working directly and indirectly for it (called ‘Officers’) to give advice, implement decisions and manage the day-to-day delivery of its services.  Some Officers have a specific duty to ensure that the Council acts within the law and uses its resources wisely. 

 

The Protocol on Councillor/Officer Relations guides Councillors and Officers of the Council in their relations with one another to ensure the smooth running of the Council. Officers also have to comply with the Code of Conduct for Officers.

 

Under the Council’s Senior Management Structure, the most senior Officer is the Chief Executive, who is also the Council’s Head of Paid Service. Other senior managers lead different parts of the Council's services. Some Officers have specific duties to ensure that the Council operates within the law and uses resources wisely. These are the Monitoring Officer and the Section 151 Officer (Chief Finance Officer).

 

The functions and responsibilities which the Council has given to the senior Officers are listed in the Scheme of Delegation.

 

Rights of members of the public

 

Members of the public have a number of rights in their dealings with the Council.  Some of these are legal rights, whilst others depend on the Council’s own processes. 

 

Members of the public have the right to:

 

·         vote at local elections if they are registered and eligible;

·         contact their local councillor about any matters of concern to them;

·         access a copy of the Constitution;

·         attend formal meetings of the Council and its Committees, Panels and Sub-Committees except where exempt or, confidential matters are being discussed or the meeting is being held in private;

·         find out from the Forward Plan what key decisions are to be discussed by the Executive or decided by the Leader, Executive or Officers, and when;

·         ask questions, make statements, attend as a deputation and submit petitions at meetings of the Executive and the Full Council meetings;

 

·         see publically accessible reports and background papers, and any record of decisions made by the Council, the Executive, Committees and Sub-Committees;

·         complain to the Council about something the Council has done wrong, something that the Council should have done or if the Council has not treated an individual in a professional or civil manner;

·         complain to the Local Government and Social Care Ombudsman if they think the Council has not followed its procedures properly.  However, they should only do this after using the Council’s own complaints process; and

·         inspect the Council’s accounts during the public inspection period and make their views known to the external auditor.

 

Where members of the public use specific Council services they may have additional rights.  These are not covered in this Constitution.

 

 

 

Review of the Constitution

 

The Constitution is to be kept under review by the Monitoring Officer.  Unless any change to the Constitution is one that can be made by the Monitoring Officer under the Scheme of Delegation the Audit and Governance Committee will normally consider any proposed change before it is considered by Full Council.

 

 

 

 

 

CHAPTER 2 - RESPONSIBILITY FOR FUNCTIONS AND SCHEME OF DELEGATION

 

 

 

 

 

 

 

 

 

 

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RESPONSIBILITY FOR FUNCTIONS AND SCHEME OF DELEGATION

 

RESPONSIBILITY FOR FUNCTIONS AND SCHEME OF DELEGATION

 

 

 

1.         General

 

The details of the bodies and individuals who are responsible for the carrying out the Council’s functions are set out in the following tables:

 

Table 1: Decision-making bodies of the Council

Table 2: Local Choice Functions 

Table 3A: Responsibility for Council Functions – decision-making bodies

Table 3B: Responsibility for Council Functions – governance boards and advisory panels

Table 4: The Leader of Council’s Scheme of Delegation

Table 5: Functions Delegated to Officers

Table 6: Conditions on Delegated Powers

 

2.         The Leader of the Council’s Scheme of Delegation

 

The tables include the Leader of the Council’s scheme of delegation of executive functions.  Nothing in the Scheme of Delegation limits the authority of the Leader of the Council to exercise any of the Council’s executive functions, or affects the validity of any specific delegation of authority, which the Leader of the Council may confer by way of a specific Executive Leader decision.

 

3.         Proper Officer functions

 

3.1       Many legislative provisions require the appointment of a "Proper Officer" to undertake formal responsibilities on behalf of the Council. The Head of Paid Service is the Proper Officer of the Council for the purposes of the Local Government Act 1972, the Local Government Act 2000 and for all other statutory purposes unless:

 

(a)       Council has designated another officer; or

 

(b)       the Head of Paid Service appoints another officer of the Council to be the Proper Officer for a specific service area or function.

 

3.2       The Monitoring Officer maintains the Proper Officer Register, which records all Proper Officer appointments, as set out in Table 7

 

Table 1: Decision-making bodies of the Council

 

The following table defines the membership of the various decision-making bodies used in Table 2 and Table 3.

 

Ref	Decision-making body	Membership
1.1	Council	31 Councillors
1.2.	The Executive	Up to 10 Councillors including the Leader of the Council.
1.3	The Overview and Scrutiny Committee	13 Councillors
1.4	Audit and Governance Committee	7 Councillors.   The Chairman cannot be the chairman or vice-chairman of another committee or a member of the Executive.
1.4.1	Audit and Governance (Hearings) Sub-Committee	3 Councillors from the membership of the Audit and Governance Committee.   No Councillor who has been consulted about the Monitoring Officer’s assessment of a complaint as part of the Assessment Panel may be a member of the Sub-Committee hearing the outcome of the investigation into the same complaint.
1.5.	Council Tax Setting Committee	4 Councillors.
1.6.	Development Management Committee	12 Councillors.   The Chairman and Vice-Chairman cannot be members of the Executive.    Neither the Leader of the Council nor the member of the Executive with responsibility for planning can be members of the Committee.   A new member appointed to Development Management Committee must not take part in or vote on any decision made by Development Management Committee until they have attended at least one training session on planning related topics
1.7.	Licensing Committee	12 Councillors.    A new member appointed to the Licensing Committee must not take part in or vote on any decision made by Licensing Committee until they have attended at least one training session on Licensing related topics.
1.7.1	Licensing Sub-Committee	3 Councillors from the membership of the Licensing Committee
1.8	PATROL Joint Committee	1 Councillor from each member authority

 

The Council also has the following governance boards/panels:

Ref	Governance boards/Advisory Panels	Membership/Council representation
1.9	Devon Building Control Partnership	2 Councillors from each member authority
1.10	Joint Local Plan Partnership Board	2 Councillors from each member authority
1.11	Rate Relief Panel	Leader of Council Deputy Leader of Council Lead Executive Member for Communities
1.12	Salcombe Harbour Board	4 Councillors and 4 co-opted members
1.13	Slapton Line Steering Group	2 Councillors
1.14	South Devon AONB Partnership	2 Councillors
1.15	Tamar Valley AONB Partnership	1 Councillor
1.16	Waste Partnership Board	Lead Executive Member for Environment and 2 Councillors

 

 

Table 2: Local Choice functions

 

Ref	Function	Decision-making body	Delegation of functions
2.1	Any function under a local Act other than a function specified or referred to in Regulation 2 or Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000	The Executive	See Tables 4, 5 and 6
2.2	The conduct of Best Value Reviews in accordance with the provisions of any order for the time being having effect under Section 5 (best value reviews) of the Local Government Act 1999	The Executive	See Tables 4, 5 and 6
2.3	Any function relating to contaminated land:   (i)         approval of contaminated land strategy	The Executive	See Tables 4, 5 and 6
2.4	(ii)     preparation of draft contaminated land strategy	The Executive	See Tables 4, 5 and 6
2.5	(iii)    all other functions relating to contaminated land	The Executive	See Tables 4, 5 and 6
2.6	The discharge of any function relating to the control of pollution or the management of air quality	The Executive	See Tables 4, 5 and 6
2.7	The service of an abatement notice in respect of a statutory nuisance	The Executive	See Tables 4, 5 and 6
2.8	The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the Council’s area	The Executive	See Tables 4, 5 and 6
2.9	The inspection of the authority’s area to detect any statutory nuisance	The Executive	See Tables 4, 5 and 6
2.10	The investigation of any complaint as to the existence of a statutory nuisance	The Executive	See Tables 4, 5 and 6
2.11	The obtaining of particulars of a person’s interest in land under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976:   (i)         in so far as the information is required in connection with a function of the Development Management Committee	The Development Management Committee	See Tables 5 and 6
2.12	(ii)     in so far as the information is required in connection with a function of the Licensing Committee	The Licensing Committee	See Tables 5 and 6
2.14	(iii)    in so far as the information is required in connection with a function of the Executive	The Executive	See Tables 4, 5 and 6

 

 

 

Table 3A: Responsibility for Council Functions – decision-making bodies

 

Ref	Decision-making body	Function	Delegation of function
3.1	Full Council	Approving and adopting the following which together comprise the Policy Framework: Corporate Strategy; Capital Strategy; Asset Management Plan; Regeneration and Investment Strategy; Risk Management Policy Statement and Strategy; Treasury Management Strategy; Housing and Homelessness Strategy Climate Change and Biodiversity Strategy Licensing and Gambling Policy Statements Plans and strategies comprising the Development Plan	See Tables 5 and 6
3.2		Approving the Budget including the allocation of financial resources to different services and projects; the Medium Term Financial Plan/Strategy; proposed contingency funds; setting the Council Tax; and decisions relating to the control of the Council’s borrowing requirements, the control of its capital expenditure and the setting of virement limits.	See Tables 5 and 6
3.3		Making Neighbourhood Plans and Neighbourhood Development Orders	See Tables 5 and 6
3.4		Elections and Electoral Registration   The exercise of powers relating to elections as set out in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (“the Functions Regulations”)	See Tables 5 and 6
3.5		Community Governance   The exercise of powers relating to community governance as set out in Schedule 1 to the Functions Regulations	See Tables 5 and 6
3.6		Byelaws   The exercise of powers relating to byelaws as set out in Schedule 1 to the Functions Regulations
3.7		Health and Safety   Functions relating to Health and Safety under any “relevant statutory provisions” within the meaning of Part 1 of the Health and Safety at Work Act 1974, to the extent that those functions are discharged otherwise than in the Council’s capacity as employer.	See Tables 5 and 6
3.8	Audit and Governance Committee	Functions relating to audit, the regulatory financial framework and accounting policies	See Tables 5 and 6
		The promotion and maintenance of high standards and conduct within the Council and within the Town and Parish Councils in the Council’s area   To advise the Council on the adoption or revision of its Code of Conduct for Members.	See Tables 5 and 6
3.9	Audit and Governance (Hearings) Sub-Committee	To decide any complaints of a breach of The Councillors’ Code of Conduct and or breaches of the relevant Town or Parish Council Code of Conduct.	See Tables 5 and 6
3.10	Council Tax Setting Committee	To set the Council Tax for the District, having taken into account the precepts provided to them by Devon County Council, Devon and Cornwall Police Authority, Devon and Somerset Fire and Rescue Service and the Local Town and Parish Councils.
3.11	Development Management Committee	Planning and Conservation   Functions relating to town and country planning, conservation and listed buildings and development control as specified in Schedule 1 to the Functions Regulations	See Tables 5 and 6
3.12		Trees and Hedgerows   The exercise of powers relating to the preservation of trees and protection of important hedgerows as set out in Schedule 1 to the Functions Regulations	See Tables 5 and 6
3.13		Brownfield Register (and other Registers)   To undertake the functions of the Council under Part 2 of the Planning and Compulsory Purchase Act 2004 (local development), Section 14A (Register of Land), including preparation of a Brownfield Land Register as required by The Town and Country Planning (Brownfield Land Register) Regulations 2017	See Tables 5 and 6
3.14		Rights of Way   The exercise of powers relating to public rights of way as set out in Schedule 1 to the Functions Regulations	See Tables 5 and 6
3.15	Licensing Committee	Licensing Act 2003   To discharge the functions of the Council as Licensing Authority under the Licensing Act 2003 with the exception of the Statement of Licensing Policy which is reserved to Council	See Tables 5 and 6
3.16		Taxi, gaming, entertainment, food and miscellaneous licensing   Functions relating to licensing and registration as set out in Schedule 1 to the Functions Regulations	See Tables 5 and 6
3.17	Licensing Sub-Committee	To:   determine applications for licences where representations have been received and not withdrawn, and applications for the review of licences, covered by the Licensing Act 2003 and the Gambling Act 2005.   consider and determine matters relating to all licences, consents, registrations and certificates that fall within the terms of reference of the Licensing Committee and appeals against decisions delegated to officers in respect of such matters.	See Tables 5 and 6
3.18	Overview and Scrutiny Committee	To carry out the overview and scrutiny functions under the Local Government Act 2000.
3.19	PATROL Joint Committee	To provide independent adjudication under the Traffic Management Act 2004 in respect of off-street parking

 

 

 

 

Table 3B: Responsibility for Council Functions – governance boards and advisory panels

 

Ref	Governance board/advisory panel	Function
3.20	Devon Building Control Partnership	To oversee the delivery of building control services, value for money and performance of the Partnership and the Host Council
3.21	Joint Local Plan Partnership Board	To make recommendations to the partnership authorities to ensure that they maintain a clear programme for preparation, monitoring and review of the Joint Local Plan and associated Supplementary Planning Guidance through annual updates of the Local Development Scheme and other matters as set out in Plymouth and South West Devon Joint Local Plan – Delivery and Governance dated March 2019
3.22	Rate Relief Panel	To be consulted by the Section 151 Officer on applications under the Locally Administered Business Rate Relief Policy.
3.23	Salcombe Harbour Board	To advise the Executive on matters relating to the discharge of the Council’s functions as harbour authority for Salcombe Harbour and for improving, maintaining and managing the Salcombe-Kingsbridge Estuary
3.24	Slapton Line Steering Group	·          To oversee the delivery of the Adaptation Plan ·          To ensure the obligations of the DEFRA contract are met ·          To ensure that effective and up-to-date contingency plans are maintained for responding to erosion events; ·          To commission or acquire any necessary expertise, research and studies to inform decision making; ·          To ensure that community interests are engaged in the process.
3.25	South Devon AONB Partnership	To prepare, implement, monitor and review the South Devon AONB Management Plan on behalf of the Local Authorities responsible for the AONB
3.26	Tamar Valley AONB Partnership	To prepare, implement, monitor and review the Tamar Valley AONB Management Plan on behalf of the Local Authorities responsible for the AONB
3.27	Waste Partnership Board	To consider the Contractor’s annual Service Delivery Report and Plan and the Contractor’s statement and/or decisions in respect of operating profits and costs pressures; commodity values as regards dry recyclables; pensions; and performance.

 

 

Table 4: The Leader of the Council’s Scheme of Delegation

 

Ref	Decision-making body	Function	Delegation
4.1.	The Leader of the Council	The Leader will act as the chair of Executive meetings and may act on behalf of, or instead of, any other members of the Executive.
4.2		To appoint the Deputy Leader
4.3		The creation of portfolios of related functions and the delegation to members of the Executive to portfolios.
4.4	The Executive	All functions of the Council that are not the responsibility of any other part of the Council as defined in this Constitution.  Without prejudice to which, the Executive shall be responsible specifically for:	See Tables 5 and 6                                               Policies within the policy framework are excluded.
4.4.1		Key decisions Decisions that would:   (a) result in the Council spending or saving or raising/reducing annual income by more than £50,000 or more than £100,000 for capital spending or saving; or   (b) have a significant impact on communities living or working in two or more wards.
4.4.2		Policy decisions and strategy Making recommendations on the policy framework and budget to Council; Appointing representatives to outside organisations whose work relates to executive functions including appointment to local authority companies;   Agreeing policies and strategies that will have a significant impact on two or more Wards.
4.4.3		Finance and contract decisions Making recommendations to Council on:   the budget; any changes to the net revenue budget; the Treasury Management Strategy; the Prudential and Treasury indicators; the medium term financial strategy; transfers between revenue cost centres; the Corporate Asset Management Plan;  and the Capital Programme.   Setting the Council Tax base.
4.4.4		Property (including land) decisions Approving the acquisition/disposal of land and property according with any acquisition/disposal strategy of the Council.   Making compulsory purchase orders.
4.4.5		Salcombe Harbour To exercise all functions of the Council as a harbour authority that relate to any matter concerning issues of administration, harbour operations and/or the management of Salcombe Harbour and associated harbour land.   To be the Duty Holder for the purposes of the Port Marine Safety Code   NOTE: In exercising these functions the Executive will be advised by the Salcombe Harbour Board.
4.4.6		Decisions about services Strategic decisions relating to the provision of services if this will have a significant impact on two or more wards;   Designating conservation areas;   Setting up external partnerships, shared service arrangements local authority companies and transfer services to third parties;
4.5.	Portfolio Holders	Such functions as are related to the Portfolio but only those that the Leader to the Council agrees in writing	The Leader to the Council is not obliged to delegate functions to Portfolio Holders.  Portfolio Holders will still be the lead councillor for the functions within their portfolio.

