Appendix 1 – Responsibility for Functions / Scheme of Delegation
Introduction
1.
The
Council has adopted the Leader and Executive (executive) (England)
governance model. The Executive consists of the Leader of the
Council (“the Leader”) (who is appointed by full
Council and may be removed by it) and a minimum of 2, but no more
than a maximum of 9, councillors appointed to the Executive from
time to time by that Leader. The executive of City of York Council
is described as 'the Executive'.
2.
In
accordance with the law, any function of the Council which is not
otherwise specified in legislation is an 'executive function' and
is the responsibility of the Leader and Executive. The Leader and
Executive are responsible for all of the Council’s functions
(including local area functions), except those which are required
by the law, or this Constitution, to be the responsibility of the
Council itself or any other non-Executive part of the Council.
Executive functions are regarded as exercisable by the Executive
(or officers or individual Executive Members) on behalf of the
Council and may not be exercised by the Council.
3.
Such
Executive functions may be discharged in accordance with provisions
made by, or under, this Constitution or the law, in particular: the
Local Government Act 2000; the Public Involvement in Health Act
2007; the Localism Act 2011; and associated Regulations.
4.
Legislation
specifies particular non-executive functions which cannot be the
responsibility of the Executive, and also local choice functions
which may be allocated to be the responsibility of the Executive,
but do not need to be. All local choice functions which are not
otherwise allocated under this Constitution are the responsibility
of the Leader and Executive.
5.
The
Leader may personally discharge functions which are the
responsibility of the Executive or arrange for their discharge by
the Executive, another member of the Executive, a committee of the
Executive, a joint committee or by an officer. The Leader may
change these arrangements from time to time. Unless the Leader
otherwise directs, the Executive itself may also arrange for the
discharge of any of its functions by a committee of itself, a joint
committee, individual Executive Member or by an officer.
6.
This
scheme of delegation (“the Scheme”) reflects the
assignment of functions by either the Council (in respect of
matters which are not executive functions) or by the Leader or
Executive (in respect of matters which are the responsibility of
the Executive) as appropriate to the particular function. In
relation to delegation to officers, the scheme does not distinguish
between the two sources of delegation.
7.
Responsibility
for the functions of the Council and Executive is delegated or
assigned as set out in the following provisions of this Scheme as
updated from time to time, and such delegation/assignment includes
the power to do anything which is calculated to facilitate or is
conducive to the discharge of those functions.
8.
The
provisions of this Scheme take account of the requirements of the
Local Government Act 2000, the Local Government and Public
Involvement in Health Act 2007, Localism Act 2011 and relevant
legislation including Regulations in the assignment of functions to
the Council itself, to the Leader/Executive, to other Committees or
Panels. They take account of any prohibitions, restrictions, or
local choice in the assignment of these functions.
9.
The
Council, the Leader of the Council, Executive, individual Members,
Committees or Panels to which functions are assigned, shall act in
accordance with the law and the provisions of the Council’s
Constitution, including any Standing Orders, Procedure Rules,
Financial Regulations, and protocols approved from time to time
(except those joint committees or any other member bodies regulated
by separate constitutions).
10.
Those
functions reserved to the full Council itself are not to be
delegated or assigned except as permitted under the law or this
Constitution.
11.
Each
body or person having delegated decision-making powers (a
'Delegate') shall implement and act within the policies of the
Council, having regard to the advice of the Monitoring Officer who
is the council’s Chief Legal Officer, and Section 151 Officer
as necessary.
12.
Each
Delegate shall have the power to delegate further to an officer all
or any of the functions delegated to it, subject to each
Directorate producing and maintaining a written scheme of
sub-delegation recording this and being shared with the Monitoring
Officer, and a record of any ad-hoc sub-delegations being
maintained by the Delegate.
13.
A
Delegate may decide not to exercise any function in relation to a
particular matter and may instead invite the Council, Leader, or
Executive depending upon whether the function is the responsibility
of the Executive or any other appropriate body as the case may be
to do so instead.
14. The functions, powers and duties are delegated to Officers in accordance with the Scheme to Officers.
15. Meanings:
a) Executive (executive) functions shall mean those functions that by law must be the responsibility of the Executive;
b) Non-Executive functions shall mean those functions that by law must not be the responsibility of the Executive;
c) Local Choice functions shall mean those functions that the Council may decide to exercise itself or delegate to any part of the Council including the Executive;
d)
Responsibility of
the Executive shall include those matters which are Executive
(executive) functions, or local choice functions which have been
delegated to the Executive.
Principles of
Delegation
16.
The
principles guide the allocation of responsibility for
decision-making at Executive Member and Chief Officer Level.
17. In respect of matters delegated from Executive to an individual Executive Member, the focus is on policy issues within the budget and policy frameworks agreed by Council/Executive:
a) Policy matters, internal to the service, and required to provide guidance to officers to ensure significant policy decisions are implemented;
b) Details of policy matters delegated by Executive once principles have been agreed;
c) Expenditure items not specifically detailed within Service Plans but not sufficiently significant in scale to refer to Executive;
d) Responses to consultation documents not referred to Executive.
18. In respect of matters delegated from Executive to Chief Officers (as defined below) in consultation with Executive Members, the focus is on service management issues with policy or political implications (“no surprises principle”):
a) Significant management decisions which could have an adverse or controversial impact on the delivery of services or achievement of agreed targets;
b) Development of Service Plans and Policy Statements for consideration by Executive.
19. In respect of matters delegated from Executive to the Head of Paid Service or Chief Officers these will relate solely to the management of services and resources covering:
a) Management of services within the framework of the Council Plan, Service Plans, and Council policies and standards agreed by Members;
b) Management of resources within the framework of the corporate strategies (i.e., Financial, Information & Communications Technology, Procurement, Human Resources, and Asset Management) agreed by Members.
Scheme of Delegation
Aims
20. Democratic accountability should be the key aim of the Scheme together with:
a) Member authority for high-level policy/strategic decisions;
b) Effective scrutiny of policy/strategic issues;
c) Officer responsibility for service delivery;
d) Effective monitoring of service performance.
Member Advantages
21. The Scheme details below the decisions to be taken at the different levels. For Executive Members it will deliver the:
a) Ability to control key/strategic decisions in Council and Executive;
b) Opportunity to consider and shape policy within the Executive;
c) Involvement in Council Plan/Budget formulation.
22. For individual Executive Members the advantages are:
a) Enhanced authority and responsibility to implement policy within agreed frameworks;
b) Increased ability to take speedier policy decisions;
c) Greater involvement in shaping service delivery in line with policy;
d) Improved information on service activities and executive decisions;
e)
Protection of
personal positions and interests through collective responsibility
in Council/Executive and support from Chief Officers.
Member-Officer Relationships
23. The Scheme will only work effectively if there is mutual understanding and trust between Members and Officers. However, to support the Scheme, and particularly where matters are delegated from the Executive to defined Executive Members and Chief Officers, it is suggested that:
a) ‘Service Plans’ should be of sufficient detail to provide an effective framework for decisions;
b) Information on service delivery should be enhanced to ensure that members know what is going on without having to ask;
c) Protocols, or sets of criteria, for the detailed implementation of specific policy or service areas should be agreed between the Executive Member and Chief Officers;
d) The principle is reinforced that Chief Officers err on the side of caution in informing members of decisions that might have political implications, including any advice given to Members. Decisions delegated to officers within departments are dealt with in a structured way with proper records and audit trails, so it is clear who is responsible and what the reasons were for the decisions.
Full
Council
Meanings
24. Policy Framework.The policy framework means the following plans and strategies having regard to the recommendations of the Executive:
Partnership and Community Plans:
a) 10 Year City Plan
b) Health and Wellbeing Strategy
c) Children and Young People’s Plan
d) Corporate Parenting Strategy
e) Youth Justice Plan
f) Community Safety Strategy
g) Joint Waste Strategy
h) Climate Change Strategy
i) Annual Library Plan
Council:
a) Council Plan or its equivalent
b) Local Plan documents
c) Local Transport Plan
d) Statement of Licensing Policy under Licensing Act 2003
e) Gambling Act 2005 Licensing Policy
f) Medium Term Financial Strategy
g) Treasury Management Plan
And any other Strategy, Plan or Agreement that requires the approval of full Council.
25. Budget. The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the council tax base, setting the council tax and decisions relating to the control of the Council’s borrowing requirement, the control of its capital expenditure and, if required, the setting of virement limits different to those in Financial Regulations.
Functions of Full Council
26. The functions reserved to Full Council are:
a) To approve, adopt amend, monitor and /or review the plans, strategies and policies which together make up the Council’s Policy Framework;
b) Determine and amend the Council’s Revenue and Capital budgets, including the initial allocations of financial resources to different services and projects, proposed contingency funds, fees and charges, proposed precepts, setting the Council Tax and decisions relating to the Council’s borrowing requirement and the control of its capital expenditure (subject to being referred back to Executive);
c) Approve the Treasury Management Strategy;
d) Approve expenditure that falls outside the Council’s total annual budget;
e) Take any decision, which is contrary to the approved Policy Framework and/or the approved Budget;
f) Appoint and remove the Leader in accordance with Council Procedure Rule 11;
g) Decide the composition of Committees and sub-committees of Full Council and make appointments including co-opted members to them and other non-Executive bodies except in the case of ad hoc scrutiny sub-committees which will be determined by the Corporate Services, Climate Change and Scrutiny Management Committee;
h) Appoint representatives to outside bodies unless the appointment is one that must by law be made by the Executive in relation to its functions or has been delegated by the Council;
i) Make and, subject to the provisions of Article 23 of this Constitution, amend Standing Orders, Financial Regulations, and rules in relation to contracts;
j) Change the name of the City or of a Parish;
k) Elect a Lord Mayor, Deputy Lord Mayor and Sheriff and exercise related functions;
l) Confer the title of the Honorary Alderman, Honorary Recorder and Honorary Freeman and grant the Freedom of the City;
m) Promote or oppose local or personal bills;
n) Where it is the function of the Council, divide Parliamentary Constituencies and local government electoral divisions into polling districts;
o) Make, amend, revoke, or re-enact Byelaws;
p) Make orders for grouping parishes, dissolving groups, and separating parishes from groups;
q) Dissolve small parishes;
r) Fill Council or Parish Council vacancies in the event of insufficient nominations;
s) Submit proposals to the Secretary of State for an Order under Section 10 of the Representation of the People Act 2000 (pilot schemes for local elections);
t) Appoint the Head of Paid Service and designate Officer Roles as the Monitoring Officer, the S151 Officer, and Proper Officers under the relevant legislation, except to the extent that the power to designate Proper Officers has been otherwise delegated in this Constitution;
u) Make a scheme for the payment of allowances to Members and determine the amount of all allowances payable to Members of the Council, its Committees, Sub-Committees, and other bodies;
v) Take decisions and/or give advice on matters brought to the Council by the Executive and other bodies or persons;
w) Carry out any other functions reserved by law or by this Constitution to Full Council, including those “local choice” functions reserved to Full Council under this part of the Constitution.
Council Meetings
27. There are four types of Council meeting:
a) the annual meeting;
b) ordinary meetings;
c) budget council;
d) extraordinary meetings;
and they will be conducted in accordance with the Council Procedure Rules in Appendix 3 of this Constitution.
Executive
28. The Executive will be responsible for guiding the Council in the formulation of its corporate plan of objectives and key priorities. Within the policy framework, budgets and major plans approved by Full Council, the Executive will have executive responsibility for the implementation of the Council’s key goals and objectives.
29. It will operate within the Scheme set out in this document.
30. The Leader chairs the Executive and appoints members as Executive Members and allocates cross-service Portfolio responsibilities to the Executive Members.
31. The Leader may exercise any Executive function and may determine whether such functions may be exercised by the Executive, a Committee of the Executive, an Executive Member, an Officer, or a Joint Committee.
Matters for the Executive
32. The Local Government Act 2000 delegates most functions to the Executive, for example:
a) Policy formulation within and across services;
b) Performance indicator and target setting;
c) Recommending Corporate Plans to Council;
d) Recommending Service Plans to Council;
e) Agreeing variations to Service Plans;
f) Monitoring Council Plan and Best Value targets;
g) Monitoring Service Plan delivery;
h) Preparing budget estimates;
i) Monitoring revenue/capital budget spend;
j) Reviewing progress on major capital schemes and other service developments;
k) Agreeing major organisational changes;
l) Agreeing virement between service areas;
m) Agreeing externally funded initiatives not included in Service Plans;
n) Agreeing detailed policy implementation criteria;
o) Agreeing Best Value Review reports;
p) Agreeing policy representations to Government.
33. Plans, strategies, and policies falling within the Policy Framework as defined above shall be considered by the Executive who shall make recommendations thereon to Full Council. It should be noted that in respect of plans, strategies and policies falling within the Policy Framework it is for Full Council to:
a) Instruct the Executive to reconsider any draft plan, strategy, or policy;
b) Amend any draft plan, strategy or policy submitted by the Executive;
c) Approve for formal public consultation proposals for alterations to, or the replacement of, the Local Plan following submission to government;
d) Approve any plan, strategy, or policy for submission to government (where required);
e) Adopt any plan, strategy, or policy with or without modifications.
34. The function of amending, modifying, varying, or revoking any plan, strategy or policy falling within the Policy Framework shall be performed by the Executive only if it is:
a) required for giving effect to governmental requirement; or
b)
was
authorised by Full Council when approving or adopting the plan,
strategy, or policy.
35. The Executive is responsible for proposing the Revenue and Capital Budgets to Council including the initial allocation of financial resources to different services and projects, proposed contingency funds, proposed precepts, the amount of Council Tax and decisions relating the Council’s borrowing requirement and the control of capital expenditure.
Executive Members
36.
The
Leader and the other Executive Members are responsible to Full
Council and to the citizens of York, for the performance of the
Executive. The Council demands that this duty is discharged to the
highest standards of probity and integrity consistent with
retaining public confidence in the Executive. In so doing the
Leader will ensure that the Executive decision-making arrangements
are as clear and unambiguous as practicable and that the other
Executive Members undertake their Executive responsibilities for
the benefit of the City as a whole and do not give improper weight
to their ward and its interests.
