HART DISTRICT COUNCIL
CONSTITUTION
Full Review May 2014
Version June 2017
CONTENTS
PART 1 SUMMARY AND EXPLANATION............................................................................ 3
PART 2 ARTICLES OF THE CONSTITUTION .................................................................. 8
Article 1 - The Constitution ................................................................................................................ 9
Article 2 - Members of the Council ................................................................................................ 11
Article 3 - The People of Hart and the Council ........................................................................... 13
Article 4 - The Full Council ............................................................................................................... 14
Article 5 - Chairing the Council ....................................................................................................... 16
Article 6 - Overview and Scrutiny Committee............................................................................. 17
Article 6A - Crime and Disorder functions .............................................................................. 20
Article 7 - The Cabinet ...................................................................................................................... 22
Article 8 - Committees of the Council........................................................................................... 25
Article 9A - The Standards Committee ......................................................................................... 26
Article 9B - The Audit Committee.................................................................................................. 28
Article 9C - Regulatory and Other Committees ......................................................................... 29
Article 9D - The Staffing Committee .............................................................................................. 30
Article 10 - Joint Arrangements ....................................................................................................... 31
Article 11 - Officers ............................................................................................................................ 33
Article 12 - Decision-making ............................................................................................................ 36
Article 13 - Finance, Contracts and Legal Matters ...................................................................... 39
Article 14 - Review and Revision of the Constitution ................................................................ 40
Article 15 - Suspension, Interpretation and Publication of the Constitution ........................ 41
Schedule 1: Description of Executive Arrangements ............................................................. 42
PART 3 RESPONSIBILITY FOR FUNCTIONS .................................................................. 43
Part 3A Council Functions ............................................................................................................... 44
Part 3B Delegation to Individual Cabinet Members ................................................................... 53
Part 3C Scheme of Delegation to Officers................................................................................... 58
PART 4 RULES OF PROCEDURE .......................................................................................... 111
Part 4.1 COUNCIL PROCEDURE RULES (STANDING ORDERS) .................................. 112
Part A – Council Meetings .......................................................................................................... 119
Part B – Committee Meetings.................................................................................................... 142
Part C - Miscellaneous ................................................................................................................ 152
Appendix 1 Member Substitution at Committees and Sub-Committees ....................... 155
Appendix 2 Council’s Scheme for Public Questions
Appendix 3 Hart District Council’s Petitions Scheme ........................................................ 158
Appendix 4 Practice Note For Formal Motions Requiring Notice .................................. 163
Part 4.2 ACCESS TO INFORMATION: PROCEDURE RULES ........................................... 164
Part 4-3 BUDGET AND POLICY FRAMEWORK: PROCEDURE RULES ........................ 174
Part 4-4 STANDING ORDERS FOR CONFLICT RESOLUTION BETWEEN THE
AUTHORITY AND THE CABINET ............................................................................................. 179
Part 4-5 CABINET AND EXECUTIVE PROCEDURE RULES ............................................. 183
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May 2015
Part 4-6
Part 4.7
Part 4-8
Part 4-9
OVERVIEW AND SCRUTINY PROCEDURE RULES ............................................ 189
FINANCIAL REGULATIONS ........................................................................................ 197
CONTRACT STANDING ORDERS .......................................................................... 219
OFFICER EMPLOYMENT PROCEDURE RULES ..................................................... 246
PART 5 CODES AND PROTOCOLS .................................................................................... 254
MEMBERS’ CODE OF CONDUCT 2012 ................................................................................... 255
DISCLOSABLE PECUNIARY INTERESTS ................................................................................... 259
PROCEDURE TO BE USED IN EVENT OF A GRIEVANCE AGAINST A MEMBER OF
THE COUNCIL ................................................................................................................................. 261
PROTOCOL FOR MEMBER/OFFICER RELATIONS .............................................................. 265
PROTOCOL FOR THE MONITORING OFFICER ............................................................... 277
PROTOCOL FOR THE SECTION 151 OFFICER ................................................................... 280
GUIDANCE FOR MEMBERS AND OFFICERS DEALING WITH PLANNING MATTERS
............................................................................................................................................................... 282
PART 6 MEMBERS’ SCHEME OF ALLOWANCES ....................................................... 301
Table 1 Basic and Special Responsibility Allowances ........................................................... 308
Table 2 Outside Bodies for which Members may claim allowances ................................ 309
Table 3 Indicative list of approved duties under Clause 18F ............................................. 310
PART 7 COUNCIL AND OFFICER MANAGEMENT STRUCTURE .................... 311
PART 8 COUNCIL, CABINET AND COMMITTEE MEMBERSHIP, AND ROLE
DESCRIPTIONS FOR SOME APPOINTMENTS .............................................................. 314
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May 2015
HART DISTRICT COUNCIL
CONSTITUTION
PART 1
SUMMARY AND EXPLANATION
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March 2014
THE COUNCIL’S CONSTITUTION
Hart District Council has agreed a Constitution that sets out: -
how the Council operates;
-
how decisions are made; and
-
the procedures which are followed to ensure that decisions are efficient, transparent and
accountable to local people. The law requires some of these processes, while others are up
to the Council to choose.
The Constitution is divided into16 articles, which set out the basic rules governing the Council’s
business. More-detailed procedures and codes of practice are provided in separate rules and
protocols included elsewhere in the document.
WHAT’S IN THE CONSTITUTION?
Article 1 of the Constitution commits the Council to efficient and effective decision-making which is
transparent, accountable and encourages community involvement. Articles 2-15 explain the rights of
citizens and how the key parts of the Council operate. These are:
*
Members of the Council (Article 2)
*
The people of Hart and the Council (Article 3)
*
Full Council (Article 4)
*
Chairing the Council (Article 5)
*
Overview and Scrutiny (Article 6)
*
The Cabinet (Article 7)
*
Committees of the Council (Article 8)
*
The Standards Committee (Article 9A)
*
The Staff and General Purposes Committee (Article 9B)
*
Regulatory and other committees (Article 9C)
*
Joint arrangements (Article 10)
*
Officers (Article 11)
*
Decision- making (Article 12)
*
Finance, contracts and legal matters (Article 13)
*
Review and revision of the Constitution (Article 14)
*
Suspension, interpretation and publication of the Constitution (Article 15)
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March 2014
HOW THE COUNCIL OPERATES
The Council is composed of 33 councillors, who are elected as described in Article 2. Councillors
are democratically accountable to residents of their ward. The overriding duty of councillors is to
the whole community, but they have a special duty to their constituents, including those who did not
vote for them.
Councillors have to agree to follow a code of conduct that will ensure high standards in the way they
undertake their duties. The Standards Committee will train and advise them on the code of conduct.
All councillors meet together as the Council. Meetings of the Council are normally open to the
public. Here councillors decide the Council’s overall policies and set the budget each year. The
Council provides a focus for debate about the performance of the Cabinet. The public has an
opportunity to question the Council, during Question Time.
HOW DECISIONS ARE MADE
The Cabinet is the part of the Council that is responsible for most day-to-day decisions. The Cabinet
(including the Leader) comprises the Leader and between two and nine other councillors who are
appointed by the Leader. When major decisions are to be discussed or made, these are published in
the Cabinet’s forward plan in so far as they can be anticipated. If these major decisions are to be
discussed with council officers at a meeting of the Cabinet, this will generally be open for the public
to attend except when personal or confidential matters are being discussed. The Cabinet has to
make decisions that are in line with the Council’s overall policies and budget. If it wishes to make a
decision that is outside the budget or policy framework, this must be referred to the Council as a
whole to decide.
OVERVIEW AND SCRUTINY
The Overview and Scrutiny Committee supports the work of the Cabinet and the Council as a
whole. It allows citizens to have a greater say in Council matters by holding public inquiries into
matters of local concern when appropriate. These can lead to reports and recommendations that
advise the Cabinet and the Council as a whole on its policies, budget and service delivery. The main
responsibility of the Committee will be to provide an overview and scrutiny function in respect of
decisions taken by the Cabinet, the Council and the Council’s committees. This Committee can ‘callin’ a decision that has been made by the Cabinet but not yet implemented. It will also have to
examine decisions made by the Council and, in some cases, officers, or where other councillors have
“called in” these decisions. It will consider whether the decision is appropriate and it may
recommend that the decision be reconsidered. It may also be consulted by the Cabinet or the
Council on forthcoming decisions and the development of policy.
The Council’s Staff
The Council has people working for it (called ‘officers’) to give advice, implement decisions and
manage the day-to-day delivery of its services. Some officers have a specific duty to ensure that the
Council acts within the law and uses its resources wisely. There is a protocol, in Part 5, which
governs the relationships between officers and Members of the Council.
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People’s Rights
Everyone who lives and works in Hart has a number of rights in their dealings with the Council;
these are set out in more detail in Article 3. Some of these are legal rights, whilst others depend on
the Council’s own processes. The local Citizens’ Advice Bureau can advise on individuals’ legal rights.
People who live and/or work in Hart have the right to:
*
vote at local elections if they are registered; if you need advice about this, please contact the
Council’s Elections Section.
*
contact their local councillor about any matters of concern to them;
*
obtain a copy of the Constitution;
*
attend meetings of the Council and its committees 1 except when, for example, personal or
confidential matters are being discussed;
*
petition to request a referendum on a mayoral form of executive;
*
participate in the question time at Council, and contribute to investigations by the Overview
and Scrutiny2 Committee;
*
contribute to the Council’s Planning Committee’s consideration of major planning applications,
by way of the Council's Public Speaking Scheme;
*
find out, from the Cabinet’s Forward Plan, what major decisions are to be discussed by the
Cabinet or decided by the Cabinet or officers, and when;
*
attend meetings of the Cabinet that will be held in public except when personal or confidential
matters are being discussed;
*
see reports and background papers, and any record of decisions made by the Council and
Cabinet;
*
complain to the Council if they think it has:
-
failed to do something it should have done;
done something badly, or done something it should not have done;
treated them unfairly or discourteously; or
been guilty of “maladministration”;
*
complain to the Ombudsman if they think the Council has not followed its procedures
properly. However, they should do this only after using the Council’s own complaints process;
*
complain to the Monitoring Officer if they have evidence which they think shows that a
councillor has not followed the Council’s Code of Conduct; and
*
inspect the Council’s accounts and make their views known to the external auditor.
1
2
Reference to Policy Panel deleted to reflect Council decision 26th April 2007
Reference to Scrutiny Committee amended to reflect Council decision 26th April 2006
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March 2014
The Council welcomes participation by everyone in its work.
Part 4 of this Constitution contains information on the rights to inspect agendas and
reports and attend meetings
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March 2014
HART DISTRICT COUNCIL
CONSTITUTION
PART 2
ARTICLES OF THE
CONSTITUTION
8
Article 1 - The Constitution
1.1
Powers of the Council
The Council will exercise all its powers and duties in accordance with the law
and this Constitution.
1.2
The Constitution
This Constitution, and all its appendices, is the Constitution of Hart District
Council.
1.3
Purpose of the Constitution
The purpose of the Constitution is to:
1.3.1
enable the Council to provide clear leadership to the community in
partnership with citizens, businesses and other organisations, as set out in
Hart’s corporate aims and objectives and its Community Strategy;
1.3.2
support the active involvement of people in the process of local authority
decision-making;
1.3.3
help councillors represent their constituents more effectively in the
appropriate forum;
1.3.4
enable decisions to be taken efficiently and effectively in the appropriate
forum;
1.3.5
create a powerful and effective means of holding decision-makers to public
account;
1.3.6
ensure that no-one will review or scrutinise a decision in which they were
directly involved;
1.3.7
ensure that those responsible for decision-making are clearly identifiable to
local people and that they explain the reasons for decisions;
1.3.8
provide a means of improving the delivery of services to the community;
1.3.9
provide a platform committed to the improvement, quality and equality of
service delivery for the people of Hart.
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February 2007
1.4
Interpretation and Review of the Constitution
Where the Constitution permits the Council to choose between different courses of
action, the Council will always choose that option which it thinks is closest to the
purposes stated above.
The Council will monitor and evaluate the operation of the Constitution as set out in
Article 15.
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February 2007
Article 2 - Members of the Council
2.1
2.2
Composition and eligibility
(a)
Composition. The Council will comprise 33 Members, otherwise called
Councillors. One or more Councillors will be elected by the voters of each
ward in accordance with a scheme drawn up by the Local Government
Commission and approved by the Secretary of State.
(b)
Eligibility. Only registered voters of the District or those living or
working there (at the time when nominations are made for candidates for
election) will be eligible to hold the office of councillor.
Election and terms of councillors
Election and terms. The election of a third (one per ward) of all councillors
is usually held during the period May – June, except that, in 2017 and every
fourth year after, there will be no election, although by-elections may arise
from time to time to fill any casual vacancy. The term of office of councillors
will usually be four years, starting on the fourth day after being elected and
finishing on the fourth day after the date of the election.
2.3
Roles and functions of all councillors
The following sets out the key roles and duties of councillors. All elected
councillors have a responsibility for the good governance of the local
authority, and act as community leaders and as a link and point of mediation
between the local authority and the community.
2.3.1
Key roles.
All councillors will:
(i)
collectively be the ultimate policy-makers and carry out a number
of strategic and corporate management functions;
(ii)
contribute to the good governance of the District;
(iii)
participate in the governance and management of the Council;
(iv)
deal with individual casework and act as an advocate for
constituents in resolving particular concerns or grievances;
(v)
respond to constituents’ enquiries and representations fairly and
impartially;
(vi)
balance different interests identified within the ward or electoral
division and represent as a whole;
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February 2007
(vii)
be involved in decision-making;
(viii)
be available to represent the Council on other bodies;
(ix)
maintain the highest standards of conduct and ethics.
Fuller information about the roles that councillors might expect to
undertake is included in Part 8 of this Constitution, in the form of role
descriptions. The role descriptions include those of the Chairman of the
Council, Leader and Deputy Leader of the Council, Cabinet Member,
Portfolio Holder, Overview and Scrutiny Committee Member and Panel
Member.
2.3.2
2.4
Rights and duties
(i)
Councillors will have rights of access to such documents,
information, land and buildings of the Council as are necessary for
the proper discharge of their functions and in accordance with the
law.
(ii)
Councillors will not make information public which is confidential
or exempt, without the consent of the Council, or divulge
information given in confidence to anyone other than a councillor
or officer entitled to know it.
(iii)
For these purposes, “confidential” and “exempt” information is
defined in the Access to Information Rules in Part 4 of this
Constitution.
Conduct
Councillors will at all times observe the Members’ Code of Conduct and the
Protocol on Member/Officer Relations set out in Part 5 of this Constitution.
2.5
Allowances
Councillors will be entitled to receive allowances in accordance with the Members’
Allowances Scheme set out in Part 6 of this Constitution.
2.6
A councillor may not hold the office of Chairman or Vice-Chairman of the Council,
be the Leader, hold any portfolio in the Cabinet, or be Chairman of any committee
of the Council, for more than three consecutive years without the consent of the
Council.
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February 2007
Article 3 - The People of Hart and the Council
3.1
Rights
People who live and/or work in Hart have the following rights. Their rights to
information and to participate are explained in more detail in the Access to
Information Rules in Part 4 of this Constitution:
3.2
3.1.1
Voting and petitions. If you are on the electoral roll for the District,
you have the right to vote and sign a petition to request a referendum for
an elected mayor form of Constitution.
3.1.2
Information. You have the right to:
(i)
attend meetings of the Council, the Cabinet and committees,
except when confidential or exempt information is likely to be
disclosed and the meeting is, therefore, held in private;
(ii)
find out from the forward plan what key decisions will be taken by
the Cabinet and when (a definition of a “key decision” is contained
in Article 12);
(iii)
see reports and background papers and any records of decisions
made by the Council, its committees, and the Cabinet and
(iv)
inspect the Council’s accounts and make their views known to the
external auditor.
3.1.3
Participation. You have the right to participate in question time at
Council and contribute to investigations by the Overview and Scrutiny
Committee. You also have the right to participate in the Council's Planning
Committee meetings, in accordance with a public speaking scheme agreed
by the Council from time to time.
3.1.4
Complaints. You have the right to complain to:
(i)
the Council itself under its complaints scheme;
(ii)
the Ombudsman after using the Council’s own complaints scheme;
(iii)
the Monitoring Officer about a breach of the Councillors’
Code of Conduct.
Your responsibilities
You must not be violent, abusive or threatening to councillors or officers and must
not wilfully harm things owned by the council, councillors or officers.
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February 2007
Article 4 - The Full Council
4.1
Meanings
4.1.1
Policy Framework.
4.1.1.1 The policy framework means the following plans and strategies:•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Community Strategy
Corporate Plan
Local Plan
Housing Investment Strategy
Leisure Strategy
Waste & Recycling Strategy
Crime & Disorder Reduction Strategy
Food Law Enforcement Service Plan
Health and Safety Service Plan
Best Value Performance Plan
Medium Term Information Technology Strategy
Race Equality Scheme
Equality & Diversity Policy
Medium Term Financial Strategy
Revenue Budget
Capital Programme
4.1.1.2 other plans and strategies that the Council may decide should be
adopted by the Council meeting as a matter of local choice.
4.1.2
4.2
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
the setting of virement limits.
Functions of the full Council
The Council will exercise the following functions:
4.2.1
adopting and changing the Constitution;
4.2.2
approving or adopting the policy framework, the budget and any application
to the Secretary of State in respect of any housing land transfer;
4.2.3
subject to the urgency procedure contained in the Access to Information
Procedure Rules in Part 4 of this Constitution, making decisions about any
matter in the discharge of an executive function which is covered by the
policy framework or the budget, where the decision-maker is minded to
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August 2013
make it in a manner which would be contrary to the policy framework or
contrary to, or not wholly in accordance with, the budget;
4.2.4
appointing and removing the leader;
4.2.5
agreeing and/or amending the terms of reference of committees and
deciding on their composition; and (subject to the Council and Committee
Procedure Rules (Standing Orders) in Part 4 of this Constitution) making
appointments to committees;
4.2.6
appointing representatives to outside bodies unless the appointment is an
executive function or has been delegated by the Council;
4.2.7
adopting an allowances scheme under Article 2;
4.2.8
confirming the appointment of the head of paid service;
4.2.9
making, amending, revoking, re-enacting or adopting bylaws and promoting
or opposing the making of local legislation or private Bills;
4.2.10
all other matters which, by law, must be reserved to Council including (but
not limited to):
•
•
4.3
Statement of Licensing Policy 3
Statement of Licensing Policy (Gambling), and functions relating to a
resolution not to issue casino premises licenses 4
Council meetings
There are three types of Council meeting:
•
the annual meeting;
•
ordinary meetings;
•
extraordinary meetings;
and they will be conducted in accordance with the Council Procedure Rules in Part
4 of this Constitution.
4.4
Responsibility for functions
The Council will maintain the tables in Part 3 of this Constitution setting out the
responsibilities for the Council’s functions.
3
4
SS5 and 7 Licensing Act,2003
S.154(2)( c) Gambling Act, 2005
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August 2013
Article 5 - Chairing the Council
5.1
Role and function of the Chairman
The Chairman of the Council will be elected by the Council annually. The Chairman
(and in his/her absence, the Vice-Chairman) will have the following responsibilities:
5.1
to uphold and promote the purposes of the Constitution and to interpret
it when necessary;
5.2
to preside over meetings of the Council so that its business can be carried
out efficiently and with regard to the rights of councillors and the interests
of the community;
5.3
to ensure that the Council meeting is a forum for the debate of matters of
concern to the local community and the place at which members who are
not part of the Cabinet are able to hold the Cabinet to account;
5.4
to promote public involvement in the Council’s activities;
5.5
to attend such civic and ceremonial functions as the Council and he/she
determines appropriate.
(NB - In accordance with the provisions of the Local Government Act 2000, neither
the Chairman nor the Vice-Chairman of the Council can be a member of the
Cabinet.)
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February 2007
Article 6 - Overview and Scrutiny Committee
Terms of reference
6.1
The Council will appoint the Overview and Scrutiny Committees to discharge the
functions conferred by section 21 of the Local Government Act 2000 or regulations
under section 32 of the Local Government Act 2000.
General Role
6.2
Within its terms of reference, Overview and Scrutiny Committee will:
6.2.1
review and/or scrutinise decisions made or actions taken in connection
with the discharge of any of the Council’s functions 5
6.2.2
make reports and/or recommendations to the full Council and/or the
Executive and/or any policy, joint or area Committee in connection with
the discharge of any functions
6.2.3
consider any matter affecting the area or its inhabitants; and
6.2.4
exercise the right to call-in, for reconsideration, decisions made but not yet
implemented by the Executive and/or any policy or area Committees
Specific Functions
6.3
Policy Development and Review
Overview and Scrutiny Committee may:
6.3.1
assist the Council and the Executive in the development of its budget and
policy framework by in-depth analysis of policy issues
6.3.2
conduct research, community and other consultation in the analysis of
policy issues and possible options
6.3.3
consider and implement mechanisms to encourage and enhance community
participation in the development of policy options
The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008 No 3261
excludes:
(a) any matter relating to a planning decision;
(b) any matter relating to a licensing decision;
(c) any matter relating to an individual or entity in respect of which that individual or entity has a right of
recourse to a review or right of appeal conferred by or under any enactment;
(d) any matter which is vexatious, discriminatory or not reasonable to be included in the agenda for, or to be
discussed at, a meeting of the overview and scrutiny committee or at a meeting of a sub-committee of that
committee.
5
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April 2014
6.4
6.3.4
question members of the Executive and/or Committees and chief officers
about their views on issues and proposals affecting the area; and
6.3.5
liaise with other external organisations operating in the area, whether
national, regional or local, to ensure that the interests of local people are
enhanced by collaborative working
Scrutiny
Overview and Scrutiny Committee may:
6.5
6.4.1
review and scrutinise the decisions made by and performance of the
Executive and/or Committees and Council officers both in relation to
individual decisions and over time
6.4.2
review and scrutinise the performance of the Council in relation to its
policy objectives, performance targets and/or particular service areas.
6.4.3
question members of the Executive and/or Committees and chief officers
about their decisions and performance, whether generally in comparison
with service plans and targets over a period of time, or in relation to
particular decisions, initiatives or projects
6.4.4
make recommendations to the Council, Executive or Committees arising
from the outcome of the scrutiny process
6.4.5
review and scrutinise the performance of other public bodies in the area
and invite reports from them by requesting them to address the Overview
and Scrutiny Committee and local people about their activities and
performance; and
6.4.6
question and gather evidence from any person (with their consent)
Finance
Overview and Scrutiny Committee may exercise overall responsibility for any
finances made available to them
6.6
Annual Report
Overview and Scrutiny Committee must report annually to full Council on its
workings and make recommendations for future work programmes and amended
working methods if appropriate
6.7
Officers
Overview and Scrutiny Committee may exercise overall responsibility for the work
programme of any officers employed to support their work
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April 2014
6.8
Proceedings of Overview and Scrutiny Committee
Overview and Scrutiny Committee will conduct its proceedings in accordance with
the Overview and Scrutiny Procedure Rules set out in Part 4 of this Constitution
6.9
Power to co-opt people onto the Committee
Overview and Scrutiny Committee will have the power to co-opt any person or
persons they think appropriate (except for a member of the Executive) onto the
Committee, on whatever basis they think appropriate. Co-opted members may
speak in debates but not vote.
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April 2014
Article 6A - Crime and Disorder functions
These terms of reference relate to the discharge of functions by the Committee in relation
to the duty on the local authority to establish a "Crime and Disorder” (Scrutiny) Committee
as required by the Crime and Disorder Act 1998 and amended by the Police and Justice Act
2006 and the Local Government and Public Involvement in Health Act 2007.
6.10
Basingstoke and Deane, Hart and Rushmoor Councils Crime and Disorder
Joint Scrutiny Committee
This Committee is the Crime and Disorder Committee for the purposes of section
19 of the Police and Justic Act 2006.
6.11
Terms of Reference
6.11.1 To scrutinise decisions made or other action taken, in connection with the
discharge of the crime and disorder functions by the Joint Community Safety
Partnership.
6.11.2 To act as a consultative body for the joint Community Safety Partnership and
Police and Crime Commissioner responding to requests in relation to new
and changed policies and services in relation to any matter within their
purview.
6.11.3 To monitor and review the performance of the joint Community Safety
Partnership.
6.11.4 To make reports or recommendations to the Local authorities, Joint
Community Safety Partnership and Police and Crime Commissioner with
respect to the discharge of the crime and disorder functions.
6.11.5 The committee shall prepare an annual report for the Councils.
6.12
Composition of the Committee
6.12.1 The committee shall consist of nine Councillors to be made up of three
Councillors nominated from Basingstoke and Deane Borough Council, Hart
District Council and Rushmoor Borough Council respectively.
6.12.2 With the exception of Cabinet members and members of the Community
Safety Partnership, Councillors of the respective Council may act as a
substitute for the nominated member.
6.12.3 Each council may change their nominated Councillor at any time.
6.12.4 The committee may co-opt external representatives or appoint advisors as it
sees fit.
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July 2014
6.13
Administration and proceedings of the Committee
6.13.1 The administration and chairmanship of the committee shall rotate between
the councils on an annual basis.
6.13.2 The committee shall follow the procedures of the hosting council.
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July 2014
Article 7 - The Cabinet
7.1
Executive Functions
In this Council the functions of the Executive will be discharged by the Cabinet.
7.2
Role
The Cabinet will carry out all of the local authority’s functions that are not the
responsibility of any other part of the local authority, whether by law or under this
Constitution.
7.3
Form and composition
The Cabinet will consist of the Leader, a Deputy Leader, together with at least two,
but not more than nine (such numbers to include the Deputy Leader), councillors
appointed by the Leader. The Leader of the Council may assign portfolios to
individual Cabinet members, and approve the delegation of executive powers to
individual Cabinet Members and officers.
7.4
Leader
The Leader will be a Councillor elected to the position of Leader by the Council.
The Leader will hold office until:
1.
The day when the Council holds its first annual meeting after the end of the
Leader’s term of office as a Councillor; or
2.
He/she resigns from office; or
3.
He/she is suspended from being a Councillor under Part III of the Local
Government Act 2000 (although he/she may resume office at the end of the
period of suspension); or
4.
He/she ceases to be a Councillor before the end of his/her term of office as
a Councillor including as a result of statutory provisions; or
5.
He/she is removed from office by resolution of the Council.
If for any reason the Leader is unable to act the Deputy Leader must act in his/her
place.
7.5
Procedures if the Leader Ceases to Hold Office for Whatever Reason
If the Leader ceases to hold office as mentioned in paragraphs (2), (3) or (4) above
the functions of the Leader shall be discharged by the Deputy Leader until the
election of a new Leader. In these circumstances, if an ordinary meeting of the
Council is not scheduled to take place within the following 25 working days, an
22
April 2014
extraordinary meeting of the Council shall be held within 15 working days in order
to elect a new Leader.
The exception to this is that if the Leader resigns within 3 months of the date of the
next scheduled annual meeting the functions of the Leader will be discharged by the
Deputy Leader until a new Leader is elected at that next scheduled annual meeting.
7.6
Procedure if the Leader and Deputy Leader both cannot Act or both
Cease to Hold Office for Whatever Reason
If for any reason the Leader is unable to act, or the office of the Leader is vacant
and the Deputy Leader is unable to act, or the office of Deputy Leader is vacant, the
Cabinet must act in the Leader’s place or must arrange for a Member of the
Cabinet to act in his/her place.
In the event of there being no Leader, Deputy Leader or Cabinet Members,
executive functions shall in the interim be carried out by the Head of Paid Services
in consultation with Group Leaders.
7.7
Procedures following Resolution of the Council to Remove the Leader
from Office
If the Council resolves to remove the Leader from office and unless a new Leader is
elected at the same meeting, the following procedures will be followed:
7.7.1 An extraordinary meeting of the Council shall be held within 10 working days
to elect a new Leader.
7.7.2 Until the election of a new Leader, the executive functions of the Cabinet
shall be discharged by the Head of Paid Services in consultation with Group
Leaders.
7.8
Appointment of Cabinet
The Cabinet will consist of no fewer than three and no more than ten Members
(inclusive of the Leader of the Council). Appointments to the Cabinet will be made
by the Leader.
The precise number of Cabinet members, allocation of portfolios and term of office
are for decision by the Leader and shall be set out in writing, except that the term
of office may not extend beyond the third day after the expiry Leader’s term of
office as a Councillor. The Leader shall designate one of the Cabinet Members as
Deputy Leader.
7.9
Other Cabinet Members
Other Cabinet members shall hold office until:
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April 2014
7.10
1.
The expiry date of a fixed term specified by the Leader when appointing
them; or
2.
They resign from office; or
3.
They are suspended from being Councillors under Part III of the Local
Government Act 2000 (although they may resume office at the end of the
period of suspension); or
4.
They are no longer Councillors; or
5.
They are removed from office by the Leader, such a decision to be set out
in writing and to have immediate effect; or
6.
The day on which the Leader is removed from office by resolution of the
Council.
Proceedings of the Cabinet
Proceedings of the Cabinet shall take place in accordance with the Cabinet and
Executive Procedure Rules set out in Part 4 of this Constitution.
7.11
Responsibility
The Leader will maintain a list in Part 3 of the Constitution setting out which
individual members of the Cabinet, officers or joint arrangements are responsible
for the exercise of particular Cabinet functions.
7.12
Political balance
The Cabinet does not have to comply with the political balance rules in Section 15
of the Local Government and Housing Act 1989.
24
April 2014
Article 8 - Committees of the Council
8.1
Committees of the Council
Part 3 of this Constitution contains a section entitled Responsibility for Functions
containing three parts entitled Responsibility for Functions, Delegations to individual
Cabinet Members, and Delegated powers to Officers.
All “Local Choice” functions (ie those specified in regulations under S.13(3) (b) of
the Local Government Act 2000 ) are Executive Functions and are set out in
Part 3B.
The Council will appoint the Committees set out in the left hand column of the
tables set out in Part 3 A in order to discharge the functions set out in the third
column.
In furtherance of these provisions, the Council will:
8.1.1
appoint the member composition of the Standards Committee (Article
9A)
8.1.2
delegate its personnel and audit functions to the Staffing Committee
(Article 9B)
8.1.3
delegate its licensing functions to the Regulatory and other committees
(Article 9C)
8.1.4
delegate its planning functions to the Planning Committee (Article 9C)
8.1.5
delegate its staff appeals to an Appeals Committee (Article 9C)
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July 2008
Article 9A - The Standards Committee
9A.01 Establishing the Standards Committee
The Council’s annual meeting will establish a Standards Committee.
9A.02 Composition
Political Balance: Standards Committees do not have to comply with the political
balance rules in section 15 of the Local Government and Housing Act 1989 but shall
be appointed as if in accordance with the political balance rules in Section 15 of the
Local Government and Housing Act 1989.
Advisory Committee to Council: The Standards Committee shall be an advisory
committee as defined by S.102 (4) Local Government Act 1972. It will not be subject
to the provisions of Section 12 or 13(4) (e) of the Local Government Act 1989.
Membership: The Standards Committee will be composed of:
•
five district councillors;
•
two persons who are not councillors or officers of the council or of any other
body having a Standards Committee (lay members);
•
three members of a town or parish council wholly in the Council’s area (a parish
member).
All Members of Standards Committee, including any lay or parish members of
Standards Committee, will be entitled to vote at meetings.
Parish Members: At least one parish member must be present when matters
relating to town or parish councils or their members are being considered.
Chairing the Committee: any member of Standards Committee may be Chairman
or Vice Chairman.
9A.03 Role and function
The Standards Committee will have the following roles and functions:
(a) promoting and maintaining high standards of conduct by councillors and coopted members;
(b) assisting councillors and co-opted members to observe the Members’ Code of
Conduct;
(c) advising the Council on the adoption or revision of the Members’ Code of
Conduct;
26
December 2012
(d) monitoring the operation of the Members’ Code of Conduct;
(e) advising, training or arranging to train councillors and co-opted members on
matters relating to the Members’ Code of Conduct;
(f) consider requests referred to it by the Monitoring Officer for the granting
dispensations to Councillors and co-opted members from requirements relating
to interests set out in the Members’ Code of Conduct;
(g) making recommendations on any report from the monitoring officer;
(h) the exercise of (a) to (e) and (g) above in relation to the town and parish councils
wholly or mainly in its area and the members of those parish councils.
9A.04 Additional Roles of Standards Committee
The Standards Committee will undertake the following additional roles:
(a) overview of the whistle-blowing policy;
(b) overview of complaints-handling and Ombudsman investigations;
(c)
advising the Council on the monitoring and review of the Constitution.
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December 2012
Article 9B - The Audit Committee
9B.1
Establishment
The Council will at its Annual Meeting establish an Audit Committee.
9B.2
Membership
The Membership shall consist of seven Members appointed in accordance with the
political balance rules in Section 15 of the Local Government and Housing Act 1989.
No Members of the Committee will be Members of the Cabinet.
9B.3
Role and Function
9B.3.1
To receive the Annual Audit Letter and make recommendations thereon
to the Council.
9B.3.2
To receive all other reports from the Council’s external auditors and make
recommendations thereon to Council.
9B.3.3
To determine the work programme for internal audit activity.
9B.3.4
To receive summaries of all internal audit reports and such additional
information as may be required.
9B.3.5
To receive reports on risk management and fraud.
9B.3.6
To receive and sign off the annual Statement of Accounts.
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December 2012
Article 9C - Regulatory and Other Committees
Regulatory and Other Committees
9C.1
The Council will appoint the Committees and sub-Committees set out in the two
left hand columns of the table Responsibility for Council Functions in Part 3 of this
Constitution to discharge the functions described in column 4 of that table.
Committee Membership
9C.2
Membership of these committees will be as set out in Column 3 of the Table. The
appointment of members to these committees will be made in accordance with the
Council Procedure Rules in Part 4 of this Constitution and the rules relating to
political balance.
29
February 2007
Article 9D - The Staffing Committee
9D.1
Establishment
The Council will at its Annual Meeting establish a Staffing Committee.
9D.2
Membership
The Membership shall consist of a minimum of five Members appointed in
accordance with the political balance rules in Section 15 of the Local Government
and Housing Act 1989. Any member may sit on the Staffing Committee but it will
include the Cabinet Member responsible for staffing matters.
9D.3
Role and Function
9D.3.1 Subject to the appropriate statutory provisions and the Officer
Employment Procedure Rules, to exercise the powers of the Council in
relation to the appointment and dismissal of staff.
9D.3.2 To exercise the Council’s functions in relation to staff pensions.
9D.3.3. To set tasks and targets for the Chief Executive and to appraise the
performance of the Chief Executive.
9D.3.4 To recommend the Chief Executive’s remuneration to full Council.
9D.3.5 To appoint officers for particular purposes (appointment of “proper
officers”).
30
May 2015
Article 10 - Joint Arrangements
10.1
Arrangements to promote well being
The Council or the Cabinet, in order to promote the economic, social or
environmental well-being of its area, may:
10.2
10.1.1
enter into arrangements or agreements with any person or body;
10.1.2
co-operate with, or facilitate or co-ordinate the activities of, any person or
body;
10.1.3
exercise any functions on behalf of that person or body.
Joint arrangements
10.2.1
The Council may establish joint arrangements with one or more local
authority and/or their executives to exercise functions (which are not
executive functions in any of the participating authorities) or to advise the
Council. Such arrangements may involve the appointment of a joint
committee with these other local authorities.
10.2.2
The Cabinet may establish joint arrangements with one or more local
authority to exercise functions that are executive functions. Such
arrangements may involve the appointment of joint committees with these
other local authorities.
10.2.3
Except as set out below, the Cabinet may appoint only Cabinet members
to a joint committee, and those members need not reflect the political
composition of the Council as a whole.
10.2.4
The Cabinet may appoint members to a joint committee from outside the
Cabinet in the following circumstances:
10.2.4.1 the joint committee has functions for only part of the area of the
authority, and that area is smaller than two-fifths of the authority
by area or population. In such cases, the Cabinet may appoint to
the joint committee any councillor who is a member for a ward
that is wholly or partly contained within the area;
10.2.4.2 the joint committee is between a county council and a single
district council and relates to functions of the executive of the
county council. In such cases, the executive of the county council
may appoint to the joint committee any councillor who is a
member for an electoral division that is wholly or partly contained
within the area.
The political balance requirements do not apply to such appointments.
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February 2007
10.2.5
10.3
10.4
10.5
Details of any joint arrangements, including any delegations to joint
committees, will be found in the Council’s Statement of Functions of
Decision-making Bodies in Part 3 of this Constitution.
Access to information
10.3.1
The Access to Information Rules in Part 4 of this Constitution apply.
10.3.2
If all the members of a joint committee are members of the executive in
each of the participating authorities then its access to information regime is
the same as that applied to the executive.
10.3.3
If the joint committee contains members who are not on the executive of
any participating authority then the access to information rules in Part VA
of the Local Government Act 1972 will apply.
Delegation to and from other local authorities
10.4.1
The Council may delegate non-executive functions to another local
authority or, in certain circumstances, the executive of another local
authority.
10.4.2
The executive may delegate executive functions to another local authority
or the executive of another local authority in certain circumstances.
10.4.3
The decision whether or not to accept such a delegation from another
local authority shall be reserved to the Council meeting.
Contracting out
The Council and the Cabinet, as regards their respective functions, may contract
out to another body or organisation functions which may be exercised by an officer
and which are subject to an order under section 70 of the Deregulation and
Contracting Out Act 1994, or under contracting arrangements where the
contractor acts as the Council’s agent under usual contracting principles, provided
there is no delegation of the Council’s discretionary decision-making.
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February 2007
Article 11 - Officers
TERMINOLOGY
The use of the word “Officers” means all employees and staff engaged by the Council to carry
out its functions. This word has also been used instead of “employees” to cover those engaged
under short-term, agency or other non-employed situations.
11.1
Management structure
11.1.1
General. The full Council may engage such staff (referred to as officers) as
it considers necessary to carry out its functions.
11.1.2
Chief Officers. The full Council may engage persons for the following
posts, who will be designated officers as follows:
Post
Chief Executive
Corporate Director
Head of Finance
(“S.151 Officer”)
Designation
Head of Paid Service
Monitoring Officer
Chief Finance Officer
Such posts will have the functions described in Article 11.02 – 11.04 below.
11.1.3
11.2
11.3
Structure. The head of paid service will determine and publicise a
description of the overall departmental structure of the Council showing
the management structure and deployment of officers. This is set out at
Part 7 of this Constitution.
Functions of the head of paid service
11.2.1
Discharge of functions by the Council. The head of paid service will
report to full Council on the manner in which the discharge of the
Council’s functions is co-ordinated, and the number, grade and organisation
of officers required for the discharge of functions.
11.2.2
Restrictions. The head of paid service may not be the monitoring officer
or the chief finance officer.
Functions of the monitoring officer
11.3.1
Maintaining the Constitution. The monitoring officer will maintain an
up-to-date version of the Constitution and will ensure that it is widely
available for consultation by members, staff and the public.
11.3.2
Ensuring lawfulness and fairness of decision-making. After
consulting with the head of paid service and chief finance officer, the
monitoring officer will report to the full Council or to the executive in
relation to an executive function if he or she considers that any proposal,
decision or omission would give rise to unlawfulness or if any decision or
omission has given rise to maladministration. Such a report will have the
33
April 2014
effect of stopping the proposal or decision being implemented until the
report has been considered.
11.4
11.3.3
Supporting the Standards Committee. The monitoring officer will
contribute to the promotion and maintenance of high standards of conduct
through provision of support to the Standards Committee.
11.3.4
Proper officer for access to information. The monitoring officer will
ensure that Cabinet decisions, together with the reasons for those
decisions, and relevant officer reports and background papers are made
publicly available as soon as possible.
11.3.5
Advising whether executive decisions are within the budget and
policy framework. The monitoring officer will advise whether executive
decisions are in accordance with the budget and policy framework.
11.3.6
Providing advice. The monitoring officer will provide advice on the
scope of powers and authority to take decisions, maladministration,
financial impropriety, probity and budget and policy framework issues.
11.3.7
Restrictions. The monitoring officer cannot be the chief finance officer or
the head of paid service.
Functions of the chief finance officer
11.4.1
Ensuring lawfulness and financial prudence of decision making.
After consulting with the head of paid service and the monitoring officer,
the chief finance officer will report to the full Council or to the executive
in relation to an executive function and to the Council’s external auditor if
he or she considers 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 is about to enter an item of account
unlawfully.
11.4.2
Administration of financial affairs. The chief finance officer will have
responsibility for the administration of the financial affairs of the Council.
11.4.3
Contributing to corporate management. The chief finance officer will
contribute to the corporate management of the Council, in particular
through the provision of professional financial advice.
11.4.4
Providing advice. The chief finance officer will provide advice on the
scope of powers and authority to take decisions, maladministration,
financial impropriety, probity and budget and policy framework issues to all
councillors, and will support and advise Councillors and officers in their
respective roles.
11.4.5
Give financial information. The chief finance officer will provide
financial information to the media, members of the public and the
community.
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April 2014
11.5
Duty to provide sufficient resources to the monitoring officer and chief
finance officer
The Council will provide the monitoring officer and chief finance officer with such
officers, accommodation and other resources as are in their opinion sufficient to
allow their duties to be performed.
11.6
Conduct
Officers will comply with the Officers’ Code of Conduct and the Protocol for
Member/Officer Relations set out in Part 5 of this Constitution.
11.7
Employment
The recruitment, selection and dismissal of officers will comply with the Officer
Employment Procedure Rules set out in Part 4 of this Constitution.
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April 2014
Article 12 - Decision-making
12.1
Responsibility for decision-making
The Council will issue and keep up to date a record of what part of the Council, or
which officer, has responsibility for particular types of decision or decisions relating
to particular areas or functions. This record is set out in Part 3 of this Constitution.
12.2
Principles of decision-making
All decisions of the Council will be made in accordance with the following
principles:
12.3
12.2.1
proportionality (ie the action must be proportionate to the desired
outcome);
12.2.2
due consultation and the taking of professional advice from officers;
12.2.3
respect for human rights (see below for further details);
12.2.4
a presumption in favour of openness;
12.2.5
clarity of aims and desired outcomes.
Recording of Decisions
12.3.1
As soon as reasonably practicable after a meeting of a decision-making
body at which any executive decisions have been made, a written
statement (the Minutes) will be produced containing:
12.3.1.1 a record of the decision, signed by the Leader or Chairman of the
decision-making body;
12.3.1.2 a record of the reasons for the decision;
12.3.1.3 details of any alternative options considered and rejected by the
decision-making body at the meeting at which the decision was
made;
12.3.1.4 a record of any conflict of interest in relation to the matter
decided which is declared by any member of the body which made
the decision;
12.3.1.5 a note of any dispensation granted by the Monitoring Officer in
respect of any declared conflict of interest.
12.3.2
As soon as is reasonably practicable after an officer has made a decision
which is a key decision, a written statement will be produced containing:
12.3.2.1 a record of the decision, signed by the officer who made it (the
decision);
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April 2014
12.3.2.2 a record of the reasons for the decision;
12.3.2.3 details of any alternative options considered and rejected by the
officer at the time he made the decision;
12.3.2.4 a record of any conflict of interest declared, in relation to the
decision, by any Cabinet member who was consulted by the
officer who made the decision;
12.3.2.5 a note of any dispensation granted by the Monitoring Officer in
respect of any declared conflict of interest in relation to the
decision.
12.4
Types of decision
12.4.1
Decisions reserved to full Council. Decisions relating to the functions
listed in Article 4.02 will be made by the full Council and not be delegated.
12.4.2
Key decisions.
A key decision means an executive decision which is likely to:
12.4.2.1 result in the Council incurring expenditure or making savings
which amount to either £30,000 or 25% (whichever is the larger)
of the budget for the service or function to which the decision
relates; or
12.4.2.2 be significant in terms of its effect on communities living or
working in an area comprising two or more wards within the
district of Hart.
12.2.2.3 A decision-maker may make a key decision only in accordance
with the requirements of the Cabinet and Executive Procedure
Rules set out in Part 4 of this Constitution.
12.5
Decision-making by the full Council
Subject to Article 12.08, the Council meeting will follow the Council and
Committee Procedures Rules (Standing Orders) set out in Part 4 of this
Constitution when considering any matter.
12.6
Decision-making by the Cabinet.
Subject to Article 12.08, executive decisions will be made in accordance with the
Cabinet and Executive Procedure Rules set out in Part 4 of this Constitution when
considering any matter.
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April 2014
12.7
Decision-making by Overview and Scrutiny Committee
The Committee will follow the Overview and Scrutiny Procedure Rules set out in
Part 4 of this Constitution when considering any matter.
12.8
Decision-making by other committees and sub-committees established
by the Council
Subject to Article 12.08, other Council committees and sub-committees will follow
those parts of the Council and Committee Procedure Rules (Standing Orders) set
out in Part 4 of this Constitution as apply to them.
12.9
Decision-making by Council bodies acting as tribunals
The Council, a councillor, a committee or an officer acting as a tribunal or in a quasi
judicial manner or determining/considering (other than for the purposes of giving
advice) the civil rights and obligations, or the criminal responsibility of, any person
will follow a proper procedure which accords with the requirements of natural
justice and the right to a fair trial contained in Article 6 of the European Convention
on Human Rights.
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April 2014
Article 13 - Finance, Contracts and Legal Matters
13.1
Financial management
The management of the Council’s financial affairs will be conducted in accordance
with the Financial Procedure Rules set out in Part 4 of this Constitution.
13.2
Contracts
Every contract made by the Council will comply with the Contracts Procedure
Rules set out in Part 4 of this Constitution.
13.3
Legal proceedings
The Solicitor to the Council is authorised to institute, defend or participate in any
legal proceedings in any case where such action is necessary to give effect to
decisions of the Council or in any case where the Solicitor to the Council considers
that such action is necessary to protect the Council’s interests.
13.4
Authentication of documents
Where any document is necessary to any legal procedure or proceedings on behalf
of the Council, it will be signed by the Solicitor to the Council or any other person
authorised by him/her, unless any enactment otherwise authorises or requires, or
the Council has given requisite authority to some other person.
13.5
Common Seal of the Council
The Common Seal of the Council will be kept in a safe place. A decision of the
Council, or of any part of it, will be sufficient authority for sealing any document
necessary to give effect to the decision. The Common Seal will be affixed to those
documents which in the opinion of the Solicitor to the Council should be sealed.
The affixing of the Common Seal will be attested by the Chief Executive or Solicitor
to the Council or some other person authorised by either of them.
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April 2014
Article 14 - Review and Revision of the Constitution
14.1
Duty to monitor and review the constitution
The Monitoring Officer, in consultation with the Standards Committee, will monitor
and review the operation of the Constitution to ensure that its aims and principles
are given full effect.
14.2
Protocol for monitoring and review of constitution by monitoring officer
A key role for the Monitoring Officer is to be aware of the strengths and
weaknesses of the Constitution adopted by the Council, and to make
recommendations for ways in which it could be amended in order better to achieve
the purposes set out in Article 1. In undertaking this task the Monitoring Officer
may:
14.3
14.2.1
observe meetings of different parts of the Member and officer structure;
14.2.2
undertake an audit trail of a sample of decisions;
14.2.3
record and analyse issues raised with him/her by Members, officers, the
public and other relevant stakeholders;
14.2.4
compare practices in this authority with those in other comparable
authorities, or national examples of best practice.
Changes to the Constitution
14.3.1
Approval. Changes to the Constitution can be made in accordance with
the terms of Standing Order No. 116 - see Part 4 of this Constitution
(Rules of Procedure – Council and Committee Procedure Rules (Standing
Orders)).
14.3.2
Change from a Leader and Cabinet to a mayoral form of
executive. This will require a referendum.
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April 2014
Article 15 - Suspension, Interpretation and
Publication of the Constitution
15.1
15.2
Suspension of the Constitution
15.1.1
Limit to suspension. The Articles of this Constitution may not be
suspended. The Rules specified below may be suspended by the full Council
or other decision-making body to the extent permitted within those Rules
and the law.
15.1.2
Procedure to suspend. A motion to suspend any of the rules will not be
moved without notice unless at least one half of the whole number of
councillors is present. The extent and duration of suspension will be
proportionate to the result to be achieved, taking account of the purposes
of the Constitution set out in Article 1.
15.1.3
Rules capable of suspension. The Rules which may be suspended in
accordance with Article 15.01, are those Rules of Procedure contained in
Part 4 that Members consider it appropriate to suspend, in order to
facilitate the conduct of meetings or the discharge of the Council’s
functions.
Interpretation
The ruling of the Chairman of Council, as to the construction or application of this
Constitution or as to any proceedings of the Council, shall not be challenged at any
meeting of the Council. Such interpretation will have regard to the purposes of this
Constitution contained in Article 1.
15.3
Publication
15.3.1
The Constitution will be available on the website.
15.3.2
The Monitoring Officer will ensure that copies are available for inspection
at council offices, libraries and other appropriate locations, and can be
purchased by members of the local press and the public on payment of a
reasonable fee.
15.3.3
The Monitoring Officer will ensure that the summary of the Constitution is
made widely available within the District and is updated as necessary.
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April 2014
Schedule 1: Description of Executive Arrangements
The following parts of this Constitution constitute the executive arrangements:
Article 6 (Overview and Scrutiny) and the Overview and Scrutiny Procedure Rules in Part 4.
Article 7 (The Cabinet) and the Cabinet and Executive Procedure Rules in Part 4.
Article 10 (Joint Arrangements)
Article 12 (Decision-Making) and the Access to Information: Procedure Rules in Part 4.
Part 3 (Responsibility for Functions).
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April 2014
HART DISTRICT COUNCIL
CONSTITUTION
PART 3
RESPONSIBILITY FOR
FUNCTIONS
The Responsibility for Functions shall be as determined from time to time by the Council and in
respect of executive powers by the Cabinet. The current Scheme is set out in this chapter.
Part A
Responsibility for Functions
Part B
Delegation to individual Cabinet Members
Part C
Delegated Power to Officers
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April 2014
Part 3A
Council Functions
44
April 2014
COUNCIL FUNCTIONS
Responsibility for Functions and Delegation Arrangements
The following functions will be the responsibility of the Council itself, but delegated to
Committees or sub-Committees as specified. The Council may choose to exercise any of
these functions itself, either generally or in relation to a specific case.
A number of functions set out here are further delegated to officers of the Council. These
further delegations are set out in the Officer Delegation Rules in Part 3C.
45
Committee
Planning
Committee
Sub
Committee
Membership
Functions
11 Members
appointed by
Council
(Political
balance under
S15 LGHA
1989)
All functions relating to the
development control aspects
of town and country
planning, including
determination of planning
applications, enforcement
action, listed building
consent, conservation area
consent, control of
advertisements, etc. EXCEPT
the making or confirmation
of by-laws, the promotion of
a local Act or any other
matter reserved to Full
Council by law or this
Constitution; Any other
function relating to town and
country planning will be the
responsibility of the
Executive, e.g. preparation
and adoption of a
Development plan (or
Development Plan
Document) or the making of
an Article 4 Direction.
Substitution of
Members:
Substitution of
members will
be for
individual
meetings only,
and substitutes
will be
appointed by
group leaders
or their
representative
for that
political group.
Only members
who have
attended
annual Planning
Committee
training during
the previous
twelve months
will be eligible
to attend as a
substitute.
Notice of the
substitution by
a group leader
or his/her
representative
must be
submitted to
the Chief
46
Delegation
of
Functions
Enforcement
functions
delegated to
Enforcement
subcommittee
Functions
delegated to
Head of
Regulatory
Services in
accordance
with Officer
Delegation
Scheme
The determination of
planning applications is NOT
delegated to the Committee
where the Committee
propose a determination that
is contrary to the
Development Plan (or policy
approved by Council) in
which case the Committee’s
recommendations will be
placed before Council for
Council to consider the
policy issues that gave rise to
the referral to Council.
Council should not seek to
review or change other
aspects of the Planning
Council April 2014
Monitoring Officer May 2014
Executive by
noon on the
day of the
meeting.
Committee’s decision where
in themselves they have not
specifically given rise to the
referral to Council.
Substitute
members will
have all the
powers and
duties of any
ordinary
member of the
Committee
but will not be
able to
exercise any
special powers
or duties
exercisable by
the person
they are
substituting
(this relates to
a situation
where the
person
substituted is
currently the
Chairman or
Vice-Chairman
of the
Committee).
