CONSTITUTION OF THE COUNCIL

Contents

Chapter 1 - Introduction. 2

Chapter 2 - Responsibility for Functions & Scheme of Delegation  9

Chapter 3 – Meeting Procedure Rules. 72

Chapter 4 – Acess to Information Procedure Rules. 123

Chapter 5 – Other Procedure Rules.

Chapter 6 – Codes and Protocols.

Chapter 7 –  Councillors’ Allowance Scheme.

Appendix 1 - Definitions

Record of Changes.

 

 

 

 

 

 


 

 

 

 

 

CHAPTER 1 - INTRODUCTION


 

 

CONSTITUTION OF THE COUNCIL

 

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

 

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

 

Chapter 1 - Summary and explanation

 

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

 

·         How the Council operates

·         How its decisions are made and

·         The procedures and rules which will be followed.

 

The Council

 

The Council is composed of 31 Councillors who are each elected to represent a particular Ward. There are 18 Wards in the Council’s area.  Details of the Wards and the Councillors elected to each Ward can be found here.

 

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

 

 

 

 

Councillors

 

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

 

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

 

How the Council operates

 

The Council operates committee system governance model.  Under this model, all Councillors meet together as the Council.  Formal meetings of the Council are open to the public except for certain exempt or confidential matters.  Here Councillors decide overarching policies of the Council and set the budget each year. 

 

The Council holds a special meeting, usually in May each year.  This meeting is known as the Annual Meeting.  At the Annual Meeting the Council appoints one Councillor to be its Leader.  It also approves the creation of its standing Committees and decides which decisions those committees can make.  The Council has * committees; these are:

 

Audit and Governance Committee

Hub Committee

Regeneration and Investment Committee

Overview and Scrutiny Committee

Development Management and Licensing Committee

Council Tax Setting Committee

 

The terms of reference of each Committee is explained in the Scheme of Delegation.

 

The councillors making up the membership of the Committees are from all political parties or groups. The membership of a committee reflects the overall political balance of the political parties and groups on the Council.

 

Decision-making

 

The following principles, known as “the Principles of Good Decision Making”, will guide the Council’s decision-making:

 

 

Overview and Scrutiny

 

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

 

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

 

The Council operates a ‘call-in’ process in respect of the more important decisions.  This means decisions that have been made, but not yet implemented can be reviewed by the Overview and Scrutiny Committee.  The call-in process enables the Overview and Scrutiny Committee to make recommendations to a Committee or full Council about decisions that have been called-in.

 

The Overview and Scrutiny Committee has the power to appoint task and finish groups which carry out a specific piece of work and at its conclusion, the task and finish group reports back to the Committee.

 

Other arrangements

 

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

 

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

 

The Council’s Staff

 

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

 

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

 

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

 

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

 

Rights of members of the public

 

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

 

Members of the public have the right to:

 

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

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

·         access a copy of the Constitution;

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

·         find out from the Forward Plan what decisions are to be discussed or made by the Council, a committee or officers

 

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

 

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

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

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

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

 

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

 

Review of the Constitution

 

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

 

 

 


 

 

 

 

 

CHAPTER 2 - RESPONSIBILITY FOR FUNCTIONS AND SCHEME OF DELEGATION

 


 

 

 

 

 

 

 

 

 

[Intentionally left blank]

 

 

 

Introduction 
 
 The functions of the Council comprise all its legal duties (the things it must do) and powers (the things it may do). Under the committee-style of governance operated by the Council, decisions can be taken by the full Council or delegated to a committee of councillors or to individual officers.
 . 
 This Part of the Constitution sets out which bodies and individuals within the Council that are responsible for carrying out particular functions. 
 RESPONSIBILITY FOR FUNCTIONS AND SCHEME OF DELEGATION

 

1.         General

 

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

 

Table 1: Decision-making bodies of the Council

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

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

Table 4: Functions Delegated to Officers

Table 5: Conditions on Delegated Powers

 

2.         Proper Officer functions

 

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

 

(a)       Council has designated another officer; or

 

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

 

2.2      The Monitoring Officer maintains the Proper Officer Register, which records all Proper Officer appointments, as set out in Table 6

 


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

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

 


 

Introduction to the Full Council
 
 The Full Council is responsible for the adoption and approval of the strategies and plans comprising the Policy Framework or the Budgetary Framework. In addition, there are some other matters that have been reserved to the Full Council for a formal decision. The full scope of the Full Council’s powers and responsibilities are set out in the Scheme of Delegation.
 