37. Executive Members have a collective responsibility to:
a) represent and promote the Council and the interest of its community to the outside world;
b) lead the community planning process to translate the wishes of the local community into action;
c) propose to Council the annual budget of the Council and the major strategic goals which underpin it;
d) lead the preparation of the Policy Framework and other strategies, plans, and policies to achieve those goals;
e) ensure effective delivery of the budget and the Policy Framework;
f) take in-year decisions on priorities and the use of resources associated with those programmes and promote value for money;
g) work in partnership with all sectors of the community and beyond it for the local public good;
h) manage the Council’s Executive business, ensuring the effective use of resources across the organisation;
i) act collectively as specified in this Constitution or as otherwise required by law.
38. Each Executive Member also has a duty to advise the Executive on strategic or other significant decisions relating to their Executive portfolio which would help the Executive to:
a) develop proposals for the Council’s Budget and Policy Framework and other strategies, plans, and policies;
b) decide what the Executive will, and will not, do in implementing the Council’s Budget and Policy Framework, and other strategies, plans, and policies;
c) decide the level of resources that will be devoted to services and projects within the budgetary framework and decide which issues have priority over others;
d) decide what guidelines should govern the way the Council operates;
e) decide what indicators and measures will be used to set and assess performance standards;
f) review what is achieved in practice, to see if there is a need for change.
39. Individual Executive Members may make any decision relating to the functions within their portfolios with the exception of:
a) Key decisions as defined in the Council’s Constitution;
b) Decisions which in the opinion of the Executive Member significantly cut across more than one portfolio, in which case the Leader determines how the decision is to be taken;
c) Other decisions which the Leader determines should be made collectively by the Executive.
40. The Leader may exercise any function delegated to another Executive Member if that Executive Member is unable or unwilling to act, for example due to an actual or potential conflict of interest. In cases of urgency, the Leader may also exercise any function of the Executive where a decision cannot reasonably await the next meeting. This is subject to compliance with the urgency procedures laid out in the Constitution for key decisions, see appendix 7.
41. The Deputy Leader may exercise any function of the Leader if the Leader is unavailable or unable to act.
42. The current Executive Portfolios are:
a) Leader, including Policy, Strategy, and Partnerships;
b) Deputy Leader, and Economy & Culture;
c) Children, Young People and Education;
d) Health, Wellbeing, and Adult Social Care;
e) Environment and Climate Emergency;
f) Finance, Performance, Major Projects, Human Rights, Equality, and Inclusion;
g) Housing, Planning, and Safer Communities; and
h) Transport.
Local Choice Functions
43. The responsibility for local choice functions is as detailed in the table below.
|
No |
Decision Making Body |
Delegation of Functions and or lead Chief Officer for the function (see terms of reference or scheme of delegation) |
|
|
1 |
The Executive |
The relevant Chief Officer for the function concerned.
|
|
|
2 |
Appeals Committees
Head of Paid Service, or nominated Chief Officer in relation to decisions taken in their Directorates |
To all the extent set out in the terms of reference of the Appeals Committees.
Any appeal, which by law, must be considered by the Executive or a specified committee.
|
|
|
3 |
Executive
|
The reviews themselves are heard by independent lay and non-lay panel members appointed by the Director of Governance. |
|
|
4 |
Executive
|
The appeals themselves are heard by independent lay and non-lay panel members appointed by the Director of Governance |
|
|
5 |
Executive
|
The appeals themselves are heard by independent lay and non-lay Members appointed by the Director of Governance |
|
|
6 |
Executive
|
Director of Environment, Transport and Planning.
|
|
|
7 |
Executive |
Director of Environment, Transport and Planning |
|
|
8 |
The service of an abatement notices in respect of a statutory nuisance The inspection of the authority’s area to detect any statutory nuisance. The investigation of any complaint as to the existence of a statutory nuisance |
Executive |
Director of Environment, Transport and Planning |
|
9 |
Executive |
Director of Environment, Transport and Planning |
|
|
10 |
The obtaining of information under the section 330 of the Town and Country Planning Act 1990 as to interests in land |
Executive
Planning Committee A and Planning Committee B |
Director of Environment, Transport and Planning and Chief Planning Officer |
|
11 |
Executive |
||
|
12 |
Executive
|
Director of Environment, Transport and Planning |
|
|
13 |
The appointment (and revocation of any such appointment) of any individual (a) to any office other than employment by the authority (b) to any body (or Committee or sub-Committee of such a body) other than the authority itself or a Joint Committee of two or more authorities |
|
|
|
14 |
Making agreements with other local authorities for the placing for staff at the disposal of those other authorities |
Executive (solely relating to functions which are the responsibility of Executive)
Full Council |
Head of Paid Service, Corporate Directors, Directors, and Chief Officer – HR & Support Services |
|
15 |
The arrangements for school transport appeals |
Corporate Director of Children and Education in conjunction with Director of Governance |
|
|
16 |
Functions relating to health and safety at work (insofar as it relates to employees of the council) |
Executive |
Head of Paid Service, Corporate Directors, Directors, and Chief Officer – HR & Support Services |
|
17 |
All functions relating to the planning and delivery of Elections and electoral registration including all actions required in respect of the review and determination of polling places and location polling stations. |
Full Council |
Head of Paid Service in the capacity of Returning Officer and Electoral Registration Officer.
Delegated to the Monitoring Officer in the capacity of Deputy Returning Officer (with full powers) and Deputy Electoral Registration Officer in the absence of the Returning Officer and Electoral Registration Officer |
|
18 |
Functions relating to the name and status of areas and individuals |
Full Council |
Head of Paid Service and Director of Governance |
|
19 |
Power to make, amend, revoke, or re-enact bye-laws pursuant to any provision of any enactment (including a local Act) whenever passed, and s14 Interpretation Act 1978 |
Full Council |
Monitoring Officer |
|
20 |
Power to promote or oppose local or personal bills pursuant to s239 Local Government Act 1972 |
Full Council |
Monitoring Officer |
|
21 |
Powers to make, amend, and/or revoke standing orders |
Full Council |
Monitoring Officer |
|
22 |
Dealing with findings of maladministration by either Local Government and Social Care Ombudsman, (LGSCO) Housing Ombudsman Service, (HOS), Parliamentary and Health Ombudsman (P&HO) |
Audit & Governance Committee
Full Council |
Head of Paid Service, in consultation with the Monitoring Officer and S151 Officer |
|
23 |
Dealing with Information Commissioner’s Office (ICO) decision notices, enforcement action and monetary fine or criminal proceedings |
Audit & Governance Committee Full Council |
Corporate Directors dependent upon service area in consultation with the Monitoring Officer and S151 Officer |
|
24 |
Dealing with findings of fault or inspection by the Biometrics and Surveillance Camera Commissioner (BSCC) |
Audit & Governance Committee Full Council |
Monitoring Officer |
|
25 |
Dealing with findings of fault or inspection by the Investigatory Powers Commissioner’s Office (IPCO) |
Audit & Governance Committee Full Council
|
Monitoring Officer |
|
26 |
Duty to make arrangements for the proper administration of financial affairs |
S151 Officer |
S151 Officer |
|
27 |
Preparation of the Council’s Statement of Accounts, Income and Expenditure and Balance Sheet including the preparation of the Annual Governance Statement |
Audit & Governance Committee
|
In consultation with the Section 151 Officer and the Monitoring Officer, the Head of Paid Service, Corporate Directors, and the Head of Internal Audit |
|
28 |
Appointments to outside bodies |
Full Council |
|
|
29 |
Approval of the creation of a post over £100,000 as required by the Localism Act 2011 |
Full Council |
|
Officer Scheme of Delegation
General Principles of Officer Delegations
44. The delegations set out below apply to both Executive functions and non-Executive functions.
45.
Functions delegated to officers are
to be exercised in compliance with other parts of the Constitution
(including the restrictions on use of delegated powers set out in
this Appendix of the Constitution) and in accordance with the
budget and policy framework.
46. Functions delegated to officers shall also be exercised having full regard to:
a) Any advice given by the Head of Paid Service;
b) Any financial advice given by the S151 Officer, appointed under section 151 of the Local Government Act 1972;
c) Any legal advice given by the Monitoring Officer; and
d) Any statutory codes or guidance, and any policies or protocols as may be approved by the Council and Executive.
47.
“Function”
is to be construed broadly and includes the doing of anything which
is calculated to facilitate or is conducive or incidental to the
discharge of any of the specified functions. Where functions
are delegated, these should be taken to include all powers and
duties necessary to carry out those functions under all present and
future legislation and all incidental powers including power to
serve statutory notices (after consultation with the Monitoring
Officer) where specified, and carry out works in default.
48.
The
Head of Paid Service and Chief Officers are not required to
exercise all delegations personally and may authorise officers of
suitable experience and seniority to exercise delegated powers on
their behalf. The Head of Paid Service and Chief Officers
must maintain an up-to-date list of all such authorisations, as
part of a comprehensive Directorate Scheme of Delegation and a copy
of which must be shared with the Monitoring Officer.
49.
The
fact that a function is delegated to the Head of Paid Service and
Chief Officers under this scheme does not preclude the Executive or
an Executive Member (for Executive functions) or the Council or a
Committee (for non-executive functions) from exercising the
function in question, subject to any statutory
restrictions.
50. The Head of Paid Service and Chief Officers may refer any matter to Full Council, the Executive, an appropriate Committee of the Council, or an Executive Member for decision at their discretion. The Head of Paid Service and Chief Officers should exercise this discretion if in their opinion:
a) the matter is of significant political impact where Members might be expected to be accountable to the electorate for the decision;
b) it is a matter of substance relating to a key or significant project;
c) where significant risks have been identified in proceeding with the issue;
d) where there is a significant deviation from the original intention of a proposal previously reported to Members; or
e) the decision could have significant consequences for another directorate.
51.
The
Head of Paid Service and Chief Officers have responsibility to
report to Council, Executive, the appropriate Committee or
Committee Chair or appropriate Ward Members, matters that are of
particular significance where that body or person is not required
to make a decision but where it is proper for them to be aware of
the position.
52.
In
the absence or the unavailability of an officer, any function
delegated to that officer may be exercised by an Officer acting as
their deputy either generally or in relation to a particular
service area.
53. For the purposes of this Scheme, the reference to “Chief Officer” shall include the Head of Paid Service, a Corporate Director, Director, and Assistant Director only.
Restrictions on the use of
Delegated Powers
54.
All delegated
decisions must be taken in compliance with the Constitution, the
budget and policy framework, Financial Procedure Rules, and
Contract Procedure Rules. All decisions are recorded and published
by Democratic Services.
55.
The Head of Paid Service and Chief
Officers shall, within the approved budget, exercise all matters of
day-to-day administration and operational management of the
services and functions for which they are responsible to the
Council, the Executive or a committee. This shall include
taking and implementing decisions, including in particular any
decision which is not a key decision and which is concerned with
maintaining the operation or effectiveness of those services, or
with a matter incidental to the discharge of the Council’s
functions, or which falls within the scope of a policy decision
taken by the Council.
56.
The scheme does not delegate to
Chief Officers any key decisions or delegate matters to individual
Members of the Council’s Executive. Key decisions are defined
in Article 7 of this constitution.
57.
All powers and duties that the Head
of Paid Service or any Chief Officer is authorised to exercise or
perform must be exercised or performed on behalf of and in the name
of the Council and in accordance with the Constitution.
58.
Where any matter involves
professional or technical considerations not within the sphere of
competence of the Head of Paid Service and Chief Officers or other
Officers, they must consult the appropriate professional or
technical Officer of the Council before authorising action.
59.
Appointments to act as Authorised or
Proper Officers must be made by the Monitoring Officer unless
specified later in this Scheme.
60.
The Monitoring Officer is appointed
to act as Authorised or Proper Officer for the purposes of any Act
of Parliament or statutory instrument where qualified to do so and
another Officer has not been appointed.
61.
The Monitoring Officer may appoint
other Officers to act as Authorised or Proper Officers for the
purposes of any Act of Parliament or statutory instrument and to
appear on behalf of the Council in proceedings before the
Magistrates’ or County Court.
62.
The Leader, the relevant Executive
Member and the Head of Paid Service must be consulted about
responses to consultation papers issued by Government Departments
or National or Regional Bodies.
63. The appropriate Executive Member must be consulted about responses to long term or strategic plans of neighbouring planning authorities.
Financial
thresholds
64.
An
Officer may not make a key decision unless specifically authorised
to do so under this Constitution or by the Executive.
65.
An
Officer may not award a contract with a value exceeding
£250,000 except where the contract is treated as a routine
procurement in accordance with the Contract Procedure Rules
contained within this Constitution.
Planning
Powers
66. An Officer may not exercise a power in respect of a planning matter where the power to take the particular decision is specifically delegated under this Constitution to the Planning Committee.
67. Unless where circumstances are urgent or require immediate action, an Officer may not authorise the issuing of a planning enforcement or stop notice without consultation with the Chair of the Planning Committee.
68. An Officer may only exercise powers in relation to the designation of a neighbourhood area under the Localism Act 2011 where the Council is statutorily obliged to designate the area specified in the application.
Licensing
functions
69.
An
Officer may not exercise a Council function in respect of a
licensing matter where the function has been specifically reserved
under this Constitution to Council, a Committee, or a Sub-
Committee.
Executive functions
70. An Officer may not exercise an executive function where the relevant Executive Member or the Leader has reserved the power to themselves by giving written notice to the officer holding the delegated power or to the Head of Paid Service.
Legal
Action
71. An Officer may only commence legal proceedings in accordance with an approved enforcement policy and/or with the approval of the Monitoring Officer.
Delegated Powers in respect of Academy Conversions
72.
The Corporate
Director of Children and Education and the Monitoring
Officer, in
consultation with the Executive Member for Children, Young People
and Education, have delegated powers to negotiate and conclude the
Commercial Transfer Agreements and Land Leases in future academy
conversions where there are no proposals to change the designation
of land currently used for educational purposes.