 

 

Table 5: Functions delegated to Officers

 

Ref	Functions	Conditions
PART A – General delegations
All Officers
5.1.	To act as a witness:   (a) on behalf of the Council in any proceedings in which the Council is directly involved; and/or   (b) where so directed by a court, tribunal, hearing or other inquiry with power so to do; and/or   (c) in any other circumstance with the prior written approval of the Monitoring Officer	See Table 6
5.2.	To undertake all action relevant to that Officer that is required by or identified in Financial Procedure Rules and/or Contract Procedural Rules as applicable to that Officer.	See Table 6
The Head of Paid Service and all Directors (individually a Chief Officer” and collectively “Chief Officers” where the context requires)
5.3.	To manage and promote the services for which they are responsible and to enter into arrangements, or do anything else which is considered necessary or expedient in the management of the services and functions for which they are responsible including the acquisition of goods, works and services within budgets and policies approved by the Council and in compliance with the provisions of this Constitution.	See Table 6
5.4	To appoint staff (including temporary and agency staff) and in consultation with the Head of Human Resources, to determine the terms and conditions of employment of staff subject to the same being within the Council’s General Fund Budget and consistent with Council Policy but not any employment matter reserved to full Council	See Table 6
5.5	To manage disciplinary matters.	See Table 6
5.6	In consultation with the Head of Human Resources to declare an employee redundant and to determine applications for ill-health retirement subject to Council Policy and the Officer Employment Procedure Rules	See Table 6
5.7	To vire within revenue budget blocks and between capital schemes within approved limits.	See Table 6
5.8	To sign statutory notices and advertisements; and to apply for planning permission and building regulations approval in respect of the Council’s land and buildings.	See Table 6
5.9	To exercise on behalf of the Council any right to enter on land conferred by statute in relation to matters within his/her jurisdiction for the purposes of the exercise of the Council's functions with regard to such matters.	See Table 6
5.10	To authorise the write-offs of stocks and stores deficiencies in accordance with the Financial Rules and Scheme of Financial Delegation.	See Table 6
5.11	To deal with the media in accordance with Council Policy .	See Table 6
5.12	To submit responses to consultation papers	See Table 6
5.13	To make ex gratia payments up to £10,000 to resolve justifiable complaints.	See Table 6
5.14	To incur reasonable expenses by way of hospitality.	See Table 6
5.15	To authorise the allocation of external funding awarded to the Council and entry in to the associated financial and legal agreements in consultation with the relevant portfolio holder and Leader of the Council	See Table 6
	In relation to Enforcement
5.16	Notwithstanding any specific powers detailed elsewhere to authorise or take any action and operate all legislative and administrative procedures including the authorising of any action, signing any documents, the service, issue or publication of any notice, order or other document in accordance with any of the Acts or Statutory Instruments set out in Appendix A to this Scheme insofar as each is relevant to the exercise of their functional area	See Table 6
5.17	To authorise officers to exercise rights of entry to land and premises	See Table 6
5.18	Each Chief Officer shall have the responsibility for those powers from the delegations listed below which relate to their functional areas
	Assets
5.19	To manage the Council’s property and engineering assets. To undertake the Council’s asset management functions.	See Table 6
	Building Control
5.20	To exercise any power conferred on the Council under any of the acts or statutory instruments in Appendix A to the scheme of delegation in so far as each is relevant to the Council’s Building Control function.	See Table 6
5.21	To act as the Council’s Appointing Officer in respect of the Party Wall Act and to resolve disputes arising under that Act	See Table 6
5.22	To act as a building authority.	See Table 6
5.23	To fix, vary, recover and advertise charges	See Table 6
5.24	To authorise and serve building control enforcement notices irrespective of whether authorised work and work carried out in contravention of building regulations and other building control related legislation and to authorise officers to exercise rights of entry to land and premises.	See Table 6
	Business Development
5.25	Generally to take action and operate all legislative and administrative procedures in pursuit of economic and industrial development of the district. Specifically, but not exclusively,:   (a)  to enter into leases and licences and assignments thereof in respect of the Council’s commercial land and premises.   (b)  to authorise expenditure on economic development initiatives in consultation with the portfolio holder	See Table 6
	Car Parking
5.26	To operate and manage off street car parks including the authorisation of/or taking of enforcement action where appropriate	See Table 6
	Conservation of Historic Buildings
5.27	To administer and operate any Historic Building Grant Scheme	See Table 6
5.28	To:   (a)  issue Urgent Works Notices in relation to Listed Buildings and properties in conservation areas   (b) issue Repairs Notices in relation to Listed Buildings and properties in conservation areas   (c) in cases of urgency in consultation with the Chairman of the Development Management Committee (unless such consultation would have a detrimental effect on this power) to: (i) authorise an application for an injunction (ii) authorise the commencement of any legal proceedings,   such actions to be notified to the next scheduled meeting of the Development Management Committee,	See Table 6
	Food Safety Services, Health Services and Environmental Services
5.29	Generally to take action, to operate all legislative and administrative procedures including, but not limited to authorising any action, signing any documents, the service, issue or publication of any notice, order or other document in accordance with any of the Acts or Statutory Instrument set out in Appendix A to this Scheme, (including the power to appoint or revoke the appointment of authorised officers) if and in so far as each is relevant to the Council’s environment functions.	See Table 6
5.30	Generally to take action and operate all legislative and administrative procedures in relating to the licensing and regulation of premises and activities. To issue licences and certificates or effect registration under powers conferred by any of the Acts or Statutory Instruments listed in Appendix A to this scheme of delegation and to make representations in respect of applications.	See Table 6
5.31	To act as inspector and to appoint others to act as inspectors (including the termination of appointment of those inspectors) in accordance with any powers contained in any of the Acts of or Statutory Instruments listed in Appendix A to this scheme of delegation in relation to the Council’s food safety, environmental and health functions.	See Table 6
	Housing Functions
5.32	To allocate tenancies, set rents, approve disturbance payments, adaptations and alterations and consent to transfers and mutual exchanges and to authorise or take any action and operate all legislative and administrative procedures including the authorising of any action, signing any documents, the service, issue or publication of any notice, order or other document and the determination of grants in accordance with any of the Acts or Statutory Instruments set out in Appendix A to this Scheme insofar as each is relevant to the exercise of the Council’s housing function.	See Table 6
5.33	To certify Housing Corporation and Registered Social Landlords.	See Table 6
5.34	To administer and manage the Council’s homelessness functions and the Housing Register.
	Land Charges
5.35	To act as the Registrar of Local Land Charges	See Table 6
	Land Drainage
5.36	To undertake and exercise the Council’s land drainage functions, including the repair, maintenance and cleansing of Watercourses and culverts and the approval to culvert.	See Table 6
	Land Ownership
5.37	To approve terms for any lease or letting of land or property where the rent payable is not less than the open market rent for that property.	See Table 6
5.38	To authorise the renewal and termination of commercial leases protected by Part 2 of the Landlord and Tenant Act 1954	See Table 6
5.39	To authorise the commencement and settlement of rent reviews in line with the provisions of existing leases to which the Council is a party	See Table 6
5.40	To authorise licences to assign for any lease, grant any wayleave or easement, or to agree any change (including revocation) of any freehold or leasehold covenant where it is in the Councils interest to do so.	See Table 6
5.41	To authorise the freehold acquisition or disposal of any land	See Table 6
5.42	To authorise the appropriation of land to any purpose provided that any statutory consultation has been complied with and in the absence of any representations.	See Table 6
	Markets and Fairs
5.43	To operate and manage the Council’s markets including:   (a). The granting of pitch licences;   (b). The management and organisation of the markets and their activities;   (c) Updating market regulations and codes of conduct in consultation with the relevant Portfolio Holder; and   (d) the authorisation of or the taking of enforcement action where appropriate.	See Table 6
5.44	To operate and manage fairs including the authorisation of or taking of enforcement action where appropriate.	See Table 6
	Harbour
5.45	The operation and administration of the Council’s powers and duties as Harbour Authority including the authorisation and/or taking of enforcement action where appropriate.	See Table 6
5.46	To operate the Port Marine Safety Code.	See Table 6
	Transport
5.47	To maintain the Council’s fleet of vehicles, including lease cars, in accordance with the Construction and Use Regulations 1986;	See Table 6
5.48	To dispose of all used assets with regards to transport, plant and equipment owned by the Council	See Table 6
All Heads of Service
5.49	Operational decisions.  To take all steps necessary to deliver the services for which they are responsible.	See Table 6
5.50	People Management. To manage and deal with all people, welfare, inclusivity and training issues below Director level within their service area .	See Table 6
PART B – Additional delegations to specific officers
Chief Executive
5.51	To act as Head of Paid Service under and for the purposes of section 4 of the Local Government and Housing Act 1989.
5.52	To determine the terms and conditions of service of the Deputy Chief Executive, and Chief Officers.	See Table 6
5.53	To undertake the functions of the Council in relation to elections.
5.54	To be the Electoral Registration Officer and to appoint Deputy Electoral Registration Officers.
5.55	To be the Returning Officer and to appoint Deputy Returning Officers for elections to the District Council and Parish Councils within the District.
5.56	To have delegated authority to affect immediate changes to membership of committees at the request of political groups within the allocations set at Council, such changes to be reported to Council at its next meeting for ratification.	See Table 6
5.57	In cases of urgency and/or emergency to have a general power, after consultation with the Leader of the Council and/or the member holding the appropriate Executive portfolio or the Chairman of the relevant committee as the case may be, to deal with any matter not delegated to any other officer by statute or other legislation on which the Chief Executive considers to require a decision before the next meeting of the appropriate body within the Council.
Section 151 Officer
5.58	To act as Chief Financial Officer under section 114 of the Local Government Finance Act 1988 and section 151 of the Local Government Act 1972.
5.59	To be responsible for, and do anything required for the proper administration of the financial affairs of the Council
5.60	To invest the funds of the Council in line with the approved Treasury Management Strategy.	See Table 6
5.61	To make arrangements for the internal audit of the Council.	See Table 6
5.62	To write down debts in cases of bankruptcy/liquidation and to write off debts that are irrecoverable or uneconomic to recover up to the figures contained in the Financial Procedure Rules in consultation with the Finance Portfolio Holder	See Table 6
5.63	To attend Valuation Tribunal hearings or to nominate an appropriate officer to present the Council’s case.	See Table 6
5.64	To approve fees and charges unless part of the annual budget setting in consultation with the appropriate Director and Portfolio Holder	See Table 6
	In relation to Non-Domestic Rates
5.65	To determine claims for relief	See Table 6
	In relation to the billing, collection, recovery of the other income
5.66	To action changes of interest rates on housing advances.	See Table 6
5.67	To authorise Government returns and subsidy claims.	See Table 6
Director of Customer Service and Delivery
5.68	As Deputy Chief Executive, in the absence of the Chief Executive, to exercise all of the powers of the Chief Executive including as Head of Paid Service.	See Table 6
5.69	To be the Council’s Senior Information Risk Officer.	See Table 6
	In relation to Council Tax, Non-Domestic Rates, Community Charge, Housing Advances, Benefit Overpayment, Sundry Debtors and Miscellaneous Income, Housing and Council Tax Benefit
5.70	To collect and recover Council Tax including determining the liability for the tax, benefits and discounts available. To enter into agreements regarding payment, to make any necessary adjustments to charges, to impose penalties, to request information and institute legal proceedings in the case of non-disclosure of information.	See Table 6
5.71	To administer the Housing Benefit and Council Tax Benefit scheme on behalf of the Council and to determine whether benefit payments should be made to a landlord	See Table 6
5.72	To determine and administer applications under the Discretionary Housing Payment Scheme.	See Table 6
5.73	To authorise the prosecution for fraudulent claims for Housing and Council Tax Benefit and issue formal cautions and administrative penalties.	See Table 6
5.74	To appoint and authorised officers with powers to enter on to land and premises to secure the payment of sums due to the Council	See Table 6
5.75	To recover debts due to the Council by civil action	See Table 6
5.76	To institute, appear or authorise appropriate officers to appear on behalf of the Council in civil or criminal proceedings	See Table 6
5.77	To appoint Bailiffs or refer debts to bailiff or debt collection agencies.	See Table 6
5.78	To determine whether benefit overpayments are recoverable.	See Table 6
5.79	To authorise Government returns and subsidy claims.	See Table 6
5.80	To enter into joint working arrangements with external agencies.	See Table 6
5.81	To institute possession proceedings in the County Court for the recovery of housing advance arrears.	See Table 6
5.82	To appoint debt recovery agents	See Table 6
	In relation to the administration of Housing and Council Tax Benefits
5.83	To determine claims, conduct reviews, administer discretionary housing payments, review decisions, issue formal cautions in administrative, initiate prosecutions and respond to appeals.	See Table 6
5.84	To appear at Appeal Tribunal Hearings, to serve any relevant notices.	See Table 6
5.85	To issue requests for rent or such determination and re-determinations.	See Table 6
5.86	To appoint authorised officers with powers to enter business premises, make enquiries and interview persons.	See Table 6
5.87	To determine whether benefit overpayments are recoverable and, if so, from whom.	See Table 6
5.88	To determine if benefit payments should be made to landlords	See Table 6
5.89	To agree Service Level Agreements with benefit agency, rent officer and other external agencies.	See Table 6
5.90	To appoint and train officers to verify documents comply with the document verification framework and to represent the Council at liaison meetings and to enter into joint working arrangements with the benefit agency.	See Table 6
5.91	To make any financial transaction including the borrowing and lending of money in line with the member approved Treasury Management Strategy	See Table 6
5.92	To determine applications by staff for car loans under the Assisted Car Purchase Scheme.	See Table 6
5.93	To effect adequate insurance cover for the Council.	See Table 6
5.94	To authorise payments to employees for loss or damage to personal property up to a maximum of £500 for any one claim	See Table 6
Director of Place and Enterprise
5.95	To undertake all action relating to:   (a) the acquisition or disposal of any land or building; and/or   (b) any grant and/or termination of any lease or licence for any land or building;   (c) any other transaction associated with any land or building	In all cases;   (a) the sum of money associated with any such acquisition, disposal or other transaction (including termination) does not exceed £300,000; and   (b)) all costs associated with any such transaction can be met from within a budget available for such purposes.
5.96	To undertake all action in relation to any function of the Council concerning neighbourhood planning (including all functions relating to the making and approval of any neighbourhood development plan, neighbourhood development order and/or community right to build order) whether under any Town and Country Planning Legislation or otherwise including power to:   (a) make a final decision on whether to designate a neighbourhood plan area and/or make such an area a business area;   (b) decide whether to submit any matter to independent examination; and/or   (c) decide whether to appoint and the appointment of any examiner,   but excluding:   (i) a final decision on whether to designate a neighbourhood plan area unless in the Director of Place and Enterprise’s opinion:   (A) there is insufficient time to have the matter considered by the relevant committee as part of the normal committee cycle;   (B) the Council is legally obliged to approve the designation; and/or   (C) there has been no objection to the proposal submitted to the Council within any relevant time for the submission of representations which has not been withdrawn;   (ii) the final decision on whether to submit any document to a referendum;   (iii) the final decision on whether to make a neighbourhood development order /community right to build order and the terms of any planning permission granted pursuant to a neighbourhood development order /community right to build order; and   (iv) the final decision on whether to make a neighbourhood development plan.	See Table 6   Any costs associated with the appointment of an examiner can be met from an existing relevant budget and/or the prior approval of the Section 151 Officer is obtained
Director of Strategy and Governance
5.97	To be the Council’s Data Protection Officer under and for the purposes of the Data Protection Act 2018	See Table 6
5.98	To maintain the Council’s Data Protection registration and act as Data Protection Officer.	See Table 6
5.99	To respond to requests for information and apply any necessary exemptions with respect to the Data Protection Act, 2018, Freedom of Information Act 2000, Environmental Information Regulations 2005 and the reuse of Public Sector Information Regulations 2005, and to maintain any relevant registers, registrations or records	See Table 6
5.100	To determine the content and be responsible for any publication scheme (including determining any charges) under freedom of information and/or data protection legislation.	See Table 6
Head of Environmental Heath
5.101	To undertake all action in connection with any application (including any application to grant, review, transfer, vary remove, cancel or renew), notice and any other matter (including any actual or potential enforcement issue) arising in respect of the Licensing Act 2003 including power to decide whether a representation is a “ relevant representation” for the purposes of the Act, but excluding any matter whether by virtue of section 10 Licensing Act 2003 or otherwise that cannot be discharged by an Officer	See Table 6
5.102	To undertake all action in connection with the submission of any scheme, details and/or other matter pursuant to any licence, notice, permission, consent, approval or other determination issued by or on behalf of the Council pursuant to the Licensing Act 2003 or the Gambling Act 2005.	See Table 6
5.103	To prepare and issue reports on behalf on the Licensing Committee where a matter relates to a licensing function under the Licensing Act 2003 or the Gambling Act 2005 and is necessary to facilitate the exercise of another function of the Council.	See Table 6
5.104.	To undertake all action in connection with any application (including any application to grant, transfer, vary remove, cancel or renew), notice and any other matter (including any actual or potential enforcement issue) arising in respect of the Gambling Act 2005 including power to decide whether a representation is a “ relevant representation” for the purposes of the Act, but excluding any matter whether by virtue of section 154 Gambling Act 2005, section 10 Licensing Act 2003 (as it applies to the Gambling Act) or otherwise that cannot be discharged by an Officer	See Table 6
5.105	To issue licences, permits, approvals, consents, notices and registrations (with conditions where appropriate) and refuse, suspend, amend, revoke or transfer the same (unless statutory provisions prohibit such delegation) in respect of the Council’s public health, public safety, housing and environmental functions not otherwise delegated to other officers but including the following functions:   (a)  Hackney carriages and private hire – vehicles, drivers and operators.   (b)  Lotteries.   (c)  Sex Establishments and sexual entertainment venues.   (d)  Street Trading.   (e)  Charitable Street Collections.   (f)   House to house collections.   (g)  Skin Piercing, tattooing, acupuncture and electrolysis.   (h)  Animals - Establishments and Control.   (i)   Scrap Metal Dealers.   (j)   Sunday Trading.   (k)  Houses in multiple occupation.   (l)   Caravan sites	See Table 6
5.106	To suspend or revoke a Hackney Carriage/Private Hire Drivers Licence with immediate effect in the interests of public safety	The Chairman and Vice-Chairman of the Licensing Committee are to be consulted.   See Table 6
Head of Legal Services
5.107	To act as Monitoring Officer under and for the purposes of section 5 of the Local Government and Housing Act 1989.
5.108	To make changes to the Constitution to give effect to decisions of the Council, to secure compliance with the law and to correct or improve layout, spelling or grammar including, but not exclusively changes to ensure individual names, positions and job titles are updated to reflect changes in the composition of the Executive, Committees, and Officers.	All changes, including minor changes, are logged and a version history and change-log is maintained.
5.109	To sign and serve any notice, order or document or act as proper officer under section 234 of the Local Government Act 1972 where no other officer is currently appointed, and any notice in respect of any land owned by or in the process of being acquired by the Council.	See Table 6
5.110	To authorise or take any action and operate all legislative and administrative procedures including the authorising of any action, signing any documents, the service, issue or publication of any notice, order or other document in accordance with any of the Acts or Statutory Instruments set out in Appendix A to this Scheme.	See Table 6
5.111	To authorise the institution, defence or withdrawal or settlement of any claims or legal proceedings, civil or criminal in relation to any function of the Council or to protect any interest of the Council.	See Table 6
5.112	To prosecute or defend or appear in any legal proceedings and authorise any officer so to do.	See Table 6
5.113	To grant postponement of charges and the release of protective registrations in relation to financial charges on land in favour of the Council.	See Table 6
5.114	To:   (a) dismiss any councillor conduct complaint that is trivial or concerns conduct that would not be a breach of the relevant council’s code of conduct; and/or   (b) decide after consultation with an independent person whether a complaint should be referred for investigation or on some other action.   (c) refer any complaint concerning a failure to disclose a disclosable pecuniary interest to the police without further reference.	See Table 6
Head of Planning
5.115.	To exercise all powers or duties conferred or imposed upon the Council, under any enactment as Local Planning Authority including those functions relating to town and country planning and development control as set out in Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, excluding applications for: Planning Permission (including applications for outline or full planning permission; made under section 73 or section 73A of the Town and Country Planning Act 1990; permission in principle and/or technical detail consent; reserved matters approval etc) Listed Building Consents; Advertisement Consents; TPO final confirmations (excluding emergency TPOs); and Works to TPO trees, which:   (a) relate to the Council’s own land; or   (b)  include proposals under which the Council may acquire an interest in or over all or any part of the land or buildings proposed to be developed; or   (c) the applicant or agent is a Councillor (or their immediate family) or an Officer (or their immediate family); or   (d) relate to land owned by a Councillor (or their immediate family) or an Officer (or their immediate family) or in which a Councillor (or their immediate family) or an Officer (or their immediate family) has a legal interest in the land registered at HM Land Registry; or   (e) the Head of Planning reasonably considers that the views of Members are considered desirable or essential due to all of the circumstances of an application including the scale and nature of the development proposed; the degree of compliance with the Joint Local Plan or national planning policy; any technical issues raised; or the number of representations received etc; or   (e) has been called in by a Councillor in accordance with Appendix C.	See Table 6
5.116.	To undertake all action in respect of any application under any Town and Country Planning Legislation relating to any of the following:   (a) any certificate of lawfulness including any application for a certificate of lawfulness or development (CLUEDs) and/or a certificate of proposed use or development (CLOPUDs);   (b) any prior notification, prior approval and/or any other determination relating to any permitted development provision (including any local development order and/or neighbourhood development order) including:   (i) whether any such notification/approval/determination is required; and   (ii) determining whether any exception, condition, limitation and/or other restriction has been met in connection with any prescribed permitted development;   (c) any non-material amendment;   (d) for the discharge of any condition/obligation and/or confirmation of compliance with any condition/obligation;   (e) for approval of any scheme, design, code or other documentation submitted for approval by the Council including any application for a variation to any such approved documentation;   (f) any advertisement including any banner may be visible from any highway; and/or   (g) to undertake any work to any tree in Conservation Area and/or to which a Tree Preservation Order relates.	See Table 6     Notice of the application for a certificate of lawfulness to be given to Ward Members.
5.117.	To undertake all action relating to any matter arising in respect of any appeal, call-in and/or other inquiry and/or hearing of whatever nature arising under any Town and Country Planning Legislation including:   (a) to decide any response required in relation to any procedural issue relating to any such matter including for the avoidance of doubt whether any such matter should be dealt with by means of written representation, hearing or public inquiry;   (b) to decide any procedural issue relating to any such matter including the venue for the holding on any hearing and/or appeal; and/or   (c) to decide whether or not to defend any reason for refusal   (d) to authorise the execution of a section 106 agreement where required in connection with the appeal/inquiry/hearing.	See Table 6
5.118.	To undertake all action in order to regulate any actual, perceived or potential breach of any of the Town and Country Planning Legislation including:   (a) any action to seek to regulate any actual or perceived breach of any notice, order, agreement, obligation and/or other document, condition, restriction and/or other limitation issued or provided for pursuant to such Town and Country Planning Legislation;   (b) the undertaking of any site visit;   (c) to decide whether to issue any notice including:   (i) any requisition for information; (ii) any planning contravention notice; (iii) any enforcement notice; (iv) any breach of condition notice; (v) any notice pursuant to section 215 Town and Country Planning Act 1990; (vi) any temporary stop notice; (vii) any stop notice; (viii) any advertisement discontinuance notice; and/or (ix) any replacement tree notice;   (d) to decide whether or not to amend and/or withdraw any notice;   (e) to decide whether to seek any injunction and/or pursue any action arising therefrom; and/or   (f) to decide whether or not to take and/or to cease action whether because in the Head of Planning’s opinion the breach is trivial, there is insufficient demonstrable harm and/or, it is not expedient to take/continue to take action.	See Table 6                       The relevant Ward Members are to be informed prior to such notices being issued or served unless the issuing of the notice is urgent, in which case. Ward Members are to be informed as soon as reasonably practicable afterwards.
5.119.	To exercise the powers of entry under Sections 196A, 196B, 196C, 214B, 214C, 214D, 324 and 325 of the Town and Country Planning Act 1990 and Sections 88, 88A and 88B of the Planning (Listed Building and Conservation Areas) Act 1990 and section 74 of the Anti-Social Behaviour Act 2003 and Regulation 12 of the Hedgerow Regulations 1997 and to authorise all other planning officers whose duties require such powers.	See Table 6
5.120.	To decide whether and how to respond on behalf of the Council to any application pursuant to any of the Town and Country Planning Legislation submitted to any other local authority	If feasible, to consult with any Executive Member with responsibility for development management and the Chairman of the Development Management Committee
5.121.	To exercise all powers and duties conferred upon the Council relating to complaints about High Hedges	See Table 6
5.122	To make and confirm orders authorising the stopping up or diversion of footpaths under the provisions of Section 257 of the Town and Country Planning Act 1990 and Sections 118 and 119 of the Highways Act 1980 where no objections or adverse comments are received from any interested consultee, member of the public, public utility or Ward Member.	See Table 6