Recommendations will be
deemed to be accepted by
Council and no debate
allowed thereon at Council
unless five Members give
notice in writing that they
wish the recommendation to
be debated to the Chief
Executive two clear days
before the meeting of
Council (where Council is on
a Thursday this means notice
must be given by 5.00pm on
the preceding Monday) and
where such notice is given
the Council shall receive a
presentation on the
application before the
recommendation is debated.
Substitute
members may
attend
meetings in
that capacity
only to take
the place of
the ordinary
member for
whom they are
the designated
substitute, and
where the
ordinary
47
Council April 2014
Monitoring Officer May 2014
member will
be absent for
the whole of
the meeting.
Planning
Committee
Planning
(Major Sites)
SubCommittee
Membership to 1. To determine
be determined
applications for the
by Planning
approval of reserved
matters relating to any
Committee
(Political
development within the
District, which would
balance under
otherwise be determined
S15 LGHA
1989).
by the Planning
Committee, where the
Quorum of
land the subject of the
three
Members.
application forms all or
part of a larger
development where that
larger development is for
a minimum of 100
dwellings or 10,000m2 of
commercial floorspace,
or for any other
application or site
specifically referred to it
by the Planning
Committee.
3.
2. To determine
applications for planning
permission relating to any
development within the
District, which would
otherwise be determined
by the Planning
Committee, where:
a. The land the subject of
the application forms all
or part of a larger
development where that
larger development is for
a minimum of 100
dwellings or 10,000m2 of
commercial floorspace;
and
b. Outline planning
permission has already
48
Council April 2014
Monitoring Officer May 2014
been granted for an
equivalent or larger
scheme within the same
or larger site and the
proposal would be within
the general overall terms
of that outline planning
permission
or, for any other application
or site specifically referred to
it by the Planning Committee.
To vary such terms of any
Section 106 legal agreement,
which are in the public
interest, as may prove to be
necessary associated with any
development referred to in
paragraph 1 and 2 above.
Planning
Committee
Planning
(Enforcement)
SubCommittee
Membership to
be determined
by Planning
Committee
(Political
balance under
S15 LGHA
1989).
Quorum of
three
Members.
To authorise the taking of
enforcement action as
defined in Section 171A of
the Town and Country
Planning Act, 1990 (as
amended).
To authorise the issue of a
listed building enforcement
notice or a conservation area
consent enforcement notice
under Section 38 of the
Planning (Listed Buildings and
Conservation Areas) Act
1990 (as amended)
To authorise the issue of a
hazardous substances
contravention notice under
Section 24 of the Planning
(Hazardous Substances) Act
1990 (as amended)
To authorise the seeking of
an injunction under Section
187B of the Town and
Country Planning Act, 1990
49
Council April 2014
Monitoring Officer May 2014
(as amended), Section 44A of
the Planning (Listed Buildings
and Conservation Areas) Act
1990 (as amended) or
Section 26AA of the Planning
(Hazardous Substances) Act
1990 (as amended)
To determine that it is not
expedient to take
enforcement action in any
particular case.
To review outstanding cases
under investigation and to
make decisions on
appropriate courses of
action.
Planning
Committee
Planning
(Action) SubCommittee
Licensing
Committee
Licensing
Committee
Licensing Panel
Any three
Members of
Planning
Committee.
Members
appointed by
Council
To be called in the event of
an urgent decision requiring
to be made
All functions relating to
licensing and registration,
including taxi gaming,
gambling, and food licensing
and functions under the
Licensing Act 2003
Functions
delegated to
Miscellaneous
Licensing Sub
Committee/
Panel and to
Head of
Regulatory
Services
3 Members of
the Licensing
Committee
appointed on a
rotation basis
All functions relating to
licensing and registration,
including taxi, gaming,
gambling, and food licensing
including the holding of
hearings and determination
of applications; and all the
functions of the Council
under the Licensing Act 2003
in relation to the holding of
hearings and the
determination of applications
Functions
delegated to
Head of
Regulatory
Services
50
Council April 2014
Monitoring Officer May 2014
Staffing
Committee
Standards
Committee
Minimum of 5
Members
appointed by
Council
(Political
balance under
S15 LGHA
1989)
At least one
but not more
than two will
be members of
Cabinet
Comprising 5
members
appointed by
the Council, 2
Independent
members (not
councillors)
and 3 Parish
representative
s.
51
All matters relating to the
Council’s responsibilities as
an employer.
To determine appeals made
by employees of the Council
in relation to their
employment.
including appeals under the
Disciplinary, Grievance, and
Capability Procedures
Functions
delegated to
the Appeals
Committee
and to the
Chief
Executive
To appoint officers for
particular purposes
(appointment of “proper
officers”)
All matters relating to the
Audit function including
receiving the Annual Audit
letter, auditors’ reports , and
settling the internal audit
work programme.
The promotion and
maintenance of high
standards of conduct within
the Council, including• To advise the Council on
the adoption or revision of
its Code of Conduct
• To monitor and advise the
Council about the operation
of its Code of Conduct in the
light of best practice and
changes in the law.
Assistance to members and
co-opted members of the
authority:
• To ensure that all members
of the Council have access to
training in all aspects of the
member Code of Conduct,
that this training is actively
promoted, and that members
are aware of the standards
expected from local
Councillors under the Code.
Functions
delegated to
Monitoring
Officer
May 2015
Other functions:
• Overview of internal and
external audit in relation to
matters of probity
• Overview of the whistleblowing policy
• Overview of policies and
practices relating to
complaints handling and
Ombudsman investigations
• Any other functions
delegated to the Committee
by the Council.
52
May 2015
Part 3B
Delegation to Individual Cabinet Members
53
EXECUTIVE FUNCTIONS
Responsibility for Functions and Delegation Arrangements
All functions other those listed in Part A (Council Functions) will be the
responsibility of the Executive including those set out in the following table. It
should be noted that all “Local Choice” functions (ie those specified in regulations
under S13(3)(b) of the Local Government Act 2000) are Executive functions.
The Executive may at its discretion delegate decision-making powers for these
functions, but they remain accountable to the Council for the decisions taken. The
Council cannot choose to exercise such functions itself.
No executive functions have been delegated to Committees of the Executive.
A number of executive functions have been delegated (as allocated by the Leader) to
individual Cabinet Members under S.15 of the Local Government Act 2000.
A number of executive functions have been delegated to officers of the Council.
These further delegations are set out in the Officer Delegation Rules in Part 4 of this
Constitution. The delegation of executive powers to officers is determined by the
Leader and any changes will only take effect from the day the proper officer receives
notification of any changes in writing.
54
February 2011
Functions
Delegation of
functions within
Executive
(Cabinet)
The formulation, review and monitoring of the
policy and budget framework, includingconsultation with relevant Overview and
Scrutiny Committees, members of the public
and interested parties; and the submission of
recommendations for amending the
policy and budget framework to the Council.
•
•
•
•
•
•
•
•
The implementation of the Approved
Policy and Budget Framework, except in
relation to those functions set out in A
above (Council functions), including the
management, control and supervision of:
the Council’s own financial and property
resources
housing and Council tax benefit
leisure, sports, arts and tourism services
housing provision, homelessness and the
maintenance of the common waiting list
the preparation and review of the
Development Plan and other planning
policies and procedures
environmental health and protection
grounds maintenance
refuse collection, recycling and amenity
cleansing
measures to promote the economic,
environmental and social well-being of
the district
measures to promote community safety
and reduce drug abuse
measures to promote skills training and
development
measures in pursuit of the Council’s rural
issues, anti-poverty, and environment/
sustainability strategies
measures to promote high quality, Best
Value services to the communities of the
district
Delegation of
functions outside
Executive
Functions
delegated to the
Chief Executive
and other officers
in accordance
with the Officer
Scheme of
Delegation
Functions
delegated to the
Chief Executive
and Directors in
accordance
with Officer
Scheme of
Delegation
Representing the Council and the district to the
public, other organisations and agencies, both
within the district and at national level.
55
May 2014
Functions
To authorise capital expenditure of up to
£50,000 on schemes that are in accordance with
the Capital Programme.
To authorise an acquisition or disposal of any
interest in land where such interest is valued at
less than £25,000.
To respond to consultations by the
Government, Government agencies and other
local authorities on draft guidance, policies,
regulations, or similar documents
To take action to deal with urgent business that
arises between meetings of the Cabinet when it
is not expedient to call a special meeting of the
Cabinet. Decisions taken under this power shall
be reported to the next meeting of the Cabinet
for information and record.
To authorise the attendance of Members and
attend conferences as an official duty.
Delegation of
functions within
Executive
(Cabinet)
All cabinet
members in
respect of matters
within their terms
of reference
All cabinet
members in
respect of matters
within their terms
of reference
All cabinet
members in
respect of matters
within their terms
of reference
All cabinet
members in
respect of matters
within their terms
of reference
To respond to proposals from Natural England
Nature to designate Sites of Special Scientific
Interest (Statutory)
All cabinet
members in
respect of matters
within their terms
of reference
Cabinet Member
with responsibility
for Finance
Cabinet Member
with responsibility
for Car Parking
Cabinet Member
with responsibility
for Planning
Cabinet Member
with responsibility
for Planning
Cabinet Member
with responsibility
for Planning
To make Directions under Article 4 of the
Town and Country Planning General
Development Order 1995 (Statutory)
Cabinet Member
with responsibility
for Planning
To write off debts and costs as irrecoverable of
a value of between £5,000 and £20,000.
To agree fees and charges for Car Parking .
To prepare and approve development briefs in
accordance with Development Plan policies
(Statutory)
To publish for consultation draft Supplementary
Planning Guidance (Statutory)
56
Delegation of
functions outside
Executive
May 2014
Functions
To list an asset of community value following
consultation with ward Members.
Delegation of
functions within
Executive
(Cabinet)
Cabine Member
with responsibility
for Planning
Delegation of
functions outside
Executive
Notes:
(i)
If a Cabinet Member shall not be available to exercise powers designated to him or
her, then those powers may be exercised by the Leader
(ii)
No decision shall be taken without it first being subject to consultation with the
relevant Chief Officer.
(iii)
The Head of Finance or the Monitoring Officer may, if they regard a decision as
unlawful, direct that it not be implemented and referred to the Cabinet.
(iv)
Notwithstanding that a function may be the responsibility of the Executive except in
the circumstances referred to in clause (v) below the Executive is not permitted to
determine any matter in the discharge of such a Function if that determination is
contrary to the Council’s Budget or Policy Framework
(v)
The circumstances referred to in (iv) above are that it can reasonably be considered
that there is an urgent need for the determination, and the consent of the Chairman
of the Council or the Chairman of the Overview and Scrutiny or the Vice Chairman
of the Council.
57
May 2014
HART DISTRICT COUNCIL
CONSTITUTION
Part 3C
Scheme of Delegation to Officers
May 2011
(updated April 2015)
For Index see page 107
58
GENERAL PROVISIONS
1. Officers having delegated powers each have a power of sub-delegating those powers to a
nominated Officer or Officers to such extent as they shall determine, but the officer
granting the sub-delegation shall remain responsible for any decision taken by the
nominated officer. Each sub-delegation shall be made in writing, a copy of which shall be
provided to the Monitoring Officer.
2. In this Scheme a reference to any statute, regulation (whether domestic or EU), EU
directive, or Code of Conduct, or Practice, issued by any body discharging a public
function, includes any subsequent amendment or replacement.
3. Exercise of delegated powers is without prejudice to the right of the Council, the Chief
Executive or the body or person granting delegated powers to withdraw or amend any
such delegation, and the person with a delegated power may decline to exercise it and
refer the decision to the appropriate Committee, Cabinet or Cabinet Member or other
authorised Officer.
4. In addition to these delegated powers, powers may also be exercisable by officers
through Financial Regulations, Contract Standing Orders, and as elsewhere set out in the
Council’s Constitution.
5. Delegated powers shall be exercised in accordance with Standing Orders, Financial
Regulations and any other guidance given by the Council, the Chief Executive, the Chief
Financial Officer or the Monitoring Officer. Any expenditure shall be within the
appropriate budgetary provision and otherwise in accordance with this paragraph and
(save for emergency expenditure) delegated powers shall be so limited.
6. Where a delegated power is expressed to be exercisable after consultation with the
Chairman of a Committee, or a Cabinet Member, and in the absence of that Chairman
or Cabinet Member the consultation shall take place with the Vice-Chairman (where
appropriate) the Leader of the Council, or the Deputy Leader.
7. Any variation to the proper or customary procedure will not of itself make ineffective
any action or decision taken in good faith by an Officer in the exercise of his delegated
authority.
8. For the effective discharge of Council business the Chief Executive and in his absence any
Corporate Director (after consultation with the Monitoring Officer or his deputy) may
determine the interpretation and scope of provisions in the Constitution generally and of
the delegated powers in this Scheme and such determination when reduced into writing
shall be conclusive. A copy of each such determination shall be given to the Monitoring
Officer.
9. Officers should keep Ward Councillors informed of significant action proposed or taken
in relation to their Ward
59
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
1.
Appointment of
Consultants and
Contractors
Power to appoint consultants and
contractors within budgetary provision, and
in accordance with Financial Regulations and
Contract Standing Orders.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
2.
Budgets &
Finance
Power to vire between detailed heads of
expenditure within each cost centre in
accordance with the Financial Regulations.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
3.
Budgets &
Finance
Power, in consultation with the Chief
Financial Officer to vary relevant nonstatutory or prescribed charges, except for
car parking, and meals on wheels.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
4.
Budgets &
Finance
Power, after consultation with the relevant
Cabinet Member, to authorise
commencement of approved capital projects
that are within the approved estimate, in
accordance with the appropriate financial
regulations and contract standing orders.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
5.
Budgets &
Finance
Power to authorise and incur expenditure
subject to budgetary provision and in
accordance with financial regulations.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
6.
Building Control Power, in consultation with the Cabinet
member for Planning, to approve changes to
the Building Control Scheme of Prices
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
7.
Building Control Power to take any action in respect of the
demolition of retaining walls near streets.
Chief Executive,
any Corporate
Director, or Head
60
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
of Regulatory
Services
8.
Building Control Power to maintain a register of work carried
out by the Fenestration Self Assessment
Scheme (FENSA) members in respect of
double-glazing.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
9.
Building Control Power to maintain a register of work carried
out in respect of cavity wall insulation
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
10.
Building Control Power to administer the provisions in
respect of Building Regulation charges.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
11.
Building Control Power to take action in connection with the
control of demolitions (after consultation
with the Head of Technical Services).
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
12.
Building Control Power to employ the services of private
contractors to carry out plan vetting, site
inspections and other related work to ensure
the fulfilment of the Council’s responsibilities
under the Building Regulations.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
13.
Building Control Power to exercise the following function
relative to the Building Acts and Building
Regulations:
• to administer and enforce the
regulations;
• to administer and enforce the Building
Regulations in respect of Approved
Inspectors;.
• to administer reversions from
Approved Inspectors; (Explanation:
power to take enforcement action on
behalf of Approved Inspectors)
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
61
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
•
•
•
•
Officer(s)
granted
Delegation
to pass or reject a deposited plan in
pursuance of any relevant statutory
provisions and receive and validate
Building Notices;
to make decisions on or to refer to
the Secretary of State applications for
regulations to be relaxed or
dispensed with;.
to engage qualified engineering
consultants to check structural
calculations where necessary;
to serve notices and to take any
other action in respect of means of
escape from fire, unauthorised work
and plans of no effect;
to authorise the institution of legal
proceedings in respect of any
contraventions of Building
Regulations.
14.
Building Control Power to determine applications for the
dispensation of Building Regulations, to
attach conditions to approvals and to accept
certificates from Approved Inspectors.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
15.
Building Control Power to enforce provisions relating to
insecure, derelict and dilapidated buildings
and sites.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
16.
Building Control Power to enforce powers relating to
provision of adequate means of escape from
fire in existing and proposed buildings and to
require modification to chimneys where they
operate inefficiently.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
17.
Building Control Power to take action in respect of dangerous
buildings, structures and excavations.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
62
Ref
No
Function
Delegated Power, Duty or
Responsibility
18.
Building Control Power to administer, after consultation with
Hampshire Fire and Rescue, provisions with
regard to access for the Fire Brigade and fire
precautions in certain large buildings.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
19.
Building Control Power to issue regularisation certificates
under the Building Regulations. (Explanation:
Certificates that work has been carried out in
accordance with the Building Regulations)
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
20.
Community
Safety
Power to determine requests from
Hampshire Police for authorisations to utilise
the power to disperse groups under the
Anti-social Behaviour Act 2003 s30; and;
Chief Executive
21.
Community
Safety
Power to make Closure Orders in relation
to noisy premises to which the Anti-social
Behaviour Act 2003 ss40 & 41 apply and to
authorise Environmental Health Officers to
exercise the power or duty of the Chief
Executive under ss40 & 41 of the Act.
Chief Executive
22.
Community
Safety
Power to apply to the Courts for an AntiSocial Behaviour Order.
Chief Executive,
any Corporate
Director, or
Community Safety
Manager
23.
Community
Safety
Power to seek to obtain an Acceptable
Behaviour Contract;
Chief Executive,
any Corporate
Director, or
Community Safety
Manager
24.
Community
Safety
Power to apply to the Courts for an AntiSocial Behaviour Order
Chief Executive,
any Corporate
Director, or
Community Safety
Manager
25.
Community
Safety
Power to lay information before a Court
alleging that an Anti-Social Behaviour Order
has been breached.
Chief Executive,
any Corporate
Director, or
63
Officer(s)
granted
Delegation
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
Community Safety
Manager
26.
Community
Safety
Duty to administer, allocate, and authorise
the disbursement of grant monies in relation
to the Safer and Stronger Government
Funding and other pooled partner resources.
Community Safety
Manager
27.
Community
Safety
Duty to undertake the Councils’ functions
and duties in accordance with the Crime and
Disorder Act 1998.
Community Safety
Manager
28.
Community
Safety
Power to authorise and act with all services
to give effect to the Crime and Disorder Act
1998 s17.
Chief Executive,
any Corporate
Director, or
Community Safety
Manager
29.
Community
Safety
Duty to manage the CCTV Control room
and all related contracts.
Community Safety
Manager
30.
Community
Safety
Power to refuse entry to the building on
security grounds and to order individuals to
leave the building.
Chief Executive,
any Corporate
Director, any
Head of Service
or Community
Safety Manager
31.
Community
Safety
Duty to be the single point of contact and
authorise, co-ordinate, and disseminate
information on potential security issues.
Community Safety
Manager
32.
Conduct of
Business
Power to settle the annual timetable of
Meetings of Council, Cabinet, Committees,
Sub-Committees and Panels.
Chief Executive
33.
Conduct of
Business
Power to agree to changes in Committee
and Sub-Committee membership during the
Municipal Year requested by the Leader of a
political group by way of notice under the
Local Government (Committees and Political
Groups) Regulations 1990 provided that the
allocation of seats to the group is not
disturbed.
Chief Executive
64
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
34.
Consultation
Power to engage and consult with the
community on issues and matters relevant to
their specific service.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
35.
Council Tax &
Non-Domestic
Rates
Power to make refunds in cases of over
payment to the Council as Billing Authority
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
36.
Council Tax &
Non-Domestic
Rates
Powers in respect of premises partially
unoccupied for short periods.
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
37.
Council Tax &
Non-Domestic
Rates
Power to determine applications for
mandatory or discretionary relief in
accordance with any statutes, financial
regulations, budgetary provision.
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
38.
Council Tax &
Non-Domestic
Rates
Power to make Discretionary Rate Relief
decisions or determinations under the Local
Government Act 1988 in respect of charities
or other organisations not established or
conducted for profit provided that each
applicant whose application is refused is given
the right of appeal to Cabinet.
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
39.
Council Tax &
Non-Domestic
Rates
Exercising powers following receipt of
completion notices in respect of unoccupied
property.
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
40.
Council Tax &
Non-Domestic
Rates
Power to determine applications for relief of
rating of property on the grounds of
hardship, in light of Council Write Off Policy
and subject to budgetary provision.
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
41.
Council Tax &
Non-Domestic
Rates
Power to institute proceedings for nonpayment of accounts including prosecution or
defence in the Magistrates’ Court including
statutory recovery proceedings in respect of
unpaid instalments and sundry debts of
National Non-domestic Rates, Council Tax,
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
65
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
including the power to make an agreement
and register a charge to secure payment in
accordance with the Local Government
Planning and Land Act 1980 s40.
42.
Council Tax &
Non-Domestic
Rates
Power to serve Notices, enter into
agreements, give receipts, make adjustments,
institute proceedings, and take any action
available to the Council to collect or enforce
the collection of the non-domestic rate, and
the Council Tax from those persons liable.
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
43.
Council Tax &
Non-Domestic
Rates
Power to employ commercial bailiffs in
appropriate circumstances, subject to
financial regulations and Contract Tendering
Regulations.
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
44.
Covert
Surveillance
Power to grant authorisations for directed
covert surveillance as required by the
Regulation of Investigatory Powers
(Prescription of Offices, Ranks and Positions)
Order 2000 made under the Regulation of
Investigatory Powers Act 2000 s30.
Chief Executive
45.
Delegations
Power to determination any questions of
interpretation in respect of the powers
within this Scheme of Delegation.
Chief Executive
46.
Delegations
Power to override any decisions taken by
other Officers, with the exception of the
Chief Financial Officer in relation to the
Council’s financial affairs, and the Monitoring
Officer in relation to issues of legality.
Chief Executive
47.
Delegations
Power to direct that any power delegated to
another officer shall be withdrawn in whole
or in part for a specified time or
permanently, with the exception of the Chief
Financial Officer in relation to the Council’s
financial affairs, and the Monitoring Officer in
relation to issues of legality.
Chief Executive
48.
Delegations
Power, in the absence of the Chief Executive,
to exercise any powers delegated to the
Chief Executive, subject to notifying the
Chief Executive as soon as reasonably
Any Corporate
Director acting in
the absence of the
Chief Executive
66
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
practical that those powers have been
exercised.
49.
Delegations
Power, in the absence of the Chief Executive
and Corporate Directors, to exercise any
powers delegated to the Chief Executive,
subject to notifying the Chief Executive or a
Corporate Director as soon as reasonably
practical that those powers have been
exercised.
Any Head of
Service acting in
the absence of the
Chief Executive
and Corporate
Directors
50.
Delegations
Power, in the absence of the Chief Financial
Officer, to exercise all powers delegated to
them so far as the law permits.
Chief Executive
and any
Corporate
Director
51.
Delegations
Power to require a Head of Service or other
Officer not to exercise a delegated power in
whole or in part, with the exception of the
Chief Financial Officer in relation to the
Council’s financial affairs, and the Monitoring
Officer in relation to issues of legality.
Chief Executive
and any
Corporate
Director
52.
Democratic
Services
Power to number and/or name properties
and name streets and to carry out any
Council function in respect of the official
naming of streets and the numbering of
properties.
Chief Executive,
or any Corporate
Director
53.
Drainage
Power to take any action judged necessary to Chief Executive,
secure public health and land drainage, where any Corporate
flooding has occurred, or is likely to occur.
Director, Head of
Technical Services
or Head of
Regulatory
Services
54.
Drainage
Power to determine strategic watercourses
to be maintained at public expense.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
55.
Drainage
Power to serve and enforce notices:
• under the drainage provisions of the
Public Health Act 1936 s236.
Chief Executive,
any Corporate
Director, Head of
67
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
under the provisions of the Land
Drainage Act 1991.
Officer(s)
granted
Delegation
Technical Services
or Head of
Regulatory
Services
56.
Drainage
Power to appoint inspecting and supervising
engineers to undertaking inspections that
may be as required by the Reservoirs Act
1975.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
57.
Emergency
Planning &
Building
Regulation
Duty to act and power to incur expenditure,
so as to provide support to the emergency
services in dealing with a civil emergency as
defined by the Hampshire County Council
(or other appropriate body) and the
District’s Major Civil Emergency Plan or
successor Plan and/or arrangements. Such
power may be exercised by the Officer in
charge of the Council response or other
formal arrangements entered into between
the Council and Hampshire County Council
pursuant to the Civil Contingencies Act 2004
or otherwise in accordance with the
Emergency Plan.
Chief Executive
58.
Environment
Power to undertake environmental audits
covering the state of the local environment
Chief Executive or
any Corporate
Director
59.
Environment
Power to develop and co-ordinate the
implementation of a local sustainability
strategy for the Council.
Chief Executive or
any Corporate
Director
60.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of the following:
• Prohibition or restriction of the
importation, use, supply or storage of
injurious substances or articles, or
potentially hazardous substances.
• Contaminated land including
maintenance of public registers of
land, which may be contaminated,
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
68
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
•
•
•
•
•
•
•
•
determinations, and enforcement of
clean up.
Powers in respect of light pollution
causing a nuisance.
Power to appoint inspectors and
authorised persons for the purposes
of legislation related to environmental
protection enforcement.
Oil Pollution including acting as the
District Oil Pollution Officer.
Provision of a dog control service and
the waiving or reducing of charges for
returning a dog to its owner
including, after consultation with the
appropriate Portfolio Holder and
relevant Ward Member, the
designation of dog control areas and
powers to deal with stray dogs.
The promotion of health including
health education training and the
making of appropriate charges for
such training.
To approve or refuse registrations,
licences, certificates, permits or
consents and to take any other action
in respect of the following businesses
operating within the District:
Hairdressers and barbers,
acupuncturists, tattooists, ear
piercers, electrolysists, animal
boarding establishments, riding
establishments, dog breeding, pet
shops, guard dogs, dangerous wild
animals, and zoos.
Powers in respect of the quality of
drinking water supplies, bathing
waters, and swimming pools.
Power to institute legal proceedings
and to represent the Council in
appropriate Environmental Health
cases.
The ability to issue, refuse, vary,
revoke and impose conditions on any
69
Officer(s)
granted
Delegation
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
licence in relation to Scrap Metal
Dealers.
61.
Environmental
Health
Responsibility for exercising the Council’s
statutory functions, powers and duties
including any related enforcement action and
recovery of costs in respect of the
decorating or cleaning of filthy or verminous
premises; cleansing or destruction of filthy or
verminous articles; accumulation of rubbish;
fly-tipping; abandoned and nuisance vehicles;
neglected sites; defective premises: ruinous
and dilapidated buildings; protection of
unoccupied buildings and structures; disposal
of dead bodies; animal health and disease;
and public health statutory nuisances.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
62.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of Pest control and other
environmental health functions.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
63.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of Sanitation, sanitary conveniences
and appliances in buildings and workplaces;
drains, sewers, water closet cleansing and
maintenance; and land drainage including:
• requirement for buildings to be
drained in combination.
• the maintenance of Strategic
Watercourses.
• powers to repair or clear a defective
or stopped up drain, private drainage
systems (any default action in respect
of repair work to be limited to the
sum identified in the financial
appendix).
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
64.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
Chief Executive,
any Corporate
Director, or Head
70
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
respect of food safety and standards
including:
• the powers to close or cancel the
closure of unhygienic food premises,
seize unfit food, and sample food;
• the appointment of food examiners
and other recognised professionals
for the purpose of expert opinion;
• Inspection Programmes;
• the registration or approval of
premises for the sale, preparation,
storage or manufacture of food;
• food export certificates and deferred
inspection of imported food.
of Regulatory
Services
65.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of Health, safety and welfare at work
including:
• enforcement of the Health and Safety
at work Act 1974 legislation;
• appointment of inspectors and other
authorised Officers to carry out
appropriate duties in respect of
health, safety and welfare;
• inspection Programmes;
• the transfer of enforcement
responsibilities;
• controls on working with asbestos.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
66.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of the control of infectious disease
including the disinfection of premises,
persons and articles, removal of persons
from infected homes and hospitalisation of
persons suffering from a notifiable disease,
after consultation with the Director of Public
Health and Public Health England.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
67.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
Chief Executive,
any Corporate
71
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
enforcement action and recovery of costs in
respect of the appointment of appropriate
persons as Proper Officer required for The
Health Protection (Notification) Regulations
2010 reg 2 and 3 Receipt and disclosure of
notifiable suspected disease, infection or
contamination in patients and dead persons.
Director, or Head
of Regulatory
Services
68.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of noise and noise nuisance from
domestic commercial or industrial premises,
vehicles, machinery or equipment in the
street including:
• after consultation with the
appropriate Cabinet Member and
relevant Ward Members, the
determination of applications for
prior consent in respect of
construction work;
• the determination of acceptable noise
levels for new buildings
• the power to seize equipment;
• the power to grant or refuse consent
for the use of loudspeakers in the
street outside the period 8am to
9pm; and to enforce legislation
relating to alarms;
• power to apply for High Court
injunctions in relation to noise
nuisance.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
69.
Environmental
Health
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of Integrated pollution and air
pollution control, local air quality
management, clean air and air quality
including powers in respect of the burning of
crop residues and public health nuisance.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
70.
Finance
Power to institute proceedings for nonChief Executive,
payment of accounts including prosecution or any Corporate
defence in the Magistrates’ Court including
72
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
statutory recovery proceedings in respect of
unpaid instalments and sundry debts of
National Non-domestic Rates, Council Tax,
including the power to make an agreement
and register a charge to secure payment in
accordance with the Local Government
Planning and Land Act 1980 s40.
Director, or Chief
Financial Officer
71.
Finance
Duty to manage the Treasury function within Chief Financial
the Council, including:
Officer (S 151
officer)
• raising and repaying loans and all
other debt instruments including
overdraft arrangements on
appropriate terms up to any
maximum amount authorised by the
Council, as constrained by statutorily
defined borrowing and maturity limits,
and subject to the Treasury
Management strategy approved by the
Council each year:
• investing surplus funds of the Council,
including negotiations and agreements
with brokers and fund managers;
• entering into leasing and contract hire
agreements for the acquisition of
vehicles, machinery and equipment on
such terms as are considered
appropriate within budgetary
provision.
72.
Finance
Duty to manage insurable risks within the
Council including:
• arranging the insurance of the
Council’s property and other
appropriate insurable risks ensuring
value for money; and
• reviewing on an annual basis the sums
insured and
• negotiating in respect of claims on, or
by, the Council.
Chief Financial
Officer (S 151
officer)
73.
Finance
Duty to determine the local average rates of
interest in accordance with the Housing Act,
1985 together with the rate of interest on
Chief Financial
Officer (S 151
officer)
73
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
sums outstanding prior to the
commencement of the provisions of the Act.
74.
Finance
Responsibility for payment of all amounts
that are considered to be in respect of
liabilities properly incurred and not
previously discharged.
Chief Financial
Officer (S 151
officer)
75.
Finance
Power to write-off outstanding accounts
which are considered to be irrecoverable and
to report this to Cabinet on a quarterly
basis.
Chief Financial
Officer (S 151
officer) or, in their
absence, Chief
Executive
76.
Finance
Power to write-off deficiencies in accordance
with the Write-Off Policy where appropriate
action has been taken to attempt to recover.
Chief Financial
Officer (S 151
officer) or, in their
absence, Chief
Executive
77.
Finance
Power to deal with housing advances made
by the Council, including:
• varying the rate of interest charged
on variable interest rate mortgages.
• deciding upon applications for loans
under the Housing Act 1985,
Recommendations under the
Buildings Societies Support lending
Scheme and indemnities and transfers
under the Act.
Chief Financial
Officer (S 151
officer) or, in their
absence, Chief
Executive
78.
Finance
Power to vire up to the sum identified in the
financial appendix, between cost centres
(applicable to all Cabinet and Committees),
provided that approval to virements giving
rise to commitments for future years, shall
be given by the Cabinet.
Chief Financial
Officer (S 151
officer) or, in their
absence, Chief
Executive
79.
Finance
Power to approve the transfer, on capital
schemes, spending provision from other
schemes by means of savings or delays,
provided that the estimated overspend on
the particular scheme does not exceed the
Chief Financial
Officer (S 151
officer) or, in their
absence, Chief
Executive
74
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
sum of 10% on the figure identified in the
Financial Appendix..
80.
Finance
Power to make determinations under the
Local Government and Housing Act 1989 ss
42(2)g, 50(3)b, 50(3)c, 51(4),56(1), 56(2),
60(2), and 63(1). (Explanation: various duties
concerned with deciding technical financial issues
such as what is capital or revenue, how grants
can be used, etc)
Chief Financial
Officer (S 151
officer) or, in their
absence, Chief
Executive
81.
Finance
Duty to administer and control the
Collection Fund.
Chief Financial
Officer (S 151
officer)
82.
Grants
Power, after consultation with the relevant
Cabinet member, to allocate, and authorise
the disbursement of grants, loan schemes,
and core funding contributions
Chief Executive,
any Corporate
Director, or
Community Safety
Manager
83.
Highways,
Transport and
Parking
Power, after consultation with the Head of
Regulatory Services, to consider and make
observations to third parties on any matters
affecting transport, highways and car parking.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
84.
Highways,
Transport and
Parking
Power to deal with matters relating to the
Council’s direct responsibilities for certain
footway lighting within the District of Hart.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
85.
Highways,
Transport and
Parking
After consultation with the relevant Cabinet
member, power to submit comments to
Hampshire County Council on bus service
changes.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
86.
Highways,
Transport and
Parking
Power to submit views to Hampshire County
Council, on proposals for the extinguishing of
highway rights and the diversion and
extinguishing of footpaths and bridleways.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
75
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
87.
Highways,
Transport and
Parking
Power to comment on traffic regulation
proposals that may affect traffic within Hart
District.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
88.
Highways,
Transport and
Parking
Power to exercise the powers and functions
bestowed on the District Council by the
County Council under the terms of both the
Development Control and Traffic
Management Agency Agreements.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
89.
Highways,
Transport and
Parking
After consultation with the relevant Ward
Members, power to:
• determine applications for the
temporary closure of roads
• respond to proposals from the
Hampshire County Council in respect
of proposed Traffic Orders.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
90.
Highways,
Transport and
Parking
Power to:
• exercise the Council’s powers under
the Off Street Parking Places Order.
• advertise and amend the Councils Off
Street Parking Places Order.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
91.
Highways,
Transport and
Parking
After consultation with the relevant Cabinet
member, power to close the Council’s offstreet car parks for special events or
maintenance purposes and to agree the
temporary suspension of parking charges
(subject to budgetary provision having been
made).
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
92.
Highways,
Transport and
Parking
Power to determine applications for the
letting for casual use of car parks.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
93.
Highways,
Transport and
Parking
Power to authorise the use of the Civic
Offices car parks by other organisations
outside normal office hours.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
76
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
94.
Highways,
Transport and
Parking
Power to authorise agreement of
dispensations, exemptions and suspensions,
relating to parking restrictions on the public
highways, under the provisions of the Road
Traffic Act 1991, including imposing and
waiving parking penalty charge notices,
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
95.
Housing
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of caravan and camping sites,
Chief Executive,
any Corporate
Director, or Head
of Housing
96.
Housing
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of Tenancy Relations Issues,
including:
• Power to take action, including the
service of notices, in respect of the
unlawful eviction of tenants and the
harassment of occupiers of tenanted
property;
• Power to take action, including the
service of notices, to obtain
information, rent books, insurance
arrangements and other documents
relating to tenanted property;
• Power to take action, to recover
from landlords, sums paid in excess of
recoverable rents.
•
Chief Executive,
any Corporate
Director, or Head
of Housing
97.
Housing
Power to , in the absence of the Head of
Housing, conduct and determine appeal
reviews under the provisions of The Housing
Act 1996 s202.
Chief Executive
and any
Corporate
Director
98.
Housing
Power to take legal proceedings where
mortgages are in arrears
Chief Executive,
any Corporate
Director, or Chief
Solicitor
99.
Housing
To approve applications for the letting of
properties in Mortgage to the Council.
Chief Executive,
any Corporate
77
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
Director, or Chief
Solicitor
100. Housing
Power to approve applications from within
family transfers of mortgaged properties,
subject to being satisfied that such transfer
will not adversely affect the Council’s
interest and to payment of the Council’s legal
costs.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
101. Housing
Power to authorise proceedings in matters
related to unlawful eviction and harassment
of residential occupiers.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
102. Housing
Power to give receipts for the discharge of
redeemed mortgages and to seal vacating
receipts on Council mortgages.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
103. Housing
Power to approve applications to be placed
on the Housing Register which fall within the
criteria for acceptance.
Chief Executive,
any Corporate
Director, or Head
of Housing
104. Housing
Power to make nominations to registered
social landlords and other agencies in
accordance with the Council’s approved
housing nominations policies.
Chief Executive,
any Corporate
Director, or Head
of Housing
105. Housing
Power to make minor amendments to the
nominations scheme.
Chief Executive,
any Corporate
Director, or Head
of Housing
106. Housing
Power to agree deeds of Nomination Rights
for affordable housing schemes.
Chief Executive,
any Corporate
Director, or Head
of Housing
107. Housing
In consultation with the Chief Financial
Officer and in accordance with generally
acceptable accounting principles, and the
Financial Regulations of the Council, power
to write off as irrecoverable rent arrears of
former tenants or licensees.
Chief Executive,
any Corporate
Director, or Head
of Housing
78
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
108. Housing
Power to approve individual affordable
housing schemes, including agreeing tenure
mixes, which comply with the council’s
Housing Strategy.
Chief Executive,
any Corporate
Director, or Head
of Housing
109. Housing
Power to suggest appropriate conditions to
be imposed on planning applications with an
affordable housing element, including terms
of Agreements reached under the provisions
of the Town and Country Planning Act 1990
s106 and Planning Obligations.
Chief Executive,
any Corporate
Director, or Head
of Housing
110. Housing
After consultation with the relevant Cabinet
Member power to approve support for
affordable housing projects under the sum
identified in the financial appendix, provided
they are within the capital funding available
for Social Housing Initiatives in the current
Capital Programme and are in accordance
with the Housing Strategy.
Chief Executive,
any Corporate
Director, or Head
of Housing
111. Housing
Power to authorise legal proceedings for
prosecution of offences arising from the
unlawful eviction or harassment of residential
occupiers.
Chief Executive,
any Corporate
Director, or Head
of Housing
112. Housing
Responsibility for carrying out the Council’s
duties in respect of:
• providing accommodation under the
provisions of the Housing Act 1996
s188; and
• persons intentionally homeless under
provisions of the Housing Act 1996
s190; and
• persons not in priority need under
the provisions of The Housing Act
1996 s192; and.
• persons with priority need under the
provisions of The Housing Act 1996
s192; and
• cases of threatened homelessness
under the provisions of The Housing
Act 1996 s195; and
• the power of referral to another local
housing authority under the
Head of Housing
79
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
•
•
113. Housing
Officer(s)
granted
Delegation
provisions of The Housing Act 1996
s1195; and
applicants considered for referral in
under the provisions of The Housing
Act 1996 s200; and
reviews of any decisions as requested
by an applicant under The Housing
Act 1996 s202, and
the Housing Acts 1985, 1988, 1996,
2002 and 2004.
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs in
respect of private sector housing policy,
including
• power to consider and determine
applications for mandatory disabled
facilities grants;
• the provision of professional services
and the making of financial grants to
property owners and tenants to assist
in the repair, improvement, adoption,
conversion and renovation of
dwellings and houses in multiple
occupation.
• on the breach of any condition
attached to a housing improvement
or disabled facilities grant, power to
authorise the recovery of the grant or
part thereof or to approve in special
circumstances and after consultation
with the Chief Financial Officer, the
waiver of repayment of the grant
monies or, where legislation allows,
part thereof;
• power to establish a loan scheme for
home renovation works;
• after consultation with the Chief
Financial Officer and the appropriate
Cabinet Member, power to
determine the rules and criteria for
loans;
80
Chief Executive,
any Corporate
Director, or Head
of Housing
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
•
•
•
•
•
114. Housing &
Council Tax &
Non-Domestic
Rates Benefits
Officer(s)
granted
Delegation
after consultation with the Chief
Financial Officer power to transfer
loans to the private sector and
provide loan guarantees.
the promotion of energy efficiency
measures within the district’s housing
stock.
the repair, closing or demolition of
dwellings unfit for human habitation
or otherwise in a state of disrepair
and properties inspected in the
context of the Housing Health and
Safety Rating System.
after consultation with the
appropriate Cabinet Member and
relevant Ward Members, the
designation of clearance and renewal
areas.
the licensing, prevention of
overcrowding, provision of means of
escape from fire and other fire
precautions and the management of
houses in multiple occupation:
to promote action to improve the
private sector housing stock in the
District and where appropriate to
achieve the Decent Homes Standard
in the context of the Council’s Private
Sector Housing Strategy
Power to make and act on decisions
regarding the following:
• payment of Housing and/or Council
Tax Benefit to applicants in
accordance with the Social security
Acts, and the Housing Benefit and
Council tax Benefit regulations, and
determination of representations
from applicants dissatisfied with any
decisions
• investigation of suspected cases of
fraud and authorising prosecution
proceedings.
81
Chief Executive,
any Corporate
Director, or Chief
Financial Officer
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
•
Officer(s)
granted
Delegation
classification and recovery of overpaid
Housing Benefit and Council Tax
Benefit, including authorisation of
court proceedings in line with Council
Write Off Policy, after consultation
with the Chief Solicitor.
the completion of all statutory and
necessary Housing Benefit Subsidy
and related returns in accordance
with regulation.
115. Information
Power to determine appeals against
rejections of requests for information
Chief Executive
116. Information
Power to make submissions to, and act on
recommendations from the Information
Commissioner or their representative.
Chief Executive
117. Information
Power to make determinations under the
Data Protection Act 1998 and Freedom of
Information Act 2000.
Chief Executive
118. Information
Technology
Power to determine the technical and
functional specification for any IT system or
hardware purchased on behalf of Hart
District Council and to determine criteria for
evaluation of tenders.
Chief Executive or
any Corporate
Director
119. Information
Technology
Power to dispose of redundant equipment up
to the sum identified in the financial
appendix, per individual item.
Chief Executive or
any Corporate
Director
120. Land
Contamination
Power to take appropriate action, including
expenditure up to the figure identified in the
Financial Appendix, to deal with land owned
by the Council which is contaminated within
the meaning of the Environmental Protection
Act 1990.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
121. Legal Issues
Power to authorise and issue any documents
for the purpose of any of the Council’s
functions including all court proceedings, and
to affix and attest the seal of the Council to
any deed or other document.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
82
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
122. Legal Issues
After consultation with the relevant Chief
Officer or Head of Service, may obtain the
opinion of Counsel on any question of doubt
or difficulty concerning the Council’s
business and to instruct Counsel to
represent the Council at any Court, Tribunal,
or Inquiry subject to the budget provision
not being exceeded.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
123. Legal Issues
Power to instruct Solicitors, Barristers or
Parliamentary Agents to represent the
Council subject to the budget provision not
being exceeded.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
124. Legal Issues
Power to authorise and enter into
arrangements for the appointment of
external suppliers of legal services to or on
behalf of the Council, subject to the budget
provision not being exceeded.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
125. Legal Issues
Power to apply to a Magistrates’ Court for
any Order or warrant of entry for the
purposes of the Town and Country Planning
Act 1990 s196B, or any other statutory
provision.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
126. Legal Issues
Power, after consultation with the relevant
Head of Service, to determine applications
from the Police for orders prohibiting
trespassory assemblies under the Public
Order Act 1986 s14A (and substituted by the
Criminal Justice and Public Order Act 1994).
Chief Executive,
any Corporate
Director, or Chief
Solicitor
127. Legal Issues
Power to be the Appointing Officer within
the meaning of the Party Wall Etc. Act 1996
s20.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
128. Leisure
Power to agree the terms and conditions of
hirings and lettings of those services and
resources within the Leisure Service.
Chief Executive,
any Corporate
Director, or Head
of Leisure
129. Leisure
Power, after consultation with the
appropriate Portfolio Holder, to set and levy
fees and charges for those services and
Chief Executive,
any Corporate
83
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
resources within the Leisure Service,
including::
• the negotiation of commercial and
non commercial fees and charges for
services and resources and entering
into contracts for such with third
parties.
• the waiving of fees and charges in
circumstances considered
appropriate.
Director, or Head
of Leisure
130. Leisure
Power to negotiate, agree terms and
conditions of contracts and enter into
contracts with third parties, for the delivery
or sponsorship of services and resources
either to or by the Leisure Service
Chief Executive,
any Corporate
Director, or Head
of Leisure
131. Leisure
Power to negotiate and agree terms and
conditions of contracts with third parties for
the Joint Provision or Joint Use or
partnership delivery of services provided to
or by the Leisure Service.
Chief Executive,
any Corporate
Director, or Head
of Leisure
132. Leisure
Power to issue licences for the recreational
use of open water under the ownership or
control of the Council.
Chief Executive,
any Corporate
Director, or Head
of Leisure
133. Leisure
Power to act on behalf of the Council on all
matters relating to the management of
Common land, and Sites of Special Scientific
Interest (SSSIs) under the Countryside and
Rights Of Way Act 2000 s28, and any other
legally designated sites.
Chief Executive,
any Corporate
Director, or Head
of Leisure
134. Licensing
Responsibility for exercising the Council’s
powers and duties including any related
enforcement action and recovery of costs, in
line with council policy and subject to any
statutory rights of appeal, in respect of the
following:
• Sunday trading, including authority to
appoint inspectors, and after
consultation with the relevant
Portfolio Holder, may designate or
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
84
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
Officer(s)
granted
Delegation
revoke the District as a loading
control area.
To approve or refuse registrations,
licences, certificates, permits or
consents and to take any other action
in respect of the following businesses
operating within the District: sex
establishments, street trading,
cinemas, theatres, places of public and
private entertainment, indoor
sporting events, and late night
refreshment houses.
135. Licensing
Power to exercise all of the Council’s
powers and duties in respect of: street
collections, house to house collections,
society lotteries, the use of machines for
amusement purposes, amusements with
prizes (except to refuse permits), track
betting licences; money lenders and pawn
brokers.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
136. Licensing
Power to license vehicles, drivers and
operators of hackney carriages and private
hire vehicles and authorise Officers to take
action in respect of these.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
137. Licensing
Power to issue, suspend, revoke or refuse
hackney carriage and private hire licences
and to issue private notices exempting
private hire vehicles from displaying a private
hire vehicle plate.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
138. Licensing
To exercise all of the Council’s powers and
duties in respect of cinemas, theatres, places
of public and private entertainment, indoor
sporting events, places at or in which alcohol
and/or late night refreshment is sold or
supplied, except:
• determining applications for premises
licences where representations have
been made; or
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
85
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
•
•
•
•
•
•
•
•
•
•
•
139. Licensing
Officer(s)
granted
Delegation
determining applications for
provisional statements where
representations have been made; or
determining applications for variation
of premises licences where
representations have been made; or
determining applications to vary
designated premises supervisors
following police objection; or
determining applications for transfer
of premises licences following police
objection; or
considering police objection made to
any interim authority notice; or
determining applications for club
premises certificates where
representations have been made; or
deciding to give counter-notice
following police objection to
temporary event notice; or
determining applications for grant of
personal licence following police
objection; or
revoking licences where convictions
come to light after grant; or
determining applications for review of
premises licences where relevant
representations have been made; or
determining applications for review of
club premises certificates where
relevant representations have been
made; or
reviewing any matter after the making
of a closure order where relevant
representations have been made.
Power, in respect of small lotteries:
• to register (but not refuse to register)
societies for the conduct of small
lotteries; and
• to cancel registrations upon
application from any society;
86
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
Officer(s)
granted
Delegation
to excuse payment of annual fees
where a registration is cancelled
within 4 months.
140. Media Relations
Power to authorise the making of
statements to the press and other media
(including radio and television appearances)
after consultation with the Leader of the
Council or relevant Cabinet Member
Chief Executive
and any
Corporate
Director
141. Media Relations
Power to authorise and approve
documentation to be published external to
Hart District Council.
Chief Executive
142. Media Relations
Responsibility for information to be published Chief Executive
on the Council’s website, Hart News, or
elsewhere.
143. Media Relations
Power to approve, if appropriate, requests
for the use of the Council’s logo by external
organisations.
Chief Executive or
any Corporate
Director
144. Media Relations
Power to enter into, or to terminate,
contract for the sale of advertising in Council
Publications.
Chief Executive or
any Corporate
Director
145. Member Issues
Power to approve Members’ attendance,
travel and subsistence at conferences
seminars and other events, if contained
within the budget.
Chief Executive
146. Member Issues
Power to determine whether meetings, visits
or other arrangements should be treated as
“approved duty” within the context of the
Scheme of Members’ Allowances
Chief Executive or
any Corporate
Director
147. Member Issues
Duty to establish and implement a
programme to measure, monitor and report
on the performance of the Council.
Chief Executive
148. Member Issues
Duty to determine an audit programme for
the Council and to report its conclusions to
the Audit Committee
Chief Executive
87
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
149. Member Issues
Power to authorise the attendance of
members at conferences as an approved duty
within the context of the Scheme of
Members’ Allowances.
Chief Executive or
any Corporate
Director
150. Member Issues
Power, after consultation with the
Chief Executive
Monitoring Officer, to implement and control
the tender opening procedure.
151. Partnerships
Power to authorise any action taken in
support of the project management of
partnership initiatives in the Community.
Chief Executive,
any Corporate
Director, or
Community Safety
Manager
152. Planning
Power to take decisions in accordance with
the Planning Scheme of Delegation as agreed
by Planning Committee.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
153. Planning
Power to make decisions whether to
withdraw or modify any notices or legal
proceedings having regard to circumstances
which become known after the original
decision of the Planning Committee to take
such action.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
154. Planning
Power to make applications to the Secretary
of State, or his Inspector, for awards of costs
in favour of the Council in respect of
planning matters.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
155. Planning
Power, after consultation with the
appropriate Portfolio Holder, to respond to
policy and other planning documents relevant
to Hart District, prepared by other bodies.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
156. Planning
Responsibility for exercising the Council’s
duty to maintain the Local Land Charges
Register, including the authorisation of new
entries, the correction of existing entries or
removal of non-subsisting entries from, the
Local Land Charges Register.
Head of
Regulatory
Services
88
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
157. Planning
Power to settle claims of awards of costs
awarded against the Council following
successful appeals, by an applicant, against a
Council Planning decision.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
158. Planning
Power, after consultation with the local
Ward Members representing the area
affected, to lodge objections against
applications for heavy goods vehicle
operators’ licences.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
159. Planning
Power to authorise the institution of legal
proceedings for failure to respond to, or to
give satisfactory information required by
Requisitions for Information, or Planning
Contravention Notices.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
160. Planning
Power to determine who shall be called to
give evidence at planning inquiries.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
161. Planning
Power, in accordance with the Council’s
Planning Scheme of Delegation, to determine
or decline to determine all planning
applications made, deemed to be made or
referred to the Council, together with
applications for certificates of Appropriate
Alternative Development.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
162. Planning
Power, in accordance with the council’s
Planning Scheme of Delegation, to make
determinations that it is not expedient to
take enforcement action.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
163. Planning
Power, in respect of agreements under the
Town and Country Planning Act 1990 s106
(as amended), to determine when to seek
such agreements and the terms of them in
conjunction with a planning application or
enforcement matter being dealt with under
the scheme of delegation; and to make
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
89
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
reasonable amendments to the heads of
terms or detailed terms of such agreements
if necessary after they have been approved by
the Planning Committee or the Council.
164. Planning
Power to adopt screening and scoping
opinions under the Environmental
Assessment Regulations.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
165. Planning
Power to carry out appropriate assessments
under the Habitat Regulations.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
166. Planning
Power to make non-material additions,
deletions, or amendments to the conditions
to be attached to the grant of planning
permission, listed building consent,
conservation area consent, hazardous
substances consent, or advertisement
consent, authorised by the Planning
Committee or Council.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
167. Planning
Power to determine the reasons for which
planning permission, listed building consent,
conservation area consent, hazardous
substances consent, or advertisement
consent, would have been refused where
this is relevant to appeals against the nondetermination of applications.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
168. Planning
Power, on a without prejudice basis in
relation to appeals in the event that the
Secretary of State or the appointed Inspector
is minded to grant permission:
• to suggest appropriate conditions to
be imposed on planning permissions,
listed building consent, conservation
area consent, hazardous substances
consent, or advertisement consent,;
and
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
90
Ref
No
Function
Delegated Power, Duty or
Responsibility
•
Officer(s)
granted
Delegation
to approve/make comments on the
terms of Section 106 Agreements or
unilateral undertakings
169. Planning
Power to authorise the service of Building
Preservation Notices.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
170. Planning
Power to respond to consultations for the
installation of overhead electricity cables
under the Electricity Acts.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
171. Planning
Power to determine non-material:
• minor amendments to approved
plans.