73. The Executive has agreed to delegate the Private Finance Initiative (PFI) academy conversion process to officers, in consultation with the Executive Member for Children, Young People and Education.
Powers of the Corporate Directors and Directors
74.
All
Corporate Directors and Directors have the power to
take
decisions in relation to the discharge of the Council’s and
the Executive’s functions within their area of
responsibility and which have
not been reserved to Council, the Executive and Executive Member or
a Committee.
Note that this
delegation is subject to the general provisions and limitations set
out in this Constitution.
75. Each Corporate Director and Director shall have all the powers and duties delegated to other staff within their portfolio so far as is legally permissible and in accordance with the specified provisions contained within this constitution.
Powers of Officers
76. All Officers will have delegated authority required to:
a) Effectively manage and promote the services for which they are responsible;
b) Exercise the functions delegated to Officers under the Financial Procedural Rules and the Contract Procedure Rules;
c)
Exercise all
functions delegated under the Officer Employment Procedure Rules
and to manage all staff in accordance with any of the
Council’s Policy and Procedures.
SPECIFIC POWERS DELEGATED TO THE HEAD OF PAID SERVICE, CORPORATE DIRECTORS, DIRECTORS, AND ASSISTANT DIRECTORS IN THE DISCHARGE OF THE FUNCTIONS OF THE COUNCIL
Head of Paid Service
Statutory Responsibilities
77.
The Chief Executive is the Head of
Paid Service and has authority over all Chief Officers. This
means that the Head of Paid Service can exercise all powers delegated
to any Corporate Director, Director, or Assistant Director or other
officer so far as the law allows. However,
the Head of Paid Service
cannot substitute for the Monitoring Officer and can only
substitute for the Section 151 Officer if they are a fully
qualified member of one of the six accountancy bodies that
constitute the Consultative Council of Accountancy Bodies
(CCAB). In the event of the departure or unforeseen absence
of any Chief Officer the Head of Paid Service may temporarily or
permanently reallocate the duties of that Chief Officer to another
Chief Officer or Officer of the Council.
78. As the designated Head of Paid Service they may, if they consider it appropriate to do so, prepare a report to the council, detailing any proposals relating to the tasks below insofar as they relate to the discharge of the council’s functions and the staff required to undertake those functions:
a) The manner in which the authority discharges its functions and how the different functions are co-ordinated;
b)
The
structure, number and grades of staff required by the authority for
the discharge of their functions at a chief officer level to safely
discharge the council’s different functions.
79. As the designated Head of Paid Services, they will:
a) Approve the Officer structure of the council;
b) Have responsibility for the appointment of all Officers except:
1) the Head of Paid Service;
2) the Section 151 officer;
3) the Monitoring Officer;
4) the Director of Adult Social Services;
5) the Director of Children’s Services;
6) the Director of Public Health;
7) any other Corporate Directors;
c) Have responsibility for the effective management of the authority’s Officers.
80.
To
act as the Council’s (Local) Returning Officer, (Acting)
Returning Officer and Counting Officer for the purposes of
elections and referendum.
81.
To
act as the Council’s Electoral Registration Officer.
82. The Head of Paid Service will have responsibility for all management, operational and decision-making functions (other than in respect of those functions expressly delegated within this constitution).
83. To invoke powers under the Public Order Act 1986 to ensure the protection of the local authority’s land and assets.
Areas
of Responsibility
84. In addition to the above specific delegations, the Head of Paid service has the following additional responsibilities:
a) Acting as Head of the Paid Service, including providing clear, strong, and motivational leadership for all officers, and being responsible for all related operational staffing matters;
b) Developing and leading the Council’s Corporate Management Team, ensuring that it operates corporately, strategically, and operationally;
c) Developing corporate strategies, policies, and briefs for all service areas;
d) Taking a lead strategic role in the development and implementation of the Council Plan;
e) Having overall responsibility for promoting the Council's values, delivering its strategic aims and priorities and for promoting a positive culture across the organisation;
f) Giving directions and/or advice to other officers in the exercise of their powers and duties under this scheme;
g) Promoting high standards of governance (including ethical governance) and ensure that robust systems are in place for decision-making, budgeting, planning, performance management and risk management and that the organisation complies with all of its statutory responsibilities;
h) Delivering high quality, impartial policy advice and support to the Leader and all Elected Members and to promote high standards of governance and strong and transparent, member/officer relationships and to develop and maintain effective working relationships with the Leader of the Council, the Executive, and all Elected Members of the Council;
i) Determining the date of, and venue for, Full Council meetings, including the cancellation/amendment of published Full Council meetings where necessary;
j) Approving the inclusion of any other business within the agenda for Annual Council;
k) Determining any matters relating to civic or ceremonial activities that are not specifically considered elsewhere;
l) Leading the management, development performance and continuous improvement of all services across the Council;
m) Monitoring the achievement, impact and effectiveness of the council's corporate aims, priorities, and policies;
n) Dealing with corporate personnel functions including reviews, policy and industrial relations, equalities, and employee development;
o) Having responsibility for the effective delivery of resolutions of Council, unless stipulated otherwise; the following responsibilities linked with the Shareholder Committee:
1) approving changes to the location in which the company works;
2) altering the company’s name or registered office;
3) matters relating to the employees or agents of the company other than its senior management team;
4) where required giving any further specific approval to a matter provided for within the approved business plan;
5) approving changes to accounting arrangements; and
6) entering, terminating, or amending any agreements which create a potential liability for the company not exceeding £250,000.
p) Making decisions on behalf of the Council in cases of urgency as detailed within Appendix 21 in discharge of any non-executive functions of the council other than those which are already delegated to an officer under this scheme or which by law can be discharged only by the Council;
q) In consultation with the Section 151 Officer and the Monitoring Officer, authorising payments for Officers (excluding Chief Officers) in the case of early retirement, voluntary redundancy, compulsory redundancy, and redeployment;
r) Granting extensions of sickness pay to officers (excluding Chief Officers);
s) Having responsibility for the health, safety, and wellbeing of the workforce, including taking such actions as are necessary, following consultation with the Chief Officer HR & Support Services;
t) Having responsibility for the terms and conditions of employment of all staff, including approving any changes to terms and conditions of employment in excess of £150,000.
Deputy to the Head of Paid Service
85. The Head of Paid Service will designate one or more of the Corporate Directors or Directors as being able to exercise the powers of the Head of Paid Service. Such designation shall carry with it the delegation to exercise all and any of the Head of Paid Service’s specific delegated functions, during any period where the Head of Paid Service is absent in the sense that they are not in a position to exercise the powers of Head of Paid Service, for example due to sickness, incapacity, or being out of contact in the case of emergency.
86. In the event that the Head of Paid Service becomes immediately unavailable, due to sickness, incapacity, or being out of contact in the case of emergency, the Section 151 Officer and the Monitoring Officer will jointly designate a temporary Deputy to the Head of Paid Service to exercise the powers of the Head of Paid Service in the interim.
Section 151 Officer and Monitoring Officer
87.
The functions and
powers of the Section 151 Officer and Monitoring Officer are set
out below. The Council will provide the Section 151 Officer and
Monitoring Officer with such offices, accommodation and other
resources as are in their opinion sufficient to allow their duties
to be performed.
88.
The Council has
appointed the Director of Finance as the S151 Officer, and the
Director of Governance as the Monitoring Officer. The
Monitoring Officer cannot be the Section 151 Officer or the Head of
Paid Service. The Section 151 Officer and the Monitoring
Officer may exercise any delegation granted to any other Chief
Officer, providing that delegation does not require a specific
qualification that the Section 151 Officer or Monitoring Officer do
not hold.
Functions and powers of the Section 151 Officer
89. The Section 151 Officer will:
a) Be the Council officer with responsibility for the administration of financial affairs under Section 151 of the Local Government Act 1972. This means that they are responsible for determining the way the Council administers its financial systems and processes;
b) Carry out all Treasury Management activities within the Treasury Management Policy Statement and Annual Treasury Management Strategy approved from time to time by the Executive and in accordance with CIPFA’s Code of Practice for Treasury Management in Local Authorities and the raising of loans and the issuing of Council bills in the case of emergency;
c) Take and implement any decision which they are empowered to take in accordance with Financial Procedure Rules and the Contract Procedure Rules;
d) Report to the Full Council (or to the Executive in relation to an Executive function) after consulting with the Head of Paid Service and the Monitoring Officer and send a copy of the report to all Members of the Council and to the Council’s external auditor if they consider that any proposal, decision or course of action will involve incurring unlawful expenditure or is unlawful and is likely to cause a loss or deficiency or if the Council (or the Executive) is about to enter an item of account unlawfully;
e) Be responsible for the administration of the financial affairs of the Council. This involves providing effective financial management arrangements and systems, an effective internal audit function and internal controls arrangements, effective treasury managements, safeguarding assets, and probity;
f) Contribute to the corporate management of the Council, in particular by providing professional financial advice;
g) Determine the commercial fees charged for use of council owned property by third parties as appropriate;
h) Provide advice to all Members on the scope of powers and authority to take decisions, maladministration in relation to financial matters, financial impropriety, probity and budget and policy framework issues and to support and advise Members and staff in their respective roles (in liaison, as necessary, with the Monitoring Officer);
i) Where required by law or authorised by the Council, provide financial information to the media, members of the public and the community;
j) Where necessary, and in conjunction with the Monitoring Officer as appropriate, exercise powers of sanction and intervention when they consider that any proposal, decision, omission, or course of action is likely to incur unlawful expenditure or otherwise contravene the corporate governance interests of the Council;
k) Undertake any revisions or amendments to the Financial Procedure Rules including the Contract Procedure Rules as required as a consequence of amendments or variations to legislation, or the implementation of new legislation. Such amendments to be retrospectively noted by Council;
l) Authorise the receipt of, and account for, grants to the Council of any value (including those in excess of the Key Decision limit) from any source;
m) Establish insurance arrangements as appropriate to safeguard the assets of, and services to, the council taking into account the valuation of interests in land and property;
n) Undertake all functions of the council in respect of Council Tax and national non-domestic rates, except where these are reserved to Council or the Executive;
o) Undertake all necessary actions under the Housing and Council Tax benefit schemes.
p) Be responsible for property including asset management and facilities management and activity under the following Acts:
i. Landlord and Tenant Act 1985;
iii. Health & Safety at Work etc. Act 1974;
iv. Local Authorities (Land) Act 1963
v. Localism Act 2012;
vi. Office Shops and Railway Premises Act 1963;
vii. Party Wall etc. Act 1996, section 10(8);
viii. The Construction (Design and Management) Regulations 2015.
Treasury
management delegations
90. Executive / Full Council:
a) receiving and reviewing reports on treasury management policies, practices, and activities;
b)
approval of
annual strategy and annual outturn.
91. Executive:
a) approval of/amendments to the organisation’s adopted clauses, treasury management policy statement, and treasury management practices;
b) budget consideration and approval;
c)
approval of the
division of responsibilities.
92. Audit & Governance Committee:
a) receiving and reviewing reports on treasury management policies, practices, and activities;
b)
reviewing the
annual strategy, annual outturn, and mid-year review.
93. Section 151 officer:
a) reviewing the treasury management policy and procedures and making recommendations to the responsible body;
b) all operational decisions are delegated by the council to the Section 151 Officer, who operates within the framework set out in this strategy and through the treasury management policies and practices;
c)
Approving the
selection of external service providers and agreeing terms of
contract in accordance with the delegations in financial
regulations.
94. The treasury management role of the Section 151 officer:
a) recommending clauses, treasury management policy/practices for approval, reviewing the same regularly, and monitoring compliance;
b) all operational decisions delegated by the council to the Section 151 Officer, who operates within the framework set out in this strategy and through the treasury management policies and practices;
c) submitting regular treasury management policy reports;
d) submitting budgets and budget variations;
e) receiving and reviewing management information reports;
f) reviewing the performance of the treasury management function;
g) ensuring the adequacy of treasury management resources and skills, and the effective division of responsibilities within the treasury management function;
h) ensuring the adequacy of internal audit, and liaising with external audit;
i) recommending the appointment of external service providers;
j) preparation of a capital strategy to include capital expenditure, capital financing, non-financial investments, and treasury management, with a long-term timeframe;
k) ensuring that the capital strategy is prudent, sustainable, affordable, and prudent in the long term and provides value for money;
l) ensuring that due diligence has been carried out on all treasury and non-financial investments and is in accordance with the risk appetite of the authority;
m) ensure that the authority has appropriate legal powers to undertake expenditure on non-financial assets and their financing;
n) ensuring the proportionality of all investments so that the authority does not undertake a level of investing which exposes the authority to an excessive level of risk compared to its financial resources;
o) ensuring that an adequate governance process is in place for the approval, monitoring and ongoing risk management of all non-financial investments and long-term liabilities;
p) provision to members of a schedule of all non-treasury investments including material investments in subsidiaries, joint ventures, loans, and financial guarantees;
q) ensuring that members are adequately informed and understand the risk exposures taken on by an authority;
r) ensuring that the authority has adequate expertise, either in house or externally provided, to carry out the above;
s) creation of Treasury Management Practices which specifically deal with how non-treasury investments will be carried out and managed, to include the following:
1) Risk management,including investment and risk management criteria for any material non-treasury investment portfolios;
2) Performance measurement and management, including methodology and criteria for assessing the performance and success of non-treasury investments;
3) Decision making, governance and organisation, including a statement of the governance requirements for decision making in relation to non-treasury investments; and arrangements to ensure that appropriate professional due diligence is carried out to support decision making;
4) Reporting and management information, including where and how often monitoring reports are taken;
5) Training and qualifications, including how the relevant knowledge and skills in relation to non-treasury investments will be arranged.