 

 

Table 6: Conditions

 

6.1.	General.  The Scheme of Delegation does not delegate to a committee, sub-committee or an officer any matter reserved to full Council or any matter that by law cannot be delegated to an officer.
6.2	This scheme does not supersede or negate specific delegations that have previously been granted to officers under specific Council Executive or Committee reports and/or policy where that delegation is not specifically included in this scheme.
6.3	All powers must be exercised in accordance with the approved budget, policy framework, financial procedure rules, contract procedure rules, or any other procedure rules, having due regard to the Council’s policies and having taken appropriate advice from other officers or requirements of this Constitution
6.4	An Officer is authorised to exercise such powers as are shown in the Scheme of Delegation including those reasonably applied or incidental to the matters specified in respect of the functions of the Council.
6.5	Where, in the opinion of the officer making a delegated decision, that decision is likely to be contentious or sensitive, then before taking that decision the officer will consult with the relevant Committee Chairman or a more senior officer, as the case may be.
6.6	An Officer may, instead of exercising a delegated power, refer the matter to a more senior officer, the Executive, a committee or the full Council, as appropriate.
6.7	Subject to Appendix D (RIPA) Chief Officers and Senior Officers have the power to authorise all or any of their delegated functions to other Officers either fully or under their general supervision and control. Such authorisation should be recorded in writing and a copy provided to the Monitoring Officer (See Appendix B).
6.8	The Head of Paid Service may exercise any delegations of a Director in the absence or default of that Director.
6.9.	A Chief Officer may exercise any delegations of an officer, for whom that Chief Officer is responsible, in the absence or default of that officer.
6.10	Where a proposed exercise of delegated authority is such that the Leader of the Council should be consulted and the Leader of the Council is absent or otherwise unavailable then the Deputy Leader can be consulted. Similarly, in the absence of the Chairman of a Committee the Vice-Chairman can be consulted. In the absence of an Executive Member the Leader of the Council should be consulted as an alternative.
6.11	Where the effect of a decision is to grant a permission or licence; affect the rights of an individual or award a contract or incur expenditure, which in either case, materially affects the Council’s financial position, a written record must be produced as soon as reasonably practicable after the officer has made the decision and must contain the following information:   (a)  the date the decision was taken;   (b)  a record of the decision taken along with reasons for the decision;   (c)  details of alternative options, if any, considered and rejected; and   (d)  the names of any Councillor who has declared a conflict of interest in relation to the decision.   If a written record containing the information referred to in paragraphs (a) and (b) is already required to be produced in accordance with a statutory requirement, that written record will meet the requirements of this paragraph.   The written record must, as soon as reasonably practicable after the decision is made, be available:   (a) for inspection at Council Officers during normal working hours; and   (b) to view online
.6.12	Contracts The Monitoring Officer can:   (a) Sign and/or seal contracts of any value.   (b) Sign inter authority, collaboration, partnering and framework agreements.
6.13	The Chief Executive and Chief Officers can   (a) sign contracts (but not those under seal) up to but not exceeding £500,000.   (b) give approval to terminate contracts early with a value not exceeding £500,000.   (c) give approval to extend contracts where the original contract value does not exceed £500,000 and within the original terms and advertised scope of the contract.   (d) authorise and sign letters of intent committing the Council to expenditure not in excess of £500,000. .
6.14	Senior Officers can:   (a) sign contracts (but not those under seal) up to but not exceeding £100,000;   (b) give approval to terminate contracts early with a value not exceeding £100,000; and   (c) give approval to extend contracts where the original contract value does not exceed £100,000 and within the original terms and advertised scope of the contract
6.15	Exemptions from Contract Procedure Rules.  Any request for an exemption from the Contract Procedure Rules must be dealt with in accordance with the Contract Procedure Rules.
6.18.	Procurement Tender Evaluation Models.  The Officer responsible for a procurement may only authorise procurement tender evaluation models for contracts up with a value not exceeding £100,000.  Procurement tender evaluation models above this must be approved by a Chief Officer
6.19	Covert surveillance and use of Covert human intelligence sources.  Additional provision is made in Appendix D

 

 

 

 

Table 7: Proper Officer functions

 

Proper Officer	Function	Legislation
Head of Paid Service	Parish Trustee (together with the Chairman of the Parish Meeting) for those parishes not having a separate Parish Council and shall be a body corporate by the name ‘the Trustees’ with the additions of the name of the Parish	Local Government Act 1972 Section 13(3)
	The Officer in whose presence declarations of acceptance of office shall be made and to whom such declarations shall be delivered.	Local Government Act 1972 Section 83(1)-(4):
	The officer to whom a person elected to any office under the Act may deliver written notice of resignation.	Local Government Act 1972 Section 84.
	The officer who may convene a meeting for the election of Chairman of the District Council following a casual vacancy in that office.	Local Government Act 1972 Section 88(2)
	The officer to whom notice in writing of a casual vacancy in the office of Councillor shall be given.	Local Government Act 1972 Section 89(1)(b)
	The officer to identify which documents contain exempt information not open to inspection by Members of the Council	Local Government Act 1972 Section 100F(2)
	The officer who shall exercise any power with respect to a charity exercisable by any officer of a former authority and who shall be deemed to be the holder of a corresponding office for the purpose of sub-section (7)	Local Government Act 1972 Section 210(6)
	The officer who shall sign a summons to attend a Council meeting.	Local Government Act 1972 Schedule 12 (paragraph 4(2)(b))
	The officer who holds the list of politically restricted posts	LG and Housing Act 1989
	Receipt of notices from political groups. Review of allocation of seats.	LG and Housing Act 1989, Sections 15 to 17
	Matters relating to the verification number and the receipt and handling of petitions	The Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000
	The Counting Officer	The Local Authorities (Conduct of Referendums) (England) Regulations 2001
	Receiving notice from a member of the address to which a summons to the meeting is to be sent.	Local Government Act 1972 section Schedule 12 (paragraph 4(3)):
Section 151 Officer	The proper officer for the purposes of receiving all money from other officers of the Council	Local Government Act 1972 Section 115(2)
	The officer who shall procure the transfer of securities consequent upon any change in name, area of functions of a local authority.	Local Government Act 1972 Section 146 (paragraphs (a) and (b)
		LG and Finance Act 1988 Section 114
	The officer for the purpose of paying Members’ Allowances	Local Government and Housing Act 1989
	The officer who shall report on the robustness of estimates and the adequacy of reserves	Local Government Act 2003 Sections 25 and 27
	The officer who shall maintain arrangements for financial management and internal control.	Accounts and Audit Regulations 2015 Regulation 4
Monitoring Officer	The officer to decide whether part or the whole of reports should be excluded from public inspection before a meeting if they relate only to items during which the meeting is likely not to be open to the public.	Local Government Act 1972 section 100B(2).
	The officer who shall have responsibility for the conduct of legal proceedings on behalf of the Council	Local Government Act 1972 Sections 222 and 223
	The officer who shall have responsibility for the custody of Council documents.	Local Government Act 1972 Section 224
	The officer for the custody of the deposit and retention of documents.	Local Government Act 1972 Section 225
	The officer who shall certify a photographic copy of a document in the custody of the Council, or of a document that has been destroyed while in the custody of the Council, or any part of any such document.	Local Government Act 1972 Section 229(5)
	The officer who shall be authorised to sign on behalf of the District Council any notice, order or other document.	Local Government Act 1972 Section 234(1)
	The officer responsible for sending copies of byelaws to County, Town and Parish Councils.	Local Government Act 1972 Section 236(9) and (10)
	The officer who shall certify a printed copy of the byelaws made by the Council.	Local Government Act 1972 Section 238
	The officer who shall certify copies of orders, reports and minutes.	LG (Miscellaneous Provisions) Act 1976, Section 41
Director of Community Service and Delivery	The officer who is the local registrar and who shall register any matters specified by Land Registration Act 2002 and Local Land Charges Act 1975 affecting land within the District	Land Registration Act 2002 and Local Land Charges Act 1975
Director of Strategy and Governance	The officer to whom a member of the Council shall give notice in writing desiring summonses to attend meetings of the Council to be sent to an address specified in the notice other than his place of residence.	Local Government Act 1972 Schedule 12 Part 1, Para 4(3)
	The officer who will receive petitions and requests for reviews for handling of the petitions under the Petitions Scheme, verify number and direct to the relevant Council, Committee or Officer for a response.	Local Democracy, Economic Development and Construction Act 2009
	To supply to the press additional material supplied to members of the Council in connection with the item to be discussed.	Local Government Act 1972 Section 100B(7)( c):
	To prepare a written summary of proceedings taken by a Committee in private.	Local Government Act 1972 Section 100C(2):
	To compile a list of background papers to a report to a Committee	Local Government Act 1972 Section 100D(1
	Identifying background papers of reports.	Local Government Act 1972 Section 100D(5)(a):
	The officer to receive notice of Local Government and Social Care Ombudsman’s report	Local Government Act 1974 Section 30(5):
	The officer for notification to deal with objections by the Executive to appointments or dismissals of Chief and Deputy Chief Officers	Local Authorities (Standing Orders) (England) Regulations 2001
	Receipt on deposit of lists of buildings of special architectural or historical interest and Building Preservation Notices	Town and Country Planning Act 1971 Sections 54 and 58.
Head of Democratic Services	The officer to whom members shall give notice of address desiring Council summonses to be sent where not place of residence	Local Government Act 1972 Schedule 12 Paragraph.4(3).
Head of Planning	Duties in connection with Ordnance Survey.	Local Government Act 1972 Section 191
	The officer who shall receive on deposit lists of buildings of special architectural or historic interest.	Planning (Listed Buildings and Conservation Areas) Act 1990 Section 2
Head of Devon Building Control Partnership	The officer to exercise the Council’s powers in respect of dangerous buildings	Building Act 1984 section 78
	The officer to authenticate documents within his province	Building Act section 93
Head of Environmental Health	The officer who shall certify to the local authority that any premises, articles or clothing are filthy or verminous and who shall authorise a registered medical practitioner, or a woman duly authorised by the medical officer of health to carry out the cleaning of females.	Public Health Act 1936 Sections 83, 84 and 85
	The officer authorised for all purposes under the Public Health (Control of Disease) Act 1984	Public Health (Control of Disease) Act 1984
	The officer for action to be taken regarding infectious diseases to be specially reported and making of weekly and quarterly returns.	Public Health (Infectious Disease) Regulations 1988
	The officer to issue temporary prohibition orders on behalf of local authority when evidence that infectious or other disease is attributable to molluscs or shellfish.	The Food Safety (Live Molluscs and other Shellfish) Regulations 1992
	The officer to appoint Consultants in Communicable Disease Control (CCDC) for the receipt and disclosure of notification of suspected notifiable disease, infection or contamination in patients and dead persons	The Health Protection (Notification) Regulations 2010 – Regulations 2, 3, and 6
	The officer to discharge the Council’s functions for dealing with stray dogs	Environmental Protection Act 1990 Sections 149 – 151
	Entertainments, licensing control of sex shops and public health	Local Government (Miscellaneous Provisions) Act 1982
	The officer to issue licenses and carry out administrative duties	Licensing Act 2003
	The officer to issue licenses and carry out administrative duties	Gambling Act 2005
	The officer to discharge the Council’s functions anti-social behaviour and community protection	Anti-Social Behaviour Act 2003 and Anti-Social Behaviour, Crime and Policing Act 2014

