Constitution

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.	Audit and Governance Committee	7 Councillors. The Chairman cannot be the chairman or vice-chairman of another committee.
1.2.1	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 Audit and Governance (Assessment) Panel Assessment Panel may be a member of the Sub-Committee hearing the outcome of the investigation into the same complaint.
1.3	Council Tax Setting Committee	4 Councillors
1.4	Development Management and Licensing Committee	10 Councillors. A new member appointed to Development Management and Licensing Committee must not take part in or vote on any decision made by Development Management and Licensing Committee until they have attended at least one training session on planning and licensing related topics.
1.4.1	Licensing Sub-Committee	3 Councillors from the membership of the Development Management and Licensing Committee
1.5	Hub Committee	9 Councillors including the Leader of the Council. No substitutes are allowed.
1.6	The Overview and Scrutiny Committee	15 Councillors No member of the Hub Committee can be a member of the Committee.
1.7.	PATROL Joint Committee	1 Councillor from each member authority
1.8	Regeneration and Investment Committee	3 Councillors including the Lead Member whose responsibilities include resources and finance. The Lead Member shall chair meetings

The Council also has the following governance boards/panels:

Ref	Governance boards/ Advisory Panels	Membership/Council representation
1.9	Audit and Governance (Assessment) Panel	3 Councillors selected by the Monitoring Officer from the membership of the Audit and Governance Committee
1.10	Devon Building Control Partnership	2 Councillors from each member authority
1.12	Joint Local Plan Partnership Board	2 Councillors from each member authority
1.13	Tamar Valley AONB Partnership	1 Councillor
1.14	Waste Partnership Board	2 Councillors
1.15	Thematic Advisory Groups	These will be set up by the Council from time to time and led by the relevant Lead Member

Table 2: Responsibility for Council Functions – decision-making bodies

Ref	Decision-making body	Function	Delegation of function
2.1	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 4 and 5
2.2		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 4 and 5
2.3		Byelaws The exercise of powers relating to byelaws	See Tables 4 and 5
2.4		Community Governance	See Tables 4 and 5
2.5		Elections and Electoral Registration The exercise of powers relating to elections.	See Tables 4 and 5
2.6		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 etc Act 1974, to the extent that those functions are discharged otherwise than in the Council’s capacity as employer.	See Tables 4 and 5
2.7	Audit and Governance Committee	Functions relating to audit, the regulatory financial framework and accounting policies	See Tables 4 and 5
2.8	Audit and Governance Committee	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 4 and 5
2.8.1	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 that have been investigated.	See Tables 4 and 5
2.9	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.
2.10	Development Management and Licensing Committee	Planning and Conservation Functions relating to Town and Country Planning, conservation and listed buildings and development control	See Tables 4 and 5
2.11		Trees and Hedgerows The exercise of powers relating to the preservation of trees and protection of important hedgerows	See Tables 4 and 5
2.12		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 4 and 5
2.13		Rights of Way The exercise of powers relating to public rights of way.	See Tables 4 and 5
2.14		Licensing Act 2003, Taxis and other miscellaneous licensing matters 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 Taxi, gaming, entertainment, food and miscellaneous licensing	See Tables 4 and 5
2.14.1	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 4 and 5
2.15	Hub Committee	To carry out all those functions and make decisions on all matters not reserved to the full Council, a committee or sub-committee. To propose and review the Budget and Policy Framework
2.16	Overview and Scrutiny Committee	To carry out the overview and scrutiny functions under the Local Government Act 2000.
2.17	PATROL Joint Committee	To provide independent adjudication under the Traffic Management Act 2004 in respect of off-street parking	See Tables 4 and 5
2.18	Regeneration and Investment Committee	To evaluate proposals for the acquisition of assets in accordance with the Council’s Regeneration and Investment Strategy and to make recommendations on any proposals.

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

Ref	Governance board/ advisory panel	Function
3.20	Audit and Governance (Assessment) Panel	To be consulted by the Monitoring Officer when making an initial assessment of complaints under the Council’s Code of Conduct and Town and Parish Codes of Conduct.
3.21	Devon Building Control Partnership	To oversee the delivery of building control services, value for money and performance of the Partnership and the Host Council
3.22	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
3.23	Rate Relief Panel	To be consulted by the Section 151 Officer on applications under the Locally Administered Business Rate Relief Policy.
3.24	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
3.25	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: Functions delegated to Officers

Ref	Functions	Conditions
PART A – General delegations
All Officers
4.1.	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 5
4.2.	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 5
The Head of Paid Service and all Directors (individually a Chief Officer” and collectively “Chief Officers” where the context requires)
4.3.	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 5
4.4	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 5
4.5	To manage disciplinary matters.	See Table 5
4.6	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 5
4.7	To vire within revenue budget blocks and between capital schemes within approved limits.	See Table 5
4.8	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 5
4.9	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 5
4.10	To authorise the write-offs of stocks and stores deficiencies in accordance with the Financial Rules and Scheme of Financial Delegation.	See Table 5
4.11	To deal with the media in accordance with Council Policy .	See Table 5
4.12	To submit responses to consultation papers	See Table 5
4.13	To make ex gratia payments up to £10,000 to resolve justifiable complaints.	See Table 5
4.14	To incur reasonable expenses by way of hospitality.	See Table 5
4.15	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 Lead Member and Leader of the Council	See Table 5
	In relation to Enforcement
4.16	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 5
4.17	To authorise officers to exercise rights of entry to land and premises	See Table 5
4.18	Each Chief Officer shall have the responsibility for those powers from the delegations listed below which relate to their functional areas
	Assets
4.19	To manage the Council’s property and engineering assets. To undertake the Council’s asset management functions.	See Table 5
	Building Control
4.20	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 5
4.21	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 5
4.22	To act as a building authority.	See Table 5
4.23	To fix, vary, recover and advertise charges	See Table 5
4.24	To authorise and serve building control enforcement notices and to authorise officers to exercise rights of entry to land and premises.	See Table 5
	Business Development
4.25	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 Lead Member	See Table 5
	Car Parking
4.26	To operate and manage off street car parks including the authorisation of/or taking of enforcement action where appropriate	See Table 5
	Conservation of Historic Buildings
4.27	To administer and operate any Historic Building Grant Scheme	See Table 5
4.28	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 and Licensing 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 and Licensing Committee,	See Table 5
	Food Safety Services, Health Services and Environmental Services
4.29	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 5
4.30	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 5
4.31	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 5
	Housing Functions
4.32	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 5
4.33	To certify Housing Corporation and Registered Social Landlords.	See Table 5
4.34	To administer and manage the Council’s homelessness functions and the Housing Register.
	Land Charges
4.35	To act as the Registrar of Local Land Charges	See Table 5
	Land Drainage
4.36	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 5
	Land Ownership
4.37	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 5
4.38	To authorise the renewal and termination of commercial leases protected by Part 2 of the Landlord and Tenant Act 1954	See Table 5
4.39	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 5
4.40	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 5
4.41	To authorise the freehold acquisition or disposal of any land	See Table 5
4.42	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 5
	Markets and Fairs
4.43	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 Lead Member; and (d) the authorisation of or the taking of enforcement action where appropriate.	See Table 5
4.44	To operate and manage fairs including the authorisation of or taking of enforcement action where appropriate.	See Table 5
	Transport
4.46	To maintain the Council’s fleet of vehicles, including lease cars, in accordance with the Construction and Use Regulations 1986;	See Table 5
4.47	To dispose of all used assets with regards to transport, plant and equipment owned by the Council	See Table 5
All Heads of Service
4.48	Operational decisions. To take all steps necessary to deliver the services for which they are responsible.	See Table 5
4.49	People Management. To manage and deal with all people, welfare, inclusivity and training issues below Director level within their service area .	See Table 5
PART B – Additional delegations to specific officers
Chief Executive
4.50	To act as Head of Paid Service under and for the purposes of section 4 of the Local Government and Housing Act 1989.
4.51	To determine the terms and conditions of service of the Deputy Chief Executive, and Chief Officers.	See Table 5
4.52	To undertake the functions of the Council in relation to elections.
4.53	To be the Electoral Registration Officer and to appoint Deputy Electoral Registration Officers.
4.54	To be the Returning Officer and to appoint Deputy Returning Officers for elections to the Borough Council and Parish Councils within the Borough.
4.55	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 5
4.56	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 portfolio folder 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
4.57	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.
4.58	To be responsible for, and do anything required for the proper administration of the financial affairs of the Council
4.59	To invest the funds of the Council in line with the approved Treasury Management Strategy.	See Table 5
4.60	To make arrangements for the internal audit of the Council.	See Table 5
4.61	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 Lead Member	See Table 5
4.62	To attend Valuation Tribunal hearings or to nominate an appropriate officer to present the Council’s case.	See Table 5
4.63	To approve fees and charges unless part of the annual budget setting in consultation with the appropriate Director and Lead Member	See Table 5
	In relation to Non-Domestic Rates
4.64	To determine claims for relief	See Table 5
	In relation to the billing, collection, recovery of the other income
4.65	To action changes of interest rates on housing advances.	See Table 5
4.66	To authorise Government returns and subsidy claims.	See Table 5
Director of Customer Service and Delivery
4.67	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 5
4.68	To be the Council’s Senior Information Risk Officer.	See Table 5
	In relation to Council Tax, Non-Domestic Rates, Community Charge, Housing Advances, Benefit Overpayment, Sundry Debtors and Miscellaneous Income, Housing and Council Tax Benefit
4.69	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 5
4.70	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 5
4.71	To determine and administer applications under the Discretionary Housing Payment Scheme.	See Table 5
4.72	To authorise the prosecution for fraudulent claims for Housing and Council Tax Benefit and issue formal cautions and administrative penalties.	See Table 5
4.73	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 5
4.74	To recover debts due to the Council by civil action	See Table 5
4.75	To institute, appear or authorise appropriate officers to appear on behalf of the Council in civil or criminal proceedings	See Table 5
4.76	To appoint Bailiffs or refer debts to bailiff or debt collection agencies.	See Table 5
4.77	To determine whether benefit overpayments are recoverable.	See Table 5
4.78	To authorise Government returns and subsidy claims.	See Table 5
4.79	To enter into joint working arrangements with external agencies.	See Table 5
4.80	To institute possession proceedings in the County Court for the recovery of housing advance arrears.	See Table 5
4.81	To appoint debt recovery agents	See Table 5
	In relation to the administration of Housing and Council Tax Benefits
4.82	To determine claims, conduct reviews, administer discretionary housing payments, review decisions, issue formal cautions in administrative, initiate prosecutions and respond to appeals.	See Table 5
4.83	To appear at Appeal Tribunal Hearings, to serve any relevant notices.	See Table 5
4.84	To issue requests for rent or such determination and re-determinations.	See Table 5
4.85	To appoint authorised officers with powers to enter business premises, make enquiries and interview persons.	See Table 5
4.86	To determine whether benefit overpayments are recoverable and, if so, from whom.	See Table 5
4.87	To determine if benefit payments should be made to landlords	See Table 5
4.88	To agree Service Level Agreements with benefit agency, rent officer and other external agencies.	See Table 5
4.89	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 5
4.90	To make any financial transaction including the borrowing and lending of money in line with the member approved Treasury Management Strategy	See Table 5
4.91	To determine applications by staff for car loans under the Assisted Car Purchase Scheme.	See Table 5
4.92	To effect adequate insurance cover for the Council.	See Table 5
4.93	To authorise payments to employees for loss or damage to personal property up to a maximum of £500 for any one claim	See Table 5
Director of Place and Enterprise
4.94	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.
4.95	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 5 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
4.96	To be the Council’s Data Protection Officer under and for the purposes of the Data Protection Act 2018	See Table 5
4.97	To maintain the Council’s Data Protection registration and act as Data Protection Officer.	See Table 5
4.98	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 5
4.99	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 5
Head of Environmental Heath
4.100	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 5
4.101	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 2004.	See Table 5
4.102	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 5
4.103	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 5
4.104	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 5
4.105	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 5
Head of Legal Services
4.106	To act as Monitoring Officer under and for the purposes of section 5 of the Local Government and Housing Act 1989.
4.107	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 Council, Committees, and Officers.	All changes, including minor changes, are logged and a version history and change-log is maintained.
4.108	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 5
4.109	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 5
4.110	To authorise the institution, defence, 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 5
4.111	To prosecute or defend or appear in any legal proceedings and authorise any officer so to do.	See Table 5
4.112	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 5
4.113	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 members of the Audit and Governance (Assessment) Panel 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 5
Head of Planning
4.114	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 that: (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 (f) has been called in for consideration by the Development Management and Licensing Committee by a Councillor in accordance with Appendix C.	See Table 5
4.115	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 that 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 5 Notice of the application for a certificate of lawfulness to be given to Ward Members.
4.116	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 5
4.117	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 5 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.
4.118	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 5
4.119	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 Lead Member with responsibility for development management and the Chairman of the Development Management and Licensing Committee
4.120	To exercise all powers and duties conferred upon the Council relating to complaints about High Hedges	See Table 5
4.121	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 5

Table 5: Conditions

Ref	Functions
5.1.	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.
5.2	This scheme does not supersede or negate specific delegations that have previously been granted to officers under specific Council or Committee reports and/or policy where that delegation is not specifically included in this scheme.
5.3	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
5.4	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.
5.5	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.
5.6	An Officer may, instead of exercising a delegated power, refer the matter to a more senior officer, a committee or the full Council, as appropriate.
5.7	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).
5.8	The Head of Paid Service may exercise any delegations of a Director in the absence or default of that Director.
5.9.	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.
5.10	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 a Lead Member the Leader of the Council should be consulted as an alternative.
5.11	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
5.12	Contracts The Monitoring Officer can: (a) Sign and/or seal contracts of any value. (b) Sign inter authority, collaboration, partnering and framework agreements.
5.13	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. .
5.14	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
5.15	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.
5.18.	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
5.19	Covert surveillance and use of Covert human intelligence sources. Additional provision is made in Appendix D

Table 6: 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 Mayor of the Borough 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 Borough	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):
	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 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 and Licensing 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 if 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 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 and Licensing 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 the Development Management and Licensing 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 and Licensing 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 and Licensing 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 and Licensing Committee refuses an application which the Head of Planning recommended should be approved, the Development Management and Licensing 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

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 Mayor and Deputy Mayor are not present;

(b) elect the Mayor;

(d) receive any declarations of interest from Councillors;

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

(f) receive any announcements from the Mayor 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 Lead Members made by the Leader;

(i) adopt the Constitution;

(j) 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;

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

(l) 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;

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

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

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

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

(q) 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 Mayor considers it is appropriate to do so the Mayor 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 Mayor and Deputy Mayor are not present;

(b) receive any declarations of interest from Councillors;

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

(e) receive any report from the Leader and Lead Member and receive any reply from the Leader and Lead Member 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 Mayor 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 Mayor;

(d) the Monitoring Officer;

(e) the Section 151 Officer; or

(f) any five Councillors by signing and giving a request to the Mayor. If the Mayor refuses to call a meeting, or fails to call a meeting within 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 Mayor 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 Mayor;

(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 Mayor;

(ii) at the request of the Monitoring Officer or Section 151 Officer;

(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 Mayor 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 Mayor is absent or unavailable at any time when these Council Procedure Rules would otherwise require the Mayor to act then, unless the procedure rules say otherwise, the Deputy Mayor, 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 Mayor.

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 Mayor 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 Mayor. If the Mayor 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 Mayor 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 Mayor 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 Mayor’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 LEAD MEMBERS

10.1 Receiving reports from the Leader and Lead Member

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 Lead Member 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/Lead Member 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 Lead Member provided that, in the opinion of the Mayor, the questions relate to the report.

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

(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 Mayor;

(iii) a Lead Member; 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 Hub Committee 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;

(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, any Committee, Sub-Committee, Joint 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 Mayor 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 Mayor.

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 Mayor 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 Mayor.

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 Mayor.

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.

(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 Mayor 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.

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.