Functions and powers of the Monitoring Officer
95. The functions and powers of the Monitoring Officer are:
a) To be the Council’s solicitor and Chief Legal Officer and in that capacity to take all necessary steps, including the obtaining of Counsel’s advice, in connection with any matter concerning the Council;
b) To be the Proper Officer for any purpose for which the Council has not designated another officer to be Proper Officer;
c) To maintain the Registers of:
1) The financial and other interests of Members and co-opted members of the Council as required by the Local Government Act 2000;
2) Officers’ declarations of interest in contracts and other pecuniary interests;
3) Any other matter relating to the interests of Members and co-opted members which the Council may from time to time establish.
d) To maintain an up-to-date version of the Constitution and ensure that it is widely available for consultation by Members, Officers, and the public. This responsibility includes the power to make such minor amendments to the Constitution and related documents as may be necessary. Such minor amendments should not include any changes of substance, and are restricted to changes, revisions or amendments to the Constitution which the Monitoring Officer considers are required as a consequence of amendments or variations to legislation or guidance, or the implementation of new legislation or guidance,or to reflect and changes in Council policy, organisational structure, and job title changes. This includes decisions of the Council and the Executive or drafting changes and/or improvements;
e) To report to Full Council (or to the Executive in relation to an Executive function) after consulting with the Head of Paid Service and Section 151 Officer, if they consider that any proposal, decision, or omission would give rise to unlawfulness or to maladministration. Such a report will be sent to all Members of the Council and will have the effect of stopping the proposal or decision being implemented until the report has been considered;
f) To contribute to the corporate management of the Council, in particular by providing professional legal advice;
g) To contribute to the promotion and maintenance of high standards of conduct and ethics through provision of support to the committee considering Standards matters;
h) To jointly advise with the Section 151 Officer whether the decisions of the Executive are in accordance with the budget and policy framework;
i) In conjunction, where necessary, with the Section 151 Officer, to provide advice to all Members on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues;
j) Where necessary, in conjunction, with the Section 151 Officer, to exercise powers of sanction and intervention where they consider that any proposal, decision or omission would give rise to unlawfulness or maladministration or otherwise contravene the corporate governance of the authority;
k) To ensure that Executive decisions as required under this Constitution, together with the reasons for those decisions and relevant Officer reports and background papers are made publicly available as soon as possible;
l) As solicitor to the Council the power to:
1) Take any action intended to give effect to a decision of the Council, the Executive, a Committee of the Council, or an Officer;
2) Institute, defend, participate in, appeal, settle, or withdraw from any legal or other proceedings or procedures in any case where such action is necessary to give effect to decisions of the Council, the Executive, a Committee of the Council, or an Officer or in any case where they consider that such action is necessary to protect the Council’s interests, including the instruction of such external representation as in the Monitoring Officer’s view is necessary.
m) To authorise Officers of the Council as being authorised under Section 223 of the Local Government Act 1972 to institute, prosecute, defend, or appear on the Council’s behalf in proceedings before a Magistrates’ Court and to conduct such proceedings notwithstanding that the officer concerned may not be a solicitor holding a current practising certificate;
n) To appoint, in writing, in pursuance of Section 60 of the County Courts Act 1984 (as amended) officers of the Council to address or appear before the District Judge in the County Court in proceedings which relate to the recovery of possession of a property belonging to the Council and for the recovery of rent, mesne profits, damages or other sums claimed by the Council in respect of the occupation by any person of such property;
o) To take any action remitted to them under corporate procedures, with the exception of those matters where this constitution has directed that the delegated authority should not be exercised and that the matter should be referred to Full Council, a Committee of the Council or to the Executive for consideration;
p) In consultation with the Chair of the committee considering Standards matters, the power to grant dispensations allowing Members to participate in meetings where they have a disclosable pecuniary or prejudicial interest in the business being considered at the meeting;
q) The power to grant dispensations, to Members utilising the Council’s parental leave policy for Members, pursuant to the provisions of Section 85 of the Local Government Act 1972;
r) To appoint an independent person of another authority’s Standard Committee, where necessary because of a conflict of interest or non-availability, to serve a temporary member of the Joint Standards Committee;
s) To make arrangements for dealing with the following kinds of appeal under the Schools Standards and Framework Act 1998:
1) Admission Appeals;
2) Appeals against exclusion;
3) Appeals by Governing Bodies;
4) Appeals against School exclusion or admission decisions.
t) To maintain a central record of all delegations under this scheme and make this available for public inspection pursuant to Section 100G Local Government Act 1972;
u) To act as the Council’s Senior Information Risk Officer (SIRO);
v) To act as the Senior Responsible Officer for the purposes of the Council’s Regulation of Investigatory Powers Act (RIPA) activities;
w) To undertake the recruitment and selection, and to appoint Independent persons to the Audit & Governance Committee and the Joint Standards Committee in consultation with the Chair and Vice Chairs of the respective Committee;
x) To act as the Deputy (Local) Returning Officer and Deputy Counting Officer (with full powers) for the purposes of elections and referenda;
y) To act as the Deputy Electoral Registration Officer;
z) To undertake such investigations as appear to the Monitoring Officer necessary for the proper performance of their role, including requiring access to any record of the Council, written or electronic, that the Council may hold;
aa) To attend such meetings as the Monitoring Officer considers necessary for the proper performance of their role.
bb) To make all appointments to committee places when expressed to be group wishes, in accordance with the duty under Section 16 of the Local Government and Housing Act 1989, such appointments to be reported to the next Ordinary Council meeting for information.
cc) To appoint substitute members to committee places, upon the request of the group, for all committee places and subject to the substitute member fulfilling any training requirement imposed.
Corporate
Director of Adult Social Care and Integration
96. The Corporate Director of Adult Social Care & Integration will hold the statutory designation of Director of Adults Social Services under section 6 of the Local Authority Social Services Act 1970 and will be responsible for the Council’s Adults Social Care functions. They will undertake the functions required by Section 18 of the Children Act 2004, as amended from time to time including sections 58 - 66 of the Care Act 2014 and The Care and Support (Children Carers) Regulations 2015, supporting transitions to adult social care SEND and young people on EHCPs preparing for adulthood, but excluding those provisions which related directly to children and young people under the age of 18 years.
a) To exercise the functions of the Council with regard to, powers and duties of an Adult Services Authority under all relevant legislation including, but not limited to social services, safeguarding adults, Mental Health services including the deprivation of liberty and Health functions;
b) To ensure market oversight, management, and commissioning of all age social care services in accordance with the duty imposed in section 4 Care Act 2014;
c) Lead on Multi-agency local adult safeguarding board (SAB) to prevent abuse, neglect and stop it when it happens in accordance with the legal safeguarding framework set out within the Care Act 2014 as well as the Safeguarding Vulnerable Groups act 2006 and the Protection and Freedom Bill sexual offences Act 2003, ill treatment or wilful neglect under Section 44 Mental Capacity Act 2005 and Public Interest Disclosure Act 1998;
d) To exercise all the powers and duties of the Council in accordance with general policies from time to time laid down by the Executive for the administration of any arrangements made under relevant legislation with respect to services for adults including people with disabilities;
e) To undertake quality spot visits, to make permanent or temporary variations in the approved number of places at any Adult Social Care establishment in line with CQC 5 standards of care;
f) To support integration, co-operation, and partnerships within section 15.2 section 3,6,7 of the Care Act 2014 including, Planning, Commissioning, assessment and information, delivery of care, Joint Needs assessment JSNA and Joint health and wellbeing strategies;
g) To carry out the functions of the Council which fall within this directorate remit under the NHS Health and Care Act 2012 and any other health legislation (as amended or replaced from time to time) to enter into arrangements with the NHS or other bodies for the exercise of the NHS or health functions or health related Council functions so far as those functions relate to Adults);
h) As well as the legislation (which may be amended from time to time) listed below but not limited to:
|
1) Care Act 2014; |
|
2) Carers Equal Opportunities Act 2004; |
|
3) Community Care Delayed Discharges Act 2003; |
|
4) Community Care Direct Payments Act 1996; |
|
5) Equality Act 2010; |
|
6) Health and Social Care Act 2012; |
|
7) Housing Act 1996; |
|
8) Human Rights Act 1998; |
|
9) Local Government Act 2000; |
|
10) Mental Capacity Act 2005; |
|
11) Mental Health Act 1983 (amended); |
|
12) National Assistance Act 1948; |
|
13) SEND Code of Practice 0-25yrs 2014. |
97. Where litigation is conducted in Court with respect to those who are aged 18 and over, instructions are provided in the name of the Monitoring Officer.
98. To approve the utilisation of funds received under Section 106 of the Town and Country Planning Act 1990 to the project named in the relevant Section 106 agreement, up to a maximum value of £150,000 per Section 106 agreement. A schedule of such expenditure will be maintained and reported quarterly to the Executive Member for Health, Wellbeing & Adult Social Care.
Corporate Director of Children and Education
99. The Corporate Director of Children and Education will hold the statutory designation of Director of Children’s Services and will carry out the functions of the Council as they relate to Children’s Social Care and Education and undertake the functions required by section 18 Children Act 2004, as amended from time to time, but excluding those provisions which directly relate to Adults Social Care for persons over the age of 18 years:
a) To exercise the functions of the Council with regard to powers and duties of Children’s Services Authority and Local Education Authority, (or Local Authority in the context of children’s social care matters and/or educational matters), under all relevant legislation;
b) To carry out the functions of the Council’s Local Education Authority (or Local Authority in the context of educational matters) including the functions of the Council relating to education, child employment in the youth service but excluding functions relating to adult learning and further and higher education set out in Section 18 (3) of the Children Act 2004 (as amended from time to time);
c) To be responsible for the general duties under sections 13(1) and 13A of the Education Act 1996 (as amended from time to time). To carry out the functions of the Council as local education authority in relation to adult/family learning and further and higher education including the functions set out in section 18(3) of the Children Act 2004 (as amended from time to time);
d) To undertake all the powers and duties of the Council as an Adoption Agency having regard to the recommendations of the adoption panel and to approve the charge for home study assessments for inter country adoptions in accordance with the policy agreed by Executive, and to appoint the members (except for the appointment of any members who are Councillors) of the adoption and permanence panels in accordance with the Adoption Regulations 2011 or as amended from time to time;
e) To carry out the functions of the Council under the NHS Act 2006 and any other health legislation (as amended or replaced from time to time) to enter into arrangements with the NHS or other bodies for the exercise of the NHS or health functions or health related Council functions so far as those functions relate to children);
f) To carry out the functions of the Council under Section 23(C) to 24(D) of the Children Act 1989 and the Children and Social Work Act 2017 (as amended from time to time) in relation to aftercare arrangements etc.;
g) To carry out the functions of the Council under Sections 10 to 13 and 17(A) of the Children Act 2004 (as amended from time to time) in relation to arrangements to safeguard and promote the welfare of children and young person’s plans;
h) To carry out the functions of the Council in relation to Early Help and the Childcare Act 2006;
i) To carry out the functions of the Council in relation to youth justice services;
j) To be responsible for the development of corporate parenting and supporting City of York Council’s Commitment to Corporate Parenting as detailed within this constitution;
k) To ensure the sufficiency of the child protection service and to promote and participate fully within multi-agency safeguarding arrangements to ensure that children within the Council’s area are adequately safeguarded and protected;
l) To ensure the effectiveness of the Multi Agency Safeguarding Arrangements within the City of York in accordance with the Children and Social Work Act 2017 and Working Together to Safeguard Children 2018;
m) To undertake statutory visits to children’s homes and to make permanent or temporary variations in the approved number of places at any children services establishments;
n) To grant licences and to approve bodies of persons to enable children to take part in public performances under Section 37 of the Children and Young Persons Act 1963;
o) To respond to alcohol licensing applications to highlight any concerns in relation to child safety;
p) To institute, intervene, or defend, on the Council’s behalf, wardship proceedings and to appear on the Council’s behalf on any wardship proceedings involving the Council in consultation with the Director of Governance.
100. To approve the utilisation of funds received under Section 106 of the Town and Country Planning Act 1990 to the project named in the relevant Section 106 agreement, up to a maximum value of £150,000 per Section 106 agreement. A schedule of such expenditure will be maintained and reported quarterly to the Executive Member for Children, Young People and Education.
Director of
Public Health
101.
To
undertake such statutory responsibilities as may be required by
legislation or delegated to the authority or the Director by the
Secretary of State from time to time, including the exercise by
regulations under section 6 C of the NHS Act 2006 and Council
health improvement functions under the Health & Social Care Act
2012.
102.
To
commission public health services on behalf of the Secretary of
State in consultation with the relevant Executive Member and on
behalf of the Council to address local Public Health challenges
identified through the Public Health Outcomes Framework and tackle
local priorities as set out in the joint Health and Wellbeing
Strategy for City of York. The final decision rests with the
Director of Public Health.
103.
To
provide public health and population healthcare advice to NHS
Commissioners and Providers. Contribute to and influence the work
of NHS commissioners, ensuring a whole system approach across the
public sector.
104. To undertake the Council’s statutory duties for health protection.
105.
The
provision of an independent annual report of health in the city
under section 73B(5) & (6) of the 2006 Act, inserted by section
31 of the 2012 Act
106.
To
authorise Consultants in Communicable Disease Control of Public
Health England and/or their deputies to act on behalf of the
Council as Proper Officer in the exercise of statutory functions
relating to the control of infections and other disease and food
poisoning.
107. To authorise allowances to persons excluded from work because of notifiable disease.
108.
Council functions
under section 325 of the Criminal Justice Act 2003 in relation to
co-operating with police, probation and prison services in relation
to assessing risks of violent or sexual offenders.
109. Lead the Council’s development of the Local assessment of health and care needs. This to be done in partnership with local NHS Organisations and the Integrated Care Board with a shared statutory duty to develop and deliver the JSNA for their defined population.
110.
Act
as lead officer for the Health and Wellbeing Board, ensuring its
statutory role is performed
111.
To be
accountable for the use of the local authority Public Health ring
fenced grant.
112.