• the approval of details pursuant to
conditions on planning permissions,
listed building consent, conservation
area consent, hazardous substances
consent, or advertisement consent.
• variation or rescinding of conditions
on approved plans.
• minor variations to or the waiver of
conditions attached to deemed
consents (subject to a report being
submitted to the following meeting of
the Planning Committee)
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
172. Planning
Power to determine Certificates of
Lawfulness under the Town and Country
Planning Act 1990 ss191 or 192 (as
amended).
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
173. Planning
Power to make Tree Preservation Orders
and to determine applications made under
the Order, but not to determine Objections
to Orders.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
91
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
174. Planning
Power to authorise the issue of:
• Enforcement Notices,
• Stop Notices,
• Temporary Stop Notices,
• Breach of Condition Notices,
• Listed Building Enforcement Notices
• Conservation Area Enforcement
Notices,
• Section 215 Notices under the Town
and Country Planning Act 19990
• Hazardous Substances Enforcement
Notices, and
• Discontinuance Notices under the
Control of Advertisement Regulations
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
175. Planning
Power to take action in respect of
unauthorised placards, posters or display
structures under the Town and Country
Planning Act 1990 s225.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
176. Planning
Power to authorise the institution of legal
proceedings in respect of any matter within
the terms of reference of the Planning
Committee.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
177. Planning
Power to accept or reject as felt fit such
offers to remedy a breach of control as are
made under the Town and Country Planning
Act 1990 s171C(4) (as amended).
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
178. Planning
Power to designate authorised officers and
to serve Notices of Entry for the purposes of
the planning acts.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
179. Planning
Power to serve Requisitions for Information
as to ownership, occupation or other
interests in land.
Chief Executive,
any Corporate
Director, Head of
Regulatory
Services or Chief
Solicitor
92
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
180. Planning
Power to serve Planning Contravention
Notices on owners and occupiers of land
where it appears that a breach of planning
control has taken place.
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
181. Planning
Power to determine applications relating to
High Hedge legislation
Chief Executive,
any Corporate
Director, or Head
of Regulatory
Services
182. Property &
Asset
Management
Power in respect of any property managed
Chief Executive,
by the service, to instruct and appoint valuers any Corporate
for the purpose of Asset Valuations.
Director, Chief
Financial Officer
or any Head of
Service acting
within their
Service
183. Property &
Asset
Management
Power to negotiate terms on behalf of the
Council to take a lease, licence or to acquire
the freehold of land or premises where a
service need has been identified and
budgetary provision made up to a maximum
annual expenditure or consideration of the
figure to be found in the financial appendix;
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
184. Property &
Asset
Management
Power to submit applications for planning
permission, listed building consent and other
necessary consents in respect of
• Any works included in the Capital or
Revenue programme
• Any other matter, which has been
agreed after consultation with the
leader of the Council and the relevant
Ward Member(s).
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
185. Property &
Asset
Management
Power to determine valuation proposals and
appeals on behalf of the authority as
owner/occupier.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
93
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
186. Property &
Asset
Management
Power to make decisions on requests by
lessees for the Council’s consent as
freeholder where this is required by any
clauses contained in leases of industrial sites,
shops or other properties.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
187. Property &
Asset
Management
Power to authorise the service of notice of
the Council’s intention to determine leases,
with a view to their renewal on fresh terms if
the premises are not required for use by the
Council. However, Cabinet must approve
any such agreement if the annual lease
payment exceeds a sum identified in the
financial appendix.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
188. Property &
Asset
Management
Power to take any action required in respect
of trespass to the Council’s property.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
189. Property &
Asset
Management
Power to submit applications for planning
permission, listed building consent and other
necessary consents in respect of:
• any works included in the approved
Capital or Revenue programme.
• any other matter, which has been
agreed after consultation with the
Leader of the Council and the
relevant Ward Member(s).
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
190. Property &
Asset
Management
Power to authorise the taking of action,
including legal proceedings, for the recovery
of rent arrears or the possession of land or
other property in cases of non-payment of
rent or other breaches of the terms of leases
or licences.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
191. Property &
Asset
Management
Power to agree the level and application of
room hire rates for any property within the
specific budgetary control of the Head of
Service.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
94
Ref
No
Function
Delegated Power, Duty or
Responsibility
Officer(s)
granted
Delegation
192. Property &
Asset
Management
Power to authorise wayleave consents arising
from applications received from statutory
undertakers for the provision of
underground Conduits and overhead cabling,
which affect Council owned land.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
193. Property &
Asset
Management
Power to respond to notices served on the
Council, as landowner, under the Town and
Country Planning Act 1990 s65.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
194. Property &
Asset
Management
Power to deal with all matters relating to
recreational water use including fishing and
boating permits within the District on
Council owned or managed areas.
Chief Executive,
any Corporate
Director, or Head
of Leisure
195. Property &
Asset
Management
Power to respond to notices served on the
Council, as landowner, under the Town and
Country Planning Act 1990 s65.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
95
196. Property &
Asset
Management
After consultation with the Head of
Regulatory Services power to agree the level
of Section 106 or other contributions from
developers relating to transport.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
197. Property &
Asset
Management
Power to implement the relevant actions
under the Criminal Justice and Public Order
Act 1994 s61, in relation to nuisance
trespassers on lands.
Chief Executive,
any Corporate
Director, or Head
of Leisure
198. Property &
Asset
Management
Power to dispose of vehicles, machinery and
equipment and other assets surplus to the
Council’s requirements, subject to the
Council’s Financial Regulations and Standing
Orders applicable to Disposals.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
199. Property &
Asset
Management
Power, after consultation with the relevant
Cabinet Member, to make decisions on
request by lessees for the Council’s consent
as freeholder where this is required by any
clauses contained in leases of industrial sites,
shops or other properties;
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
200. Property &
Asset
Management
Power to take any action, including court
proceedings, required in respect of trespass
to the Council’s property;
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
201. Property &
Asset
Management
Power to authorise the taking of action,
including legal proceedings, for the recovery
of rent arrears or the possession of land or
other property in cases of non-payment of
rent or other material breaches of the terms
of leases or licenses.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
202. Property &
Asset
Management
Power to authorise the service of notices
and counter-notices under the Landlord and
Tenant Act 1954 Part II. The content of any
such notice shall be jointly determined by the
Head of Service and the Chief Solicitor.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
96
203. Staffing Issues
Power to approve extension of Officers’
service or early retirement on grounds of ill
health, subject to not exceeding budgetary
provision.
Chief Executive or
any Corporate
Director
204. Staffing Issues
Power to vary or apply subsistence
allowances, salaries, long service awards and
other conditions of employment as may be
affected by national determination or local
agreements.
Chief Executive or
any Corporate
Director
205. Staffing Issues
Power to enact efficiency or redundancy
retirements (where Cabinet authorisation
exists) and flexible employment contracts
within employment law. To determine the
application and interpretation of the National
and Local Awards.
Chief Executive
206. Staffing Issues
Power to terminate employment during, or
review salary on completion of, probationary
periods.
Chief Executive or
any Corporate
Director
207. Staffing Issues
Duty to be the nominated Officer for the
Council to contact the police in connection
with the disclosure of criminal records in
respect of certain prospective Officers as
identified under the applicable Home Office
Regulations.
Chief Executive
208. Staffing Issues
Power to authorise the direct costs and
related expenses of installing IT equipment at
an Officer’s home, where permission has
been granted for home working, subject to
not exceeding budgetary provision.
Chief Executive or
any Corporate
Director
209. Staffing Issues
Power to decide that posts are ‘politically
restricted’ under the provisions of The Local
Government and Housing Act 1989
Chief Executive
210. Staffing Issues
Power to agree requests for part-time
working and home working.
Chief Executive or
any Corporate
Director
211. Staffing Issues
Power to represent the Council at
disciplinary, grievance and other relevant
hearings and at Employment Tribunals.
Chief Executive or
any Corporate
Director
212. Staffing Issues
Power to represent the Council at meetings
with recognised Trade Unions and undertake
such local negotiations as are required.
Chief Executive or
any Corporate
Director
97
98
213. Staffing Issues
Power to sign on behalf of the Council all
Chief Executive
Terms and conditions of Employment relating
to appointment of staff.
214. Staffing Issues
Power to seek external legal advice specific
to the Council’s Human Resources function.
Chief Executive or
any Corporate
Director
215. Staffing Issues
Power to re-grade posts (subject to financial
limits) or restructure Departments (subject
to there being no net increased costs as a
result of the restructuring).
Chief Executive
216. Staffing Issues
Power, after consultation with the Leader
Chief Executive
and Chairman of Staffing Committee, to apply
the Council’s early Retirement/Redundancy
Scheme if costs can be contained within the
Budget and in accordance with Council
Redundancy Policy.
217. Staffing Issues
Power to determine and where necessary,
exercise discretion on, issues under the
National Conditions of Service for all
employees, except the Chief Executive.
Chief Executive
218. Staffing Issues
Power to take all necessary and reasonable
steps to avert or contain local industrial
action.
Chief Executive
219. Staffing Issues
Power to decide, in cases of redeployment
of Officers, whether protection of earnings
and other conditions of service shall apply.
Chief Executive
220. Staffing Issues
Power to authorise the payment of financial
assistance to Officers in accordance with the
Council’s Scheme.
Chief Executive
221. Staffing Issues
Power to authorise special leave of absence
in excess of normal entitlement.
Chief Executive
222. Staffing Issues
Power to award increments under the
performance provisions.
Chief Executive
223. Staffing Issues
Power to review annually, and where
necessary change annually the financial limit
for car loans granted to Officers under the
Assisted Purchase Scheme, in accordance
with the established formula.
Chief Executive
99
224. Staffing Issues
Power to review, and where necessary
change annually, the amount of Lump Sum
Subsistence Allowances paid to staff.
Chief Executive
225. Staffing Issues
Power to sign compromise or similar
agreements. (Explanation: agreements under
which employees agree to the termination of
their employment with the council)
Chief Executive
226. Staffing Issues
Power to engage permanent employees
below the level of Chief Officer within the
meaning of the Local Government and
Housing Act 1989 s2(8).
Chief Executive
227. Staffing Issues
Power to appoint staff within the approved
budget and in accordance with the Council’s
grading policy.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
228. Staffing Issues
After consultation with the Council’s Human
Resources advisers and within the overall
staffing policies approved by the Council
power to agree minor variations to the
conditions of service of staff within the
Service where this is considered to be
expedient, for the enhancement of service
delivery.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
229. Staffing Issues
Power to fill vacancies for all other
appointments below Head of Service level,
which are included in the approved
establishment of a department.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
230. Staffing Issues
Power to approve grading changes subject
to policy directives on salary determination.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
231. Staffing Issues
Power to authorise overtime working for the
Council’s employees and the appointment of
temporary staff and the use of agency and
other facilities when necessary, subject to
budget.
Chief Executive,
any Corporate
Director, or any
Head of Service
100
acting within their
Service
232. Staffing Issues
After consultation with the Chief Executive,
and subject to budgetary provision, power to
approve changes to the establishment
structure of the Service.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
233. Staffing Issues
Power to authorise Officers to attend
conferences and courses of not more than
one week’s duration, provided it is contained
within the budget.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
234. Staffing Issues
Power to authorise and make suitable
arrangements for post entry training.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
235. Staffing Issues
Power to authorise salary increments
including accelerated increments under the
National Joint Council Scheme of Conditions
of Services or any other local conditions.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
236. Statutory Issues
All statutory powers, duties and
responsibilities of the Head of Paid Service.
Chief Executive
237. Statutory Issues
Duty to act as the Proper Officer for the
purposes of the Local Government Act 1972
s96(2), (Explanation: concerning the declaration
of interests by members)
Chief Executive
238. Statutory Issues
Power to authorise, for the purpose of the
Local Government Act 1972 s223 and the
County Court Act 1984 s60, named Officers,
to prosecute or defend on the Council’s
behalf or to appear on its behalf in
proceedings in the Magistrates and County
Courts.
Chief Executive
239. Statutory Issues
Power to affix and attest the Seal of the
Council to any deed or other document.
Chief Executive
and any
101
Corporate
Director
102
240. Statutory Issues
Power to administer formal cautions within
the guidelines set out in Home Office
(Circular 59/1990 or any new guidelines from
time to time issued by the Home Office), and
the agreed codes and procedures of the
Council
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
241. Statutory Issues
Power to serve requisitions for information
as to ownership, occupation or other
interest in land for the purposes of any of the
functions performed by the service.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
242. Statutory Issues
Power to authenticate any documents
necessary for the exercise of delegated
powers
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
243. Statutory Issues
Power to apply for licenses of any
description.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
244. Statutory Issues
Power, to commence proceedings or
instigate legal proceedings for the purpose of
enforcing any decision of the Council where
this would be in the best interests of the
Council.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
245. Statutory Issues
Power to exercise statutory powers of entry Chief Executive,
and inspection for the purposes of any
any Corporate
functions performed by the service.
Director, or any
Head of Service
acting within their
Service
246. Statutory Issues
Power to sign Statements of Truth in civil
proceedings as required by the Civil
Procedure Rules 1998 Part 22.
103
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
247. Statutory Issues
All statutory powers, duties and
responsibilities of the Monitoring Officer.
Monitoring
Officer or their
Deputy
248. Statutory Issues
All statutory powers, duties and
responsibilities of the Chief Financial Officer.
Chief Financial
Officer
249. Statutory Issues
Power to authenticate any documents
necessary for the exercise of the functions of
the Planning Committee or of any powers
delegated to Officers by the Planning
Committee.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
250. Statutory Issues
Power to serve requisitions for information
as to ownership, occupation or other
interest in land for the purposes of any of the
functions of the Council and to take legal
proceedings for failure to provide
information required by a statutory
requisition for information
Chief Executive,
any Corporate
Director, or Chief
Solicitor
251. Statutory Issues
Power to make decisions on the
commencement or defence of civil or
criminal proceedings by the Council,
including any instance where it is being
considered by an Officer acting under
delegated powers.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
252. Statutory Issues
Power to authorise, if appropriate, staff to
appear on behalf of the District Council
County in Magistrates’ Court pursuant of the
County Courts Act 1984 s60 and the Local
Government Act 1972 s223.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
253. Statutory Issues
Power to act as the Proper Officer for the
purpose of the Local Government
(Miscellaneous Provisions) Act 1976 s41
(Evidence of Resolutions and Minutes of
Proceedings etc).
Chief Executive,
any Corporate
Director, or Chief
Solicitor
254. Statutory Issues
Power to take action in respect of
unauthorised encampments under the
Criminal Justice and Public Order Act 1994
ss77, 78 and 79
Chief Executive,
any Corporate
Director, or Chief
Solicitor
255. Statutory Issues
Power to give a Certificate of Opinion in
respect of any application to the Independent
Adjudicator for an application for exemption
Chief Executive,
any Corporate
Director, or Chief
Solicitor
104
from the political restrictions under the Local
Government and Housing Act 1989
256. Statutory Issues
Power to authorise legal proceedings, or
prosecution, in respect of offences under the
Town and Country Planning Acts and
associated legislation
Chief Executive,
any Corporate
Director, or Chief
Solicitor
257. Statutory Issues
Power to defend, or otherwise dispose of
proceedings against the Council.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
258. Statutory Issues
Power to represent the Council on appeals
to the Court in respect of all matters arising
under the Licensing Act 2003, including
applications for awards of costs
Chief Executive,
any Corporate
Director, or Chief
Solicitor
259. Statutory Issues
Power to act as the Proper Officer for:
• the purposes of the Local
Government (Committees and
Political Groups) Regulations 1990;
and
• the purposes of the Local
Government (Miscellaneous
Provisions) Act 1976 s41 (Evidence of
Resolutions and Minutes of
Proceedings etc).
Chief Executive,
any Corporate
Director, or Chief
Solicitor
260. Statutory Issues
Power to be the Single Point Of Contact
(“SPOC”) for the purpose of the Regulation
of Investigatory Powers Act, 2000.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
261. Street Closures
Power to determine applications under the
Town Police Clauses Act 1847 s21 for the
closure of roads in connection with street
parties to celebrate specific events,
processions and sporting events.
Chief Executive,
any Corporate
Director, or Chief
Solicitor
262. Tendering
Power to select, after consultation with the
relevant Cabinet Member, suitable firms to
tender for contracts who have replied to a
public notice, and to provide and maintain a
standing list of contractors and suppliers for
selective tendering in accordance with
Contracts Standing Orders.
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
105
263. Urgent
Decisions
Power to make urgent decisions after
consultation with the Leader (or Deputy
Leader in the absence of the Leader) of the
Council on any matters where it is not
practicable to refer these to a meeting of the
Council, the Cabinet or other Committee,
provided that a full report on any decisions
taken shall subsequently be made.
Chief Executive
and any
Corporate
Director
264. Urgent
Decisions
Where it is not practicable to call a meeting
of Cabinet or otherwise obtain an executive
decision to deal with any urgent matter
within the terms of reference of the Council,
Cabinet or Committee, and after
consultation with the Leader, Chief
Executive, Chairman of the Committee, or
their respective deputies, power to
implement an executive decision provided
that an urgent decision is necessary
Chief Executive,
any Corporate
Director, or any
Head of Service
acting within their
Service
265. Waste
Management
Power to decide on applications for back
door collections of refuse or green waste,
where applicable.
Chief Executive,
any Corporate
Director, or Head
of Technical
Services
106
INDEX TO PAGE NUMBERS OF SCHEME OF DELEGATION
Community Safety
63, 64, 75, 88
compromise or similar agreements
100
Conduct of Business
64
conferences and courses
101
Conservation (Natural Habitats etc.)
Regulations
90
consult
65
consultants
60
Consultation
65
Contaminated land
68
Contract Standing Orders
59, 60
contractors
60, 61, 105
costs 68, 70, 71, 72, 77, 78, 80, 84, 88, 89,
97, 99, 105
Council Tax
65, 66, 72, 81
Council Tax & Non-Domestic Rates 65,
66, 72, 81
Countryside and Rights Of Way Act
84
covert surveillance
66
Covert Surveillance
66
Crime and Disorder Act
64
Criminal Justice and Public Order Act 83
dangerous buildings, structures and
excavations
62
Data Protection Act
82
Decent Homes Standard
80
demolition
60, 80
dilapidated
70
disabled facilities grants
80
discharge of conditions
91
disciplinary, grievance and other relevant
hearings
97
disclosure of criminal records
97
Discretionary Rate Relief
65
documentation
87
dog control service
68
Drainage
67, 68
early retirement on grounds of ill health 97
early Retirement/Redundancy
99
Emergency Planning
68
Employment Tribunals
97
energy efficiency
80
enforcement action 68, 70, 71, 72, 77, 80,
84, 89
Enforcement Notices
92
Environment
68
Environmental Assessment Regulations 90
absence of Chairman or Cabinet Member
59
absence of the Chief Executive
66, 67
accelerated increments
101
Acceptable Behaviour Contract
63
affordable housing
78, 79
alcohol
85
amusement machines
85
Anti-social Behaviour
63
Anti-Social Behaviour Order
63
appeals against the non-determination of
applications
90
Appointment of Consultants and
Contractors
60
appointment of temporary staff
100
approved duty
87, 88
Asset Management
93, 94, 95, 96
Asset Valuations
93
audit programme
87
authenticate documents
103, 104
authorise legal proceedings
79, 105
back door collections of refuse or green
waste
106
bailiffs
66
Breach of Condition Notices
92
Building Control
60, 61, 62, 63, 67
Building Control Scheme of Prices
60
Building Preservation Notices
91
Building Regulation
61
capital projects
60
car loans
99
caravan and camping sites
77
CCTV
64
Certificate of Opinion
104
certificates of Appropriate Alternative
Development,
89
Certificates of Lawfulness
91
changes to the establishment structure 101
charges
60, 61, 68, 76, 83
charities
65
civil emergency
68
civil or criminal proceedings
104
closure of roads
76, 105
Closure Orders
63
Collection Fund.
75
Committee and Sub-Committee
membership
64
107
lease
93, 94
leases
94, 96
Leisure
83, 84, 96
lessees
94, 96
licence
85, 93
licences
68, 84, 85, 89, 94
licenses
96, 103
Licensing
85, 86, 105
light
65, 85
light pollution
68
Local Government (Committees and
Political Groups) Regulations
64, 105
Local Government (Miscellaneous
Provisions) Act
104, 105
Local Government and Housing Act
97
Local Government and Housing Act 1989
75, 97, 100, 104
Local Land Charges Register
88
local negotiations
97
logo
87
Magistrates’ Court
65, 72, 83, 104
make applications for planning permission
93, 94
mandatory or discretionary relief
65
Media Relations
87
Member Issues
87, 88
Members’ attendance, travel and
subsistence at conferences
87
minor amendments to approved plans 91
minor variations to conditions of service
100
Monitoring Officer
66, 67, 88, 104
Mortgage
77
mortgages
74, 77, 78
National Conditions of Service
99
Noise
72
noisy premises
63
Nomination Rights
78
nominations scheme
78
nominations to registered social landlords
78
non-payment of accounts
65, 72
non-payment of rent
94, 96
notices
61, 65, 67, 77, 85, 88, 95, 96
Notices
61, 66, 89
Notices of Entry
92
Oil Pollution
68
override decisions
66
overtime working
100
environmental audits
68
Environmental Health
63, 68, 70, 71, 72
Environmental Protection Act
82
evidence at planning inquiries
89
fees
83, 86
Finance
60, 66, 67, 73, 74, 75, 80
financial assistance to Officers
99
Financial Regulations
59, 60, 78, 96
fishing and boating permits
95
flooding
67
Food safety and standards
70
formal cautions
103
fraud
81
Freedom of Information Act
82
grading changes
100
grant
64, 66, 72, 80, 85, 90
hackney carriages and private hire vehicles
85
harassment
77, 78, 79
hardship
65
Head of Paid Service
101
health education training
68
Health, safety and welfare at work
71
High Hedge
93
Highways, Transport and Parking 75, 76,
77
hirings and lettings
83
home renovation works
80
home working
97
homelessness
79
house to house collections
85
houses in multiple occupation
80
Housing 73, 74, 75, 77, 78, 79, 80, 81, 100,
104
housing advances
74
Housing Register
78
increments
99, 101
industrial action
99
infectious disease
71
Information Commissioner
82
installing IT equipment at an Officer’s
home
97
insurable risks
73
insurance
73, 77
intentionally homeless
79
interpretation
66, 97
Land Contamination
82
land drainage
67, 70
Landlord and Tenant Act
96
108
security
64, 81
seek listed building consent
93, 94
selective tendering
105
single point of contact (“SPOC”)
105
Sites of Special Scientific Interest
84
small lotteries
86
society lotteries
85
special leave of absence
99
sponsorship
84
SSSIs
84
Staffing Issues
97, 99, 100, 101
Standing Orders
59, 96, 105
Statements of Truth
103
statements to the press and other media
87
statutory powers of entry
103
Stop Notices
92
Street Closures
105
street collections
85
street naming and numbering
67
street parties
105
sub-delegation of powers
59
Sunday trading
84
sundry debts
65, 72
support to the emergency services
68
sustainability
68
television
87
tender for contracts
105
tender opening procedure
88
Tendering
66, 105
tenure mixes
79
Terms and conditions of Employment 99
Timetable of Meetings
64
Town Police Clauses Act
105
Trade Unions
97
Treasury
73
Tree Preservation Orders
91
trespass
94, 96
trespassers
96
trespassory assemblies
83
unauthorised placards or posters
92
unauthorized encampments
104
unlawful eviction
77, 78, 79
urgent decisions
106
Urgent Decisions
106
urgent matter
106
use of agency and other facilities
100
valuers
93
variation or rescinding of conditions
91
partnership initiatives
88
Partnerships
88
part-time working
97
Party Wall Etc. Act
83
Planning 60, 61, 62, 63, 65, 67, 68, 72, 75,
79, 83, 88, 89, 90, 91, 92, 93, 95, 96,
104, 105
Planning Contravention Notices
93
Planning Scheme of Delegation
88, 89
politically restricted posts
97
pollution
72
post entry training
101
Power to appoint staff
100
Power to engage permanent employees
100
Power to fill vacancies
100
Power to instruct Solicitors or
Parliamentary Agents
83
priority need
79
probationary periods
97
Proper Officer
101, 104, 105
protection of earnings and other
conditions of service
99
Public Order Act
83, 96, 104
radio
87
recreational water use
95
Ref No
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entry on page 60
refunds
65
refuse collections
64, 68, 72, 84, 85, 86,
106
refuse entry
64
re-grading of posts
99
regularisation certificates
63
Regulation of Investigatory Powers Act 66,
105
rent arrears
78, 94, 96
requisitions for information
103, 104
Requisitions for Information
89, 92
Reservoirs Act
68
restructuring of Departments
99
retirements
97
room hire rates
94
sale of advertising
87
Sanitation
70
Scheme of Members’ Allowances 87, 88
seal
78, 82
Seal
101
Section 106
90, 96
109
vehicles, machinery and equipment 73, 96
verminous premises
70
virement
60, 74
Waste Management
106
water quality
68, 70, 84, 95
watercourses
wayleave
website
write-off
110
67
95
87
74
HART DISTRICT COUNCIL
CONSTITUTION
PART 4
RULES OF PROCEDURE
111
Part 4.1
COUNCIL PROCEDURE RULES
(STANDING ORDERS)
112
October 2015
Council Procedure Rules
(Standing Orders)
The purpose of these Council Procedure Rules is to permit the reasoned and courteous conduct of
business during meetings of the Council and its Committees. Such rules determine the bounds of
acceptable conduct beyond which Members will lay themselves open to censure and penalty. All
Members are therefore enjoined and required to behave, during such meetings, with decorum and to
respect the rights of other Members to join in the debate irrespective of their views or affiliation.
INTERPRETATION
1
Interpretations – Words , Phrases, and Definitions
Page
123
PART A - COUNCIL MEETINGS
2
Annual Meeting of the Council
126
3
Ordinary Meetings
127
4
Extraordinary Meetings
129
5
Chairman and Vice-Chairman
130
6
Appointment of substitute Members of Committees and Sub-Committees 131
7
Chairmanship of Overview and Scrutiny Committee
131
8
Notice of, and Summons to, Meetings
131
9
Chairing of Meeting
132
10
Quorum
132
11
Duration of Meeting
133
12
Public Question Time
133
13
Petitions
134
14
Questions from Members
135
15
Formal Motions Requiring Notice
137
16
Procedural Motions (and Amendments) Not Requiring Notice
137
113
October 2015
17
Rules of Debate
139
18
Cabinet and Committee Minutes and Recommendations
142
19
Voting
143
20
Minutes
145
21
Exclusion of Public from Confidential Matters
145
22
Members’ Conduct
146
23
Disorderly Conduct – Members of the Public
147
24
Suspension and Amendment of the Procedure Rules
147
25
Variation and Revocation of the Constitution
148
PART B – COMMITTEE MEETINGS
26
Application of Procedure Rules to Committees
149
27
Meetings
149
28
Committees
149
29
Special Meetings
150
30
Items on Committee Agenda
150
31
Quorum
151
32
Sub-Committees
1501
33
Right of Member to Speak
151
34
Urgent Business
151
35
Working Parties
152
36
Notice of and Summons to Committee Meetings
152
37
Chairing a Committee or Sub-Committee Meeting
152
38
Order of Business (Committees)
153
114
October 2015
39
Procedural Motions and Amendments not Requiring Notice
153
40
Personal Explanation
154
41
Employee of the Council
154
42
Voting
154
43
Minutes (Committee Meetings)
156
44
Committee Meetings – Confidentiality
156
45
Disorderly Conduct
157
PART C - MISCELLANEOUS
46
Council Procedure Rules to be given to Members
159
47
Declarations of Interest
159
48
Validity of Proceedings
159
49
Inspection of Documents and Minutes
159
50
General Prohibitions
160
APPENDICES
1
SUBSTITUTIONS - Practice Note for appointment of substitute
members of Committees and Sub-Committees
161
2
PUBLIC QUESTIONS - Council’s Scheme for Public Questions
162
3
PETITIONS – Hart District Council’s Petition Scheme
165
4
FORMAL MOTIONS – Practice Note
170
115
October 2015
INTERPRETATION
1.
Interpretation - Words, Phrases and Definitions
1.1
In these Council Procedure Rules (the Rules), unless the context otherwise
demands, the following terms have the meaning assigned to them:
relates to those Rules of Procedure by which the Council has a statutory obligation
to comply and cannot suspend.
“Annual Meeting” - the Annual Meeting of the Council held in accordance with the
provisions of Schedule 12 of the 1972 Act.
“the 1972 Act” - the Local Government Act 1972.
“the 2000 Act” - the Local Government Act 2000.
“Cabinet” - the Executive body appointed by the Leader to carry out all of the
Authority’s functions which are not the responsibility of any other part of the local
authority.
"Chairman" - the Chairman of the Council or the Chairman for the time being of a
meeting.
“Chief Executive” - the Head of the Authority’s Paid Service (the person designated
by Council as such under Section 4 of the Local Government and Housing Act
1989) or other authorised person acting as such in the absence of the Head of the
Authority’s Paid Service.
“the Clerk” – the Committee or other Officer present and taking the Minutes of
the meeting.
"committee" - unless the context otherwise requires, means a standing committee
appointed by the Council, or a sub-committee appointed by a committee or a
policy panel appointed by Cabinet.
"the Council" - the Hart District Council;
“Council Procedure Rules” - these procedural rules
"Designated Officer" - means the person appointed as such by resolution of
Council, or if none the Chief Executive.
"employee" - an employee of the Council or the holder of a paid office under the
Council.
“the Executive” – the Leader and members of the Cabinet
“Leader of the Council” – the person appointed by the Council by resolution.
116
October 2015
"Leader of the Minority Group" - the person elected as their leader by the
members of the largest minority group.
“LGPIH 2007” means local Government and Public Involvement in Health Act
2007.
"meeting" - a meeting of the Council, a committee, sub-committee or policy panel,
as the case may be.
"Member" - in relation to the Council, a Member of the Council; in relation to the
Cabinet, the Leader or a person appointed as a Member of the Cabinet by the
Leader; in relation to any committee, sub-committee or policy panel, a person
appointed as a member of that committee, sub-committee or policy panel, whether
or not entitled to vote.
"Monitoring Officer" - the person designated as such by the Council under Section
5 of the Local Government and Housing Act 1989 (Designation and Reports of
Monitoring Officer) or, if that person is unable to act owing to absence or illness,
the person nominated as his deputy under sub-section (7) of Section 5.
“Overview and Scrutiny Committee” – the Overview and Scrutiny Committee of
the Council.
"person presiding" - the person entitled, or appointed, to preside at any meeting.
"political or other formally constituted group of Members" - a group of Members
constituted or formally organised as a group for political purposes in pursuance of
Section 15 of the Local Government and Housing Act 1989 and regulations made
thereunder;
"Proper Officer" - the person designated as such by the Authority;
“Relevant Authority” - a relevant authority as defined in S83(1) and S49(6) of the
2000 Act which includes a county council, a county borough council, a district
council, a parish council, a town council, a community council, and a police
authority. This list is not exhaustive.
"Section 151 Officer" - the person designated as such by the Council under Section
151 of the Local Government Act 1972 (Officer Responsible for the Proper
Administration of the Financial Affairs of the Council);
“Senior Officer” for the purpose of the Overview and Scrutiny Rules means a Chief
Officer, Deputy Chief Officer, Corporate Director or Head of Service or a person
acting in that capacity.
“writing” includes e-mail.
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October 2015
Interpretation - General
1.2
At any meeting of the Council or a Committee or Sub-Committee, the ruling of the
Chairman as to the construction or application of any of these Rules, or as to the
proceedings of the Council, a Committee or Sub-Committee, is not to be
challenged.
1.3
Any reference in the Rules, or in any Standing Orders amending or replacing any of
the Rules, to any Act of Parliament, Statutory Instrument, Regulation, Order or
Bye-Law will be deemed to include a reference to the same as subsequently
amended and to any re-enactment thereof for the time being in force.
1.4
Unless the context otherwise admits, any reference to:
1.5
1.4.1
words of the masculine gender will include the feminine gender
1.4.2
words in the singular will include the plural and vice versa
1.4.3
"the Chief Executive" will include any officer acting in the capacity of the
Chief Executive in the absence of the Chief Executive.
For the purpose of calculating "clear days" under the Rules the day of the meeting,
the day on which notice is received, and any day on which the main offices of the
Council are not open to the public will be excluded. For the avoidance of doubt,
nothing contained in the Rules will permit any notice under Rules Nos. 8 and 36, 12
or 15 (Summons to a Meeting, Questions by Public, and Motion on Notice
respectively) to be received on any of the days mentioned in Section 243(1) of the
1972 Act (ie Sunday, Christmas Break, Easter Break, Bank Holiday Break or a day
appointed for public thanksgiving or mourning), or any Saturday.
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October 2015
Part A – Council Meetings
2.
ANNUAL MEETING OF THE COUNCIL
2.1
The Annual Meeting of the Council shall be held:
2.1.1
in a year in which there is an election of councillors, on a day within twentyone days immediately following the day of retirement of Councillors;
2.1.2
in any other year, on a day in May.
Timing and Business
2.2
The Annual Meeting and other Council and Cabinet meetings shall be held at 7 pm
at the Civic Offices, Harlington Way, Fleet, unless the Council or the Cabinet
decides otherwise at a previous meeting, or the Chief Executive in conjunction
with the Chairman decides a change of time or venue would be in the interests of
the Council.
Order Of Business
2.3
The Annual Meeting will:
2.3.1
elect a person to preside if the Chairman of the Council is not present
2.3.2
elect the Chairman of the Council
2.3.3
elect the Vice-Chairman of the Council
2.3.4
approve the minutes of the last meeting
2.3.5
receive any announcements from the Chairman and/or Chief Executive
2.3.6
elect the Leader (in the year in which the current Leader’s term of office
expires)
2.3.7
the Leader will announce the composition of the Cabinet to be comprised
of the Leader and not less than two nor more than nine Members .
2.3.8
appoint at least one Overview and Scrutiny Committee, a Standards
Committee and such other committees as the Council considers
appropriate to deal with matters which are neither reserved to the Council
nor are Executive functions
2.3.9
consider any business set out in the Notice convening the meeting.
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Selection of Councillors on Committees
2.4
At the Annual Meeting, the Council will:
2.4.1
decide which committees to establish for the municipal year
2.4.2
decide the size and terms of reference for those committees
2.4.3
decide the allocation of seats and substitutes to political groups in
accordance with the political balance rules
2.4.4
receive nominations of Members to serve on each committee.
3.
ORDINARY MEETINGS
3.1
Ordinary meetings will:
3.1.1
elect a person to preside if the Chairman and Vice- Chairman are not
present
3.1.2
approve the Minutes of the last ordinary meeting including the Annual
Meeting, and any intervening extraordinary meeting
3.1.3
receive any declarations of interest from Members
3.1.4
receive any announcements from the Chairman, Leader, members of the
Cabinet or the Chief Executive.
3.1.5
receive questions from, and provide answers to, the public in relation to
matters which in the opinion of the Chairman (or person presiding) are
relevant to the business of the meeting
3.1.6
deal with any business from the last Council meeting
3.1.7
receive reports from the Executive and Committees and receive questions
and answers on any of these reports
3.1.8
receive reports about, and receive questions and answers on, the business
of joint arrangements and external organisations
3.1.9
consider motions
3.1.10 consider any other business specified in the summons to the meeting
including consideration of proposals from the executive in relation to the
Council’s budget and policy framework and reports of the Overview and
Scrutiny committees for debate.
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ORDER OF BUSINESS
All Council Meetings (other than the Annual Meeting)
3.2.
Except as otherwise provided by Rules Nos. 3.2.1 (Election of Chairman) and 3.3
(Changes in Order of Business), the order of business at meetings shall be:
3.2.1
to elect a person to preside if the Chairman and the Vice-Chairman are not
present
3.2.2
to deal with any business expressly required by Statute to be done
3.2.3
to approve the Minutes of the last meeting of the Council, and for the
Chairman to sign as a correct record
3.2.4
to receive apologies for absence
3.2.5
to receive any declarations of interest from Members
3.2.6
to answer questions asked by members of the public under Rule No. 12
3.2.7
to receive petitions
3.2.8
to answer questions asked under Rules Nos. 14.1 and No. 14.2
3.2.9
to receive a report from the Chief Executive on any urgent business
3.2.10 to receive any announcements from the Chairman
3.2.11 to receive any announcements from the members of the Cabinet and to
receive questions and answers from Members thereon
3.2.12 to receive reports and questions and answers on Cabinet and Committee
Minutes and debate Recommendations contained in them
3.2.13 to receive reports about, and receive questions and answers on, the
business of joint arrangements and external organisations
3.2.14 to consider motions under Rule No. 15 in the order in which notice has
been received
3.2.15 other business, if any, specified in the Summons, including consideration of
proposals from the Cabinet in relation to the Council's budget and policy
framework and reports of the Scrutiny Committee for debate
3.2.16 to receive an update from a Member where he is a representative of the
Council on an outside body.
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Changes in Order of Business
3.3
4.
The position of Rules Nos. 3.2.1 and 3.2.3 shall not be altered, but the position of
other items listed therein may be varied:
3.3.1
by the Chairman at his discretion
3.3.2
by a resolution passed on a motion (which need not be in writing), moved,
seconded and put without discussion.
EXTRAORDINARY MEETINGS
Calling extraordinary meetings
4.1
The Chairman may call an extraordinary meeting of the Council at any time.
4.2
Those listed below may request the proper officer to call Council meetings in
addition to ordinary meetings:
4.2.1
the Council by resolution
4.2.2
the Chairman of the Council
4.2.3
the Monitoring Officer
4.2.4
any five Members of the Council, if they have signed a requisition presented
to the Chairman of the Council and he has refused to call a meeting or has
failed to call a meeting within seven days of the presentation of the
requisition. In the event that the Chairman fails, or is unable, to comply,
then the provisions contained within paragraph 3 of Schedule 12 of the
1972 Act apply.
Time and place of meetings
4.3
The time and place of meetings will be determined by the Chief Executive and
notified in the summons.
Business to be Transacted
4.4
Except in the case of business required by or under the 1972 Act or other
applicable statutory provision, or any other Act, to be transacted at the Annual
Meeting of the Council, and any other business brought before that Meeting as a
matter of urgency in accordance with the Rules, no business shall be transacted at a
meeting of the Council other than that specified in the Summons relating to it.
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Annual Budget Meeting
4.5
The Chairman, at his discretion, may convene a meeting solely for the purpose of
considering proposals for the Council’s Annual Budget and any matter reasonably
ancillary to such proposals.
5.
CHAIRMAN
Election of Chairman
5.1
The first business transacted at the Annual Meeting of the Council shall be the
Election of the Chairman of the Council by the Council from among the Members.
5.2
If, but for Rules Nos. 5.4 and 5.8, the person presiding at the meeting would have
ceased to be a Member, he shall not be entitled to vote in the Election, except in
accordance with Rule No. 9.5.
Term of Office
5.3
The Chairman shall, unless he resigns or becomes disqualified, continue in office
until his successor becomes entitled to act as Chairman.
5.4
During his term of office, the Chairman shall continue to be a Member,
notwithstanding the provisions of the 1972 Act relating to the retirement of
Councillors.
Precedence
5.5
The Chairman shall have ceremonial precedence in the District but not so as to
affect Her Majesty’s prerogative.
VICE-CHAIRMAN
Appointment
5.6
The Council shall at the Annual Meeting elect a Member to be Vice-Chairman.
Term of Office
5.7
The Vice-Chairman shall, unless he resigns or becomes disqualified, hold office until
immediately after the election of a Chairman at the next Annual Meeting of the
Council.
5.8
During his term of office he shall continue to be a Member, notwithstanding the
provisions of the 1972 Act relating to the retirement of Councillors.
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Absence of Chairman
5.9
In the absence of the Chairman, anything authorised or required to be done by, to,
or before the Chairman, may be done by, to, or before the Vice-Chairman.
6.
APPOINTMENT OF SUBSTITUTE MEMBERS OF COMMITTEES AND
SUB-COMMITTEES
Substitution by “Resign and Replace
6 7
8
6.1
Political proportionality must be maintained
6.2
The Councillor being nominated by the Group Leader (or his designated deputy) as
the substitute must be eligible to sit on the committee concerned 9. Each of the
Councillors affected shall be deemed to have agreed to the substitution.
6.3
Wherever possible a Member substituted into the Planning Committee or the
Licensing Committee should have received the necessary training. To this end,
Group Leaders should maintain a list of suitably trained Members for the two
committees.
6.4
Substitutions must occur no later than thirty minutes prior to the meeting of
Committee concerned; and at that meeting substituted Members should announce
themselves for the benefit of any public present.
7.
CHAIRMANSHIP OF OVERVIEW AND SCRUTINY COMMITTEE
7.1
The Chairman of the Overview and Scrutiny Committee cannot be from the same
political party as the Executive: unless all political parties are represented on the
Executive.
8.
NOTICE OF AND SUMMONS TO MEETINGS
8.1
At least five clear days before a meeting of the Council 10:
8.1.1
notice of the time and place of the intended meeting shall be published at
the Civic Offices, Harlington Way, Fleet and, when the meeting is called by
Members, the Notice shall be signed by those Members and shall specify the
business proposed to be transacted at the meeting
Members are appointed to Committees in the normal way. However, if a Member cannot attend a particular
Committee Meeting (or series of meetings) then he may resign from that Committee, and the relevant Political
Group Leader can nominate a replacement member. The Chief Executive has the delegated authority to
accept the resignation and to appoint the replacement Member (and then vice versa after the period of
replacement has ended).
7
Please refer to Appendix 1 for a note as to how Resign and Replace is likely to work in practice.
8
eg a Group can only substitute a Councillor from the same Group.
9
ie a Cabinet Member can not sit on an Overview and Scrutiny Committee.
10
‘Clear’ days - see Section1 Interpretation, para 1.5 for clarification
6
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8.1.2
a Summons to attend the meeting, specifying the business proposed to be
transacted at it and signed by the Proper Officer, shall, subject to Rule No.
8.2 below, be left at, or sent by post to, the usual place of residence of
every Member.
8.2
If a Member notifies the Proper Officer in writing that he desires Summonses to be
sent to him at some address specified in the Notice other than his place of
residence, a Summons addressed to him and left at, or sent by post to, that address
shall be deemed sufficient service of the Summons
8.3
Want of service of a Summons on any Member shall not affect the validity of a
meeting of the Council.
9.
CHAIRING OF MEETING
9.1
At a Council Meeting, the Chairman, if present, shall preside.
9.2
If the Chairman is absent from a Council Meeting, the Vice-Chairman, if present,
shall preside.
9.3
If both the Chairman and the Vice-Chairman are absent from a Council Meeting,
the Council shall elect another Member from those present to preside.
9.4
The Member presiding at the meeting shall exercise the powers or duties of the
Chairman in relation to the conduct of the meeting.
9.5
In the case of an equality of votes the person presiding at the meeting shall give a
casting vote in addition to any other vote he may have.
10.
QUORUM
10.1
Subject to Rule No. 10.2, no business shall be conducted at any Council Meeting
unless at least one-quarter (9) of the whole number of Members are present.
10.2
Where more than one third (12) of the whole number of Members become
disqualified at the same time, then until the number of Members in office is
increased to not less than two thirds (24) of the whole number of Members, the
quorum shall be determined by reference to the number of Members remaining
qualified instead of by reference to the whole number of Members.
10.3
If, at any time during the meeting, if the Clerk counts the number of Members
present and declares to the Chairman that there is not a quorum present, the
Chairman will adjourn the meeting immediately. The remaining business will be
considered at a time and date fixed by the Chairman. If he does not fix a date, the
remaining business will be considered at the next ordinary meeting.
10.4
Any Member may call for the number of Members present to be counted by the
Clerk.
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11.
DURATION OF MEETING
11.1
In the event that a meeting has lasted more than four hours a vote will be taken on
whether to continue or adjourn the meeting. In the event of an adjournment, the
remaining business will be considered at a time and date fixed by the Chairman. If
the Chairman does not fix a date, the remaining business will be considered at the
next ordinary meeting.
12.
PUBLIC QUESTION TIME
General
12.1
Members of the public may ask questions of the Leader, Members of the Executive
or any Chairman of a Committee at ordinary meetings of the Council in
accordance with the Council’s scheme for public questions (Appendix 2).
Order of questions
12.2
Questions will be asked in the order notice of them was received, except that the
Chairman may group together similar questions, or if there is more than one
questioner, the Chairman may, at his/her discretion, adjust the order of questions
to enable all questioners to have their first question heard before moving on to
allow second or subsequent questions.
Notice of questions
12.3
A question may only be asked if notice has been given by delivering it in writing to
the Chief Executive no later than midday five days before the day of the meeting.
Each question must give the name and address of the questioner.
Scope of questions
12.4
The Chief Executive may reject a question if it:
12.4.1 is not about a matter for which the local authority has a responsibility or
which affects the District
12.4.2 is defamatory, frivolous, vexatious, or offensive
12.4.3 is substantially the same as a question which has been put at a meeting of
the Council in the past six months
12.4.4 requires the disclosure of confidential or exempt information.
Members Questions (Public Question Time)
12.5
Subject to the consent of the Chairman, Members may ask questions or make
comments on matters raised during public question time.
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Record of questions
12.6
The Chief Executive will note each question and make a record available to the
public including those questions rejected under Rule No. 12.4, unless contrary to
public policy.
12.7
Copies of the questions accepted will be circulated to all Members and will be
made available to the public attending the meeting.
Asking the question at the meeting
12.8
The Chairman will invite the questioner to put his question. If a questioner who has
submitted a written question is unable to be present, he may ask the Chairman to
put the question on his behalf. The Chairman in asking the question on the
questioner’s behalf may indicate that a written reply will be given.
Time Limits
12.9
The time allowed for each question shall be 2 minutes.
12.10
The time allowed for each answer shall be 2 minutes.
12.11
The total time allowed for both questions and answers shall be 20 minutes. This
limit may be extended at the discretion of the Chairman.
Supplementary question
12.12
A questioner who has put a question in person may, without notice, also put one
supplementary question to the Member who has replied to his original question.
The supplementary question must arise directly out of the original question or the
reply. The Chairman may reject a supplementary question on any of the grounds in
Rule 12.4.
Written answers
12.13
Any question which cannot be dealt with during public question time, either
because of lack of time or because of the non-attendance of the Member to whom
it was to be put, will be dealt with by a written answer.
13.
PETITIONS
13.1
Application by a Member or any other person or persons for a petition to be
received at a meeting must be made to the Chief Executive not less than five clear
working days prior to the meeting. 11
11
‘Clear’ days - see Section1 Interpretation, para 1.5 for clarification
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13.2
The subject matter of the petition shall be referred to the Cabinet, the appropriate
Cabinet Member or the Committee (or such other more appropriate outside
organisation) which normally deals with business of that nature.
13.3
Petitions may be submitted at any time to the Leader or the relevant Cabinet
Member and will be referred in accordance with Rule No. 13.2.
13.4
Petitions will be dealt with in accordance with the process set out in Appendix 3.
14.
QUESTIONS FROM MEMBERS
On Minutes of the Cabinet and Committees containing
Recommendations
14.1.
At any meeting, a Member may ask the Leader or the Chairman of a Committee
any question, without notice, about any item of, respectively, the Cabinet or the
relevant Committee when that item is being received or under consideration by
the Council. The Leader or the Chairman of a Committee may refer that question
to a Cabinet Member for answer, if it is considered more appropriate.
On Any Subject
14.2
A Member may ask the Chairman, the Leader or the Chairman of a Committee a
question on any matter in relation to which the Council has powers or duties or
which affects the District, provided that Rules Nos. 14.3 and 14.4 shall apply.
Notice of questions
14.3
A Member may only ask a question under Rule 14.2 if they have given at least two
clear days’ notice in writing of the question to the Chief Executive. 12
On Urgent Business
14.4
A Member may, with the permission of the Chairman, put to him, the Leader, or
Chairman of any Committee, any question relating to urgent business. The text of
the question shall be given to the Chief Executive before 10 am on the morning of
the day of the meeting. When exercising his discretion under this Rule, the
Chairman will consider, among other things, whether the question is of such
urgency as to require consideration at the Council meeting concerned, and
whether it could have been asked under Rule No. 14.2.
Supplementary Questions
14.5
12
A Member asking a question under Rules No. 14.3 or 14.4 may also put, without
notice, one supplementary question to the Member to whom the first question was
asked. The supplementary question must arise directly out of the original question
or the reply to it.
‘Clear’ days - see Section1 Interpretation, para 1.5 for clarification
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Rejection of Questions
14.6
The Chief Executive may reject a question if it:
14.6.1 is not about a matter for which the Council has duties or powers or which
affects the District
14.6.2 is defamatory, frivolous or offensive
14.6.3 is substantially the same as a question that has been put at a meeting of the
Council in the past six months
14.6.4 requires the disclosure of exempt information. If a question requires
disclosure of exempt information, the answer given will be treated as
confidential.
Answering Questions
14.7
The Chairman will invite the Member who gave notice of the question to put it to
the appropriate Member. Every question shall be put and answered without
discussion.
14.8
The Member to whom a question has been put may decline to answer.
14.9
The answer to a question may take the form of:
14.9.1 an oral answer
14.9.2 where the answer cannot conveniently be given orally, a written answer is
to be sent to the questioner and copied to all other Members
14.9.3 provided that the Member to whom a question has been put may decline to
answer.
14.10
Any Member may move that a matter raised by a question be referred to the
Cabinet or an appropriate committee. Once seconded, such a motion will be
voted on without discussion.
14.11
The Chairman may refuse a question or comment being made by a Member if he
considers the Member is unduly delaying the proceedings of the Council.
Time Limits
14.12
The time allowed for each question shall be one minute.
14.13
The time allowed for each answer shall be two minutes.
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14.14
After the Council has spent 15 minutes on questions from Members, the Chairman
shall have discretion, taking into account the further business to be transacted at
the meeting, to direct that any outstanding questions should, subject to Rule No.
14.8, receive a written answer, which will be sent to the Member asking the
question and copied to all Members.
15.
FORMAL MOTIONS REQUIRING NOTICE
15.1
Notice of every motion, other than a motion given under Rule No. 16 shall be
given in writing, signed by the Member or Members giving notice, and delivered to
the Chief Executive at least seven clear days before the Council Meeting at which it
is due to be considered. 13 These will be entered in a book that is open for public
inspection. See Appendix 4 - Practice Note For Formal Motions Requiring Notice.
Inclusion in Summons
15.2
All motions given under Rule No. 15.1 shall be set out in the Council Summons in
the order in which they were received unless the Member giving notice states, in
writing, that he proposes to move his motion to a later meeting or withdraw it.
Withdrawal of Motion
15.3
If a motion thus set out in the Summons is not moved either by the Member who
gave notice thereof or by some other Member on his behalf, it shall, unless
postponed by consent of the Council, be treated as withdrawn and shall not be
moved without further fresh notice.
Reference of Motion to Cabinet or Committee
15.4
If the subject matter of a motion of which notice has been duly given comes within
the province of the Cabinet or a Committee, it shall, upon being moved and
seconded, be referred without discussion to the Cabinet or Committee, or to such
other Committee as the Council may determine for consideration and report.
However, the Chairman may, if he considers it convenient and conducive to the
despatch of business, allow the motion to be dealt with at the meeting at which it is
brought.
Relevance of Motions
15.5
Motions must be about matters for which the Council has a responsibility or which
affect the District.
16.