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;

(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 Mayor 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 Mayor thinks the item has been sufficiently discussed, the Mayor will put the procedural motion to the vote. If it is passed the Mayor 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 Mayor thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, the Mayor 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 Mayor 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 Mayor 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 Mayor 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 Mayor’s casting vote

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

17.3 Ways of voting

Unless a recorded vote is demanded, the Mayor 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 Mayor 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 Mayor will sign the minutes of the proceedings at the next meeting of Full Council. The Mayor 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 Mayor 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 Councillors speaking at Council

(a) When a Councillor speaks at Full Council they must address the meeting through the Mayor and should stand (if able) when they are speaking. If more than one Councillor stands or otherwise indicates their desire to speak, the Mayor will ask one to speak and the others must be quiet.

(b) Other Councillors must remain seated whilst another Councillor is speaking unless they wish to make a point of order, a point of personal explanation or to declare an interest

21.2 Mayor wishes to speak or calls the meeting to order

When the Mayor indicates they wish to speak or calls the meeting to order, any Councillor speaking at the time must stop. The meeting must be silent.

21.3 Mayor to maintain order

The Mayor is to maintain order in meetings and must call to order any Councillor who:

(a) is engaging in conduct which the opinion of the Mayor constitutes criminal behaviour or contempt of court;

(b) is obstructing the business of the meeting;

(d) acts in a discourteous way;

(e) is using disorderly, discriminatory or offensive language;

(f) refuses to conform to any Rule or other requirement for the conduct of Councillors; or

(g) disregards the authority of the Mayor.

21.4 Councillor not to be heard further

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

21.5 Councillor to leave the meeting

If, in the opinion of the Mayor, a Councillor continues to behave improperly at a meeting, the Mayor 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.

21.6 General disturbance

If there is a general disturbance making orderly business impossible, the Mayor 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 Mayor will warn the person concerned. If they continue to interrupt, the Mayor 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 Mayor 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 Mayor 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 and Governance 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

1.1 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.

1.2 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 Mayor;

(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). Appendix B - Questions by Councillors will apply to the asking of any Questions.

THE OVERVIEW AND SCRUTINY COMMITTEE

THE OVERVIEW AND SCRUTINY PROCEDURE RULES

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

All of the Committee Procedure Rulestogether with the following additional procedure rules shall 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;

(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 Hub Committee 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 or a Committee

Full Council or a Committee, 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 Committee (if the proposals relate to the Committee’s functions and are consistent with the existing budget and policy framework), or to the Council as appropriate.

7.2. The Council or the Committee 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.

8. FAILURE TO CONSIDER REPORT

In the event that the Committee 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 councillor to attend a meeting to answer questions. This will normally be confined to the Leader of the Council, any Lead Member, any Committee Chairman, 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 a councillor or officer is required to attend an overview and scrutiny body under this Rule, the Head of Democratic Services shall inform the councillor 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 councillor 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 of the Council 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 a Committee or is made by an officer with delegated authority or under 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) A decision (other than a decision on an Excluded Matter) has breached or will breach the principles for good decision-making; or

(b) Budget and Policy Framework Procedure Rule 6 applies,

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. 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; or

12.6.2. in the case of a decision to which Budget and Policy Framework Procedure Rule 6 applies, the Committee shall refer the matter to Full Council for a 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 Council may amend the decision or substitute its own decision.

13. EXCEPTIONS TO CALL-IN

Call-in will not apply to the following decisions:

(a) Regulatory decisions or decisions on Excluded Matters, e.g. individual planning decisions, standards;

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

(d) decisions already called-in once; and

(e) 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, the Hub Committee, 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 Head of Democratic Services 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), 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 Lead Member; or

(b) the Committee Chairman.

A2. In the case of a special meeting of the Full Council or a Committee (other than the Development Management and Licensing Committee), 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, Lead Member, 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

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 a Committee might be better dealt with by the Committee. If the Chairman agrees, the Chairman may direct that the question is referred to the 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 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 or a Committee (other than the Development Management, Licensing Committee) a period of time will be set aside for any Councillor to ask a question on notice of the:

(a) Leader or Lead Member; or

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

B2. In the case of a special meeting of the Full Council or a Committee, 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, or the Committee, 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, or the Committee, 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 of the Council 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 a Committee might be better dealt with by the Committee. If the Chairman agrees, the Chairman may direct that the question is referred to 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 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 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 a Committee, the Committee shall report on it to the next suitable meeting of Full Council. The report shall be presented by 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.

(i) if the Notice of Motion is proposed and seconded, the 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 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

Title: Rules of Debate Flowchart

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 Head of Democratic Services 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 and 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 Head of Democratic Services 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 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 and Licensing 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.

CHAPTER 4 – ACCESS TO INFORMATION PROCEDURE RULES

ACCESS TO INFORMATION PROCEDURE RULES

1. Application of the Rules

These Access to Information Procedure Rules apply to all formal meetings of the Council, its Committees and Sub-Committees.

2 Summary of the Public’s rights

A copy of these Access to Information Procedure Rules, which are a written summary of the public’s rights to attend meetings and to inspect and copy documents, will be kept at and made available to the public at the Council’s offices and published on the Council’s website.

3. Additional rights to information

These Access to Information Procedure Rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law such as under the Data Protection Act 2018 or the Freedom of Information Act 2000.

4. Rights to attend meetings

Members of the public may attend all public meetings subject only to the exceptions in these Access to Information Procedure Rules.

5. Notices of meeting

The Council will normally give at least five clear days’ notice of any meeting by posting details of the meeting at the Council’s offices and publishing on its website.

6. Access to agenda and reports before the meeting

6.1. The Council will normally make copies of the agenda and reports open to the public available for inspection at the Council’s offices at least five clear days before the meeting.

6.2. If an item is added to the agenda later, the revised agenda (or where reports are prepared after the agenda has been sent out), the Proper Officer shall make each such report available to the public as soon as the report is completed and sent to Councillors.

6.3 Nothing in this requires a copy of the agenda, item or report to be available for inspection by the public until a copy is available to Councillors.

7. Supply of copies

7.1 The Council will supply copies of:

(a) any agenda and reports which are open to public inspection; and

(b) any further statements or particulars necessary to indicate the nature of the items in the agenda

7.2 If the Proper Officer thinks fit, copies of any other documents supplied to Councillors in connection with an item may be supplied to any person on payment of a charge for postage and any other costs.

8. Access to decision-making papers

8.1. The Council will make available for inspection by members of the public copies of the following for six years after a meeting:

(a) the minutes of the meeting, or records of decisions taken for all formal meetings of the Council and its Committees excluding any documents which disclose exempt or confidential information;

(b) a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record;

(

d) reports relating to items when the meeting was open to the public.

8.2 The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers excluding any documents which disclose exempt or confidential information.

8.3 Unless a record of a delegated decision is already required to be produced in accordance with another statutory requirement, the Council will publish on the Council’s website a record of decisions showing decisions delegated to officers where the effect of the decision is to:

(a) grant a permission or licence;

(b) affect the rights of an individual; or

9. Background papers

9.1. List of background papers

The officer with responsibility for the report (usually the report author) will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in their opinion:

(a) disclose any facts or matters on which the report or an important part of the report is based; and

(b) which have been relied on to a material extent in preparing the report, but do not include published works or those which disclose exempt or confidential information (as defined in Access to Information Procedure Rule 10).

9.2 Public inspection of background papers

The Council will make a copy of each of the documents on the list of background papers available for public inspection for four years after the date of the meeting.

10. Exclusion of the public from meetings

10.1. Confidential information – requirement to exclude public

The public must be excluded from meetings if it is likely in view of the nature of the business to be considered or the nature of the proceedings that confidential information would be disclosed.

10.2. Exempt information – discretion to exclude public

The public may be excluded from meetings if it is likely in view of the nature of the business to be considered or the nature of the proceedings that exempt information would be disclosed. Where the meeting will decide any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.

10.3. Meaning of confidential information.

Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or information which cannot be publicly disclosed by Court Order.

10.4. Meaning of exempt information.

Exempt information means information falling within the following seven categories (subject to any qualification):

Category	Condition
1. Information relating to any individual.	See General Note below.
2. Information which is likely to reveal the identity of an individual.	See General Note below
3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).	Information in Category 3 is not exempt if it is required to be registered under the Companies Act 1985, the Friendly Societies Acts 1974 and 1992, the Industrial and Provident Societies Acts 1965 to 1978, the Building Societies Act 1986, or the Charities Act 1993. Also see General Note below.
4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.	"Labour relations matters" are as specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, i.e. matters which may be the subject of a trade dispute. Also see General Note below
5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.	See General Note below
6. Information which reveals that the authority proposes: (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment.	See General Note below
7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.	See General Note below

Category

Condition

1. Information relating to any individual.

See General Note below.

2. Information which is likely to reveal the identity of an individual.

See General Note below

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Information in Category 3 is not exempt if it is required to be registered under the Companies Act 1985, the Friendly Societies Acts 1974 and 1992, the Industrial and Provident Societies Acts 1965 to 1978, the Building Societies Act

1986, or the Charities Act 1993.

Also see General Note below.

4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

"Labour relations matters" are as specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, i.e. matters which may be the subject of a trade dispute.

Also see General Note below

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

See General Note below

6. Information which reveals that the authority proposes:

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

See General Note below

7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

See General Note below

General Note: In all categories, information is not exempt if it relates to development for which the local planning authority may grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992.

Subject to this, and the qualification in Category 3, Information in Categories 1 to 7 is exempt if and so long as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing it.

11. Exclusion of access by the public to reports

If the Proper Officer thinks fit, the Council may exclude access by the public to reports that in their opinion relate to items during which, in accordance with Access to Information Procedure Rule 10, the meeting is likely not to be open to the public. Such reports will be marked "Not for publication" together with the category of information likely to be disclosed.

12. Procedure before taking Key Decisions

12.1. Subject to Access to Information Procedure Rules 14 and 15, a Key Decision may not normally be taken unless:

(a) notice of the Key Decision has been included in the Forward Plan;

(b) at least 28 clear days have elapsed since the publication of the Forward Plan in which the Key Decision was first included; and

(c) where the Key Decision is to be taken at a meeting of a Committee, notice of the meeting has been given in accordance with Access to Information Procedure Rule 5.

13. Forward Plan

13.1. Advance notice of Decisions and Key Decisions

Where it is proposed that a Key Decision should be made by a Committee or sub-committee with decision-making powers or by an Officer or under joint arrangements, a Forward Plan or other document will be published at least 28 days before the Key Decisions referred to in it are to be made.

13.2. Contents of Forward Plan.

The Forward Plan or other document will normally include matters which the Head of Paid Service believes will be subject of a Key Decision by a Committee or sub-committee with decision-making powers or by an Officer or under joint arrangements during the period covered by the plan. It will usually include the following particulars insofar as the information is available or might reasonably be obtained:

(a) the matter in respect of which a decision is to be made;

(b) where the decision taker is an individual, his/her name and title, if any and where the decision taker is a body, its name and details of membership;

(d) the identity of the principal groups whom the decision taker proposes to consult before taking the decision;

(e) the means by which any such consultation is proposed to be undertaken; the steps any person might take who wishes to make representations to the decision taker about the matter in respect of which the decision is to be made, and the date by which those steps must be taken; and

(f) a list of the documents submitted to the decision taker for consideration in relation to the matter.

14. General exception

14.1. If it is impracticable to comply with the Forward Plan requirements of Access to Information Procedure Rule 13 above then, subject to Access to Information Procedure Rule 15, the decision may still be taken if the Head of Paid Service:

(a) is satisfied that it is appropriate for the decision to be taken in any event;

(b) has informed the Chairman of the Overview and Scrutiny Committee or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;

(d) at least 5 clear days have elapsed since the Head of Paid Service complied with (b) and (c).

14.2. As soon as reasonably practicable after the Head of Paid Service has complied with Access to Information Procedure Rule 14.1, they must make available at the Council’s offices a notice setting out the reasons why compliance with Access to Information Procedure Rule 13 is impracticable; and publish that notice on the Council’s website.

14.3. Where this Rule applies, Access to Information Procedure Rule 13 need not be complied with.

15. Special urgency

15.1. Where the date by which a Key Decision must be made, makes compliance with Access to Information Procedure Rule 14 impracticable, the Key Decision may only be made where the decision-maker has obtained agreement from:

(a) the Chairman of the Overview and Scrutiny Committee; or

(b) if there is no such person, or if the Chairman of the Overview and Scrutiny Committee is unable to act, the Chairman of Council, or where Chairman of the Council is unable to act, the Vice-Chairman of Council,

that the making of the decision is urgent and cannot reasonably be deferred.

15.2. As soon as reasonably practicable after the decision-maker has obtained agreement under Access to Information Procedure Rule 15.1, the decision-maker must make available at the Council’s offices a notice setting out the reasons why the decision is urgent and cannot reasonably be deferred; and publish that notice on the Council’s website.

16. Report to Council

16.1 When the Overview and Scrutiny Committee can require a report

If the Overview and Scrutiny Committee thinks that a decision has been taken which:

(a) was not treated as being a Key Decision; and

(b) the Overview and Scrutiny Committee are of the opinion that the decision was a Key Decision,

the Overview and Scrutiny Committee may require a report to be made to the Council within such reasonable time the Committee specifies.

16.2 The report to Council

(a) For the purposes of Access to Information Procedure Rule 16.1, the Proper Officer will prepare a report for submission to the next available meeting of the Council.

(b) If the next meeting of the Council is within 7 days of receipt of the written notice, then the report may be submitted to the meeting after that.

(c) The report to Council will set out particulars of the decision, the individual or body making the decision, and if the Head of Paid Service is of the opinion that it was not a Key Decision the reasons for that opinion.

16.3 Annual reports on special urgency decisions

In any event the Head of Democratic Service will submit an annual report to the Council on decisions taken in the circumstances set out in Access to Information Procedure Rule 15 in the preceding year. The report will include the number of decisions so taken and a summary of the matters in respect of which those decisions were taken.

17. Record of decisions

17.1 As soon as reasonably practicable after any meeting of the Head of Democratic Services or if the Head of Democratic Services was not present, the person presiding at the meeting, will produce a record of every decision taken at that meeting, which may be in the form of minutes.

17.2 As soon as reasonably practicable after a Key Decision has been taken by an Officer, they will prepare for the Head of Democratic Services a record of the decision including the information required under Access to Information Procedure Rule 17.3. This does not require the disclosure of exempt or confidential information.

17.3 The Head of Democratic Services will maintain and publish a record of all Key Decisions on the Council’s website as soon as reasonably practicable after the decision was taken. The record will include:

(a) a record of the decision including the date it was made;

(b) a record of the reasons for the decision;

(c) details of any alternative options considered and rejected by the decision-making body at the meeting at which the decision was made;

(d) a record of any conflict of interest relating to the matter decided which is declared by any member of the decision-making body which made the decision; and

(e) in respect of any declared conflict of interest, a note of any dispensation granted by the Monitoring Officer.

17.4 The Head of Democratic Services will ensure that the record of Key Decisions is available for public inspection during all normal office hours and that the public has the right to copy or to be provided with a copy of any part of that record upon payment of a reasonable copying and administrative charge

18. The Overview and Scrutiny Committee’s access to documents

18.1. Right to copies

Subject to Access to Information Procedure Rule 20.3 below, for the purposes of carrying out its functions, the Overview and Scrutiny Committee (and its sub-committees) is entitled to copies of any document which is in the possession or control of the Council and which contains material relating to:

(a) any business transacted at a meeting of the Council, its committees and sub-committees; or

(b) any decision taken by an officer of the authority exercising a delegated function.

18.2. Provision of copies

Copies of documents requested under this Rule must be supplied within 10 clear days of receipt of the request.

18.3. Limit on rights

The Overview and Scrutiny Committee is not entitled to:

(a) any document that is in draft form;

(b) any part of a document that contains exempt or confidential information, unless that information is relevant to an action or decision it is reviewing or scrutinising or intends to scrutinise; or

19. Additional rights of access for Councillors

19.1. Material relating to previous business

All Councillors will be entitled to inspect any document that is in the possession or under the control of the Council necessary for them to carry out their duties as a Councillor (excluding any documents in draft form)

19.2. Nature of rights

These rights of a Councillor are additional to any other right a Councillor may have.