To be
the Council’s lead registered Caldicott Guardian with the
responsibility for protecting the
confidentiality of people’s health and care information and
making sure such data is used properly including overseeing
the use and sharing of clinical information. This is to be
done with support from an additional registered Caldicott Guardian
from Children’s Services and Adult Care and
Health.
113. To carry out functions in relation to the following legislation:
a) Health and Social Care Act 2012;
b) Public Health (Control) of Disease Act 1984;
c) The Health Act 2006;
d) Public Health (Control of Disease) Act 1984.
Director of Housing and Community Services
114. The Director of Housing and Community Services may exercise all powers for council services which fall within the remit of this Department, the Directorate of City Development, or the Directorate of Environmental and Regulatory Services, and shall act as the Proper Officer for the Council’s Registration Service, including:
a) To approve premises for the solemnisation of marriages;
b) To carry out the Council’s duties under the Marriage Acts 1949 and 1994 (other than those relating to fees and final appeals)
c) To set such fees as are appropriate for ensuring full costs recovery to the Council in respect of civil marriage ceremonies on local authority approved premises;
d) To act as Proper Officer for the Council’s Registration Service pursuant to the Registration Service Act 1953 (as amended by the Statistics and Registration Service Act 2007);
e) Determination of a Deputy to become Interim Superintendent Registrar or Interim Registrar for births and deaths if the Superintendent Registrar or Registrar ceases to hold office;
f) Appointment of Interim Superintendent registrar or Registrar of Births and Deaths if there is no Deputy;
g) Powers conferred in relation to the Local Scheme of Organisation for Registration Service.
115. To undertake responsibility for the following statutory executive functions:
a) All executive functions of the council in relation to the Libraries & Archives service;
b) To undertake all necessary actions under the council’s Equalities Policies.
116. Other areas of responsibility:
a) Managing Customer Service Channels;
b) Managing Bereavement Services and the Mansion House;
c) Commissioning and contracting of or with the following services: Explore York, the council’s leisure facilities including York Community Stadium, York Museums Trust, York CVS, Citizen’s Advice York, Welfare Benefits Unit, Make It York, other cultural organisations;
d) Managing area and neighbourhood working, including:
1) ward schemes, committees, and funding;
2) oversight of Armed Forces Covenant and Parish Charter;
3) community sport and health development;
4) family information & advice;
5) community centres, children’s centres;
6) Local Area Coordination;
7) Community/Adult Learning.
117. The Director of Housing & Communities is responsible for appointing any members of staff to act as authorised or proper officers under the following acts insofar as the appointment relates to the functions listed below. The Director of Housing & Communities may also authorise anyone (subject to any required qualifications) from another authority or organisation to act as an authorised or proper officer and authorise staff to work on behalf of other authorities or organisations in relation to the functions listed below.
118. To operate the service within the scope of the provisions listed below.
a) Housing related activity under the following Acts:
1) Anti-Social Behaviour Act 2003;
2) Anti-Social Behaviour Crime and Policing Act 2014;
3) Building Act 1984;
4) Caravan Sites and Control of Development Act 1960;
5) Caravan Sites Act 1968;
6) Consumers, Estate Agents and Redress Act (CEARA) 2007 including Requirement to Belong to a Scheme etc.) (England) Order 2014 made under this Act;
7) Consumer Rights Act 2015;
8) Crime and Disorder Act 1998;
9) Criminal Attempts Act 1981;
10) Criminal Justice Act 1988;
11) Criminal Justice and Police Act 2001;
12) Criminal Justice & Public Order Act 1994;
13) Commonhold and Leasehold Reform Act 2002;
14) The Construction (Design and Management) Regulations 2015;
15) Defective Premises Act 1972;
16) Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020;
17) Energy Conservation Act 1981;
18) Energy Acts 2011 and 2013;
19) The Enterprise and Regulatory Reform Act 2013;
20) Environmental Protection Act 1990;
21) Estate Agents Act 1979;
22) European Union (Withdrawal) Act 2018 as it continues to give effect to the following Regulations or Orders under which this local authority has an enforcement duty;
23) Health and Safety at Work etc Act 1974;
24) Home Energy Conservation Act 1995;
25) Homes (Fitness for Human Habitation Act) 2018);
26) Housing Acts 1985, 1988, 1996, 2004;
27) Housing and Planning Act 2016;
28) Housing and Regeneration Act 2008;
29) Housing Grants, Construction and Regeneration Act 1996;
30) Homelessness Act 2002;
31) Homelessness Reduction Act 2017;
32) Land Compensation Act 1973, Section 39;
33) Land Drainage Act 1991;
34) Landlord and Tenant Act 1985;
35) Local Government and Housing Act 1989;
36) Mobile Homes Act 2013;
37) Local Government (Miscellaneous Provisions) Acts 1976 and 1982;
38) Local Government Act 2000;
39) Local Government Act 1972 and 2003;
40) Prevention of Damage by Pests Act 1949;
41) Proceeds Of Crime Act 2002;
42) Protection from Eviction Act 1977;
43) Tenant Fees Act 2019;
44) Public Health Acts 1936 and 1961;
45) Public Health (Control of Disease) Act 1984;
46) Public Health Acts Amendment Act 1907;
47) Refuse Disposal Act 1976.
b) together with:
1) any Orders or Regulations made thereunder or relating to any of the foregoing or having effect by virtue of the European Union (Withdrawal Agreement) Act 2020any byelaws in relation to the foregoing;
2) any offence under any legislation, or at common law, which is of a similar nature or related to the foregoing, including offences of aiding, abetting, counselling, and procuring, incitement, conspiracy, perverting the course of justice and criminal attempts;
3) any modification or re-enactment to the foregoing.
Director of Environmental and Regulatory
Services
119. The Director of Environmental and Regulatory Services may exercise all powers for council services which fall within the remit of this Department, the Directorate of City Development, or the Directorate of Housing and Community Services, and shall discharge the Council’s functions under section 17 of the Crime and Disorder Act 1998 to prevent crime and disorder.
120. To authorise the sharing of council information in accordance with section 115 of the Crime and Disorder Act.
121.
To
undertake all powers, enforcement, administrative and, where
necessary Proper Officer functions for council services which fall
within the remit of this Department, the Directorate of Housing and
Community Services, or the Directorate of City Development,
including those related to national trading standards issues.
122.
The
Director of Environmental and Regulatory Services will provide
administrative support and guidance to the Safety Advisory
Groups.
123. The Director of Environmental and Regulatory Services is responsible for appointing members of staff to act as authorised or proper officers under the following legislation, insofar as the appointment relates to undertaking enforcement and administrative duties; this will also be applicable to City of York’s support to National Trading Standards:
a) under the following Acts:
|
1) Advanced Television Services Regulations 2003; |
|
2) African Horse Sickness (England) Regulations 2012; |
|
3) Agriculture (Miscellaneous Provisions) Act 1968; |
|
4) Agriculture Act 1970; |
|
5) Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020; |
|
6) Air Quality (Taxis and Private Hire Vehicles Database) England Wales Regulations 2019; |
|
7) Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003; |
|
8) Animal Boarding Establishments Act 1963; |
|
9) Animal By-Products (Enforcement)(England) Regulations 2013; |
|
10) Animal By-Products Order 1999; |
|
11) Animal Feed (Basic Safety Standards) (England) Regulations 2019; |
|
12) Animal Feed (Composition, Marketing and Use) (England) Regulations 2015; |
|
13) Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015; |
|
14) Animal Gatherings Order 2010; |
|
15) Animal Health Act 1981; |
|
16) Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018; |
|
17) Animal Welfare Act 2006; |
|
18) Animals Act 1971; |
|
19) Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015; |
|
20) Anti-social Behaviour Act 2003; |
|
21) Anti-Social Behaviour, Crime and Policing Act 2014; |
|
22) Avian influenza (Preventative Measures) (England) Regulations 2006; |
|
23) Avian Influenza (Vaccination)(England) Regulations 2006; |
|
24) Beef and Veal Labelling Regulations 2010; |
|
25) Betting, Gaming and Lotteries Act 1963; |
|
26) Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013; |
|
27) Biofuel Labelling Regulations 2004; |
|
28) Birmingham Commonwealth Games Act 2020; |
|
29) Bluetongue Regulations 2008; |
|
30) Botulinum Toxin and Cosmetic Fillers (Children) Act 2021; |
|
31) Breeding and Sale of Dogs (Welfare) Act 1999; |
|
32) Breeding of Dogs Acts 1921, 1973, and 1991; |
|
33) Brucellosis (England) Order 2015; |
|
34) Building Act 1984; |
|
35) Burials Act 1957; |
|
36) Business Protection from Misleading Marketing Regulations 2008; |
|
37) Cancer Act 1939; |
|
38) Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008; |
|
39) Cattle Identification Regulations 1998; |
|
40) Cattle Identification Regulations 2007; |
|
41) Charities Act 2006; |
|
42) Chemicals (Hazard Information and Packaging for Supply) Regulations 2009; |
|
43) Children and Families Act 2014; |
|
44) Children and Young Persons (Protection from Tobacco) Act 1991; |
|
45) Children and Young Persons Act 1933; |
|
46) Christmas Day (Trading) Act 2004; |
|
47) Cinema Act 1985; |
|
48) Civil Contingencies Act 2004; |
|
49) Clean Air Act 1993; |
|
50) Clean Neighbourhoods and Environment Act 2005; |
|
51) Companies Act 2006; |
|
52) Construction Products Regulations 2013; |
|
53) Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; |
|
54) Consumer Credit Act 1974, Consumer Credit Act 2006; |
|
55) Consumer Protection Act 1987; |
|
56) Consumer Protection from Unfair Trading Regulations 2008; |
|
57) Consumer Rights (Payment Surcharges) Regulations 2012; |
|
58) Consumer Rights Act 2015; |
|
59) Consumers, Estate Agents and Redress Act (CEARA) 2007 including Requirement to Belong to a Scheme etc.) (England) Order 2014 made under this Act; |
|
60) Control of Dogs Order 1992; |
|
61) Control of Pollution (Amendment) Act 1989; |
|
62) Control of Pollution Act 1974; |
|
63) Copyright, Designs and Patents Act 1988; |
|
64) Cosmetic Products Enforcement Regulations 2013 and the EU Cosmetic Products Regulation 1223/2009; |
|
65) Country of Origin of Certain Meats (England) Regulations 2015; |
|
66) Crime and Disorder Act 1998; |
|
67) Criminal Attempts Act 1981; |
|
68) Criminal Justice & Public Order Act 1994; |
|
69) Criminal Justice Act 1988; |
|
70) Criminal Justice and Police Act 2001; |
|
71) Crossbows Act 1987; |
|
72) Crystal Glass (Descriptions) Regulations 1973; |
|
73) Customs & Excise Management Act 1979; |
|
74) Customs and Inland Revenue Act 1883; |
|
75) Dairy Products (Hygiene) Regulations 1995; |
|
76) Dangerous Dogs Act 1991; |
|
77) Dangerous Substances and Explosive Atmospheres Regulations 2002; |
|
78) Dangerous Wild Animals Act 1976; |
|
79) Deregulation Act 2015; |
|
80) Detergents Regulations 2010; |
|
81) Disability Discrimination Act 1995; |
|
82) Disabled Person Parking Badges Act 2013; |
|
83) Diseases of Swine Regulations 2014; |
|
84) Dogs (Fouling of Land) Act 1996; |
|
85) Dogs Acts 1871 and 1906; |
|
86) EC Fertilisers (England and Wales) Regulations 2006; |
|
87) Education Reform Act 1988; |
|
88) Egg Products Regulations 1993; |
|
89) Eggs and Chicks (England) Regulations 2009; |
|
90) Electrical Equipment (Safety) Regulations 2016; |
|
91) Electromagnetic Compatibility Regulations 2016; |
|
92) Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015; |
|
93) Energy Information Regulations 2011; |
|
94) Energy Information Regulations 2011; |
|
95) Energy Performance of Buildings (England and Wales) Regulations 2012; |
|
96) Energy Performance of Buildings (England and Wales) Regulations 2012; |
|
97) Enterprise Act 2002; |
|
98) Environment Act 1995 and 2021; |
|
99) Environmental Protection (Microbeads)(England) Regulations 2017; |
|
100) Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020; |
|
101) Environmental Protection Act 1990; |
|
102) Equality Act 2010; |
|
103) Equine Identification (England) Regulations 2018; |
|
104) Estate Agents Act 1979; |
|
105) European Union (Withdrawal) Act 2018 as it continues to give effect to the following Regulations or Orders under which this local authority has an enforcement duty: |
|
106) Explosives (Age of Purchase etc) Act 1976; |
|
107) Explosives Acts 1875 and 1925; |
|
108) Explosives Regulations 2014; |
|
109) Factories Act 1961; |
|
110) Farm and Garden Chemicals Act 1967; |
|
111) Financial Services (Distance Marketing) Regulations 2004; |
|
112) Fire Precautions Act 1971; |
|
113) Fire Safety and Safety of Places of Sport Act 1987; |
|
114) Firearms Act 1968; |
|
115) Fireworks Act 2003; |
|
116) Fluorinated Greenhouse Gases Regulations 2015; |
|
117) Food (Promotion and Placement) (England) Regulations 2021; |
|
118) Food Act 1984; |
|
119) Food and Environment Protection Act 1985 [Note: Authorisation must be issued directly to the officer by the FSA.]; |
|
120) Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020; |
|
121) Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016; |
|
122) Food Information Regulations 2014; |
|
123) Food Premises (Registration) Regulations 1991; |
|
124) Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998; |
|
125) Food Safety (General Food Hygiene) Regulations 1995; |
|
126) Food Safety Act 1990; |
|
127) Food Safety and Hygiene (England) Regulations 2013; |
|
128) Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006; |
|
129) Footwear (Indication of Composition) Labelling Regulations 1995; |
|
130) Forgery and Counterfeiting Act 1981; |
|
131) Fraud Act 2006; |
|
132) Gambling Act 2005; |
|
133) Game Act 1831; |
|
134) Game Licensing Act 1860; |
|
135) Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018; |
|
136) General Product Safety Regulations 2005; |
|
137) Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004; |
|
138) Hallmarking Act 1973; |
|
139) Health Act 2006; |
|
140) Health and Safety at Work etc Act 1974; |