PROCEDURAL MOTIONS (AND AMENDMENTS) NOT REQUIRING
NOTICE
16.1
The following motions and amendments may be moved without notice:
13
‘Clear’ days - see Section1 Interpretation, para 1.5 for clarification
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16.1.1
to appoint a Chairman of the meeting at which the motion is moved
16.1.2
about the accuracy of the Minutes
16.1.3
to change the order of business in the agenda
16.1.4
to refer something to an appropriate body or individual
16.1.5
to appoint a committee or Member arising from an item on the
summons for the meeting
16.1.6
to receive reports or adoption of recommendations of Cabinet,
committees or officers and any resolution following from them
16.1.7
to withdraw a motion
16.1.8
to extend the time limit for a speech or speeches
16.1.9
to amend a motion
16.1.10
to proceed to the next business
16.1.11
that the question be now put
16.1.12
to adjourn a debate
16.1.13
to adjourn a meeting. In the event of a motion “that the Council do
now adjourn” not being carried, such a motion shall not be proposed
again within a period of thirty minutes, and then only at the discretion of
the Chairman
16.1.14
that a specified Rule be suspended in accordance with Rule No. 24
16.1.15
to exclude the public and press during the whole or part of a meeting
pursuant to the provisions of Section 100A(4) of the 1972 Act
16.1.16
to not hear further a Member named under Rule No. 22.3, or to
exclude a Member named under Rule No. 22.4 from the meeting
16.1.17
to give consent of the Council where consent is required by the
Constitution
16.1.18
Any Member may move that a matter raised by a question (during Public
Question Time) be referred to the Executive or the appropriate
committee or sub-committee. Once seconded, such a motion will be
voted on without discussion.
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Motions affecting persons employed by the Council
16.2
If any question arises at a meeting as to the appointment, promotion, dismissal,
salary, superannuation, conditions of service, personal circumstances or conduct of
any person employed by the Council, such question shall not be the subject of
discussion until the meeting has decided under Rule No. 21 whether the public
should be excluded.
17.
RULES OF DEBATE
No speeches until motion seconded
17.1
No speeches may be made after the mover has moved a proposal and explained
the purpose of it until the motion has been seconded.
Right to require motion in writing
17.2
Unless notice of the motion has already been given, the Chairman may require it to
be written down and handed to him before it is discussed.
Seconder’s speech
17.3
When seconding a motion or amendment, a Member may reserve his speech until
later in the debate.
Content and length of speeches
17.4
Speeches must be directed to the subject of debate or to a personal explanation or
point of order. No speech may exceed three minutes without the consent of the
Chairman.
When a Member may speak again
17.5
A Member who has spoken on a motion may not speak again whilst it is the subject
of debate, except:
17.5.1 to speak once on an amendment moved by another Member
17.5.2 to move a further amendment if the motion has been amended
17.5.3 If his first speech was on an amendment moved by another Member, to
speak on the main issue (whether or not the amendment on which he
spoke was carried)
17.5.4 in exercise of a right of reply
17.5.5 on a point of order
17.5.6 by way of personal explanation
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17.5.7 by way of a point of information.
Amendments to motions
17.6
An amendment to a motion must be relevant to the motion, may not have the
effect of being a direct negative to the motion itself, and will either be:
17.6.1 to refer the matter to an appropriate body or individual for consideration
or reconsideration
17.6.2 to leave out words
17.6.3 to leave out words and insert or add others
17.6.4 to insert or add words
17.7
Only one amendment may be moved and discussed at any one time. No further
amendment may be moved until the amendment under discussion has been
disposed of.
17.8
If an amendment is not carried, other amendments to the original motion may be
moved.
17.9
If an amendment is carried, the motion as amended takes the place of the original
motion. This becomes the substantive motion to which any further amendments
may be moved.
17.10
After an amendment has been carried, the Chairman will read out the amended
motion before accepting any further amendments, or if there are none, put it to
the vote.
Alteration of motion
17.11
A Member may alter a motion of which he has given notice with the consent of the
meeting. The meetings consent will be signified without discussion.
17.12
A Member may alter a motion which he has moved without notice with the
consent of both the meeting and the seconder. The meeting’s consent will be
signified without discussion.
17.13
Only alterations which could be made as an amendment may be made.
Withdrawal of motion
17.14
A Member may withdraw a motion which he has moved with the consent of both
the meeting and the seconder. The meeting’s consent will be signified without
discussion. No Member may speak on the motion after the mover has asked
permission to withdraw it unless permission is refused.
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Right of reply
17.15
The mover of a motion has a right to reply at the end of the debate on the motion,
immediately before it is put to the vote.
17.16
If an amendment is moved, the mover of the original motion has the right of reply
at the close of the debate on the amendment, but may not otherwise speak on it.
17.17
The mover of the amendment has no right of reply to the debate on his or her
amendment.
Motions which may be moved during debate
17.18
When a motion is under debate, no other motion may be moved except the
following procedural motions:
17.18.1
to withdraw a motion
17.18.2
to amend a motion
17.18.3
to proceed to the next business
17.18.4
that the question be now put
17.18.5
to adjourn a debate
17.18.6
to adjourn a meeting
17.18.7
that the meeting continue beyond four hours in duration.
17.18.8
to exclude the public and press in accordance with the Access to
Information Rules
17.18.9
to not hear further a Member named under Rule No. 22.3 or to
exclude them from the meeting under Rule No. 22.4.
Closure motions
17.19
A Member may move, without comment, the following motions at
speech of another Member:
17.19.1
to proceed to the next business
17.19.2
that the question be now put
17.19.3
to adjourn a debate
17.19.4
to adjourn a meeting.
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17.20
If a motion to proceed to the next business is seconded and the Chairman thinks
the matter has been sufficiently discussed, he will give the mover of the original
motion a right of reply and then put the procedural motion to the vote.
17.21
If a motion that the question be now put is seconded and the Chairman thinks the
matter has been sufficiently discussed, he will put the procedural motion to the
vote. If it is passed he will give the mover of the original motion a right of reply
before putting his motion to the vote.
17.22
If a motion to adjourn the debate or to adjourn the meeting is seconded and the
Chairman thinks the matter has not been sufficiently discussed and cannot
reasonably be so discussed on that occasion, he will put the procedural motion to
the vote without giving the mover of the original motion the right of reply.
Point of order
17.23
A Member may raise a point of order at any time. The Chairman must hear him
immediately. A point of order may only relate to an alleged breach of the Rules or
the law. The Member must indicate the rule or law and the way in which he
considers it has been broken. The ruling of the Chairman on the matter will be
final.
Personal explanation
17.24
A Member may make a personal explanation at any time. A personal explanation
may only relate to some material part of an earlier speech by the Member in the
debate which may appear to have been misunderstood. The ruling of the Chairman
on the admissibility of a personal explanation will be final and shall not be open to
discussion.
Point of information
17.25
A Member may raise a point of information during another Members’ speech. It is
within the absolute discretion of the Chairman to decide to accept the information.
It is also within the discretion of the speaker to accept or decline the information.
During the raising of this point of information the time allowed to the speaker will
be extended to include the point of information.
18.
CABINET AND COMMITTEE MINUTES AND RECOMMENDATIONS
Presentation
18.1
The Chairman, or Vice-Chairman, of the Committee (or the Chairman, or ViceChairman of the meeting) shall, where the Minutes of the Cabinet or Committee
contain recommendations, move “That the recommendations contained in Minutes
numbered….. of the meeting of the Cabinet or Committee be adopted”.
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18.2
This motion shall be seconded by another Member who was present at the
meeting, and debate shall be allowed only on Minutes containing recommendations.
18.3
The remainder of the Minutes of each Cabinet or committee shall be deemed to
have been received if they are listed under the heading “Minutes of Cabinet and
Committees” in the Council Summons.
18.4
Questions may be asked in respect of Committee minutes at the time such minutes
are received by the Council.
Consideration by Council
18.5
The recommendations of the Cabinet or a committee shall be put to the Council
by the Chairman one at a time.
Rescission of preceding resolution
18.6
No motion to rescind any resolution passed within the preceding six months, and
no motion or amendment to the same effect as one which has been rejected within
the preceding six months, shall be proposed unless the notice thereof, given in
accordance with Rule No.15 bears the names of at least ten Members. When the
Council has disposed of any such motion or amendment, it shall not be open to any
Member to propose a similar motion within a further period of six months.
Exemption of Committee Recommendations
18.7
Rule No. 18.6 shall not apply to motions moved in accordance with the
recommendations of the Cabinet or a committee.
19.
VOTING
Majority
19.1
Unless this Constitution provides otherwise, any matter will be decided by a simple
majority of those Members present in the room and voting at the time the question
was put.
Chairman’s casting vote
19.2
If there are equal numbers of votes for and against, the Chairman will have a
second or casting vote. There will be no restriction on how the Chairman chooses
to exercise his casting vote.
Show of hands
19.3
Unless a recorded vote is demanded under Rule No. 19.4, the Chairman will take
the vote by show of hands, or if there is no dissent, by the affirmation of the
meeting.
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Recorded vote
Recorded votes will occur and be recorded in the minutes:
19.4
a
Immediately after any vote is taken at a budget decision meeting .
b
If five Members present at the meeting demand it, prior to the vote being
taken, the names for and against the motion or amendment or abstaining
from voting will be taken down in writing and entered into the Minutes.
19.5
In the case of a recorded vote, Members’ names shall be called and their votes
recorded immediately.
19.6
Any Member absent from the meeting for whatever reason at the time that the
recording of votes is commenced or is taking place shall not have his vote recorded
if he subsequently enters or re-enters the meeting. A note to this effect shall be
recorded in the Minutes of the particular meeting.
Right to require individual vote to be recorded
19.7
Where any Member requests it immediately after the vote is taken, his vote will be
so recorded in the minutes to show whether he voted for or against the motion or
abstained from voting.
Voting on appointments
19.8
If there are more than two people nominated for any position to be filled by the
Council, and there is not a clear majority in favour of one person, then the name of
the person with the least number of votes will be withdrawn and a new vote taken.
This procedure shall be repeated until a majority of votes is given in favour of one
person. In the event of multiple vacancies for one body each Member shall have
the number of votes equal to the number of vacancies and such votes are to be
distributed between the Candidates.
Chairman’s Declaration
19. 9
The Chairman shall ascertain the numbers voting for or against a question, and his
declaration as to the result shall be conclusive.
19.10
If five or more Members are not satisfied with the Chairman’s decision they may
require the vote to be taken again by means of a recorded vote. Any challenge to
the decision shall be made immediately.
Council Tax
19.11
If a meeting considers matters relating to the level of Council Tax, any Member
who is at least two months in arrears with payment of his Council Tax shall
disclose that fact to the meeting. Such a Member may speak on the matters but
shall not vote on them.
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20.
MINUTES
20.1
Minutes of the proceedings of Meetings shall be drawn up and entered in a book or
on consecutively numbered loose leaves. A copy of the Minutes of every meeting
shall, prior to the next ordinary meeting of the Council, be sent to each Member.
20.2
The Chairman will sign the minutes of the proceedings at the next suitable meeting.
The Chairman will move that the Minutes of the previous meeting be signed as a
correct record. The only aspect of the Minutes that can be discussed is their
accuracy.
20.3
Where in relation to any meeting, the next meeting for the purpose of signing the
minutes is a meeting called under paragraph 3 of Schedule 12 to the 1972 Act (an
Extraordinary Meeting), then the next following meeting (being a meeting called
otherwise than under that paragraph) will be treated as a suitable meeting for the
purposes of paragraphs 41(1) and (2) of Schedule 12 relating to the signing of
minutes.
Form of Minutes
20.4
Minutes will contain all motions and amendments (including the questions and
supplementary questions asked at the meeting, together with the answers given) in
the exact form and order the Chairman put them.
Record of attendance
20.5
All Members present during the whole or part of the meeting must sign their
names on the attendance sheets provided before the conclusion of every meeting
to assist with the record of attendance. Any apology for absence tendered by a
Member shall be recorded in the Minutes of the meeting.
21.
EXCLUSION OF PUBLIC FROM CONFIDENTIAL MATTERS
Admission of Press, Media and Public to Meetings of the Council and
Committees
21.1
The press, media and public will be admitted to all Council and Committee
meetings in accordance with the provisions of the 1972 Act, unless the Council,
Committee or Sub-Committee, by resolution, excludes the press, media and public
on the grounds that:
21.1.1 it is likely, in view of the nature of the business to be transacted or the
nature of the proceedings, that if members of the public were present there
would be disclosure to them of exempt information as defined in Section
100 I of The 1972 Act, (as amended) or
21.1.2 confidential information as defined in Section 100A(3) of The 1972 Act
would be disclosed.
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21.2
Members of the media, public and press may only be excluded either in accordance
with the Access to Information Rules in Part 4 of this Constitution or Rule No. 22
(Disturbance by Public).
21.3
No member of the public, press or media will be permitted to address the meeting
unless invited to do so by the Chairman.
21.4
The public, and media representative shall comply with the directions of the
Chairman during a Council meeting.
21.5
The public, press and media shall not make sound recordings of the Council
meetings, nor take photographs or video recordings of the proceedings without the
prior permission of the Chairman.
Confidentiality
21.6
Where a relevant body shall have resolved to exclude the public from a meeting
pursuant to Section 100A(2) or (4) of the Local Government Act 1972, a Member
of the Council who attends the meeting shall not, without permission of the
relevant body, disclose any matter dealt with or discussed in the absence of the
public until that matter has been reported to the Council and is not subject to any
stipulation that the matter shall continue to be regarded as exempt or confidential;
or until the matter has been communicated to the Press by or with the authority of
the relevant body.
21.7
All agenda, reports, other documents and proceedings relating to any business
discussed at any meeting of the Council, Committee or Sub-Committee from which
the public have been excluded under Rules No. 21 or No. 44 shall be treated as
confidential until they become public in the ordinary course of Council business.
21.8
Nothing elsewhere in Rules No. 21 or No. 44 shall preclude the Chief Executive or
person nominated by him from communicating to the Press, prior to the Minutes of
the Cabinet, Committee or Sub-Committee being presented to the Council,
resolutions and recommendations of the Cabinet Committee or Sub-Committee
concerning those items of a confidential nature, where such action has been
authorised by the Cabinet, Committee or Sub-Committee.
22.
MEMBERS' CONDUCT
Standing to speak
22.1
When a Member speaks at full Council where possible they must stand and address
the meeting through the Chairman. If more than one Member stands, the Chairman
will ask one to speak and the others must sit. Other Members must remain seated
whilst a Member is speaking unless they wish to make a point of order or a point of
personal explanation. In which case they must stand and wait to be invited to speak
by the Chairman who will call them at his discretion.
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Chairman standing
22.2
When the Chairman stands during a debate, any Member speaking at the time must
stop and sit down. Members present at the meeting must be silent.
Member not to be heard further
22.3
If a Member persistently disregards the ruling of the Chairman by behaving
improperly or offensively or deliberately obstructs business, the Chairman may
move that the Member be not heard further. If seconded, the motion will be voted
on without discussion.
Member to leave the meeting
22.4
If the Member continues to behave improperly after such a motion is carried, the
Chairman may move that either the Member leaves the meeting or that the
meeting is adjourned for a specified period. If seconded, the motion will be voted
on without discussion.
General disturbance
22.5
In the event of a general disturbance among Members which, in the opinion of the
Chairman, renders the due and orderly despatch of business impossible, the
Chairman may, without the question being put, adjourn the meeting for such
period as he, at his discretion, shall consider appropriate.
23.
DISORDERLY CONDUCT – MEMBERS OF THE PUBLIC
23.1
If a member of the public, press or media interrupts the proceedings at any
meeting, the Chairman shall warn him of his misbehaviour. If he continues, the
Chairman may order his removal from the room.
General Disturbance
23.2
If there is a general disturbance in any part of the meeting room open to the public,
the Chairman may call for that part to be cleared and may adjourn the meeting for
such period as he, at his discretion, shall consider appropriate.
23.3
The Chairman may order the removal of a member of the public, press or media
from the meeting room if he is disrupting the meeting, and if there is a general
disturbance the Chairman may adjourn the meeting.
24.
SUSPENSION AND AMENDMENT OF THE PROCEDURE RULES
Suspension
24.1
With the exception of those Rules that are required by law (Rule No. 19.4 Recorded Vote, and Rule No. 20.3 - No requirement to sign minutes of previous
meeting at extraordinary meeting) any Rule may be suspended at a meeting where
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its suspension is moved. Such suspension when moved must state the duration of
the suspension proposed which may not be more than the remainder of the
meeting at which it is moved.
24.2
A motion to suspend a Rule will not be moved without notice unless at least one
half of the whole number of the Members of the Council or Committee are
present.
25.
VARIATION AND REVOCATION OF THE CONSTITUTION
25.1
Any motion to change the Constitution will, when proposed and seconded, be
referred without discussion to the next ordinary meeting of the Council. This
clause will not apply to:
25.1.1 the appointment of additional committees or the allocation or re-allocation
of duties between committees; or
25.1.2 variation of the membership or terms of reference of any committee.
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Part B – Committee Meetings
26.
APPLICATION TO COMMITTEES AND SUB-COMMITTEES
26.1
All of the Rules apply to meetings of full Council. None of the rules apply to
meetings of the Executive.
The Executive operates in accordance with the Cabinet and Executive Procedure
Rules set out in Part 4-5 of the Constitution.
27.
MEETINGS
27.1
Council and Committee meetings shall be held at 7.00 pm at the Civic Offices,
Harlington Way, Fleet, unless the Council or the Cabinet decides otherwise at a
previous meeting, or the Chief Executive considers a change of time or venue
would be in the interests of the Council and the Chairman agrees.
27.2
All meetings of the Overview and Scrutiny Committee shall be held at 7.00 pm
unless all Members of the Committee agree otherwise. All meetings of the
Overview and Scrutiny Committee will be held at the Civic Offices, Harlington
Way, Fleet, unless, in exceptional circumstances, the Chairman of the Committee
agrees otherwise after consultation with all the other Members of the Committee.
28.
COMMITTEES
Appointment
28.1.
The Council shall at the Annual Meeting appoint such committees as are required
to be appointed by or under Rule No. 2 and may at any time appoint such other
committees and sub-committees as are necessary to carry out the work of the
Council. Subject to any statutory provision in that behalf, the Council:
28.1.1 shall not appoint any Member of a committee to hold office later than the
next Annual Meeting of the Council
28.1.2 except in the event of a Joint Committee, the Council may appoint a
Member to a Committee for such period as it may determine
28.1.3 may at any time dissolve a Committee or alter its membership.
Constitution of Committees
28.2
Standing Committees of the Council shall have such terms of reference as may
from time to time be approved by the Council.
28.3
The Planning Committee shall where practicable have 11 Members comprising the
maximum of one representative from each Ward providing this is consistent with
the provisions of the Local Government and Housing Act 1989 and any regulations
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made thereunder. When a Member from a particular Ward is unable or unwilling
to serve on this committee, a Member from any adjoining Ward may be selected in
his place.
28.4
The Cabinet Member for Planning, if not a Member of the Planning Committee in
his own right, shall be a member ex officio but without voting rights.
Election of Chairman
28.5
Every committee shall at its first meeting, before proceeding to any further
business, elect a Chairman for the year.
28.6
No Committee shall have the same Chairman for a period of more than three
consecutive Municipal Years, or parts thereof, except by consent of the Council.
Election of Vice Chairman
28.7
Every Committee shall at its first meeting, and after having appointed a Chairman
but before proceeding to any further business, elect a Vice-Chairman for the year.
Eligibility for Election as Chairman of a Committee
28.8
The Chairman and Vice-Chairman of the Council shall not be eligible for election as
Chairman of any standing committee but shall be eligible for election as Chairman
of an ad-hoc Committee, Working Party or Sub-Committee.
29.
SPECIAL MEETINGS
Special Meetings – Called by Chairman
A special meeting of any Committee may be called at any time by the Chairman (or
in his absence by the Vice-Chairman) of that Committee. At least five clear days’
notice of the meeting shall be given. 14
Special Meetings – Requisitions by Members
29.2
A special meeting of a Committee may also be called on the requisition of one third
of the whole number of the committee delivered in writing to the Chief Executive.
The Summons to a special meeting shall set out the business to be considered.
30.
ITEMS ON COMMITTEE AGENDA
30.1
Any Member has the right to place up to one item per Member per cycle on a
Committee agenda, provided that it is received by the Chief Executive no later
than:
14
‘Clear’ days - see Section1 Interpretation, para 1.5 for clarification
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30.1.1 two weeks before the date of the meeting in respect of an item not
requiring officers to provide information
30.1.2 three weeks before the date of the meeting in respect of an item that
requires officers to provide further information.
31.
QUORUM OF COMMITTEE
31.1
No business shall be transacted at a meeting of any committee unless at least one
quarter of the whole number of the committee is present, provided that in no case
shall the quorum be fewer than three Members.
32.
MEMBERSHIP OF SUB-COMMITTEE
32.1
A Committee may appoint non-Members of the Council to a Sub-Committee. A
Sub-Committee may not be granted delegated powers unless at least two thirds of
its membership are Members of the Council.
Quorum of Sub-Committee
32.2
No business shall be transacted at a meeting of a Sub-Committee unless at least
half of the whole number of the Sub-Committee is present, provided that in no
case shall the quorum be fewer than three Members of the Council.
33.
RIGHT OF MEMBER TO SPEAK
33.1
A Member, not being a Member of a Committee, may attend a meeting of that
Committee, but shall not have the right to participate on any questions discussed,
except with the permission of the Chairman.
Right of Mover of a Motion to Explain
33.2
A Member who has moved a motion in Council which has been referred to a
Committee shall, if he attends that meeting, have an opportunity of explaining the
motion.
34.
URGENT BUSINESS
34.1
No business shall be transacted at any meeting of a Committee or Sub-Committee
unless it has been included on the agenda for the meeting, except where a decision
upon any matter is urgently required and the Chairman of the meeting is of the
opinion that the item should be considered at the meeting as a matter of urgency
pursuant to Section 100B (4)(b) 15 of the 1972 Act, with a written officer report.
15 LGA 1972 “ by reason of special circumstances which shall be specified in the Minutes, the
Chairman of the meeting is of the opinion that the item shall be considered at the meeting as a matter
of urgency”
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35.
WORKING PARTIES
35.1
Any Committee may set up a Working Party, which shall consist of not less than
two people one of whom shall be a Member, for the detailed study of any matter
referred to it. Such a Working Party shall report to the body from which it was
formed and shall not have any authority to incur expenditure on behalf of the
Council.
35.2
Working Parties and their Terms of Reference shall include a definition of the
objects of the Working Party and the manner and times at which it shall report
back.
36.
NOTICE OF AND SUMMONS TO MEETINGS
36.1
At least five clear days before a meeting of Committees and Sub-Committees:
36.1.1 notice of the time and place of the intended meeting shall be published at
the Civic Offices, Harlington Way, Fleet and, when the meeting is called by
Members, the Notice shall be signed by those Members and shall specify the
business proposed to be transacted at the meeting
36.1.2 a Summons to attend the meeting, specifying the business proposed to be
transacted at it and signed by the Proper Officer, shall, subject to Rule No.
36.2 below, be left at, or sent by post to, the usual place of residence of
every Committee or Sub-Committee Member.
36.2.
If a Member gives notice in writing to the Proper Officer that he desires
Summonses to be sent to him at some address specified in the Notice other than
his place of residence, any Summons addressed to him and left at, or sent by post
to, that address shall be deemed sufficient service of the Summons.
36.3
Want of service of a Summons on any Member shall not affect the validity of a
meeting of the Committee or Sub-Committee.
37.
CHAIRING OF A COMMITTEE AND SUB-COMMITTEE MEETING
37.1
At a Committee or Sub-Committee meeting, the Chairman, if present, shall
preside.
37.2
If the Chairman is absent from a Committee or Sub-Committee meeting, the ViceChairman, if present, shall preside.
37.3
If both the Chairman and the Vice-Chairman are absent from a Committee or SubCommittee meeting, the Committee shall elect another Member from those
present to preside.
37.4
The Member presiding at the meeting may exercise the powers or duties of the
Chairman in relation to the conduct of the meeting.
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37.5
During the meeting, if the Chairman counts the number of Members present and
declares there is not a quorum present, the meeting will adjourn immediately.
Remaining business will be considered at a time and date fixed by the Chairman. If
he does not fix a date, the remaining business will be considered at the next
ordinary Committee or Sub-Committee meeting.
38.
ORDER OF BUSINESS
38.1
to elect a person to preside if the Chairman and Vice Chairman are not present.
38.2
to deal with any business expressly required by Statute to be done.
38.3
to approve as a correct record, and for the Chairman to sign, the minutes of the
last Committee meeting including any intervening special meeting.
38.4
to receive apologies for absence.
38.5
to receive any declarations of interest from Members.
38.6
to receive any announcements from the Chairman.
Changes in the order of business
38.7
The position of items 38.1 and 38.3 listed in Rule No. 38 shall not be altered, but
the position of other items listed therein may be varied:
38.7.1 by the Chairman at his discretion
38.7.2 by a resolution passed on a motion (which need not be in writing), moved,
seconded, and put without discussion.
39.
PROCEDURAL MOTIONS (AND AMENDMENTS) NOT REQUIRING
NOTICE
39.1
The following motions and amendments may be moved without notice:
39.1.1
appoint a Chairman of the meeting at which the motion is moved
39.1.2
about the accuracy of the Minutes
39.1.3
change the order of business in the agenda
39.1.4
refer something to an appropriate body or individual
39.1.5
appoint a Sub-Committee or Member arising from an item on the
Summons for the meeting
39.1.6
withdraw a motion
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39.1.7
amend a motion
39.1.8
proceed to the next business
39.1.9
that the question be now put
39.1.10 to adjourn a debate
39.1.11 adjourn a meeting. In the event of a motion “that the Committee do now
adjourn” not being carried, such a motion shall not be proposed again
within a period of thirty minutes, and then only at the discretion of the
Chairman
39.1.12 that a specified Rule be suspended in accordance with Rule No.24
39.1.13 exclude the public, media and press during the whole or part of a meeting
pursuant to the provisions of Section 100A(4) of the 1972 Act
39.1.14 to not hear further a Member named under Rule No. 22.3 or to exclude
from the meeting a Member named under Rule No. 22.4.
40.
PERSONAL EXPLANATION
40.1
A Member may make a personal explanation at any time. A personal explanation
may only relate to some material part of an earlier speech by the Member which
may appear to have been misunderstood in the present debate. The ruling of the
Chairman on the admissibility of a personal explanation will be final and shall not be
open to discussion.
41.
EMPLOYEE OF THE COUNCIL
41.1
If any question arises at a meeting as to the appointment, promotion, dismissal,
salary, superannuation, conditions of service, personal circumstances or conduct of
any person employed by the Council, such a question shall not be the subject of
discussion until the meeting has decided under Rule No. 39.1.13 whether the
public, press and media should be excluded.
42.
VOTING
Majority
42.1
Unless this Constitution provides otherwise, any matter will be decided by a simple
majority of those Members voting and present in the room at the time the question
was put. In the case of a recorded vote, Members’ names shall be called and their
votes recorded immediately.
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Chairman’s casting vote
42.2
If there are equal numbers of votes for and against, the Chairman will have a
second or casting vote. There will be no restriction on how the Chairman chooses
to exercise a casting vote.
Show of hands
42.3
Unless a recorded vote is demanded under Rules 42.4 or 42.5, the Chairman will
take the vote by show of hands, or if there is no dissent, by the affirmation of the
meeting.
Recorded vote
42.4
If proposed and seconded, the voting on any question shall be recorded, to show
whether each Member present voted for or against the question or abstained from
voting.
42.5
Any Member absent from the meeting for whatever reason at the time that the
recording of votes is commenced or is taking place shall not have his vote recorded
if he subsequently enters or re-enters the meeting. A note to this effect shall be
recorded in the Minutes of the particular meeting.
Right to require individual vote to be recorded
42.6
Where any Member requests it immediately after the vote is taken, his vote will be
so recorded in the minutes to show whether he voted for or against the motion or
abstained from voting.
Voting on appointments
42.7
If there are more than two people nominated for any position to be filled by the
Committee or Sub-Committee, and there is no clear majority in favour of one
person, then the name of the person with the least number of votes will be
withdrawn and a new vote taken. This procedure shall be repeated until a majority
of votes is given in favour of one person. In the event of multiple vacancies for
one body each Member shall have the number of votes equal to the number of
vacancies and such votes shall be distributed between the Candidates.
Chairman’s Declaration
42.8
The Chairman shall ascertain the numbers voting for or against any question, and
his declaration as to the result shall be conclusive.
42.9
Any challenge to the decision shall be made immediately, and the Chairman may
require the vote to be taken again or a recorded vote to be taken.
42.10
If five or more Members are not satisfied with the Chairman’s decision they may
require the vote to be taken again by means of a recorded vote.
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42.11
Where five or more Members stand and each has indicated to the Chairman that
they are not satisfied with the Chairman’s decision, the Chairman shall cause a
recorded vote to be taken.
Council Tax
42.12
If a meeting considers matters relating to the level of Council Tax any Member
who is at least two months in arrears with payment of his Council Tax shall
disclose that fact to the meeting. Such a Member may speak on the matters but
shall not vote on them.
43.
MINUTES (COMMITTEE AND SUB-COMMITTEE MEETINGS)
43.1
Minutes of a meeting (including the questions and supplementary questions asked at
the meeting, together with the answers given) shall be drawn up and entered in a
book or on consecutively numbered loose leaves. A copy of the Minutes of every
meeting shall be sent to each Member prior to the next ordinary meeting of the
Committee.
43.2
The Chairman of the Committee or Sub-Committee will sign the minutes of the
proceedings at the next suitable meeting. The Chairman will move that the
minutes of the previous meeting be signed as a correct record. The only aspect of
the minutes that can be discussed is their accuracy.
44.
EXCLUSION OF PUBLIC FROM CONFIDENTIAL MATTERS
Admission of Press, Media and Public to Meetings of the Committees
and Sub-Committees
44.1
The press, media and public will be admitted to all Council and committee meetings
in accordance with the provisions of the 1972 Act, unless the Committee or SubCommittee, resolves to exclude the press, media and public on the grounds that:
44.1.1 it is likely, in view of the nature of the business to be transacted or the
nature of the proceedings, that if members of the public were present there
would be disclosure to them of exempt information as defined in Section
100 I of the 1972 Act, (as amended) or
41.1.2 confidential information as defined in Section 100A(3) of the 1972 Act
would be disclosed.
44.2
Members of the public, media and press may only be excluded either in accordance
with the Access to Information Rules in Part 4 of this Constitution or Rule No. 22
(Disturbance by Public).
44.3
No member of the public, media or press will be permitted to address the meeting
unless invited by the Chairman.
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44.4
The public, press and media shall comply with the directions of the Chairman
during a meeting.
44.5
The public, press and media shall not make sound recordings of Committee or
Sub-Committee meetings, nor take photographs or video recordings of the
proceedings without the prior permission of the Chairman.
Confidentiality
44.6
Where a relevant body shall have resolved to exclude the public from a meeting
pursuant to Section 100A(2) or (4) of the 1972 Act, a Member who attends the
meeting shall not, without permission of the relevant body, disclose any matter
dealt with or discussed in the absence of the public until that matter has been
reported to the Council and is not subject to any stipulation that the matter shall
continue to be regarded as exempt or confidential; or until the matter has been
communicated to the press by or with the authority of the relevant body.
44.7
All agenda, reports, other documents and proceedings relating to any business
discussed at any meeting of a Committee or Sub-Committee from which the public
have been excluded under Rule Nos. 21 or 44 shall be treated as confidential until
they become public in the ordinary course of Council business.
44.8
Nothing in Rules Nos. 21 or 44 shall preclude the Chief Executive or person
nominated by him from communicating to the Press, prior to the Minutes of the
Cabinet or a Committee or Sub-Committee being presented to the Council,
resolutions and recommendations of the Cabinet or a Committee or SubCommittee concerning those items of a confidential nature, where such action has
been authorised by the Cabinet or relevant Committee.
44.9
Members of the press, media and public may be excluded only in accordance with
either the Access to Information Rules in Part 4 of the Constitution or Rule Nos.
21, 23, 44 and 45.
45.
DISORDERLY CONDUCT
Members
45.1
If a Member persistently disregards the ruling of the Chairman by behaving
inappropriately or offensively or deliberately obstructing business, the Chairman
may notify the meeting of that opinion, and any one of the following courses may
be taken:
45.1.1 any Member may move that the Member named be not heard further either
in respect of the matter under debate or for the remainder of the meeting.
This motion shall not require a seconder, and shall be put and decided
without comment
45.1.2 any Member may move that the Member named shall leave the meeting.
This motion shall not require a seconder, and shall be put and decided
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without comment. If it is carried, the Member named shall leave the
meeting forthwith
45.1.3 the Chairman may adjourn the meeting for such period of time as he
considers appropriate.
Members of the Public
45.2
If a member of the public interrupts the proceedings at any meeting, the Chairman
shall warn him. If he continues, the Chairman may order his removal from the
room.
General Disturbance
45.3
If there is a general disturbance in any part of the meeting room open to the public,
the Chairman may call for that part to be cleared and may, without the question
being put, adjourn the meeting for such period as he considers appropriate.
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Part C - Miscellaneous
46.
COUNCIL PROCEDURE RULES TO BE GIVEN TO MEMBERS
46.1
A copy of these Rules will be given to each Member of the Council.
47.
DECLARATIONS OF INTERESTS
47.1
Each Member and co-opted Member with voting rights shall declare interests at
meetings and shall withdraw from the meeting room when required to do so by
the Council’s Code of Conduct.
48.
VALIDITY OF PROCEEDINGS
48.1
The proceedings of the Council or a Committee or Sub-Committee shall not be
invalidated by an inadvertent contravention of, or non-compliance with, the
provisions of the Rules relating to the convening of meetings and the constitution
and terms of reference of committees.
49.
INSPECTION OF REPORTS AND DRAFT MINUTES
49.1
All reports and Minutes or draft Minutes of the Council, Committee or SubCommittee will, (subject to Rule No. 51) be open for the inspection of any
Member of the Council when they have been produced.
49.2
For the purpose of his duty as a Member of the Council or as a Member of a
Committee or Sub-Committee:
49.2.1 A Member may inspect any document which is in the possession of or
under the control of, the Council, and which contains information relating
to any business to be transacted at a meeting of a committee to which the
1972 Act applies
49.2.2 A Member will not knowingly inspect and/or call for a copy of any
document relating to a matter in which he is professionally interested or in
which he has any personal and prejudicial interest unless it is a publicly
available document
49.2.3 A Member may have access to documents in the possession of the Council
which relate to:
49.2.3.1 the work of the Committee or Sub-Committee on which he
serves;
49.2.3.2 the work of a Committee or Sub-Committee on which he does
not serve if he can show good reason and establish his need to
know, to perform properly his duties as a councillor, subject to
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any overriding requirements of the public interest unless it is a
publicly available document ; or
49.2.3.3 an investigation by a policy panel.
49.3
These rights will not apply to the categories of exempt information described in
Paragraphs 1 - 7 and Part I of the Schedule to the 1972 Act.
49.4
This Rule will not preclude the Chief Executive or Monitoring Officer from
declining to allow inspection of any document which is protected by legal privilege.
50.
GENERAL PROHIBITIONS
Public Participation
50.1
No member of the public shall address a meeting, other than in accordance with
such schemes the Council, Committee or Sub-Committee may have in place for
public participation from time to time.
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Appendix 1
Practice Note For Appointment of Substitute Members of
Committees and Sub-Committees
1
Each Group Leader will notify to Committee Services those members for each
committee who are authorised by their Group as substitutes in case of need
2
A committee member who cannot attend a meeting will identify an authorised
substitute
3
The committee member will notify Committee Services with a copy to the substitute
and their Group Leader that the substitute will attend in his place. This must be done
no later than thirty minutes prior to the meeting of Committee concerned
4
The substitution will be for one meeting only. Once the substitution has been
notified, the original committee member will be unable to attend as a committee
member, and the rights and duties of the committee member will fall to the
substitute for the scope of the single meeting.
5
The substitute member cannot carry out the role of Chairman or Vice Chairman of
the Committee.
6
If a permanent or long term replacement of a Committee member is required this
will be confirmed in writing by the Group Leader.
How to contact Committee Services
Email: [email protected]
Write: Committee Services, Hart District Council, Harlington Way, Fleet, GU51 4AE
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Appendix 2
Council’s Scheme for Public Questions16
The purpose of this Scheme for Public Questions is to provide guidance to Members,
Officers, and the public on how questions at Full Council meetings will be dealt with. It is
intended to be read alongside, and to be complementary to, Council Procedure Rule 12
(Public Question Time) as set out in the Hart District Council Constitution. If there is any
conflict between the two, then Council Procedure Rule 12 shall take precedence.
•
General
Members of the public can ask specific questions of the Leader, Members of the Cabinet or
any Chairman of a Committee at ordinary meetings of the Full Council and questions can be
asked by anyone who lives, works or studies in Hart District. Questions should be clear and
concise (no more than 100 words including any context or subdivided parts) and should be
framed to elicit information rather than to make a statement. The Chairman of Council, in
consultation with the Chief Executive may refer a question to Officers for a direct written
response if they consider the question can be most appropriately handled in that way. This
may happen where, for example, it is felt that the question requires an in depth technical
answer, or is unreasonably excessive because of its length or its number of parts.
The time allowed for each question shall be 2 minutes. The time allowed for each answer
shall be 2 minutes. The total time allowed for both questions and answers shall be 20
minutes. This limit may be extended at the discretion of the Chairman.
•
What should Questions be about?
The purpose of Public Questions is for members of the public to seek information.
Questions should be about something within the Council's responsibilities, or something the
Council is able to influence. They should not be defamatory or offensive, or require the
Council to disclose confidential information. If the question is substantially the same as one
that has been put to the Council during the previous six months, it will not be answered
again. Questions that take the form of a statement and not a genuine enquiry are unlikely to
be accepted as being suitable for the purposes of Public Questions. In addition, questions
should not be about:
i)
Planning applications/decisions - if you wish to influence a decision on a planning
application you need to write directly to the planning officer dealing with the
particular planning application that you are interested in. The Planning Officer will
then make sure that your views are incorporated into any report that is prepared
before any final decision is made on the application.
ii)
Alcohol, gambling or sex establishment licensing applications/decisions - there are
strict rules about what can influence licensing decisions. The law only gives 28 days
for residents and business in the vicinity of the premises to make representations on
16
This Scheme only applies to Public Question time at Full Council. It does not apply to Cabinet, Overview &
Scrutiny Committee, Planning Committee, or Licensing Committee where separate arrangements may have
been adopted.
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October 2015
a licensing application. NOTE This is an absolute limit. If you don’t object within this
28 day period you have lost the legal right to make any objection.
iii)
Any matter that is the subject of active legal or enforcement proceedings or an
appeal to a tribunal (Housing Benefits Appeal Service for example) or to a
Government Minister (a planning appeal for example) or an investigation by the Local
Government Ombudsman.
iv)
There are separate procedures to follow if you want to make a complaint about a
Councillor or a Council employee - please write to the Council's Monitoring Officer.
v)
Freedom of Information (FOI) request – there is a formal way to make an FOI
request.
In the six-week period before an election or referendum the Council may need to deal with
Public Questions differently to avoid taking any action that can otherwise be perceived as
being advantageous to any candidates or parties in the forthcoming elections or referendum.
•
Order of questions
Questions will be asked in the order notice of them was received, except that the Chairman
may group together similar questions or, if there is more than one questioner, the Chairman
may, at his discretion, adjust the order of questions to enable all questioners to have their
first question heard before moving on to allow second or subsequent questions.
•
Notice of questions
A question may only be asked if notice has first been given in writing to the Chief Executive
(email to [email protected]) no later than midday five clear 17 days before the
day of the meeting. Each question must give the name and address of the questioner.
•
Scope of questions
The Chief Executive may reject a question if it:
a)
is not about a matter for which the local authority has a responsibility or which affects
the District
b)
is substantially the same as a question which has been put at a meeting of the Council
in the past six months
c)
is defamatory, frivolous, vexatious, or offensive
d)
requires the disclosure of confidential or exempt information.
The Chairman may also rule that a question should not be answered if it is felt that the
preparation of the answer would require the expenditure of a disproportionate amount of
time, money or effort.
•
Record of questions
Copies of the questions accepted will be circulated to all Councillors and will be made
available to the public attending the meeting. Only the specific question and answer will be
17
‘Clear’ days - see Section1 Interpretation, para 1.5 for clarification
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October 2015
published in the minutes after the meeting. Background or supporting material will not be
recorded or published.
•
Asking the question at the meeting
The Chairman will invite the questioner to put his question. If a questioner who has
submitted a written question is unable to be present, he may ask the Chairman to put the
question on his behalf.
•
Time Limits
The time allowed for each question is 2 minutes and the time allowed to answer the
question is also 2 minutes.
•
Supplementary question
A questioner who has attended the Council meeting to pose their question may also then
put one supplementary question to the Councillor who has replied to his original question.
The supplementary question must arise directly out of the original question or the reply. It
must not be a statement. It should also not repeat the original question. The time allowed
for each supplementary question and its answer is 2 minute each.
•
Written answers
Any question that cannot be dealt with during Public Question time, either because of lack
of time or because of the non-attendance of the Member to whom it was to be put, will be
dealt with by a written answer within 10 working days but there will no opportunity to ask a
supplementary question. All answers will be circulated to members of the Council.
How to contact Committee Services
Email: [email protected]
Tel: 01252 774141
Write: Committee Services, Hart District Council, Harlington Way, Fleet, GU51 4AE
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October 2015
Appendix 3
Hart District Council’s Petitions Scheme18
The purpose of this Scheme for Petitions is to provide guidance to Members, Officers, and
the public on how petitions to the Council will be dealt with. It is intended to be read
alongside, and to be complementary to, Council Procedure Rule 13 (Petitions) as set out in
the Hart District Council Constitution. If there is any conflict between the two, then
Council Procedure Rule 13 shall take precedence.
•
What is a petition
A petition is a formal written request, typically one signed by many people, appealing to the
Council in respect of a particular cause.
To fall in with the requirements of the scheme, the petition must relate to a function of the
authority and partner organisations. A petition can also be about issues that involve
neighbouring authorities where there is a direct impact on people in Hart District.
•
Who can submit a petition?
A petition can be submitted by anyone who lives, works or studies in Hart District.
•
How to submit a petition?
Petitions can be submitted at any time and will be considered at an appropriate meeting 5
clear days 19 after submission. This does not necessarily means that the petition will be
considered at the first opportunity. If the petition raises an issue that requires further
investigation then the petition will be considered once those investigations have reached a
point that allows a debate on the request contained in the petition to be considered.
Petitions should be sent to Committee Services at Hart District Council,
Email: [email protected]’
Tel: 01252 774141
Write: Committee Services, Hart District Council, Harlington Way, Fleet, GU51 4AE
•
Number of signatures required for a petition
To comprise a petition it should be signed by many people (more than 50). The response to
petitions will depend on what is being asked for and how many signatures it contains. In
considering how to respond consideration will be given to what alternative action the
Council can take e.g. holding a meeting with the lead petitioner, referring the petition to a
cabinet member or officer. If the petition meets the following numbers, it may be presented
to the following meeting:
Council/Cabinet (depending on whether the matter is a Council or Executive
function) – over1000 separate signatories
Overview & Scrutiny Committee – between 500 and1000 separate signatories
18
19
This Scheme not apply to Planning Committee or Licensing Committee
‘Clear’ days - see Section1 Interpretation, para 1.5 for clarification.
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October 2015
Petitions with less than 500 separate signatures will be dealt with by the relevant
Head of Service in consultation with the respective Cabinet Portfolio Member, and
if it relates to local issues only, the local Ward Councillors.
•
Issues that are not appropriate for a Petition.
In initiating a petition you should make clear what you're asking for. Please do not submit a
petition to the Council that is:
a) about something that Hart is not responsible for
b) about issues that are clearly outside the control or reasonable influence of the Council
(national or international issues)
c) about a purely personal issue
d) confidential, libellous, false or defamatory
e) contains language that may cause offence, or is provocative or extreme in its views
deceptive or misleading
f) advertising or spam
g) nonsensical, or a joke
h) party political
i) breaks the law or violates intellectual property rights
j) potentially confidential, commercially sensitive or might cause someone distress or
financial loss
This Petitions Scheme also does not apply to certain matters, where there are already
existing processes for communities to have their say. The following matters are therefore
OUTSIDE the scope of this Petitions Scheme:
i)
Planning applications/decisions - if you wish to influence a decision on a planning
application you need to write directly to the planning officer dealing with the
particular planning application that you are interested in. The Planning Officer will
then make sure that your views are incorporated into any report that is prepared
before any final decision is made on the application. Once a decision has been made
on a particular planning application it is final and cannot be changed by the Council.
ii)
Alcohol, gambling or sex establishment licensing applications/decisions - there are
strict rules about what can influence licensing decisions. The law only gives 28 days
for residents and business in the vicinity of the premises to make representations on
a licensing application. NOTE this is an absolute limit. If you don’t object within this
28 day period you have lost the legal right to make any objection.
iii)
Any matter that is the subject of active legal or enforcement proceedings or an
appeal to a tribunal (Housing Benefits Appeal Service for example) or to a
Government Minister (a planning appeal for example) or an investigation by the Local
Government Ombudsman.
iv)
There are separate procedures to follow if you want to make a complaint about a
Councillor or a Council employee - please write to the Council's Monitoring Officer.
v)
Freedom of Information (FOI) request – there is a formal way to make an FOI
request.
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October 2015
In the six-week period before an election or referendum the Council may need to deal with
petitions differently to avoid taking any action that can otherwise be perceived as being
advantageous to any candidates or parties in the forthcoming elections or referendum.
•
What are the guidelines for submitting a petition?
Petitions submitted to the Council must include:
a) A clear and concise statement covering the subject of the petition. It should state what
action the petitioners wish the Council to take. People need to know what they are
signing and therefore the petition should state clearly what it is about or what you think
is wrong and what you would like to happen. It should be capable of being read in a few
moments to enable people signing a petition to read it first. The petition should state
that it is directed to Hart District Council.
b) The name, address and signature of any person supporting the petition.
Petitions should be accompanied by contact details, including an address, for the Petition
Organiser. This is the person the Council will contact to explain how we will respond to the
petition.
•
How will the Council respond to a petition?
The Council’s response to a petition will depend on what a petition asks for, but may include
one or more of the following:
a) taking the action requested in the petition
b) considering the petition at a Council meeting
c) referring the issue to local Ward Councillors
d) referring the issue to the Council’s Overview & Scrutiny Committee 20
e) referring the issue to the Council’s Cabinet 21
f) holding an investigation
g) commissioning relevant research
h) organising a public meeting
i) mounting a wider public consultation
j) meeting with the Petition Organiser or representatives of signatories
k) providing a written response outlining the Council’s views on the subject
l) consulting statutory partners and local service providers
m) instigating discussions with the voluntary and community sectors
n) making representations to commercial or other Interests.
If the concern is a local, ward-based issue, then the presumption will be to refer the matter
to local Ward Councillors. As a matter of course, local Councillors will be formally notified
of all valid petitions that relate to the residents in their respective Wards.
Details of petitions received and the final response /outcome of the petition will be
published on the Council’s website.
20
Overview & Scrutiny is an important and specialist role for all Councillors who are not part of the Cabinet
arrangements. Overview & Scrutiny Committee has processes available to it which enables it to review and
challenge decisions, policies and services, inform decision making and offer recommendations for the Cabinet
and other agencies to consider.
21
Cabinet is the executive decision-making body within the Council's structures, which is chaired by the
Leader of the Council and is responsible for taking most of the day to day decisions within agreed budgets and
policies.
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Petitions with 1,000 or more Signatures - Council (or Cabinet if the
matter relates to an Executive function) debate
•
If a petition contains 1,000 or more signatures it will normally be debated at the next
ordinary meeting of the Council/Cabinet, although on some occasions this may not be
possible and consideration will take place at a subsequent meeting. At the meeting the
Petition Organiser will be given three minutes to address the Council/Cabinet, and the
petition may then be discussed by Councillors.
The Council/Cabinet will decide how to respond to the petition at this meeting. It may
decide to:
a) take the action the petition requests (if it is within the Council’s power to do so),
b) not to take the action requested for reasons put forward in the debate, or
c) to commission further investigation into the matter, for example by Overview & Scrutiny
Committee or relevant Service, or
d) the matter be referred to Local Ward Councillors for consideration.
Petitions with 500 or more (but less than1,000) signatures –
Consideration by Overview and Scrutiny Committee
•
If a petition contains 500 signatures or more, but less than 1,000 signatures, it will be
referred to Overview & Scrutiny Committee for consideration unless it is about an issue
which is resolved before the meeting to the Petition Organisers satisfaction. Overview &
Scrutiny Committee will endeavour to consider the petition at its next meeting, although on
some occasions this may not be possible and consideration will take place at a subsequent
meeting. The Petition Organiser will be given the opportunity to present the petition at the
meeting and the petition will then be discussed by Councillors. Where possible the Cabinet
Member with the relevant portfolio responsibility and appropriate officers will be invited to
attend.
At this meeting, Overview & Scrutiny Committee will consider and make recommendations
on how the Council should respond to the issue raised in the petition. The Committee may
decide to recommend (to the Council, Cabinet, officers or partners) that:
a) the action the petition requests should be taken,
b) no action is taken for reasons put forward in the debate,
c) further investigation be commissioned into the matter, for example by a relevant Service,
or
d) the matter be referred to local Ward Councillors for consideration.
•
Petitions with less than 500 signatures
A petition contains less than 500 signatures will be referred to the appropriate Head of
Service or Service Manager for consideration. The Head of Service/Service Manager may
decide to use delegated powers, in accordance with existing policies and budget provision
to:
a) take the action that the petition requests should be taken,
b) not take the action requested by the petition where this would be outside existing
policies and budget provision,
c) refer the matter to Cabinet, Overview & Scrutiny Committee or local Ward
Councillors for consideration. The relevant Cabinet Member and appropriate local
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Ward Councillors will first be consulted on the action proposed to taken by the Head
of Service.
•
Feedback – How will the petitioners be told the outcome
The Petition Organiser will receive a letter or email setting out the Council’s final response
to the petition and the reasons for it. This will normally outline the steps taken by the
Council to consider the issue, including the involvement (where applicable) of Councillors.
This response will also be published on the Council’s web site.
How to contact Committee Services
Email: [email protected]
Tel: 01252 774141
Write: Committee Services, Hart District Council, Harlington Way, Fleet, GU51 4AE
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Appendix 4
Practice Note For Formal Motions Requiring Notice
1.
Notice of every Motion to be given in writing and signed (including e-mail) by the
Member or Members giving Notice.
2.
Notice of Motion should be delivered to the Chief Executive at least seven clear days
before the Council Meeting. 22
3.
The Motion will be entered in a book which is open for public inspection.
4.
All Motions (given under Standing Order 15.1) will be set out in the Council
Summons in the order in which they were received, unless the Member giving notice
states, in writing, that they propose to move it to a later meeting or withdraw it.
5.
If a Motion set out in the Council Summons is not moved either by a Member who
gave notice or by some other Member on his behalf, it shall be postponed by consent
of the Council and treated as withdrawn. The Motion shall not be moved without
further fresh Notice.
6.
If the subject matter of the Motion comes within the province of the Cabinet or a
Committee, it shall, after being moved and seconded, stand referred without
discussion to the Cabinet or Committee or to such other Committee as the Council
may determine for consideration. Or the Chairman may, if he considers it
convenient and conducive, allow the Motion to be dealt with at that meeting.
7.
Motions must be about matters which affect the District or for which the Council
has responsibility.
22
‘Clear’ days - see Section1 Interpretation, para 1.5 for clarification
163
February 2008
HART DISTRICT COUNCIL
CONSTITUTION
Part 4.2
ACCESS TO INFORMATION: PROCEDURE
RULES
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March 2014
ACCESS TO INFORMATION: PROCEDURE RULES
These rules reflect the requirements of the Local Authorities (Executive Arrangements)
Meetings and Access to Information) (England) Regulations 2012.
1
SCOPE
1.1
These rules apply to all meetings of the Council, Overview and Scrutiny
Committee, the Standards Committee and other committees of the Council and
public meetings of the Cabinet (together called meetings).
2.
RIGHTS TO INFORMATION
2.1
These rules do not affect any more specific rights to information contained
elsewhere in this Constitution or the law.
3.
RIGHTS TO ATTEND MEETINGS
Members of the public may attend all meetings (as above in Paragraph 1) subject
only to the exceptions in these rules.