 

APPENDIX A – List of legislation

The list below of legislation is not to be taken as exhaustive and shall be taken to include any amended, consequential, ancillary, subsidiary, consolidating Act, Statutory Instrument, Regulation or Order

Animals Act 1976

Animal Boarding Establishments Act 1963

Animal Health Act 1981

Approved Inspector Regulations 1995

Anti-Social Behaviour Act 2003

Betting, Gaming and Lotteries Act 1963

Breeding of Dogs Act 1973

Building Act 1984

Building (Local Authority Charges) Regulations 1998

Building Regulations 2000

Caravan Sites and Control of Development Act 1960

Carriage of Dangerous Goods by Road Act 1996

Carriage of Goods by Road Act 1965

Carriage by Air and Road Act 1979

Carriers Act 1830

Child Support, Pensions and Social Security Act 2000

Cinemas Act 1985

Civil Contingencies Act 2004

Civil Defence Act 1948

Civic Amenities Act 1967

Clean Air Act 1993

Clean Neighbourhoods and Environment Act 2005

Construction and Use Regulations 1986

Control of Asbestos at Work Regulations 1987

Control of Pesticides Regulations 1986

Control of Pollution Act 1974

Coronavirus Act 202054

Crime and Disorder Act 1998

Criminal Law Act 1976

Criminal Law Act 1977

Criminal Attempt Act 1981

Criminal Justice and Immigration Act 200855

Criminal Justice and Police Act 2001

Criminal Justice and Public Order Act 1994

Crop Residues (Burning) Regulations 1983

Dangerous Dogs Act 1991

Dangerous Wild Animals Act 1976

Data Protection Act 1984

Dogs (Fouling of Land) Act 1996

Egg Products Regulations 1993

Employment Act 1973

Environment Act 1995

Environmental Protection Act 1990

European Communities Act 1972

European Parliamentary Elections Act 1978.

Factories Act 1961

Food Premises (Registration) Regulations 1991

Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992.

Food Act 1984

Food Act 1990

Food Safety Act 1990

Food and Environmental Protection Act 1985

Freedom of Information Act 2000

Fresh Meat (Health and I) Regulations 1992

Fresh Meat, Poultry Meat (H,I&E)Regulations 1990

Game Act 1831

Gambling Act 2005

Gaming Act 1968

Gaming Act 2003

Goods Vehicles (Licensing of Operators) Act 1995

Guard Dogs Act 1975

Health Act 2006

Health and Safety at Work etc Act 1974

Health and Safety at Work Act (Enforcing Authority) Regulations 1989

Health and Safety at Work Act 1990

Health and Social Care Act 200856

Health Protection (Local Authority Powers) Regulations 201057

Health Protection (Part 2A Orders) Regulations 201058

Health Protection (Notification) Regulations 201059

Highways Act 1980

Highways Amendment Act 1986

Home Energy Efficiency Act 1995

Homelessness Act 2002

House to House Collections Act 1939

Housing Act 1985

Housing Act 1989

Housing Act 1996

Housing Act 2004

Housing Benefit (General Regulations) 1987

Housing Grants, Construction and Regeneration Act 1996

Housing (Homeless Persons) Act 1977

Hypnotism Act 1952

Insolvency Act 1986

Land Compensation Act 1973

Land Drainage Act 1976

Land Drainage Act 1991

Late Night Refreshment Houses Act 1969

Licensing Act 1964

Licensing Act 2003

Local Authorities (Executive Arrangements) (Access to Information)

Regulations (England) 2000

Local Government (Access to Information) Act 1985

Local Authorities (Members’ Allowances) (England) (Amendment) Regulations

2003

Local Government (Miscellaneous Provisions) Act 1976

Local Government (Miscellaneous Provisions) Act 1982

Local Government and Housing Act 1989

Local Government and Public Involvement in Health Act 2007

Local Government Act 1972

Local Government Act 2000

Local Government Finance Act 1988

Local Government Finance Act 1992

Localism Act 201160

Lotteries and Amusements Act 1976

Milk and Dairies (General) Regulations 1959

Milk (Special Designation) Regulations 1989

Mobile Homes Act 1975

Mobile Homes Act 1983

National Assistance Act 1948

National Assistance (Amendment) Act 195161

Noise and Statutory Nuisance Act 1993

Noise Act 1996

Office, Shops and Railways Premises Act 1963

Party Wall (etc) Act 1996

Pesticides Act 1998

Pet Animals Act 1951

Planning and Compulsory Purchase Act 2004

Planning (Listed Buildings and Conservation Areas) Act 1990

Planning (Hazardous Substance) Act 1990

Police Act 1997

Police, Factories etc (Miscellaneous Provisions) Act 1916

Pollution, Prevention and Control Act 1999

Poultry Meat (Hygiene) Regulations 1976

Private Security Industry Act 2001

Prevention of Damage by Pests Act 1949

Protection from Eviction Act 1977

Public Health Act 1925

Public Health Act 1936

Public Health Act 1961

Public Health (Ships) Regulations 1979

Public Health (Control of Disease) Act 1984

Public Health Act 1907

Refuse Disposal (Amenity) Act 1978

Rent Agriculture Act 1976

Regulation of Investigatory Powers Act 2000

Representation of the People Act 1983

Representation of the People Act 2001

Riding Establishments Act 1964

Riding Establishments Act 1970

Road Safety Act 2006

Road Traffic Act 1974

Road Traffic (Drivers’ Ages and Hours of Work) Act 1976

Road Traffic Act 1988

Road Traffic Act 1991

Road Traffic Amendment Act 1967

Road Traffic Regulation Act 1984

Road Traffic Reduction Act 1997

Road Traffic (New Driver) Act 1995

Scrap Metal Dealers Act 1964

Shops Act 1950

Slaughter of Poultry Act 1967

Social Security Act 1986

Social Security Administration Act 1992

Social Security Administration (Fraud) Act 1997

Special Waste Regulations 1996

Sunbeds (Regulation) Act 201062

Sunday Entertainments Act 1932

Sunday Trading Act 1994

Theatres Act 1968

Town and Country Planning Act 1990

Town and Country Planning (Listed Building and Conservation Areas) Act

1990

Town and Country Planning (General Development Procedure Order) 1995

Town and Country Planning (Environmental Impact Assessment) (England

and Wales) Regulations 1999

Town and Country Planning (Appeals) (Written Representations Procedure)

(England) Regulations 2000

Town and Country Planning (Inquiries Procedure) (England) Rules 2000

Town Improvement Clauses Act 1875

Town Police Clauses Act 1847

Transport Act 1968

Transport Act 1976

Transport Act 1980

Transport Act 1981

Transport Act 1982

Vehicles (Crime) Act 2001

Vehicle Excise Registration Act 1994

Water Industry Act 1991

Wireless Telegraphs Act 1998

Zoo Licensing Act 1981

APPENDIX B – Record of Authorisation

 

 

RECORD OF AUTHORISATION

(To be copied to Monitoring Officer)

 

1.         Authority/Power to be authorised (including paragraph reference) from Scheme of Delegation

……………………………………………………..…………………..

 

 2.        Officer (title and name) authorising exercise of the power.

………................................................................................................

 

 

3.         Officer (title and name) to whom power is authorised

……………………………………………………………………………

 

4.         Details of any limits/condition imposed upon onward authorisation

……………………………………………………………………………

 

Signature…………………………………………………………………

Date………………………………………………………………………

 

APPENDIX C:  Planning Delegation Procedure

 

1.         Planning Applications

 

1.1       In the case of Planning Applications, Listed Building Consents, Advertisement Consent Applications and TPO Confirmations (excluding emergency TPOs) and Works to TPO trees, where any written representations are received, including those from a Parish or Town Council, which are contrary to the Head of Planning’s recommendations and where the representations are considered to raise material planning issues, the Head of Planning shall have delegated authority to decide the matter in accordance with the Head of Planning’s recommendation only where and subject to paragraph 1.2:

 

(a)       agreement to issuing a delegated decision has been requested in writing from the Ward Member(s), and

 

(b)       no written request (supported by material planning reasons) to call the application to Development Management Committee has been received from the Ward Member(s) within the notification period.  The notification period is defined as five working days. The notification period commences when the Ward Member has been informed of the request that a delegated decision be made.

 

1.2       Where the Head of Planning’s recommendation is to grant planning permission subject to the completion of a section 106 agreement on the heads of terms set out in the report accompanying the request to issue a delegated decision and either:

 

(a)       there is a material difference between the heads of terms and the final section 106 agreement; or

 

(b)       it has not been possible to complete the section 106 agreement on those heads of terms within three months of the date on which the Ward Member agreed to the decision being dealt with under delegated powers or in the event that the Ward Member did not reply to the request to agree to the exercise delegated powers by the Head of Planning, the date by which the Ward Member was asked to reply,

 

the Head of Planning shall re-consult the Ward Member in accordance with paragraph 1.1. It would be expected that the Ward Member would only depart from their previous position where the change was material and of sufficient weight so as to be capable of tipping the planning balance, or in the case of the non-completion of the section 106 agreement where the applicant has not engaged fully and as a result there is no realistic prospect of agreement being reached in the near future.

 

1.3       Where a Ward Member is unavailable for consultation (for whatever reason e.g. holiday, DPI or other interest) then they should nominate an alternative member to carry out this role and notify Member Services and the Head of Planning in writing.

 

2             Call-in to Development Management Committee by Members

 

2.1       Any Member can call-in any Planning Applications, Listed Building Consents, Advertisement Consents, TPO final confirmations (excluding emergency TPOs), and Works to TPO trees to Development Management Committee, by notifying the Head of Planning with material planning reasons, prior to the expiry of the 28 day public consultation period.  Non-Ward Members will only call in an application after confirming that they have consulted with Ward Member(s).

 

2.2       Ward Members can call-in any Planning Applications, Listed Building Consents, Advertisement Consents, TPO final confirmations (excluding emergency TPOs), and Works to TPO trees in their ward to Development Management Committee by notifying the Head of Planning with material planning reasons at any time prior to the expiry of the member consultation period referred to on paragraph 1.1(b) above. 

 

2.3       In the absence of a Member call-in request within the permitted time frames, the Head of Planning shall decide the matter.

 

2.4       Where a Ward Member is unavailable for consultation (for whatever reason e.g. holiday, DPI or other interest) then they should nominate an alternative member to carry out this role and notify Member Services accordingly in writing

 

3             Action on decisions of the Development Management Committee

 

3.1       Where the Committee approves an application, the Head of Planning will issue the Approval Notice including such conditions as are reasonably required to give effect to the Committee’s decision.

 

3.2       Where the Development Management Committee refuses an application which the Head of Planning recommended should be approved, the Development Management Committee shall give the reasons for the decision, but the Head of Planning shall decide the precise wording of the reasons for refusal.

 

Appendix D: Regulation of Investigatory Powers Act 2000 (RIPA)

 

1.         The Council maintains a RIPA policy that includes identification of Officers employed within the Council appointed to roles identified with that policy. Officers appointed to such roles have power to undertake all action ascribed to those roles in any relevant legislation and any policy adopted by the Council in relation to RIPA.

 

2.         Any Officer employed by the Council or any partner of Council who is appointed to undertake the role of RIPA Officer on behalf of the Council shall have power to undertake all action to update the RIPA policy at any time to reflect changes to Officers appointed to roles within the RIPA policy.

 

3.         Notwithstanding any other provision in this Officer Scheme an Officer who is identified in any relevant RIPA policy to authorise surveillance cannot nominate any other Officer to exercise the power on their behalf.

 

4.         In the absence of any Officer being identified in a RIPA policy to authorise surveillance, the following Officers shall be able to exercise such a power to the extent identified.

 

Post	Purpose of Authorisation
Chief Executive	All purposes (including where there is a likelihood of acquiring confidential information)
Monitoring Officer	All purposes (including but only in the absence of the Chief Executive where there is a likelihood of acquiring confidential information)
Director of Customer Service and Delivery	All purposes for Environment Health and Development Management (but excluding where there is a likelihood of acquiring confidential information)

 

 

 

 

 

 

CHAPTER 3 – MEETING PROCEDURE RULES

 

 

 

 

 

 

 

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MEETING PROCEDURE RULES

 

THE FULL COUNCIL

 

 

 

 

COUNCIL PROCEDURE RULES

 

1.         ANNUAL MEETING OF FULL COUNCIL

 

1.1      Date of Annual Meeting

 

In a year when there is an ordinary election of Councillors, the Annual Meeting of the Full Council will take place within 21 days of the retirement of the outgoing Councillors.  In any other year, the Annual Meeting will take place in April or May.

 

1.2      Business

 

The Annual Meeting of the Full Council will:

 

(a)       elect a person to preside if both the Chairman and Vice-Chairman are not present;

 

(b)       elect the Chairman of the Council;

 

(c)       elect the Vice-chairman of the Council;

 

(d)       receive any declarations of interest from Councillors;

 

(e)       approve the minutes of the last meeting as a correct record and to authorise the Chairman to sign them;

 

(f)        receive any announcements from the Chairman of Council and/or Head of Paid Service;

 

(g)       if it is the post-election Annual Meeting, elect the Leader who will hold office until the next post-election Annual Meeting, unless the Leader:

 

(i)           resigns from office;

 

(ii)          becomes incapacitated or dies;

 

(iii)         ceases to be a councillor;

 

(iv)         is removed from office by resolution of the Council or

 

(v)          the Council elects a new Leader.