CHAPTER 5 – OTHER PROCEDURE RULES

BUDGET AND POLICY FRAMEWORK PROCEDURE RULES

1. The structure for Council decisions

The Council will be responsible for the adoption of its Budget and Policy Framework. Once a budget and policy framework is in place, it will be the responsibility of the Council, its Committees and sub-committees and Officers to implement it. The adoption of most other policies will be matters for the relevant Committee.

2. The process for developing the framework

2.1. Before a plan/strategy/budget that is part of the Budget and Policy Framework can to be adopted, initial proposals will be published in any way that is considered to be appropriate. Details of any consultation process shall be included in relation to each of these matters in the forward plan. Any representations made to any consultation shall be taken into account in formulating the initial proposals. The Overview and Scrutiny Committee and in the case of the Medium-Term Financial Strategy, the Audit and Governance Committee, shall be notified of initial proposals and may suggest additional or alternative arrangements for consultation.

2.2. At the end of the consultation period, the Hub Committee will draw up firm proposals having regard to the responses to any consultation (including any from the Overview and Scrutiny Committee and/or the Audit and Governance Committee). The Hub Committee’s report to the Council will reflect the comments made by consultees and the Committee’s response. The Proper Officer will refer them at the earliest opportunity to the Council for decision.

2.3. The Council will consider the Hub Committee’s proposals and may adopt them, amend them, refer them back to the Hub Committee for further consideration, or substitute its own proposals in their place. In considering the matter, the Council shall have before it the Hub Committee’s proposals and any report from the Overview and Scrutiny Committee.

2.4. In approving the plan/strategy/budget, the Council will specify the extent of virement (to the extent this is relevant) and the degree of in-year changes which may be undertaken by a Committee or Officer in accordance with Budget and Policy Framework Procedure Rules 4 and 5. Any other changes to the Budget and Policy Framework are reserved to the Council.

3. Decisions outside of the Budget and Policy Framework

3.1. Subject to the provisions of Budget and Policy Framework Procedure Rules 4 and 5, a Committee and any Officer, area committees (if any) or joint arrangements (if any) shall only take decisions which accord with the Budget and Policy Framework. If any of these bodies or persons wishes to make a decision which is contrary to the Policy Framework, or contrary to or not wholly in accordance with the Budget approved by full Council, then that decision may only be taken by the Council.

3.2. If a Committee or any Officer, area committees (if any) or joint arrangements (if any) want to make such a decision, they shall take advice from the Monitoring Officer and the Section 151 Officer as to whether the decision they want to make would be contrary to the Policy Framework, or contrary to or not wholly in accordance with the Budget. If the advice of either of those officers is that the decision would not accord with the existing Budget and/or Policy Framework, then the decision must be referred by that body or person to the Council for decision.

4. Virement

Above the limits set out in the Council’s Financial Procedure Rules, any virement across budget heads shall require the approval of Full Council.

5. In-year-changes to the Budget and Policy Framework

No changes to any policy and strategy that makes up the Policy Framework may be made other than by the Council.

6. Call-in of decisions contrary to or not wholly in accordance with the Budget and Policy Framework

Without prejudice to Overview and Scrutiny Procedure Rule 12 (call-in) if the Overview and Scrutiny Committee is of the opinion that a decision is, or if made would be, contrary to the Policy Framework, or contrary to or not wholly in accordance with the Council’s Budget, then having sought advice from the Monitoring Officer and Section 151 Officer, it may call-in the decision under the Overview and Scrutiny Procedure Rules

CONTRACT PROCEDURE RULES

CONTRACT PROCEDURE RULES

PART A – applies to all contracts

PART B – applies to below Procurement Regulations contracts

PART C – applies to above Procurement Regulations contracts

PART D – applies to all contracts, where appropriate

PART A – applies to all contracts

1. Interpretation

In these Contract Procedure Rules, references to:

(a) “the eTS” means the Council’s electronic tendering system;

(b) “Procurement Regulations” means the Public Contracts Regulations 2015 or the Public Concessions Regulations 2016 or similar, subsequently amended by The Public Procurement (Amendment etc.)(EU Exit) Regulations 2020; and

(c) the “Section 151 Officer” and the “Monitoring Officer” include any other Officer duly authorised by either of them to act under these Rules.

2. General

2.1 Requirement for compliance

(a) Unless Contract Procedure Rule 2.2 applies every contract made by or on behalf of the Council, (including those where there is no cost to the Council, but which result in income being generated for the supplier or contractor) must comply with these Contract Procedure Rules.

(b) Every contract should also comply with the Financial Regulations, all relevant statutory provisions and any direction of the Council.

2.2 Exceptions

These Rules shall not apply to:

(a) contracts of employment;

(b) contracts for individual temporary agency staff;

(d) the use of counsel or any other external legal service where advice, assistance and/or representation is required, and:

(i) the requirement for appointment is considered to be urgent by the Monitoring Officer or the Head of Legal Services or any other Officer authorised by either of them; or

(ii) where the appointment is not urgent, the contract value is estimated at the time of the initial instruction to be less than £49,999;

(e) contracts for works, or the purchase of goods or services under an existing framework agreement if Contract Procedure Rule 3 is followed;

(f) contracts for the sale, letting or purchase of land or buildings;

(g) contracts where the works, or the purchase of goods or services are on behalf of a partnership of public sector bodies including the Council and the award of the contract is under the lead body’s own rules;

(h) contracts for the execution of mandatory works by statutory undertakers;

(i) trading arrangements under which the Council provides, goods, services or works to a third party; and

(j) a contract that any Senior Officer considers is necessary for the purposes of an emergency.

2.3 Exemption of Contract Procedure Rules

(a) No exemption from these Rules is allowed unless:

(i) the Council or a Committee resolves; or

(ii) the law requires otherwise.

(b) No exemption may be made which will result in a breach of any relevant Procurement Regulations or threshold.

(i) the nature of the market has been investigated and is considered to be such that a departure is justified because the Contract can only be performed by one supplier or best value as likely to be achieved by approaching one supplier; or

(ii) the contract is required in circumstances of urgency that could not reasonably have been foreseen; or

(iii) the Council has a contract with an organisation already engaged by the Council for similar and related works, goods or services and it is considered that there would be significant benefit to extend the existing contract to cover any additional requirement without exposing the Council to unacceptable risk; or

(iv) where any Procurement Regulations or other legislation prevents a procurement process being followed; or

(v) contracts for supplies, materials, services or works which are available only as proprietary or patented articles, services or works from one contractor or supplier and for which a Senior Officer considers that there is no reasonable alternative available including contracts for repairs, or the supply of, parts to such articles or works; or

(vi) the Council would incur or suffer increased costs or loss of income that would be significant compared to the overall Contract Value;

and in all cases the exemption is appropriate.

2.4 Authority to procure

Any procurement carried out on behalf of the Council may only be undertaken with authority to carry out such task whether by way of a delegation in the Scheme of Delegation or otherwise.

2.5 Calculating the financial value of a Contract

When calculating the value of a contract for the purposes of these Rules (other for concession contracts):

(a) values are total lifetime contract values not annual values;

(b) values including recoverable VAT;

(c) values are to be aggregated – for example, if there is a recurring need on an annual basis for supplies, or where the procurement is a joint procurement with South Hams or any other authority;

(d) if there are variables which result in the estimate being a range of figures rather than a single figure, then the highest figure in the range will be the value of the contract;

(e) the valuation shall include the value of possible contract extensions and possible additional options including sub-contractors’ costs; and

(f) where a contract is of indeterminate length the value of the contract shall be assessed on the basis of the monthly estimated cost x 48.

2.6 Contract Extensions

(a) Any contract below Procurement Regulations thresholds may be extended in accordance with its contract terms.

(b) All contracts above Procurement Regulations threshold can only be extended if contract notice provided for the possibility of the contract being capable of being extended and the relevant statutory requirements prevailing at the time.

3. Officer responsibilities

3.1 Senior Officers must:

(a) comply with these Contract Procedure Rules and must ensure that their officers comply with them too.

(b) keep a written record of all approved exemption requests for his/her department. This record must be produced when required by the Monitoring Officer or audit.

(c) arrange the safekeeping of original tender documents, exemptions and Contracts in accordance with the Council’s retention policy and ensure all Contract details are provided to the Section 151 Officer to record in the Contracts Register.

3.2 The Officer responsible for the procurement must:

(a) comply with these Contract Procedure Rules and procurement law;

(b) ensure that any Agents, Consultants and contractual partners, conducting procurement activities on their behalf also comply;

(d) have regard to Guidance provided by the Procurement Officer;

(e) keep the records required by Contract Procedure Rule 29;

(f) ensure security and confidentiality of documentation at all stages of the procurement activity, including Tender Evaluation Reports, working papers and minutes of meetings. The officer must ensure that he or she records in writing all minutes of meetings and decisions/actions taken.

4. Steps before starting a procurement

Before starting to procure goods, services or works, the Senior Officer or the Officer responsible for the procurement must:

(a) consider options for delivery of the required goods, services or works and may conduct market consultations to obtain information and advice for the purposes of planning the quotation or tender procedure and informing potential contractors of their plans and requirements;

(b) identify the size, scope, term and specification of the goods, services or works required

(i) the Council already has an available and appropriate contract in place in the Contracts Register, or an appropriate national, regional or other collaborative contract is available for use;

(ii) there is appropriate Council authority (permission) to procure and sufficient budgetary provision has been formally approved for the anticipated Contract expenditure;

(iii) any employee, either of the Council or of a service provider, may be affected by any transfer arrangement, then any Transfer of Undertaking (Protection of Employment) (“TUPE”) issues and costs are considered and appropriate advice is obtained.

5. Framework agreements

5.1 To be used where appropriate

Public sector-led frameworks agreements and contracts let by other public sector bodies for the purchase of goods and services may offer Best Value to the Council. Subject to Rule 5.2, Framework Agreements may be used where the Council’s requirements can be met, it is practicable to do so and there is no existing corporate contract for the same or similar goods, works, and services which would be breached if a framework agreement was used.

5.2 Pre-conditions

Before entering into an existing framework agreement, the relevant Senior Officer should be satisfied that:

(a) the Council is within the description of the contracting bodies who can use the framework agreement; and

(b) the framework agreement has been advertised and meets the relevant statutory requirements prevailing at the time.

5.3 Subsequent purchases

Unless the terms of the framework agreement say differently and/or the framework agreement does not contain clear call-off contract criteria, once the framework agreement is operating, all subsequent purchases under the call-off contract shall, either:

(a) not require further competition or,

(b) if there are 2 or more suppliers of those goods or services, the competition shall be by inviting quotations from all of those suppliers on the price payable for the goods or services.

PART B – applies to contracts with a Contract Value of less than the Procurement Regulations Threshold

6. No framework agreement – contracts with a value up to £25,000

6.1 Where the relevant Senior Officer estimates at the beginning of the procurement the contract value up to £25,000, the relevant Senior Officer should seek to obtain best value, which for the purpose of this Contract Procedure Rule means using an existing corporate contract or seeking one or more quotes.

6.2 If the expenditure has been approved in estimates and any necessary financial or other approvals have been obtained, the relevant Senior Officer may proceed with the contract.

7. No framework agreement – contracts with a value between £25,000 and £100,000

7.1 Where the relevant Senior Officer estimates at the beginning of the procurement that the contract value is between £25,000 and £100,000 three written quotations shall be sought wherever possible, which should include at least one from a local contractor based in the Council’s area. This should be done through the eTS, but may be by letter, e-mail or some other mechanism by which the price can be evidenced before a purchase decision is taken.

7.2 When requesting quotations above £25,000 the relevant Senior Officer must also specify:

(a) the goods, works or service required;

(b) the award criteria; and

8. No framework agreement – contracts with a value of between £100,000 and Procurement Regulations thresholds – requirement for tenders

8.1 Financial thresholds

Tenders shall be invited where the contract value is estimated at the beginning of the procurement to be £100,000 or more but below relevant Procurement Regulations thresholds.

8.2 Requirement to advertise

All contracts where the contract value is estimated at the beginning of the procurement to be £100,000 or more, but below relevant Procurement Regulations thresholds must be advertised through Contracts Finder. A Senior Officer may advertise contract opportunities below this threshold on Contracts Finder if they are satisfied that it is unlikely there will be sufficient local competition or considers this to be a preferred approach for any other reason.

8.3 Methods to be used

Tenders shall be sought by way of an Invitation to Tender using the eTS.

9. Pre–Qualification or Selection

9.1 The Crown Commercial Services’ Standard Selection Questionnaire must be provided to all contractors requesting to participate, which shall be used to determine the Contractor’s eligibility, financial standing and technical capacity.

9.2 The Council shall treat as ineligible and shall not select any Contractor who has been convicted of any of the offences set out in Regulation 57 of the Procurement Regulations.

9.3 The Senior Officer shall only agree to the selection of a contractor once they are objectively satisfied as to the Contractor’s:

a) eligibility;

b) suitability to pursue a professional activity;

b) economic and financial standing; and

c) technical or professional ability.

9. Form of invitation to tender and submission of tenders

9.1 Form

The Invitation to Tender shall be prepared by the relevant Senior Officer and shall:

(a) describe the scope of the goods, works and/or services to be procured including any relevant outputs necessary for monitoring performance;

(b) give reasons to justify any decision not to accept sub-division of the contract into lots;

(d) invite tenderers to identify information they consider to be confidential, commercially sensitive and/or exempt from disclosure in response to a relevant statutory request made to the Council;

(e) include the criteria and the weightings that will be the basis for the evaluation of tenders;

(f) state the form of contract and/or terms of the contract including any required by these Contract Procedure Rules and state that the Council will not accept any alteration or amendment of those terms and conditions of contract;

(g) state that the Council does not accept any qualification or addition to the invitation to tender other than when requested;

(h) set out an adequate timetable for the submission and consideration of tenders; and

(i) require all tenders to be submitted on a form of tender prepared by the relevant Senior Officer which shall include where appropriate:

(i) a certificate against collusion:

(ii) a statement that tenders should be kept open for a specified period after the date of tender opening;

(iii) a statement that the Council will not be bound to accept any tender; and

(iv) a statement that any tender or contract may be inspected by any regulator.

7.2 Receipt

a) The relevant Senior Officer will arrange for the opening of tenders and release for evaluation as soon as possible after the date and time specified in the Invitation to Tender. Any tender received after the date and time specified for receipt will be recorded as being received late and will not be considered.

(b) Tenders submitted by fax or e-mail will not be accepted.

7.3 Custody of tenders received

Tenders shall remain unopened in the eTS until the time set for their opening.

8. Opening and registration of tenders

8.1 All tenders received by the date and time set for receipt of tenders and which meet the requirements of Contract Procedure Rule 7.1(i) will be opened at the same time by the relevant Senior Officer or their nominee after the time set for their receipt.

8.2 The names of the tenderers and the amounts will be recorded in the eTS.

9. Evaluation of tenders

9.1 Before evaluating tenders, the relevant Senior Officer must check that the tenders comply with any instructions to tenderers, pricing, schedule and any other explicit requirements (e.g. submission of method statements) and unless provided for in the invitation to tender that the tender is not a qualified tender.

9.2 The criteria and weightings described in the Invitation to Tender must be used in scoring any tenders.

10. Alterations to tenders

10.1 Errors identified before closing date If an error is identified in the specification or other tender documentation before the closing date for the return of tenders, all tenderers are to be told about the error promptly and allowed to adjust their tenders.

10.2 Errors identified after closing date If an error is identified in the specification or other tender documentation after the closing date for the return of tenders, all tenderers are to be told about the error and given the chance to either withdraw or amended their tender.

10.3 Errors or discrepancies in successful tenders Where examination of tenders shows errors or discrepancies which would affect the tender figure in an otherwise successful tender the tenderer shall be told of the errors and discrepancies and given the chance of confirming or withdrawing his offer, or in the case of arithmetical errors, of correcting them. If the tenderer withdraws, the next tender in competitive order is to be examined and dealt with in the same way.

11. Post-tender negotiation

11.1 Post-tender negotiations for contracts below any relevant Procurement Regulations thresholds shall not be conducted where to do so might distort competition particularly with regard to price. In the event that post-tender negotiations are necessary following the submission of a tender, then such negotiations must only be undertaken with the tenderer who has previously submitted the most economically advantageous tender as assessed against the tender evaluation method. Full and proper records shall be kept of any post-tender negotiations.