 The Full Council makes its decisions at meetings of the Council. There are three types of Council meeting:
 
 (i) the annual meeting;
 
 (ii) ordinary meetings; and
 
 (iii) special meetings.
 
 Full Council will normally have 5 ordinary meetings a year in addition to the annual meeting. All of the meetings of the Full Council will be conducted under the Council Procedure Rules. 
 
 NOTE: Meetings of Committees are conducted under the Committee Procedure Rules. In addition, The Overview and Scrutiny Committee also follows procedures set out in the Overview and Scrutiny Procedure Rules.
 
 Meetings of the Full Council are normally chaired by the Mayor or, in their absence, the Deputy Mayor. Both the Mayor and Deputy Mayor are elected by the Council annually. The role and responsibilities of the Mayor and the Deputy Mayor are described in their job profiles.
 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;

 

(c)       elect the Deputy 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;

 

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

 

(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;

 

(c)       the Head of Paid Service;

 

(d)          the Monitoring Officer;

 

(e)          the Section 151 Officer; or

 

(f)        any five Councillors by signing and giving a request to the 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.

 

(c)       The Leader or Lead Member may reply to any question by:

 

(i)        giving an oral answer; or

 

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

 

11       QUESTIONS ON NOTICE BY COUNCILLORS

 

Any Councillor may ask:

 

(i)        the Leader;

 

(ii)       the 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;

 

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

 

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

 

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

 

(f)        to receive reports and/or propose motions/amendments relating to recommendations (whether verbal or written) of, 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.

 

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

 

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

 

(e)       After an amendment has been carried, the 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.

 

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

 

15.8    Withdrawal of motion

 

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

 

15.9    Right to reply

 

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

 

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

 

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

 

 

 

15.10  Motions which may be moved during debate

 

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

 

            (a)        to withdraw a motion;

 

            (b)        to amend a motion;

 

            (c)        to postpone consideration of the motion;

 

            (d)        that the question be now asked;

 

            (e)        to adjourn the debate;

 

            (f)         to adjourn the meeting;

 

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

 

(i)        to not hear further a Councillor named by the 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;

 

(c)       seeks to raise a matter outside the scope of the matter at hand;

 

(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.

Introduction to Committees, Panels and Governance Boards
 
 The Council has set up the Committees, Panels, and Governance Boards described in the Scheme of Delegation. 
 
 The members of the Committees and Panels are appointed by the Full Council. The make-up of each Committee or Panel will reflect the balance of political parties on the Council. 
 
 If a member of a Committee or Panel is unable to attend a meeting of the Committee, Panel, or Board it may be possible for a substitute member to be appointed under Appendix E - Arrangements for appointing Substitutes and Co-optees and to attend the meeting in their place.
 
 Each of the Committees and Panels may set up one or more sub-committees to carry out any of the Committee’s or Panel’s functions. When creating a sub-committee, the Committee or Panel will normally decide the:
 
 (a) terms of reference;
 (b) arrangements for the holding and frequency of meetings; 
 (c)) size of membership; and 
 (d) quorum,
 
 of each of its Sub-Committees but if not, the Sub-Committee may decide such matters itself provided that the quorum will be not less than three Councillors.
 
 Committees, Sub-Committees, and Panels will meet in accordance with the programme of meetings agreed by the Full Council at its annual meeting. All of the meetings, including those of any sub-committee, will be conducted under the Committee Procedure Rules.
 
 The Overview and Scrutiny Committee may also set up time-limited and single focus advisory groups called Task and Finish Groups to support policy development and provide Member oversight of key projects. Membership of such Task and Finish Groups is drawn from those Councillors who are not members of the Hub Committee.
 
 When Task and Finish Groups are set up they will be given terms of reference and reporting deadlines. Given the nature of Task and Finish Groups, meetings need not be conducted under the Committee Procedure Rules. 
 
 Governance Boards oversee governance arrangements for partnership activity and with specified decision-making powers. The partnership agreement will set out who the members of the partnership are and their roles. Meetings will conducted in accordance with any rules set out in the partnership agreement.
 
 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.


 

 

Introduction to the Overview and Scrutiny Committee
 
 The Principles of Scrutiny underpin the Council’s overview and scrutiny function. This means that scrutiny:
 
 • Provides a critical challenge to policy makers and decision makers;
 • Enables the voice and concerns of the public to be heard;
 • Is carried out by “independent minded governors” who lead and own the scrutiny role; and
 • Drives improvement in public services.
 The Overview and Scrutiny Committee is responsible for scrutinising decisions of the Council, its Committees and sub-committees or officer are planning to take, planning to implement, and those that have already been taken/implemented. Recommendations following scrutiny enable improvements to be made to policies and how they are implemented. The Committee is therefore to be seen as a “critical friend”.
 