4.
NOTICE OF MEETING
4.1
The council will give at least five clear days’ notice of any meeting by posting
details of the meeting at the Civic Offices, Harlington Way, Fleet (the designated
office) and published on the website.
4.2
Where a meeting is convened at shorter notice, publication must be as early as
possible before the meeting.
5.
ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING
5.1
The Council will make copies of the agenda and reports open to the public
available for inspection at the designated office and published on the website, at
least five clear days before the meeting.
5.2
If an item is added to the agenda later, the revised agenda will be open to
inspection from the time when the item was added to the agenda. Where reports
are prepared after the summons has been sent out, the designated officer shall
make each such report available to the public as soon as the report is completed
and sent to councillors.
5.3
Where the report is deemed exempt/confidential every copy of the report, or
part of the report as the case may be, must be marked not for publication, and it
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March 2014
must be stated on every copy of the whole or part of the report, that it contains
confidential information, and reference made to the descriptions in Schedule 12A
to 1972 Act, the description of the exempt information by which the meeting is
likely to exclude the public during that item.
5.4
Copies of the agenda and reports will be available at the meeting for members of
the public, except for those items deemed exempt.
6.
SUPPLY OF COPIES
The Council will supply copies of:
6.1
Any agenda and reports which are open to public inspection;
6.2
Any further statements or particulars necessary to indicate the nature of the items
in the agenda; and
6.3
If the Chief Executive thinks fit, copies of any other documents supplied to
Councillors in connection with an item
to any person on payment of a charge for postage and any other costs.
7.
ACCESS TO DOCUMENTS AFTER THE MEETING
The Council will publish on the website and make available copies of the following
for six years after a meeting:
7.1
The minutes of the meeting (or records of decisions taken, together with reasons,
and alternative options considered, for all meetings of the Cabinet) excluding any
part of the minutes of proceedings when the meeting was not open to the public
or which disclose exempt or confidential information;
7.2
A summary of any proceedings not open to the public where the minutes open to
inspection would not provide a reasonably fair and coherent record;
7.3
The agenda for the meeting; and
7.4
Reports relating to items when the meeting was open to the public.
7.5
The Overview and Scrutiny Committee is entitled to a copy of any document
relating to any decision made by Cabinet or a committee, a Cabinet Member or an
officer in accordance with executive arrangements. This entitlement includes
copies of exempt or confidential information, unless the executive determines
otherwise, in which case it must provide the Overview and Scrutiny Committee
with a written statement setting out its reasons for that decision.
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8.
BACKGROUND PAPERS
8.1
List of background papers
The report author will set out in every report a list of those documents (called
background papers) relating to the subject matter of the report which in his/her
opinion:
8.1.1
disclose any facts or matters on which the report or an important part of
the report is based; and
8.1.2
have been relied on to a material extent in preparing the report.
The list of background papers will not include published works or those that
disclose exempt or confidential information (as defined in Rule 10).
8.2
Public inspection of background papers
The Council will make available for public inspection for four years after the date
of the meeting one copy of each of the documents on the list of background
papers where practicable.
9.
SUMMARY OF PUBLIC’S RIGHTS
9.1
A written summary of the public’s rights to attend meetings and to inspect and
copy documents must be published on the website and be available to the public at
the designated office.
9.2
Because the Constitution must be available to the public, these Rules will
constitute the written summary.
10.
EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS
10.1
Confidential information - requirement to exclude public
The public must be excluded from meetings whenever it is likely, in view of the
nature of the business to be transacted or the nature of the proceedings, that
confidential information would be disclosed.
10.2
Exempt information - discretion to exclude public
The public may be excluded from meetings whenever it is likely, in view of the
nature of the business to be transacted or the nature of the proceedings, that
exempt information would be disclosed.
Where the meeting will determine any person’s civil rights or obligations, or
adversely affect their possessions, Article 6 of the Human Rights Act 1998
establishes a presumption that the meeting will be held in public unless a private
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hearing is necessary for one of the reasons specified in Article 6 of the Human
Rights Act 1998.
10.3
Meaning of confidential information
Confidential information means information given to the Council by a Government
Department on terms which forbid its public disclosure or information which
cannot be publicly disclosed by Court Order.
10.4
Meaning of exempt information
Exempt information is defined in Schedule 12A of the Local Government Act 1972
Section 100A:
SCHEDULE 12A
ACCESS TO INFORMATION: EXEMPT INFORMATION
PART 1
DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND
1.
Information relating to any individual.
2.
Information which is likely to reveal the identity of an individual.
3.
Information relating to the financial or business affairs of any particular
person (including the authority holding the information).
4.
Information relating to any consultations or negotiations, or contemplated
consultations or negotiations, in connection with any labour relations
matter arising between the authority or a Minister of the Crown and
employees of, or office holders under, the authority.
5.
Information in respect of which a claim to legal profession privilege could
be maintained in legal proceedings.
6.
Information which reveals that the authority proposes –
a
b
7.
to give under any enactment a notice under or by virtue of which
requirements are imposed on a person; or
to make an order or direction under any enactment.
Information relating to any action taken or to be taken in connection with
the prevention, investigation or prosecution of crime.
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PART 2
QUALIFICATIONS: ENGLAND
8.
Information falling within paragraphs 3 above is not exempt information by
virtue of that paragraph if it is required to be registered under –
(a)
(b)
(c)
(d)
(e)
(f)
the Companies Act 1985
the Friendly Societies Act 1974
the Friendly Societies Act 1992
the Industrial and Provident Societies Act 1965 to 1978
the Building Societies Act 1986; or
the Charities Act 1993
9.
Information is not exempt information if it relates to proposed
development for which the local planning authority may grant itself planning
permission pursuant to regulation 3 of the Town and Country Planning
General Regulations 1992
10.
Information which:
(a)
(b)
falls within any of paragraphs 1 to 7 above; and
is not prevented from being exempt by virtue of paragraph 8 or
9 above,
is exempt information if and so long, as in all the circumstances of the case,
the public interest in maintaining the exemption outweighs the public
interest in disclosing the information.
10.5
Maintaining Orderly Conduct
The public may be excluded from meetings if the exclusion of a member or
members of the public ensures the maintenance of orderly conduct or prevents
misbehaviour at a meeting.
11.
EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS
If the Chief Executive thinks fit, the Council may exclude access by the public to
reports which in his or her opinion relate to items during which, in accordance
with Rule 10, the meeting is likely not to be open to the public. Such reports will
be marked “Not for publication” together with the category of information likely
to be disclosed (refer to Part 1 of Schedule 12A of the Local Government Act
1972 Section 100A).
12.
APPLICATION OF RULES TO THE CABINET
12.1
Rules 13 - 21 apply to the Cabinet and its committees. If the Cabinet or its
committees meet to take a key decision, it must also comply with Rules 1 - 11
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unless Rule 15 (General Exception) or Rule 16 (Special Urgency) apply. A key
decision is defined in Article 12.04 of this Constitution.
12.2
If the Cabinet or its committees meet to discuss a key decision to be taken
collectively, with an officer (other than a political assistant) present, within 28 days
of the date according to the forward plan by which it is to be decided, it must also
comply with Rules 1 - 11 unless Rule 15 (General Exception) or Rule 16 (Special
Urgency) apply. A key decision is defined in Article 12.04 of this Constitution. This
requirement does not include meetings whose sole purpose is for officers to brief
members.
13.
PROCEDURE BEFORE TAKING KEY DECISIONS
Subject to Rule 15 (General Exception) and Rule 16 (Special Urgency), a key
decision may not be taken unless:
13.1
a notice (called here a forward plan) has been published in connection with the
matter in question;
13.2
at least three clear days have elapsed since the publication of the forward plan; and
13.3
where the decision is to be taken at a meeting of the Cabinet or its committees,
notice of the meeting has been given in accordance with Rule 4 (Notice of
Meetings).
13.4
The particulars of the matter of the key decision eg a report, is published on the
website at least 28 days prior to the meeting.
13.5
Particulars of the matter must be included in the document (13.4 above) but
exempt and confidential information need not be included.
14.
THE FORWARD PLAN (also known as the Work Programme)
14.1
The forward plan will be published each month in the Cabinet agenda and will
include Key Decisions.
14.2
Exempt information need not be included in a forward plan, and confidential
information cannot be included.
15.
GENERAL EXCEPTION
If a matter which is likely to be a key decision has not been included in the
forward plan, the decision may still be taken, subject to Rule 16 (Special Urgency),
if:
15.1
the decision must be taken by such a date that it is impracticable to defer the
decision until it has been included in the next forward plan and until the start of
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the first month to which the next forward plan relates;
15.2
the proper officer has informed the chairman of the Overview and Scrutiny
Committee, or if there is no such person, each member of that committee in
writing, by notice, of the matter to which the decision is to be made;
15.3
the proper officer has made copies of that notice available to the public at the
designated office and published on the website; and
15.4
at least five clear days have elapsed since the proper officer complied with 15.2
and 15.3 above.
15.5
As soon as is practicable after 15.2 above, a notice setting out the reasons why
compliance with reg 9 is impracticable and that notice published on the website.
Where such a decision is taken collectively, it must be taken in public.
16.
SPECIAL URGENCY
16.1
If, by virtue of the date by which a decision must be taken, Rule 15 (General
Exception) cannot be followed, the decision can be taken only if the decision taker
(if an individual) or the chairman of the body making the decision, obtains the
agreement of the chairman of the Overview and Scrutiny Committee that the
taking of the decision cannot be reasonably deferred. If the chairman of the
Overview and Scrutiny Committee is unable to act then agreement can be sought
of the Chairman or Vice Chairman of the Council.
16.2
A notice setting out the reasons that the meeting is urgent and cannot be deferred
should be published on the website and made available at the designated offices as
soon as is practicable.
16.3
The Leader will submit a report to the Council on any executive decision taken in
the circumstances set out in Rule 16 (Special Urgency), as soon as is practicable.
The report will include the decision taken and a summary of the matters in
respect of which the decision was taken.
17.
WHEN THE OVERVIEW AND SCRUTINY COMMITTEE CAN
REQUIRE A REPORT TO COUNCIL
17.1
If the Overview and Scrutiny Committee thinks that a key decision has been taken
which was not:
17.1.1
included in the forward plan; or
17.1.2
the subject of the general exception procedure; or
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17.1.3
17.2
the subject of an agreement with the relevant Overview and Scrutiny
Committee chairman, or the chairman/vice-chairman of the Council
under Rule 16.
The committee may require Cabinet to submit a report to the Council within
such reasonable time as the committee specifies. The power to require a report
rests with the committee, but is also delegated to the proper officer, who shall
require
such a report on behalf of the committee when so requested by the chairman.
Alternatively the requirement may be raised by resolution passed at a meeting of
the Overview and Scrutiny Committee. 23
17.2.1 Cabinet will prepare a report for submission to the next available meeting
of the Council. However, if the next meeting of the Council is within seven days
of receipt of the written notice, or the resolution of the Overview and Scrutiny
Committee, the report may be submitted to the meeting after that. The report to
Council will set out particulars of the decision, the individual or body making the
decision and, if the Leader is of the opinion that it was not a key decision, the
reasons for that opinion.
18.
RECORD OF DECISIONS
After any meeting of the Cabinet or its committees, Minutes will be produced as
soon as practicable as a record of every decision taken at that meeting. The
record will include a statement of the reasons for each decision and any
alternative options considered and rejected at that meeting.
19.
EXECUTIVE DECISIONS MADE BY INDIVIDUALS
19.1
When an individual Cabinet member wishes to make an executive decision, a
written statement of that executive decision must be produced, which includes:
19.1.1
A record of the decision and the date is was made
19.1.2
A record of the reasons for the decision
19.1.3
Details of options considered and rejected, conflicts of interest,
dispensations granted etc
23
The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008 No 3261
excludes:
(a) any matter relating to a planning decision;
(b) any matter relating to a licensing decision;
(c) any matter relating to an individual or entity in respect of which that individual or entity has a right of
recourse to a review or right of appeal conferred by or under any enactment;
(d) any matter which is vexatious, discriminatory or not reasonable to be included in the agenda for, or to be
discussed at, a meeting of the overview and scrutiny committee or at a meeting of a sub-committee of that
committee.
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19.2
When a decision is made by an Officer, as soon as reasonably practicable after a
key decision has been taken by an officer, he/she will prepare, or instruct the
proper officer to prepare, a record of the decision, a statement of the reasons for
it and any alternative options considered and rejected.
20.
THE OVERVIEW AND SCRUTINY COMMITTEE’S ACCESS TO
DOCUMENTS
20.1
Rights to copies
Subject to Rule 20.2 below, the Overview and Scrutiny Committee (including any
sub-committees) will be entitled to copies of any document which:
20.1.1
is in the possession or control of the Cabinet or its committees; and
20.1.2 contains material relating to any business transacted at a public or private
meeting of the Cabinet or its committees.
20.2
Limit on rights
The Overview and Scrutiny Committee will not be entitled to:
20.2.1
any document that is in draft form; or
20.2.2 any part of a document that contains exempt or confidential information,
unless that information is relevant to an action or decision they are reviewing or
scrutinising or intend to scrutinise.
21.
ADDITIONAL RIGHTS OF ACCESS FOR MEMBERS
21.1
Material relating to previous business
All members will be entitled to inspect any document which is in the possession
or under the control of the Cabinet or its committees and contains material
relating to any business previously transacted at a private meeting unless it
contains exempt information.
21.2
Material relating to key decisions
All members of the Council will be entitled to inspect any document (except
those available only in draft form) in the possession or under the control of the
Cabinet or its committees which relates to any key decision unless paragraph 20.2
above applies.
21.3
Nature of rights
These rights of a member are additional to any other right that he/she may have.
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CONSTITUTION
Part 4-3
BUDGET AND POLICY FRAMEWORK:
PROCEDURE RULES
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BUDGET AND POLICY FRAMEWORK PROCEDURE RULES
1.
The framework for Executive Decisions
The Council will be responsible for the adoption of its budget and policy framework
as set out in Article 4. Once a budget or a policy framework is in place, it will be the
responsibility of the Cabinet to implement it.
2.
Process for developing the framework
The process by which the budget and policy framework will be developed is:
2.1
The Cabinet will publicise a timetable for making proposals to the Council for the
adoption of any plan, strategy or budget that forms part of the budget and policy
framework, and its arrangements for consultation. The Chairman of the Overview
and Scrutiny Committee will also be notified. The consultation period will in each
instance be not less than six weeks.
2.2
At the end of that period, the Cabinet will draw up firm proposals having regard to
the responses to that consultation. If the Overview and Scrutiny Committee wishes
to respond to the Cabinet in that consultation process then it may do so. As the
Committee has responsibility for fixing its own work programme(s), it is open to the
Committee to investigate, research or report in detail with recommendations before
the end of the consultation period. The Cabinet will take any response from the
Overview and Scrutiny Committee into account in drawing up firm proposals for
submission to the Council, and its report to Council will reflect the comments made
by consultees and the Cabinet’s response.
2.3
Once the Cabinet has approved the firm proposals, the proper officer will refer them
at the earliest opportunity to the Council for decision.
2.4
In reaching a decision, the Council may adopt the Cabinet’s proposals, amend them,
refer them back to the Cabinet for further consideration or, in principle, substitute
its own proposals in their place.
2.5
If it accepts the recommendation of the Cabinet without amendment, the Council
may make a decision that has immediate effect. Otherwise, it may make only an inprinciple decision. In either case, the decision will be made on the basis of a simple
majority of votes cast at the meeting.
2.6
The proper officer will provide a copy of the minute of the Council’s decision to the
Leader.
2.7
An in-principle decision will automatically become effective five working days from
the date when the Leader was provided with a copy of the minute unless the Leader
informs the proper officer in writing within that period that he/she objects to the
decision becoming effective and provides reasons why.
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2.8
In that case, the proper officer will put the matter onto the agenda of a Council
meeting within the next 20 working days (even though that may involve calling an
extraordinary meeting). The Council will be required to reconsider its decision and
the Leader’s written submission.
The Council may
2.8.1
approve the Cabinet’s recommendation by a simple majority of votes cast at
the meeting; or
2.8.2
approve a different decision that does not accord with the recommendation
of the Cabinet by a simple majority.
2.8.3
The decision shall then be made public and be implemented immediately;
2.8.4
In approving the budget and policy framework, the Council must expressly
specify any changes that it wishes to make regarding the scope for virement
within the budget which can be made in accordance with paragraph 5 of
these Rules. Any other changes to the policy and budgetary framework are
reserved to the Council.
3.
Decisions outside the budget or policy framework
3.1
Subject to the provisions of paragraph 5 (Virement), the Cabinet, Cabinet committee
and any officers, or joint arrangements discharging executive functions, may only take
decisions which are in line with the budget and policy framework. If any of these
bodies or persons wishes to make a decision which is contrary to the policy
framework, or contrary to or not wholly in accordance with the budget approved by
full Council, that decision may be taken only by the Council, subject to Rule 4 below.
3.2
If the Cabinet, Cabinet committee and any officers, or joint arrangements discharging
executive functions want to make such a decision, they shall take advice from the
monitoring officer and/or the chief financial officer as to whether the decision they
want to make would be contrary to the policy framework, or contrary to or not
wholly in accordance with the budget. If the advice of either of those officers is that
the decision would not be in line with the existing budget and/or policy framework,
the decision must be referred by that body or person to the Council for decision,
unless the decision is a matter of urgency, in which case the provisions in paragraph 4
(Urgent decisions outside the budget or policy framework) shall apply.
4.
Urgent decisions outside the budget or policy framework
4.1
The Cabinet, any Cabinet committee or officers, or joint arrangements discharging
executive functions, may take a decision which is contrary to the Council’s policy
framework or contrary to or not wholly in accordance with the budget approved by
full Council if the decision is a matter of urgency. However, the decision may be
taken only:
4.1.1
If it is not practical to convene a quorate meeting of the full Council; and
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4.1.2
If the chairman of the Overview and Scrutiny Committee agrees that the
decision is a matter of urgency.
4.3
The reasons why it is not practical to convene a quorate meeting of full Council and
the Chairman of the Overview and Scrutiny Committee consents to the decision
being taken as a matter of urgency must be noted on the record of the decision. In
the absence of the chairman of the Overview and Scrutiny Committee, the consent
of the chairman of the Council (and in the absence of both that of the vice-chairman
of the Council) will be sufficient.
4.4
Following the decision, the decision taker will provide a full report to the next
available Council meeting explaining the decision, the reasons for it and why the
decision was treated as a matter of urgency.
5.
Virement
Steps taken by the Cabinet, a Cabinet committee, officers or joint arrangements
discharging executive functions to implement Council policy shall not exceed those
budgets allocated to each budget head. However, virement across budget heads will
be allowed in accordance with the Council’s financial regulations contained in the
Financial Procedure Rules in Part 4 of this Constitution.
6.
In-year changes to policy framework
The responsibility for agreeing the budget and policy framework lies with the
Council, and decisions by the Cabinet, a Cabinet committee, officers or joint
arrangements discharging executive functions must be in line with it. Those bodies
may make no changes to any policy or strategy that make up the policy framework.
7.
Call-in of decisions outside the budget or policy framework
7.1
Where the Scrutiny Committee is of the opinion that a Cabinet decision is, or if
made would be, contrary to the policy framework, or contrary to or not wholly in
accordance with the Council’s budget, then it shall seek advice from the monitoring
officer and/or chief financial officer.
7.2
In respect of functions that are the responsibility of the Cabinet, the monitoring
officer’s report and/or chief financial officer’s report shall be to the Cabinet with a
copy to every member of the Council. Regardless of whether or not the decision is
delegated, the Cabinet must meet to decide what action to take in respect of the
monitoring officer’s report and to prepare a report to Council in the event that the
monitoring officer or the chief finance officer conclude that the decision was a
departure.
7.3
If the decision has yet to be made, or has been made but not yet implemented, and
the advice from the monitoring officer and/or the chief financial officer is that the
decision is or would be contrary to the policy framework or contrary to or not
wholly in accordance with the budget, the matter may be referred to Council. In
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such cases, no further action will be taken in respect of the decision or its
implementation until the Council has met and considered the matter. The Council
shall meet within 25 working days of the request by Cabinet or the proper officer.
At the meeting it will receive a report of the decision or proposals and the advice of
the monitoring officer and/or the chief financial officer. The Council may:
7.3.1
endorse a decision or proposal of the executive decision taker as falling
within the existing budget and policy framework. In this case no further
action is required, save that the decision of the Council be minuted and
circulated to all councillors in the normal way; OR
7.3.2
amend the Council’s financial regulations or policy concerned to encompass
the decision or proposal of the executive decision taken and agree to the
decision with immediate effect. In this case, no further action is required
save that the decision of the Council be minuted and circulated to all
councillors in the normal way; OR
7.3.3
require the Cabinet to reconsider the matter in accordance with the advice
of either the monitoring officer/chief financial officer where the Council
accepts that the decision or proposal is contrary to the policy framework
or contrary to or not wholly in accordance with the budget, and does not
amend the existing framework to accommodate it.
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CONSTITUTION
Part 4-4
STANDING ORDERS
FOR CONFLICT RESOLUTION BETWEEN
THE AUTHORITY AND THE CABINET
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STANDING ORDERS FOR CONFLICT RESOLUTION BETWEEN THE
AUTHORITY AND THE CABINET
1.
In this Part:
"executive" and "executive leader" have the same meaning as in Part II of the Local
Government Act 2000; and
"plan or strategy" and "working day" have the same meaning as in the Local
Authorities (Standing Orders) (England) Regulations 2001.
2.
Where the executive of the authority has submitted a draft plan or strategy to the
authority for its consideration and, following consideration of that draft plan or
strategy, the authority has any objections to it, the authority must take the action
set out in paragraph 3.
3.
Before the authority:
3.1
amends the draft plan or strategy;
3.2
approves, for the purpose of its submission to the Secretary of State or any Minister
of the Crown for his approval, any plan or strategy (whether or not in the form of a
draft) of which any part is required to be so submitted; or
3.3
adopts (with or without modification) the plan or strategy,
it must inform the executive leader of any objections which it has to the draft plan
or strategy and must give to him instructions requiring the executive to reconsider,
in the light of those objections, the draft plan or strategy submitted to it.
4.
Where the authority gives instructions in accordance with paragraph 3, it must
specify a period of at least five working days beginning on the day after the date on
which the executive leader receives the instructions on behalf of the executive
within which the executive leader may:
4.1
submit a revision of the draft plan or strategy as amended by the executive (the
"revised draft plan or strategy"), with the executive's reasons for any amendments
made to the draft plan or strategy, to the authority for the authority's
consideration; or
4.2
inform the authority of any disagreement that the executive has with any of the
authority's objections and the executive's reasons for any such disagreement.
5.
When the period specified by the authority, referred to in paragraph 4, has expired,
the authority must, when:
5.1
amending the draft plan or strategy or, if there is one, the revised draft plan or
strategy;
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5.2
approving, for the purpose of its submission to the Secretary of State or any
Minister of the Crown for his approval, any plan or strategy (whether or not in the
form of a draft or revised draft) of which any part is required to be so submitted; or
5.3
adopting (with or without modification) the plan or strategy,
take into account any amendments made to the draft plan or strategy that are
included in any revised draft plan or strategy, the executive's reasons for those
amendments, any disagreement that the executive has with any of the authority's
objections and the executive's reasons for that disagreement, which the executive
leader submitted to the authority, or informed the authority of, within the period
specified.
6.
Subject to paragraph 10, where, before 8th February in any financial year, the
authority's executive submits to the authority for its consideration in relation to the
following financial year:
6.1
estimates of the amounts to be aggregated in making a calculation (whether
originally or by way of substitute) in accordance with any of sections 32 to 37 or 43
to 49, of the Local Government Finance Act 1992
6.2
estimates of other amounts to be used for the purposes of such a calculation;
6.3
estimates of such a calculation; or
6.4
amounts required to be stated in a precept under Chapter IV of Part I of the Local
Government Finance Act 1992
and following consideration of those estimates or amounts the authority has any
objections to them, it must take the action set out in paragraph 7.
7.
Before the authority makes a calculation (whether originally or by way of substitute)
in accordance with any of the sections referred to in paragraph 6(a), or issues a
precept under Chapter IV of Part I of the Local Government Finance Act 1992, it
must inform the executive leader of any objections which it has to the executive's
estimates or amounts and must give to him instructions requiring the executive to
reconsider, in the light of those objections, those estimates and amounts in
accordance with the authority's requirements.
8.
Where the authority gives instructions in accordance with paragraph 7, it must
specify a period of at least five working days beginning on the day after the date on
which the executive leader receives the instructions on behalf of the executive
within which the executive leader may:
8.1
submit a revision of the estimates or amounts as amended by the executive
("revised estimates or amounts"), which have been reconsidered in accordance with
the authority's requirements, with the executive's reasons for any amendments
made to the estimates or amounts, to the authority for the authority's
consideration; or
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8.2
inform the authority of any disagreement that the executive has with any of the
authority's objections and the executive's reasons for any such disagreement.
9.
When the period specified by the authority, referred to in paragraph 8, has expired,
the authority must, when making calculations (whether originally or by way of
substitute) in accordance with the sections referred to in paragraph 6(a), or issuing
a precept under Chapter IV of Part I of the Local Government Finance Act 1992,
take into account:
9.1
any amendments to the estimates or amounts that are included in any revised
estimates or amounts;
9.2
the executive's reasons for those amendments;
9.3
any disagreement that the executive has with any of the authority's objections; and
9.4
the executive's reasons for that disagreement,
which the executive leader submitted to the authority, or informed the authority of,
within the period specified.
10.
Paragraphs 6 to 9 shall not apply in relation to:
10.1
calculations or substitute calculations which an authority is required to make in
accordance with section 52I, 52J, 52T or 52U of the Local Government Finance Act
1992; and
10.2
amounts stated in a precept issued to give effect to calculations or substitute
calculations made in accordance with section 52J or 52U of that Act.
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CONSTITITION
Part 4-5
CABINET AND EXECUTIVE
PROCEDURE RULES
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CABINET AND EXECUTIVE PROCEDURE RULES
1.
THE EXECUTIVE
1.1
Executive Decisions
The arrangements for the discharge of executive functions are set out in the
executive arrangements adopted by the Council. The arrangements provide for
executive functions to be discharged by:
1.2
1.1.1
the Cabinet as a whole;
1.1.2
a Cabinet committee;
1.1.3
an officer;
1.1.4
an individual member of the Cabinet;
1.1.5
joint arrangements; or
1.1.6
another local authority.
Delegation of executive functions
At the Annual Meeting of the Council, the Leader will present to the Council a
written record of delegations made by him/her for inclusion in the Council's Scheme
of Delegation in Part 3 of the Constitution. The document presented by the Leader
will contain the following information about executive functions in relation to the
coming year:
1.2.1
the names, addresses and wards of the people appointed to the Cabinet by
the Leader;
1.2.2
the extent of any authority delegated to Cabinet members individually,
including details of the limitation on their authority;
1.2.3
the terms of reference and constitution of such executive committees as
the leader appoints, and the names of executive members appointed to
them;
1.2.4
the nature and extent of any delegation of executive functions to any other
authority or to any joint arrangements, and the names of those Cabinet
members appointed to any joint committee for the coming year: and
1.2.5
the nature and extent of any delegation to officers, with details of any
limitation on that delegation, and the title of the officer to whom the
delegation is made.
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1.3
1.4
Sub-delegation of executive functions
1.3.1
Where the Cabinet or a committee of the Cabinet is responsible for an
executive function, it may delegate to joint arrangements or an officer.
1.3.2
Unless the Council directs otherwise, if the Leader delegates functions to
the Cabinet, the Cabinet may delegate further to a committee of the
Cabinet .
1.3.3
Unless the Leader directs otherwise, a committee of the Cabinet to whom
functions have been delegated by the Leader may delegate further to an
officer.
1.3.4
Even where executive functions have been delegated, that fact does not
prevent the discharge of delegated functions by the body who delegated.
The Council’s scheme of delegation and executive functions
The Council’s scheme of delegation will be subject to adoption by the Council and
may be amended only by the Council. It will contain the details required in Article 7
and set out in Part 3 of this Constitution.
1.5
1.6
Conflicts of interest
1.5.1
Where the Leader has a conflict of interest, this should be dealt with as set
out in the Council’s Code of Conduct for Members in Part 5 of this
Constitution.
1.5.2
If every member of the Cabinet has a conflict of interest this should be
dealt with as set out in the Council’s Code of Conduct for Members in Part
5 of this Constitution.
1.5.3
If the exercise of a Cabinet function has been delegated to a committee of
the Cabinet, or an officer, and should a conflict of interest arise, the
function will be exercised in the first instance by the person or body by
whom the delegation was made and otherwise as set out in the Council’s
Code of Conduct for Members in Part 5 of this Constitution.
Scheduling of Cabinet meetings
The Cabinet will be scheduled to meet a minimum of 12 times per year at times to
be agreed by the Council. The Cabinet will meet at the Council’s main offices or
another location to be determined by the proper officer in consultation with the
Leader.
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1.7
Public or private meetings of the Cabinet
All meetings of the Cabinet will be open to the public unless the item under
discussion is considered exempt under Schedule 12A and Section 100 of the Local
Government Act 1972 or confidential under Section 100A of the Local Government
Act 1972.
1.8
Quorum
The quorum for a meeting of the Cabinet, or a committee of it, will be three
Members.
1.9
Decisions of the Cabinet
1.9.1
Executive decisions that have been delegated to the Cabinet as a whole will
be taken at a meeting convened in accordance with the Access to
Information Rules in Part 4 of the Constitution.
1.9.2
Where executive decisions are delegated to a committee of the Cabinet,
the rules applying to executive decisions taken by them will be the same as
those applying to those taken by the Cabinet as a whole.
2.
CONDUCT OF CABINET MEETINGS
2.1
Chair
If the Leader or Deputy Leader is present, he/she will preside. In his/her absence, a
person appointed to do so by those present will preside.
2.2
Attendance
Cabinet meetings are open to all members of the public, subject to paragraph 1.7
above.
2.3
Business
At each meeting of the Cabinet the following business will be conducted:
2.3.1
consideration of the minutes of the last meeting;
2.3.2
declarations of pecuniary interest, if any;
2.3.3
matters referred to the Cabinet by the Council for reconsideration by the
Cabinet in accordance with the provisions contained in the Overview and
Scrutiny Procedure Rules or the Budget and Policy Framework Procedure
Rules set out in Part 4 of this Constitution;
2.3.4
receipt of written representations from Council Members or members of
the public; and
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2.3.5
2.4
matters set out in the agenda for the meeting, which will indicate which are
key decisions and which are not in accordance with the Access to
Information Procedure rules set out in Part 4 of this Constitution.
Consultation
All reports to the Cabinet from any member of the Cabinet or an officer on
proposals relating to the budget and policy framework must contain details of the
nature and extent of consultation with stakeholders and Overview and Scrutiny
Committee as well as the outcome of that consultation. Reports about other
matters will set out the details and outcome of consultation as appropriate. The
level of consultation required will be appropriate to the nature of the matter under
consideration.
2.5
The Agenda
2.5.1
Any member of the Cabinet may ask for an item to be placed on the
agenda of the next available meeting of the Cabinet for consideration. If
he/she receives such a request, the proper officer will comply.
2.5.2
The proper officer will make sure that an item is placed on the agenda of
the next available meeting of the Cabinet where the Overview and Scrutiny
Committee or the full Council have resolved that an item be considered by
the Cabinet.
2.5.3
There will be a standing item on the agenda of each meeting of the Cabinet
for matters referred by the Overview and Scrutiny Committee, the Council
or a member of the Cabinet. However, there cannot be more than six
such matters per Cabinet meeting.
2.5.4
At the discretion of the Leader, or other person chairing a Cabinet
meeting, members of the Council can be invited to take part in discussions
at that meeting.
2.5.5
The monitoring officer and/or the chief financial officer may include an item
for consideration on the agenda of a Cabinet meeting and may require the
proper officer to call such a meeting in pursuance of their statutory duties.
In other circumstances, where any two of the Chief Executive, chief
financial officer and monitoring officer are of the opinion that a meeting of
the Cabinet needs to be called to consider a matter that requires a
decision, they may jointly include an item on the agenda of a Cabinet
meeting. If there is no meeting of the Cabinet soon enough to deal with
the issue in question, then the person(s) entitled to include an item on the
agenda may also require that a meeting be convened at which the matter
will be considered.
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2.6
Minutes
2.6.1
The minutes of the meeting will be produced in a timely manner, made
available to the public and published on the website as soon as is
practicable.
2.6.2
The minutes of the meeting will record particulars of each decision made
and a summary of the matters in respect of which each decision was made.
2.6.3
The minutes will be agreed at the following meeting, with any amendments
to those minutes noted on the minutes of the meeting at which they were
agreed.
2.6.4
The minutes will be signed by the Chairman of the meeting at which they
are agreed.
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HART DISTRICT COUNCIL
CONSTITUTION
Part 4-6
OVERVIEW AND SCRUTINY PROCEDURE RULES
189
February 2014
OVERVIEW AND SCRUTINY PROCEDURE RULES – OVERVIEW AND
SCRUTINY COMMITTEE
1.
Arrangements for the Overview and Scrutiny Committee
The Council will appoint a Committee, set out in Article 6.
The terms of reference of the Committee in respect of matters will be:
1.1
the performance of all overview and scrutiny functions on behalf of the Council 24;
1.2
the appointment of such sub-committees as it considers appropriate to fulfil those
overview and scrutiny functions;
1.3
to prepare an annual overview and scrutiny work programme, including the
programme of any sub-committee it appoints, so as to ensure that the Committee’s
time is effectively and efficiently utilised;
1.4
to put in place a system to ensure that referrals from the Committee to the
Cabinet either by way of report or for reconsideration are managed efficiently and
do not exceed the limits set out in this Constitution;
1.5
in the event of reports to the Cabinet jeopardising the efficient running of Council
business, at the request of the Cabinet to make decisions about the priority of
referrals made.
2.
Members of the Committee
All councillors except members of the Cabinet may be members of the Committee.
However, no member may be involved in scrutinising a decision in which he/she has
been directly involved.
3.
Co-optees
The Committee will be entitled to recommend to Council the appointment of a
number of people as non-voting co-optees.
The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008 No 3261
excludes:
(a) any matter relating to a planning decision;
(b) any matter relating to a licensing decision;
(c) any matter relating to an individual or entity in respect of which that individual or entity has a right of
recourse to a review or right of appeal conferred by or under any enactment;
(d) any matter which is vexatious, discriminatory or not reasonable to be included in the agenda for, or to be
discussed at, a meeting of the overview and scrutiny committee or at a meeting of a sub-committee of that
committee.
24
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February 2014
4.
Meetings of the Committee
There shall be up to 12 scheduled meetings of the Committee in each year. In
addition, extraordinary meetings may be called from time to time as and when
appropriate. The Chairman may call a Committee meeting; a meeting may also be
called by any three members of the Committee or by the proper officer if he/she
considers it necessary or appropriate.
5
Quorum
The quorum for the Committee will be as set out for committees in the Council
and Committee Procedure Rules (Standing Orders) in Part 4 of this Constitution.
6.
Work programme
The Committee will be responsible for setting their own work programme and in
doing so they shall take into account wishes of members on that on the Committee
who are not members of the largest political group on the Council.
7.
Agenda items
7.1
Any member of the Committee will be entitled to give notice to the proper officer
that he/she wishes an item relevant to the functions of the panel to be included on
the agenda for the next available meeting of the Committee. On receipt of such a
request, the proper officer will ensure that it is included on the next available
agenda.
7.2
The Committee(s) will also respond, as soon as their work programme(s) permit,
to requests from the Council and (if it considers it appropriate) the Cabinet to
review particular areas of Council activity. Where the Council or Cabinet does so,
the Committee(s) will report its findings and any recommendations to the Cabinet
and/or Council, who will consider the report of the Committee(s) within one
month of receiving it.
8.
Policy review and development
8.1
The role of the Committee in relation to the development of the Council’s budget
and policy framework is set out in detail in the Budget and Policy Framework
Procedure Rules.
8.2
In relation to the development of the Council’s approach to other matters not
forming part of its policy and budget framework, the Committee may make
proposals to the Cabinet.
8.3
The Committee may hold inquiries and investigate the available options for future
direction in policy development and may appoint advisers and assessors to assist
them in this process. They may go on site visits, conduct public surveys, hold public
meetings, commission research and do all other things that they reasonably consider
necessary to inform their deliberations. They may ask witnesses to address them on
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February 2014
any matter under consideration and may pay advisers, assessors and witnesses a
reasonable fee and expenses for doing so.
9.
Reports from Committee
9.1
Once it has formed recommendations on proposals for development, the
Committee will prepare a formal report and submit it to either the proper officer
for consideration by the Cabinet (if the proposals are consistent with the existing
budgetary and policy framework), or the Council (e.g. if the recommendation would
require a departure from or a change to the agreed budget and policy framework).
9.2
If the Committee cannot agree on one single final report to the Council or the
Cabinet as appropriate, then up to one minority report may be prepared and
submitted for consideration by the Council or Cabinet with the majority report.
9.3
The Council or Cabinet shall consider the report of the Committee within one
month of it being submitted to the proper officer.
10.
Consideration by the Cabinet of Overview and Scrutiny Reports
10.1
The reports of the Committee referred to the Cabinet will be included at this point
in the agenda (unless they have been considered in the context of the Cabinet’s
deliberations on a substantive item on the agenda) within two months of the
Committee completing its report/recommendations.
10.2
The Committee will in any event have access to the Cabinet’s forward plan and
timetable for decisions and intentions for consultation. Even where an item is not
the subject of detailed proposals from the Committee following a consideration of
possible policy/service developments, the panel will at least be able to respond in
the course of the Cabinet’s consultation process in relation to any key decision.
11.
Rights of Committee members to documents
11.1
In addition to their rights as councillors, members of the Committee have the
additional right to documents, and to notice of meetings, as set out in the Access to
Information Procedure Rules in Part 4 of this Constitution.
11.2
Nothing in this paragraph prevents more-detailed liaison between the Cabinet and
the Committee, depending on the particular matter under consideration.
12.
Members and officers giving account
12.1
The Committee may scrutinise and review decisions made or actions taken in
connection with the discharge of any Council functions. As well as reviewing
documentation, in fulfilling the scrutiny role they may require any member of the
Cabinet, the head of paid service and/or any senior officer to attend to explain:
12.1.1
any particular decision or series of decisions;
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12.1.2
the extent to which the actions taken implement Council policy;
12.1.3
their performance.
and it is the duty of those persons to attend if so required.
12.2
Where any member or officer is required to attend the Committee under this
provision, the Chairman of the panel will inform the proper officer. The proper
officer will inform the Member or officer in writing, giving at least five clear working
days’ notice of the meeting at which he/she is required to attend. The notice will
state the nature of the item for which he/she is required to attend and whether any
papers are required to be produced for the Committee. Where the account to be
given to the Committee will require the production of a report, the Member or
officer concerned will be given sufficient notice to allow for preparation of that
documentation.
12.3
Where, in exceptional circumstances, the Member or officer is unable to attend on
the required date, the Committee shall in consultation with the Member or officer
arrange an alternative date for attendance.
13.
Attendance by others
The Committee may invite people, other than those people referred to in
paragraph 13 above, to address it in order to discuss issues of local concern and/or
answer questions. It may for example wish to hear from residents, stakeholders and
Members and officers in other parts of the public sector and will invite such people
to attend.
14.
Call-in
14.1
Call-in should be used only in exceptional circumstances. The circumstances in
which it can be used are as follows:
14.1.1
Any five or more non-executive Members will have the right within five
working days of the publication of the decision (subject to giving reasons)
to call in any Cabinet decision to the Committee on the grounds that it is:
14.1.1.1 contrary to policy;
14.1.1.2 contrary to budget; or
14.1.1.3 based on incorrect, inadequate or inaccurate information.
14.1.2
The Chief Executive may reject a request for call-in if he is of the view that
none of the grounds in 14.1.1.1 to 14.1.1.3 above has been satisfied.
14.1.3
Any five or more members will have the right within five working days of
the publication of the decision (subject to giving reasons) to call in to the
Committee any executive decision which is made under joint arrangements
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February 2014
or which is a key decision made by an officer with delegated powers from
the Cabinet on any of the grounds 14.1.1.1 to 14.1.1.3 set out in the
preceding paragraph.
14.1.4
Any fifteen members will have the right within five working days of the
publication of the decision to call in any executive decision direct to full
Council if they consider it to be a matter of such importance that it needs
to be considered by the full Council
14.2
When an executive decision is made by the Cabinet or under joint arrangements, or
a key decision is made by an officer with delegated authority from the Cabinet, a
record of that decision will be published on the website, and will be available at the
main offices of the Council normally within two days of being made. The proper
officer will send all Councillors copies of the records of all such decisions within the
same timescale. The record will bear the date on which it is published.
14.3
Subject to the urgency provisions in paragraph 15 below, any executive decision of
the type referred to in paragraph 14.2 above will come into force and may be
implemented following the expiry of five working days from the date of publication
of the record of the decision UNLESS before the expiry of that period the decision
is called in in accordance with these rules.
14.4
Members will notify the proper officer of any executive decision that they wish to
call in within five days of the date of its publication. The proper officer shall refer
any decision that is called in accordance with these Rules to either the Overview
and Scrutiny Committee or full Council as appropriate. The proper officer shall
notify the decision-taker of the call-in.
14.5
The Committee will, as soon as practicable, consider any decision that has been
called in (unless under para 14.1.4 above members elect to call in directly to full
Council).
14.6
If, having considered a called-in decision, the Committee is still concerned about it,
then it may either refer it back to the decision-taker for reconsideration, setting out
in writing the nature of its concerns, or refer the matter to full Council. If referred
to the decision-taker, that person or body will then reconsider the decision within a
further 10 working days, or at its next scheduled meeting (whichever is the later)
amending the decision or not, before adopting a final decision.
14.7
If, having considered a called-in decision, the Committee does not refer the matter
back to the decision-taker or onwards to full Council, the decision will take effect
on the next working day after the Committee meeting.
14.8
If, in the view of the proper officer, the Committee fails to consider as soon as
practicable any decision that has been called in to the Committee, the proper
officer will refer the matter to the next available meeting of full Council.
14.8.1
If the matter is referred to full Council and Council does not object to a
decision that has been made, no further action is necessary, and the
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decision will take effect on the next working day after the Council meeting.
However, if Council does object, it has no locus to make decisions in
respect of an executive decision unless it is contrary to the policy
framework, or contrary to or not wholly consistent with the budget.
Unless that is the case, Council will refer any decision to which it objects
back to the decision-taker, together with the Council’s views on the
decision. The decision taker will consider whether to amend the decision
before reaching a final decision and implementing it.
15.
Call-in and urgency
15.1
The call-in procedure set out above will not apply where the decision being taken
by the Cabinet is urgent. A decision will be urgent if any delay likely to be caused by
the call-in process would seriously prejudice the Council’s or the public’s interests.
The record of the decision will state whether, in the opinion of the decision-making
person or body, the decision is an urgent one, and therefore not subject to call-in.
The Chairman of the Council and the Chairman of the Committee must agree both
that the decision proposed is reasonable in all the circumstances and to it being
treated as a matter of urgency. In the absence of either chairman, the relevant vicechairman’s consent will be required. In the absence of the required Members, the
Chief Executive or his/her nominee’s consent shall be required. Decisions taken as a
matter of urgency must be reported to the next available meeting of the Council,
together with the reasons for urgency.
16.
The party whip
No party whip shall be applied to the proceedings of the Committee.
17.
Procedure at committee meetings
17.1
The Committee and sub-committees will consider the following business:
17.2
17.1.1
minutes of the last meeting;
17.1.2
declarations of pecuniary interest;
17.1.3
consideration of any decisions “called in” to the committee;
17.1.4
whether any Cabinet decisions published since the committee last met
should be “called-in” for consideration or referred to Council;
17.1.5
responses of the Cabinet to reports of the Committee; and
17.1.6
the business otherwise set out on the agenda for the meeting.
Where the Committee conducts investigations, it may also ask people to attend to
give evidence at meetings that are to be conducted in accordance with the following
principles:
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February 2014
17.3
that the investigation be conducted fairly and all members of the panel be given the
opportunity to ask questions of attendees, and to contribute and speak;
17.4
that those assisting the committee by giving evidence be treated with respect and
courtesy; and
17.5
that the investigation be conducted so as to maximise the efficiency of the
investigation or analysis.
17.6
Following any investigation or review, the Committee will prepare a report, for
submission to the Cabinet and/or Council as appropriate, and shall make its report
and findings public.
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HART DISTRICT COUNCIL
CONSTITUTION
Part 4.7
FINANCIAL REGULATIONS
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April 2013
1.
GENERAL
FR1
1.1
These Financial Regulations are made pursuant to the Local Government Act
1972 Section 151 the Accounts and Audit Regulations 2003 (as amended) and
all other enabling powers.
1.2
These Financial Regulations shall come into force on 1 April 2013.
1.3
In these Financial Regulations:
1.3.1
‘approved’ means either signed in writing or approved electronically
by secure means;
1.3.2
‘authorised officer’ means an Officer authorised by the Head of
Finance or Chief Executive, Director or Head of Service for the
purposes of these Financial Regulations or such of them as may be
determined;
1.3.3
‘budget holder’ means the relevant Head of Service, Chief Executive,
Director or other officer authorised by such Head of Service to
supervise a budget;
1.3.4
‘Committee’ means an ordinary committee of the Council
1.3.5
‘Head of Service’ means those officers so described in the Council’s
Constitution;
1.3.6
‘relevant Head of Service’ means the Head of Service to whom
authority to act has been given by the Council, the Cabinet, a
Committee or Sub-Committee whether by express resolution or
under the Scheme of Delegation to Officers.
1.4
The names of officers authorised to certify or sign documents, including
electronic purchase orders, under these Financial Regulations shall be sent to
the Head of Finance by each budget holder together with specimen
signatures and shall be amended on the occasion of any change.
1.5
Nothing in these Financial Regulations shall prejudice the validity of any
actions taken before 1 April 2013 under any previous Financial Regulations.
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2.
BUDGET PREPARATION
FR2
2.1
2.2
Each year the Heads of Service, or other authorised officers, shall in
accordance with a timetable prescribed by the Head of Finance commence
the budget process by:
2.1.1
reviewing existing income and expenditure commitments;
2.1.2
identifying any areas for budgetary growth or reduction;
2.1.3
reviewing sources and projections of income; and proposing to the
Head of Finance items for inclusion in the draft budget.
In proposing items for inclusion in the draft budget the Heads of Service shall
have regard to:
2.2.1
any financial strategy adopted by the Council;
2.2.2
any other strategies approved by the Council;
2.2.3
prescriptions, restrictions or guidelines issued by Government
Departments;
2.2.4
guidelines issued by the Council, the Cabinet or the Head of Finance;
2.2.5
any pay award to the Council's staff already made;
2.2.6
any likely pay award to staff;
2.2.7
any change in the level of members’ allowances already sanctioned by
the Council;
2.2.8
any likely change in members’ allowances;
2.2.9
opportunities for reducing costs;
2.2.10 opportunities for increasing income;
2.2.11 changes in fee income already sanctioned or prescribed by statute or
Government Department;
2.2.12 changes in costs already established by statute or the action of
Government Departments;
2.2.13 the outcome of internal and external consultation;
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2.2.14 any timetable prescribed by the Head of Finance for the submission of
items for inclusion in the draft budget.
3.
DRAFT BUDGET
FR3
3.1
The Head of Finance shall produce a report for the Cabinet setting out
proposals for a draft budget which shall include all items relating to revenue,
capital and repairs and renewals, including an estimate of the revenue charge
for the financial year to which the item relates and an indication of whether
the item of income or expenditure is recurring.
FR4
4.1
Each year as part of the budget report the Head of Finance shall present a
financial forecast for the budget year and the following year of the Council’s
commitments based on levels of service and efficiency and reflecting also
decisions already taken on new commitments.
FR5
5.1
6.
The Cabinet shall on or before the end of the first week in February in each
year, consider and have regard to a report from the Head of Finance
concerning the draft budget and submit to the Council:
5.1.1
its recommended draft budget;
5.1.2
its recommendations as to the Council tax necessary to meet the
Council’s expenditure;
5.1.3
its proposals for financing the Council’s proposed capital expenditure;
5.1.4
a statement of the requirements of precepting authorities;
5.1.5
the statutory calculations.
APPROVAL OF BUDGET AND EXPENDITURE
FR6
6.1
The Council shall meet annually, not later than the 8th March, for the
purposes of approving the draft budget as recommended by the Cabinet
determining the Council tax to be levied for the ensuing financial year and the
dates of instalments by which the Council tax is to be payable and the
Council’s borrowing and investment strategy.
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FR7
7.1
Subject to FR8 or except where the Council otherwise determines (in
accordance with FR9) the approval by the Council of the draft budget shall
entitle the Cabinet, relevant Committee, Chief Executive, Director or
relevant Head of Service or budget holder to expend such approved sums.
FR8
8.1
8.2
Subject to FR8.2 no capital expenditure shall be incurred in respect of any
item until specific approval has been given by the Cabinet to the purpose and
amount of the expenditure following consideration of a report by the
relevant Head of Service agreed with the Head of Finance including:
8.1.1
the estimated total cost of the project, including provision for
inflation, fees, salaries and incidentals;
8.1.2
the estimated annual cost of maintenance, debt charges (if any) and
other revenue expenditure, and estimated annual income;
8.1.3
details and the estimated cost of any consequential or incidental
works;
8.1.4
details of the proposed use and a scheme of management of the
project after completion, including changes in the manpower
establishment;
8.1.5
details and the cost of any works to be superseded;
8.1.6
details and estimates of any capital receipts which may be anticipated.
No specific approval shall be required under FR8.1 where:
8.2.1
the information specified in FR8.1.1 to 8.1.6 was taken into account
when the budget was approved; or
8.2.2
none of the information specified in FR8.1.1 to 8.1.6 is relevant to the
capital expenditure proposed; or
8.2.3
the only information specified in FR8.1.1 to 8.1.6 relevant to the
capital expenditure proposed is loss of interest and that item was
taken into account when the budget was approved.
FR9
9.1
The Council may determine that no expenditure shall be incurred in respect
of an item until specific approval has been given by the Cabinet to the
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purpose and amount of the expenditure following consideration of a report
by the relevant Head of Service including:
10.
9.1.1
the estimated total cost of the project, including provision for
inflation, fees, salaries and incidentals;
9.1.2
the estimated annual cost of maintenance, debt charges (if any) and
other revenue expenditure, and estimated annual income;
9.1.3
details and the estimated cost of any consequential or incidental
works;
9.1.4
details of the proposed use and a scheme of management of the
project after completion, including changes in the manpower
establishment;
9.1.5
details and the cost of any works to be superseded;
9.1.6
details and estimates of any capital receipts which may be anticipated.
VARIATION OF THE COUNCIL’S APPROVED BUDGET
FR10
10.1
Except as provided by FR10.2 and subject to FR10.3 the Cabinet, Committee
or officer shall not incur unbudgeted expenditure or reduce budgeted income
without the prior approval of the Council.
10.2
The exceptions referred to in FR10.1 are:
10.2.1 authorised under FR12 to 15;
10.2.2 as required by any decision of a recognised negotiating body, affecting
the remuneration, rates of pay or other conditions of service or
employment of the Council’s officers or other employees;
10.2.3 by any decision of the Council, the Cabinet with respect to merit
awards and regrading;
10.2.4 as required by any statutory amendment to rates or amounts of tax,
duty, National Insurance Contributions, social security benefits or
allowances or pension contributions.
10.3
Any proposal to vary the purposes of or amounts in the approved budget
shall be referred to the Head of Finance before inclusion in any report to the
Cabinet, a Committee or the Council.
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FR11
11.1
Any proposal involving the extension of a service, the introduction of a new
service, the inauguration of a new project or any matter not previously
approved as Council policy shall be submitted to the Cabinet, together with a
request for any necessary supplementary estimate.
12.
VIREMENT
FR12
12.1
Corporate Directors and Heads of Service may approve the virement of
budgeted expenditure not exceeding £10,000 between services after
consultation with their Portfolio Holder and the Head of Finance.