11.2 Unless the Section 151 Officer and the Monitoring Officer otherwise agree, any post-tender negotiations must be conducted by at least two Officers.

11.3 If post-tender negotiations take place the relevant Senior Officer shall prepare a report to the Hub Committee and/or Council for approval before any tender is accepted

11.4 The Council may require a Contractor to provide information supplementing the information provided in their tender.

11.5 The Council may require a Contractor to clarify information relating to their eligibility, economic and financial standing or technical or professional ability or information included in their tender provided this does not discriminate either in favour or against the Contractor.

11.6 Where any further information or post-tender negotiation results in a fundamental change to the specification or contract terms the contract shall not be awarded but shall be re-tendered.

12. Acceptance of tenders - Most favourable tender

12.1 Subject to Contract Procedure Rule 12.2 a tender may not be accepted without approval of the Hub Committee unless it:

(a) is within the approved budget;

(b) meets all of the tender submission requirements in Contract Procedure Rule 7.1(i);

(d) is the most economically advantageous tender having regard to any award criteria and the weightings applied to them; and

(e) it is not a tender qualified by reservations or statements made by the tenderer limiting any liability that the tenderer would be subject to if that tenderer is awarded the contract.

12.2 A tender which meets the criteria in Contract Procedure Rule 12.1(a)-(e) shall not be accepted if the Contract Value is more than £500,000 without approval of the Council.

PART C – applies to contracts with a Contract Value above the Procurement Regulations Threshold

13. No framework agreement - contracts with a value above Procurement Regulations thresholds - requirement for tenders

13.1 Subject to the agreement of the Section 151 Officer any of the procedures permitted by the relevant statutory requirements prevailing at the time and which are appropriate may be used to obtain tenders.

13.2 The procedure adopted shall comply with the relevant statutory requirements prevailing at the time and these Contract Procedure Rules where relevant.

13.3 Where the Open or Restricted List procedures are used post-tender negotiations are not permitted.

13.4 No tender that is for a contract above any relevant Procurement Regulations threshold shall be accepted unless the Monitoring Officer is satisfied that the notices of the intention to award the contract have been given to unsuccessful tenderers (and if necessary, to contractors not invited to tender) and the period for them to challenge the award has ended.

PART D – applies to all contracts, where appropriate

14. Promotion of equalities

To comply with the Council’s duty under the Equality Act 2010 to promote equality of treatment, tenderers for contracts above any relevant Procurement Regulations thresholds shall be required to explain what measures they would take to actively promote equality of opportunity.

15. Public Services (Social Value) Act 2012

To comply with the Council’s duties, in preparing tenders for any contract above any relevant Procurement Regulations thresholds the Senior Officer must consider how to incorporate relevant social value considerations into the procurement process.

16. Local Government (Contracts) Act 1997

No tender relating to a contract to which the Local Government (Contracts) Act 1997 Sections 2-9 apply shall be accepted without consideration by the Monitoring Officer.

17. Letters of intent

A letter of intent providing the basis for a future agreement should only be used by a Senior Officer following the taking of advice from the and Monitoring Officer.

18. Contracts to be in writing

18.1 Form

(a) All contracts for goods, services and works shall be in writing or in approved electronic format.

(b) Every contract having a Contract Value of less than £25,000 shall be by Purchase Order incorporating the Council’s standard terms and conditions unless a formal agreement is entered into.

18.2 Content

Every contract having a value of £25,000 or more shall, in addition to any other relevant matters, specify:

(a) the goods, materials, works, services or other things to be furnished supplied had or done;

(b) the price to be paid with a statement of discount or other deductions;

(c) a condition that the contractor shall subscribe to the standards of ethical conduct expected by the public from those working in the public sector;

(d) unless it is for the one off purchase of goods and/or materials, the date when the contract will terminate and the terms on which the contract may be terminated early; and

(e) where applicable the time or times within which the contract is to be performed.

18.3 Signing of contracts

(a) Other than contracts in the form of an official order every contract less than £25,000 in value not required or intended to be sealed, shall be signed on behalf of the Council by the relevant Head of Service (or other officer authorised by them in accordance with the Scheme of Delegation).

(b) Other than contracts in the form of an official order every contract between £25,000 and £100,000 in value not required or intended to be sealed, shall be signed on behalf of the Council by the relevant Chief Officer (or other officer authorised by them in accordance with the Scheme of Delegation).

(c) Every contract over £100,000 in value shall be signed or where required or intended to be made under seal shall be sealed on behalf of the Council by the Monitoring Officer (or other officer authorised by them in accordance with the Scheme of Delegation)

19. Safeguards for due performance

19.1 Failure to Deliver

(a) Every contract for the supply of goods, services, works and/or materials to which these rules apply should, unless the relevant Senior Officer considers it inappropriate, include a clause protecting the Council against the Contractor’s failure to deliver. The clause should include the right for the Council to:

(i) purchase other goods, services, works or materials to put right the effects of the Contractor’s failure; and

(ii) recover from the Contractor any excess cost of purchasing other goods, services, works or materials.

(b) In every contract for the supply of goods, services, works and/or materials, a clause will, unless the relevant Senior Officer considers it inappropriate, be included to the effect that the goods, services, works and/or materials will only be deemed to have been delivered to the Council if they have been delivered to the location specified by the Council and signed for.

19.2 Liquidated Damages for contracts exceeding £100,000

The Contract must, unless the relevant Senior Officer considers it inappropriate, require the payment of liquidated damages by the contractor in the event of delay by the contractor. The amount of the liquidated damages to be specified will be the Council’s genuine pre-estimate of the losses to be paid by the contractor in the case the terms of the contract are not duly performed.

19.3 Performance Bonds for contracts exceeding £500,000

Where a contract exceeds £500,000 the contractor will be required to give a performance bond or other form of security acceptable to the relevant Senior Officer and the Section 151 Officer, unless both consider it is unnecessary.

20. Assignment or sub-letting

A clause will, where appropriate, be inserted in every contract for the execution of work, for supplies, and/or services to which these rules apply prohibiting the assigning or sub-letting of the contract without the previous consent of the relevant Senior Officer.

21. Specifications and standards

All contracts to which these rules apply where a specification issued by the British Standards Institution or a European Standard is current at the date of the tender and is relevant shall require as a minimum that goods and materials used in their execution shall be in accordance with the specification.

22. Prevention of bribery clause

Every contract to which these rules apply will, where practicable, include a clause allowing the Council to cancel the contract and to recover from the contractor the amount of any loss resulting from such cancellation if the contractor or any person employed by him or acting on his behalf has committed any offence under the Bribery Act 2010 or under the Local Government Act 1972 Section 117.

23. Nominated sub-contractors

Where a sub-contractor or supplier is to be nominated by the Council to a main contractor, the relevant Senior Officer will, wherever practical, comply with these Rules as though the sub-contract were a contract with the Council.

24. Publication of contract awards

24.1 Details of every contract award over £25,000 including those covered by an exemption shall be published on the Council’s Contracts Register.

24.2 In addition, unless there is a relevant exception in the Procurement Regulations, where the contract is:

(a) £100,000 or more the award shall be published on Contract Finder.

(b) over any relevant Procurement Regulations threshold, the award shall be published Contract Finder and FTS and any report required by a third party shall be prepared in accordance with the relevant statutory requirements prevailing at the time.

Note: These requirements are in addition to any requirement under the Transparency Code for Local Government to publish details of expenditure above a specified threshold.

25. Retention of tenders and contracts

Unsuccessful tenders, accepted tenders and contracts and tender evaluation results shall be kept in accordance with the Council’s information asset register.

26. Review of financial limits

The financial limits set out in these Contract Procedure Rules shall be reviewed periodically by the Council.

Note to Officers: The principal requirements of these Contracts Procedure Rules are summarised in the Appendix. The Appendix is not part of the Contract Procedure Rules, but is guidance.

Contract Value	Minimum requirements	Contract Notice	Contract Award Notice	Acceptance	Minimum order/contract requirements
Up to £25,000	Call-Off from an existing Framework Agreement let by the Council or other third party; or 1 or more quotes	No	No	No	No	Senior Officer	Official Order
£25,000 to £100,000	Call-Off from an existing Framework Agreement let by the Council or other third party; or 3 written quotes (where practicable) using eTS	No	No	No	No	Official Order unless a formal agreement is entered into
£100,000 to Procurement Regulations Threshold	Call-Off from an existing Framework Agreement let by the Council or other third party; or tenders sought using eTS	No	No	No	Yes	Formal agreement under hand or seal
Above Procurement Regulations Threshold	As for £100,000 but following Procurement Regulations	Yes (unless call-off)	Yes, within 24 hours of publishing on FTS(unless call off)	Yes within 30 days of award (unless call off)	Yes within reasonable time after published on FTS (including call off)	As for £100,000 but prior approval may be required from Council if the contract value is £500,000 or more

Section	Contents	Financial Procedure Rule category
1. Accounting	· Financial Management Standards · Separation of Duties · Other Information - Costing · Reports to Member Bodies · Accounting Records · Trading Accounts · Annual Accounts and Treatment of Year End Balances	Financial Management
2. Assets	· Asset Management · Land and Buildings · Vehicles, Plant and Equipment · Acquisition · Capital Programme	Risk Management and Control of Resources
3. Assets - Disposal	· Land and Buildings · Vehicles · Plant and Equipment · Computer and Computer Related Equipment · General - Recycling	Risk Management and Control of Resources
4. Audit	· Internal audit · External audit	Risk Management and Control of Resources
5. Banking Arrangements	· Bank Accounts · Separation of Duties · Bank Reconciliations · General - Cheques	Financial Systems and Procedures
6. Budgets and Budgetary Control	· Format of the Budget · Budget Preparation · Resource Allocation · Budget Management · Virement (Budget Changes) · Supplemetary Estimate Request · Reserves and Funds for Section 106 Agreements · Shared Services · Capital Programme	Financial Planning
7. Expenditure - Ordering of Goods and Services	· Orders · Ordering · Quotations · Open/Regular Supply Order · ICT Equipment and Software · Orders, Delivery Notes and Invoices · Orders to Individuals (Self Employed)	Financial Systems and Procedures
8. Expenditure - Payment of Accounts	· Invoices · Invoices - Self Employed Status · Payment Request Forms · Receiving/Certification · Authorisation · Separation of Duties · Payment · Returned Cheques · VAT · Credit/Purchase Cards · Financial Year End · Loans Leases and Rental Agreements	Financial Systems and Procedures
9. External Funding	Responsibilities for: · Senior Officers · Section 151 Officer	External Arrangements
10. Fraud, Corruption and Bribery - Prevention	Responsibilities for: · Section 151 Officer, Monitoring Officer, · (Internal) Audit Manager · Senior Officers	Risk Management and Control of Resources
11. Grants, Subsidies, Claim Forms and Statistical Returns	· Grant Conditions · Receipts and Payments · Audit Requirements of the Grant Paying Body	Financial Systems and Procedures
12. Income	· Charges for Services · Cash Collection and Banking · Personal Cheques · Change Floats · Security · Raising Invoices (Sundry Debtors) · Recovery · Bad and Doubtful Debtors · Cancellations · Financial Year End	Financial Systems and Procedures
13. Insurance	· Cover · Inspections · Claims	Risk Management and Control of Resources
14. Intellectual Property	Responsibilities for: · Senior Officers · Section 151 Officer	Risk Management and Control of Resources
15. Inventories	· Inventories · Council Property	Risk Management and Control of Resources
16. Partnerships including Shared Services	Responsibilities for: · Members · Senior Officers · Section 151 Officer Partners · Shared Services	Risk Management and Control of Resources
17. Payments to Employees and Members (Payroll)	· Appointment · Appointment – Self Employed Status · Time and Other Amendment Records · Payment Absence · Leavers · Pay Awards · Verification · Staffing	Financial Systems and Procedures
18. Payment of Housing and Council Tax Benefits	· Personal Data/Declaration of Interest · Payment – BACs · Payment – Cheques	Financial Systems and Procedures
19. Petty Cash	· Expenditure · Reimbursement · General · Centralised Imprest – Petty Cash Advances	Financial Systems and Procedures
20. Retention of Documents	Responsibilities for: · Section 151 Officer, · Monitoring Officer, · Senior Officers	Risk Management and Control of Resources
21. Risk Management and Internal Control	· Risk Management · Internal Control (System of) · System Changes · Corporate Governance · Performance Management/Data Quality · Business Continuity	Risk Management and Control of Resources
22. Security	· Security; · Safes · Postal Franking Machines · ICT – Software and Hardware · Data – Electronic/Paper	Risk Management and Control of Resources
23. Stocks and Stores	· Stock Control and Issues · Stock Takes · Stock Certificates · Surpluses, Deficiences and Write Offs	Risk Management and Control of Resources
24. Taxation	· Pay as You Earn (PAYE) · Value Added Tax (VAT)	Financial Systems and Procedures
25. Travel and Subsistence	· Claim Completion and Certification · Receipts · Timeliness of Claim · Motor Insurance, Driving Licences and Vehicle Roadworthiness · Council Members	Financial Systems and Procedures
26. Treasury Management	· Cash Position; · Investments · Borrowing · General including Monitoring · Trust Funds	Risk Management and Control of Resources
27. Work for Third Parties	· Approval · Legality · Financial Matters · Contracts · Service Provision	External Arrangements

Section

Contents

Financial Procedure Rule category

1. Accounting

· Financial Management Standards

· Separation of Duties

· Other Information - Costing

· Reports to Member Bodies

· Accounting Records

· Trading Accounts

· Annual Accounts and Treatment of Year End Balances

Financial Management

2. Assets

· Asset Management

· Land and Buildings

· Vehicles, Plant and Equipment

· Acquisition

· Capital Programme

Risk Management and Control of Resources

3. Assets - Disposal

· Land and Buildings

· Vehicles

· Plant and Equipment

· Computer and Computer Related Equipment

· General - Recycling

Risk Management and Control of Resources

4. Audit

· Internal audit

· External audit

Risk Management and Control of Resources

5. Banking Arrangements

· Bank Accounts

· Separation of Duties

· Bank Reconciliations

· General - Cheques

Financial Systems and Procedures

6. Budgets and Budgetary Control

· Format of the Budget

· Budget Preparation

· Resource Allocation

· Budget Management

· Virement (Budget Changes)

· Supplemetary Estimate Request

· Reserves and Funds for Section 106 Agreements

· Shared Services

· Capital Programme

Financial Planning

7. Expenditure - Ordering of Goods and Services

· Orders

· Ordering

· Quotations

· Open/Regular Supply Order

· ICT Equipment and Software

· Orders, Delivery Notes and Invoices

· Orders to Individuals (Self Employed)

Financial Systems and Procedures

8. Expenditure - Payment of Accounts

· Invoices

· Invoices - Self Employed Status

· Payment Request Forms

· Receiving/Certification

· Authorisation

· Separation of Duties

· Payment

· Returned Cheques

· VAT

· Credit/Purchase Cards

· Financial Year End

· Loans Leases and Rental Agreements

Financial Systems and Procedures

9. External Funding

Responsibilities for:

· Senior Officers

· Section 151 Officer

External Arrangements

10. Fraud, Corruption and Bribery - Prevention

Responsibilities for:

· Section 151 Officer, Monitoring Officer,

· (Internal) Audit Manager

· Senior Officers

Risk Management and Control of Resources

11. Grants, Subsidies, Claim Forms and Statistical Returns

· Grant Conditions

· Receipts and Payments

· Audit Requirements of the Grant Paying Body

Financial Systems and Procedures

12. Income

· Charges for Services

· Cash Collection and Banking

· Personal Cheques

· Change Floats

· Security

· Raising Invoices (Sundry Debtors)

· Recovery

· Bad and Doubtful Debtors

· Cancellations

· Financial Year End

Financial Systems and Procedures

13. Insurance

· Cover

· Inspections

· Claims

Risk Management and Control of Resources

14. Intellectual Property

Responsibilities for:

· Senior Officers

· Section 151 Officer

Risk Management and Control of Resources

15. Inventories

· Inventories

· Council Property

Risk Management and Control of Resources

16. Partnerships including Shared Services

Responsibilities for:

· Members

· Senior Officers

· Section 151 Officer Partners

· Shared Services

Risk Management and Control of Resources

17. Payments to Employees and Members (Payroll)

· Appointment

· Appointment – Self Employed Status

· Time and Other Amendment Records

· Payment Absence

· Leavers

· Pay Awards

· Verification

· Staffing

Financial Systems and Procedures

18. Payment of Housing and Council Tax Benefits

· Personal Data/Declaration of Interest

· Payment – BACs

· Payment – Cheques

Financial Systems and Procedures

19. Petty Cash

· Expenditure

· Reimbursement

· General

· Centralised Imprest – Petty Cash Advances

Financial Systems and Procedures

20. Retention of Documents

Responsibilities for:

· Section 151 Officer,

· Monitoring Officer,

· Senior Officers

Risk Management and Control of Resources

21. Risk Management and Internal Control

· Risk Management

· Internal Control (System of)

· System Changes

· Corporate Governance

· Performance Management/Data Quality

· Business Continuity

Risk Management and Control of Resources

22. Security

· Security;

· Safes

· Postal Franking Machines

· ICT – Software and Hardware

· Data – Electronic/Paper

Risk Management and Control of Resources

23. Stocks and Stores

· Stock Control and Issues

· Stock Takes

· Stock Certificates

· Surpluses, Deficiences and Write Offs

Risk Management and Control of Resources

24. Taxation

· Pay as You Earn (PAYE)

· Value Added Tax (VAT)

Financial Systems and Procedures

25. Travel and Subsistence

· Claim Completion and Certification

· Receipts

· Timeliness of Claim

· Motor Insurance, Driving Licences and Vehicle Roadworthiness

· Council Members

Financial Systems and Procedures

26. Treasury Management

· Cash Position;

· Investments

· Borrowing

· General including Monitoring

· Trust Funds

Risk Management and Control of Resources

27. Work for Third Parties

· Approval

· Legality

· Financial Matters

· Contracts

· Service Provision

External Arrangements

The following financial limits apply to the relevant section in the guidance:

Table 1:

Item Value inc VAT	Acquisitions: Land and Buildings – Section 2
Up to £500, 000	The Head of Assets (Corporate Property Officer) in consultation with the Section 151 Officer, the Director of Place and Enterprise, Lead Member for Assets and Leader, may agree to the acquisition of land and property where the market value does not exceed £500,000.00
£500,000 to £1,000,000	The acquisition of any land and buildings of a value between £500,000 to £1,000,000 requires the approval of the Hub Committee (West Devon), or the Executive (South Hams) (as appropriate)and shall be made within the context of the Council’s Asset Management Plan.
Above £1,000,000	The acquisition of any land and buildings of a value in excess of £1,000,000 requires the approval of the full Council and shall be made within the context of the Council’s Asset Management Plan.

Table 2:

Project Total Value Inc VAT	Maximum % Overspend inc VAT	Authorised By
Up to £50,000	10%	Section 151 Officer in consultation with the Head of Assets (Corporate Property Officer), the Relevant Executive Member (South Hams); or Chairman of Hub Committee (West Devon) (as appropriate) With retrospective reporting to the Executive (South Hams) or Hub Committee (West Devon) (as appropriate) within the quarterly monitoring report.
£50,000 to £500,000	10%	Approval required from Hub Committee (West Devon) or Executive (South Hams) (as appropriate)
Over £500,000	10%	Approval required from full Council

Table: 3

Item Value inc VAT

Disposals: Land and Buildings – Section 3

Up to £300,000

The Head of Assets (Corporate Property Officer) in consultation with the Section 151 Officer, the Director of Place and Enterprise, the Lead Member for Assets and the Leader, may agree to the disposal of land or building assets, where the market value does not exceed £300,000

Above £300,000

The disposal of any land and buildings over £300,000.00 in market value requires the prior approval of the Hub Committee (West Devon), or the Executive (South Hams) (as appropriate) and shall be made within the context of the Council’s Asset Management Plan.

Table 4:

Item Value inc VAT

Disposals: Plant and Equipment – Section 3

Above £5,000

The disposal of any item of plant and equipment valued at more than £5,000, at date of disposal shall require the prior approval of the Section 151 Officer.

Table 5:

Item Value inc VAT

Income: Banking – Sections 5 and 12

Daily/Weekly according to

Insurance Limit

All monies received on behalf of the Council shall be banked without delay.

Table 6:

Sum involved for each individual virement

Budget Changes (Virement) – Section 6

Up to £5,000

The appropriate responsible budget holder may approve the virement in consultation with the appropriate accountant. No form is required.

£5,000 to £30,000

A virement form is required which is to be authorised by the relevant Senior Officer and Section 151 Officer or nominated deputy.

£30,000 to £100,000

The appropriate Senior Officer and the Section 151 Officer shall sign a virement form in consultation with the appropriate accountant and submit it to the Executive (South Hams only) for approval.

Above £100,000

The appropriate Senior Officer and the Section 151 Officer shall sign a virement form in consultation with the appropriate accountant and submit it to full Council for approval.

Table 7:

Item Value inc VAT	Use of Reserves – Section 6
Up to £100,000	The Section 151 Officer may approve the use of Earmarked Reserves and Unearmarked General Fund Reserves up to a limit of £100,000, and may also approve increasing or creating Earmarked Reserves up to a limit of £100,000.
£100,000 to £500,000	The use of Reserves of between £100,000 to £500,000 requires the prior approval of the Hub Committee (West Devon), and the Executive (South Hams) (as appropriate) upon receipt of a report from the Senior Officer and Section 151 Officer.
Above £500,000	The use of Reserves above £500,000 requires the prior approval of the full Council upon receipt of a report from the Senior Officer and Section 151 Officer.
	The use of reserves for Salcombe Harbour requires a recommendation to the Executive by the Salcombe Harbour Board.

Table 8:

Item Value inc VAT	Use of Section 106 Monies – Section 6
Below £100,000	Authorisation of expenditure using funds received from Section 106 Agreements must be sought from the Section 151 Officer for amounts up to £100,000 by the appropriate Senior Officer, following consultation with the relevant Ward Member as a minimum.
£100,000 to £500,000	The use of funds received from Section 106 Agreements for projects between £100,000 to £500,000 requires the prior approval of the Hub Committee (West Devon), and the Executive (South Hams) (as appropriate) upon receipt of a report from the Senior Officer and Section 151 Officer, following consultation with the relevant Ward Member.
Above £500,000	The use of funds received from Section 106 Agreements for projects above £500,000 requires the prior approval of the full Council upon receipt of a report from the Senior Officer and Section 151 Officer, following consultation with the relevant Ward Member.

Table 9:

Item Value inc VAT	Quotations/Tendering for Goods and Services – Section 7
Below £25,000	Most favourable prices and terms, having regard to the principles set out in the Council’s Procurement Strategy appropriately evidenced (in accordance with Contract Procedure Rules).
£25,000 to £100,000	3 written quotations appropriately evidenced (in accordance with Contract Procedure Rules).
Above £100,000	Tendering in accordance with Contract Procedure Rules and UK Procurement Legislation as appropriate.

Table 10:

Item Value inc VAT	Quotations/Tendering for Works and ICT – Section 7
Below £25,000	Most favourable prices and terms, having regard to the principles set out in the Council’s Procurement Strategy appropriately evidenced (in accordance with Contract Procedure Rules).
£25,000 to £100,000	3 written quotations appropriately evidenced (in accordance with Contract Procedure Rules).
Above £100,000	Tendering in accordance with Contract Procedure Rules and UK Procurement Legislation as appropriate.

Table 11:

Item Value inc VAT

Income: Unders and Overs – Section 12

Over £100

‘Unders and overs’ and discrepancies must be reported immediately to the Section 151 Officer.

Table 12:

Item Value inc VAT

Write Off: Bad and Doubtful Debts – Section 12

Finance

Up to £5,000

The Section 151 Officer is empowered to write off bad and doubtful debts, after satisfying her/himself that it would be uneconomic or inappropriate for the Council to pursue them, and where appropriate a Legal representative has considered the Council’s position.

Other Services

Up to £5,000

In the case of debts due to other service groups, the Section 151 Officer will consider write off in accordance with the above upon the written authorisation of the Senior Officer involved or her/his deputy.

All Debts

Up to £5,000

The total amounts of debt written off by the Section 151 Officer under delegated powers will be reported to the Hub Committee (West Devon), and the Executive (South Hams)(as appropriate).

All Debts

Above £5,000

No debts in excess of £5,000 may be written off without the prior approval of the Section 151 Officer and the Hub Committee (West Devon), and the Executive (South Hams)(as appropriate).

Table 13:

Item Value inc VAT

Inventories – Section 15

Individual items above £5,000

Inventories of all property (furniture, fittings and equipment) belonging to or in the care of the Council, other than stores, shall be prepared and maintained by the Senior Officer concerned or a designated officer.

Table 14:

Item Value inc VAT

Write Off: Stock Deficiencies and Obsolete Stocks – Section 23

Above £5,000

The disposal or write-off of any stock or stores item/s valued at more than £5,000 at date of disposal shall require the prior approval of the Section 151 Officer.

Table 15:

Sum involved

Borrowing – Section 26

Up to £500,000

The borrowing of up to £500,000 for any purpose requires the prior approval of the Hub Committee (West Devon), and the Executive (South Hams) and any approval shall be made in the context of the borrowing limits set by the full Council at the beginning of the financial year.

Above £500,000

The borrowing above £500,000 for any purpose requires the prior approval of the full Council.

OFFICER EMPLOYMENT PROCEDURE RULES

1. Appointments on merit

1.1. Every appointment of a person as an officer shall be made on merit subject to the qualifications set out in section 7(2) of the Local Government and Housing Act 1989.

2. Transparency requirement

2.1. The Council will require any candidate for appointment as an officer to state in writing whether they are related to or the partner of any existing councillor or officer of the Council.

2.2. No candidate who is related to a Councillor or an officer will be appointed without the authority of the Head of Paid Service or an officer nominated by the Head of Paid Service.

2.3. Any candidate who fails to disclose such a relationship can be disqualified for the appointment and, if appointed, will be liable to dismissal without notice.

2.4 For the purposes of this Officer Employment Procedure Rule, “related” shall mean the parent, grandparent, partner, child, stepchild, adopted child, grandchild, brother, sister, uncle, aunt, nephew or niece of an existing councillor or officer of the Council; or of the partner of such persons.

3. Seeking support for appointment

3.1. Subject to Officer Employment Procedure Rule 3.3, the Council will disqualify any applicant who directly or indirectly seeks the support of any Councillors for any appointment with the Council. The content of this Procedure Rule will be included in any recruitment information.

3.2. Subject to Officer Employment Procedure Rule 3.3, Councillors must not seek support for any person for any appointment with the Council.

3.3. Nothing in Officer Employment Procedure Rules 3.1 or 3.2 will prevent a Councillor from giving a written reference for a candidate for submission with an application for appointment.

4. Other appointments

4.1. The appointment of officers (other than assistants to political groups) is the responsibility of the Head of Paid Service or their nominee and may not be made by Councillors.

4.2. The appointment of an assistant to a political group shall be made in accordance with the wishes of that political group

5. Recruitment of Head of Paid Service and Directors

5.1. Where the Council proposes to appoint a Head of Paid Service and/or Director, and it is not proposed that the appointment be made exclusively from among their existing officers, the Council will draw up a statement specifying:

(a) the duties of the officer concerned, and

(b) any qualifications or qualities to be sought in the person to be appointed;

(d) the remuneration package

5.2 Whether the post is to be advertised internally only or externally the Council will:

(a) make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of such persons who are qualified to apply for it; and

(b) make arrangements for a copy of the statement referred to in Office Employment Procedure Rule 5.1 to be sent to any person on request.

6. Role of the Statutory Officers Joint Committee

6.1. The Statutory Officers Joint Committee is not a standing committee of the Council. Instead, a Statutory Officers Joint Committee will be formed of six Councillors (three from the Council and three from South Hams District Council including at least one member of the Executive) whenever appointments, recommendations of appointments or disciplinary decisions are needed. Members of the Statutory Officers Joint Committee will be nominated by group leaders on a politically proportionate basis.

6.2. For any appointment, the Statutory Officers Joint Committee will decide on the appointment process but the final appointment decision or recommendation to Council shall be that of the Joint Committee.

6.3. Appointment of a Head of Paid Service, Monitoring Officer or Section 151 Officer on an interim basis will follow the same process as that for a permanent appointment

7. Appointment of Head of Paid Service, Monitoring Officer, Section 151 Officer

7.1 Full Council will approve the appointment of the Head of Paid Service, the Monitoring Officer and the Section 151 Officer following the recommendation of such an appointment by the Statutory Officers Joint Committee. No offer of appointment is to be made until:

(a) the Statutory Officers Joint Committee has informed the Proper Officer of the name of the person to whom the Statutory Officers Joint Committee wishes to recommend to full Council and any other particulars which the Statutory Officers Joint Committee considers are relevant to the appointment; and

(b) the Statutory Officers Joint Committee has made a recommendation to full Council.

8. Appointment of Directors

8.1 The Head of Paid Service will appoint any Directors (unless the Director will also be the Head of Paid Service, the Monitoring Officer or Section 151 Officer).

9. Other appointments

9.1 Officers below Director level.

The appointment of officers below Director level (other than assistants to political groups) is the responsibility of the Head of Paid Service or their nominee.

9.2 Assistants to Political Groups.

Appointment of an assistant to a political group shall be made in accordance with the wishes of that political group and in line with legislative requirements.

10. Disciplinary action and Dismissal of Head of Paid Service, Monitoring Officer, Section 151 Officer

10.1. For the purposes of this Officer Employment Procedure Rule 10:

(a) "the 2011 Act" means the Localism Act 2011;

(b) "disciplinary action" in relation to a member of staff of a local authority means any action occasioned by alleged misconduct which, if proved, would, according to the usual practice of the authority, be recorded on the member of staff's personal file, and includes any proposal for dismissal of a member of staff for any reason other than redundancy, permanent ill-health or infirmity of mind or body, but does not include failure to renew a contract of employment for a fixed term unless the authority has undertaken to renew such a contract;

(d) "local government elector" means a person registered as a local government elector in the register of electors in the authority's area in accordance with the Representation of the People Acts;

(e) "relevant independent person" means any independent person who has been appointed by the Council or, where there are fewer than two such persons, such independent persons as have been appointed by another authority or authorities as the authority considers appropriate; and

(f) "relevant meeting" means a meeting of the Council to consider whether or not to approve a proposal to dismiss a relevant officer.

10.2 The Statutory Officers Joint Committee will hear the case against the Head of Paid Service, Monitoring Officer and Section 151 Officer concerned and in the case of dismissal make a recommendation to the full Council. The hearing will be conducted in accordance with the Council’s Disciplinary Procedure.

10.3 The Head of Paid Service, Monitoring Officer and Section 151 Officer may not be dismissed by the Council or subject to disciplinary action falling short of dismissal unless the procedure set out in the following paragraphs is complied with.

(a) No disciplinary action may be taken in respect of the Head of Paid Service, Monitoring Officer and Section 151 Officer unless an investigation has been undertaken in respect of the allegations made. Accordingly, the Statutory Officers Joint Committee may instruct the Proper Officer to appoint a suitably qualified or experienced person to conduct such investigation and report to the Statutory Officers Joint Committee on their findings

(b) The Council must invite relevant independent persons to be considered for appointment to the Statutory Officers Joint Committee, with a view to appointing at least two such persons to the Statutory Officers Joint Committee.

(c) Subject to paragraph (d), the Council must appoint to the Statutory Officers Joint Committee such relevant independent persons who have accepted an invitation issued in accordance with paragraph (b) in the following priority order:

(i) a relevant independent person who has been appointed by the authority and who is a local government elector;

(ii) any other relevant independent person who has been appointed by the Council;

(iii) a relevant independent person who has been appointed by another authority or authorities.

(d) The Council is not required to appoint more than two relevant independent persons in accordance with paragraph (b), but may do so.