|
141) Highways Act 1980; |
|
142) House to House Collections Act 1939; |
|
143) Hypnotism Act 1952; |
|
144) Intoxicating Substances (Supply) Act 1985; |
|
145) Knives Act 1997; |
|
146) Land Drainage Act 1991; |
|
147) Late Night Refreshment Houses Act 1969; |
|
148) Legal Services Act 2007; |
|
149) Licensing Act 2003; |
|
150) Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018; |
|
151) Local Government (Miscellaneous Provisions) Acts 1976 and 1982; |
|
152) Local Government Acts 1874, 1972, 2000, and 2003; |
|
153) Lotteries and Amusements Act 1976; |
|
154) Magistrates Court Act 1980; |
|
155) Materials and Articles in Contact with Food (England) Regulations 2012; |
|
156) Measuring Container Bottles (EEC Requirements) Regulations 1977; |
|
157) Measuring Instruments Regulations 2016; |
|
158) Meat Products (Hygiene) Regulations 1994; |
|
159) Medicines and Medical Devices Act 2021; |
|
160) Minced Meat and Meat Preparations (Hygiene) Regulations 1995; |
|
161) Money Laundering Regulations 2007; |
|
162) Motor Cycle Noise Act 1987; |
|
163) National Assistance Act 1948; |
|
164) Noise Act 1996; |
|
165) Noise and Statutory Nuisance Act 1993; |
|
166) Non-automatic Weighing Instruments Regulations 2016; |
|
167) Novel Foods (England) Regulations 2018; |
|
168) Nurses Agencies Act 1957; |
|
169) Offensive Weapons Act 2019; |
|
170) Office Shops and Railway Premises Act 1963; |
|
171) Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019; |
|
172) Official Feed and Food Controls (England) Regulations 2009 insofar as it relates to feed law; |
|
173) Official Feed and Food Controls (England) Regulations 2009 insofar as it relates to food law; |
|
174) Olive Oil (Marketing Standards) Regulations 2014; |
|
175) Olympic Symbol etc. (Protection) Act 1995; |
|
176) Organic Products Regulations 2009; |
|
177) Ozone-Depleting Substances Regulations 2015; |
|
178) Package Travel and Linked Travel Arrangements Regulations 2018; |
|
179) Packaging (Essential Requirements) Regulations 2015; |
|
180) Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001; |
|
181) Performing Animals (Regulation) Act 1925; |
|
182) Personal Protective Equipment (Enforcement) Regulations 2018; |
|
183) Pet Animals Act 1951; |
|
184) Petroleum (Consolidation) Act 1928; |
|
185) Petroleum (Consolidation) Regulations 2014; |
|
186) Petroleum (Transfer of Licences) Act 1936; |
|
187) Pigs (Records, Identification and Movement) Order 1995; |
|
188) Poisons Act 1972; |
|
189) Police, Factories etc. (Miscellaneous Provisions) Act 1916; |
|
190) Pollution Prevention and Control Act 1999; |
|
191) Poultry meat (England) Regulations 2011; |
|
192) Pressure Equipment (Safety) Regulations 2016; |
|
193) Prevention of Damage by Pests Act 1949; |
|
194) Price Marking Order 2004; |
|
195) Prices Acts 1974 and 1975; |
|
196) Proceeds of Crime Act 2002; |
|
197) Products of Animal Origin (Disease Control) (England) Regulations 2008; |
|
198) Protection of Animals Act 1911, Protection of Animals (Amendment) Act 1954; |
|
199) Psychoactive Substances Act 2016; |
|
200) Public Health (Control of Disease) Act 1984; |
|
201) Public Health Act 1875; |
|
202) Public Health Acts 1936 and 1961; |
|
203) Public Health Acts Amendment Act 1907; |
|
204) Pyrotechnic Articles (Safety) Regulations 2015; |
|
205) Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018; |
|
206) Quick-frozen Foodstuffs (England) Regulations 2007; |
|
207) Radio Equipment Regulations 2017; |
|
208) REACH Enforcement Regulations 2008; |
|
209) Recreational Craft Regulations 2017; |
|
210) Redress Schemes for Letting Agencies Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014; |
|
211) Refuse Disposal (Amenity) Act 1978; |
|
212) Registered Designs Act 1949; |
|
213) Registration of Establishments (Laying Hens) (England) Regulations 2003; |
|
214) Regulatory Enforcement Sanctions Act 2008; |
|
215) Regulatory Reform (Fire Safety) Order 2005; |
|
216) Reservoirs Act 1975; |
|
217) Riding Establishments Acts 1964 and 1970; |
|
218) Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013; |
|
219) Road Traffic (Foreign Vehicles) Act 1972; |
|
220) Road Traffic (Vehicle Emission) (Fixed Penalty) (England) Regulations 2002; |
|
221) Road Traffic Acts 1988 and 1991; |
|
222) Safety of Sports Grounds Act 1975; |
|
223) Scotch Whisky Act 1988; |
|
224) Scotch Whisky Regulations 2009; |
|
225) Scrap Metal Act 2013; |
|
226) Simple Pressure Vessels (Safety) Regulations 2016; |
|
227) Single Use Carrier Bags Charges (England) Order 2015; |
|
228) Slaughterhouses Act 1974; |
|
229) Solicitors Act 1974; |
|
230) Specified Products from China (Restrictions on First Placing on the Market) (England) Regulations 2008; |
|
231) Spirit Drinks Regulations 2008; |
|
232) Sunbeds (Regulation) Act 2010; |
|
233) Sunday Trading Act 1994; |
|
234) Supply of Machinery (Safety) Regulations 2008; |
|
235) Telecommunications Act 1984; |
|
236) Tenant Fees Act 2019 and the Housing and Planning Act 2016 as it relates to Client Money Protection Schemes; |
|
237) Textile Products (Labelling and Fibre Composition) Regulations 2012; |
|
238) Theatres Act 1968; |
|
239) Theft Act 1968; |
|
240) Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010; |
|
241) Tobacco Advertising and Promotion Act 2002; |
|
242) Tobacco and Related Products Regulations 2016; |
|
243) Town and Country Planning (Churches and Places of Religious Worship and Burial Grounds) Regulations 1950 |
|
244) Town and County Planning Act 1990 (as amended); |
|
245) Town Police Clauses Acts 1847 and 1889; |
|
246) Toys (Safety) Regulations 2011; |
|
247) Trade Descriptions Act 1968; |
|
248) Trade in Animals and Related Products Regulations 2011; |
|
249) Trademarks Act 1994; |
|
250) Trading Representations (Disabled Persons) Act 1958; |
|
251) Traffic Management Act 2004; |
|
252) Transmissible Spongiform Encephalopathies (England) Regulations 2018; |
|
253) Transport Act 1985 and 1991; |
|
254) Unsolicited Goods and Services Acts 1971 and 1975; |
|
255) Vehicles (Crime) Act 2001; |
|
256) Veterinary Medicines Regulations 2013; |
|
257) Video Recordings Acts 1984 and 2010; |
|
258) Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012; |
|
259) Water Industry Act 1991; |
|
260) Weights & Measures (Packaged Goods) Regulations 2006; |
|
261) Weights and Measures Act 1985; |
|
262) Welfare of Animals (Transport) (England) Order 2006; |
|
263) Welfare of Animals at Time of Killing (England) Regulations 2015; |
|
264) Wine Regulations 2011; |
|
265) Worship and Burial Grounds Regulations 1950; |
|
266) Zoo Licensing Act 1981; |
|
267) Zoonoses (Monitoring) (England) Regulations 2007. |
b) together with:
1) any Orders or Regulations made thereunder or relating to any of the foregoing or having effect by virtue of the European Union (Withdrawal Agreement) Act 2020;
2) any byelaws in relation to the foregoing;
3) any offence under any legislation, or at common law, which is of a similar nature or related to the foregoing, including offences of aiding, abetting, counselling, and procuring, incitement, conspiracy, perverting the course of justice and criminal attempts;
4) any modification or re-enactment to the foregoing.
Director of City
Development
124. The Director of City Development may exercise all powers for council services which fall within the remit of this Department, the Directorate of Housing and Community Services, or the Directorate of Environmental and Regulatory Services, and shall be responsible as strategic lead for all aspects of the development and subsequent implementation of a Local Plan for York in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended). This includes the provision of support to the Local Plan Working Group.
125. To operate the service within the scope of the provisions listed below.
a) Economic Development (including Economic Strategy) and Tourism activity under the Small Business, Enterprise and Employment Act 2015;
b) Business Engagement;
c) Regeneration including Major Projects delivery activity under the following Acts:
1) Health & Safety at Work etc. Act 1974;
2) The Construction (Design and Management) Regulations 2015.
Chief Officer HR & Support Services
126. The functions of the Chief Officer HR & Support Services are set out below:
a) To develop review and monitor personnel policy and standards across the Council;
b) To advise on cases of voluntary redundancy, compulsory redundancy, dismissal and early retirement and other such employment related activities;
c) To establish and maintain effective consultation and negotiation arrangements with recognised Trade Unions;
d) To develop, review and monitor Employment Policy in relation to Equality of Opportunity;
e) To approve the implementation of grades resulting from the job evaluation process;
f) To negotiate all changes to terms and conditions of employment, such changes to be subject to approval from the Head of Paid Service where there is a cost of more than £150,000;
g) To negotiate and approve changes to terms and conditions of employment where there is a cost of less than £150,000;
h) Preparation of the Annual Pay Policy including its implementation and any subsequent amendments required in line with national standards/guidance. Approval of any annual increase to the salary scales is in accordance with awards negotiated nationally by the respective National Joint Councils and applicable from 1st April annually. Progression through the salary scale for the Head of Paid Service is dependent upon performance and approval by the Leader of the Council;
i) Health, Safety and Wellbeing of Workforce in consultation with the Head of Paid Service, to take all steps necessary to promote the health, safety, and wellbeing of the workforce;
j) Drawing up and implementing corporate policies on performance management
k) Management of the Council’s support services function, including lawfully sharing and receiving information, and the provision of administrative duties, which may include providing advice and assistance (for which a charge may be made).
Staffing Conditions
127. Following consultation with the Head of Paid Service, the Corporate Directors, Directors, and Assistant Directors (who report directly to the Head of Paid Service) will be responsible for appointing, managing, disciplining, and dismissing all employees (excluding chief officers) within their Departments subject to complying with:
a) Corporate Employment Policies and Conditions of Service;
b) Any appropriate schemes or arrangements laid down by the Council or the Executive;
c) Any directions that may be issued from time to time by the Monitoring Officer The Officer Employment Procedure Rules at Appendix 12 of this Constitution.
128. The following matters:
a) Departmental Monitoring of Equal Opportunities, attendance, ill health retirement etc.;
b) Implementation of Workforce Development Plans;
c) Temporary Secondments and similar arrangements in accordance with the Council’s policies and procedures;
d) Appeals against discipline, grievance etc.;
e) Ill health retirements within Policy;
f) Work experience placements;
g) Secondary employment;
h) Reviewing and authorising changes to departmental structures and establishments;
i) Authorising overtime payments for employees not otherwise entitled;
j) Authorising the creation of additional temporary posts where budgetary provision exists, following formal evaluation of posts;
k) Paying compensation to employees for pain and suffering incurred by them as a result of assault and or harassment and/attacked by animals whilst undertaking their duties and responsibilities;
l) Authorising the payment of injury allowances;
m) Allocating relocation allowances;
n) Reviewing the progression through the salary scale for Chief Officers, which is dependent upon performance and achievements of objectives, approved by the line manager;
o) Authorising market supplements for roles following formal evaluation and assessment.
Specific approvals for employee exit and special severance payment
|
Item |
Authorisation by |
Staffing Matters Urgency role |
Information given to meeting |
|
Standard compulsory redundancy |
Directorate Management Team & Section 151 Officer |
For noting |
Annual summary report |
|
Voluntary redundancy |
Directorate Management Team & Section 151 Officer |
For noting |
Annual summary report |
|
Compulsory redundancy after 55 and before normal pension age |
Directorate Management Team & Section 151 Officer |
For noting |
Annual summary report |
|
Flexible retirement |
For Chief Officers - Staffing Matters Urgency
All other staff - Directorate Management Team & Section 151 Officer
|
Approval
For noting |
Report
Annual summary report |
|
Special Severance Payments (as per Exit Strategies: Guidance on the use of Settlement Agreements including Special Severance Payments) |
For Head of Paid Service – Monitoring Officer & Section 151 Officer
For Monitoring Officer – Section 151 Officer & Head of Paid Service
For Section 151 Officer – Monitoring Officer & Head of Paid Service
Other Chief Officers – Head of Paid Service, Section 151 Officer & Monitoring Officer
All other staff – Chief Officers, Head of Paid Service, Section 151 Officer & Monitoring Officer |
Approval
Approval
Approval
Approval
Noting |
Report
Report
Report
Report
Annual summary report |
129. To be responsible for the preparation, maintenance, monitoring, review, and implementation of the Council’s Information Technology Strategy, which embraces the Council’s Information Security Policy.
130. To be responsible for the delivery of the Business Support function including the payroll, pensions and creditors financial systems operating within related policies and statutory requirements.
Chief Strategy Officer
131. The functions of the Chief Strategy Officer are set out below:
(a) Managing corporate consultation and communication policies and initiatives; and
(b) Preparing and publicising the council's national performance indicators.
Statutory
Scrutiny Officer
132.
The
statutory scrutiny officer cannot be the Head of Paid Service, the
Section 151 Officer, or the Monitoring Officer.
133.
The
Council has appointed the Head of Democratic Services as the
Statutory Scrutiny Officer.
134. The functions of the statutory scrutiny officer are:
a) to promote the role of the authority's scrutiny committee or committees;
b) to provide support to the authority's scrutiny committee or committees and the members of that committee or those committees;
c) to provide support and guidance to:
1) members of the authority,
2) members of the executive of the authority, and
3) officers of the authority,
in relation to
the functions of the authority's scrutiny committee or
committees.