 The Overview and Scrutiny Committee also plays a valuable role in developing policy. Time limited Task and Finish Groups may be set up for this purpose. 
 
 Evidence sessions are a key way in which the Overview and Scrutiny Committee may inform its work. They might happen at formal committee or in less formal ‘task and finish’ groups. 
 
 The Scheme of Delegation sets out the full responsibilities of the Overview and Scrutiny Committee.
 
 Meetings of the Overview and Scrutiny Committee will be held in accordance with the Overview and Scrutiny Procedure Rules.
 
 
 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;

 

(c)       consideration of the Hub Committee Forward Plan;

 

(d)       the Work Programme;

 

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

 

(f)        responses of the 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);

 

(c)          decisions made on any appeal;

 

(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

 

(c)       the text of the question.

 

A6.      Scope of questions

           

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

 

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

 

(ii)       is defamatory, frivolous or offensive;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

A7.      Identification of who will reply

 

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

 

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

 

 

 

 

A8.      Order of questions

 

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

 

A9.      Asking the question at the meeting

 

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

 

(i)         be circulated to Councillors at the meeting;

 

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

 

either recorded verbatim in the minutes or summarised.

 

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

 

A10.    Discussion and referral of questions

 

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

 

(b)       Any Councillor may suggest that a question which is within the terms of reference of 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.

 

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

 

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

Introduction to the Access to Information Procedure Rules
 
 Openness and transparency are important for building trust and accountability between the Council and members of the public and between Councillors. These Access to Information Procedure Rules explain how members of the public can attend meetings of the Council and to see and to have copies of documents being considered at those meetings.

 

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;

 

(c)       the agenda for the meeting; and

(

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

 

(c)       award a contract or incur expenditure which, in either case, materially affects the Council’s financial position.

 

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

 

 

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;

 

(c)       the date on which, or the period within which, the decision will be taken;

 

(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;

 

(c)       has made copies of that notice available to the public at the Council’s offices and on the Council’s website; and

 

(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

 

(c)       the advice of any political adviser or assistant.

 

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

Introduction to the Budget and Policy Framework 
 
 These Budget and Policy Framework Procedure Rules apply to the development and amendment of the plans or strategies comprising the Policy Framework and of the Budget.

 

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

 


 

 

Introduction to procurement and the contract procedure rules 
 
 Procurement is ‘the process of acquiring works, supplies or services from third parties. The process spans the whole cycle from identification of needs, through to the end of a service contract or the end of the useful life of an asset. It involves options appraisal and the critical “make or buy” decision, which may result in the provision of services in-house in appropriate circumstances.”
 
 Good procurement depends on ensuring that requirements are reliably determined, appropriate sourcing strategies are developed, and contracts are well-managed. Failure to procure in this way can result in additional costs and put the achievement of the Council’s strategic priorities at risk.
 
 These Contract Procedure Rules explain the processes that the Council will apply when purchasing, licensing, leasing, contracting, commercial partnering or commissioning of works, supplies or services from third parties. They are 
 intended to:
 
 (a) ensure that the Council secures the best value;
 
 (b) provide those involved in spending public money, with clear and transparent procedural requirements to complement existing professional skills, integrity and commitment and to protect officers (and the Council) from legal challenge;
 
 (c) ensure fairness to those seeking to contract with the Council;
 
 (d) prevent fraud and corruption or the suspicion of it; and
 
 (e) ensure the Council operates within the law.
 
 The following are the Council’s rules for the letting of contracts for the supply of goods or materials or for the carrying out of works or services. They do not affect the validity of anything done under any earlier version of these 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;

 

(c)       treasury management;

 

(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.

 

(c)       An exemption may be granted on any one or more of the following grounds:

 

(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;

 

(c)       take account of all necessary legal, financial, procurement and any technical advice;

 

(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

 

(c)       check whether:

 

(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

 

(c)       any relevant terms or conditions or special requirements.

 

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;

(c)       require tenderers to answer questions about their suitability, capability, legal status and financial standing;

 

(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);

 

(c)       complies with the detailed specification;

 

(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.