 

(h)       note the appointment of the Deputy Leader and any Portfolio Holders made by the Leader;

 

(i)        appoint at least one Overview and Scrutiny Committee, a Licensing Committee, and such other Committees or Boards as the Full Council considers appropriate to deal with matters within its control, their size, terms of reference, and powers;

 

(j)            decide the allocation of seats on Committees to political groups in accordance with the rules on political balance;

 

(k)          receive nominations from political groups for Councillors to serve on committees or any outside body, and to make appointments to each committee or outside body, except where the Full Council has delegated the appointment or is exercisable only by the Leader;

 

(l)           appoint the Chairman and Vice-Chairman of relevant committees;

 

(m)        make any other appointments as may be necessary;

 

(n)         approve a programme of ordinary meetings of the Full Council and its Committees for the year;

 

(o)          consider item(s) that, in the opinion of the Chairman of Council, should be considered at the meeting as a matter of urgency; and

 

(p)          consider any other business set out in the notice convening the meeting.

 

2.         ORDINARY MEETINGS OF FULL COUNCIL

 

2.1      Date of ordinary meetings

 

Five ordinary meetings of the Full Council will take place on dates agreed by the Full Council at its Annual Meeting.  If the Chairman considers it is appropriate to do so the Chairman may, in consultation with the Head of Paid Service, cancel the meeting or direct that it is held on another date.

 

2.2      Business

 

Ordinary meetings of the Full Council will:

 

(a)       elect a person to preside if both the Chairman of Council and Vice-Chairman are not present;

 

(b)       receive any declarations of interest from Councillors;

 

(c)       approve the minutes of the last meeting as a correct record and to authorise the Chairman to sign them;

 

(d)       receive any announcements from the Chairman or Head of Paid Service;

 

(e)       receive any report from the Leader and Portfolio Holders and receive any reply from the Leader and Portfolio Holders to Councillors’ questions;

 

(f)        receive and reply to any question from the public;

 

(g)       receive and reply to any petition from the public;

 

(h)       receive, consider, and reply to any report or recommendations formally submitted by any Overview and Scrutiny Committee, other Committee, Panel, or Board;

 

(i)        deal with any business from the last Council meeting;

 

(j)         deal with any Councillor Questions;

 

(k)       consider any notices of motion;

 

(l)        consider any item(s) that in the opinion of the Chairman should be considered at the meeting as a matter of urgency; and

 

(m)      consider any other business specified in the notice convening the meeting.

 

3          SPECIAL MEETINGS

 

3.1      Calling special meetings

 

The following may request the Head of Paid Service to call a special meeting of the Full Council:

 

(a)       the Full Council by resolution;

 

(b)       the Chairman of Council;

 

(c)       the Head of Paid Service;

 

(d)          the Monitoring Officer;

 

(e)          the Section 151 Officer; or

 

(f)        any five Councillors by signing and giving a request to the Chairman.  If the Chairman refuses to call a meeting, or fails to call a meeting with seven days of the request being presented, any five Councillors may then call a meeting.

 

3.2      Business of special meetings of the Full Council

 

(a)          Unless the Chairman is of the opinion that an item should be considered as a matter of urgency, Full Council will only consider the business which is specified in the notice of the special meeting.

 

(b)          Petitions and questions from members of the public will be accepted only if, in the Monitoring Officer’s opinion, they relate to the business for which the special meeting has been arranged.  

 

 

4          TIME AND PLACE OF MEETINGS AND ITEMS ON AN AGENDA

 

4.1      Time and place of meetings

 

Meetings of the Full Council will take place on the date and at the time published in the agenda for the meeting.

 

4.2      Items on an agenda

 

(a)       Unless the law otherwise requires, items will be included on an agenda:

 

(i)        at the request or at the direction of the Chairman;

 

(ii)       as required by these Council Procedure Rules, [the Petition Scheme] or any other provision of the Constitution;

 

(iii)      as required by resolution of the Full Council and/or by way of a requisition;

 

(iv)      at the request of the Head of Paid Service subject to prior consultation with the Chairman;

 

(ii)       at the request of the Monitoring Officer or Section 151 Officer subject to prior consultation with the Chairman (unless unavailable or absent);

 

(iii)      in accordance with a requirement of the Overview and Scrutiny Committee to consider and reply to a report or recommendation;

 

(iv)      to consider any recommendation or referral from a Committee or Sub-Committee of the Full Council;

 

(v)       to consider any Officer report identified by any Officer (nominated by the Head of Paid Service for such a purpose) as appropriate to go to Full Council and/or which refers to any matter which the Constitution or law requires to be considered by Full Council; and/or

 

(vi)      in the case of a special meeting of Full Council to address the reason for the special meeting.

 

(b)       The Head of Paid Service (or any other person as the Head of Paid Service may nominate) with the agreement of the Chairman shall decide the appropriate meeting of the Full Council to which an item should be considered and the order of all such items.

 

(c)       Any urgent items and the reasons for urgency must be submitted to the Head of Paid Service and the Monitoring Officer in advance of the meeting.

 

4.3      Acting in absence

If the Chairman is absent or unavailable at any time when these Council Procedure Rules would otherwise require the Chairman to act then, unless the procedure rules say otherwise, the Vice-Chairman, or if both are absent or unavailable such other Councillor as the Head of Paid Service may at their absolute discretion determine (if any), may act.

           

5          NOTICE AND AGENDA FOR MEETINGS

 

5.1      The Head of Paid Service will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. 

 

5.2      Normally at least five clear working days before a meeting, the Head of Paid Service will send (or where a Councillor has given an email address, e-mail) a copy of the agenda to every Councillor. 

 

5.3      The agenda will be authenticated in such manner as the Head of Paid Service considers appropriate, give the date, time, and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available.

 

6          CHAIRING THE MEETING

 

            The person presiding at a meeting of the Council may exercise any power or duty of the Chairman. 

 

7          QUORUM

           

7.1      Full Council

 

            The minimum number of Councillors required to be present or quorum for a meeting of the Full Council is eight.

 

 

 

 

7.2      Absence of a quorum

 

            If during any meeting, the Chairman counts the number of Councillors present and declares there is not a quorum present, then the meeting will adjourn immediately.  No further business will be considered.  Any remaining business will be considered at a time and date fixed by the Chairman.  If the Chairman does not fix a date, any remaining business will be considered at the next ordinary meeting.

 

8.         DURATION OF THE MEETING AND TIME PERIODS

 

8.1      Time limits

 

Once a meeting has been in progress for two hours the Chairman will interrupt the meeting at the conclusion of the item under discussion.  The meeting will then adjourn for a period of up to 20 minutes, or such other period as the Chairman may decide is appropriate.

 

8.2      Public Participation Time

 

At each meeting of the Full Council (except for the Annual Meeting and any special meeting) a period of up to 15 minutes will be allowed for Public Participation Time. 

 

8.3       Questions and notices of motion by Councillors

 

At each meeting of the Full Council (except for the Annual Meeting and any special meeting):

 

(a)       a period of up to 15 minutes will be allowed for Councillor Questions; and

 

(b)       a period of up to 45 minutes will be allowed for Notices of Motion.

 

In either case, the Chairman may increase the period for the asking of questions, or debating notices of motion if, in the Chairman’s opinion, the importance of the issue raised merits it and to do so would not have an adverse impact on the efficient running of the meeting.

 

9.         PUBLIC PARTICIPATION TIME

 

9.1      Appendix A - Questions from members of the public explains how the public can ask questions at meetings of the full Council.    

 

9.2      Any member of the public may submit a petition at Council meetings.  However the Council will not normally accept any petition that does not comply with the Petition Scheme.   Petitions which are accepted for consideration will be dealt with under the Petition Scheme

 

 

10       REPORTS FROM THE LEADER AND PORTFOLIO HOLDERS

 

10.1    Receiving reports from the Leader and Portfolio Holders

 

            Every ordinary meeting of Full Council (except for the Annual Meeting) may receive a report, usually in writing with oral updates, but may simply be oral, from:

 

(a)       the Leader on matters affecting the Council; and

 

(b)       each Portfolio Holder on matters relating to their portfolios.

 

10.2    Presentation of report

 

(a)       The Head of Paid Service will make arrangements for a copy of any written report to be included on the agenda.

 

(b)       Where the report has been included on the agenda, there shall not be a requirement for the report to be read out by the Leader/Portfolio Holder at the meeting.

 

10.3    Asking and replying to questions

 

(a)       Councillors may ask questions on any oral or written report given by the Leader or Portfolio Holder provided that, in the opinion of the Chairman, the questions relate to the report. 

 

(b)       The total number of questions that may be asked of the Leader and Portfolio Holders and the subjects allowed are at the discretion of the Chairman, but each Councillor will normally not be allowed to ask more than one question and one supplemental question on a report.

 

(c)       The Leader or Portfolio Holder may reply to any question by:

 

(i)        giving an oral answer; or

 

(ii)       indicating that they will give an answer within seven days of the meeting, with a copy of the answer being circulated to all Councillors.  

 

11       QUESTIONS ON NOTICE BY COUNCILLORS

 

Any Councillor may ask:

 

(i)        the Leader;

 

(ii)       the Chairman;

 

(iii)      a Portfolio Holder; or

 

(iv)      the Chairman of any Committee;

 

questions on notice at a meeting of the Full Council (except at the Annual Meeting or a special meeting) within the area of responsibility of the person being asked. Appendix B - Questions by Councillors will apply to the asking of any Questions.

 

12       COUNCILLOR NOTICES OF MOTION FOR CONSIDERATION AT FULL COUNCIL

 

Any two Councillors may give notice of a motion about a topic or issue related to the responsibilities of the Full Council, or which directly affects the Council, to be debated at a meeting of the Full Council (except at the Annual Meeting or a special meeting).  Appendix C – Notices of Motions will apply to the giving of notice and to the consideration of the motion.

 

13       ANNUAL BUDGET

 

A Councillor wishing to move an amendment to any recommendation from the Executive on the annual budget must give written notice to the Head of Paid Service not less than five clear working days before the meeting at which the budget or review of charges are being considered.  The notice shall set out details of the proposed amendment.  The proposed amendment must ensure a balanced budget.

 

14       MOTIONS WITHOUT NOTICE

 

14.1    The following motions may be moved without notice:

 

(a)       to appoint a Chairman of the meeting at which the motion is moved;

 

(b)       about the accuracy of the minutes;

 

(c)       to change the order of business in the agenda;

 

(d)       to refer something to an appropriate body or individual;

 

(e)       to appoint a working group arising from an item on the agenda for the meeting;

 

(f)        to receive reports and/or propose motions/amendments relating to recommendations (whether verbal or written) of the Executive, any Joint Committee, Committee, Sub-Committee, or Officer, and any resolutions following from them;

 

(g)       to withdraw a motion;

 

(h)       to amend a motion;

 

(i)        to proceed to the next business;

 

(j)         that the question be now asked;

 

(k)       to adjourn a debate;

 

(l)        to extend or adjourn a meeting;

 

(m)      to suspend a procedure rule subject to any limitation as provided for in the Constitution;

 

(n)       to exclude the public and press as provided for in the Access to Information Rules;

 

(o)       to not hear further a Councillor named by the Chairman or to exclude a Councillor from the meeting under Council Procedure Rule 15;

 

(p)       by the Chairman of a Committee to identify an alternative motion to that considered by the Committee in reply to a Notice of Motion referred to it under Council Procedure Rule 14.1(d) or Appendix C Paragraph C6(b);

 

(q)       to provide a reply to a question or petition from a member of the public to such extent as the Council Procedure Rules or any Petition Scheme allow; and

 

(r)        to give the consent of the Council where its consent is required by this Constitution.

 

14.2    Agenda items not dealt with

 

If a motion to adjourn the meeting is passed, any unresolved agenda items will be adjourned to a date decided by the Head of Paid Service in consultation with the Chairman.

 

15       RULES OF DEBATE

 

15.1    No discussion until motion seconded

 

Subject to the proposer’s rights under Council Procedure Rule 15.3(a), a motion or amendment shall not be discussed unless it has been proposed and seconded.

 

15.2    Right to require motion in writing

 

Unless notice of the motion has already been given, the Chairman may require it to be written down before it is discussed.

 

15.3    Proposer’s and Seconder’s speeches

 

(a)       The proposer of a motion or an amendment shall have the right to speak immediately after making the proposal.   This is separate from the proposer of a motion’s right to reply under Council Procedure Rule 15.9.

 

(b)       The seconder of a motion or amendment shall have the right to speak:

 

(i)         immediately after seconding a motion or amendment; or

 

(ii)       may opt to reserve their speech until later in the debate.

 

 

15.4    Content and length of speeches

 

(a)          Speeches must be directed to the matter under discussion or to a personal explanation or point of order. 

 

(b)          No speech may exceed three minutes without the consent of the Chairman of Council.

 

15.5    When a Councillor may speak again

 

A Councillor who has spoken on a motion may not speak again whilst it is the subject of debate, except;

 

(a)       to speak once on an amendment moved by another Councillor;

 

(b)       to move a further amendment if the motion has been amended since they last spoke;

 

(c)       if their first speech was on an amendment moved by another Councillor, to speak on the main issue (whether or not the amendment on which they spoke was carried);

 

(d)       to exercise any right of reply;

 

(e)       on a point of order;

 

(f)        by way of personal explanation; or

 

(g)       with the consent of the Chairman.

 

15.6    Amendments to motions

 

(a)       An amendment to a motion must be relevant to the motion and will be:

 

(i)        to refer the matter to an appropriate body or individual for consideration or reconsideration;

 

(ii)       to leave out words;

 

(iii)      to leave out words and add others; or

 

(iv)      to add words,

 

so long as the effect of the amendment is not to negate the motion.

 

(b)       Only one amendment may be moved and discussed at any one time.  No further amendment may be moved until the amendment under discussion has been disposed of.

 

(c)       If an amendment is not carried, other amendments to the original motion may be moved.

 

(d)       If an amendment is carried, the motion as amended takes the place of the original motion.  This becomes the substantive motion to which any further amendments are moved.

 

(e)       After an amendment has been carried, the Chairman will read out the amended motion before accepting any further amendments or, if there are none, put it to the vote.

 

(f)        Where possible as a courtesy to other Councillors, notice should be given to the Head of Paid Service of any proposals to amend a motion of which notice has been given.  Notice of amendments should be given 24 hours before the meeting at which the Notice of Motion is to be debated.

 

15.7    Alteration of motion

 

(a)       A Councillor may alter a motion of which the Councillor has given notice with the consent of the meeting.  The meeting’s consent will be signified without discussion.

 

(b)       A Councillor may alter a motion or amendments which the Councillor has moved without notice with the consent of both the meeting and the seconder.  The meeting’s consent will be signified without discussion.

 

(c)       Only alterations which could be made as an amendment may be made.

 

 

 

 

15.8    Withdrawal of motion

 

Subject to Council Procedure Rule 15.1, a Councillor may withdraw a motion which the Councillor has moved with the consent of both the meeting and any seconder.  No Councillor may speak on the motion after the Proposer has asked permission to withdraw it unless permission is refused.

 

15.9    Right to reply

 

(a)       The Proposer of a motion has a right to reply at the end of the debate on the motion, immediately before it is voted upon.

 

(b)       If an amendment is moved, the Proposer of the original motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it.

 

(c)       The Proposer of an amendment has no right of reply to the debate on their amendment.

 

15.10  Motions which may be moved during debate

 

When a motion is under debate, no other motion may be moved except any of the following procedural motions:

 

            (a)        to withdraw a motion;

 

            (b)        to amend a motion;

 

            (c)        to postpone consideration of the motion;

 

            (d)        that the question be now asked;

 

            (e)        to adjourn the debate;

 

            (f)         to adjourn the meeting;

 

(g)       to exclude the public and press as provided for in the Access to Information Rules; and

 

(i)        to not hear further a Councillor named by the Chairman or to exclude a Councillor from the meeting.

 

15.11  Closure motions

 

(a)       A Councillor may move, without comment, the following motions at the end of a speech of another Councillor:

 

(i)        that the question be now asked;

 

(ii)       to adjourn a debate; or

 

(iii)      to adjourn a meeting.