(e) The Council must appoint the Statutory Officers Joint Committee at least 20 working days before the Council is due to meet to consider any recommendation to dismiss or for disciplinary action falling short of dismissal.

(f) Before the taking of a vote on whether or not to approve a dismissal of or the taking of disciplinary action falling short of dismissal against the Head of Paid Service, Monitoring Officer and Section 151 Officer the Council must take into account, in particular:

(i) any advice, views or recommendations of the Statutory Officers Joint Committee;

(ii) the conclusions of any investigation into the allegations; and

(iii) any representations from the relevant officer.

(g) Notice of the dismissal of the Head of Paid Service, Monitoring Officer, Chief Officer or Section 151 Officer must not be given by the until:

(i) the Statutory Officers Joint Committee has notified the Proper Officer of the name of the person who the Statutory Officers Joint Committee wishes to recommend to the full Council should be dismissed and any other particulars which the Statutory Officers Joint Committee considers are relevant to the proposed dismissal;

and

(ii) full Council has accepted the Statutory Officers Joint Committee’s recommendation.

10.4 Any remuneration, allowances or fees paid by the Council to an independent person appointed to the Statutory Officers Joint Committee must not exceed the level of remuneration, allowances or fees payable to that independent person in respect of that person's role as independent person under the 2011 Act.

11. Disciplinary action and Dismissal of Directors

11.1 In the case of disciplinary action or dismissal of a Director, the Head of Paid Service will hear the case against the Director concerned and subject to Officer Employment Rule 11.2 being complied with make the final decision. The hearing will be conducted in accordance with the Council’s Disciplinary Procedure.

11.2 Officer Employment Procedures Rule 10.2 to 10.4 will apply to the taking of disciplinary action or dismissal of a Director with the necessary changes and to reflect that the Head of Paid Service is the decision-maker.

12. Dismissal and management of all other officers

12.1 The dismissal and management of employees (except the Head of Paid Services, Monitoring Officer and Section 151 Officer) including disciplinary action will be carried out by properly authorised officers of the Council in line with the Recruitment and Selection Policy, other employment policies and procedures agreed by the Council and in compliance with statutory obligations.

12.2 Councillors will not be involved in disciplinary action or the dismissal of any officer other than the Head of Paid Service, Section 151 Officer and the Monitoring Officer except where such involvement is necessary for any investigation or inquiry into alleged misconduct.

CHAPTER 6 – CODES AND PROTOCOLS

COUNCILLORS’ CODE OF CONDUCT

Introduction

All councils are required to have a local Councillor Code of Conduct. This code of conduct has been adopted by West Devon Borough Council (the Council) as its’ Code of Conduct and is based on the Local Government Association (LGA) Model Councillor Code of Conduct.

Definitions

For the purposes of this Code of Conduct:

“councillor” means a member or co-opted member of a local authority or a directly elected mayor.

“co-optedmember” is “a person who is not a member of the authority but who

a) is a member of any committee or sub-committee of the authority, or;

b) is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority; and

who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee”.

‘director’includes a member of the committee of management of an industrial and provident society.

“Disclosable pecuniary interest” means an interest of yourself, or of your partner if you are aware of your partner's interest, within the descriptions set out in Table 1 in Appendix B.

“Other Registerable Interest” means an interest of yourself within the descriptions set out in Table 2 in Appendix B.

"Partner" means a spouse or civil partner, or a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners.

“local authority” includes county councils, district councils, London borough councils, parish councils, town councils, fire and rescue authorities, police authorities, joint authorities, economic prosperity boards, combined authorities and National Park authorities.

‘securities’ means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.

A ‘sensitive interest’ is as an interest which, if disclosed, could lead to you, or a person connected with you, being subject to violence or intimidation.

Purpose of the Code of Conduct

The purpose of this Code of Conduct is to assist you, as a councillor, in modelling the behaviour that is expected of you, to provide a personal check and balance, and to set out the type of conduct that could lead to action being taken against you. It is also to protect you, the public, fellow councillors, local authority officers and the reputation of local government. It sets out general principles of conduct expected of all councillors and your specific obligations in relation to standards of conduct.

The fundamental aim of the Code is to create and maintain public confidence in the role of councillor and local government.

General principles of councillor conduct

Everyone in public office at all levels; all who serve the public or deliver public services, including ministers, civil servants, councillors and local authority officers; should uphold the Seven Principles of Public Life, also known as the Nolan Principles (Appendix A).

Building on these principles, the following general principles have been developed specifically for the role of councillor.

In accordance with the public trust placed in me, on all occasions:

• I act with integrity and honesty

• I act lawfully

• I treat all persons fairly and with respect; and

• I lead by example and act in a way that secures public confidence in the role of councillor.

In undertaking my role:

• I impartially exercise my responsibilities in the interests of the local community;

• I do not improperly seek to confer an advantage, or disadvantage, on any person;

• I avoid conflicts of interest;

• I exercise reasonable care and diligence; and

• I ensure that public resources are used prudently in accordance with my Council’s requirements and in the public interest.

Application of the Code of Conduct

This Code of Conduct applies to you as soon as you sign your declaration of acceptance of the office of councillor or attend your first meeting as a co-opted member and continues to apply to you until you cease to be a councillor.

This Code of Conduct applies to you when you are acting in your capacity as a councillor which may include when:

• you misuse your position as a councillor;

• your actions would give the impression to a reasonable member of the public with knowledge of all the facts that you are acting as a councillor;

The Code applies to all forms of communication and interaction, including:

• at face-to-face meetings;

• at online or telephone meetings;

• in written communication;

• in verbal communication;

• in non-verbal communication; and

• in electronic and social media communication, posts, statements and comments.

You are also expected to uphold high standards of conduct and show leadership at all times when acting as a councillor.

The Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and you are encouraged to seek advice from the Monitoring Officer on any matters that may relate to the Code of Conduct. Town and parish councillors are encouraged to seek advice from their Clerk, who may refer matters to the Monitoring Officer.

Standards of councillor conduct

This section sets out your obligations, which are the minimum standards of conduct required of you as a councillor. Should your conduct fall short of these standards, a complaint may be made against you, which may result in action being taken.

Guidance is included to help explain the reasons for the obligations and how they should be followed.

General Conduct

1. Respect

As a councillor:

1.1 I treat other councillors and members of the public with respect.

1.2 I treat local authority employees, employees and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.

Respect means politeness and courtesy in behaviour, speech, and in the written word.

Debate and having different views are all part of a healthy democracy. As a councillor, you can express, challenge, criticise and disagree with views, ideas, opinions and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack. In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s expectations and confidence in councillors.

In return, you have a right to expect respectful behaviour from the public. If members of the public are being abusive, intimidatory or threatening you are entitled to stop any conversation or interaction in person or online and report them to the local authority, the relevant social media provider or the police. This also applies to fellow councillors, where action could then be taken under the Councillor Code of Conduct, and local authority employees, where concerns should be raised in line with the Council’s councillor-officer protocol.

2. Bullying, harassment and discrimination

As a councillor:

2.1 I do not bully any person.

2.2 I do not harass any person.

2.3 I promote equalities and do not discriminate unlawfully against any person.

The Advisory, Conciliation and Arbitration Service characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying might be a regular a pattern of behaviour or a one-off incident, happen face-to-face, on social media, in emails or phone calls, happen in the workplace or at work social events and may not always be obvious or noticed by others.

The Protection from Harassment Act 1997 defines harassment as conduct that causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person.

Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The Equality Act 2010 places specific duties on local authorities. Councillors have a central role to play in ensuring that equality issues are integral to the Council’s performance and strategic aims, and that there is a strong vision and public commitment to equality across public services.

3. Impartiality of officers of the Council

As a councillor:

3.1 I do not compromise, or attempt to compromise, the impartiality of anyone who works for, or on behalf of, the local authority.

Officers work for the Council as a whole and must be politically neutral (unless they are political assistants). They should not be coerced or persuaded to act in a way that would undermine their neutrality. You can question officers in order to understand, for example, their reasons for proposing to act in a particular way, or the content of a report that they have written. However, you must not try and force them to act differently, change their advice, or alter the content of that report, if doing so would prejudice their professional integrity.

4. Confidentiality and access to information

As a councillor:

4.1 I do not disclose information:

4.1.1 given to me in confidence by anyone; or

4.1.2 acquired by me which I believe, or ought reasonably to be aware, is of a confidential nature, unless:

(a) I have received the consent of a person authorised to give it;

(b) I am required by law to do so;

(c) the disclosure is made to a third party for the purpose of obtaining professional legal advice provided that the third party agrees not to disclose the information to any other person; or

(d) the disclosure is:

(da) reasonable and in the public interest; and

(db) made in good faith and in compliance with the reasonable requirements of the Council; and

(dc) I have consulted the Monitoring Officer prior to its release.

4.2 I do not improperly use knowledge gained solely as a result of my role as a councillor for the advancement of myself, my friends, my family members, my employer or my business interests.

4.3 I do not prevent anyone from getting information that they are entitled to by law.

Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the Council must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations.

5. Disrepute

As a councillor:

5.1 I do not bring my role or local authority into disrepute.

As a Councillor, you are trusted to make decisions on behalf of your community and your actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. You should be aware that your actions might have an adverse impact on you, other councillors and/or the Council and may lower the public’s confidence in your or the Council’s ability to discharge your/its functions. For example, behaviour that is considered dishonest and/or deceitful can bring the Council into disrepute.

You are able to hold the local authority and fellow councillors to account and are able to constructively challenge and express concern about decisions and processes undertaken by the council whilst continuing to adhere to other aspects of this Code of Conduct.

6. Use of position

As a councillor:

6.1 I do not use, or attempt to use, my position improperly to the advantage or disadvantage of myself or anyone else.

Your position as a member of the Council provides you with certain opportunities, responsibilities and privileges, and you make choices all the time that will impact others.

However, you should not take advantage of these opportunities to further your own or others’ private interests or to disadvantage anyone unfairly.

7. Use of local authority resources and facilities

As a councillor:

7.1 I do not misuse council resources.

7.2 I will, when using the Council’s resources or authorising their use by others:

7.2.1 act in accordance with the Council’s requirements; and

7.2.2 ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the local authority or of the office to which I have been elected or appointed

You may be provided with resources and facilities by the Council to assist you in carrying out your duties as a councillor. Examples might include:

• office support

• stationery

• equipment such as phones, and computers

• transport

• access and use of Council buildings and rooms.

These are given to you to help you carry out your role as a councillor more effectively and are not to be used for business or personal gain. They should be used in accordance with the purpose for which they have been provided and the Council’s own policies regarding their use.

8. Complying with the Code of Conduct

As a Councillor:

8.1 I undertake Code of Conduct training provided by the Council.

8.2 I cooperate with any Code of Conduct investigation and/or determination.

8.3 I do not intimidate or attempt to intimidate any person who is likely to be involved with the administration of any investigation or proceedings.

8.4 I comply with any sanction imposed on me following a finding that I have breached the Code of Conduct.

It is extremely important for you as a councillor to demonstrate high standards, for you to have your actions open to scrutiny and for you not to undermine public trust in the local authority or its governance. If you do not understand or are concerned about the Council’s processes in handling a complaint you should raise this with your Monitoring Officer.

Protecting your reputation and the reputation of the local authority

9. Interests

As a councillor:

9.1 I register and disclose my interests.

Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and maintain a register of interests of members of the Council.

You need to register your interests so that the public, Council employees and fellow councillors know which of your interests might give rise to a conflict of interest. The register is a public document that can be consulted when (or before) an issue arises. The register also protects you by allowing you to demonstrate openness and a willingness to be held accountable. You are personally responsible for deciding whether or not you should disclose an interest in a meeting, but it can be helpful for you to know early on if others think that a potential conflict might arise. It is also important that the public know about any interest that might have to be disclosed by you or other councillors when making or taking part in decisions, so that decision making is seen by the public as open and honest. This helps to ensure that public confidence in the integrity of local governance is maintained.

You should note that failure to register or disclose a disclosable pecuniary interest is a criminal offence under the Localism Act 2011.

Appendix B sets out the detailed provisions on registering and disclosing interests. If in doubt, you should always seek advice from your Monitoring Officer.

10. Gifts and hospitality

As a councillor:

10.1 I do not accept gifts or hospitality, irrespective of estimated value, which could give rise to real or substantive personal gain or a reasonable suspicion of influence on my part to show favour from persons seeking to acquire, develop or do business with the local authority or from persons who may apply to the local authority for any permission, licence or other significant advantage.

10.2 I register with the Monitoring Officer any gift or hospitality with an estimated value of at least £100 within 28 days of its receipt.

10.3 I register with the Monitoring Officer any significant gift or hospitality that I have been offered but have refused to accept.

To protect your position and the reputation of the Council, you should exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a councillor. The presumption should always be not to accept significant gifts or hospitality. However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case you could accept it but must ensure it is publicly registered.

However, you do not need to register gifts and hospitality which are not related to your role as a councillor, such as Christmas gifts from your friends and family. It is also important to note that it is appropriate to accept normal expenses and hospitality associated with your duties as a councillor. If you are unsure, do contact your Monitoring Officer for guidance.

Appendix A

The Seven Principles of Public Life

The principles are:

Selflessness

Holders of public office should act solely in terms of the public interest.

Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must disclose and resolve any interests and relationships.

Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

Openness

Holders of public office should act and take decisions in an open and transparent manner.

Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

Honesty

Holders of public office should be truthful.

Leadership

Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

Appendix B

Registering interests

1. Within 28 days of becoming a member or your re-election or re-appointment to office you must register with the Monitoring Officer the interests which fall within the categories set out in Table 1. You should also register details of your other personal interests which fall within the categories set out in Table 2.

2 You must ensure that your register of interests is kept up-to-date and within 28 days of becoming aware of any new interest, or of any change to a registered interest, notify the Monitoring Officer.

3 Where you have a ‘sensitive interest’ you must notify the Monitoring Officer with the reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees they will withhold the interest from the public register.

Non participation in case of disclosable pecuniary interest

4. Where a matter arises at a meeting which directly relates to one of your Disclosable Pecuniary Interests, you must disclose the interest, not participate in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest, just that you have an interest. Dispensation may be granted in limited circumstances, to enable you to participate and vote on a matter in which you have a disclosable pecuniary interest.

Disclosure of Other Registerable Interests

5. Where a matter arises at a meeting which directly relates to one of your Other Registerable Interests, you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.

Disclosure of Non-Registerable Interests

6. Where a matter arises at a meeting which directly relates to your financial interest or well-being (and is not a Disclosable Pecuniary Interest) or a financial interest or well-being of a relative or close associate, you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.

7. Where a matter arises at a meeting which affects:

7.1. your own financial interest or well-being;

7.2. a financial interest or well-being of a friend, relative, close associate; or

7.3 a body included in those you need to disclose under Disclosable Pecuniary Interests you must disclose the interest. In order to determine whether you can remain in the meeting after disclosing your interest the following test should be applied

8. Where a matter affects your financial interest or well-being:

8.1. to a greater extent than it affects the financial interests of the majority of inhabitants of the ward affected by the decision and;

8.2 a reasonable member of the public knowing all the facts would believe that it would affect your view of the wider public interest,

you may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation.

If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.

9. Where you have a personal interest in any business of the Council and you have made an executive decision in relation to that business, you must make sure that any written statement of that decision records the existence and nature of your interest.

Table 1: Disclosable Pecuniary Interests

This table sets out the explanation of Disclosable Pecuniary Interests as set out in the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012.