 

(c)       Every contract having a Contract Value of £25,000 or more shall be in form agreed with the Monitoring Officer.

 

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.


APPENDIX - The table is not part of these Contract Procedure Rules.

 

Note for officers: The following table summarises the type of procurement process; the minimum number of quotes or tender that should be sought or invited where practicable; any publicity and contractual requirements. Contract values are inclusive of VAT and for joint procurements means the total value of the contract, not just the Council’s share.

 

Contract Value

Minimum requirements

Contract Notice

Contract Award Notice

Acceptance

Minimum order/contract requirements

FTS

Contract Finder

 

FTS

Contract Finder

 

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

 

 



 

FINANCIAL PROCEDURE RULES

Introduction 
 
 The Financial Procedure Rules provide the framework for managing the Council’s financial affairs. They apply to every Councillor and Officer of the Council and anyone acting on its behalf. 
 
 The Financial Procedure rules are part of a wider set of operational and managerial arrangements, which when followed protect the Council and the public, from poor decision making, theft, fraud and material error. They also offer significant protection to Councillors and Officers from undue criticism and accusations of imprority. 
 All Councillors and Officers have a general responsibility for taking reasonable action to provide for the security of the assets under their control, and for ensuring that the use of these resources is legal, is properly authorised, provides value for money and achieves best value

 

FINANCIAL PROCEDURE RULES

 

1.         Application

 

            These Financial Procedure Rules apply to:

 

(a)       every Councillor and officer and anyone acting on the Council’s behalf.

 

(b)       any partnership where the Council exercises management control. If in any doubt issues should be discussed with the relevant Director and/or the Section 151 Officer

 

 

 

2.         Exceptions

 

The Section 151 Officer can allow exceptions to these rules where the Section 151 Officer believes that the interests of the Council would be best served subject to prior consultation with the Leader of the Council and any other Councillor as the Section 151 Officer considers appropriate.

 

3.         Guidance

 

The Section 151 Officer will issue advice, guidance and detailed financial procedures to underpin these Financial Regulations that Members, officers and others acting on behalf of the Council are required to follow.  The Section 151 Officer’s guidance and detailed procedures are published separately and do not form a formal part of the Constitution.

 

4.         Reporting

 

The Section 151 Officer is responsible for reporting, where appropriate, financial breaches of these Financial Regulations to the Audit and Governance Committee. Breaches that amount to unlawful actions will be reported by the Section 151 Officer in accordance with their duties under section 114 of the Local Government and Finance Act 1988.

 

5.         Review

 

The Section 151 Officer will review these Financial Procedure Rules and make changes as they consider necessary for the efficient and effective financial management of the Council subject to any changes being reported to the next meeting of the Audit and Governance Committee.

 

A         Financial Management

 

Introduction

 

A.1      Financial management covers all financial accountabilities in relation to the running of the Council, including the budgetary framework and budget.

 

Section 151 Officer

 

A.2      The Section 151 Officer has statutory duties in relation to the financial administration and stewardship of the Council.

 

Senior Officers

 

A.3      Each Senior Officer is responsible in their own service areas for:

 

(a)       ensuring that all reports to Members contain sufficient financial information to allow them to understand the budgetary implications and financial risks associated with any proposals.

 

(b)       signing contracts on behalf of the Council as provided for in the Scheme of Delegation.

 

A.4      A Senior Officer must take financial advice on any matter liable to result in any budget in their control being exceeded in any financial year (after any approved virements), before any further commitments are incurred.

 

Other Financial Accountabilities

 

Virement

 

A.5      Virement between budget lines of the annual revenue estimates need not be approved by Council provided it does not:

 

(a)       compromise policy objectives for the cost centre relinquishing the budget;

 

(b)       result in any additional costs or commitments in future years;

 

(c)       utilise fortuitous savings in expenditure or increases in income; or

 

(d)       involve virement from recharge budgets.

 

A.6      A Senior Officer is responsible for agreeing virements within delegated limits on budgets within their responsibility and/or control, in consultation with the Section 151 Officer where required. The Senior Officer must notify the Section 151 Officer of all virements and as necessary these will be reported by the Section 151 Officer to Councillors.

 

A.7      The Section 151 Officer may vire between budgets within the control of any one or more Senior Officers.

 

Treatment of year-end balances

 

A.8      Members are responsible for agreeing procedures for carrying forward under and overspend budgets.

 

Accounting policies

 

A.9      The Section 151 Officer shall determine appropriate technical accounting policies and standards.