 

(b)       If a motion that the question be now asked is seconded and the Chairman thinks the item has been sufficiently discussed, the Chairman will put the procedural motion to the vote.  If it is passed the Chairman will give the Proposer of the original motion a right of reply before putting the motion to the vote.

 

(d)       If a motion to adjourn the debate or the meeting is seconded and the Chairman thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, the Chairman will put the procedural motion to the vote without giving the Proposer of the original motion the right of reply.

 

15.12  Point of order

 

            A Councillor may raise a point of order at any time.  The Chairman will hear the Councillor immediately.  A point of order may only relate to an alleged breach of these procedure rules or the law.  The Councillor must indicate the rule or law and the way in which they considers it has been broken.  The ruling of the Chairman on the matter will be final.

 

15.13  Personal explanation

 

            A Councillor may make a personal explanation at any time.  A personal explanation may only relate to some material part of an earlier speech by the Councillor which may appear to have been misunderstood in the present debate.  The ruling of the Chairman on the admissibility of a personal explanation will be final.

 

NOTE: Appendix D - Rules of debate Flowchart shows the rules of debate for motions.

 

16       RECISSION OF PREVIOUS DECISIONS AND MOTIONS

 

16.1    Subject to Council Procedure Rule 16.2, no motion to rescind a decision made within the past six months, and no motion or amendment in similar terms to one that has been rejected in the past six months, shall be proposed unless the Notice of Motion is supported by at least 11 Councillors. Once the motion or amendment is dealt with, a similar motion or amendment cannot be proposed for a further period of six months. 

 

16.2    Council Procedure Rule 16.1 shall not apply:

 

(a)       in respect of  a decision or motion for which the Head of Paid Service or Monitoring Officer consider there are exceptional circumstances justifying reconsideration;

 

(b)       in respect of  any motion that may be moved without notice including for the avoidance of doubt to receive reports and/or propose motions/amendments relating to recommendations of any Committee, Sub-Committee, or Officer, and any resolutions following from them; or

 

(c)       to give effect to a revised budgetary decision of Full Council as provided for in the Budget and Policy Framework Procedure Rules.

 

17       VOTING

 

17.1    Majority

 

            Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those Councillors voting and present in the room at the time the question is asked.

 

17.2    Chairman’s casting vote

 

            If there are equal numbers of votes for and against, the Chairman will have a second or casting vote.  There is no restriction on how the Chairman chooses to exercise a casting vote.

 

17.3    Ways of voting

 

            Unless a recorded vote is demanded, the Chairman will take the vote by show of hands, electronic voting or, if there is no dissent, by the affirmation of the meeting.

 

17.4    Recording number of votes

 

            The number of votes for and against a proposal shall be recorded if five or more Councillors at the meeting demand it, immediately before or after the vote is taken. The Chairman of Council will announce the numerical result of the vote immediately the result is known.

 

17.5    Recorded vote

 

            If five or more Councillors present at the meeting demand it, before the vote is taken, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. 

 

17.6    Recorded votes at budget meetings

 

            Recorded votes shall be taken on all decisions at a budget decision meeting on the budget and on the setting of council tax.  The names of Councillors who cast a vote for or against the decision, or who abstain from voting, shall be recorded in the minutes.

 

17.7    Right to require individual vote to be recorded

 

            Where immediately after the vote is taken, any Councillor requests their individual vote to be recorded, the minutes will record whether they voted for or against the motion or abstained from voting.

 

17.8    Voting on appointments

 

If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken.  The process will continue until there is a majority of votes for one person.

 

18       MINUTES

 

18.1    Signing the minutes

 

            Unless Council Procedure Rule 18.2 applies, the Chairman will sign the minutes of the proceedings at the next meeting of Full Council.   The Chairman will move that the minutes of the previous meeting be signed as a correct record.  The only part of the minutes that can be discussed is their accuracy.

 

18.2    No requirement to sign minutes of previous meeting at special meeting

 

            Where the next meeting of the full Council is a special meeting, the minutes of the previous meeting will be signed at the next ordinary meeting after that special meeting.

 

18.3    Form of minutes

 

            Minutes will contain all motions and amendments in the exact form and order the Chairman put them.

 

19       RECORD OF ATTENDANCE

 

            A record of Councillors attending at a meeting of Full Council will be made by the Head of Paid Service or their representative attending at the meeting.

 

20       EXCLUSION OF PUBLIC

 

            Members of the public and press may only be excluded from a meeting either as provided for in the Access to Information Procedure Rules or in accordance with Council Procedure Rule 22.

 

21       COUNCILLORS’ CONDUCT

 

21.1    Chairman wishes to speak

 

            When the Chairman indicates that they wishes to speak, any Councillor speaking at the time must stop. The meeting must be silent.

 

21.2    Councillor not to be heard further

 

            If a Councillor persistently disregards the ruling of the Chairman by behaving improperly or offensively or deliberately obstructing business, the Chairman may move that the Councillor be not heard further.  If seconded, the motion will be voted on without discussion.

 

21.3    Councillor to leave the meeting

 

            If, in the opinion of the Chairman, a Councillor continues to behave improperly at a meeting, the Chairman may move that either the Councillor should leave the meeting or that the meeting is adjourned for a specified period.  If seconded, the motion will be voted on without discussion.

 

21.4    General disturbance

 

            If there is a general disturbance making orderly business impossible, the Chairman may adjourn the meeting for as long as they think necessary.

 

22       DISTURBANCE BY PUBLIC

 

22.1    Removal of member of the public

 

            If a member of the public interrupts proceedings, the Chairman will warn the person concerned.  If they continue to interrupt, the Chairman may order their removal from the room.

 

22.2    Clearance of part of room

 

            If there is a general disturbance in any part of the room open to the public, the Chairman may call for that part to be cleared.

 

23       RECORDING OF MEETINGS

 

Appendix F will apply to the recording of meeting by members of the public.

 

 

 

 

24       APPOINTMENT OF AND DISCIPLINARY ACTION AGAINST OFFICERS

 

            Where Full Council is to appoint any Officer, or is proposing or considering any disciplinary action against an Officer, then such appointment proposals or consideration shall be carried out in accordance with the Officer Employment and Dismissal Procedure Rules.

 

25       INTERPRETATION OF COUNCIL PROCEDURE RULES

 

The ruling of the Chairman as to any proceedings of the Full Council, shall not be challenged at any meeting.

 

26       SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES

 

26.1    Suspension

 

            Any of these procedure rules except any rule except Council Procedure Rules 17.6, 17.7, and 18.2, may be suspended by a Notice of Motion or without notice if at least half of the whole number of councillors of the Council are present. Suspension can only be for the duration of the meeting. 

 

26.2    Amendment to the Council Procedure Rules

 

            Any motion to add to, vary, or revoke these procedure rules will, when proposed and seconded, stand adjourned without discussion to the next meeting of the Audit Committee unless such addition, variation, or revocation is contained in a report seeking to formally alter the terms of the Constitution.

 

 

COMMITTEES, PANELS AND GOVERNANCE BOARDS

COMMITTEE PROCEDURE RULES

 

 

1          APPLICATION OF COUNCIL PROCEDURE RULES TO COMMITTEES, PANELS, BOARDS, AND SUB-COMMITTEES

 

            All of the following Council Procedure Rules apply, so far as practicable, to meetings of Committees, Panels, Boards, and Sub-Committees (unless expressly specified otherwise in their terms of reference):

 

(a)          Rule 4;

 

(b)          Rules 5–7.2 (excluding Rule 7.1);

 

(c)          15-25 (excluding Rule 15.5 (speaking only once); and in Rule 17.5 (recorded vote) a recorded vote may be requested by three members of a Committee).

 

together with the following additional procedure rules.

 

References to “the Chairman” shall be a deemed to be references to the Chairman of the relevant Committee, Panel, Board, or Sub-Committee.

 

2          ABSENCE OF CHAIRMAN AND VICE-CHAIRMAN

 

In the absence of a Chairman and Vice-Chairman at a Committee or Sub-Committee the remaining Councillors present may move and elect a member of that body to preside at that meeting.

 

3          SPECIAL MEETINGS OF COMMITTEES, PANELS, AND SUB-COMMITTEES

 

 (a)      A special meeting of a Committee, Panel, or Sub-Committee may be called:

 

(i)        by the Chairman of Council;

 

(ii)       by the Chairman of that Committee, Panel, or Sub-Committee;

 

(iii)      at the request of a quarter of the members of the Committee Panel, or Sub-Committee, delivered in writing to the Head of Paid Service, but in no case shall less than five Councillors request a special meeting;

 

(iv)      by the Head of Paid Service; and/or

 

(v)       by the Monitoring Officer or Section 151 Officer where either are of the opinion that a meeting needs to be called to consider a matter that requires a decision. 

 

(b)       The agenda of the special meeting shall set out the business to be considered and, subject to any matters of urgency approved by the Chairman, no business other than that set out in the agenda shall be considered at that meeting.

 

 4.        ATTENDANCE OF COUNCILLORS AT A COMMITTEE/SUB-COMMITTEE

 

(a)       Subject as provided for below a Councillor not appointed to a Committee, Panel, or Sub-Committee may only speak at the invitation of the Chairman of that Committee, Panel, or Sub-Committee.

 

(b)       Any Councillor not appointed to a Committee, Panel, or Sub-Committee attending a meeting of that Committee, Panel, or Sub-Committee shall sit separately from the main body of the Committee, Panel, or Sub-Committee.

 

(c)      Where the Chairman is satisfied that it would not disrupt the conduct of the meeting and the meeting technology can facilitate it, any Councillor not appointed to a Committee, Panel, or Sub-Committee may be present remotely for the purposes of listening to the discussion about an item on the agenda and at the invitation of the Chairman, speaking on that item.  A Councillor present remotely is still bound by the procedure rules relating to their conduct and in particular may be excluded from the meeting by having their remote connection terminated.  Council Procedure Rule 21.3 (Councillor to leave the meeting) shall be read accordingly.  

 

5.         PUBLIC PARTICIPATION TIME

 

            Appendix A - Questions from members of the public explains how the public can ask questions at meetings of Committees and Sub-Committees of the full Council.    

 

6.         ORDER OF BUSINESS OF A COMMITTEE/SUB-COMMITTEE

 

(a)       Subject to any other provisions in the Constitution or as otherwise decided by the Chairman of a relevant Committee, Panel, Board, or Sub-Committee the order of business will normally be to:

 

(i)        elect a person to preside if the Chairman and Vice-Chairman are not present;

 

(ii)       receive any declarations of interest from Councillors;

 

(iii)      approve the minutes of the last meeting;

 

(iv)       receive any questions, petitions, or motions referred to the Committee/Sub-Committee in accordance with the provisions of the Council Procedure Rules/Petition Scheme;

 

(vi)      consider any item of urgency approved by the Chairman for consideration;

 

(vii)     receive any matter referred to it for consideration by Full Council;

 

(viii)    receive any report or recommendations from a Committee or Sub-Committee (as the case may be) and reply to matter(s) arising about it;

 

(ix)      receive and reply to any report or recommendations formally submitted by the Overview and Scrutiny Committee pursuant to its legislative powers in this respect (if any); and

 

(xi)      consider any other business set out in the agenda of the meeting.

 

7          REFERRAL OF A QUESTION, PETITION, OR MOTION TO A COMMITTEE OR SUB-COMMITTEE

 

7.1      General

 

(a)       Where a matter is referred to a Committee or Sub-Committee under these procedure rules/Petition Scheme then that Committee or Sub-Committee shall deal with such matter in accordance with the provisions of these procedure rules/Petition Scheme as if it was being considered by an ordinary meeting of Full Council unless there are express provisions in these rules and Petition Scheme as to how a Committee or Sub-Committee (as the case may be) should deal with such a referral in which event those rules should take precedence.

 

(b)       For the avoidance of doubt nothing in this Rule shall prevent a Committee or Sub-Committee suspending any rule in accordance with Council Procedure Rule 26.

 

7.2      Attending and speaking about a referred matter

 

Where a matter to which Committee Procedure Rule 7.1 applies is referred to a Committee or Sub-Committee of the Council, then if the matter was submitted:

 

(a)       by a member of the public or an organisation then any such person/representative of the organisation shall be given the same right to speak as would have been made available as if the matter was being presented to an ordinary meeting of Full Council; or

 

(b)       by a Councillor, then that Councillor may attend that meeting and shall be given the same right to speak as would have been made available as if the matter was being presented to an ordinary meeting of Full Council, provided that the Councillor shall not be entitled:

 

(i)        to move any motion relating to the matter, but may instead ask any member of the Committee or Sub-Committee to move it, in which case any such member may at their absolute discretion choose to move it or not; or

 

(ii)       to vote on any motion at that Committee or Sub-Committee,

 

unless in either case the Councillor is also an appointed member of the Committee or Sub-Committee to which the referral has been made.

 

8          QUESTIONS BY COUNCILLORS AT COMMITTEES/SUB-COMMITTEES

 

8.1      Any Councillor has the right to ask a question of the Committee Chairman at any ordinary meeting of a Committee or Sub-Committee of the Full Council (excluding the Development Management and Licensing Committees and the Salcombe Harbour Board).  Appendix B - Questions by Councillors will apply to the asking of any Questions.

 

THE EXECUTIVE

 

EXECUTIVE PROCEDURE RULES

 

1.         APPLICATION OF COUNCIL PROCEDURE RULES TO THE EXECUTIVE

 

            All of the following Council Procedure Rules apply, so far as practicable, to meetings of the Executive (unless they are inconsistent with these Executive Procedure Rules):

 

(a)          Rule 4;

 

(b)          Rules 5–7.2 (excluding Rule 7.1);

 

(c)          15-25 (excluding Rule 15.5 (speaking only once); and in Rule 17.5 (recorded vote) a recorded vote may be requested by three members of the Executive)

 

together with the following additional procedure rules.

 

References to “the Chairman” shall be a deemed to be references to the Leader.

 

1.            MEETINGS OF THE EXECUTIVE

 

1.1.       Dates of Meetings

 

(a)          Each year the Executive will decide the programme of meetings of the Executive.  The Leader may direct that a meeting shall be cancelled or held on another date.

 

(b)          A special meeting of the Executive may be called by the Leader or, if absent, the Deputy Leader, or by the Monitoring Officer if he/she considers it necessary or appropriate.

 

1.2.       Business

 

At each meeting of the Executive the following business shall, subject to the remaining provisions of these Executive Procedure Rules, be conducted:

 

(a)          consideration of the record of decision and record of the last meeting;

(b)          declarations of interest, if any;

 

(c)          a statement from the Leader, if any;

 

(d)          any other matters set out in the agenda that are Key Decisions (except those containing confidential or exempt information);

 

(e)          any decisions referred to the Executive for reconsideration;

 

(f)           consideration of any report and/or recommendation from any Overview and Scrutiny Committee;

 

(g)          Questions from Councillors to the Executive; and

 

(h)         other matters set out in the agenda including review of the Forward Plan and other ongoing or outstanding matters.

 

3.         CHAIRING MEETINGS OF THE EXECUTIVE

If the Leader is present they will preside. In their absence, then the Deputy Leader shall preside. If both the Leader and the Deputy Leader are absent, or where they agree, the Executive shall elect another member of the Executive to preside.

 

4.            QUORUM

 

4.1      The quorum for a meeting of the Executive will be no less than half of the total membership (including the Leader or Deputy Leader, if present).

 

4.2      The quorum for a meeting of an Executive Committee will be no less than two members of the Executive.

 

 

5.            AGENDA ITEMS

 

5.1.       Items requested by members of the Executive

 

Any Executive Member may request the Head of Paid Service to place an item of business, which is about a matter for which the Council has a responsibility or which affects the area of the Council, on the agenda of the next available meeting of the Executive.

 

5.2.       Items requested by other Councillors

 

(a)       Any Councillor may ask the Leader to place an item of business about a matter for which the Council has a responsibility or which affects the area of the Council to be placed on the agenda of the next available meeting of the Executive for consideration. The Leader, or in their absence Deputy Leader, has a discretion to limit the number of such items of business at the meeting of the Executive.

 

(b)       Where the Leader has agreed to the Councillor’s request, the Notice of the Meeting shall state the name of the Councillor who requested the item of business to be considered. This Councillor shall be invited to attend the meeting, whether or not it is a meeting in public session.