Chief Planning Officer
135.
The
Head of Planning and Development Control will be designated as the
council’s Chief Planning Officer.
136. The Chief Planning Officer is authorised (save where the Leader or relevant Portfolio Holder has directed, or the Chief Officer considers, that the matter should be referred to the Executive for consideration) to discharge the following functions in relation to the authority's role as Local Planning Authority including:
a) Development Plan Functions including preparation, monitoring, and review of the Development Plan (including the core strategy, site allocation plan, action plan and waste development plan);
b) Planning policy and guidance functions including the preparation, monitoring, review and adoption of other planning policy and guidance notes (including supplementary planning documents);
c) Neighbourhood Planning Functions;
d) Conservation Area Functions including designation and review of Conservation Area appraisals and management plans.
137. The Chief Planning Officer's delegations do not cover those functions delegated to the Director of Environment, Transport and Planning.
Head of Communications
138. Duty to “warn and inform” as category 1 responder assigned in the Civil Contingencies Act 2004.
Proper Officer Functions
Meaning of Proper Officer Functions
139.
Certain
legislation requires the Council to designate a particular Officer
as “Proper Officer” for the performance of certain
functions.
140.
The
following officers are designated to perform the functions of
Proper Officer in relation to the matters set out below in the
following tables.
141. The Monitoring Officer will:
a) act as authorised or proper officer for the purposes of any Act of Parliament or Statutory Instrument where qualified to do so and no other Officer has been appointed;
b) appoint officers to act as authorised/proper Officers for the purposes of any Act of Parliament or Statutory Instrument.
|
Local Government Act 1972 |
|||
|
|
|
|
|
|
Section |
Duties |
Proper Officer |
|
|
1 |
42 |
To receive notice in writing of a request for an election on casual vacancy occurring in the office of a Parish Councillor. |
Head of Paid Service |
|
2 |
83 (1) |
To receive the declaration of acceptance of office by the Lord Mayor, Deputy Lord Mayor, Sheriff or Councillor of the Council. |
The Monitoring Officer or in their absence the Head of Democratic Governance. |
|
3 |
83 (3) |
To witness the declaration of acceptance of office by the Lord Mayor, Deputy Lord Mayor, Sheriff or Councillor of the Council. |
The Monitoring Officer or in their absence the Head of Democratic Governance. |
|
4 |
84 |
To receive written notice of resignation from any person elected to an office under the Local Government Act 1972. |
The Monitoring Officer or in their absence the Head of Democratic Governance. |
|
5 |
88 (2) |
To convene a meeting of the Council for the election of Lord Mayor of the Council on a casual vacancy occurring. |
Head of Paid Service or in their absence the Monitoring Officer |
|
6 |
89 (1) (b) |
To receive written notice of a casual vacancy in the office of a Councillor from two local government electors. |
The Monitoring Officer or in their absence the Head of Democratic Governance. |
|
|
Section 100C (2) |
Making (without disclosing exempt information) a written summary to provide members of the public with a reasonable, fair and coherent record of the whole or part of the proceedings where part of the minutes of the meeting are not open to the public because they disclose exempt information |
The Monitoring Officer or in their absence the Head of Democratic Governance. |
|
|
Section 100D |
Compilation of lists of background papers and identification of background papers |
Head of Paid Service and Corporate Directors (each Corporate Director for their service reports), Directors |
|
|
Section 100D |
Papers not open to inspection by Members |
The Head of Paid Service and the Monitoring Officer |
|
7 |
146 (1)(a) (re: transfer of securities of a company in the name of a local authority) |
To make statutory declarations as to the securities and the change of name and identity of an authority on the transfer of those securities into the new name of the authority |
The Monitoring Officer or in their absence a solicitor nominated by the Monitoring Officer. |
|
8 |
146(1)(b) (re: transfer of securities of a company in the name of a local authority) |
To give a certificate confirming that a local authority has become entitled to securities, dividends or interest standing in the name of the name of another local authority. |
The Monitoring Officer or in their absence a solicitor nominated by the Monitoring Officer. |
|
9 |
151 |
Officer responsible for the proper administration of financial affairs. |
Section 151 Officer (Director of Finance) |
|
10 |
191 (2) |
To receive applications concerning surveying under section 1 of the Ordnance Survey Act 1841. |
Director of Transport, Environment & Planning. |
|
11 |
210 (6) and (7) |
Duties relating to charities. |
Section 151 Officer |
|
12 |
225 (1) |
To receive and retain such documents deposited with the Local Authority pursuant to the Standing Orders of either House of Parliament |
The Monitoring Officer |
|
13 |
229 (5) |
To give a certificate in legal proceedings that a document is a photographic copy of a document or any part of a document which is in the custody of, or has been destroyed while in the custody of, a Local Authority. |
The Monitoring Officer or in their absence a solicitor nominated by the Monitoring Officer. |
|
14 |
234 (1) |
To sign on behalf of the Authority any notice, order or other document which the Authority is authorised or required to authorise or required to give, make or issue. |
The Monitoring Officer or in their absence a solicitor nominated by the Monitoring Officer. |
|
15 |
238 |
To sign a certificate endorsed on a printed copy of any byelaws (relating to the authenticity of the byelaws). |
The Monitoring Officer or in their absence a solicitor nominated by the Monitoring Officer. |
|
16 |
Schedule 12 Para 4 |
To receive written notice from a Member that the summons to a meeting of the Council shall be sent to some other address other than their place of residence. |
The Monitoring Officer or in their absence the Head of Democratic Governance. |
|
17 |
Schedule 14 |
To certify resolutions of the Council under Public Health Acts 1875-1925. |
The Monitoring Officer |
|
18 |
Schedule16 (28) |
To receive on deposit lists of buildings of special architectural or historic interest under section 54 (4) of the Town & Country Planning Act. |
Director of Transport, Environment & Planning |
|
19 |
Schedule 29 Para 41 (3) |
Substitution of Proper Officer for Clerk of Council in section 9 (1) of Registration Services Act 1953- the determination of a Deputy to become Interim Superintendent Registrar or Interim Registrar of births and deaths if the latter ceases to hold office. |
Director of Housing & Communities |
|
20 |
Schedule 29 Para 41 (4) |
Substitution of Proper Officer for Clerk of Council. 1. In section 9 (2) of Registration Service Act 1953-appointment of Interim Superintendent Registrar or Registrar of births and death were no Deputy. 2. In section 13 (2) (h) details of running of service hours in business Superintendent Registrars. 3. In section 13 (3) (b) general supervisory powers over administration of Registration Service Act. |
Director of Housing & Communities |
|
21 |
Schedule 29 Para 41 (5) |
Substitution of Proper Officer for Clerk of Council in section 20 (b) of Registration Service Act 1953-prescription of duties in regulation of Clerks of Council under Registration Acts. |
Director of Housing & Communities |
|
22 |
Section 100 b (2) |
Excluding from inspection by Members of the public, the whole or part of any report which in their opinion is likely to be excluded from consideration in public at a Council, Executive, Committee, or Sub-Committee meeting. |
The Monitoring Officer or in their absence the Head of Democratic Governance. |
|
23 |
Section 100 B (7) |
Deciding whether or not a newspaper should be supplied with copies of any documents supplied to a Member of the Council other than the agenda, report and statement, or particulars indicating the nature of the agenda items. |
The Monitoring Officer or in their absence the Head of Democratic Governance. |
|
The Highways Act 1980 |
|||
|
|
|
|
|
|
Section |
Duties |
Proper Officer |
|
|
Section 205 (5) (re: private street works) |
To certify a copy of the resolution of the Local Authority approving the specifications, estimates and apportionment and a copy of those documents for keeping on deposit open to public inspection. |
The Monitoring Officer or in their absence a solicitor nominated by the Monitoring Officer. |
|
|
2 |
Section 210 (2) (re: private street works) |
To certify a document giving details of the amendment of any estimate and consequential amendment of any apportionment for keeping on deposit open to public inspection. |
The Monitoring Officer or in their absence a solicitor nominated by the Monitoring Officer. |
Statutory non-executive functions, regulatory and other non-executive functions
140.
The
following functions are either the responsibility of the
responsible body named in the second column or the responsible
officer named in the third column.
141. The responsible Officer will exercise the functions for all matters which fall outside of the Scheme of Delegations aforementioned in this constitution.
KEY
Responsible
bodies
Planning Committee (PC),
Licensing & Regulatory Committee and any related sub-committees (LRC),
Audit & Governance Committee (A&G),
Executive (EX)
Responsible
officers
Head of Paid Service (HoPS)
Corporate Director of Children & Education (CDCE)
Corporate Director of Adult Social Care & Integration (CDASCI)
Monitoring Officer (MO)
Section 151 Officer (S151)
Director Public Health (DPH)
Director of Environment and Regulatory Services (DERS)
Director of Housing & Communities (DHC)
Director of City Development (DCD)
Chief Officer – HR & Support Services (COHRSS)
NON-EXECUTIVE FUNCTIONS
|
|
Planning and Development Control Functions |
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible body |
Responsible officer |
|
1 |
Power to determine application for planning permission |
PC |
DERS |
|
1a |
Power to determine planning contributions under section 106 of the Town and Country Planning Act 1990 |
PC |
DERS |
|
2 |
Power to determine applications to develop land without compliance with conditions previously attached |
PC |
DERS |
|
3 |
Power to grant planning permission for development already carried out |
PC |
DERS |
|
4 |
Power to decline to determine application for planning permission |
PC |
DERS |
|
5 |
Duties relating to the making of determinations of planning Applications |
- |
DERS |
|
6 |
Power to determine applications for planning permission made by a local authority, alone or jointly with another |
PC |
DERS |
|
7 |
Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights |
- |
DERS |
|
Ref |
Function |
Responsible body |
Responsible officer |
|
8 |
Power to enter into agreement regulating development or use of land |
- |
DERS following consultation with Chair and Vice Chair of PC |
|
9 |
Power to issue a certificate of existing or proposed lawful use or development |
- |
DERS |
|
9a |
As per 9, but specifically in relation to existing use or redevelopment |
- |
DERS |
|
10 |
Power to serve a completion notice |
|
DERS following consultation with DG |
|
11 |
Power to grant consent for display of advertisements |
PC |
DERS |
|
12 |
Power to authorise entry on to land |
- |
DERS |
|
13 |
Power to require discontinuance of land |
PC |
- |
|
14 |
Power to serve a planning contravention notice, breach of condition notice or stop notice |
- |
DERS following consultation with DG |
|
14a |
Power to issue a temporary stop notice |
PC |
DERS |
|
15 |
Power to issue an enforcement notice |
- |
DERS following consultation with DG |
|
16 |
Power to apply for an injunction restraining a breach of planning control |
- |
DERS following consultation with DG |
|
17 |
Power to determine applications for hazardous substances consent, and related powers |
PC |
DERS |
|
Ref |
Function |
Responsible body |
Responsible Officer |
|
18 |
Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites or mineral permissions relating or mining sites, as the case may be, are to be subject |
PC |
DERS |
|
19 |
Power to require proper maintenance of land |
- |
DERS |
|
20 |
Power to determine application for listed building consent, and related powers |
PC |
DERS |
|
21 |
Power to determine applications for conservation area consent |
PC |
DERS |
|
22 |
Duties relating to applications for listed building consent and conservation area consent |
- |
DERS |
|
23 |
Power to serve a building preservation notice and related power |
- |
DERS following consultation with MO |
|
24 |
Power to issue enforcement notice in relation to demolition of unlisted building in conservation area |
- |
DERS following consultation with MO |
|
25 |
Power to acquire a listed building in need of repair and to serve a repairs notice |
- |
DERS following consultation with MO |
|
26 |
Power to apply for an injunction in relation to a listed building |
- |
DERS following consultation with MO |
|
27 |
Power to execute urgent works |
- |
DERS |
|
|
|
|
|
|
|
Licensing and Registration Functions |
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible body |
Responsible Officer |
|
1 |
Power to issue licences authorising the use of land as a caravan site |
LRC |
DERS |
|
2 |
Power to license the use of moveable dwellings and camping sites |
LRC |
DERS |
|
3 |
Power to license Hackney Carriages and private hire vehicles |
LRC |
DERS |
|
4 |
Power to license drivers of Hackney Carriages and private hire vehicles |
LRC |
DERS |
|
5 |
Power to license operators of Hackney Carriages and private hire vehicles |
LRC |
DERS |
|
7 |
Power to issue licenses in respect of premises where gambling takes place in accordance with the Gambling Act 2005 |
LRC |
DERS following consultation with DPH |
|
8 |
Power to issue permits in respect of premises where gambling takes place in accordance with the Gambling Act 2005 |
LRC |
DERS following consultation with DPH |
|
9 |
Power to issue licenses in respect of premises where activities take place in accordance with the Licensing Act 2003 |
LRC |
DERS following consultation with DPH |
|
10a |
1) Functions relating to determining licensing policy and establishing licensing committees under sections 5 and 6 of the Licensing Act |
Council |
- |
|
|
2) Functions relating to the discharge of the council’s licensing functions under section 7 of the Licensing Act 2003 |
LRC |
DERS following consultation with DPH |
|
|
3) Functions relating to keeping a register of licensed premises under section 8 of the Licensing Act 2003 |
- |
DERS following consultation with DPH |
|
Ref |
Function |
Responsible body |
Responsible Officer |