12.1.1 such a transfer shall not be used to vary the establishment of
employees;
12.1.2 such transfer would not impose a burden on the Council tax and
revenues for future years;
12.2
The Cabinet may approve a transfer from one budget under its supervision to
another in respect of sums not exceeding £50,000 revenue or £100,000
capital.
12.3
If the Cabinet wishes to increase the provision in any budget by way of
transfer from another budget by a sum in excess of those referred to in
FR12.2, it shall make a request to the Council.
13.
SUPPLEMENTARY ESTIMATES
FR13
13.1
The Head of Paid Service may at the request of the relevant Head of Service
and after having consulted the Cabinet member having responsibility for
finance and the relevant Cabinet member or Committee chairman for the
service concerned approve a supplementary revenue estimate by way of an
increase of the provision in any budget under the Head of Service’s
supervision or for a purpose not included in the Head of Service’s budget,
not exceeding £10,000 provided that the supplementary estimate shall not:
13.1.1 be used to defray capital financing costs;
13.1.2 used to defray asset rents;
13.1.3 cause the establishment of employees to be varied;
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April 2013
13.1.4 impose a burden on the Council tax revenues of future years except
where such a burden is consequent upon the approval by the Chief
Executive under this FR14 of a supplementary estimate to meet the
costs of regrading staff.
13.2
The Head of Finance shall report all supplementary estimates or salary
increments approved under delegated authority to the following meeting of
the Cabinet following such approval.
14.
AUTHORISATION OF EXPENDITURE
FR14
14.1
A Head of Service responsible for the implementation of a capital scheme or
for the supervision of a revenue budget shall be authorised to expend the
amounts provided in the budget for that scheme or purposes, subject to:
14.1.1 compliance with the Council’s Constitution;
14.1.2 Contract Standing Orders;
14.1.3 these Financial Regulations;
14.1.4 such specific limitations as may be prescribed by the Cabinet;
14.1.5 such expenditure being defrayed only within the financial year for
which budget was approved.
FR15
15.1
Neither the Cabinet nor a Head of Service shall incur expenditure on capital
account for any purpose for which no provision has been made in the budget,
nor, except under the provisions of FR18 exceed for any purpose the total
approved capital cost of any project without prior approval of the Cabinet.
FR16
16.1
As soon as a Head of Service becomes aware either that
16.1.1 the total capital cost of a scheme, as approved by the Council, is likely
to be exceeded by:
(a)
10% in respect of an approved capital cost of £100,000 or less;
or
(b)
5% in respect of an approved capital cost in excess of
£100,000; or
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16.1.2 payments under the contract (excluding the effect of any fluctuations
clause) are likely to exceed the contract sum by similar percentages
then the Head of Service shall report to the appropriate Committee
and obtain the approval of the Cabinet to a revised capital budget.
FR17
17.1
A Head of Service proposing to make a report to the Council, the Cabinet or
a Committee having financial implications shall submit a draft of such report
to the Head of Finance in order that the Head of Finance may be satisfied
that all relevant financial information is contained including the effects on
future years’ budgets and alternative means of financing where appropriate.
17.2
A Head of Service proposing to make a report to the Council, the Cabinet or
a Committee shall submit a draft of such report to the Monitoring Officer in
order that the Monitoring Officer may be satisfied that all legally relevant
information is contained.
18.
ACCOUNTS
FR18
18.1
Each budget holder shall designate an officer to be responsible for financial
and accounting work in respect of that budget holder’s budget.
FR19
19.1
Each budget holder shall ensure that the same officer is not responsible for
receiving or paying monies and rendering accounts or issuing receipts for the
same.
FR20
20.1
Each budget holder shall consult the Head of Finance before introducing,
amending or discontinuing any record or procedure related to accounting for
cash, stores or equipment, or dealing with income, expenditure or other
financial transactions in respect of the budgets under the budget holder’s
supervision.
FR21
21.1
Any officer who is required to account for any cash or funds belonging to the
Council shall submit an account for the same to the Head of Finance as soon
as possible after the close of the financial year, and in any case, not later than
1st May following.
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April 2013
FR22
22.1
The Head of Finance shall determine at the end of each year which revenue
budgets can be slipped to cover essential expenditure unavoidably delayed
from one year to the next.
FR23
23.1
The Head of Finance shall submit, no later than the 30 September following
the close of the financial year, a full statement of accounts to the Audit
Committee for approval.
24.
AUDIT
FR24
24.1
The Head of Finance shall approve all accounting systems and shall maintain a
continuous, comprehensive and up-to-date internal audit. For this purpose
the Head of Finance shall have access to all records and persons which and
whom he considers to be relevant and authority to apply such tests and
checks as may be necessary. The Head of Finance shall report at least
annually to the Audit Committee on the results of internal audit.
FR25
25.1
Each Head of Service and budget holder shall take steps to prevent and to
detect irregularity and fraud concerning the income, expenditure, cash, stores
or other assets of the Council or in the exercise of the functions of the
Council and any employee of the Council who has any knowledge or wellfounded suspicion of any irregularity shall forthwith inform the Head of
Finance, the Head of Internal Audit and the Monitoring Officer who shall
investigate, and report if necessary.
26.
ORDERS AND PAYMENTS
FR26
26.1
The procurement of services, supplies and works shall comply with the
Council's Contract Standing Orders and except where a formal contract is
made, all orders for services supplies and works shall be issued or confirmed,
where possible, only on the Council's purchase order form containing such
information and according to such system as may be approved by the Head of
Finance .
FR27
27.1
Oral orders shall be confirmed by formal purchase order prepared the same
day.
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FR28
28.1
All orders shall, so far as possible, be issued in sufficient detail to identify
completely and accurately the services supplies or works required and shall
specify where applicable the quotation and contractual arrangements.
FR29
29.1
Orders shall be approved by the appropriate Head of Service or other
authorised officer provided that officers authorised to approve orders shall
approve in their own names.
FR30
30.1
Any officer ordering services, supplies or works shall have regard to the use
of central purchasing arrangements (if any) and to the possibilities of the
standardisation of supplies.
FR31
31.1
All payments made on behalf of the Council shall be made in accordance with
arrangements approved by the Head of Finance.
FR32
32.1
Each Head of Service and budget holder shall check and certify or require to
be checked and certified in the manner and to the extent approved by the
Head of Finance all relevant invoices, and accounts and shall be satisfied
before payment that the liabilities represented have been properly incurred
and not previously discharged.
FR33
33.1
Each Head of Service and budget holder shall ensure that payments are made
within a time scale to comply with its contractual obligations, taking account
of the need to maintain a good relationship with its suppliers.
FR34
34.1
All budget holders shall ensure that, when appropriate, VAT invoices are
received from suppliers, contractors or service providers and that the VAT
element is separately coded on all payment vouchers.
34.2
Where the Council is reimbursing a third party’s costs or other
disbursements, budget holders shall seek advice from the Head of Finance to
ensure that the correct VAT procedures are followed.
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FR35
35.1
All budget holders shall pay urgently and in sufficient time for the discount to
be obtained all certified and checked invoices and accounts subject to
discount for prompt payment.
FR36
36.1
Each budget holder shall give to the Head of Finance details of all orders for
services supplies or works in respect of which bills have not been received at
31st March in each year, together with the estimated amounts payable by no
later than 10 days after the conclusion of the relevant financial year. When
such accounts are subsequently certified for payment, the budget holder
concerned shall identify them accordingly.
37.
PAYMENT OF SALARIES, WAGES AND OTHER EMOLUMENTS
FR37
37.1
Each Head of Service shall notify the Corporate Director ( Services) as soon
as possible and in the form prescribed, of all matters affecting the payment of
salaries, wages and other emoluments to officers and other employees of the
Council, and in particular concerning:
37.1.1 appointments, resignations, dismissals, suspensions, secondments and
transfers;
37.1.2 absences from duty for sickness or other reason, apart from annual l
eave;
37.1.3 changes in remuneration, other than normal increments and pay
awards and agreements of general application;
37.1.4 information necessary to maintain records of service for pension,
income tax, national insurance contributions, allowances and the like.
37.2
Heads of Service shall use reasonable endeavours to meet the
timetable for next payroll following the action referred to in FR39.1.
FR38
38.1
Each Head of Service shall notify the Corporate Director ( Services)
promptly of starting and leaving dates of all casual staff and will process
payments for such staff in the manner approved by the Head of Finance.
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FR39
39.1
All time records or other pay documents shall be in a form prescribed or
approved by the Head of Finance and shall be certified by the relevant Head
of Service or authorised officer.
40.
IMPREST ACCOUNTS - PETTY CASH
FR40
40.1
The Head of Finance shall decide, in consultation with the appropriate Head
of Service, the imprest accounts to be operated, their value, and the
arrangements to be made for advancing money to and accounting for
expenditure from such accounts.
FR41
41.1
A Head of Service to whom an advance is made under FR42 shall be
responsible for ensuring the proper use and safe custody of the money
advanced.
FR42
42.1
Payments from imprest accounts shall be limited to such minor items of
expenditure, and to such other items, as the Head of Finance may approve.
FR43
43.1
An officer responsible for, or operating an imprest account, shall, if so
requested, give to the Head of Finance a certificate as to the state of the
imprest account.
FR44
44.1
On leaving the employment of the Council or otherwise ceasing to be
responsible for or to operate an imprest account, the officer shall account to
the Head of Finance for imprest advance.
45.
INCOME
FR45
45.1
The Head of Finance shall be responsible for all arrangements as to the
collection, custody, control, disposal and prompt and proper accounting for
all cash and remittances and for the system of accounting for all sums due to
the Council.
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45.2
Each budget holder shall ensure that cheques and other payment methods
shall be made payable to the Council and not to individual officers.
45.3
Any payments taken by officers outside of the cash office shall be subject to
the issue of an official receipt and must be promptly taken to the cash office
for banking.
FR46
46.1
The Head of Finance shall be notified promptly of all contracts, other
agreements and arrangements entered into which involve the receipt of
money by the Council and the Head of Finance, the internal and external
auditors and the Monitoring Officer shall have the right to inspect any
documents or other evidence in this connection as they may decide and they
shall further be given details by the budget holder concerned of all other
monies becoming payable to the Council as the Head of Finance may require.
FR47
47.1
All money received by an officer on behalf of the Council shall without delay
be paid to the Head of Finance or, if instructed by him or her, to the
Council’s banking account or to any other body or person entitled. No
deduction may be made from such money save to the extent that the Head
of Finance may specifically authorise. Each officer who so banks money shall
enter on the paying-in slip a reference to the related debt (such as the
receipt number or the name of the debtor) or otherwise indicate the origin
of the money on the reverse of each cheque the officer shall enter the name
of the department, office or establishment.
47.2
Officers may not substitute personal cheques for cash payment received on
behalf of the Council.
FR48
48.1
All postal remittances should be promptly entered in the post book by the
post opener concerned. In departments where cash remittances are received,
post should be opened by two post openers and remittances paid into the
cash office without deduction.
FR49
49.1
Every transfer of money, held on behalf of the Council, from one officer to
another shall be evidenced by the signature of the receiving officer.
FR50
50.1
All remittances in the form of negotiable instruments shall immediately on
receipt be marked with a crossing stamp indicating the name of the bank
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nominated under FR56 followed by the words “A/Hart District Council - Not
negotiable”.
FR51
51.1
All official receipt forms, priced tickets, vouchers and similar documents shall
be ordered, controlled and issued only by or in accordance with
arrangements approved by the Head of Finance, and all receipting systems
shall be under the direction of the Head of Finance
FR52
52.1
Every officer who receives money shall comply with any requirement of the
Head of Finance with regard to the safe custody of such money.
53.
EXCUSAL OF DEBTS
FR53
53.1
Debts up to the value of £5,000 may be written off on the authority of the
Head of Finance where the debt is deemed irrecoverable or is unlikely to be
recovered at economic cost.
Debts over £5,000 must be referred to the Head of Finance who will seek
approval from the Cabinet Member with responsibility for finance.
All write-offs must be reported to the next meeting of Cabinet.
54.
BANKING AND CHEQUES
FR54
54.1
The Head of Finance shall operate a bank account or accounts together with
any associated credit card accounts, to carry out the Council’s banking
transactions at the bank nominated by the Cabinet and shall be responsible
for the operation of all bank accounts and the issue of all cheques and
electronic payments on behalf of or in the name of the Council.
54.2
No banking or credit card account shall be opened on behalf of or in the
name of the Council at any bank, unless in accordance with the counter
parties approved with the Council’s Treasury Management Strategy.
FR55
55.1
Each budget holder shall ensure that wherever possible arrangements are
made for payments to be made to the Council by electronic means.
55.2
Notwithstanding FR57.1 no officer shall make arrangements for recurrent
payments to be made by direct debit or standing order without the prior
approval of the Head of Finance.
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55.3
No officer shall make arrangement for the payment on behalf of the Council
by credit or debit card unless using an approved Council purchase card.
FR56
56.1
All cheque forms shall be ordered only on the authority of the Head of
Finance. An officer nominated for the purpose by the Head of Finance shall
be responsible for the control of all unused cheque forms, and shall make
proper arrangements for their safe custody and shall issue only such cheque
forms as are required to meet duly authorised orders for payment.
FR57
57.1
All cheques drawn on accounts of the Council shall bear the printed
signature of the Head of Finance or such other officer as the Head of Finance
may designate.
FR58
58.1
The Head of Finance shall be authorised to incur, on behalf of the Council,
such overdraft at the Council’s bank as may, from time to time, be authorised
by the Cabinet.
59.
PROPERTY HOLDINGS
FR59
59.1
The Corporate Director ( Services) shall arrange for the maintenance of a
terrier of all land owned by the Council recording the purpose for which
held, including details of any appropriations, location, extent and plan
reference, purchase details, particulars of nature of interest and rents
receivable or payable, particulars of any tenancies granted and details of
easements and other encumbrances, if any, to which the land is subject.
59.2
The Corporate Director ( Services) shall have the custody of all title deeds
under secure arrangements agreed with the Head of Finance.
59.3
Each Head of Service shall be responsible for maintaining in conjunction with
the Head of Finance sufficient information to enable the Council to comply
with the relevant Accounting Codes of Practice.
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60.
INSURANCE AND ASSESSMENT OF RISK
FR60
60.1
The Head of Finance shall promptly effect all necessary insurances and
annually report to the Cabinet on the adequacy of the insurance
arrangements made.
60.2
The Head of Internal Audit shall issue guidance to all Heads of Service on risk
management and good practice and the Council's requirements in managing
risks.
FR61
61.1
Each Head of Service shall notify the Head of Finance of the extent and
nature of all insurable risks on new or newly acquired properties, assets,
liabilities and rights in respect of which such risks can arise and of any
material alterations in existing insurable risks on properties, assets, liabilities
and rights in the control of his or her Department; and such information
required to assess the amount of insurance cover which it is desirable to
maintain.
FR62
62.1
The Head of Finance shall be notified immediately in writing by the relevant
Head of Service of any loss, liability or damage suffered by or occasioned to
any person, property or thing.
FR63
63.1
All appropriate officers and employees of the Council shall be included in a
fidelity guarantee policy.
FR64
64.1
All Heads of Service shall bring to the attention of their staff any situation
where they think the Council may be at risk from an insurance claim or
where immediate action may minimise the risk of such a claim in the future.
64.2
All Heads of Service shall in proposing a course of action consider and
document the risks arising from or in connection with such action including
in particular the financial risks.
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65.
CLAIMS
FR65
65.1
The Head of Finance shall deal with claims against or on behalf of the Council
arising from insured risks.
FR66
66.1
Where any claim is made against the Council which is recoverable under a
policy of insurance, the Head of Finance shall be authorised to incur any
necessary expenditure in meeting the claim subject to prior consultation with
the Council’s insurers.
67.
CONTRACTS
FR67
67.1
Heads of Service shall comply with the Council's Contract Standing Orders
concerning the letting of contracts.
67.2
Before entering into any contract other than for ordinary supplies or services
and particularly with regard to contracts for works each Head of Service shall
consult the Head of Finance concerning the VAT implications of the
proposed contractual arrangements.
67.3
Before entering into any contract other than for ordinary services, supplies
or works each Head of Service shall consult the Head of Finance concerning
the methods of financing including in particular the use of leasing.
67.4
Immediately a contract has been entered into other than by way of an official
order, the relevant Head of Service shall supply to the Head of Finance such
information concerning the contract as the Head of Finance may require.
67.5
Immediately a contract having an aggregate consideration of £10,000 or more
has been entered into the relevant Head of Service shall supply to the
Corporate Director ( Services) such information concerning the contract as
the Corporate Director ( Services) may require to enable the Corporate
Director ( Services) to maintain the central contracts register.
FR68
68.1
Each Head of Service shall keep a register of all contracts referred to in FR69
above showing the state of the account in respect of each such contract
together with any related professional fees, and of all variations, additions or
omissions and any other relevant details.
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68.2
Any variation order to any such contract shall be authorised in writing by the
relevant Head of Service or other person nominated by him or her in writing
for that purpose and shall be numbered consecutively.
FR69
69.1
Payments in respect of contracts for supplies or works shall be made only on
a certificate or invoice, the form of which shall be approved by the Head of
Finance, signed by the relevant Head of Service or other person authorised
by him or her and showing the total amount of the contract, the value of
supplies or work received to date, the retention money, the amount
previously certified and the amount now certified for payment.
FR70
70.1
Certificates for interim payments on account of contracts shall be dealt with
promptly so that payment can be made in every case within the time
prescribed in the contract in particular to avoid claims for breach of contract,
interest charges or penalties.
FR71
71.1
The relevant Head of Service shall when issuing certificates under FR72
ensure the correctness of payments to which the certificates relate.
FR72
72.1
Before any final certificate for payment of monies or release of retention
monies is issued under the contract, the contractor’s final account, together
with all relevant documents, shall be forwarded to the relevant Head of
Service and no final certificate or release shall be granted until the relevant
Head of Service has signified his or her approval of the amount to be so
certified.
72.2
Claims from contractors shall be referred to the Corporate Director
(Services), for consideration of the Council’s legal liability and, where
necessary, to the Head of Finance for financial consideration before a
settlement is reached.
FR73
73.1
Any surpluses or deficiencies of stores revealed at any time shall be reported
immediately to the Head of Finance who shall be empowered to authorise
the Head of Service concerned to bring on charge or “write-off” stores up to
a value not exceeding £100 in respect of any group of items in relation to any
one store. Any surpluses or deficiencies in excess of these amounts shall be
reported to the Cabinet for approval to the necessary adjustments in
records.
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FR74
74.1
Each Head of Service shall, with the approval of the Head of Finance, have
authority to dispose of all materials, plant, fittings, equipment, stock or stores
which are surplus to requirements or which by reason of damage,
obsolescence or wear, are no longer serviceable for the purpose for which
they are held, provided that:
74.1.1 they are disposed of at the best price reasonably obtainable;
74.1.2 at least three written quotations shall be obtained and a subsequent
report shall be made to the Cabinet if the estimated value of all such
surplus materials etc., to be disposed of exceeds £10,000 but does not
exceed £50,000;
74.1.3 at least three tenders shall be invited by public advertisement if the
estimated value of all such surplus materials etc., to be disposed of
exceeds £50,000;
74.1.4 in the case of the disposal of surplus or obsolete vehicles, the
appropriate Head of Service may, as an alternative to the procedure in
FR76.1.2 and 76.1.3 above, with the approval of the Head of Finance,
dispose of the vehicles through an established public car auction.
74.2
Contractual arrangements for the disposal of supplies shall be subject to the
Council's Contract Standing Orders and terms agreed shall minimise the
Council's liabilities.
75.
TRAVELLING, SUBSISTENCE AND OTHER ALLOWANCES
FR75
75.1
Employees’ claims for payment of car allowances, subsistence allowances,
travelling and incidental expenses shall be submitted promptly to the
Corporate Director ( Services), duly certified by the relevant Head of Service
or authorised officer in a form approved by the Head of Finance and made up
to a specified day of each month.
FR76
76.1
Members of the Council and co-optees entitled to receive allowances under
the scheme of members’ allowances shall comply with the requirements of
the scheme of members’ allowances.
76.2
Payments to Members of the Council and co-optees who are entitled to
claim allowances, shall be made by the Corporate Director ( Services) upon
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receipt of the prescribed form duly completed. All claims for a financial year
shall be submitted within one month of the 31st March.
FR77
77.1
The certification by the relevant Head of Service or authorised officer shall
be taken to mean that the certifying officer is satisfied that the journeys were
authorised, the expenses properly and necessarily incurred and that the
allowances are properly payable by the Council.
FR78
78.1
All recipients of car allowances and other officers and Members of the
Council who use their vehicles for Council business shall indemnify the
Council against claims from third parties and shall produce insurance policies
and/or renewal receipts as required by the Head of Finance.
79.
INVENTORIES
FR79
79.1
Each Head of Service shall be responsible for the plant, vehicles, machinery,
equipment, tools, furniture and other moveable property, for maintaining
suitable records and for ensuring that so far as is expedient to do so all items
are effectively marked as Council property.
FR80
80.1
Each Head of Service shall maintain an inventory, in a form approved by the
Head of Finance of all plant, vehicles, machinery, equipment, tools, furniture
and other moveable property.
FR81
81.1
Each Head of Service shall arrange a stocktaking of items on the inventory
records so that all items are checked at least once in each year. Any
deficiency shall be reported to the Head of Finance who may authorise the
adjustment of the inventory to take account of the deficiency if he or she is
satisfied that the item or items deficient cannot be found or recovered and
provided the estimated value of the deficiency does not exceed £100. In
excess of that sum the facts of the deficiency shall be reported to the Cabinet
for approval to amend the records.
FR82
82.1
The Council’s property shall not be removed otherwise than in accordance
with the ordinary course of the Council’s business or used otherwise than
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for the Council’s purposes except in accordance with directions issued by the
Head of Service concerned.
83.
BORROWING AND INVESTMENTS
FR83
83.1
All investment and borrowing activity shall be undertaken in a manner which
complies with the statutory requirements, the Prudential Code approved
under the Local Government Act 2003, CIPFA Code of Practice and the
Council’s Treasury Management Policy Statement, including those parameters
agreed annually within the Treasury Strategy Report.
FR84
84.1
The Head of Finance shall submit a report twice yearly to the Cabinet
detailing the investment and borrowing activity on behalf of the Council for
that period and demonstrating compliance with the Treasury Management
Policy Statement. All investments shall be made in the name Constitution of
the Council. The investment of available funds shall be the responsibility of
the Head of Finance.
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HART DISTRICT COUNCIL
CONSTITUTION
Part 4-8
CONTRACT STANDING ORDERS
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Contract Standing Orders
1.
2.
Introduction
1.7
Sharing or Delegation of Services
1.11
Contract Thresholds
1.12
Aggregation
1.14
Exceptions to Standing Orders
1.18
Restrictions on contracts with certain persons
Stage 1 - Pre contract procedures
2.1
3.
Project approval
2.11
Capital Spend
2.12
Revenue Spend
2.4
Award Criteria
2.8
Pricing Schedule/Bill of Quantities
2.10
Soft Market Testing
2.12
Alterations to the project content
Stage 2 - Procedure for Obtaining Tender
3.1
Framework agreements and Select Lists
3.2
Framework Agreements
3.3
Select Lists
3.4
For contracts below £50,000: Where a framework agreement/select list is
not being used
3.5
For contracts above £50,000: Where a framework agreement/select list is not
being used
3.6
Open procedure
3.7
Restricted Procedure
3.8
Negotiated and Competitive Dialogue Procedure
3.9
Tendering under EU directives.
3.11
Advertising requirements
3.13
Contractor quality
3.15
TUPE
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4.
3.16
Bonds
3.17
Parent Company Guarantee
Stage 3 Evaluation and acceptance of Tenders
4.1
Receipt and opening of tenders
4.1.1. Paper Tenders
4.2
Electronic Tenders
4.3
Evaluation of Quotations Tenders
4.6
Tender Clarifications
4.7
Re-tendering
4.9
Acceptance of Quotations or Tenders
4.10
Contents of orders and contracts
4.10.1 Purchase orders
4.10.2 Contracts
4.14
Managing Contracts
4.17
Liquidated Damages
4.18
Surplus Goods
4.19
Disclosure
Appendix A Land Disposals
Appendix B Definitions
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1.
Introduction
1.1
These Contract Standing Orders (CSOs) form part of the Council’s Constitution.
Compliance by all staff is therefore mandatory and contravention is a serious matter
which could lead to disciplinary action.
These CSOs apply to all contracts (except contracts of employment) for the supply
of services, goods and works entered into by the Council, with some exceptions (see
paragraphs 1.7, 1.9 and 1.14).
1.2
1.3
These CSOs have three main purposes:
(a)
to ensure that the Council obtains value for money from procurement, so
that in turn it may offer best value services to the public;
(b)
to comply with the laws that govern the spending of public money; and
(c)
to ensure procurement is carried out fairly and transparently.
All Contracts must comply with:
•
These CSOs;
•
The Councils Financial Regulations;
•
The Council’s Scheme of Delegation;
•
Any other applicable part of the Council’s Constitution;
•
Any Statutory Provision;
•
Government regulations, including Regulations issued by the Commission of
the European Union;
•
Directives and Decisions issued by the Commission of the European Union;
and
•
The established and applicable Case Law of the English Courts, including the
settled jurisprudence of the European Court of Justice, the European Court of
First Instance and of the European Court of Human Rights.
1.4
The Head of Finance is responsible for keeping these CSOs under review. If the
CSOs conflict with EU Directives or any other legislation then the legislation takes
precedence.
1.5
All matters connected with quotations, tenders and contractors prior to contract
award should, subject to Freedom of Information (FOI) be treated as “commercially
sensitive” including the correction of error/omissions and any clarifications required.
Discussion or correspondence entered into should be confined to those persons
who are directly concerned.
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1.6
The amount or value of any quotation or tender which is to be considered by Head
of Service/Manager or Cabinet shall not be made public before any meeting at which
it is to be reported and shall be omitted from any written report on the subject
which may be circulated before any such meeting unless contained within a
confidential appendix.
1.7
Sharing or Delegation of Services: Where there is an opportunity to deliver
services via a shared working or delegation of service arrangement with another
public sector organisation, the requirement to seek quotations/tenders in accordance
with these CSOs may not apply and Legal Services advice shall be sought.
1.8
Where a procurement process is managed by another third party e.g. consultant, on
behalf of the Council, the consultant must be provided with copies of these CSOs
and required that they are adhered to.
1.9
Where procurement is led by another council e.g. as lead of a consortium, that
Council’s procurement process can be relied upon in place of these CSOs.
1.10
The CSOs should be read in conjunction with the Constitution, the Code of
Conduct (including obligations to declare any interests in a contract) other relevant
policies with regard to sustainability and equalities.
1.11
Contract Thresholds: The procurement of all contracts will be based on the
following thresholds as set for contracts with different values (all amounts are
exclusive of VAT):
Values Threshold
Low-value contracts –
under £50,000
Medium-value contracts –
over £50,000 but below
EU threshold
Above EU threshold
Thresholds effective on
1/1/12
Works Contracts £4,348,350
Supplies Contracts -
1.12
Tender Requirement
obtain three written quotations, use suitable
framework agreement or select list. A detailed
brief/specification should be issued as required
use suitable framework, select list or full tender
(consider using in that order) with at least four
tenders invited (or as provided by framework
rules)
Compliance with EU procurement directives
Aggregation: On no account should any requirement to procure goods or services
be split in an attempt to avoid using the proper procedure under these CSOs or EU
procurement rules (based on the figures provided above). Procuring based on the
total requirement (including total number of years required or including ancillary
items) is called aggregation and must be used in all procurements. Where there is
prospect of similar supplies, services or works being required elsewhere within the
council, the Head of Service/Manager must establish if similar procurement is
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happening or planned. If so, the spend must be aggregated to achieve value for money
for the Council.
1.13
The estimated value of a contract shall be the total sum estimated to be payable over
the full term of the contract (including any option to extend the contract beyond the
initial term) by the Council to the contractor. Where the contract period is
indefinite or uncertain, the estimated value shall be calculated on the basis that the
contract period will be for four years.
If the value of the procurement is uncertain and there is doubt which value threshold
(as set out above) the procurement may fall into, soft market testing (as explained in
2.10) should be considered. If there is concern that a procurement might exceed a
higher threshold, then the procedure for the higher threshold should be followed.
1.14
Exceptions to Standing Orders : The requirements of these CSOs may be
waived in exceptional circumstances where it can be demonstrated that:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
there is an urgent requirement to secure the provision of works, services or
supplies and it is not practical to seek competitive quotations or tenders; or
by applying the CSOs, it would not be possible to obtain genuine competition;
or
the works, services or supplies required are of a specialist nature, such that
competitive prices cannot be obtained; or
professional services, such as Legal Counsel, are required urgently; or
by extending the term (either by exercising an option within the contract or
otherwise), or varying and/or extending the scope an existing contract, it is in
the best interests of the Council; or
by appointing a contractor to carry out further work in connection with a
main project following provision by such contractor of feasibility work, it
would be advantageous to the successful delivery of the main project; or
by applying the CSOs, it would not be possible to satisfy the best interests of
the Council.
1.15
CSOs cannot be waived where the contract value is in excess of the relevant EU
threshold, unless it can be demonstrated to be essential for reasons of responding to
a civil emergency, business continuity incident or in recovery.
1.16
All decisions to waive CSOs must be confirmed in writing prior to entering into a
contract (except where identified as urgent such as in 1.14 a, 1.14d and 1.15)
accompanied by full reasons as to why the waiver was required, together with
evidence and supporting information to demonstrate that the issue of the waiver did
not prevent the purposes set out in paragraph 1.2 being satisfied.
1.17
Approvals of exceptions to standing orders will be in accordance with the table as set
out in 2.1.1 and 2.1.2 below.
1.18
Restrictions on contracts with certain persons: The council shall not knowingly
award contracts to companies, partnerships or other businesses in which any
Councillor or employee of the Council:
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•
•
is a director, or, in the case of partnerships is a partner: or
holds 20% or more of the shares or interest in the business
1.19
However, Cabinet may resolve to award a contract to such companies, partnerships
or other businesses where it decides that it is in the best interests of the Council to
do so, taking into account the type of work, goods or services provided and value of
the contract.
2
Stage 1 Pre-contract procedures
2.1
Project approval - Before starting a procurement process, appropriate budgeting
provision should be in place, together with the relevant delegated authority or
approval to incur expenditure according to whether the cost of the contract is being
met from a revenue or capital budget as set out below:
2.1.1. Capital Spend
In accordance with Part 3B (Delegation to Individual Cabinet Members),
procurement of all contracts for capital spend will be based on the following
thresholds.
Contract Value
Authorised Person
Less than £50,000 and appropriate Capital
Programme Provision in place
Budget Holder
More than £50,000
Cabinet
2.1.2
2.2
Revenue Spend
In accordance with Part 3C ( Scheme of Delegation to Officers) procurement
for all contracts for revenue spend will be based on the following thresholds
Contract value
Authorised person
Less than £50,000
Head of Service
More than £50,000
Cabinet
Prior to incurring or seeking approval to incur expenditure, the Head of Service
should establish the business case for the procurement including
•
•
•
•
•
•
•
Evidence of the need to continue provision
Evidence regarding current and future anticipated customer needs
Evidence regarding the market (refer to 2.10 for soft marketing)
Evidence of any requirements to change the service, how or where it is
delivered.
what procurement method is legally required and most likely to achieve the
purchasing objectives and select the most appropriate method;
identify any required and legally permitted duration of contract;
use a formal evidence based analysis to consider the options for delivery; and
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•
2.3
All procurement should be managed in accordance with the complexity of the
project and this will normally include:
•
•
•
•
•
2.4
evaluate those options and identify a preferred option.
identifying key stakeholders including Member involvement
the identification of all risks to enable them to be minimised.
The designation of a project manager and other key roles at the outset of the
project
The creation of a project plan establishing key stages, milestones, gateways
(stop/go decision points) and resources required (financial and officer time).
A mechanism for monitoring and reporting on the project
Award Criteria: The basis upon which a tender or quote will be awarded to a
supplier (known as the award criteria) must be defined and included in the invitation
to submit a quotation/tender documentation. The criteria must be designed to
secure an outcome giving best value for money for the Council. One of the following
approaches should be used:
(a)
(b)
(c)
“Most economically advantageous” offer (where the Council needs to ensure
that an appropriate and/or minimum level of expertise/quality is provided.
This will usually (but not exclusively) apply to Medium-value contracts, i.e.,
exceeding £50,000, and refer to a 60/40 split between cost and quality; or
“Lowest price” offer (where price is the key consideration). This will usually
(but not exclusively) apply to Low-value contracts (below £50,000), i.e. where
only three quotations are required and the contract is made via a Council
purchase order; or
“Highest price” if payment is to be received by the Council.
In accordance with the Public Services (Social Value) Act 2012, whilst not legally
required (except for OJEU procurement), it is good practice to consider how the
procurement might improve the economic, social and environmental well-being of
the District and how the process of procurement, might help secure that
improvement
2.5
For contracts which are to be evaluated using the “most economically advantageous”
approach, the evaluation criteria must be established and provided to tenderers in
advance. These criteria should
(a)
(b)
(c)
(d)
(e)
be pre-determined to meet the objectives of the services, goods or works
required in the order of importance; and
be ranked/weighted by relative importance; and
be capable of objective assessment and not be biased towards a particular
supplier; and
be strictly observed at all times during the tender process; and
be listed in the invitation to tender documentation; and
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2.6
If the “most economically advantageous” approach is adopted (for Medium-value
contracts but, in appropriate cases, also for Low-value contracts), it must be further
defined where relevant to the subject matter, such as:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
quality and price (including whole life cost);
technical merit including business continuity (for relevant contracts)
aesthetic and functional characteristics
environmental, social and economic characteristics
running costs and cost effectiveness
after sales service and technical assistance
delivery date/delivery period/period of completion
2.7
Where this evaluation methodology is used, any resulting contract must be awarded
to the tenderer who submits the most economically advantageous tender, i.e. the
tender that achieves the highest score in the objective assessment.
2.8
Pricing Schedule / Bill of Quantities - To help with the evaluation of tenders, to
ensure that tenders are submitted in a like-for-like format, tenderers should normally
be provided with a Pricing Schedule or a Bill of Quantities.
2.9
When preparing Conditions of Contract documentation, particularly those including
Bills of Quantities, a sheet or summary page shall be provided, headed by the title of
the project and on which the contractor may enter the company name and address,
the total tender or contract sum and may sign. Additionally each sheet of any Bills of
Quantities shall be numbered, headed by the title of the project and space provided
for the contractor to enter the company name. This procedure should avoid
confusion if sheets become detached.
2.10
Soft Market Testing may be appropriate in instances where the council is unsure
of the supply market and/or market interest in a project. Soft Market Testing can
also be used to see whether plans are realistic and affordable. Soft Market Testing
can help define the options, and enable any resulting tender evaluation process to be
robust and well informed.
2.11
In the event of a procurement process following a Soft Market Testing exercise, the
contractors involved in the Soft Market Testing will be notified of the opportunity
and invited to submit an expression of interest in accordance with CSOs.
2.12
Alterations to the project content may occur as a result of unforeseen
circumstances or as a result of receiving information not known at the time of
approval but which the Head of Service/Manager considers necessary to ensure a
successful outcome to the contract. Alterations are possible providing that:
a)
b)
c)
any alterations that fundamentally alter the scope of the project shall be
reported to the Head of Finance before submission.
the budget approval will not be exceeded
it is otherwise in line with Financial Regulations and CSO’s
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3
Stage 2 – Procedures for Obtaining Tenders
3.1
Framework Agreements and Select Lists
3.1.1
3.1.2
3.1.3
3.2
Framework Agreements: are an agreement with one or more contractors that
sets out the terms and conditions under which specific purchases can be made (or
‘called off’) throughout the term of the agreement. Framework Agreements may be
established by the Council, or by other public bodies or public sector buying
consortia.
3.2.1
3.2.2
3.3
Frameworks or select lists are normally used for medium and high value
contracts where it would be useful to have a pool of pre-selected contractors
to draw from, as the contractor quality assessment procedure has already
taken place, it can also reduce the administrative costs and time take for the
procurement.
The use of a Framework Agreement or Select List should be considered
following on from the initial Pre-contract procedures and used where possible
in preference to carrying out a full tender process. A Framework Agreement
may also be used for low-value contracts if considered that it will produce
best value.
For any procurement, the Head of Finance/Chief Executive/Corporate
Director may prescribe the use of a Framework Agreement or Select List
where considered appropriate.
For contracts of a value above £50,000, where a suitable Framework
Agreement is available, this should be used, where appropriate, in preference
to a Select List or tendering. Where there is no suitable Framework
Agreement, a Select List, if available, may (providing the contract value is not
above EU thresholds) be used and at least four tenders invited.
Use of a Framework Agreement or creation of a new Framework Agreement
by the Council will be subject to the approval of the Head of Finance.
The terms of the particular call off agreement shall not be substantially
amended from the terms laid down in the Framework Agreement. Where a
call off is made from another public body’s framework, the rules and terms
and condition of the framework shall prevail over the council’s CSO’s.
Select Lists: are lists of contractors for the supply of services, goods or works, who
have been assessed as meeting specific criteria. The criteria are designed to ensure
the competence and suitability of each Contractor. In each case, where tenders are
invited from Contractors who are included on a Select List, it is not then necessary
for their competence and suitability to be investigated afresh, thus making for more
efficient use of time and resources in purchasing.
3.3.1
A service may establish a Select List for supplies, goods or works in their area
of responsibility. For services, goods or works that are used by more than
one service Select Lists should be open for use across the Council.
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3.3.2
3.3.3
3.3.4
A Select List shall be established following an advertised selection process,
which shall follow the procedure for the restricted procedure set out at
paragraph 4.5.2(b and c).
A Select List shall contain the names and addresses of all providers who meet
the Select List criteria, and shall indicate the nature and value of contracts for
which the Contractors may be used. The value of the contract entered into
may not exceed the relevant EU threshold.
When a Head of Service/Manager wishes to use a Select List, for values under
£50,000, a minimum of three quotations are required of which
•
•
a maximum of 1 may be a contractor who have demonstrated good
performance on previous contracts awarded using the relevant select
list.
The two other contractors must be taken from the select list on
rotation.
For Medium value contracts (over £50,000) a minimum of four
quotations are required, of which
•
•
3.3.5
3.3.6
a maximum of 2 may be contractors who have demonstrated good
performance on previous contracts awarded using the relevant select
list.
The two others contractors must be taken from the select list on
rotation
If there are no contractors to source by performance, then additional
contractors will be sourced by rotation, to ensure the correct number of
quotations are requested.
A Select List will be reviewed and re-established every two years. At any
time, a contractor may be removed from a Select List should their
circumstances change, to the extent that they are no longer able to meet the
criteria for inclusion in the Select List.
3.4
For contracts below £50,000: Where a framework agreement/select list is
not being used. For contracts of valued under £50,000 obtain three quotations. It
is expected that all quotations will be in writing from the contractor, however,
where verbal quotations are received for lower value procurements, a written
record should be made of the description of works, name of supplier, quotation date
and value.
3.5
For contracts above £50,000: Where a framework agreement/select list is
not being used: Where no Framework Agreement or Select List is available, at
least four tenders shall be invited, using either the ‘open’ or ‘restricted’ procedure.
An advert should always be placed on the Hampshire Portal and South East Business
Portal www.businessportal.southeastiep.gov.uk and tenders shall be invited from
short-listed contractors using an Invitation to Tender (ITT).
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3.6
Open procedure: is where anyone can submit a tender. This would normally be
used where there are a relatively small number of potential contractors who can
provide the subject matter of the contract. The open procedure requires public
notice/advertising and an invitation to tender to be sent to all parties who have
expressed an interest. The open procedure does not allow for any prior ‘screening’
of contractors to determine their suitability or to control the number of tenders
submitted for evaluation.
3.7
Restricted procedure: is where a number of tenderers are selected from those
who express an interest in response to a notice/advert. It is similar to the open
procedure, except that:
(a) The public notice/advert states a restricted tendering procedure will be used;
(b) The public notice/advert specifies the information to be provided by interested
parties for the short listing process, either by specifying the information
required in the public notice/advert or by their completion and return of a
pre-qualification questionnaire (PQQ). This should include up to date
evidence of technical competence and financial standing.
(c) Independent third party supplier assessments and monitoring services (such as
Constructionline, Exor etc.) may be used to assist in the pre-qualification
process. Applicants should be informed of the outcome of the PQQ.
(d) At the end of the period specified in the public notice/advert an invitation to
tender (ITT) shall be issued to no less than four tenderers selected by means
of predetermined, objective selection criteria. The invitation to tender should
specify a period of not less than 4 weeks for the return of tenders and can be
extended to reflect the complexity of the tender document.
3.8
Negotiated and Competitive Dialogue procedure: Procedures permitting pre
and post tender negotiation are available but due to their complexity should normally
only be used for contracts over £50,000 or EU threshold contracts, and must only
be used with the prior agreement of the Head of Finance or Chief Executive and
subject to Legal advice.
3.9
Tendering under EU directives : Where the estimated value of the contract is in
excess of the relevant EU threshold, the procedures set out in the EU Public
Procurement Directives as well as CSO’s must be followed. In most cases, the open
or restricted procedure will be used, but in certain specialist cases the negotiated or
competitive dialogue procedure may be used.
3.10
Advice on which procedure is appropriate to the specific procurement must be
sought from the Head of Finance, as well as the tender evaluation procedure for
awarding the contract and establishing the financial standing of the contractor.
3.11
Advertising requirements: The requirement for advertising opportunities is
summarised in the table below:
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Total
Contract
Value
Below EU
threshold
Above EU
Threshold
3.12
Hampshire
Publication /
Portal/ South Trade Journal
East Business
Portal (SEBP)
Mandatory
Optional
OJEU*
Mandatory
Mandatory
Optional
Optional
Public advertisements should include
•
•
•
•
Details of the work the council wishes undertaken
The person and address to whom applications should be sent including
contact telephone number, email address to whom applicants can raise
queries
Last date and time for receipt of applications (PQQ’s or tenders)
The information to be provided by the applicants
For all matters relating to procurement where anticipated spend exceeds OJEU
thresholds, seek further guidance from Legal.
3.13
Contractor quality: For all contracts, a contractor must be selected who:
(a)
(b)
(c)
(d)
3.14
can confirm a business contact address and telephone number;
has an acceptable level of relevant insurance e.g. Public Liability ;
can demonstrate a level of expertise and experience appropriate to the
services, goods or works required; and
is registered for tax and holds a valid certificate (where appropriate).
Additionally, for contracts with an estimated value in excess of £50,000 a
contractor must be selected who also:
a)
b)
can evidence sufficient financial stability; and
where requested, is able to provide two independent referees from whom a
reference may be sought for contracts completed within the last three years
3.15
Transfer of Undertakings (Protection of Employment) Regulations (
TUPE): Where the letting of a contract will affect any employee, either of the
Council or of a contractor, as a result of an existing in-house service being
contracted-out or an existing outsourced serviced being re-let, the Head of Service
shall inform Human Resources in order that, where applicable, the requirements of
the Transfer of Undertaking (Protection of Employment) Regulations 2006 (and any
amendments thereof) can be considered and managed correctly.
3.16
Bonds
A bond may be required in the following circumstances:
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•
•
The value of the contract is over £500,000 or,
The service is critical to the operation of the Council
Guidance on the requirement to levy a bond, and the value of that bond, should be
sought from the Head of Finance on a case by case basis. If a bond is to be levied,
Legal advice should be sought on the provisions of that bond, for its release.
3.17
Parent Company Guarantee may be sought for any contractor if it is not
possible to carry out a financial appraisal for the company tendering for the contract
because accounts are only available from the parent company. The purpose of a
parent company guarantee is to secure continuity of the contract and/or indemnify
the Council against any losses.
3.18
Where the performance of the contract will rely upon the performance of subcontractors or suppliers who will not be in a direct contractual relationship with the
Council, Heads of Service should consider whether those sub-contractors or
suppliers should be required to offer a warranty as to their performance directly
with the Council.
Stage 3 Evaluation and acceptance of tenders and confirmation of contracts
4.1
Receipt and opening of Tenders
4.1.1
Paper Tenders: Every invitation to tender that is to be returned by post
should state
•
•
•
that no tender will be considered unless it is enclosed in a plain, sealed
packet addressed to the Hart District Council and endorsed with the
words “Tender for…..” followed by the subject to which it relates and
the latest time and day for the receipt of the tender
the packet should bear no mark that identifies the tenderer; and
faxed or e-mailed tenders will not be considered.
Requests for extensions of the tender return date/time will not be
considered, unless exceptional circumstances prevail. Seek advice
from the Head of Finance.
4.1.2
Committee Services will arrange for tender packets to be date & time
stamped upon receipt and will keep the tender packets locked away until the
time specified for their opening. Two appropriate officers (and a member of
Committee Services staff) must open all tenders at the same time in the
presence of a Member of the Scrutiny Committee. The opened tenders must
be recorded against a list of tenders invited in the central tender receipt book
and the prices recorded. The receipt book must be signed by the Officer that
collects the tenders.
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4.1.3
Tenders received after the latest time and date may, in exceptional
circumstances, and at the discretion of the Head of Finance, be considered
provided that the other tenders have not been opened
4.2
Electronic Tenders (E-Tendering): If an approved e-tendering system is used to
conduct the tender process, the tenderer will be invited to send their electronic
tender documents to an identified email address which will be used as a ‘locked box’,
with the email account only being opened in the presence of two appropriate officers
and a Member of the Scrutiny Committee. The opened tenders must be recorded. A
note should be made that the submissions were via an electronic system and a note
of the e-tendering system, tender reference number and prices recorded.
4.3
Evaluation of Quotations and Tenders
4.3.1
All quotations and tenders shall be checked for arithmetical errors,
errors/omissions or discrepancies and any failures to comply with the
instructions for submissions of quotations or tenders.
(a)
Where an error or omission is identified, the Head of Service
concerned shall provide the tenderer with written details of the
errors/omissions and afford them the opportunity to confirm their
offer or amend it to correct genuine errors/omissions. All
amendments or confirmation of tender must be confirmed in writing
by the tenderer.
In these circumstances, the tender can continue to be considered unless the error
casts doubt on his ability to perform the contract, for that price.
4.4
Tenders will be disregarded (and the decision recorded) if
•
•
They do not fulfil a mandatory or pass/fail requirement.
The tender contains qualifications that conflict with the tender invitation
instructions.
4.5
Tenders must be evaluated in line with the award criteria as set out in 2.7.
4.6
Tender clarifications: Irrespective whether a tender contains any
errors/omissions, the Head of Service concerned may also conduct post-tender
clarifications with tenderers in writing upon the non-financial details of a formal
tender following its opening.
4.7
Re-tendering - Where a better method for the provision of the tendered
requirement becomes known, perhaps because a contractor submits additional
information or proposals with his tender, the Head of Service concerned, bearing in
mind any delay and associated cost, should consider the option of rejecting all of the
tenders received and inviting further tenders based on the revised method.
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4.8
In the event that all of the quotations or tenders received are not acceptable (on
financial or other grounds), the Head of Service concerned shall review the scope
and content of the project and if necessary either;
(a)
(b)
(c)
4.9
invite new quotations or tenders based on revised project content, either by
the entire original list of contractors or, if deemed appropriate, re-advertising
the project.
invite all of the original list of contractors to submit revised quotations or
tenders based on amended contract details; or
subject to advice from Legal, invite not less than two of the original
contractors to submit revised quotations or tenders based on amended
contract details – contractors who submitted an uncompetitive or noncompliant bid in response to the original invitation may be excluded in
appropriate cases.
Acceptance of Quotations and Tenders
4.9.1. The results of the tender/quotation award process must be recorded. A
contract may only be awarded by a Head of Service or other nominated
officer(s), as authorised to do so under the scheme of delegation in the
constitution.
4.9.2
Contracts procured under the EU procurement directives have a special
award procedure which must be adhered to. Guidance on this can be
obtained from Legal Services.
4.9.3
Once a contract has been awarded Finance Services must be notified by email of the following so that the Corporate Contract Register can be updated:
(a)
(b)
(c)
(d)
(e)
(f)
4.9.4
If an existing framework agreement is utilised Finance Services must be
notified of the following so that a record can be held:
(a)
(b)
(c)
(d)
(e)
4.9.5
Contract Title
Supplier Name
Contract term including details of any provisions for extension
Contract Start Date
Total contract value
Name of Contract Manager within the contracting company and the
client manager within the Council
Framework title and Reference Number (if applicable)
Lead buying organisation’s name
Supplier Name
Details of services / supplies purchased
Value of services / supplies purchased
Following completion of the tender award process, all tenderers must be
notified in writing of the results. This should include:
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(a)
(b)
Where based on price alone, unsuccessful tenderers should be
informed of the winning price; or
Where based on the “most economically advantageous” offer,
tenderers should be given sufficient information to explain how the
Council applied its selection and award criteria to select the list of
candidates to be invited to tender and how the final award decision
was made.
Further guidance should be sought from Legal where the OJEU process is
being used.
4.10
Contents of orders and contracts:
4.10.1 Purchase Orders: Purchase Orders should be raised for all types of
procurement above £150 unless a formal contract is used. For the purchase of
services, goods or works estimated at a value of less than £50,000, a Purchase
Order should be sufficient without the need for Conditions of Contract.
Exceptions to this requirement may include regular payments to utilities,
credit card payments or purchases carried out over the internet. Officers
should seek guidance from the Head of Finance on the use of these
exceptions.
4.10.2 Contracts: For contracts with an estimated value over £50,000 and/or for
any contract of an unusual or complex nature Legal Services should be
consulted to produce suitable conditions of contract, and the full tender
document submitted by the contractor shall be provided to Legal.
4.11
All purchase orders and contracts should state clearly and carefully
•
•
•
•
•
•
25
the purpose of the contract, specifying the services, goods or works to be
supplied;
the agreed programme for delivery, including certain duration of the contract,
and that the contractor may not assign the contract to a third party;
the price and terms for payment together with all other terms and conditions
that are agreed such as deductions, discounts, penalties plus the method and
consequences of determination of the contract;
The requirement for employers, public liability, product liability or any other form
of insurance, and the level of insurance required.
every contract must be made in writing 25, under English Law and, unless under
seal, must be signed by a person authorised to do so under the scheme of
delegation; and
every contract should also include certain clauses to protect the Council’s legal
position, e.g., prevention from fraud, compliance with statutory obligations, and
to ensure that contractors are fully aware of the Council’s responsibilities when
acting on its behalf. Failure to comply with these or commission of an offence
This includes via email and e-procurement systems
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under the Local Government Act 1972 or Bribery Act 2010 will lead to the
contract being terminated immediately and the contractor will be liable for
consequential damages.
4.12
Where, prior to completion of the contract acceptance documentation, it is
considered advantageous to advise a contractor of the Council's intention to enter
into a contract, perhaps to reserve resources or to allow a sufficient lead-in period
before commencement of works, the Head of Service/Business Unit Manager
concerned or Legal (if so instructed by the relevant Head of Service/Business Unit
Manager) may send a letter of intent or similar.
4.13
A tender that cannot be contained within approved budgets (capital or revenue) shall
not be accepted until the Head of Finance/Chief Executive/Corporate Director and
/or Cabinet has considered a report from the relevant Head of Service and the
required additional funds have been properly authorised.
4.14
Managing contracts
4.15
For each medium-value contract, i.e. over £50,000, the Head of Service must
designate an appropriate lead officer as primary contact and Contract Manager.
4.16
For particularly large and/or strategically important contracts, the Head of Service
should consider the appointment of a dedicated project manager, who should be
supported by other professional disciplines, prior to the award of the contract.
4.17
Liquidated Damages – where appropriate the contractor shall be required to pay
liquidated damages to the Council if the contract is not completed within the
specified period. The amount to be included for liquidated damages in a contract
must represent the anticipated loss or expense likely to be incurred by the council as
result of any delay in completion of the contract, rather than a penalty payment.
Examples of expenses likely to be incurred by the Council include; cost of capital
used; loss of income; additional staff or consultant fees.
4.18
Surplus Goods - Online auction and informal routes for disposal are appropriate
where the anticipated value of the goods does not exceed £2,500.