 

5.3.       Referrals from the Overview and Scrutiny Committee or Council

 

Any item of business resolved by the Overview and Scrutiny Committee or the Council for referral to the Executive shall be placed on the agenda of the next available meeting of the Executive or as soon as practicable after that meeting

 

5.4.       Items by the Head of Paid Service, the Monitoring Officer, or the Section 151 Officer

 

The Head of Paid Service, the Monitoring Officer, or the Section 151 Officer may include one or more items of business for consideration on the agenda of a meeting of the Executive and may require a meeting to be called. If there is no meeting of the Executive in time to deal with the matter in question, then the Head of Paid Service, the Monitoring Officer, or the Section 151 Officer may also require that a meeting be convened at which the matter will be considered.

 

6.            ATTENDANCE AT FORMAL MEETINGS OF THE EXECTIVE

 

6.1.       All Councillors shall be entitled to attend formal meetings of the Executive, or its committees, unless the Executive decides otherwise. In the case of Councillors who are not members of the Executive, where the Executive is satisfied that it would not disrupt the conduct of the meeting and the meeting technology can facilitate it, thisincludes being present remotely for the purposes of listening to the discussion about an item on the agenda and at the invitation of the Chairman, speaking on that item.  A Councillor present remotely is still bound by the procedure rules relating to their conduct and in particular may be excluded from the meeting by having their remote connection terminated.  Council Procedure Rule 21.3 (Councillor to leave the meeting) shall be read accordingly.  

 

6.2.       All members of the Executive will be given notice of all meetings of an Executive Committee and are entitled to attend, whether or not they are members of that committee.

 

6.3.       The Head of the Paid Service, the Section 151 Officer and the Monitoring Officer, and their nominees are entitled to attend any meeting of the Executive and any Executive Committee.

 

6.4.       The Access to Information Procedure Rules set out the rights of access of the press and public to formal meetings of the Executive or its committees.

 

6.5.       Executive Procedure Rule 6 does not apply to meetings where members of the Executive meet in an informal private session for political discussion about forthcoming issues and for Executive Members to be briefed collectively and to give an appropriate steer. Such informal meetings are not formal decision-making meetings of the Executive.

 

7.            SPEAKING AT MEETINGS OF THE EXECUTIVE

 

7.1.       The Chairman of the Overview and Scrutiny Committee is entitled, at any formal public meeting of the Executive, to speak to any matter on the agenda for that meeting.

 

7.2.       Other Councillors may also speak at such meetings with the agreement of the Leader or person presiding in their absence.

 

7.3.       The mover of a Notice of Motion under Council Procedure Rule 12 which has been referred to the Executive for consideration may attend the meeting of the Executive when the motion is under consideration and to explain the motion. The mover of the motion will be advised of the date and time of the meeting when the matter is to be considered and he/she will be sent a copy of the relevant papers

 

8.         QUESTIONS BY COUNCILLORS AT THE EXECUTIVE

 

Any Councillor may ask Questions of the Executive at any ordinary formal meeting of the Executive.  Appendix B - Questions by Councillors will apply to the asking of any Questions.

 

 

9.         KEY DECISIONS AND THE FORWARD PLAN

 

            A Forward Plan of Key Decisions to be taken by the Executive, an Executive Committee, or an individual member of the Executive, will be prepared in accordance with the Access to Information Rules.

 

 

 

 

THE OVERVIEW AND SCRUTINY COMMITTEE

 

 

OVERVIEW AND SCRUTINY PROCEDURE RULES

 

1.         APPLICATION OF COMMITTEE PROCEDURE RULES TO THE OVERVIEW AND SCRUTINY COMMITTEE

 

            All of the Committee Procedure Rules together with the following additional procedure rulesshall apply to the Overview and Scrutiny Committee.

 

References to “the Chairman” shall be a deemed to be references to the Chairman of the Overview and Scrutiny Committee.

 

2.         ORDER OF BUSINESS

 

Subject to any other provisions in the Constitution or as otherwise decided by the Chairman of the Overview and Scrutiny Committee the order of business will normally be to:

 

(a)          Agree the minutes of the last meeting;

 

(b)          declarations of interest;

 

(c)       consideration of the Executive Forward Plan;

 

(d)       the Work Programme;

 

(e)       consideration of any matter referred to the Committee for a decision in relation to the call-in of a decision;

 

(f)        responses of the Executive to reports of the Committee; and

 

(g)       the business otherwise set out on the agenda for the meeting.

 

3.            CHAIRING MEETINGS

 

3.1.       The Chairman and Vice-Chairman of the Overview and Scrutiny Committee are to be appointed by the Council based on ability and expertise without reference to party political affiliation.

 

3.2.       In the absence of the Chairman or Vice-Chairman Council Procedure Rule 4.3shall apply.

 

4.            CO-OPTEES

 

The Overview and Scrutiny Committee and its sub-committees can include people who are not Councillors.  Appendix E - Arrangements for Substitutes and Co-optees determines how people will be co-opted onto the Overview and Scrutiny Committee. 

 

 

5.            WORK PROGRAMME

 

The Overview and Scrutiny Committee will be responsible for setting its overall Work Programme.

 

6.            AGENDA ITEMS

 

6.1.       Rights of Councillors to have matters put on the agenda of the Committee

 

(a)          Any Councillor shall be entitled to give written notice to the Head of Paid Service that they would like an item relevant to the functions of the Overview and Scrutiny Committee, but not being an excluded matter to be included on the Work Programme.  The notice must specify the item and the reasons why the Councillor would like the item included.  The reasons should be relevant to the overview and scrutiny function.

 

(b)          The Head of Paid Service will ensure that request is included on the next available agenda and will inform the Chairman. The Overview and Scrutiny Committee will discuss the reasons for the request and the item will only be included on the Work Programme if the Overview and Scrutiny Committee agrees that the reasons are sufficient to justify the item being included.

 

(c)          If a request for an item to be included on the Work Programme is agreed, the item will be included on the first reasonably scheduled meeting of the Overview and Scrutiny Committee.

 

6.2.       Requests from Council and the Leader/Executive

 

Full Council and the Leader/the Executive, may request that any matter is included on the agenda of the Overview and Scrutiny Committee and the Overview and Scrutiny Committee shall include the request in its work programme.

 

7.            REPORTS AND RECOMMENDATIONS

 

7.1.       Once it has formed proposals, the Overview and Scrutiny Committee will submit a formal report, including recommendations for consideration by the Leader/Executive (if the proposals relate to an executive function and are consistent with the existing budget and policy framework), or to the Council as appropriate.

 

7.2.       The Council or Leader/Executive shall consider and respond to the report and/or recommendations of the Overview and Scrutiny Committee, indicating what (if any) action is proposed within two months of the report being submitted.

 

7.3.       Where the Overview and Scrutiny Committee submit a report for consideration by the Executive on a matter where the Leader has delegated decision-making power to a Portfolio Holder, the report will be submitted to them for consideration. The Portfolio Holder must consider the report and respond in writing to the Overview and Scrutiny Committee within two months of receiving it. The Portfolio Holder will also attend a future meeting of the Overview and Scrutiny Committee to present their response if requested to do so.

 

8.            FAILURE TO CONSIDER REPORT

 

In the event that Leader/Executive fails to consider and to respond to the Overview and Scrutiny Committee within two months of the report being submitted, the Chairman of the Overview and Scrutiny Committee shall be entitled to refer the matter to the next meeting of the Full Council.

 

9.            RIGHTS OF OVERVIEW AND SCRUTINY COMMITTEE MEMBERS TO DOCUMENTS

 

In addition to their rights as Councillors, members of the Overview and Scrutiny Committee or sub-committee have the right to documents and to notice of meetings as set out in the Access to Information Procedure Rules.

 

10.         COUNCILLORS AND OFFICERS GIVING ACCOUNT

 

10.1.    The Overview and Scrutiny Committee may scrutinise and review decisions made, or actions taken, in connection with the discharge of any Council functions. As well as reviewing documentation, it may require any officer or Executive Member to attend a meeting to answer questions.  This will normally be confined to the Leader, any Portfolio Holder, the Head of Paid Service, and any statutory or chief officer.  Attendance by officers below these will require the prior agreement of the Head of Paid Service.

 

10.2.    Where the Leader, Portfolio Holder, or officer is required to attend an overview and scrutiny body under this Rule, the Democratic Services Manager shall inform the Executive Member or officer in writing, giving sufficient notice of not less than 10 working days. The notice will state the nature of the matter on which the Executive Member or officer is required to give an account and whether any written evidence needs to be produced for the meeting. Sufficient notice should be given to allow reasonable time to produce the written evidence.

 

10.3.    Where a specific request has been made, it is the duty of those persons to attend, if so required, unless they have a reasonable excuse for being unable to attend.

 

11.         ATTENDANCE BY OTHERS AND EVIDENCE GATHERING

 

11.1    The Leader/Executive has a standing invitation to attend any meeting of the Overview and Scrutiny Committee.

 

11.2    The Overview and Scrutiny Committee may appoint advisors and invite people to attend at their meetings to provide information. Attendees at a meeting should be treated with respect and courtesy.

 

12.         CALL-IN

 

12.1.    Call-in should only be used in exceptional circumstances.

 

12.2.    When a decision is made by the Leader/Executive, Portfolio Holder, or an Executive Committee, or is made by an officer with delegated authority or under executive joint arrangements, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council normally within two days of being made. The Chairman of the Overview and Scrutiny Committee will be sent copies of the records of all such decisions within the same timescale, by the person responsible for publishing the decision.

 

12.3.    The decision notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, subject to the provisions of this Rule on the expiry of five clear working days after the publication of the decision.

 

12.4.    If the Chairman, any three members of the Overview and Scrutiny Committee, or any four other Councillors consider that a Key Decision has breached or will breach the principles for good decision-making or a decision has been made that was not treated as being a Key Decision, they may give a written call-in notice to the Head of Paid Service.  The call-in notice shall identify the decision to be called-in and the grounds for the call-in.

 

12.5.    If the Head of Paid Service is satisfied that there are reasonable grounds for the proposed call-in, they will notify the decision-maker of the call-in within five clear working days.   The Head of Paid Service will arrange for a meeting of the Overview and Scrutiny Committee to be held.  The meeting will be held as soon as reasonably practicable after receipt of the call-in notice. 

 

12.6.    If, having considered the decision, the Overview and Scrutiny Committee is concerned about it, then:

 

12.6.1.      in the case of a decision that was not treated as being a Key Decision, the Committee may require the decision-maker to submit a report to Full Council within such reasonable period as it may specify setting out the particulars of the decision, the reasons for the decision, and if the decision-maker considers that the decision was not a key decision, the reasons for that opinion; or

 

12.6.2.      in the case of a Key Decision, the Committee may refer it back to the decision-making person or body for reconsideration, setting out in writing the nature of its concerns, or refer the matter to Full Council. If referred to the decision-maker they shall then reconsider within a further five working days, amending the decision or not, before adopting a final decision.

 

12.7.    If, having considered the decision, the Overview and Scrutiny Committee is not concerned about it, then the decision will come into force, and may then be implemented immediately.

 

12.8.    If the decision was referred to Full Council and the Council:

 

12.8.1.      does not object to a decision which has been made, then no further action is necessary and the decision will come into force and may then be implemented immediately.

 

12.8.2.      objects to the decision, then the decision will be referred back to the decision-making person or body, together with the Council’s views on the decision. That decision-making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it.

 

12.9.    Where the decision that has been called-in was taken by the Executive as a whole or a committee of it, a meeting will be convened to reconsider the Council’s view as soon as reasonably practicable.

 

12.10. Where the decision was made by an individual, the individual will reconsider within five working days of the Council request.

 

13.         EXCEPTIONS TO CALL-IN

 

Call-in will not apply to the following decisions:

 

(a)          non-executive decisions, e.g. individual planning decisions;

 

(b)          executive decisions made by Area Committees (if any);

 

(c)          decisions made on any appeal;

 

(d)          decisions already called-in once;

 

(e)          non-key decisions made by officers; and

 

(f)           urgent decisions (subject to compliance with Overview and Scrutiny Procedure Rule 14).

 

14.         URGENT DECISIONS EXCLUDED FROM CALL-IN

 

14.1.    The call-in procedure set out in Overview and Scrutiny Procedure Rule 13 shall not apply where the decision being taken by the Council, Leader/Executive, or officer is urgent. The record of the decision, and notice by which it is made public, shall state whether in the opinion of the decision-making person or body, the decision is an urgent one, and therefore not subject to call-in.

 

14.2.    The Chairman of the Overview and Scrutiny Committee must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chairman, the Chairman of the Council or, in their absence, the Vice-Chairman of Council must agree.

 

14.3.    Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.

 

14.4.    For the purposes of this Rule a decision will be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interests.

 

 

15.         MONITORING AND REVIEW OF CALL-IN RULES

 

The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council by the Democratic Services Manager with proposals for review if necessary.

16.         THE PARTY WHIP

 

There is a presumption that a party whip shall not be applied to matters considered by Councillors when engaged in overview and scrutiny.

 

APPENDIX A – Questions from members of the public

 

A1.      As part of every ordinary meeting of the Full Council (other than the Annual meeting), the Executive or a Committee (other than the Development Management, Licensing, or Audit Committees, or the Salcombe Harbour Board) a period of time will be set aside for any member of the public living or working within the Council’s area; and any appointed representative of any organisation operating within the Council’s area to ask a question of the:

 

(a)       Leader or Portfolio Holder; or

 

(b)       the Committee Chairman.

 

A2.      In the case of a special meeting of the Full Council, a Committee (other than the Development Management Committee), or the Executive questions from any member of the public living or working within the Council’s area; and any appointed representative of any organisation operating within the Council’s area to the Leader, Portfolio Holder, or the Committee Chairman, will only permitted if the Monitoring Officer is satisfied they specifically relate to the business for which the special meeting has been arranged.

 

A3.      Time for public questions

 

(a)       A period of 15 minutes will be set aside at each meeting to receive and reply to any questions from members of the public or appointed representatives. 

 

(b)       The Chairman may increase the period for the asking of questions, or receiving petitions if, in the Chairman’s opinion, the importance of the issue raised merits it and to do so would not have an adverse impact on the efficient running of the meeting.

 

A4.      Number and duration of questions

 

No person or organisation may ask more than one question in total during public participation time. Sub-divided questions will count towards this total.

 

A5.      Notice of questions

 

A question, which must be limited to 50 words and not be broken down into multiple parts, may only be asked if notice has been given in writing or by email to the Head of Paid Service before 1pm three clear days before the meeting at which it is to be asked. The notice must include:

 

(a)       the name and address of the person wanting to ask the question;

 

(b)       the title of the Councillor to whom the person would prefer it to be directed (if any); and

 

(c)       the text of the question.

 

A6.      Scope of questions

           

(a)       Questions must be about items appearing on the published agenda for the meeting.  The Monitoring Officer in consultation with the Head of Paid Service may reject any question if the Monitoring Officer considers that it:

 

(i)        is about a matter that is not on the published agenda;

 

(ii)       is defamatory, frivolous or offensive;

 

(iii)      is substantially the same, or is about a subject which is substantially the same, as a question that has been asked/received at a meeting of the Council in the past six months;

 

(iv)      has already been answered or dealt with through other mechanisms or procedures, such as the Council’s complaints procedure or the Local Government and Social Care Ombudsman;

 

(v)       requires the disclosure of confidential or exempt information;

 

(vi)      is about any standards, planning, or licensing matter or similar such matters;

 

(vii)     is about any on-going investigation; and/or

 

(viii)    is otherwise inappropriate for such a question to be asked.

 

(b)       If the Monitoring Officer decides that a question cannot be asked at the meeting then the reason why not will be sent to the person seeking to raise it.

 

A7.      Identification of who will reply

 

(a)       The Chairman in consultation with the Head of Paid Service shall decide the most appropriate Councillor to reply to any question where a reply is needed.  If this differs from that identified by the person presenting the question then this shall be identified before the question is read.

 

(b)       The Head of Paid Service will arrange for each question that is to be presented to be given to any Councillor who is to reply as soon as reasonably practicable following its receipt.

 

 

 

 

A8.      Order of questions

 

Questions will be taken in the order in which notice of them was received except that the Chairman may also decide to group together similar questions.

 

A9.      Asking the question at the meeting

 

(a)        A copy of every question to be read at Full Council will normally:

 

(i)         be circulated to Councillors at the meeting;

 

(ii)        be made available to the public attending the meeting; and

 

either recorded verbatim in the minutes or summarised.

 

(b)       The Chairman will invite the person presenting the question to ask it. 

 

A10.    Discussion and referral of questions

 

(a)       There will be no discussion on matters raised by questions by the public unless the Chairman decides otherwise. 