 

 

 

 

Accounting records and returns

 

A.10    The Section 151 Officer shall determine the accounting records and returns for the Council.

 

The Annual Statement of Accounts

 

A.11    The Section 151 Officer is responsible for ensuring that the annual statement of accounts is prepared in accordance with relevant accounting Codes of Practice and the Accounts and Audit Regulations 2015. The Audit and Governance Committee is responsible for approving the annual statement of accounts.

 

Government Grants

 

A.12    All bids and claims for Government grant, including lottery funding, and all related estimates or forecasts, must be submitted to the Section 151 Officer and the relevant Senior Officer before submission or as otherwise provided for in the Scheme of Delegation.

 

Bank Arrangements

 

A.13    The Section 151 Officer is responsible for putting in place appropriate banking arrangements with the Council's bankers, including setting up subsidiary accounts.

 

Procurement

 

A.14    The Section 151 Officer is responsible for advising the Hub Committee on the Council’s procurement policies and arrangements

 

B         Financial Planning

B.1      The Full Council is responsible for approving the Council's Budget and Policy Framework and the council tax which will be proposed by the Hub Committee. The key elements of financial planning are the:

 

(a)       Corporate Plan;

 

(b)       Capital Strategy;

 

(c)       Asset Management Plan;

 

(d)       Risk Management Policy Statement and Strategy;

 

(e)       Treasury Management Strategy;

 

(f)        Medium Term Financial Plan;

 

(g)       Revenue Budget; and

 

(g)       Capital Programme.

 

Policy Framework

B.2      Unless it determines otherwise, the Full Council is also responsible for approving procedures for agreeing variations to approved budgets, plans and strategies forming the policy framework and for determining the circumstances in which a decision is deemed to be contrary to the Budget and Policy Framework. Decisions will be referred to the Full Council by the Monitoring Officer and/or the Section 151 Officer. 

 

B.3      The Full Council is responsible for setting the level at which the Hub Committee  may reallocate budgets from one service to another. The Hub Committee is responsible for taking in-year decisions on resources and priorities to deliver the Budget and Policy Framework within the financial limits set by the Council.

 

Budgeting

 

Budget format

 

B.4      The Section 151 Officer is responsible for determining the general format of the budget. The draft budget will include allocation to different services and projects, proposed taxation levels and contingency funds.

 

Budget preparation

 

B.5      The Section 151 Officer is responsible for ensuring that a budget is prepared on an annual basis and a longer-term budget plan is prepared for consideration by the Hub Committee, before submission to the Full Council. The Full Council may amend the budget or ask the Hub Committee to reconsider it before approving it. Further details on this procedure can be found in the Policy and Budgetary Framework Procedure Rules.

 

B.6      Guidelines on budget preparation will be issued to Senior Officers by the Section 151 Officer following agreement with the Hub Committee. The guidelines will take account of:

 

(a)       legal requirements;

 

(b)       medium-term planning prospects;

 

(c)       the Corporate Plan;

 

(d)       available resources;

 

(e)       spending pressures;

 

(f)        best value and other relevant Government guidelines;

 

(g)       other internal policy documents; and

 

(h)       cross-cutting issues (where relevant).

 

B.7      A Senior Officer is responsible for submitting budget estimates to the Section 151 Officer that reflect agreed service plans and that are prepared according to the guidance issued by the Section 151 Officer.

 

Resource Allocation

 

B.8      The Section 151 Officer is responsible for developing and maintaining a resource allocation process that ensures due consideration of the Council's Policy Framework.

 

Preparation of the Capital Programme

 

B.9      The Section 151 Officer is responsible for ensuring that a capital programme is prepared annually for consideration by the Hub Committee before submission to the Full Council.

 

Maintenance of Reserves and Balances

 

B.10    The Section 151 Officer is responsible for advising the Hub Committee and/or the Full Council on prudent levels of reserves and balances.

 

Budget Monitoring and Control

 

B.11    The Section 151 Officer is responsible for providing appropriate financial information to enable budgets to be monitored effectively.

 

B.12    The Section 151 Officer must monitor and control expenditure against budget allocations. Any variation (after approved virements) that the Section 151 Officer considers material will be reported to the Hub Committee.

 

B.13    A Senior Officer is responsible for controlling income and expenditure in their own service area and for monitoring performance, taking account of financial information provided by the Section 151 Officer. The Senior Officer will alert the Section 151 Officer and report to Councillors on variances in their own service areas and take any action necessary to avoid exceeding their budget allocation (after any approved virements).