Subject	Description
Employment, office, trade, profession or Vocation	Any employment, office, trade, profession or vocation carried on for profit or gain. Any unpaid directorship.
Sponsorship	Any payment or provision of any other financial benefit (other than from the council) made to the councillor during the previous 12-month period for expenses incurred by him/her in carrying out his/her duties as a councillor, or towards his/her election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.
Contracts	Any contract made between the councillor or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/civil partners (or a firm in which such person is a partner, or an incorporated body of which such person is a director or a body that such person has a beneficial interest in the securities of) and the Council — (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged
Land and Property	Any beneficial interest in land which is within the area of the council. ‘Land’ excludes an easement, servitude, interest or right in or over land which does not give the councillor or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/ civil partners (alone or jointly with another) a right to occupy or to receive income
Licenses	Any licence (alone or jointly with others) to occupy land in the area of the council for a month or longer
Corporate tenancies	Any tenancy where (to the councillor’s knowledge)— (a) the landlord is the council; and (b) the tenant is a body that the councillor, or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/ civil partners is a partner of or a director of or has a beneficial interest in the securities of.
Securities	Any beneficial interest in securities* of a body where— (a) that body (to the councillor’s knowledge) has a place of business or land in the area of the council; and (b) either— (i) the total nominal value of the securities* exceeds £25,000 or one hundredth of the total issued share capital of that body; or (ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the councillor, or his/ her spouse or civil partner or the person with whom the councillor is living as if they were spouses/civil partners has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

Table 2 – Other Registerable Interests

You have a personal interest in any business of your authority where it relates to or is

likely to affect:

a) any body of which you are in general control or management and to which you are nominated or appointed by the Council: or

b) any body:

(i) exercising functions of a public nature;

(ii) any body directed to charitable purposes; or

(iii) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union)

COUNCILLOR COMPLAINT PROCESS

COUNCILLOR COMPLAINT PROCESS

1. Making a complaint

1.1 Complaints should be made in writing to the Monitoring Officer, using the online complaint form or a form provided by the Monitoring Officer if possible.

1.2 For a complaint to be considered it must also:

(a) identify the Councillor(s) complained about;

(b) identify the provisions of the code of conduct said to have been breached;

(d) be clear about what remedy is being sought.

1.3 Anonymous complaints will not be considered.

1.4 In the interests of fairness and natural justice, the Councillor who is the subject of the complaint will normally be told who has complained about them and the details of the complaint. There may be occasions where the complainant requests that their identity is withheld. Such a request will only be agreed in exceptional circumstances.

2. Who will deal with the complaint?

2.1 The Initial Assessment of any complaint under Stage 1 will be dealt with by the Monitoring Officer or by a person authorised by the Monitoring Officer in consultation with members of the Audit and Governance (Assessment) Panel.

2.2 Any investigation under Stage 2, will be conducted by the Monitoring Officer or a person appointed by the Monitoring Officer (“the Investigating Officer”).

2.3 The Council’s Audit and Governance (Hearing) Sub-Committee will consider the Investigating Officer’s report.

2.4 The Independent Person will be able to attend any meetings held under Stage 2 of the process.

3. How will any complaint be dealt with?

3.1 Stage 1 – Initial Assessment

The Monitoring Officer or the person authorised by the Monitoring Officer will consider the complaint and in particular will consider whether:

(a) the complaint is about the conduct of a councillor or lay or co-opted member of the Council or a town or parish council within the Council’s area;

(b) the Councillor was a councillor at the time of the incident giving rise to the complaint;

(d) the matters giving rise to the complaint would, if proven, be capable of breaching the Code of the relevant local authority.

3.2 If the complaint:

(a) fails one or more of those tests, no further action will be taken.

(b) shows a clear and obvious breach that can be resolved amicably, the Monitoring Officer after consultation with the Independent Person, may seek to resolve the complaint; or

(c) if the Monitoring Officer or the person authorised by the Monitoring Officer in consultation with the Independent Person is satisfied that it would be disproportionate to investigate the complaint, no further action will be taken.

In all cases, the Monitoring Officer’s decision will be final.

3.3 Unless the complaint is about a failure to disclose a Disclosable Pecuniary Interest or other criminal behaviour (see paragraph 3.8 below), if the complaint satisfies the tests in paragraphs 3.1 and is not otherwise dealt with in accordance with paragraph 3.2, the Monitoring Officer or the person authorised by the Monitoring Officer will prepare a report and consult with members of the Audit and Governance (Assessment) Panel. The Councillor, and if they are a Town or Parish Councillor, the relevant Town or Parish Clerk, will be informed of the receipt of the complaint.

3.4 When considering the report and assessing the complaint the Monitoring Officer and the Audit and Governance (Assessment) Panel will have regard to the criteria set out in Appendix A and any relevant guidance issued by the Local Government Association on the assessment of councillor complaints.

3.5 The Monitoring Officer in consultation with the members of the Audit and Governance (Assessment) Panel may:

(a) reject the complaint or to decide to take no action – in which case the Monitoring Officer will give their reasons for doing so;

(b) seek an informal resolution (including, for example, an apology, or mediation); or

3.6 A copy of the complaint and a summary of the Monitoring Officer’s Assessment will be sent to the Councillor and to the complainant by the Monitoring Officer or the person authorised by the Monitoring Officer.

NOTE: There will be a strong presumption towards an assessment being treated as being exempt from disclosure to the wider public. This is because the assessment is considering possibly unfounded and potentially damaging complaints about councillors, which it would not be appropriate to make public because of the risk of reputational damage or the risk of prejudicing any future investigation.

3.7 The decision of the Monitoring Officer will be final and there will not be any review or appeal.

3.8 A complaint that involves an allegation of a breach of a Disclosable Pecuniary Interest will be referred to the Police and will not at that stage be subject to any further investigation by the Council. Where a complaint involves allegations in addition to one relating to a Disclosable Pecuniary Interest, those additional allegations will not usually be investigated following the completion of any police investigation.

3.9 Stage 2 – Investigation and hearing

The Investigating Officer will examine any available evidence of the alleged breach. They will usually interview the complainant, the Councillor and, if appropriate any witnesses. The Investigating Officer will prepare a report setting out:

(a) the agreed facts;

(b) any facts which are not agreed and the conflicting evidence; and

3.10 The Investigating Officer’s report will be circulated with the agenda as an exempt item. Having resolved to exclude the press and public from the meeting, the Audit and Governance (Hearing) Sub-Committee will consider whether the press and public should continue to be excluded further from all or any part of the hearing. Before making its decision the Sub-Committee may ask the Investigating Officer and the Councillor complained about (if present) for their views.

NOTE: To promote public confidence and ensure fairness and transparency, the hearing will normally be held in public. However, the Sub-Committee may resolve to exclude the public and press for any part of the hearing where confidential or exempt information is considered and will usually do so when coming to its decision (see Appendix B).

3.11 The Audit and Governance (Hearing) Sub-Committee will reach a view on disputed facts and decide whether or not to accept the conclusion of the Investigating Officer on the alleged breach of the Code of Conduct. The Sub-Committee may:

(a) dismiss the complaint;

(b) refer the complaint to the Monitoring Officer to seek an informal resolution;

(c) hold a hearing of the Sub-Committee (which depending on the circumstances may or may not be held on the same day as the initial consideration of the Investigating Officer’s report).

3.12 The hearing will be to make a final decision on whether or not a Councillor has breached the Code of Conduct and, if so, to decide whether any sanction should be imposed.

3.13 The Sub-Committee may decide:

(a) to take no further action;

(b) to seek an informal resolution between the complainant and the subject Councillor (if agreed by both parties);

(d) to request the Councillor to give an unequivocal apology ;

(e) to instruct the Monitoring Officer to request the Councillor to attend training;

(f) to refer the matter to the full Council (in the case of a Town and Parish Councillor refer the matter to the relevant Town or Parish Council).

4. Is there a right of appeal?

4.1 There is no right of appeal against the decision of the Audit and Governance (Hearing) Sub-Committee.

5. How will the Decision be publicised?

5.1 A summary of complaint, the Audit and Governance (Hearing) Sub-Committee’s conclusions and reasons shall be sent to the Councillor and in the case of a Town and Parish Councillor to the clerk of the relevant Town or Parish Council, and unless the Sub-Committee agrees otherwise due to exceptional circumstances, be published on the Council’s website.

6. How long will it take to deal with a complaint?

6.1 The Monitoring Officer will aim to complete their initial assessment of any complaint within 20 working days, with the copy of the complaint and a summary of the Monitoring Officer’s Assessment being sent to the Councillor and to the complainant within 5 working days.

6.2 Where a complaint is to be investigated, the Monitoring Officer will agree a reasonable and realistic target date by which the investigation should aim to be completed with the Audit and Governance (Assessment) Panel. Most investigations will be capable of being carried out, and a report on the investigation completed, within a maximum of six months of the original complaint being referred for an investigation.

APPENDIX A: ASSESSMENT CRITERIA

1. Initial Tests

1.1 The complaint is about the conduct of a Councillor or lay or co-opted member of a council within the Council’s area;

1.2 The Councillor was a councillor at the time of the incident giving rise to the complaint;

1.3 The Councillor was a councillor at the time of the complaint; and

1.4 The matters giving rise to the complaint would, if proven, be capable of breaching the Code of the relevant local authority.

2. Sufficiency of information

Has the complainant provided sufficient information to allow the Sub-Committee assessing the complaint to understand the issues complained about? If insufficient information is provided, the Sub-Committee will not normally proceed with assessment of the complaint.

3. Seriousness of the Complaint and proportionality

3.1 Does the complaint appear, on the available information, to be trivial, vexatious, malicious, politically motivated or ‘tit for tat’?

3.2 Other than in particularly serious cases a complaint will not generally be referred for investigation if the Councillor has offered an apology, or if the view is taken that the complaint can reasonably be addressed by other means.

3.3 Given the public interest in financial and other resources being used efficiently referral for investigation is generally reserved for more serious complaints where alternative options for resolution are not considered by the Sub-Committee to be appropriate. A complaint may be regarded as serious in its own right or when considered in conjunction with a serious of incidents/complaints.

4. Length of Time Elapsed

Except in exceptional circumstances a complaint will not be referred for investigation when it is made more than 20 working days from the date upon which the event giving rise to the complaint took place.

5. Multiple Complaints

A single event may give rise to similar complaints from a number of complainants. These will generally be treated as a single complaint with multiple complainants.

APPENDIX B: GUIDANCE ON THE EXCLUSION OF THE PRESS AND PUBLIC AT HEARINGS

1 Initial Considerations

The purpose of publicity in the determination of complaints that a Councillor has breached the code of conduct is to:

(a) promote the public interest;

(b) maintain public confidence in local government;

(d) is consistent with the proper discharge of the Council’s functions in accordance with the Human Rights Act 1998 which provide for a public hearing.

2 Presumption in favour of openness

Given the purpose of publicity, there is a presumption that the Audit and Governance (Hearings) Sub-Committee will proceed with the hearing in public.

3 Exceptional circumstances

The Sub-Committee may however override the presumption in favour of openness if it is satisfied that there are exceptional circumstances which outweigh the public interest in the hearing being open to the public before excluding the press and public and proceeding in private for all or part of the hearing. Common examples of exceptional circumstances include the following (the list is not exhaustive):

(a) health;

(b) sexual allegations;

(d) public order;

(e) the protection of the private life of the parties requires; or

(f) where the complainant is an employee of the authority to which the councillor complained about is a member.

4 Announcement of decision

Even if the whole or part of a hearing has been held in the absence of the press and public, the Sub-Committee will normally announce its decision in public. If necessary, there may be a public and a private record of the decision made

COUNCILLOR AND OFFICER PROTOCOL

COUNCILLOR AND OFFICER PROTOCOL

1. General principles

1.1. The relationship between Councillors and Officers is based on the following principles:

(a) the Council is a democratically-elected local authority delivering a range of services to the people of West Devon;

(b) the Council is a single entity;

(d) in everything they do, Councillors and officers of the Council must act within the law and comply with relevant codes of conduct;

(e) dealings between Councillors and officers are based on mutual trust and respect;

(f) the relationship must exist on a professional basis only so that the ability of an officer to deal impartially with Councillors or political groups cannot be questioned;

(g) officers should not approach Councillors on matters to do with employment matters except as agreed by the Head of Paid Service.

1.2 Officers and Councillors each have their own roles to play in the work of the Council and care should be taken to avoid one encroaching upon the other.

1.3 The role of Councillors

(a) To provide the political direction and leadership of the Council. Councillors are accountable through the ballot box for their actions as Councillors.

(b) To see that services are delivered by officers in accordance with the policies and plans approved by the Council.

(c) To receive appropriate professional advice from officers and to have that advice recorded, so that all Councillors are fully aware of the implications of their decisions and have the assurance that their decisions comply with the law.

(d) To make reasonable comment and ask questions about the Council’s decisions and performance both at formal meetings and informally.

1.4 The role of Officers

(a) To serve the whole Council as a single corporate body while recognising the differences between the Council’s functions.

(b) To provide wherever practicable, support to all Councillors in their representational role and act to uphold the rights of Councillors in law and under this Constitution.

(c) To take decisions within their area of responsibility which have been delegated and/or nominated to them but recognising that, where functions have not been delegated/nominated to officers, it is the right of Councillors to take the final decisions in the light of officers’ advice.

(d) To provide factual, honest and objective advice. The advice and the actions officers take should be politically neutral and should serve the interests of the Council as a whole. Officers do not give advice on party political matters.

2. Officer advice to Councillors and Party Groups

2.1 For the proper functioning of the Council as a whole, officers will normally be permitted to share information freely between them.

2.2 Where the information has been given based on party political confidentiality:

(a) officers will respect that confidentiality unless they believe that any action appears to be in conflict with the law, or would amount to an abuse of the processes of the Council and in those circumstances may share that information with other officers where they believe it to be necessary to check the legality, financial probity or procedural regularity of any action disclosed by that information.

(b) The request for party political confidentiality will be honoured by any officers with whom the information is shared.

2.3 Where party political confidentiality has been requested, officers may invite those Councillors requesting confidentiality to agree to the information being shared with the other political groups on the grounds that it would assist the more effective functioning of the Council; however, in the absence of any such agreement to waive confidentially, officers will continue to respect it.

2.4 Where there is a change in the controlling party, officers will act in relation to the new controlling party and opposition parties in the same way as they did for the old and will continue to respect any continuing party-political confidentiality.

2.5 Officers are not required to attend political party group meetings. They will only do so by invitation, with the express authority of the Chief Executive or Chief Officer. The Chief Executive, and the Chief Officers will have the right to nominate other officers to attend at their sole discretion.

2.6 Where it is possible that persons other than Councillors will be present at a political party group meeting to which an officer has been invited, the Chief Executive, and/or Chief Officer will be informed before the meeting, and they will take this into account in arriving at their decision.

3. Support services to Councillors and Party Groups

Support services and resources must only be used on Council business and should never be used in connection with any political or campaigning activity or for private purposes.

4. Councillors' access to information and to Council documents

4.1 Councillors have various statutory and common law rights to access information. Councillors may ask the Head of Paid Service or other officers nominated by them for such information, explanation and advice as they may reasonably need in order to assist them in discharging their role as a Councillor. This can range from a request for general information about some aspect of the Council's activities to a request for specific information on behalf of a constituent.

4.2 A Councillor does not have a right to "a roving commission" to examine documents of the Council. Mere curiosity is not sufficient. The crucial question is the determination of the "need to know". This question must initially be decided by Officer holding the document in question. In the event of dispute, the matter shall be decided by the Head of Paid Service.,

4.3 In addition to the above, a Councillor may request information under the Freedom of Information Act 2000, and various other legislative provisions including the Local Government Acts of 1972 and 2000 provide a statutory right of access to documents. Any document that is in the Council’s possession and contains material relating to any business to be considered at a meeting of the Council, a Committee or Sub-Committee is to be open to inspection by any Councillor. However, there is no right of inspection where it appears to the Head of Paid Service that a document discloses certain classes of exempt information as set out in Access to Information Procedure Rules.

4.4 The Code of Conduct limits the ability of a Councillor to disclose confidential information. Further information of rights of access can be found in the Access to Information Procedure Rules.

5. Correspondence

5.1 Openness and transparency should underpin the work of the Council. Accordingly, blind copies ie correspondence where some of the intended recipients are deliberately hidden from others, should not be sent.

5.2 Official letters on behalf of the Council should normally be sent in the name of the appropriate Officer, rather than in the name of a Councillor. It may be appropriate in certain circumstances (eg, representations to a Government Minister) for a letter to appear in the name of a Councillor, but this should be the exception rather than the norm. Letters which, for example, create obligations or give instructions on behalf of the Council should never be sent out in the name of a Councillor.