 

(b)       Any Councillor may suggest that a question which is within the terms of reference of the Executive or a Committee might be better dealt with by the Executive or the Committee.  If the Chairman agrees, the Chairman may direct that the question is referred to the Executive or such Committee as the Chairman considers appropriate and the Head of Paid Service will arrange for the question to be included on the next suitable agenda.

 

A11.    Replying to a question

 

(a)       A reply to any question shall take such form as the Councillor replying considers appropriate, including:

 

(i)           an oral reply;

 

(ii)          where the information is in a Council publication or other published work, a reference to that publication;

 

(iii)         a referral of the matter to the Executive, a Committee, or Sub-Committee for consideration; or

 

(iv)         where a reply cannot be given at the meeting, a written reply to the person asking the question.

 

(b)       The Councillor need not reply to a question where they consider it to be inappropriate to reply.

 

 

A12.    Supplementary question

 

Where a reply has been given to a question/statement no supplementary questions will be permitted

 

A13.    Inability to present a question

 

(a)       If the person asking the question is unable to attend the meeting, the Chairman may decide that a written reply will be given to the question or that the question will not be dealt with.

 

(b)       Any question which cannot be dealt with during public participation time, whether because of lack of time or the non-attendance of the Councillor who was to reply, will be dealt with by giving a written reply within a reasonable timescale. 

 

(c)       Where written reply is given to a question the Head of Paid Service will arrange for the question and any reply to be copied to all Councillors.

 

 

APPENDIX B – Questions by Councillors

 

B1.      As part of every ordinary meeting of the Full Council (other than the Annual Meeting), the Executive, or a Committee (other than the Development Management, Licensing, or Audit Committees, or the Salcombe Harbour Board) a period of time will be set aside for any Councillor to ask a question on notice of the:

 

(a)       Leader or Portfolio Holder; or

 

(b)       Committee Chairman (as relevant to the meeting).

 

B2.      In the case of a special meeting of the Full Council, a Committee, or the Executive no period of time will be set aside for questions on notice by Councillors.

 

B3.      Time for questions

 

(a)       A period of 15 minutes will be set aside at each meeting to receive and reply to any questions from Councillors. 

 

(b)       The Chairman of the meeting may increase any of the period for the asking of questions if in the Chairman’s opinion, the importance of the issue raised merits it and to do so would not have an adverse impact on the efficient running of the meeting.

 

B4.      Number and duration of Questions

 

There is no limit on the number of Questions on Notice that a Councillor may ask during Councillors’ Question time.

 

B5.      Notice to be given of Questions

 

A Question may only be asked if notice has been given in writing or by email to the Head of Paid Service before 1pm seven clear working days before the meeting at which it is to be asked.  Each notice must include:

 

(a)       the title of the Councillor to whom the Councillor would prefer it to be directed (if any); and

 

(b)       the text of the Question.

 

B6.      Scope of Questions

           

(a)       Questions must be limited to 50 words, not be broken down into multiple parts, and must be about matters within the responsibility of the Full Council, the Committee, or the Executive as the case may be. 

 

(b)       The Monitoring Officer in consultation with the Head of Paid Service may reject any Question if the Monitoring Officer considers that it:

 

(i)         is defamatory, frivolous or offensive;

 

(iii)      is substantially the same, or is about a subject which is substantially the same, as a question that has been asked/received at a meeting of the Council, the Committee, or the Executive in the past six months;

 

(iv)      has already been answered or dealt with through other mechanisms or procedures such as the Council’s complaints procedure or the Local Government and Social Care Ombudsman;

 

(v)       requires the disclosure of confidential or exempt information;

 

(vi)      is about matters that the Council does not have any powers or statutory duties;

 

(vii)        is about any standards, planning, or licensing matter, or similar such matters;

(viii)    is about any on-going investigation; and/or

 

(ix)      is otherwise inappropriate for such a Question to be asked.

 

(c)       If the Monitoring Officer decides that a Question cannot be asked at the meeting then the reason why not will be sent to the Councillor seeking to raise it.

 

B7.      Identification of who will reply

 

(a)       The Leader or Chairman (as appropriate) in consultation with the Head of Paid Service shall decide the most appropriate Councillor to reply to any Question where a reply is needed.  If this differs from that identified by the person presenting the Question then this shall be identified before the question is read.

 

(b)       The Head of Paid Service will arrange for each Question to be given to any Councillor who is to reply as soon as reasonably practicable following its receipt.

 

B8.      Order of questions

 

Questions will be printed on the agenda and taken in the order in which notice of them was received.  Where a Councillor has however given notice of more than one Question, the second or further Question will be taken after all those Councillors who have given notice of a Question have had the opportunity of asking their first Question.  The Chairman may however decide to group together similar questions.

 

 

B9.      Asking and Replying to the Question at the meeting

 

(a)       A copy of every Question together with the answer (unless an oral answer is to be given) will normally:

 

(i)           be circulated to all Councillors before 10am on the day of the meeting;

 

(ii)        be made available to the public attending the meeting; and

 

either recorded verbatim in the minutes or summarised.

 

(b)       Questions and the answers that have been circulated before the meeting will be taken as read. 

 

B10.    Supplementary question

 

The Councillor asking the Question shall be entitled to ask one supplementary question.  The supplementary question must relate to the answer given to the original Question.

 

B11.    Discussion and referral of Questions

 

(a)       Subject to paragraph B10, there will be no discussion on matters raised by Questions by Councillors unless the Chairman decides otherwise. 

 

(b)       Any Councillor may suggest that a Question which is within the terms of reference of the Executive or a Committee might be better dealt with by the Executive or the Committee.  If the Chairman agrees, the Chairman may direct that the question is referred to the Executive or such Committee as the Chairman considers appropriate and the Head of Paid Service will arrange for the question to be included on the next suitable agenda.

 

B12.    Inability to reply to a Question

 

(a)       Any Question which was to be answered orally cannot be dealt with during Councillors Questions, whether because of lack of time or the non-attendance of the Councillor who was to reply, will be dealt with by giving a written reply within a reasonable timescale. 

 

(b)       Where written reply is given to a Question the Head of Paid Service will arrange for the question and any reply to be copied to all Councillors.

 

 

APPENDIX C –Notices of Motion

 

C1.      As part of every ordinary meeting of the Full Council (other than the Annual Meeting) a period of time will be set aside for Councillors to debate Notices of Motion.

 

C2.      In the case of a special meeting of the Full Council, no period of time will be set aside for Councillors to debate Notices of Motion.

 

C3.      Time for Notices of Motion

 

(a)       A period of 45 minutes will be set aside at each meeting to debate notices of motion. 

 

(b)       The Chairman of the meeting may increase any of the period for debating notices of motion if in the Chairman’s opinion, the importance of the issue raised merits it and to do so would not have an adverse impact on the efficient running of the meeting.

 

C4.      Number of Notices of Motion

 

There is no limit on the number of Notices of Motion that a Councillor may propose for debating during the time set aside for Notices of Motion.

 

C5.      Notice of Motion

 

(a)       A Notice of Motion is a proposal of which written notice has been given by any two Councillors to the Head of Paid Service before 1pm seven clear working days before the meeting and which in the opinion of the Monitoring Officer:

 

(i)        is about a topic or issue related to the responsibilities of the Full Council or which directly affects the Council;

 

(ii)          is clearly identifiable as a Notice of Motion;

 

(iii)         identifies which of the two Councillors is to be the Proposer and which is to be the Seconder; and

 

(iv)         is signed by the Councillors submitting it (unless submitted by e-mail) and the date it was submitted to the Head of Paid Service; but

 

(v)          does not relate to the personal affairs or conduct of any individual Councillor or Officer; nor

 

(vi)         contain defamatory, inappropriate or inflammatory language.

 

(b)       A Notice of Motion may be debated despite written notice not having been given under Paragraph C5(a) if in the opinion of the Monitoring Officer the Notice of Motion is about an urgent matter and the Notice of Motion was put in writing and given to the Head of Paid Service as soon as reasonably practicable before the meeting.

 

C6.      Where Notice of Motion is to be considered and order in which to be considered

 

(a)       Unless Paragraph C6(b) applies, a Notice of Motion will normally be considered at the next ordinary meeting of Full Council.  The Notice of Motion may be considered at a later ordinary meeting if the Councillors who submitted it prefer and the Chairman of Council considers this appropriate.

 

(b)       Where the Head of Paid Service considers that a Notice of Motion is about a matter within the terms of reference of the Executive or a Committee then, subject to prior discussion with the Chairman of Council, the Head of Paid Service may arrange for the Notice of Motion not to be included on an agenda for the Full Council, but included on the next suitable agenda of the Executive or the Committee.

 

(c)       Subject to Paragraph C6(d), Notices of Motion will be listed on the relevant agenda in the order they have been received unless the Chairman considers a different order is appropriate.

 

(d)       Where a Councillor has submitted more than one Notice of Motion, the second and any subsequent Notice of Motion will be listed after all those Councillors who have submitted a Notice of Motion have had their first Notice of Motion listed.

 

C7.      Presenting a Notice of Motion

 

The Councillor identified in the Notice of Motion as the Proposer will read out Notice of Motion and propose it.  In the absence of the Proposer or if the Proposer declines to read it then the Notice of Motion shall be dealt with as the Chairman considers appropriate.

 

C8.      Consideration of a Notice of Motion

 

(a)       If a Notice of Motion is not:

 

(i)        moved either by the Proposer of it or where the Chairman considers it appropriate, by one of the other signatories on the Proposer’s behalf; and

 

(ii)       seconded,

 

then unless postponed by consent of the Chairman, it shall be treated as withdrawn and may not be moved without a new notice. This will also apply to Notices of Motion that are unable to be moved due to the expiration of the time period allowed under paragraph C3(a) or any extension of that period under paragraph C3(b).  Accordingly, there will no rolling-over of Notices of Motion from one meeting to the next.

 

(b)       A Notice of Motion shall not be debated unless it is both moved and seconded.  If it is both moved and seconded then the normal rules of debate as set out below shall apply.

 

C9.      Notice of Motion referred to a Committee

 

(a)       If a Notice of Motion has been referred to the Executive or a Committee, the Executive or the Committee shall report on it to the next suitable meeting of Full Council.  The report shall be presented by the Leader or the Committee’s Chairman during that part of the Full Council meeting set aside to consider Notices of Motions.

 

(b)       When the report has been presented, the Notice of Motion shall be read to the meeting.  If the Notice of Motion is not proposed and seconded it shall fall and shall not be considered further without the submission of a new Notice of Motion.

 

(c)       If the Executive or Committee decided that a different motion to the Notice of Motion should be considered by Full Council then:

 

(i)        if the Notice of Motion is proposed and seconded, the Leader or Committee Chairman shall propose the alternative motion as an amendment.  If that is proposed and seconded it shall be debated and voted upon under the rules of debate (see Council Procedure Rule 16 or Appendix D); or

 

(ii)       if the Notice of Motion is not proposed and seconded then the Leader or Committee Chairman shall move the alternative motion identified by the Committee.  Such a motion may be moved without notice.  If seconded it shall be debated and voted upon under the rules of debate (see Council Procedure Rule 16 or Appendix D).

 

(d)       Any amendment to either motion if it has been moved and seconded shall be debated and voted upon under the rules of debate (see Council Procedure Rule 16 or Appendix D).

 

APPENDIX D – Flowchart for the Rules of Debate

 

 

 

 

 

APPENDIX E - Arrangements for the appointment of substitutes and co-opted persons to Committees, Panels, and Boards

 

E1.      Substitutes

 

(a)          Unless there is express provision to the contrary every Committee, Panel, Board, and Sub-Committee shall have the right to have substitutes appointed to it for the purposes of any meeting. 

 

(b)          In relation to Councillors, arrangements for any substitute shall normally be made:

 

(i)            by the group leader of the Councillor for whom the substitution is being sought; or

 

(ii)          if the group leader is unavailable/absent, or it is not practical for the group leader to do so, then by any person appointed as a deputy for that group leader,

 

by giving notice to the Democratic Services Manager as soon as practicable and no later than 4pm on the working day before the meeting.  In the event of advance notification not being provided/received then the substitute shall not be treated as a member of the Committee, Board, Panel, or Sub-Committee for the purposes of being able to speak or vote.

 

(c)          A substitute for a Councillor may only be from the same political group as the Councillor for whom the substitution is being made.

 

(d)          A Councillor may not be appointed as a substitute to the Development Management Committee or to the Licensing Committee unless they have undertaken appropriate training.

 

(e)          In the case of any appointment of a person to a Committee, Panel, or Board who is not a Councillor then there shall be no power to appoint a substitute unless expressly provided for below or the law otherwise requires.  Where a substitute for a non-Councillor is permitted, the substitute shall be notified to the Democratic Services Manager as soon as practicable in advance of the meeting of the Committee, Panel, or Board and in any event no later than 4pm on the working day before the meeting.

 

E2.      Co-opted persons

 

Where any Committee, Panel, Board, or Sub-Committee described in the Scheme of Delegation has persons who are not Councillors forming part of it, then unless the provisions identify otherwise, or the law otherwise requires, Committee, Panel, Board, or Sub-Committee may appoint its non-members.

 

APPENDIX F – Use of mobile phones, social media, filming and recording at meetings

F1.      Introduction

(a)       It is important that Councillors who are members of the meeting can concentrate fully on proceedings and these Councillors must not be distracted by any filming and recording   Accordingly, this protocol provides guidance to members of the public, press and Councillors on the use of mobile phones, social media and on filming and recording at all formal meetings of the Council (including the Executive, Committees and Sub-Committees).

(b)       Social media refers to the use of web-based technologies to share information and to interact with online communities, e.g. blogs, Twitter, Facebook.

F2.      General

(a)       While no prior permission is required, as a courtesy, anyone proposing to film, record or take photographs during a meeting is requested to tell the Democratic Services Team before the start of the meeting and to provide their name and contact details.

(b)       The Council expects those recording the proceedings:

(i)        Not to edit the film/recording photographs in a way that could lead to misinterpretation or misrepresentation of the proceedings. This includes refraining from editing an image or views expressed in a way that may ridicule or show a lack of respect towards those being photographed/recorded or filmed;

(ii)       To comply with any request of a member of the public not be to filmed, recorded or photographed;

(iii)      Not to provide an oral commentary during the meeting as this could be disruptive; and

(iv)      Not to use flash photography.

(c)       If any person wanting to film, record or photograph a meeting, intends to bring large equipment or has any special requirements, they should contact the Democratic Services Team in advance of the meeting, where possible, for any necessary arrangements or adjustments to be made.

F3.      Filming, Photographing and Recording of Meetings

(a)       The filming, photographing or recording of Council meetings or other meetings that are open to the public, and use of social media at those meetings, is allowed, providing it does not disrupt or disturb the conduct of the meeting. The Chairman’s decision on whether or not the meeting is being disrupted or disturbed is final. If the Chairman decides that the meeting is being disrupted or disturbed, the Chairman can require the filming, photographing recording or use of social media to stop.

(b)       All those filming a meeting are requested to only focus on recording councillors, officers and the public who are directly involved in the conduct of the meeting.

(c)       If a meeting passes a motion to exclude the press and public then, in conjunction with this, all rights to film, video photograph or record the meeting are removed.

(d)       The Council does not accept liability for any equipment that may be lost, stolen or damaged at any of its meetings that are open to the public.

F4.      Filming Members of the Public

(a)       At the beginning of the meeting, the Chairman will announce that the meeting will be filmed, recorded or photographed and will ask if anyone objects to this.

(b)       In the case of members of the public speaking at meetings (at the Development Management Committee, for example) the Chairman will ask each individual to give their express permission to being filmed and they are not to be filmed if they object.

F5.      Use of Mobile Devices and Social Media

(a)       To minimise disruption to others attending the meeting, all those attending the meeting including Councillors must ensure that their phone or other mobile device is switched off or set to silent mode during the meeting.

(b)       The use of social media in formal meetings is permitted for members of the public, press and Councillors, so long as this does not cause any disruption or disturbance. The Chairman’s decision is final.

(c)       No Councillor in attendance, whether a decision-maker or observer, is permitted to use social media or mobile devices during a private session (when the press and the public are excluded), or to disclose in any way the content of the items under discussion.

(d)       The Councillors’ Code of Conduct will apply when using social media. Inappropriate comments made during a meeting could open Councillors to potential complaints or investigation under the Code of Conduct.

F6.      Legal Responsibility

Recording and reporting the Council’s meetings is subject to the law and it is the responsibility of those doing the recording and reporting to ensure compliance. This will include the Human Rights Act 1998, the Data Protection Act 2018 and the laws of libel and defamation.