|
|
4) Power to determine applications under the Minor Variations Procedure, Licensing Act 2003 |
- |
DERS following consultation with DPH |
|
10b |
Power to resolve not to issue a casino premises licence |
LRC |
DERS following consultation with DPH |
|
10c |
Power to designate officer of a licensing authority as an authorised person for a purpose relating to premises under Section 304 of the Gambling Act 2005 |
- |
DERS |
|
10d |
Power to institute criminal proceedings for offences under Section 342 of the Gambling Act 2005 |
- |
DERS |
|
10e |
Power to exchange information in accordance with Section 350 of the Gambling Act 2005 |
- |
DERS |
|
10f |
Function relating to the determination of fees for premises licences under the Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 |
LRC |
DERS |
|
11 |
Power to license sex shops and sex cinemas, other sex establishments and sexual entertainment venues |
LRC |
DERS |
|
12 |
Power to license performances of hypnotism |
LRC |
DERS |
|
13 |
Power to register premises for acupuncture, tattooing, cosmetic body piercing, electrolysis, and semi-permanent skin colouring |
LRC |
DERS following consultation with DPH |
|
14 |
Power to license pleasure boats and pleasure vessels |
- |
DERS |
|
15 |
Power to issue consents for Street Trading |
LRC |
DERS |
|
16 |
Power to license dealers in game and the killing and selling of game |
LRC |
DERS |
|
Ref |
Function |
Responsible body |
Responsible Officer |
|
17 |
Power to license and register premises for the preparation of food |
LRC |
DERS |
|
18 |
Power to license scrap metal dealers |
LRC |
DERS |
|
19 |
Power to issue, amend or replace safety certificates (whether general or special) for sports grounds |
- |
DERS following consultation with DPH |
|
20 |
Power to issue, cancel, amend, or replace safety certificates for regulated stands of sports grounds |
- |
DERS following consultation with DPH |
|
21 |
Power to issue fire certificates |
N/A |
DERS |
|
22 |
Power to license businesses involving animal licensable activities under the Animal Welfare Act 2006 |
- |
DERS |
|
23 |
Power to license zoos |
LRC |
DERS |
|
24 |
Power to license dangerous wild animals |
LRC |
DERS |
|
25 |
Power to license knackers yards |
LRC |
DERS |
|
26 |
Power to license the employment of children |
LRC |
DERS in conjunction with CDCE |
|
27 |
Power to approve premises for the solemnisation of marriages |
- |
DHC |
|
28 |
Power to register common land or town or village greens |
LRC |
DERS |
|
29 |
Power to register variations of rights of common |
LRC |
DERS |
|
30 |
Power to license persons to collect for charitable and other causes |
LRC |
DERS |
|
31 |
Power to grant consent to use a loudspeaker |
- |
DERS |
|
32 |
Power to grant a street works licence |
PC |
DERS |
|
33 |
Power to license agencies for the supply of nurses |
N/A |
DERS in conjunction with DPH |
|
34 |
Power to issue license for the movement of pigs |
LRC |
DERS |
|
Ref |
Function |
Responsible body |
Responsible Officer |
|
35 |
Power to license the sale of pigs |
LRC |
DERS |
|
36 |
Power to license collecting centres for the movement of pigs |
LRC |
DERS |
|
37 |
Power to issue a license to move cattle from a market |
LRC |
DERS |
|
38 |
Power to grant permission for provision of services, amenities, recreation and refreshment facilities on highway, and related powers |
PC |
DERS |
|
39 |
Power to permit deposit of builder’s skips on highways |
- |
DERS |
|
40 |
Duty to publish notice in respect of proposal to grant permission under 115E of the Highways Act 1980 |
PC |
DERS |
|
41 |
Power to license planting, retention, and maintenance of trees etc in part of the highway |
PC |
DERS |
|
42 |
Power to authorise erection of stiles etc on footpaths or bridle ways |
PC |
DERS |
|
43 |
Power to license works in relation to buildings etc which obstruct the highway |
PC |
DERS |
|
44 |
Power to consent to temporary deposits or excavations in streets |
PC |
DERS |
|
45 |
Power to dispense with obligation to erect hoarding or fencing |
PC |
DERS |
|
46 |
Power to restrict the placing of rails, beams etc over the highway |
PC |
DERS |
|
47 |
Power to consent to construction of cellars etc under streets |
PC |
DERS |
|
48 |
Power to consent to the making of openings into cellars etc under streets, and pavement lights and ventilators |
- |
DERS |
|
49 |
Power to issue licences to retail butchers carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready to eat Foods |
- |
DERS |
|
Ref |
Function |
Responsible body |
Responsible Officer |
|
50 |
Power to approve wholesale food businesses supplying food of animal origin |
- |
DERS |
|
51 |
Duty to keep a register of food business premises |
- |
DERS |
|
52 |
Power to register food business premises |
- |
DERS |
|
|
Functions Relating to Health and Safety at Work |
|
|
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
|
1 |
Functions under any of the relevant statutory provisions within the meaning of part 1 of the Health and Safety at Work Act 1974, other than those discharged in the council’s capacity as an employer |
- |
COHRSS in conjunction with HoPS |
|
|
|
|
|
|
|
|
|
Functions Relating to the Elections |
|
|
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
|
1 |
Duty to appoint an electoral registration officer |
Council |
HoPS |
|
|
2 |
Power to assign officers in relation to requisitions of the electoral registration officer |
- |
HoPS |
|
|
3 |
Functions in relation to parishes and parish councils |
Council |
MO |
|
|
4 |
Power to dissolve small parish councils |
Council |
MO |
|
|
5 |
Power to make orders for grouping parishes, dissolving groups and separating parishes from groups |
Council |
MO |
|
|
6 |
Duty to appoint returning officer for local elections and (acting) returning officer for parliamentary elections |
Council |
HoPS |
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
|
7 |
Duty to divide constituency into polling districts |
Council |
HoPS |
|
|
8 |
Power to divide wards into polling districts at local government elections |
Council |
HoPS |
|
|
9 |
Power to approve polling places for polling districts |
- |
HoPS |
|
|
10 |
Powers in respect of holding elections (parish councils) |
- |
HoPS |
|
|
11 |
Power to pay expenses properly incurred by electoral registration officers |
- |
HoPS |
|
|
12 |
Power to fill temporary vacancies in the event of insufficient nominations (parish councils) |
N/A |
HoPS |
|
|
13 |
Duty to declare vacancy in office in certain cases |
- |
MO |
|
|
14 |
Duty to give public notice of casual vacancy |
- |
MO |
|
|
15 |
Power to make temporary appointments to parish councils |
N/A |
MO |
|
|
16 |
Power to determine fees and conditions for supply of copies of, or extracts from, elections documents |
- |
HoPS |
|
|
17 |
Power to submit proposals to the Secretary of State for an order under Section 10 (Pilot Schemes for local elections in England and Wales, of the representation of the People Act 2000) |
Council |
HoPS |
|
|
|
|
|
|
|
|
|
Functions Relating to Name and Status of Areas and Individuals |
|
|
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
|
1 |
Power to change the name of the city |
Council |
HoPS in conjunction with MO |
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
|
2 |
Power to change the name of a parish |
Council |
MO |
|
|
3 |
Power to confer title of honorary alderman or to admit to be an honorary freeman |
Council |
HoPS |
|
|
4 |
Power to petition for a charter to confer borough status |
N/A |
N/A |
|
|
|
|
|
|
|
|
|
Power to Make, Amend, Revoke, Re-enact or Enforce By Laws |
|
|
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
|
1 |
Power to make, amend, revoke, re-enact or enforce by laws |
Council |
MO |
|
|
|
|
|
|
|
|
|
Power to Promote or Oppose Local or Personal Bills |
|
|
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
|
1 |
Power to promote or oppose local or personal bills |
Council |
MO |
|
|
|
|
|
|
|
|
|
Functions Relating to Pensions |
|
|
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
|
1 |
Functions relating to local government pensions etc and key employer decisions |
N/A |
HoPS in consultation with COHRSS |
|
|
2 |
Functions under the fireman’s pension scheme |
N/A |
N/A |
|
|
|
|
|
|
|
|
|
Miscellaneous Functions |
|
|
|
|
|
|
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
1 |
Power to create footpaths and bridleways by agreement |
PC |
DERS |
|
2 |
Power to create footpaths and bridleways |
PC |
DERS |
|
3 |
Duty to keep register of information with respect to maps, statements and declarations |
- |
DERS |
|
4 |
Power to stop up footpaths and bridleways |
PC |
DERS |
|
|
|
|
|
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
5 |
Power to determine application for public path extinguishments order at request of owner where land is used for agricultural purposes |
PC |
DERS |
|
6 |
Power to make a rail crossing extinguishment order |
- |
DERS |
|
7 |
Power to make a special extinguishment order to prevent crime |
PC |
DERS following consultation with MO |
|
8 |
Power to divert footpaths and bridleways |
PC |
DERS |
|
9 |
Power to make a public path diversion order |
PC |
DERS |
|
10 |
Power to make a rail crossing diversion order |
PC |
DERS |
|
11 |
Power to make a special diversion order to prevent crime |
PC |
DERS following consultation with MO |
|
12 |
Power to require applicant for a special diversion order to enter into an agreement under section 119A of the Highways Act 1980 |
PC |
DERS following consultation with MO |
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
13 |
Power to make a SSSI diversion order |
PC |
DERS |
|
14 |
Duty to keep register with respect to applications under sections 118Z, 118C, 119ZA and 119C of the Highways Act 1980 |
- |
DERS |
|
15 |
Power to decline to determine certain applications under section 121C of the Highways Act 1980 |
PC |
DERS |
|
16 |
Duty to assert and protect rights of the public for use and enjoyment of the highway |
- |
DERS |
|
17 |
Duty to serve notice of proposed action in relation to an obstruction where a notice to remove the obstruction has been served on the council |
- |
DERS |
|
18 |
Power to apply for variation of an order requiring the council to remove an obstruction under section 130B of the Highways Act 1980 |
- |
DERS following consultation with MO |
|
19 |
Power to authorise temporary disturbance on surface of footpath or bridleway |
- |
DERS |
|
20 |
Power temporarily to divert footpath or bridleway |
- |
DERS |
|
21 |
Functions relating to the making good of damage and the removal of obstructions |
- |
DERS |
|
22 |
Powers related to the removal of things so deposited on the highways as to be a nuisance |
- |
DERS |
|
23 |
Power to extinguish certain public rights of way in connection with the compulsory purchase of land |
PC |
DERS |
|
24 |
Duty to keep a definitive map and statement under review |
- |
DERS |
|
25 |
Power to include modifications in other orders |
PC |
DERS |
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
26 |
Duty to keep register of prescribed information with respect to applications under section 53(5) of the Wildlife and Countryside act 1981 |
- |
DERS |
|
27 |
Duty to reclassify roads used as public paths |
- |
DERS |
|
28 |
Power to prepare map and statement by way of consolidation of definitive map and statement |
- |
DERS |
|
29 |
Power to designate footpath as cycle path |
PC |
DERS |
|
30 |
Power to extinguish public right of way over land acquired for clearance |
PC |
DERS |
|
30a |
Power to authorise stopping up of diversion on highway |
- |
DERS |
|
31 |
Power to authorise stopping up or diversion of footpath or bridleway |
PC |
DERS |
|
32 |
Power to extinguish public rights of way over land held for planning purposes |
PC |
DERS |
|
33 |
Power to enter into agreements with respect to means of access |
- |
DERS |
|
34 |
Power to provide access in absence of agreement |
PC |
DERS |
|
35 |
Functions relating to sea fisheries |
N/A |
N/A |
|
36 |
Power to make standing orders |
Council |
MO |
|
37 |
Power to appoint staff, and to determine the terms and conditions on which they hold office (including procedures for their dismissal) |
See relevant Articles and Appendices in this Constitution |
|
|
38 |
Power to make standing orders as to contracts |
Council |
DG |
|
39 |
Duty to make arrangements for proper administration of financial affairs etc |
A&G |
S151 |
|
40 |
Power to appoint proper officers for particular purposes under section 270(3) of the Local Government Act 1972 |
- |
MO |
|
41 |
Power to make a limestone pavement order |
PC |
DERS |
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
42 |
Power to make closing order with respect to take-away food shops |
- |
DERS |
|
43 |
Duty to designate officer as Head of Paid Service, and carry out the functions in section 4(1) of the Local Government and Housing Act 1989, |
Council |
MO |
|
44 |
Duty to designate officer to act as the Monitoring Officer, and to carry out the functions in section 5(1) of the Local Government and Housing Act 1989 |
Council |
HoPS |
|
44a |
Duty to provide staff etc to person nominated as Monitoring Officer and S151 Officer |
Council |
HoPS |
|
44b |
Powers relating to scrutiny committees (voting rights of co-opted members) |
Council |
MO |
|
45 |
Duty to approve the authority’s accounts, income and expenditure and balance sheet, or record of payments and receipts (as the case may be) |
A&G |
S151 |
|
46 |
Powers relating to the protection of important hedgerows |
PC |
DERS |
|
47 |
Powers relating to the preservation of trees |
PC |
DERS |
|
47a |
Power to deal with complaints arising from high hedges |
PC |
DERS |
|
48 |
Power to make payments or provide other benefits in cases of maladministration etc. |
- |
MO |
|
49 |
Power to issue Deprivations of Liberty authorisations |
- |
CDASCI in consultation with MO |
|
50 |
Appointment of an independent member of another authority’s Standards Committee, where necessary, because of a conflict of interest or non-availability, to serve as a temporary member of the Standards Committee. |
- |
MO |
|
Ref |
Function |
Responsible Body |
Responsible Officer |
|
51 |
Power to consult with North Yorkshire Police on closure orders (Anti-Social Behaviour Crime & Policing Act 2014) |
- |
DERS in consultation with MO |
|
52 |
Power to consult with North Yorkshire Police for the application of an injunction (Section 1 Anti-Social Behaviour Crime & Policing Act 2014) |
- |
DERS in consultation with MO |
|
53 |
Power to apply for a Drink Banning Order (Sections 1-5 and 9- 14 Violent Crime Reduction Act 2006) |
- |
DERS in consultation with MO |
|
54 |
Power to consult with North Yorkshire Police on the application for a Public Places Protection Order (Anti-Social Behaviour Crime & Policing Act 2014) |
- |
DERS in consultation with MO |
|
55 |
Power to authorise directed surveillance and the use of covert human intelligence sources as prescribed for the purposes of s30(1) of the Regulation of Investigatory Powers Act 2000. |
- |
MO |