6. Involvement of Ward Councillors

Whenever a public meeting is organised by the Council to consider a local issue, all the Councillors representing the Ward or Wards affected shall normally, as a matter of course, be invited to attend the meeting. Similarly, whenever the Council undertakes any form of consultative exercise on a local issue, all the Ward Councillors shall normally be notified at the beginning of the exercise.

PROTOCOL FOR COUNCILLORS AND OFFICERS DEALING WITH PLANNING APPLICATIONS

PROTOCOL FOR COUNCILLORS AND OFFICERS DEALING WITH PLANNING APPLICATIONS

1. General

1.1. Deciding planning applications is a formal administrative process involving rules of procedure, rights of appeal and an expectation that decision makers will act reasonably and fairly. Procedural unfairness can leave planning decisions vulnerable to legal challenge in the High Court.

1.2. This Protocol applies to every Councillor irrespective of whether or not they are a member of the Development Management and Licensing Committee and to all Officers. It supports the Councillors’ Code of Conduct.

2. Pre-determination

2.1. Since any planning application must be decided on its merits, taking into account all material planning considerations, Councillors who are members of the Development Management and Licensing Committee must not make up their minds on a planning application before they all have all the relevant information. Decisions can only be taken after full consideration of the officer’s report and information and discussion at the Development Management and Licensing Committee meeting.

2.2 This does not mean that Councillors on the Development Management and Licensing Committee cannot hold strong views about an application. However, if a Councillor fully commits themselves to a particular view on a planning application, such that their mind is no longer open to the consideration of the merits of the case, that Councillor should not take part in the debate or vote on an application.

3. Pre-application discussions

3.1 All Councillors have an important part to play in community engagement. Councillors who take part in pre-application discussions either with applicants or objectors need to be aware of the:

(a) need to remain impartial;

(b) danger of giving inconsistent or inappropriate advice particularly when not all the facts are known so advice should be limited to matters of process;

(d) the fact that they are not negotiators.

3.2 On the basis of “no surprises” where potential issues are brought to Councillors’ attention during any pre-application discussion at which it was not practicable for an Officer to be present they should alert Officers to the issue as soon as possible and not leave it to the Development Management and Licensing Committee meeting.

3.3 The Council has adopted a Pre-application Advice Policy

4 Lobbying of Councillors

4.1 Lobbying, whether by applicants, objectors or those in support of an application, is a normal part of the political process and can take the form of meetings, both private and public, formal presentations or correspondence. It is an essential part of the process that local concerns can be expressed. However, care must be taken to ensure that lobbying does not call into question the integrity and fairness of the planning process or an individual Councillor.

4.2 When lobbied, members of the Development Management and Licensing Committee should take care about expressing an opinion which could be taken as an indication that they have already made up their mind on the issue and are no longer open to consideration of the merits of the application. Instead they should give procedural advice including suggesting that contact is made with the Planning Officer.

4.3 If members of the Development Management and Licensing Committee do express an opinion, care should be taken to state that this is a preliminary view only and the final decision will be reached when all the facts are available at the Development Management and Licensing Committee meeting.

4.4 Any written or electronic correspondence received should be passed by the Councillor who is main addressee (if the e-mail is addressed to all Councillors of the Development Management and Licensing Committee, this will be the Chairman of the Development Management and Licensing Committee) immediately to the Planning Officer for recording on the file and for communication to all Development Management and Licensing Committee members.

4.5 Members of the Development Management and Licensing Committee should take care when attending meetings in connection with development proposals or submitted planning applications unless such meetings have been arranged as Councillor briefings as part of the formal process. Councillors should take advice from the Monitoring Officer before deciding whether to attend meetings that appear to have been organised for lobbying purposes.

4.6 Members of the Development Management and Licensing Committee should consider whether any contact with an applicant, objector or landowner is significant, and if so, disclose such contact prior to any decision being taken on the application. This should be formally recorded in the record of the Development Management and Licensing Committee meeting.

5 Lobbying by Councillors

5.1 Ward Councillors have an important role to play as representatives of their communities and to bring local information to the decision-making process. Ward Councillors may therefore become involved in discussions with Officers about individual applications. However, they should remember that it is very easy to create the impression that they are using their position to influence the progress of the application. Any discussions with Officers should be seen to be open and transparent. Officers should make a note on the file of any such discussions.

5.2 Ward Councillors who are not members of the Development Management and Licensing Committee can make representations on planning applications in their Ward and may attend meetings of the Development Management and Licensing Committee and, with the Chairman of Development Management and Licensing Committee’s agreement, can address the Development Management and Licensing Committee on such applications in accordance with the protocol on public speaking at Development Management and Licensing Committee meetings. Any representations or address should relate to the planning merits of a planning application. This will not apply if the Councillor is also a Parish/Town Councillor and the Parish/Town Council is the Applicant.

5.3 When making representations on behalf of their constituents, Councillors should make it clear that it is their constituents’ views and not their own that are being expressed. Also, Councillors should ensure that any representations on behalf of constituents are expressed in such a way that no individual or group feels that they have been unfairly represented.

5.4 Councillors should avoid lobbying Development Management and Licensing Committee Councillors and exerting of undue pressure on planning officers for a particular recommendation.

6. Membership of another local authority

6.1. A Councillor who is also a Councillor of another tier of local government should have regard to the guidance on interests in this Code. If in doubt about the nature of their interest, Councillors are recommended to seek further advice from the Monitoring Officer.

6.2. Councillors of the Development Management and Licensing Committee who are also Councillors of another tier of local government should adopt the practice of making it clear, when they participate in a debate on development proposals at a Parish/Town meeting, that the views they express are based upon information before them at that time, and might change in the light of further information at the Council’s Development Management and Licensing Committee Meeting.

7. Political group meetings

As a decision on a planning application cannot be made before the Development Management and Licensing Committee meeting when all available information will be available and has been considered, any political group meeting prior to the meeting of the Development Management and Licensing Committee should not be used to decide how Councillors should vote. Also, the Ombudsman takes the view that the use of political whips at group meetings in this way may be considered as maladministration.

8. Scheme of delegation

8.1 The detail of the delegations to officers is set out in the Scheme of Delegation.

8.2 Applications by the Council or in respect of Council-owned land

Applications submitted by the Council or made by any person in respect of Council-owned land will be decided by the Development Management and Licensing Committee.

8.3 Applications by Councillors and Officers

While it is perfectly legitimate for any Councillor or Officer to submit a planning application, it can easily give rise to suspicions of impropriety unless handled properly. Accordingly:

(a) all applications falling within paragraph * of the Officer Scheme of Delegation will be reported to and decided by the Development Management and Licensing Committee.

(b) while any application from a Councillor or Officer should usually be identified as part of the registration process, Councillors and Officers are encouraged to draw the fact that such an application has been submitted to the attention to both the Head of Development Management(or any other Officer nominated by them) in writing and also the relevant Planning Officer within 21 days of the date of the application being submitted to help ensure its identification.

(c) where an application is submitted by someone other than a Councillor, but in relation to land or a building in which the Councillor has a registered legal interest (which for the purpose of this code means a legal interest registered at HM Land Registry in the name of the Councillor), the Councillor is also encouraged to provide such notification as identified above. This is in addition to any duty the Councillor may have regarding the disclosure of any interest including any Disclosable Pecuniary Interest for the purposes of the Councillor Code of Conduct.

(d) any Councillor or Officer who submits a planning application must not take part in or seek to influence the decision-making process relating to that application.

(e) any Councillor or Officer who acts as an agent for people pursuing a planning matter with the Council must not take part in the decision-making process for that proposal, nor seek in any way to influence it.

9. Decision-making

9.1 The legal framework

The Town and Country Planning Act 1990 requires the Council to have regard to the provisions of the development plan, so far as material to the application and to any other material consideration. Also, the application is to be decided in accordance with provisions of the development plan unless material considerations suggest otherwise.

9.2 Reports to the Development Management and Licensing Committee

(a) All planning applications that are to be decided by the Development Management and Licensing Committee will be the subject of a written report from the Planning Officer. The report should aim to be as accurate as possible and include a summary of the substance of representations received, the relevant policies, identify any other material considerations, contain an appraisal of the application and give a recommendation. Where the recommendation is contrary to policy or is a departure from the development plan, the report will identify this and provide reasoned justification.

(b) Officers may report additional information received after the publication of the Development Management and Licensing Committee report at the meeting.

9.3 Determination of applications contrary to Officer’s advice

(a) Although decisions should be based on any written report prepared by the Planning Officer, Councillors are not obliged to accept and follow the professional advice given by Officers. Nevertheless, when Councillors are minded to decide an application contrary to the Planning Officer’s recommendation, they should ensure that they have sound and convincing planning-based reasons for doing so, with evidence to support those reasons whether they are reasons to refuse an application, or to grant planning permission as a departure from the development plan.

(b) The mover of the motion must set out their reasons as part of the motion and if seconded; it may be appropriate for the Development Management and Licensing Committee to adjourn for a few minutes to allow Officers to consider the reasons. Where officers have doubts about the validity of the reasons given, then consideration should normally be given to the deferral of the application to the next meeting so that the reasons may be considered and tested further.

(c) Before a vote is taken or consideration is given to deferral, the Chairman of the Development Management and Licensing Committee should ensure that the Officers are given the opportunity to explain the likely implications of any subsequent decision.

(d) When Councillors determine an application contrary to the Planning Officer’s recommendation, the minute will state the reasons for the decision and if those reasons are to be based on development plan policies, identify the relevant policies and state in what way the application supports or infringes those policies. A copy of the minute will be placed on the planning application file.

10. Site visits

10.1 It is the responsibility of each Councillor to familiarize himself/herself with the location of any proposed development. This might well include seeking to view the site from areas that are accessible to the public. In no circumstance should a Councillor enter onto private land without the permission of the owner and occupier.

10.2 Exceptionally, where the impact of the proposed development is difficult to visualise both from the submitted plans and other supporting material a committee site visit may be agreed. The site visit will be carried out in accordance with arrangements that will ensure that it is conducted fairly and without risk of bias or predetermination. Site visits are about observing the site and getting a better understanding of the issues. They are not an opportunity for lobbying by the Applicant or objectors.

10.2 Site visits may be attended by all members of the Development Management and Licensing Committee, Ward Members, the Applicant/Agent and a representative of the Town or Parish Council. The Planning Officer and a Democratic Services Officer will also attend. Objectors and supporters will not be invited to a site visit.

10.3 On arrival the Chairman will explain the purpose and procedures of the site visit so that all are aware that it is a fact-finding exercise only and that no decision will be taken until the committee meeting. The Planning Officer, will then explain the application as it relates to the site and relevant viewpoints. Following any questions from the members of the Development Management and Licensing Committee to the Planning Officer, or clarification on matters that are relevant to the site inspection, the Chairman will end the site visit.

10.4 The role of the Applicant during a site visit shall only be to secure access to the site in accordance with health and safety provisions. The Applicant shall not participate in any discussions on site, but may be asked to provide information.

10.5 Ideally, it is desirable that all members of the Development Management and Licensing Committee should have attended the site visit. This will avoid giving the impression that Councillors voting on a planning application without having attended the visit to the particular site have not taken the opportunity to be fully informed about the application. It is accepted however that attendance at a site visit may not always be possible. Accordingly, the Planning Officer should report information gained from the site visit to the Development Management and Licensing Committee, so that all Councillors have the same information.

11. Interests

11.1 It is a fundamental principle that those who have a significant interest in the outcome of a particular planning application or enforcement matter should not make decisions in relation to that application or matter. This applies to both Councillors and Officers.

11.2 The Code of Conduct for Councillors provides guidance as to Disclosable Pecuniary Interests and Other Registrable Interests that may affect a Councillor’s ability to take part in the decision-making process. Councillors should declare and register those interests as required by the Code of Conduct for Councillors. Councillors with a Disclosable Pecuniary Interest in a planning application or enforcement matter should not take part in any discussions about the application or matter and leave the room during any discussions.

11.3 However, Councillors may have other interests which may influence their decision which will not amount to interests for the purposes of the Code. To maintain the integrity of the planning system, Councillors should be careful to ensure that such interests do not unduly influence their decisions. Interests can arise from:

(a) ward concerns;

(b) membership of other Committees of the Council;

(d) membership of other public or community bodies;

(e) membership of voluntary associations and trusts (including where appointed by the Council);

(f) a connection with a particular policy initiative of the Council;

(g) membership of clubs, societies and groups; and

(h) hobbies and other leisure interests.

11.4 Such interests do not mean that a member of Development Management and Licensing Committee is automatically prevented from taking part in the decision-making process. The Councillor should however think whether the interest is significant enough that it would lead a fair-minded and informed observer to conclude that there was a real possibility that the Councillor was biased or was likely to have pre-determined the planning application.

11.5 Officers who discover that they have an interest in a planning matter should, cease to act and report the interest to their immediate manager who will reallocate the matter to an Officer without an interest in it. The Officer having an interest will not take part in any part of the decision-making process in respect of that application.

11.6 Councillors and Officers who are unsure whether to declare an interest should seek advice from the Monitoring Officer, before the Development Management and Licensing Committee meeting. In the case of Councillors, the final decision whether to make a declaration and/or to withdraw from the meeting will always be one for them.

12. Councillor training

12.1 Town and Country Planning is a specialised field and both the Local Government Association and the Royal Town Planning Institute (RTPI) place particular emphasis on the need for Councillors to have an adequate knowledge of the planning process. Councillors have a responsibility to ensure that they understand the fundamental principles and keep up-to-date with developments.

12.2 The Council will provide training that all members of the Development Management and Licensing Committee must undertake before taking part in any Development Management and Licensing Committee meetings.

12.3 Training will be arranged for Councillors when there is a change in the composition of the Development Management and Licensing Committee or when there are material changes in legislation, policy guidance or practice.

13. Officers’ professional obligations

Many Planning Officers are Chartered Town Planners and are bound by the Code of Professional Conduct of the RTPI which imposes certain professional obligations including conflicts of interest and continuing training. Breaches of that Code may be subject to disciplinary action by the RTPI.

14. Breach of this Protocol

14.1 Failure to follow this Protocol without good reason, could be taken into account in investigations into possible maladministration against the Council, or have implications for the position of individual Councillors and Officers.

14.2 Breaches of this Code may also be breaches of the Council’s Code of Conduct for Councillors. If anybody wishes to make an allegation that a Councillor has breached this Protocol, such allegation should be made to the Monitoring Officer.

OFFICER EMPLOYMENT PROCEDURE RULES

1. Appointments on merit

1.1. Every appointment of a person as an officer shall be made on merit subject to the qualifications set out in section 7(2) of the Local Government and Housing Act 1989.

2. Transparency requirement

2.1. The Council will require any candidate for appointment as an officer to state in writing whether they are related to or the partner of any existing councillor or officer of the Council.

2.2. No candidate who is related to a Councillor or an officer will be appointed without the authority of the Head of Paid Service or an officer nominated by the Head of Paid Service.

2.3. Any candidate who fails to disclose such a relationship can be disqualified for the appointment and, if appointed, will be liable to dismissal without notice.

3. Seeking support for appointment

3.2. Subject to Officer Employment Procedure Rule 3.3, Councillors must not seek support for any person for any appointment with the Council.

3.3. Nothing in Officer Employment Procedure Rules 3.1 or 3.2 will prevent a Councillor from giving a written reference for a candidate for submission with an application for appointment.

4. Other appointments

4.1. The appointment of officers (other than assistants to political groups) is the responsibility of the Head of Paid Service or their nominee, and may not be made by Councillors.

4.2. The appointment of an assistant to a political group shall be made in accordance with the wishes of that political group

5. Recruitment of Head of Paid Service and Directors

(a) the duties of the officer concerned, and

(b) any qualifications or qualities to be sought in the person to be appointed;

(d) the remuneration package

5.2 Whether the post is to be advertised internally only or externally the Council will:

(a) make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of such persons who are qualified to apply for it; and

(b) make arrangements for a copy of the statement referred to in Office Employment Procedure Rule 5.1 to be sent to any person on request.

6. Role of the Statutory Officers Joint Committee

6.3. Appointment of a Head of Paid Service, Monitoring Officer or Section 151 Officer on an interim basis will follow the same process as that for a permanent appointment.