4.19
Disclosure As part of the Council's commitment to be open and transparent with
its residents, a list of all payments over £500 made to suppliers and contractors will
be published monthly on the Council website. In addition, disclosure of expenditure
details may be required under the Freedom of Information Act.
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Appendix A Land disposals
Introduction
1.
Council decisions to dispose of land are subject to statutory provisions; in particular,
under section 123 of the Local Government Act 1972, to obtain the best
consideration that can be reasonably obtained for the disposal of land. This duty is
subject to certain exceptions that are set out in a government document, referred to
as “the General Disposal Consent (England 2003)”
2.
If the Council wishes to dispose of land for less than best consideration, and it is
not covered by the General Disposal Consent, the Council can resolve to do so,
but will require the formal consent of the Secretary of State. The General
Disposal consent allows the Council to dispose of sites at an under value of up
to £2m in the interests of social, economic and environmental well-being of the
community.
Definition
3.
Land means any freehold disposal, by sale or exchange, of Council owned land or
buildings and any disposal by the granting of a lease.
4.
This excludes:
(a) the granting of licences, easements, rights of way, wayleaves,
(b) tenancies-at-will, periodic hiring arrangements,
(c) the renewal of leases under the Landlord and Tenant Act 1954,
5.
A decision to dispose of land or property and the terms for that disposal will be
determined depending upon the Delegation Scheme set out in the Constitution.
How will the disposal be valued?
6.
This will be arranged by the Head of Technical Services in consultation with Capita
Symonds (who are retained for this purpose), and/or a specialist Valuer in
accordance with the Royal Institute of Chartered Surveyors guidelines.
7.
Where there is likely to be a delay in completing a sale/lease, such that the Council
may be in danger of not obtaining the best consideration, the Head of Technical
Services will ensure that prior to finalisation, a current valuation is undertaken.
What methods of disposal will be utilised?
8.
Disposals shall normally be by formal tender, informal tender, public auction or
private treaty.
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Disposals by Formal Tender
9.
With a formal tender, potential purchasers have to make binding offers in a specified
form, by a specified date and within a specified deposit.
10.
Sale of land by formal tender is likely to be appropriate in the case of freehold land
disposals and where the land ownership and corporate sale objectives are
not complex.
11.
The Council will place a public advertisement seeking expressions of interest and
publicise the selection criteria by which it will assess tenders. The tender process
will be carried out in accordance with the Council’s CSO’s.
Disposal by Informal Tender – with post tender negotiations
12.
With such an informal tender, non-binding offers are secured by a specified date and
a preferred bidder is selected with whom to negotiate actual terms which may
include the nature of development proposals. This method also allows for the use of
conditional contracts, including clauses linked to planning permission.
13.
This method is likely to be particularly useful for freehold land disposals for large or
complex development or regeneration sites where the proposals need to be
developed in co-operation with the preferred bidder to meet the Council’s
corporate objectives and to achieve the best consideration that can be reasonably
obtained.
14.
The Council will ensure a competitive process is followed and participants will be
informed in advance of the procedures and criteria for assessing proposals. Tender
bids will be invited in accordance with the Council’s CSO’s adapted and recorded as
necessary.
Disposal by Informal Tender – without post tender negotiations
15.
With such an informal tender, non-binding offers are secured by a specified date and
a preferred bidder is selected. This can be on a conditional basis, including obtaining
planning consent as well as being subject to contract. This method is likely to be
particularly useful for freehold land disposals which are less complex transactions.
16.
The Council will ensure a competitive process is followed to seek expressions of
interest and participants will be informed in advance of the procedures and criteria
for assessing proposals. Tender bids will be invited in accordance with the CSO’s
adapted and recorded as necessary.
Disposal by Public Auction
17.
Sale by public auction may be appropriate in certain cases to achieve best
consideration and where speed and certainty is required.
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April 2013
18.
In the event of a disposal by auction, a reserve price, based on the Head of Technical
Services valuation, will be imposed, which must first be approved within the Scheme
of Delegation.
19.
The contract for sale or auction has to be ready for exchange at the auction where a
binding contract will be made on acceptance of the highest bid providing it has
reached any reserve price.
Disposal by Private Treaty – through Open Marketing
20.
With such a private treaty sale the property is first marketed, including advertising to
generate interest, normally with an asking or guide price, with the aim of achieving a
bid (without there being a need to have a specified time limit for obtaining bids)
representing the best consideration that can be reasonably obtained. The Council
may as part of this process and after the commencement of marketing, request best
and final offers be made by a specified date. This method is applicable to freehold
disposals of lower value, or non development property.
21.
Negotiations will take place between the Council and the prospective purchasers (or
their respective agents). A letting/sale by this method will only take place once the
terms have been approved within the Council’s Scheme of Delegation.
Disposal by Private Treaty – off Market
22.
With such a private treaty sale the land is not offered on the open market as a first
stage, but negotiations will take place between the Council and one party.
This may be justified where:
(a)
(b)
(c)
(d)
(e)
(f)
23.
the land is small in size/value
the purchaser is an adjoining or closely located landowner, and the only
potential or likely purchaser
the nature of the Council’s land ownership is such that the land must be sold
to adjoining or surrounding land owners if best consideration is to be
obtained
where there is a special purchaser for whom the land has a higher value than
anyone else e.g. ransom strips, or where there is marriage value
where Council objectives would be best met by undertaking private treaty
negotiations with a single party who would bring social environmental or
economic benefit
where the proposed transaction involves a party who already had a property
interest in the land in question
The reasons justifying an off market private treaty sale must be recorded in writing
and must be approved by the authorising party under the Scheme of Delegation.
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April 2013
Negotiations with Prospective Developers/Purchasers/Tenants
24.
Generally these will take place either at the Council’s offices, on site, at an agents
office, or at the purchasers/tenants office, within normal office hours. Where
possible, in relation to higher value disposals, two officers should be present.
However, it is accepted that this will not always be possible / a sensible use of
resource. File notes are kept of all negotiations with prospective developers /
purchasers or tenants. The progress of negotiations will, where appropriate, be
reported to relevant Members, however, Councillors will not be directly involved in
negotiating the disposal of land. 217 of 281
25.
Prior to completion of legal documentation all proposed transaction details and
negotiation details will remain confidential.
Dealing with late bids
26.
The Council discourages the submission of late bids in all cases when it is disposing of
land. It will attempt to minimise problems by aiming for early exchange of contracts.
27.
Each “late bid” must be considered in the context of the individual circumstances at
the time. The Council’s approach to “late bids” will vary depending upon the
method of land disposal used. In each case the overriding duty will be to obtain the
best consideration that can reasonably be obtained (subject to any exceptions in the
General Disposal Consent).
28.
The Council’s approach to late bids is as follows:
(a)
(b)
(c)
Where land is disposed of by way of formal tender, bids received after the
deadline for tenders, will not be considered.
Late bids cannot be considered where land is being disposed of by public
auction after a successful bid has been accepted.
Except as provided in 28 (a) & (b) above, until the Council has entered a
legally binding contract or agreement with another party, it will consider late
bids unless there are good commercial reasons for not doing so. This must
be explained to any purchaser when disposal by private treaty or informal
tender is agreed.
29.
The Council may, in appropriate circumstances, ask both the late bidder, the person
to whom the land was previously to have been sold, and any other relevant
interested parties (eg previous bidders) to submit their last and final bids in a sealed
envelope by a set deadline.
30.
A decision on whether to accept a late bid for a private treaty sale or informal
tender will be made based on the value of the land and within the Scheme of
Delegation as appropriate
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April 2013
Public Open Space
31.
Land which is designated as public open space will not be sold/leased by the Council
until the applicant has first obtained the necessary planning consent, the proposal has
been advertised and local Ward Members have been consulted, and
observations/objections received have been considered.
The Crichel Down Rules
32.
When disposing of land which has been acquired by the Council by use of
Compulsory Purchase powers, the Cabinet will consider the Crichel Down Rules
which state that former owners or their successors should be given first opportunity
to repurchase the land, provided that it has not been materially changed in character
since acquisition.
Works in Lieu of Payment
33.
In some cases it may be appropriate for the purchaser to be required to provide
replacement facilities or other works such as highways or landscaping as part
consideration for the land/property.
34.
Any proposed works in lieu of payment should be thoroughly examined at the option
appraisal stage to ensure value for money and the Head of Finance (s151) should be
consulted to determine the accounting treatment. The works required should be
clearly specified in any marketing package in order that there is competition between
bidders in relation to procurement of the works.
Disposals for Less than Best Consideration
35.
In certain circumstances, the Council may dispose of land for less than the full market
value. Those circumstances are clearly defined by law and in any other cases specific
consent is needed from the Secretary of State. General Disposal Consents have
been given by the Secretary of State for certain transactions.
36.
The General Disposal Consent makes provision for the Council to dispose of land at
less than full market value, known as “under-value”. Specified circumstances must
apply as follows:
(a)
(b)
37.
The Council considers that the purpose for which the land is to be disposed
of is likely to contribute to the promotion or improvement of the economic,
social or environmental wellbeing of the whole or part of its area, or any
person resident or present in its area.
The difference between the unrestricted or market value of the land to be
disposed of and the consideration for the disposal does not exceed £2million.
The Council must still comply with its duty to obtain best consideration for the
restricted value and must also comply with normal and prudent commercial practices
including obtaining professional valuer advice on the likely amount of any under-value.
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April 2013
38.
All disposals covered by the definition of less than best consideration must be
referred to Cabinet for approval.
39.
The General Consent does not override restrictions on state aid arising under
European Legislation.
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April 2013
Appendix B Definitions
Term
Approved/Select list
Best Value
Bond
Commission of the
European Union
Consortium
Contract
Contract Sum
Contract Value
Corporate Director
EU Threshold
Head of Service/
Manager
Land Acquisition
Land Disposal
Most Economically
Advantageous Offer
Negotiated
procedure
Order
Definition
A list of Contractors, who have been approved by the Full
Council, or any properly authorised Committee of the Council, or
an officer acting under delegated powers, to supply generic types
of goods or services within a specified Contract Limit applicable
to these goods and services form which limited lists of tenders
can be drawn.
Getting the best combination of value, quality and cost.
Any security for the due performance of a Contract
Shall include any previous supranational organ whose powers have
been subsumed into that of the Commission of the European
Union.
A venture in which a number of parties including the Council join
together to jointly purchase or supply goods and services.
Any voluntary but legally binding agreement entered into by the
Council and any other party. This shall therefore but not be
limited to Contracts recognised by common law
The amount of expenditure or income specified in the Contract
or Order
The estimated total value of an individual Contract or series of
connected Contracts (either income generative or incurring
expenditure or both).
The Corporate Director responsible for the Contract, this
responsibility may be devolved in accordance with the Scheme of
Delegation.
The European Union threshold values for
advertisement under the EU Procurement Rules. The current
values of these are shown in the CSO’s . It shall be the
responsibility of the s151 officer to update these as required.
The Head or Service of Manager with responsibility for
the Contract, or an officer with authority, under the Scheme of
Delegation to act on behalf of that Head of Service in relation
to the Contract.
Any acquisition of a legal or equitable interest in land or fixtures
attached to land
Any disposal of a legal interest in land or fixtures by way of
freehold, or lease for a term in excess of seven years
A tender which provides Best Value for the Council having regard
to both cost and any other evaluation criteria determined by to
be relevant to the Contract
A procedure whereby the Council negotiates with one or more
potential providers of goods or services.
A written, priced and signed document authorised and signed in
accordance with these Rules whereby the Council enters into a
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Contract with an outside party for the provision of specified
goods or services.
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April 2013
Open Tender
Preferred Bidder
Select list
Tender
A procedure whereby all potential, qualifying contractors
responding to advertisement are invited to tender for the contract
A contractor who having submitted a tender for a contract has
been selected by the Council for final negotiation of a contract
A limited list of tenders for a contract selected following
advertisement, expression of interest, application and evaluation
A sealed bid submitted by a Contractor by a specified date and
time in accordance with the contract terms
245
April 2013
HART DISTRICT COUNCIL
CONSTITUTION
Part 4-9
OFFICER EMPLOYMENT PROCEDURE RULES
246
March 2014
OFFICER EMPLOYMENT PROCEDURE RULES
1.
Recruitment and appointment
1.1
In this Standing Order "the 1989 Act" means the Local Government and Housing Act 1989;
"the 2000 Act" means the Local Government Act 2000;
"disciplinary action" has the same meaning as in the Local Authorities (Standing
Orders) (England) Regulations 2001;
"executive" and "executive leader" have the same meaning as in Part II of the 2000
Act;
"member of staff" means a person appointed to or holding a paid office or
employment under the authority; and
"proper officer" means an officer appointed by the authority for the purposes of the
provisions in this Part.
1.2
Subject to paragraphs 3 and 7, the function of appointment and dismissal of, and
taking disciplinary action against, a member of staff of the authority must be
discharged, on behalf of the authority, by the officer designated under section 4(1)
of the 1989 Act (designation and reports of head of paid service) as the head of the
authority's paid service or by an officer nominated by him.
1.3
Paragraph 2 shall not apply to the appointment or dismissal of, or disciplinary action
against -
1.4
1.3.1
the officer designated as the head of the authority's paid service;
1.3.2
a statutory chief officer within the meaning of section 2(6) of the 1989 Act
(politically restricted posts);
1.3.3
a non-statutory chief officer within the meaning of section 2(7) of the 1989
Act;
1.3.4
a deputy chief officer within the meaning of section 2(8) of the 1989 Act;
or
1.3.5
a person appointed in pursuance of section 9 of the 1989 Act (assistants
for political groups).
Where a committee, sub-committee or officer is discharging, on behalf of the
authority, the function of the appointment or dismissal of an officer designated as
the head of the authority's paid service, the authority must approve that
247
appointment before an offer of appointment is made to him or, as the case may be,
must approve that dismissal before notice of dismissal is given to him.
1.5
Where a committee or a sub-committee of the authority is discharging, on behalf of
the authority, the function of the appointment or dismissal of any officer referred to
in sub-paragraphs 1.3.1 to 1.3.5, at least one member of the executive must be a
member of that committee or sub-committee.
1.6
In this paragraph, "appointor" means, in relation to the appointment of a person as
an officer of the authority, the authority or, where a committee, sub-committee or
officer is discharging the function of appointment on behalf of the authority, that
committee, sub-committee or officer, as the case may be.
1.7
An offer of an appointment as an officer referred to in sub-paragraphs 1.3.1 to 1.3.5
must not be made by the appointor until 1.7.1 the appointor has notified the proper officer of the name of the person to
whom the appointor wishes to make the offer and any other particulars which the
appointor considers are relevant to the appointment;
1.7.2
1.7.3
1.8
the proper officer has notified every member of the executive of the
authority of 1.7.2.1
the name of the person to whom the appointor wishes to make
the offer;
1.7.2.2
any other particulars relevant to the appointment which the
appointor has notified to the proper officer; and
1.7.2.3
the period within which any objection to the making of the offer is
to be made by the executive leader on behalf of the executive to
the proper officer; and
either 1.7.3.1
the executive leader has, within the period specified in the notice
under sub-paragraph 1.7.2.3, notified the appointor that neither he
nor any other member of the executive has any objection to the
making of the offer;
1.7.3.2
the proper officer has notified the appointor that no objection was
received by him within that period from the executive leader; or
1.7.3.3
the appointor is satisfied that any objection received from the
executive leader within that period is not material or is not wellfounded.
In this paragraph, "dismissor" means, in relation to the dismissal of an officer of the
authority, the authority or, where a committee, sub-committee or another officer is
248
discharging the function of dismissal on behalf of the authority, that committee, subcommittee or other officer, as the case may be.
1.9
Notice of the dismissal of an officer referred to in sub-paragraph (a), (b), (c) or (d)
of paragraph 3 must not be given by the dismissor until 1.9.1
the dismissor has notified the proper officer of the name of the person who
the dismissor wishes to dismiss and any other particulars which the
dismissor considers are relevant to the dismissal;
1.9.2
the proper officer has notified every member of the executive of the
authority of -
1.9.3
1.10
1.9.2.1
the name of the person who the dismissor wishes to dismiss;
1.9.2.2
any other particulars relevant to the dismissal which the dismissor
has notified to the proper officer; and
1.9.2.3
the period within which any objection to the dismissal is to be
made by the executive leader on behalf of the executive to the
proper officer; and
either 1.9.3.1
the executive leader has, within the period specified in the notice
under sub-paragraph (b)(iii), notified the dismissor that neither he
nor any other member of the executive has any objection to the
dismissal;
1.9.3.2
the proper officer has notified the dismissor that no objection was
received by him within that period from the executive leader; or
1.9.3.3
the dismissor is satisfied that any objection received from the
executive leader within that period is not material or is not wellfounded.
Nothing in paragraph 2 shall prevent a person from serving as a member of any
committee or sub-committee established by the authority to consider an appeal by 1.10.1
another person against any decision relating to the appointment of that
other person as a member of staff of the authority; or
1.10.2
a member of staff of the authority against any decision relating to the
dismissal of, or taking disciplinary action against, that member of staff.
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2.
Declarations and canvassing
2.1
Declarations
2.1.1
The Council will draw up a statement requiring any candidate for
appointment as an officer to state in writing whether they are the parent,
grandparent, partner, child, stepchild, adopted child, grandchild, brother,
sister, uncle, aunt, nephew or niece of an existing councillor or officer of
the Council; or of the partner of such persons.
2.1.2
No candidate so related to a councillor or an officer will be appointed
without the authority of the relevant chief officer or an officer nominated
by him/her.
2.1.3
Seeking support for appointment
2.1.3.1 Subject to rule14, the Council will disqualify any applicant who
directly or indirectly seeks the support of any councillor for any
appointment with the Council. The content of this paragraph will
be included in any recruitment information.
2.13.2
3.
Subject to rule15, no councillor will seek support for any person
for any appointment with the Council.
Recruitment of head of paid service and chief officers
Where the Council proposes to appoint a chief officer and it is not proposed that
the appointment be made exclusively from among their existing officers, the Council
will:
3.1
draw up a statement specifying:
3.1.1
the duties of the officer concerned; and
3.1.2
any qualifications or qualities to be sought in the person to be appointed;
3.2
make arrangements for the post to be advertised in such a way as is likely to bring it
to the attention of persons who are qualified to apply for it; and
3.3
make arrangements for a copy of the statement to be sent to any person on
request.
4.
Appointment of head of paid service
The full Council will approve the appointment of the head of paid service following
the recommendation of such an appointment by a committee or sub-committee of
the Council. That committee or sub-committee must include at least one member
of the executive.
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5.
Appointment of other statutory officers
The Council shall make every appointment of a Chief Officer (defined as the Head
of the Paid Service and Monitoring Officer).
6.
Advertisement of vacancies
Where the Council proposes to fill a salaried post, and it is not proposed that the
appointment be made from its existing staff, it shall -
6.1
draw up a statement specifying 6.1.1
the duties of the officer concerned; and
6.1.2
any qualifications or qualities to be sought in the person to be appointed.
6.2
make arrangements for the post to be advertised in such a way as is likely to bring it
to the attention of persons who are qualified to apply for it; and
6.3
make arrangements for a copy of the statement mentioned in paragraph (a) to be
sent to any person on request.
7.
Where a post has been advertised as provided in Rule 6, the Council shall –
7.1
interview all qualified applicants for the post; or
7.2
select a short list of such qualified applicants and interview those included on the
short list.
7.3
where no qualified person has applied, the Council shall make further arrangements
for advertisement in accordance with Rule 6.
The Council shall appoint such Officers as it thinks necessary for the proper
discharge of such of its or another Authority’s functions as fall to be discharged by
them.
Heads of Business Units shall not be obliged to comply with Rule 6 in cases where
they are exercising their role as contractor as a result of the Local Government Act
1988, the Local Government, Planning and Land Act 1980 or the Local Government
Act 1992.
8.
Disciplinary action
8.1
In paragraph (b), "chief finance officer", "council manager", "disciplinary action",
"head of the authority's paid service" and "monitoring officer", have the same
meaning as in regulation 2 of the Local Authorities (Standing Orders) (England)
Regulations 2001 and "designated independent person" has the same meaning as in
regulation 7 of those Regulations.
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8.2
No disciplinary action in respect of the head of the authority's paid service (unless
he is also a council manager of the authority), its monitoring officer or its chief
finance officer, except action described in paragraph (c), may be taken by the
authority, or by a committee, a sub-committee, a joint committee on which the
authority is represented or any other person acting on behalf of the authority,
other than in accordance with a recommendation in a report made by a designated
independent person under regulation 7 of the Local Authorities (Standing Orders)
(England) Regulations 2001 (investigation of alleged misconduct).
8.3
The action mentioned in paragraph (b) is suspension of the officer for the purpose
of investigating the alleged misconduct occasioning the action; and any such
suspension must be on full pay and terminate no later than the expiry of two
months beginning on the day on which the suspension takes effect.
9.
Filling of vacancy by appointment of former applicant
Where within six months of the filling of a vacancy which has been publicly
advertised, a similar vacancy occurs in a Business Unit, the Chief Executive,
appropriate Officer exercising delegation, the cabinet or appropriate SubCommittee or Panel, may appoint one of the former applicants.
10.
Temporary appointment
Where a Standing Deputy has not been appointed, the Cabinet, or Chief
Executive/appropriate Officer exercising delegation, may, if they think fit, appoint
and fix the remuneration of some person to carry on temporarily the duties of the
office until a successor is appointed.
11.
Conditions of service
An officer appointed by the Council in accordance with Rule 6, shall hold office on
such reasonable terms and conditions, including conditions as to remuneration, as
the Council thinks fit.
12.
Canvassing by candidates
Canvassing of Members of the Council, directly or indirectly, for any appointment
under the Council shall disqualify the candidate concerned for that appointment,
and the purport of this Rule shall be included in any form of application.
13.
Soliciting by Members
A Member shall not solicit for any person an appointment under the Council, but
this shall not preclude a Member from giving a written testimonial of a candidate’s
ability, experience or character for submission to the Council with an application
for appointment.
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14.
Disclosure of relationship by applicant
A candidate for any appointment under the Council who knows that he is related to
any Member or officer shall, when making an application, disclose that relationship
to the Chief Executive.
15.
Disclosure of relationship by Members and officers
Every Member and officer shall disclose to the Chief Executive any relationship
known to him to exist between himself and any person who he knows is a
candidate for an appointment under the Council.
16.
Notification to Council or committee of disclosure
The Chief Executive shall report to the Council or the appropriate Committee any
such disclosure made to him.
17.
Failure to disclose relationship by applicant
A candidate who fails to disclose such a relationship shall be disqualified for the
appointment and, if appointed, shall be liable to dismissal without notice.
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HART DISTRICT COUNCIL
CONSTITUTION
PART 5
CODES AND PROTOCOLS
254
December 2012
MEMBERS’ CODE OF CONDUCT 2012
1.
This code of conduct is adopted pursuant to the council’s duty to promote and
maintain high standards of conduct by members and co-opted members 26 of the
council.
2.
This code applies to you as a member or co-opted member of this council when you
act in that role and it is your responsibility to comply with the provisions of this
code.
Selflessness
3.
You must serve only the public interest and must never improperly confer an
advantage or disadvantage on any person including yourself.
Objectivity
4.
In carrying out public business you must make decisions on merit, including when
making appointments, awarding contracts, or recommending individuals for rewards
or benefits.
Accountability
5.
You are accountable for your decisions and actions to the public and must submit
yourself to whatever scrutiny is appropriate to your office.
Openness
6.
You must be as open as possible about your actions and those of your council, and
must be prepared to give reasons for those actions.
Honesty and integrity
7.
You must not place yourself in situations where your honesty and integrity may be
questioned, must not behave improperly and must on all occasions avoid the
appearance of such behaviour.
Leadership
8.
You must promote and support high standards of conduct when serving in your
public post, in particular as characterised by the above requirements, by leadership
and example in a way that secures or preserves public confidence.
26
A “co-opted member” for the purpose of this code is, as defined in the Localism Act section 27 (4) “a
person who is not a member of the council but who
a) is a member of any committee or sub-committee of the council, or
b) is a member of, and represents the council on, any joint committee or joint sub-committee of the council;
and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub
committee
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December 2012
General Obligations
9.
You must treat others with respect and ensure that you are aware of and comply
with all legal obligations that apply to you as a member or co-opted member of the
council and act within the law;
10.
You must not bully 27 any person.
11.
You must not do anything that compromises or is likely to compromise the
impartiality of those who work for, or on behalf of the council.
12.
You must not disclose information given to you in confidence by anyone, or
information acquired by you of which you are aware, or ought reasonably to be
aware, is of a confidential nature except where:
(i)
you have the consent of a person authorised to give it;
(ii)
you are required by law to do so;
(iii)
the disclosure is made to a third party for the purpose of obtaining
professional legal advice provided that the third party agrees not to disclose
the information to any other person, or
(iv)
the disclosure is:
a)
reasonable and in the public interest; and/or
b)
made in good faith and in compliance with the reasonable
requirements of the council.
13.
You must not improperly use knowledge gained solely as a result of your role as a
member for your own personal advantage.
14.
When making decisions on behalf of or as part of the council you must have regard
to any professional advice provided to you by the council’s officers.
15.
When using or authorising the use by others of the resources of the council:
(i)
you must act in accordance with the council’s reasonable requirements;
(ii)
you must make sure that you do not use resources improperly for political
purposes and do not use them at all for party political purposes.
Registering and declaring interests
16.
You must, within 28 days of taking office as a member or co-opted member, notify
the council’s monitoring officer of any ‘disclosable pecuniary interest’ as defined by
regulations made by the Secretary of State.
27 Bullying is defined as offensive, intimidating, malicious, insulting or humiliating behaviour which attempts to
undermine, hurt or humiliate an individual or group. It can have a damaging effect on a victim's confidence,
capability and health. Bullying conduct can involve behaving in an abusive or threatening way, or making
allegations about people in public, in the company of any of their colleagues, through the press or in blogs. It
may happen once or be part of a pattern of behaviours, although minor isolated incidents are unlikely to be
considered bullying. Nothing herein however, should be construed as meaning that it is not right to challenge
or test arguments or opinions provided that it is done in an appropriate and respectful manner.
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December 2012
17
As soon as you are aware of any changes in your ‘disclosable pecuniary interests’ you
must, within 28 days, notify the council’s monitoring officer.
18.
You must disclose the interest at any meeting of the council at which you are
present, where you have a ‘disclosable pecuniary interest’ in any matter being
considered and where the matter is not a ‘sensitive interest 28’.
19
If you have a ‘disclosable pecuniary interest’ or a ‘prejudicial interest’ 29 in an item
during a formal meeting of the Council you must
•
•
•
•
Declare or draw attention to your interest at the meeting
Not participate in any discussion of the matter
Not vote on the matter; and
Leave the room during the discussion or vote
If the public are allowed to, you can stay in the meeting to make representations,
answer questions or give evidence. When you have finished you must immediately
leave the room and not take part in the discussion or vote. 30
Other Interests
20
If you attend a meeting at which any item of business is to be considered and you are
aware that you have a “other interest” in that item, you must make verbal
declaration of the existence and nature of that interest at or before the
consideration of the item of business or as soon as the interest becomes apparent. 31
28
A “sensitive interest” is described in the Localism Act 2011 as a member or co-opted member of a council
having an interest, and the nature of the interest being such that the member or co-opted member, and the
council’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or
co-opted member, or a person connected with the member or co-opted member, being subject to violence or
intimidation.
29
You have a ‘prejudicial interest’ in any business of Hart District Council where the interest is one which a
member of the public with knowledge of the relevant facts would reasonably regard as so significant that
it is likely to prejudice your judgement of the public interest.
30
Notwithstanding the specific legislative provisions relating to matters associated with ‘disclosable pecuniary
interests’ the rules of natural justice still apply. Therefore, matters associated with ‘other interests’ can
sometimes amount to ‘prejudicial interests’. Unless dispensation has been granted, you must not participate in
any discussion of, vote on, or discharge any function related to any matter in which you have a ‘disclosable
pecuniary interest’ or a ‘prejudicial interest’ and you should leave the room, unless members of the public
are allowed to make representations, give evidence or answer questions about the matter, by
statutory right or otherwise. If that is the case you can attend the meeting for that purpose. You must
however, immediately leave the room after you have finished making your representations, given evidence or
answering questions and before and debate starts or when the meeting decides that you have finished (if that is
earlier). You cannot remain in the room or chamber when the meeting discusses or votes on the matter. You
must also not seek to improperly influence a decision in which you have a ‘disclosable pecuniary interest’ or
‘prejudicial interest’. This requirement is similar to your general obligation not to use your position as a
member of the Council improperly to your or someone else’s advantage or disadvantage.
31
The obligation to disclose ‘other interests’ to a meeting only applies when you are aware of or ought to have
been aware of the existence of that interest. It would be impractical to expect you to research into the
employment, business interests and other activities of all your close associates and relatives. However, you
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21
You have an “other interest” in an item of business of the Council where –
a)
A decision in relation to that business might reasonably be regarded as
affecting the well-being 32 or financial standing of you or a member of your
family 33 or a person with whom you have a close association 34 to a greater
extent than it would affect the majority of the Council Tax payers, ratepayers
or inhabitants of the ward or electoral area for which you have been elected
or otherwise of the authority’s administrative area, or
b)
It relates to or is likely to affect any of the interests listed in the Table
Appended to this Code, but in respect of a member of your family (other than
a “relevant person”) or a person with whom you have a close association and
that interest is not a disclosable pecuniary interest.
Gifts and Hospitality
22
This register of interests also includes the details of any gifts or hospitality received
which was worth over £25 and received in your capacity as a Councillor 35.
should not ignore the existence of interests which, from the point of view of a reasonable and objective
observer, you should have been aware of.
32
The term ‘well-being’ can be described as a condition of contentment and happiness. Anything that could
affect the quality of life, either positively or negatively is likely to affect your well being. An ‘other interest’ can
affect you, your family or close personal associates positively and negatively. So, if you or they have a potential
to gain or lose from a matter under consideration, an ’other interest’ would need to be declared in both
situations.
33
A ‘member of your family’ in this context means a “relevant person”, a parent, a parent-in-law, a son or
daughter, a stepson or stepdaughter, the child of a partner, a brother or sister of your partner, a brother or
sister, a brother of sister of your partner, a grandparent, a grandchild, an uncle or aunt, a nephew or nice, and
partners of these people.
34
A person with whom you have a ‘close association’ is someone that you are in either regular or irregular
contact with over a period of time who is more than simply an acquaintance. It is someone a reasonable
member of the public might think you would be prepared to favour or disadvantage when discussing a matter
that affects them. It may be a friend, a colleague, a business associate or someone you know through general
social contacts.
34
You need to look to look at how any matter would affect the interest or those members of your family or
close associates. This includes:
• their jobs;
• their employers, firms they are partners of, and companies they are directors of; and
• any person or body who has appointed members of your family or close associated, to any position
35
This requires disclosure of the name of the person who is believed to be the source of the gift or hospitality.
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DISCLOSABLE PECUNIARY INTERESTS
The duties to register, disclose and not to participate in respect of any matter in which a
member has a Disclosable Pecuniary Interest are set out in Chapter 7 of the Localism Act
2011. Disclosable pecuniary interests are defined in the Relevant Authorities (Disclosable
Pecuniary Interests) Regulations 2012 and it is either the interest of yourself; or your
partner (which means spouse or civil partner; a person with whom you are living as husband
or wife; or a person with whom you are living as if you are civil partners) within the
following descriptions:
(In the extracts from the Regulations below, 'M' means you and the 'relevant person' means
you and your partner, as above)
Subject
Prescribed description
Employment, office, trade,
profession or vocation
Any employment, office, trade, profession or
vocation carried on for profit or gain
Sponsorship
Any payment or provision of any other
financial benefit (other than from the relevant
authority) made or provided within the
relevant period in respect of any expenses
incurred by M in carrying out duties as a
member, or towards the election expenses
of M. This includes any payment or financial
benefit from a trade union within the
meaning of the Trade Union and Labour
Relations (Consolidation) Act 1992).
Contracts
Any contract which is made between the
relevant person (or a body in which the
relevant person has a beneficial interest) and
the relevant authority under which goods or services are to be
provided or works are to be executed; and
which has not been fully discharged.
Land
Any beneficial interest in land which is within
the area of the relevant authority.
Licences
Any licence (alone or jointly with others) to
occupy land in the area of the relevant
authority for a month or longer.
Corporate tenancies
Any tenancy where (to M’s knowledge) the landlord is the relevant authority; and
the tenant is a body in which the relevant
person has a beneficial interest.
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December 2012
Securities
Any beneficial interest in securities of a body
where that body (to M’s knowledge) has a place of
business or land in the area of the relevant
authority; and
either the total nominal value of the securities
exceeds £25,000 or one hundredth of the
total issued share capital of that body; or
if the share capital of that body is of more
than one class, the total nominal value of the
shares of any one class in which the relevant
person has a beneficial interest exceeds one
hundredth of the total issued share capital of
that class.
These descriptions on interests are subject to the following definitions;
“the Act” means the Localism Act 2011;
“body in which the relevant person has a beneficial interest” means a firm in which the
relevant person is a partner or a body corporate of which the relevant person is a director,
or in the securities of which the relevant person has a beneficial interest;
“director” includes a member of the committee of management of an industrial and
provident society;
“land” excludes an easement, servitude, interest or right in or over land which does not
carry with it a right for the relevant person (alone or jointly with another) to occupy the
land or to receive income;
“M” means a member of a relevant authority;
“member” includes a co-opted member;
“relevant authority” means the authority of which M is a member;
“relevant period” means the period of 12 months ending with the day on which M gives a
notification for the purposes of section 30(1) or 31(7), as the case may be, of the Act;
“relevant person” means M or any other person referred to in section 30(3)(b) of the Act;
“securities” means shares, debentures, debenture stock, loan stock, bonds, units of a
collective investment scheme within the meaning of the Financial Services and Markets Act
2000 and other securities of any description, other than money deposited with a building
society.
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PROCEDURE TO BE USED IN EVENT OF A
GRIEVANCE AGAINST A MEMBER OF THE
COUNCIL
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PROCEDURE TO BE USED IN EVENT OF A GRIEVANCE AGAINST A
MEMBER OF THE COUNCIL
Grievance by an Employee Against a Member of the Council
1.
The matter should be raised with the appropriate Director and Group Leader (or in
respect of Independent Members, the Leader of the Council) who will decide, in the
first instance, whether the complaint has substance.
2.
If no resolution is reached within five working days, the Director and appropriate
Group Leader and the aggrieved will discuss the issue with the Chief Executive as
soon as reasonably practicable.
3.
If no resolution is reached at this stage, the Chief Executive will discuss the matter
with the Group Leader and the Leader of the Council, and an attempt will be made
to resolve the matter on an informal basis (i.e. no written memoranda to be
required) within 10 working days.
4.
In the event of no resolution by this stage, the Chief Executive will advise the
Director, Group Leader and the aggrieved. Should the aggrieved wish to pursue the
matter, they must give written notice to the Chief Executive within five working days
requesting the grievance to be heard by a Member Panel.
5.
The panel will consist of cross-party membership drawn from the Appeals
Committee consisting of at least three Members. The chairman of the panel will not
be drawn from the same political group as the Member against whom the grievance is
being pursued.
6.
The panel hearing will normally be arranged to take place within 20 working days of
receipt of the request from the aggrieved employee.
7.
The aggrieved employee and the Member shall have the right to be accompanied by a
colleague of their choice. The Director or his nominated officer will have the right
to be present but will not participate.
8.
The panel decision will be final, and a written note of the decision will be given to the
aggrieved employee within five working days of the hearing.
Grievance By a Councillor Against a Member of the Council
1.
The matter should be raised with the appropriate Group Leader (or, in respect of
Independent Members, the Leader of the Council) and the Chief Executive who will
decide, in the first instance, whether the complaint has substance.
2.
If no resolution is reached within five working days, the Group Leader and the
aggrieved will discuss the issue with the Chief Executive as soon as reasonably
practicable.
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3.
If no resolution is reached at this stage, the Chief Executive will discuss the matter
with the Group Leader, if appropriate, or the Leader of the Council, and an attempt
will be made to resolve the matter on an informal basis (i.e. no written memoranda
to be required) within 10 working days.
4.
In there is no resolution at this stage, the Chief Executive will advise the Group
Leader and the aggrieved. Should the aggrieved wish to pursue the matter, they must
give written notice to the Chief Executive within five working days requesting the
grievance to be heard by a Member Panel.
5.
The panel will consist of cross-party membership drawn from the Appeals
Committee consisting of at least three Members. The chairman of the panel will not
be drawn from the same political group as the aggrieved or the member whom the
grievance is against.
6.
The panel hearing will normally be arranged to take place within 20 working days of
receipt of the request.
7.
The aggrieved and the Member shall have the right to be accompanied by a colleague
of their choice. The Chief Executive or a nominated officer will have the right to be
present but will not participate.
8.
The panel decision will be final, and a written note of the decision will be given to the
aggrieved within five working days of the hearing.
Decision by a Member Panel to Uphold a Grievance
1.
If a Grievance against a Member is upheld, the Panel should consider recommending
to the appropriate Group Leader (or, in the case of Independents, the Chief
Executive) that :
*
in all cases the aggrieved should receive a suitable written note of apology;
*
a written statement should be issued to the Member that their behaviour has
been adjudged unacceptable by an all-party panel of their peers and should
not be repeated;
*
the Group Leader or Chief Executive should take steps to ensure that the
aggrieved is able to continue working normally;
*
in serious cases, and subject to the approval of the relevant committee, panel
or of full Council, consideration should be given to relieving the Member of
special duties such as chairman of a committee or panel, Member of working
party, etc.
*
exceptionally, management should agree to transferring an affected employee
to other duties, providing that this is agreeable to the individual employee and
not detrimental to the work of the organisation.
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May 2003
2.
The Group Leader or Chief Executive should remind the Member that,
notwithstanding the action taken under the Grievance Procedure, individuals may have
a right to pursue the matter through the relevant legal channels.
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PROTOCOL FOR MEMBER/OFFICER
RELATIONS
.265
PROTOCOL FOR MEMBER/OFFICER RELATIONS
Contents
1.
Introduction
Purpose of a protocol
2.
General Principles
Enhancing and maintaining the integrity of local government
Relationships between Members and officers
Members' criticism of officers and vice versa
3.
Officer Advice to Members
Officers' duty to the Council as a whole
Officers' dealings with political groups
4.
Support Services to Members
For use on Council business
5.
Members' Access to Information and to Council Documents
To assist in discharging their role as Members of the Council
Statutory rights to inspect documents
Right to inspect documents based on a "need to know"
Confidentiality
6.
Officer/Chairman Relationships
Importance of and limitations upon close working relationships
Briefings to Chairmen, Cabinet Members and minority group
spokespersons
Delegation of decisions to officers
7.
Member/Officer Roles
Traditional distinctions useful but not definitive
Restrictions on dealing with third parties
Members providing officers with work
8.
Correspondence
Copying of correspondence from officers to Members
Use of official Council notepaper
9.
Involvement of Ward Councillors
Public meetings and initiatives in Members' wards.
10.
Ceremonial Events
Role of Chairman of the Council and Committee Chairmen
Local Members and Parish and Town Councils
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11.
Public Relations and Press Releases
Legal restrictions on party political publicity
Partners magazine and the Communications Advisory Group
12.
Other Codes
Relating to Members and officers
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PROTOCOL FOR MEMBER/OFFICER RELATIONS
1.
Introduction
1.1
The purpose of this protocol is to guide Members and Officers of the Council in
their relations with one another in such a way as to ensure the smooth running of
the Council.
1.2
Given the variety and complexity of such relations, this protocol does not seek to be
either prescriptive or comprehensive. It seeks simply to offer guidance on some of
the issues which most commonly arise. It is hoped, however, that the approach
which it adopts to these issues will serve as a guide to dealing with other issues.
1.3
This protocol is to a large extent no more than a written statement of current
practice and convention. It seeks to promote greater clarity and certainty. If the
advice is followed it should also ensure that Members receive objective and impartial
advice and that officers are protected from accusations of bias and any undue
influence from Members.
2.
General Principles
2.1
This protocol seeks to reflect the principles underlying the respective Codes of
Conduct which apply to Members and officers and are referred to more fully in
section 12 below. The shared object of these codes is to enhance and maintain the
integrity (real and perceived) of local government and they, therefore, demand very
high standards of personal conduct.
2.2
A relevant extract from the National Code of Local Government Conduct for
members is reproduced below:
"Both councillors and officers are servants of the public and they are indispensable to
one another. But their responsibilities are distinct. Councillors are responsible to
the electorate and serve only so long as their term of office lasts. Officers are
responsible to the Council. Their job is to give advice to councillors and the council,
and to carry out the council's work under the direction and control of the council,
their committees and sub-committees.
Mutual respect between councillors and officers is essential to good local
government. Close personal familiarity between individual councillors and officers
can damage this relationship and prove embarrassing to other councillors and
officers."
2.3
A balance between formality and informality in Member-officer relations needs to be
struck - there are dangers in over emphasising informality, just as unnecessary
formality is unduly restrictive. In terms of the new roles and settings that are
emerging, formal relations need to be maintained in all public decision-making arenas,
including DSO board-style arrangements, policy scrutiny committees and multiagency partnerships. More informal relations may be appropriate, however, in
Panels, Area Forums and area-based partnerships as well as in community
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development initiatives and for strategy formulation or problem-solving more
generally.
2.4
In line with the National Code's reference to "mutual respect" it is important that
any dealings between Members and officers should observe reasonable standards of
courtesy and that neither party should seek to take unfair advantage of their position.
2.5
Members should not raise matters relating to the conduct or capability of a Council
employee or of employees collectively at meetings held in public. This is a
longstanding tradition in public service. Employees have no means of responding to
criticisms like this in public. Such criticism should, however, be distinguished from
Members' right to disagree with the professional judgement of officers; Members are
not bound to follow officers' advice. If Members feel they have not been treated with
proper respect, courtesy or have any concern about the conduct or capability of a
Council employee, they should raise the matter with the Director/Head of Service of
the department concerned if they fail to resolve it through direct discussion with the
employee. The Director/Head of Service will then look into the facts and report
back to the Member. If the Member continues to feel concern, the Member should
then report the facts to the Chief Executive who will look into the matter afresh.
2.6
There is also an established convention that officers do not criticise Members in
public meetings. The Council's Standing Orders contain a procedure for dealing with
a grievance by an officer against a Member (as well as one for dealing with a grievance
by one Member against another) pursuant to the Council's harassment policies.
2.7
It is an inevitable consequence of political life that there may be occasions on which a
Member feels bound publicly to criticise the Council. However, before doing so, it is
important that the Member has taken adequate steps to verify the accuracy of the
facts upon which such criticism is based. The Member concerned would normally be
expected to verify the facts with the relevant officer, unless he or she is sure as to
their accuracy.
2.8
It is recognised that there may be close social or personal relationships between
Members and officers which commenced either before or after a Member's election
to or an officer's employment by the Council. In these circumstances, the Member
should disclose this relationship to his or her group leader and to the Council's
Monitoring Officer, and the officer to his or her Director/Head of Service and to the
Monitoring Officer. In order to maintain the integrity of the individuals concerned
and the Council, such relationships should never be hidden. To do so can lead to
suspicion and mistrust. The group leaders and Chief Executive will endeavour to
ensure that neither the Member nor the officer is placed in a position where such
relationship between the Member and the officer will be seen to conflict with the
remaining provisions of this protocol.
3.
Officer Advice to Members
3.1
It must be recognised by all Officers and Members that, in discharging their duties
and responsibilities, officers serve the Council as a whole and not exclusively any
political group, combination of groups or any individual Member of the Council.
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3.2
There is now statutory recognition for party groups and it is common practice for
such groups to give preliminary consideration to certain matters of Council business
in advance of such matters being considered by the relevant Council decision making
body. All officers must, in their dealings with political groups and individual
Members, treat them in a fair and even-handed manner.
3.3
The support provided by officers will most frequently/has usually taken the form of a
briefing meeting with a Chairman and/or Vice Chairman prior to a committee or
panel meeting. It is likely that similar arrangements will evolve with the relevant
portfolio holder in the Cabinet. Whilst in practice officer support is likely to be in
most demand from whichever party group is for the time being in control of the
Council, such support is available to all party groups.
3.4
Officer support must not extend beyond providing information and advice in relation
to matters of Council business. Officers must not be involved in advising on any
matters of party business.
3.5
Unless otherwise agreed in advance with the Chief Executive, officers will not brief
meetings which include persons who are not Members of the Council. However,
where attendance in these circumstances has been agreed by the Chief Executive,
special care will need to be exercised by officers involved in providing information
and advice to such meetings. Persons who are not Councillors will not be bound by
the National Code of Local Government Conduct (in particular, the provisions
concerning the declarations of interests and confidentiality) and, for this and other
reasons, officers may not be able to provide the same level of information and advice
as they would to a Members-only meeting.
3.6
Any request for advice, together with the advice given to a political group or
Member will be treated with strict confidentiality by the officers concerned and will
not be accessible to any other political group. It is acknowledged, however, that
factual information upon which any advice is based will, if requested, be available to
all Members.
3.7
Officers must respect the confidentiality of any party group discussions at which they
are present in the sense that they should not relay the content of any such discussion
to another party group.
3.8
Any particular cases of difficulty or uncertainty in this area of officer advice to
Members should be raised with the Chief Executive who will discuss them with the
relevant group leader(s).
4.
Support Services to Members
4.1
The only basis on which the Council can lawfully provide support services (eg
stationery, photocopying, meeting rooms etc.) to Members is to assist them in
discharging their role as members of the Council. Such support services must
therefore be used only on Council business. This limitation will on occasion require
a distinction to be made between the business of a political group on the one hand
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and more general party political or campaigning activity on the other. Support
services can properly be used for the former purposes but not for the latter.
5.
Members' Access to Information and to Council Documents
5.1
Members are free to approach any Council Department to provide them with such
information, explanation and advice (about that Department's functions) as they may
reasonably need in order to assist them in discharging their role as members of the
Council. This can range from a request for general information about some aspect of
a Department's activities to a request for specific information on behalf of a
constituent. Such approaches should normally be directed to the Director/Head of
Service or another senior officer of the Department concerned. In cases of doubt,
officers in the Democratic Services Group should be asked for assistance.
5.2
As regards the legal rights of Members to inspect Council documents, these are
covered partly by statute and partly by the common law.
5.3
Members have a statutory right to inspect any Council document which contains
material relating to any business which is to be transacted at a Council, Cabinet, Committee
or Sub-Committee meeting. This right applies irrespective of whether the Member is a
member of the Cabinet, committee or sub-committee concerned and extends not
only to reports which are to be submitted to the meeting, but also to any relevant
background papers. This right does not, however, apply to documents relating to
certain items which may appear on the "Exempt" section of the agenda for a
meeting. The items in question are those which contain exempt information relating
to employees, occupiers of Council property, applicants for grants and other
services, the care of children, contract and industrial relations negotiations, advice
from Counsel and criminal investigations.
5.4
The common law right of Members is much broader and is based on the principle
that any Member has a prima facie right to inspect Council documents so far as his or
her access to the documents is reasonably necessary to enable the member properly to
perform his or her duties as a Member of the Council. This principle is commonly
referred to as the "need to know" principle.
5.5
The exercise of this common law right depends therefore, upon the Member's ability
to demonstrate that he or she has the necessary "need to know". In this respect a
Member has no right to "a roving commission" to go and examine documents of the
Council. Mere curiosity is not sufficient. The crucial question is the determination of
the "need to know". This question must initially be determined by the particular
Director/Head of Service whose Department holds the document in question (with
advice from the Head of Support/Chief Executive). In the event of dispute, the
question falls to be determined by the Cabinet or relevant committee - i.e. the
committee in connection with whose functions the document is held.
5.6
In some circumstances (e.g. a Cabinet or Committee member wishing to inspect
documents relating to the business of that Committee) a Member's "need to know"
will normally be presumed. In other circumstances (e.g.. a Member wishing to
inspect documents which contain personal information about third parties) a Member
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will normally be expected to justify the request in specific terms. Furthermore, there
will be a range of documents which, because of their nature are either not accessible
by Members or accessible only by the political group forming the administration and
not by the other political groups. An example of this latter category would be draft
documents compiled in the context of emerging Council policies and draft committee
reports, the disclosure of which prematurely might be against the Council's and the
public interest.
5.7
Whilst the term "Council document" is very broad and includes for example, any
document produced with Council resources, it is accepted by convention that a
Member of one party group will not have a "need to know" and, therefore, a right to
inspect, a document which forms part of the internal workings of another party
group.
5.8
Further and more detailed advice regarding Members' rights to inspect Council
documents may be obtained from the Head of Support.
5.9
Finally, any Council information provided to a Member may be used by the Member
only for the purpose for which it was provided, i.e.. in connection with the proper
performance of the Member's duties as a Member of the Council. This point is
emphasised in the National Code of Local Government Conduct in the following
terms:
"26. As a Councillor or a committee or sub-committee Member, you necessarily
acquire much information that has not yet been made public and is still confidential.
It is a betrayal of trust to breach such confidences. You should never disclose or use
confidential information for the personal advantage of yourself or of anyone known
to you, or to the disadvantage or the discredit of the council or anyone else."
6.
Officer/Chairman Relationships
6.1
It is clearly important that there should be a close working relationship between the
Chairman of a committee and the Director/Head of Service and other senior officers
of any department who will report to or service the meetings of that Committee.
However, such relationships should never be allowed to become so close, or appear
to be so close, as to bring into question the officers' ability to deal impartially with
other Members and other party groups.
6.2
Whilst the Chairman of a committee (or sub-committee) will routinely be consulted
as part of the process of drawing up the agenda for a forthcoming meeting, it must be
recognised that in some situations a Director/Head of Service will be under a duty to
submit a report on a particular matter. Similarly, a Director/Head of Service or
other senior officer will always be fully responsible for the contents of any report
submitted in his or her name. This means that any such report will be amended only
where the amendment reflects the professional judgement of the author of the
report. Any issues arising between a Chairman and a Director/Head of Service in
this area should be referred to the Chief Executive for resolution in conjunction with
the Leader of the Council.
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6.3
A Director/Head of Service will seek to ensure that the relevant committee or panel
chairman or portfolio holder is aware of information provided by him or her to
other members when the information clearly relates to the business of that
committee, panel or portfolio holder. This would not apply where the information
was of a routine or trivial nature or where it would involve a breach of confidence or
other statutory or formal requirement.
6.4
When there is no overall control of the Council, it would be expected that, in
addition to the chairman’s briefing before any meeting, the political groups’
representatives on a committee or sub-committee would also be offered the
opportunity of a briefing through their spokespersons.
6.5
In relation to action between meetings, it is important to remember that the law
allows for decisions (relating to the discharge of any of the Council's functions) to be
taken only by the Executive, a committee, a sub-committee or an officer. The
Council’s constitution does not allow for such decisions to be taken by a Chairman
or indeed by any other single Member.
6.6
At some committee and sub-committee meetings, a resolution may be passed, which
authorises named officers to take action between meetings in consultation with the
Chairman. It must be recognised that it is the officer, rather than the Chairman, who
takes the action and it is the officer who is accountable for it.
6.7
Finally, it must be remembered that officers within a Department are accountable to
their Director/Head of Service and that whilst officers should always seek to assist a
Chairman (or indeed any Member), they must not, in so doing, go beyond the bounds
of whatever authority they have been given by their Director/Head of Service.
7.
Member/Officer Roles
7.1
Traditionally, the distinction between roles turns on Members being responsible for
determining policy whilst officers are responsible and accountable for implementing
policy and managing the organisation. Given these roles, officers are expected to
work within and pursue Council policies. Equally, Members must not interfere with
executive matters that are the responsibility of managers.
7.2
Organisational, managerial, political and other changes in local government have all
combined to prevent this traditional distinction being used as a precise demarcation
tool to define the respective roles of Members and officers (if it ever could be).
However, it remains a useful touchstone to guide Members and officers. The former
should guard against becoming involved in operational detail whilst the latter must
demonstrate commitment to the properly formulated policies of the Council
irrespective of any personal views.
7.3
It is a fundamental principle that officers should not hold themselves out to third
parties as having power to bind the Council (leaving aside any issue of delegated
powers). Similarly, Members should not seek to negotiate with third parties and
purport to represent the will of the Council.