 

B.14    No expenditure will be incurred on a purpose for which there is no provision in the approved estimates except:

 

(a)       where a supplementary estimate has been approved by the Hub Committee/Full Council (as relevant) ; or

 

(b)       in the case of an emergency as provided for in the Scheme of Delegation.

 

C         Risk Management and Control of Resources

 

Introduction

 

C.1      It is essential that robust, integrated systems are developed and maintained for identifying and evaluating all significant operational risks to the Council.  This should include the proactive participation of all those associated with planning and delivering services.

 

Risk Management

 

C.2      The Section 151 Officer and/or Monitoring Officer is responsible for:

 

(a)       preparing the Council's risk management policy statement and strategy for approval by the Hub Committee;

 

(b)       ensuring that appropriate insurances are in place;

 

(c)        promoting risk management throughout the Council; and

 

(d)       reviewing the effectiveness of the risk management policy statement and strategy.

 

C.3      TheAudit and Governance Committee is responsible for recommending approval of the Council’s Risk Management policy statement and for reviewing the effectiveness of risk management.

 

Internal control

 

C.4      Internal control refers to the systems of control devised by management to help ensure the Council’s objectives are achieved in a manner that promotes economical, efficient and effective use of resources and that the Council’s  assets and interests are safeguarded.

 

C.5      The Section 151 Officer is responsible for advising on effective systems of internal control.  These arrangements need to ensure compliance with all applicable statutes and regulations, and other relevant statements of best practice. They should ensure that public funds are properly safeguarded and used economically, efficiently, and in accordance with the statutory and other requirments that govern their use.

 

C.6      It is the responsibility of all Senior Officers to establish sound arrangements for planning, appraising, authorising and controlling their operations to achieve continuous improvement, economy, efficiency and effectiveness and for achieving their financial performance targets.

 

Audit Requirements

 

C.7      The Accounts and Audit Regulations 2015 require every local authority to maintain an adequate and effective internal audit The Section 151 Officer is responsible for internal audit and for this purpose the Section 151 Officer or their representative may inspect and audit all books of account, financial documents and all other records of the Council, visit any of the Council's premises and obtain such explanations and take away such records for examination as they consider necessary. 

 

C.8      The Council may, from time to time, be subject to audit, inspection or investigation by external bodies such as HM Customs and Excise and the Inland Revenue, who have statutory rights of access.

 

Preventing fraud and corruption

 

C.9      The Council has a zero tolerance to fraud, bribery and corruption.

 

C.10    The Section 151 Officer is responsible for the development and maintenance of an anti-fraud and anti-corruption policy.

 

C.11    Where it is suspected that money or property has been stolen or otherwise misappropriated, or that a financial irregularity has occurred, the relevant Senior Officer must immediately report the matter to the Section 151 Officer. The Section 151 Officer will report such matters as appropriate to Members.

 

Assets

 

C.12    A Senior Officer will ensure that records and assets in their own service area are properly maintained and securely held. The Senior Officer will also ensure that contingency plans are in place for the security of assets and continuity of service in the event of disaster or system failure.

 

C.13    An Senior Officer is responsible for reporting any deficiencies of equipment or stores in their own service areas to the to the Section 151 Officer, who may authorise the items to be written off or instigate an investigation into the circumstances.

 

Leasing, Finance and Hire Agreements

 

C.14    An Senior Officer is responsible for ensuring that any proposal to enter into a leasing, finance or hire agreement in their own service areas is agreed in advance with the Section 151 Officer.

 

Property

 

C.15    The agreement of any terms for leasing of any property or the taking or granting of any interest in property must be undertaken by an Senior Officer (or any other Officer delegated/nominated power for such purposes in accordance with the Scheme of Delegation.

 

C.16    Legal interests in property will be recorded in a Property Terrier or other record.

 

C.17    Where exclusive possession of a building, parts of a building or any land is involved on other than a sessional basis or occasional hiring, a Senior Officer or any other Officer delegated/nominated power for such purposes in accordance with the Scheme of Delegation will be responsible for making the necessary arrangements including the assessment of rent

 

C.18    The Council has adopted policies on whistleblowing, fraud, bribery and anti-corruption all of which support the Council’s zero tolerance to fraud, bribery and corruption.

 

Treasury Management

 

C.19    The Council has adopted CIPFA's Treasury Management Code of Practice 2017.

 

C.20    The Full Council is responsible for approving a Treasury Management Strategy compliant with the Code of Practice.