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7.4
Officers are accountable to their Director/Head of Service from whom they will
normally receive their work through the line management structure. There will be
occasions when officers receive work direct from a member of the Cabinet or from
the Chairman of a committee, sub-committee or panel. Officers will routinely liaise
with their line managers on their capacity to undertake such tasks. There may be
occasions when the Director/Head of Service or other senior officer reverts to the
Member concerned to discuss the impact of such work. It would not normally be
expected that other members would approach officers with tasks (save for the
Chairman of the Council in relation to his or her secretary).
8.
Correspondence
8.1
Correspondence between an individual member and an officer will not as a matter of
course be copied (by the officer) to any other Member. Where correspondence is
copied to another member, this should be made clear to the original Member. In
other words, a system of "silent copies" should not be employed. Members will, of
course, bear in mind that officers will brief Chairmen and portfolio holders as
outlined in paragraph 6.3 above.
8.2
Where an officer corresponds with a Member on a matter of general interest in his
or her ward or parish, it is in the best interests of the Council to ensure that other
Members in the locality are informed of such matters. In these circumstances, copies
of correspondence will normally be sent to all Members in the locality unless there is
a reason why this is not appropriate.
8.3
Official letters on behalf of the Council should normally be sent out over the name of
the appropriate officer, rather than under the name of a Member. It will be
appropriate in certain circumstances (e.g. representations to a Government Minister)
for a letter to appear over the name of a Member, but this should be the exception
rather than the norm. Letters which for example, create obligations or give
instructions on behalf of the Council should never be sent out over the name of a
Member. When Members use official Council notepaper, they should be careful to
make clear the capacity in which they are writing.
9.
Involvement of Ward Councillors
9.1
Whenever a public meeting is organised by the Council to consider a local issue, all
the Members representing the ward or wards affected should as a matter of course
be invited to attend the meeting. Similarly, whenever the Council undertakes any
form of consultative exercise on a local issue, the ward Members should be notified
at the outset.
9.2
Officers will seek both to inform and to keep Members informed about any initiative
which is being developed. However, Members must be aware of the pressures on
officers' time and that officers may exercise judgement as to how much information is
provided. Officers will seek in a timely manner both to inform and to keep members
informed about any initiative which is being developed or decision which is to be
made that affects the Ward.
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March 2007
10.
Ceremonial Events
10.1
The Chairman of the Council, or in his absence the Vice-Chairman, will be the
appropriate person to lead Council ceremonial events which are not specifically
associated with a Cabinet function or particular committee and to represent the
Council by invitation at ceremonial events of other organisations which are not
specifically associated with a Cabinet function or particular committee.
10.2
Portfolio holders and Chairmen of committees (or, where Chairmen are not
available, Vice-Chairmen) are the appropriate candidates for ceremonial events
within the scope of their portfolios or committees. Where the relevant portfolio
holder is not available, he or she may nominate any other Member of the Council. If
neither the Chairman nor Vice-Chairman of a Committee are available, any other
Member may be nominated by the Chairman or Vice-Chairman.
10.3
Local Members should always be informed of, and where possible, invited to,
ceremonial events taking place within their wards, as should Parish and Town
Councils as appropriate.
10.4
Any Member taking part in a ceremonial event must not seek disproportionate
personal publicity or use the occasions for party political advantage bearing in mind
that the Member is representing the Council as a whole.
11.
Public Relations and Press Releases
11.1
The Council's PR and Marketing team services the Council as a whole and must
operate within the limits of the Local Government Act 1986, which prohibits the
Council from publishing material which appears to be designed to influence public
support for a political party. Council press releases are drafted by officers and will
often contain quotations (within the limits of the Local Government Act 1986) from
the Leader and Deputy Leader of the Council, the relevant portfolio holder the
Chairman and Vice-Chairman of the committee or sub-committee whose service is
involved and from the Chairman and Vice-Chairman of the Council about ceremonial
events. Such press releases are issued on behalf of the Council and it would not,
therefore, be appropriate when repeating quotations from Members to indicate their
party political affiliation or to attribute policies or initiatives to the ruling group.
11.2
Similar considerations apply to Partners magazine. Valuable Member guidance to the
magazine is provided by the Communications Advisory Group. However, the
ultimate editorial discretion resides with officers who must ensure that the content
reflects a corporate point of view.
12.
Other Codes
12.1
Officers are subject to the Council's Disciplinary and Grievance Procedures and
Harassment Policy, which are incorporated into their contracts of employment.
12.2
Integral to this are an Officer Code (based upon the LGMB's Code of Conduct for
Local Government Employees) and the National Code of Local Government
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March 2007
Conduct (by which all Members have declared, on accepting office, that they will be
guided).
12.3
A significant number of officers throughout the Council are also subject to codes
from their professional bodies e.g. Law Society, RTPI etc.
12.4
Reference has already been made to the procedures incorporated into the Council's
Standing Orders for dealing with grievances by officers against Members or by one
Member against another.
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March 2007
PROTOCOL FOR THE
MONITORING OFFICER
277
PROTOCOL FOR THE MONITORING OFFICER
1.
The Monitoring Officer undertakes to discharge his or her responsibilities outlined in
this paper with determination and a manner which will enhance the reputation of the
Council. In general terms, his or her ability to discharge these duties depends on
excellent working relations with colleagues and Members, but also on the flow of
information and access to debate, particularly at early stages.
2.
The following arrangements and understandings between Monitoring Officers and
colleagues and Members are designed to help ensure the effective discharge of their
functions:
(a)
if not a member of the Management Team, the Monitoring Officer will have
advance notice of those meetings and agenda and reports and the right to
attend and speak;
(b)
advance notice of meetings between Chief Officers and members of the
Executive or Committee Chairmen will be given to the Monitoring Officer
where any procedural, vires or other constitutional issues are likely to arise;
(c)
Chief Officers will alert the Monitoring Officer to all emerging issues of
concern including legality, probity, vires and constitutional issues;
(d)
the Monitoring Officer or his or her staff will have copies of all reports to
Members;
(e)
the Monitoring Officer is expected to develop good liaison and working
relations with the District Auditor and the Ombudsman, including the giving
and receiving of relevant information whether confidential or otherwise;
(f)
the Monitoring Officer will have a special relationship with the Chairman of
the Council and the Chairmen of the Standards and Overview and Scrutiny
Committees, and will ensure that the Head of Paid Service and Chief Financial
Officer have up to date information regarding emerging issues;
(g)
the Monitoring Officer will be expected to make enquiries into allegations of
misconduct in the absence of a written complaint being received and, if
appropriate, will make a written report to the Standards Committee unless
he and the Chairman of the Standards Committee agree that a report is not
warranted;
(h)
the Head of Paid Service, Chief Financial Officer and Monitoring Officer will
meet regularly to consider and recommend action in connection with current
governance issues and other matters of concern regarding probity;
(i)
in carrying out any investigation (whether under regulations or otherwise),
the Monitoring Officer will have unqualified access to any information held by
the Council and any employee who can assist in the discharge of their
functions;
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May 2003
(j)
the Monitoring Officer will have control of a budget sufficient to enable him
or her to seek counsel’s opinion on any matter concerning his or her
functions;
(k)
the Monitoring Officer will be responsible for preparing a training programme
for Members on the ethical framework, subject to the approval of the
Standards Committee;
(l)
the Monitoring Officer will report to the Council from time to time on the
constitution and any necessary or desirable changes, following consultation in
particular with the Head of Paid Service and Chief Financial Officer;
(m)
in consultation with the Chairman of the Council, the Monitoring Officer may
defer the making of a formal report under Section 5 of the Local Government
and Housing Act 1989 where another investigative body is involved;
(n)
the Monitoring Officer will make reports to the Council from time to time, as
necessary, on the staff, accommodation and resources they require to
discharge his or her functions;
(o)
the Monitoring Officer will appoint a deputy and keep him or her briefed on
emerging issues;
(p)
the Monitoring Officer will make arrangements to ensure good
communication between his or her office and Clerks of parish councils.
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May 2003
PROTOCOL FOR THE
SECTION 151 OFFICER
.280
May 2003
PROTOCOL FOR THE SECTION 151 OFFICER
1.
The Section 151 Officer undertakes to discharge his or her responsibilities with
determination and in a manner which will enhance the reputation of the Council.
2.
The following arrangements and understandings between the Section 151 Officer and
colleagues and elected Members are designed to help ensure the effective discharge
of their functions:
(a)
if not a member of the Management Team, the Section 151 Officer will have
advance notice of those meetings and agendas and reports and the right to
attend and speak;
(b)
advance notice of meetings between Business Unit Heads and members of the
Executive or Committee chairmen will be given to the Section 151 Officer
where any financial issues are likely to arise;
(c)
Business Unit Heads will alert the Section 151 Officer to all emerging issues of
concern including legality, probity, vires, and constitutional issues;
(d)
the Section 151 Officer will have copies of all reports to Members;
(e)
the Section 151 Officer will have a special relationship with the Chairman of
the Council and the Chairmen of the Standards and Scrutiny Committees, and
will ensure that the Head of Paid Service and Monitoring Officer have up to
date information regarding emerging issues;
(f)
the Head of Paid Service, the Section 151 Officer, and the Monitoring Officer
shall meet regularly to consider and recommend action in connection with
current governance issues and other matters of concern regarding probity;
(g)
the Section 151 Officer will report to the Council from time to time on the
Constitution and any necessary or desirable changes following consultation
with the Head of Paid Service and the Monitoring Officer;
(h)
the Section 151 Officer will make reports to the Council from time to time,
as necessary, on the staff, accommodation and resources they require to
discharge his/her functions;
(i)
the Section 151 Officer will appoint a deputy and keep him or her briefed on
emerging issues.
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May 2003
GUIDANCE FOR MEMBERS
AND OFFICERS
DEALING WITH PLANNING MATTERS
A Local Code of Good Practice
282
May 2003
POSITIVE ENGAGEMENT: A GUIDE FOR COUNCILLORS
INVOLVED IN MAKING PLANNING DECISIONS - GOOD
PRACTICE GUIDANCE NOTE
HART DISTRICT COUNCIL
SUMMARY
Councillors can involve themselves in discussions with developers, their constituents and
others about planning matters. Difficulties can be avoided if you follow these useful general
hints.
Do
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Do not
•
•
involve officers and structure discussions with developers
inform officers about any approaches made to you and seek advice
familiarise yourself with the Code of Conduct and follow it when you are
representing the Council
keep your register of interests up to date
be aware of what fairness and impartiality mean in your role
be prepared to hold discussions with an applicant and officers before a planning
application is made, not just after it has been submitted
preface any discussion with disclaimers; keep a note of important meetings and
calls; and make clear at the outset that discussions are not binding
be aware of what Disclosable Pecuniary Interests, personal and prejudicial
interests are – refer to the Monitoring Officer or the Code of Conduct if you are
unsure
recognise the distinction between giving advice and engaging in negotiation and
when this is appropriate in your role
stick to policies included in adopted plans, but also pay heed to any other
considerations relevant to planning
use meetings to show leadership and vision
encourage positive outcomes
recognise that you can lobby and campaign but that this may remove you from
the decision making process
feed in both your own and your local community’s concerns and issues
be aware that you can engage in discussions but you must have and be seen to
have an open mind at the point of decision making.
use your position improperly for personal gain or to advantage your friends or
close associates
meet developers alone or put yourself in a position where you appear to favour
a person, company or group – even a ‘friendly’ private discussion with a
developer could cause others to mistrust your impartiality
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December 2014
•
•
•
•
•
•
attend meetings or be involved in decision-making where you have a Disclosable
Pecuniary Interest or a prejudicial interest – except when speaking where the
general public are also allowed to do so
accept gifts or hospitality
prejudge or be seen to prejudge an issue if you want to be a decision maker on a
proposal
seek to influence officers or put pressure on them to support a particular course
of action in relation to a planning application
compromise the impartiality of people who work for the Council
invent local guides or policies
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December 2014
CONTENTS
SUMMARY
283
INTRODUCTION
286
1.
The aim of this good practice guidance note:
286
2.
Status of this good practice guidance note:
286
3.
The key purpose of Planning:
286
4.
Your role as a Member of the Planning Authority:
286
5.
When the Good Practice Guidance Note applies:
286
6.
Relationship to the Members’ Code of Conduct
286
7.
Development Proposals and Interests under the Members’ Code of Conduct
287
8.
Fettering Discretion in the Planning Process.
287
9.
Contact with Applicants, Developers and Objectors
288
10.
Lobbying of Councillors
288
11.
Lobbying by Councillors
289
12.
Public Speaking at Meetings
290
13.
Officers
290
14.
Decision Making
290
15.
Training
291
APPENDICES
291
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December 2014
INTRODUCTION
1.
The aim of this good practice guidance note:
to ensure that in the planning process there are no grounds for suggesting that a
decision has been biased, partial or not well founded in any way.
2.
Status of this good practice guidance note:
it has been adopted by Hart District Council to give guidance to Members when
dealing with planning matters. A failure on the part of any Member to act in
accordance with this guidance note does not in itself mean that the Member has
breached the Councillor Code of Conduct. This Good Practice Guidance Note will
however, be take into account in any assessment of any complaint into the conduct
of a Member.
3.
The key purpose of Planning:
to manage development in the public interest.
4.
Your role as a Member of the Planning Authority:
to make planning decisions openly, impartially, with sound judgment and for justifiable
reasons.
5.
When the Good Practice Guidance Note applies:
it applies to Members at all times when involving themselves in the planning process.
(This includes when taking part in the decision making meetings of the Council in
exercising the functions of the Planning Authority or when involved on less formal
occasions, such as meetings with officers or the public and consultative meetings). It
applies as equally to planning enforcement matters or site specific policy issues as it
does to planning applications.
If you have any doubts about the application of this good practice guidance note to
your own circumstances you should seek advice early, from the Monitoring Officer
preferably well before any meeting takes place.
6.
Relationship to the Members’ Code of Conduct
•
Do apply the rules in the Members’ Code of Conduct first, which must be always be
complied with.
•
Do then apply the rules in this Good Practice Guidance Note, which seek to explain
and supplement the Members’ Code of Conduct for the purposes of planning
control. If you do not abide by this Good Practice Guidance Note, you may not
necessarily have breached the Members' Code of Conduct but you may put the
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December 2014
Council at risk of proceedings on the legality or maladministration of the related
decision.
7.
Development Proposals and Interests under the Members’ Code of
Conduct
•
Do disclose the existence and nature of your interest i at any relevant meeting.
Preferably, disclose your interest at the beginning of the meeting and not just at the
start of discussion on that particular matter 36.
-
Do then act accordingly. Where you have a Disclosable Pecuniary Interest or your
interest is personal and prejudicial:
-
Don’t participate, or give the appearance of trying to participate, in the
making of any decision on the matter by the Council.
-
Don’t get involved in the processing of the application.
-
Don’t seek or accept any preferential treatment, or place yourself in a
position that could lead the public to think you are receiving preferential
treatment, because of your position as a councillor. This would include, where
you have a Disclosable Pecuniary Interest or a personal and prejudicial
interest in a proposal, using your position to discuss that proposal with
officers or members when other members of the public would not have the
same opportunity to do so.
-
Do be aware that, whilst you are not prevented from seeking to explain and
justify a proposal, the law place limitations on you in representing that
proposal. You may address the Committee but only to make a presentation in
the same manner than would apply to a normal member of the public, after
which you must leave the room whilst the meeting considers it (you may not
remain to observe the meeting’s considerations on it from the public gallery.)
You must not take part in any discussion or vote on the matter.
8.
Fettering Discretion in the Planning Process
•
Don’t fetter your discretion and therefore your ability to participate in planning
decision making by making up your mind, or clearly appearing to have made up your
mind (particularly in relation to an external interest or lobby group), on how you will
vote on any planning matter prior to formal consideration of the matter at the
meeting of Planning Committee (or Council) and of your hearing the officer’s
presentation and evidence and arguments on both sides.
You will not however, have fettered your discretion to have had (or to have
appeared to have had) a closed mind when making the decision just because:
36
Membership of Hampshire County Council or any Parish Council is classed as a personal interest but you
do not need to declare this interest unless you chooses to speak on a matter relating to you membership. If
you do not wish to speak on the matter, you may still vote on the matter without making a declaration.
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December 2014
-
you had previously done anything that directly or indirectly indicated what
view you took, or would or might take, and
-
the matter was relevant to the decision.
-
Don’t speak and vote on a proposal where you have fettered your discretion. You
do not have to withdraw, but you may prefer to do so for the sake of appearances.
9.
Contact with Applicants, Developers and Objectors
•
Do refer those who approach you for planning, procedural or technical advice to
officers.
•
Don’t agree to any informal meeting with applicants, developers or groups of
objectors where you can avoid it. Where you feel that a formal meeting would be
useful in clarifying the issues, it is preferable that you do not seek to arrange that
meeting yourself but request the Development Control Manager to organise it. The
officer(s) will then ensure that those present at the meeting are advised from the
start that the discussions will not bind the Council to any particular course of
action, and also ensure that the meeting is properly recorded.
•
Do otherwise:
− follow the rules on lobbying; and
− consider whether or not it would be prudent in the circumstances to make
notes when contacted;
− In addition in respect of presentations by applicants/developers
•
Do attend any open public planning presentations organised by developers.
•
Do ask relevant questions for the purposes of clarifying your understanding of the
proposals.
•
Do remember that the presentation is not part of the formal process of debate and
determination of any subsequent application.
•
Do be aware that a presentation is a form of lobbying and you should avoid
expressing strong views or state how you or other Members might vote.
10.
Lobbying of Councillors
•
Do explain to those lobbying or attempting to lobby you that, whilst you can listen
to what is said, it prejudices your impartiality and therefore your ability to
participate in the Committee’s decision making to express an intention to vote one
way or another or set out such a firm point of view that it amounts to the same
thing.
•
Do remember that your overriding duty is to the whole community not just to the
people in your ward and, taking account of the need to make decisions impartially,
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December 2014
that you should not improperly favour, or appear to improperly favour, any person,
company, group or locality.
•
Don’t accept gifts or hospitality from any person involved in or affected by a
planning proposal. If a degree of hospitality is entirely unavoidable, ensure it is of a
minimum, its acceptance is declared as soon as possible and remember to register
of interests where its value is over £25.
•
Do copy or pass on any lobbying correspondence you receive to the Development
Control Manager at the earliest opportunity.
•
Do promptly refer to the Development Control Manager any offers made to you of
planning gain or constraint of development, through a proposed S106 Planning
Obligation or otherwise.
•
Do inform the Monitoring Officer where you feel you have been exposed to undue
or excessive lobbying or approaches (including inappropriate offers of gifts or
hospitality).
•
Do note that, unless you have a Disclosable Pecuniary Interest, or a personal and
prejudicial interest, you will not have fettered your discretion or breached this
Good Practice Guidance Note through:
-
listening or receiving viewpoints from residents or other interested parties;
-
making comments to residents, interested parties, other Members or
appropriate officers, provided they do not consist of or amount to pre-judging
the issue and you make clear you are keeping an open mind;
-
seeking information through appropriate channels;
-
being a vehicle for the expression of opinion or speaking at the meeting as a
Ward Member, provided you explain your actions at the start of the meeting
or item and make it clear that, having expressed the opinion or ward/local
view, you have not committed yourself to vote in accordance with those
views and will make up your own mind having heard all the facts and listened
to the debate; or
-
having campaigned for or against a planning application so long as you go into
the meeting with an open mind to hear all the facts and evidence.
11.
Lobbying by Councillors
•
Do join general interest groups which reflect your areas of interest and which
concentrate on issues beyond particular planning proposals, such as the Victorian
Society, CPRE, Ramblers Association or a local civic society.
•
Don’t excessively lobby fellow councillors regarding your concerns or views nor
attempt to persuade them that they should decide how to vote in advance of the
meeting at which any planning decision is to be taken.
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December 2014
•
Don’t decide or discuss how to vote on any application at any sort of political group
meeting, or lobby any other Member to do so. Political Group Meetings should never
dictate how Members should vote on a planning issue.
12.
Public Speaking at Meetings
•
Don’t allow members of the public to communicate with you during the
Committee’s proceedings (orally or in writing) other than through the scheme for
public speaking, as this may give the appearance of bias.
13.
Officers
•
Don’t put pressure on officers to put forward a particular recommendation. (This
does not prevent you from asking questions or submitting views to the Development
Control Manager, which may be incorporated into any committee report).
•
Do recognise and respect that officers involved in the processing and determination
of planning matters must act in accordance with the Council’s Code of Conduct for
Officers and their professional codes of conduct, primarily the Royal Town Planning
Institute’s Code of Professional Conduct. As a result, planning officers’ views,
opinions and recommendations will be presented on the basis of their overriding
obligation of professional independence, which may on occasion be at odds with the
views, opinions or decisions of the Committee or its Members.
14.
Decision Making
•
Do ensure that, if you request a proposal to go before the Committee rather than be
determined through officer delegation, that your reasons are recorded and repeated
in the report to the Committee.
•
Do come to meetings with an open mind and demonstrate that you are openminded.
•
Do comply with the law and make decisions in accordance with the Development
Plan unless material planning considerations indicate otherwise.
•
Do not allow non-material planning considerations to influence your decision or to
be used as a reason to take a particular course of action.
•
Do come to your decision only after due consideration of all of the information
reasonably required upon which to base a decision. If you feel there is insufficient
time to digest new information or that there is simply insufficient information before
you, request that further information. If necessary, defer an application.
•
Don’t vote on a proposal unless you have been present to hear the entire debate,
including the officers’ introduction to the matter.
•
Do make sure that if you are proposing, seconding or supporting a decision contrary
to officer recommendations or the development plan that you clearly identify and
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December 2014
understand the planning reasons leading to this conclusion/decision. These reasons
must be given prior to the vote and be recorded. Be aware that you may have to
justify the resulting decision by giving evidence in the event of any challenge.
15.
Training
•
Don’t participate in decision making at meetings dealing with planning matters if you
have not attended appropriate planning training.
•
Do try to attend any other specialised training sessions provided, since these will be
designed to extend your knowledge of planning law, regulations, procedures, Codes
of Practice and the Development Plan.
•
Do participate in any review of a sample of planning decisions to ensure that
Members` judgements have been based on proper planning considerations.
APPENDICES
Appendix A Scheme of Delegation – powers granted by the Council to the Head of
Regulatory Services to determine Planning Applications
Appendix B General principles of operation within the scheme of Delegation
Appendix C Material and non Material Planning Considerations
Appendix D Determining Planning Applications
Appendix E Decisions contrary to Officer Recommendations and subsequent Appeals
Appendix F Officer Reports to Committee
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December 2014
APPENDIX A
Powers granted by the Council to the Head of Regulatory Services to deal with
Planning Matters (December 2013)
1
To determine or decline to determine all applications made, deemed to be made or
referred to the Council under the Town and Country Planning Act 1990, the Planning
(Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous
Substances) Act 1990 and any statutory instruments made under those Acts, together
with applications for certificates of Appropriate Alternative Development, together
with determinations that it is not expedient to take enforcement action except an
application where
1a
a. within four weeks of its registration by the Council, or
b. within five working days of being notified that it is intended to grant
permission where more than 5 letters of objection from independent
sources (including the parish/town council) have been received (within the
21 day published notification period) each raising substantive material
planning objections, that cannot be overcome by reasonable amendment
to the application or by the imposition of planning conditions.
any one of the local Ward Councillors (or in the absence of a local Ward
Councillor another previously nominated District Councillor) requests in writing
to the Head of Regulatory Services, giving relevant substantive material planning
reasons, that the application be determined by the Planning Committee and the
referral is agreed by the Chairman of the Committee
1b
The Head of Regulatory Services considers that the application/notice/order
should be considered by Committee
1c
The approval of the application would represent a material departure from the
policies of the statutory development plan
1d
The proposal involves the District Council as applicant or land owner or as
interested party
1e
Submitted by (including acting as an agent) or on behalf of a District Councillor
(or his/her spouse or partner or immediate family) or where a District
Councillor lives in the adjoining property, a property opposite the application site
or a property either side
1f
The applicant or agent is an officer who is a Member of the Council’s
Management Team, a Service Unit Head, or a member of staff within Regulatory
Services or any member of staff within the Authority who could be seen as having
a direct input to, and therefore influence on, application decisions
1g
Where an officer who is a Member of the Council’s Management Team, a Service
Unit Head, or a member of staff within Regulatory Services or any member of
staff within the Authority who could be seen as having a direct input to, and
therefore influence on, application decisions, lives in the adjoining property, a
property opposite the application site or a property either side.
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December 2014
2
Power to determine applications under Section 106BA of the Town and Country
Planning Act 1990 (as amended), in respect of the modification or discharge of
affordable housing requirements, following consultation with the Ward Members in
which the application site lies.
3
Power to enter into Heritage Partnership Agreements under Section 26A of the
Planning (Listed Building and Conservation Areas) Act 1990 (as amended) where
there are no direct or indirect financial obligations on the Council which have not
been previously agreed by Cabinet.
4
Power to determine applications for a Certificate of Lawfulness of proposed works
under the section 26H of the Planning (Listed Building and Conservation Areas) Act
1990 (as amended).
5
To determine any notifications or application for prior approval in relation to
permitted development proposals submitted in accordance with any Planning or
associated Acts, Regulations or Orders
.
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December 2014
APPENDIX B
General Principles of operation within the delegated scheme
A.
The role of Planning Committee is to determine major or more complex applications
that raise issues of more than immediate local importance. The intention is to allow
councillors to focus on applications needing additional scrutiny where added member
value in balancing conflicting pressures is important. This does not necessarily preclude
consideration by the Committee of more minor applications provided that they raise
issues of more than local importance.
B.
Householder or very minor applications should not normally be presented to a
committee as they generally raise issues of only local impact. It is expected that
members will work through any issues arising from the proposal with the Case Officer
managing that process and with the involvement of applicant or agents as appropriate.
C.
Planning applications should normally only be referred to the Planning Committee
where a matter of fundamental principle or precedent is identified which shall be taken
to involve the interpretation of a matter of policy which could undermine the purpose
and objectives of the Local Plan and where the Local Ward Member can demonstrate
that the proposal would have such a prejudicial impact or effect on the area or District
or its residents as to warrant determination by Planning Committee.
D.
Referral to the Planning Committee should not be used as a means to arbitrate
between competing interest groups or to put off making difficult decisions.
Applications will also not normally be referred to Planning Committee simply to allow
an objector/applicant an opportunity to air their views in a public forum
E.
Referral to Planning Committee should also not be used as a means to change the
outcome of any decision on a planning application.
Process
1
All members are notified by email of individual applications within their wards.
2
Members are encouraged to view the plans on-line via the internet. Members are also
encouraged to contact the Case Officer if there are any queries or if they want to
discuss issues of principle or detail.
3
Officers are encouraged to contact members where they feel that the matter may be
contentious and this should be done as soon in the process as possible.
4
Where an application is required to be referred to a local Ward Member(s) the Ward
Member(s) will be sent a copy of the report.
5
A 5 working day turnaround for responses will be strictly applied.
6
If the Ward Member(s) disagrees with the Officer’s recommendation to grant planning
permission, they should advise the Case Officer in writing clearly stated material
planning issues that give them concern. In seeking to have the application referred to
Planning Committee the Ward Member(s) must demonstrate that the proposal would
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December 2014
have such a prejudicial impact or effect on the area or District or its residents as to
warrant determination by Planning Committee. This should be done as soon in the
process as possible but must be within the 5 working day turnaround.
7
The Case Officer will then send the report to the Chairman of the Planning Committee
with a risk assessment if necessary. Should the Chairman of the Planning Committee
agree with the Case Officer rather than the Ward Member(s) then the Chairman should
seek to notify the Ward Member(s) to explain his reasons prior to making any final
decision as whether the application should be decided under delegated powers and not
referred to the Planning Committee for decision.
8
If in any instances a Ward Member(s) wishes any application to be considered by the
Planning Committee, they should advise the Case Officer in writing with clearly stated
planning issues that give them concern. The Ward Member must also demonstrate that
the proposal would have such a prejudicial impact or effect on the area or District or its
residents as to warrant determination by Planning Committee. This should be done as
soon in the process as possible and in any event must be done within 28 days of first
being notified of the receipt of the planning application.
9
Where the request by a Ward Member for an application to be considered by the
Planning Committee is agreed by the Chairman of the Planning Committee, the reason
given by the Ward Member should be included in the report.
10
If a scheme is capable of minor revision to overcome the members concerns (such as
the addition of a condition or reasonable amendment to the development) the Case
Officer will seek to achieve such revisions with the applicant, provided it can be
achieved within the deadline for decision.
11
Where Members have spoken to the Officers they must exercise care not to go on
public record with their views of a planning application, as this may mean that they are
excluded from the process later on.
12
Parish councils have an enhanced role in the process of determining planning application
under the Council’s adopted scheme of delegation. The process nevertheless allows the
determination of the application to be contrary to the views of parish councils without
the applications being automatically referred to the Planning Committee. Parish councils
will be encouraged to “qualify” their comments and thus the basis on which an objection
is raised can be made clear. Parish council comments are important as they are based
on a wealth and depth of local knowledge, which can benefit the consideration of the
application. Nonetheless the parishes, whilst important parties to the process, are one
of a wide range of consultees and their comments should not be given additional weight
purely because they are made by a parish council. Therefore, simply because a parish
council has raised objections to a development will not in itself be sufficient grounds to
refer a planning application to Planning Committee. The substance of any comments
rather than its source is the more important issue.
13
Where a decision is made that is contrary to the view of the parish council the Case
Officer will write to the parish council and explain the reasons for taking a contrary
view. A copy of the Case Officer’s report may be sufficient in these circumstances.
295
December 2014
APPENDIX C
Material and Non Material Planning Considerations
A.
The planning presumption is that planning permission will always be granted unless
the development would give rise to a material harm to a matter of public planning
interest.
B.
Material considerations must be genuine planning considerations, i.e. they must be
related to the development and use of land in the public interest. They must also
fairly and reasonably relate to the application concerned. The Courts are the arbiters
of what constitutes a material consideration. All the fundamental factors involved in
land-use planning are included, such as:
•
•
•
•
•
•
•
•
•
•
C.
the number,
size,
layout,
siting,
design,
external appearance of buildings
the proposed means of access,
landscaping,
impact on the neighbourhood, and
the availability or lack of infrastructure (provided that there is substantive
evidence to support such a claim) – this does not however apply to
infrastructure that is delivered by statutory utility companies e.g. sewage, water
supply, electricity, gas, telephone etc..
Matters that should not be taken into account include:
•
loss of property value
•
loss of view
•
land and boundary disputes
•
matters covered by leases or covenants
•
the impact of construction work
•
property maintenance issues
•
need for development (save in
certain defined circumstances)
•
the identity or personal characteristics of
the applicant
•
ownership of land or rights of way
•
competition between firms and uses
•
change to previous scheme – each
•
application must be determined on its
own particular merits
•
that the work or change in use may
have been carried out in advance
without planning permission – the
essential test is not that the works
have been carried out but whether
296
•
moral objections to development such as
amusement arcades or betting shops
the weight of public opposition or support
– it is not the number of public
representation made that is relevant but
rather the material planning issues raised
that is important
December 2014
those works in themselves have
•
caused a planning harm to a matter of
public interest
•
personal preferences – applications have to
be determined on the basis as submitted by
the applicant. Changes should only be made
where there are overriding material
planning objections
matters that are dealt with by other legislation, such as the Building Regulations (e.g.
structural safety, fire risks, means of escape in the event of fire etc). - The fact that a
development may conflict with other legislation is not a reason to refuse planning
permission or defer a decision. It is the applicant’s responsibility to ensure compliance
with all relevant legislation
D.
Government statements of planning policy are material considerations that must be
taken into account in deciding planning applications. These statements cannot make
irrelevant any matter that is a material consideration in a particular case. Nevertheless,
where such statements indicate the weight that should be given to relevant
considerations, decision-makers must have proper regard to them.
E.
In those cases where the development plan is not relevant, for example because there
are no relevant policies, the planning application should be determined on its merits in
the light of all the material considerations.
297
December 2014
Guidance as agreed by Hart District Council’s Planning Committee November 2014
APPENDIX D
A Positive Approach to Sustainable Development
When considering development proposals the Council will take a positive approach that
reflects the presumption in favour of sustainable development contained in the National
Planning Policy Framework.
It will always work proactively with applicants jointly to find solutions which mean that
proposals can be approved wherever possible, and to secure development that improves the
economic, social and environmental conditions in the area. This means that any discussions
with applicants and developers at both pre-application and application stage will be positively
framed as both parties work together to find solutions to problems. This does not necessarily
mean however, that development that is unacceptable in principle or which causes harm to an
interest of acknowledged importance, will be allowed.
The Local Plan is the starting point for decision making. Proposals that accord with the Local
Plan will be approved without delay. Development that conflicts with the Local Plan will be
refused unless other material considerations ii indicate otherwise.
Where there are no policies relevant to the application or relevant policies are out of date at
the time of making the decision the Council will seek to grant permission unless material
considerations indicate otherwise – taking into account whether:
1. Any adverse impacts of granting permission would significantly and demonstrably outweigh
the benefits, when assessed against the policies in the Local Plan taken as a whole; or
2. Specific policies in the Local Pan indicate that development should be restricted.
The Council will grant planning permission where we are satisfied that it will achieve a positive
outcome that meets a recognised planning purpose.
Unsatisfactory applications will however, be refused without discussion where:
1. The proposal is unacceptable in principle and there are no clear material considerations
that indicate otherwise; or
2. A completely new design would be needed to overcome objections; or
3. Clear pre-application advice has been given, but the applicant has not followed that advice;
or
4. No pre-application advice has been sought.
298
December 2014
APPENDIX E
Decisions contrary to Officer Recommendations and subsequent Appeals
1.
In determining planning applications, the Planning Committee is entitled to decide the
weight to be attached to the various planning criteria that are relevant to the
application. This may lead to a decision contrary to the recommendation of the
officers.
2.
In these circumstances, it is essential that the reasons for the decision are clear in the
minds of the Committee members. It is often possible for the Committee to be clear
about the reasons for refusal and to set these out in detail when the application is
first considered. Sometimes it may be necessary to defer an application for a further
report to enable detailed reasons to be framed and considered. In terms of decisions
to grant permission contrary to office advice, the Committee may be happy for these
to be left with the Officers or in some cases for subsequent agreement with the
Chairman or Vice-Chairman of the Planning Committee.
3.
Where the Planning Committee wish to refuse an application contrary to an Officer
recommendation the reasons for refusal should be clearly stated and a detailed minute
of the decision should be made.
4.
Where the Planning Committee wish to grant planning permission contrary to an
Officer recommendation a detailed minute of the Committee's reasons will be made.
Committee should indicate whether there are any specific conditions that it wishes
to see imposed.
5.
The drafting of appropriate conditions, including any specifically identified by
Committee, will normally be delegated to the Head of Regulatory Services, unless the
Committee indicate otherwise.
6.
Where Members wish to add extra planning conditions or delete recommended
conditions, a detailed minute of the reasons for the Committee's action should be
made.
7.
In the cases of decisions made contrary to Officer recommendation, the Officer
attending the meeting should first be given the opportunity to explain the implications
of the decision before any final decision is made.
Appeals against decisions contrary to the Officer’s Recommendations
1.
Where an appeal to the Secretary of State is subsequently lodged against a decision
made contrary to the Officer’s recommendation, Planning Officers (and other
Officers as appropriate) will normally act as professional witness to present the
299
December 2014
Council’s case at public inquiries and local hearings unless the Head of Regulatory
Services considers that this would prejudice the outcome 37
2.
In those circumstances the Head of Regulatory Services may ask Members to
conduct the appeal. The Planning Committee will therefore need to be prepared to
identify a Councillor(s) to support the case at a public inquiry or local hearing. This
would normally be the Councillors who proposed and seconded the reasons for
refusal. This is clearly of considerable importance in stressing to a planning inspector
the strength of Members' views and the reasoning behind them. The Head of
Regulatory Services and his team will do all that can be done to help Members
prepare a case.
Officer Reports to Committee
APPENDIX F
The courts and Ombudsman advice have determined officer reports on planning applications
must have regard to the following points:
•
reports should be accurate and cover, amongst other things, the substance of any
objections and the views of those consulted;
•
relevant information should include a clear exposition of the development plan; site or
related history; and any other material considerations;
•
reports should have a written recommendation of action. Oral reporting (except to
update a report) should be avoided and carefully minuted when it does occur;
•
reports should contain technical appraisals which clearly justify a recommendation;
•
if the report’s recommendation is contrary to the provisions of the development plan, the
material considerations which justify the departure must be clearly stated. It is particularly
important to do so, not only as a matter of good practice, but because failure may
constitute maladministration, or give rise to judicial review on the grounds that the decision
was not taken in accordance with the provisions of the development plan and the council’s
statutory duty under s38A of the Planning and Compensation Act 2004.
37
In public inquiries Officers can only give evidence based upon their professional beliefs.
The Royal Town Planning Institute (RTPI) Code of Conduct does not allow its members to
make or subscribe to any statements or reports which are contrary to their own bona fide
professional opinions and they must not knowingly enter into any contract or agreement
which requires them to do so.
300
December 2014
HART DISTRICT COUNCIL
CONSTITUTION
PART 6
MEMBERS’ SCHEME
OF ALLOWANCES
301
April 2017
MEMBERS’ ALLOWANCES SCHEME
Hart District Council, in exercise of the powers conferred by the Local Authorities
(Members’ Allowances) (England) Regulations 2003 (as amended), hereby makes the
following scheme:
1
This scheme may be cited as the Hart District Council Members’ Allowances
Scheme, and shall have effect from1 April 2017.
2
The Scheme shall continue up to and including May 2021 (a period of four years) 38.
3
In this scheme, “Councillor” means an elected Member of Hart District Council.
4
Notwithstanding this scheme no allowance shall be paid at a rate exceeding the
allowance payable under this Scheme of Members’ Allowances for 2021/22 until
otherwise agreed by the Council.
5
Basic Allowance
Subject to paragraphs 7 and 8, for each year a basic allowance shall be paid to each
Councillor as set out in Table 1 39.
6
Special Responsibility Allowance (SRA)
6.1
For each municipal year, a special responsibility allowance shall be paid to those
Councillors who hold the special responsibilities listed in Table 1.
6.2
Subject to paragraphs 7 and 8, the amount of each such allowance shall be that
specified in Table 1.
6.3
No Councillor shall be entitled to receive more than one special responsibility
allowance at any time 40.
6.4
Co-optees Allowance – this allowance applies to Independent Members and the
Parish Representative on the Standards Committee
7
Basic and Specialist Care - Carer’s and Childcare Allowances
7.1
A carer’s and childcare allowance of up to £8.00 per hour is payable to support the
expenses of those Members who may care for dependants, whether children, elderly
persons or people with disabilities, whilst the Member is attending meetings of the
Council, a Committee, or is on Council business which is considered an approved
duty (paragraph 18).
7.2
The allowance is not payable for the employment of a member of the claimant’s
household.
38
Independent Remuneration Panel (February 2016)
Council March 2011
40
Independent Remuneration Panel (November 2006)
39
302
April 2017
7.3
No councillor should be entitled to more than £1,600 per annum for a carer and
childcare allowance 41.
7.4
Payment can only be made on production of a receipt or invoice from the paid carer.
7.5
The Chief Executive has delegated powers to increase both the hourly rate and the
annual cap in special cases involving the care of disabled dependents where these
rates are not adequate to meet the cost of providing care during the member’s
absence 42.
8
Renunciation
A Councillor may, by notice in writing given to the Chief Executive, elect to forego
any part of his or her entitlement to an allowance under this scheme.
9
Part-year entitlements
Where the term of office of a Councillor begins or ends other than at the beginning
or end of a municipal year, entitlement to the basic allowance shall be calculated by
reference to the number of days during the year for which that Member held office.
10
Where entitlement to a special responsibility allowance begins or ends other than
the beginning or end of the municipal year, the allowance shall be calculated by
reference to the number of days during the year for which that Member held a
position of special responsibility.
11
Subsistence (In Authority)
Members are not entitled to claim subsistence 43.
12
Travel (In-Authority)
For in-authority travel to approved duties (set out in section 17 below) , the
appropriate amounts for travel should be reimbursed at the Inland Revenue (HMRC)
allowed rates and any subsistence rates should be in accordance with those of
Officers.
It is important that Members try to arrange meetings, whenever possible, to coincide
with other meetings at the Council Offices.
41
Independent Remuneration Panel (November 2006)
Council March 2011
43
Council March 2011
42
303
April 2017
13
Members carrying other Members to meetings in their vehicles
A Member may claim an additional 5p per mile for taking another Member to the
same approved duty in his/her car. This rate will be increased in line with the
changes to the Inland Revenue rate referred to in section 11 above.
14
Members living outside the District
In respect of a Member living outside the District boundary, mileage expenses will
only be paid from the District boundary to the destination within the District. Any
travel for destinations outside the District will be deemed to begin from the Civic
Offices unless the actual mileage is less.
15
Members using Public Transport
Where Members use public transport to travel to approved duties the cost should be
claimed at standard rates, or cheap day rates whenever possible and receipts must be
provided. However, if there are exceptional circumstances when it is difficult to
utilise public transport at standard rates or otherwise then a Member must obtain
prior agreement from the Council to use other forms of transport, such as taxis.
16
Travel (Out Authority)
When Members travel out of the authority, on approved duties or to attend
conferences or seminars, the costs will either be met by the authority, or reimbursed
at the level of approved costs. Members must seek the most cost-effective method
of travel. Travel warrants are available. Approved costs must be supported by
receipts.
17
Withholding Allowances
No allowance shall be payable in respect of any period during which the Member
concerned is:
17.1
ceases to be a member of the authority; or
17.2
is in any way not entitled to receive the allowance in respect of that period.
18
Approved duties - for the purpose of payment of Travel Expenses and
Childcare/Dependent Carers’ Allowances
The Scheme provides for the payment of an allowance to Members of the authority
for duties undertaken in connection with or relating to those specified in the scheme
and which are within one or more of the following categories:
18.1
The attendance of appointed representative(s) at a meeting of the authority or of any
Committee or Sub-Committee of the authority, or of any other body to which the
authority makes appointments or nominations (Table 2 Outside Bodies), or of any
Committee or Sub-Committee of such a body.
304
April 2017
18.2
The attendance of appointed representative(s) at any other meeting (the holding of
which is authorised by the authority) or a Committee or Sub-Committee of the
authority and one or more local authority within the meaning of section 270 (1) of
the Local Government Act 1972, or a Sub-Committee or such a joint Committee
provided that –
i
where the authority is divided into two or more political groups it is a
meeting to which Members of at least two such groups have been invited, or
ii
if the authority is not so divided, it is a meeting to which at least two
Members of the authority have been invited;
18.3
The attendance at a meeting of Cabinet (including Cabinet Briefings) or a meeting of
any of the Councils’ Committees, Sub-Committees, Panels, Boards or working
groups to which the Member has been appointed.
18.4
The carrying out of any other duty approved by the authority, or duty of a class so
approved, for the purpose of, or in connection with, the discharge of the functions of
the authority or of any of its Committees or Sub-Committee. An indicative list of
duties falling within this clause is attached at Table 3 Approved Duties, below. Whilst
this list is not exhaustive, it indicates those types of duties considered acceptable for
the claim of expenses. In the event that arbitration is required, the final decision
rests with the Joint Chief Executive as Proper Officer in this respect.
18.5
Official Planning site visits by members of the Planning Committee and which are
accompanied by officer(s)
18.6
The official opening of tender documents at the request of Committee Services.
No expenses will be payable against:
18.7
Mileage for journeys carried out within a Councillor’s own ward.
18.8
In connection with the above members should as far as possible follow the guidance
set out below:
18.9
(i)
Meetings to resolve issues and problems relating to a constituent or a
committee, should whenever possible be pre-arranged to coincide with other
meetings (Council or Committee or other) at the Council Offices.
(ii)
All issues and problems that can be resolved by use of the telephone,
correspondence or e-mail should be so resolved.
(iii)
Travel warrants should be obtained for journeys using public transport
wherever possible.
Administration of the Scheme will be as follows:
305
April 2017
(i)
Authorisation of expense claims shall be by the Elections Manager.
(ii)
In the event there are concerns about excessive mileage claims by one or
more Councillors, this will be referred to the Standards Committee to review
and assess.
19
Claims and payments
19.1
Any claim for carer’s/childcare or travel allowance under this scheme shall be made
in writing within three months of the date of the meeting for which entitlement to
the allowance arises.
19.2
Expenses claims shall include, or be accompanied by, a statement by the Councillor
claiming the allowance, that he or she has not made, and will not make, any other
claim in respect of the matter to which his or her claim relates. (This is included in
the standard claim form).
19.3
Payments shall be made:
20
(i)
in respect of the basic allowance and special responsibility allowance, it shall
be paid in instalments which shall be one-twelfth of the amount specified in
this scheme, on the 20th day of each month;
(ii)
in respect of all other expenses claims, payment shall be made on the 20th day
of each month in respect of claims received up to the day 14 days before that
date.
Pensions
Members are not permitted to join the Local Government Pension Scheme 44.
21
IT Allowance
In addition to the scheme an allowance of £250 in each municipal year is available to
all Members for IT hardware, software and consumables payable against receipts for
expenditure incurred. Where an item costing in excess of £250 is purchased,
Members may ‘save’ their allowance in year ‘1’ and spend it in year ‘2’ thus spreading
the expense over two consecutive municipal years.
22
Subsidised 365 Leisure Card
Subsidised rates for the 365 Leisure card shall apply to Members as per the staff
scheme.
44
Council March 2011
306
April 2017
23
Annual review of allowance rates
Index linking for the Basic Allowance and for Special Responsibility Allowances should
be at the same rate as that applied to staff salaries45.
24
Ad Hoc Meetings
Where a Member wishes to attend an ad-hoc meeting or an official event on behalf
of the Council which is not listed in table 2, authorisation for travel/mileage only may
be obtained prior to the event.
25
Where claims cannot be made
Allowances are only payable for the specific duties listed and not for any other
activity, even though it may be linked to Council business. No allowance is payable in
respect of duties in connection with any of the following including:
(i)
(ii)
(iii)
(iv)
Residents’ interest and action groups
Parish Council meetings
Members’ local surgeries
Group meetings
N.B Further details are set out in Table 3 below. Neither list is exhaustive.
45
Council March 2011
307
April 2017
Table 1
Basic and Special Responsibility Allowances
Members Allowances
2015/16 ALLOWANCES
£
BASIC ALLOWANCE
4561
LEADER OF THE COUNCIL
15965
DEPUTY LEADER
7982
CABINET MEMBERS
7184
CHAIRMAN OF THE COUNCIL
3991
CHAIRMAN OF PLANNING
4790
VICE CHAIRMAN OF PLANNING
1595
CHAIRMAN OVERVIEW & SCRUTINY
3193
CHAIRMAN STAFFING
1597
CHAIRMAN LICENSING
1597
CHAIRMAN AUDIT
2395
MAIN OPPOSITION LEADER
2395
OTHER MINORITY LEADERS
100
PER MEMBER OF THE GROUP
CHAIRMAN STANDARDS
1597
CO-OPTED MEMBERS STANDARDS
240
IT ALLOWANCE
250
Approved by Council February 2016 to come into effect April 2017
308
May 2017
Table 2
Outside Bodies for which Members may claim allowances
FOR WHICH MEMBERS MAY CLAIM CARER’S AND CHILDCARE
ALLOWANCE (IF APPLICABLE), TRAVELLING AND SUBSISTENCE
ALLOWANCE.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Basingstoke Canal Joint Management Committee
Blackbushe Airport Consultative Committee
Blackbushe Metals Liaison Panel
Blackwater Valley Advisory Committee for Public Transport
Blackwater Valley Recreation and Countryside Management Committee
Citizens Advice Bureau Hart – Management Committee
Community Safety Partnership
Crookham Almshouse Charity
Farnborough Aerodrome Consultative Committee (FACC)
Fleet Pond Society
Hampshire Partnership
Hampshire Police and Crime Panel
Hart Voluntary Action
Local Government Association (General Assembly Annual Event)
Local Government Authorities Hants & IOW and Senate
Military Covenant Group
North East Hampshire CPRE
North Hampshire Road Safety Council
Project Integra Strategy Board and Scrutiny Committee
Sentinel Housing Association
South East England Councils (SEEC)
Thames Basin Heaths Joint Strategic Partnership
Thames Basing Heaths JSP – Strategic Access Management and Monitoring Project
Board
The Vine Day Centre
This list is updated annually by Cabinet.
309
May 2017
Table 3
Indicative list of approved duties under Clause 18F
‘APPROVED DUTIES’ UNDER CLAUSE 18 F
Whilst this list is not comprehensive, it indicates those types of duties considered
acceptable for the claim of expenses. In the event that arbitration is required, the final
decision rests with the Joint Chief Executive as Proper Officer in this respect.
-
Training – all Members or members of committees invited;
-
Pre-meetings of O&S Committee, Planning, Staffing etc. (By invitation of a senior
officer);
-
Interviews with External Audit / Audit Commission;
-
Liaison meetings with HDC key partner organisations;
-
Member working groups which have been set up by a committee of the Council;
-
Meetings where members have been specifically invited to participate by a senior officer.
Examples of visits to the Council where expenses are not claimable include:
-
Outside Bodies to which the member has not been appointed.
-
Political Group Meetings
-
Officer working groups
-
Residents’ interest and action groups
-
Parish Council meetings
-
Members’ local surgeries
310
May 2017
HART DISTRICT COUNCIL
CONSTITUTION
PART 7
COUNCIL AND OFFICER
MANAGEMENT STRUCTURE
311
Updated Annually
HART DISTRICT COUNCIL STRUCTURE
CABINET
LEADER &
Portfolio 1
Portfolio
2
Portfolio
3
Portfolio
4
Portfolio
6
Portfolio
5
Portfolio
7
Chairman
Planning
Committee
B
B
COUNCIL
B
B
Licensing
Committee
Overview &
Scrutiny
Committee
312
Updated Annually
Staffing
Committee
Audit
Committee
Portfolio
8
MANAGEMENT STRUCTURE
Joint Chief Executives
Patricia Hughes
Daryl Phillips
Planning Policy
(Provided
externally)
Head of
Environmenta
l and
Technical
Services
Head of
Community
Services
Head of
Corporate
Services
Head of
Regulatory
Services
John Elson
Phil Turner
Andrew Vallance
Nick Steevens
Highways,
Parking,
Environmental
Promotion,
Asset
Management,
Waste/Recycling
, Land Drainage,
Emergency
Planning,
Building
Maintenance,
Public
Conveniences.
Street Cleaning,
Bus Shelters,
Grounds
Maintenance,
CCTV
Strategic
Housing,
Housing
associations,
Affordable
Housing, Private
Sector Housing,
Disabled
Facilities Grants,
Allocations,
Community
Safety,
Homelessness,
Gypsies and
Travellers,
Safeguarding,
Supporting
troubled families
Finance (including
S151 role) and
Performance,
Legal, Internal
Audit, Elections
and Registration,
Communications,
Committee
Services, Client
Management (for
a range of
outsourced
services)
Development
Management,
Building
Control,
Environmental
Health,
Business
Support,
Licensing,
Health and
Safety, Pest
Control, Dog
Warden, Land
Charges
313
HART DISTRICT COUNCIL
CONSTITUTION
PART 8
COUNCIL, CABINET AND
COMMITTEE MEMBERSHIP,
AND
ROLE DESCRIPTIONS FOR
SOME APPOINTMENTS
314
MEMBERS OF THE COUNCIL 2017/18
Name
Address
Contact Details
Group
Ward
First
Elected
Retirement
AMBLER
Simon R
39 Du Maurier Close
Church Crookham
Fleet
GU52 0YA
01252 625808
CCH
Crookham West
May 2005
May 2020
AXAM
Chris
5 Bowenhurst
Gardens
Church Crookham
Fleet
GU52 6NB
01252 626341
07971 562141
CCH
Crookham East
May 2007
May 2019
Whiteoaks
57 Hall Lane
Yateley
GU46 6HP
01252 674379
07967 279654
LD
Yateley East
May 2002
May 2018
BILLINGS
Myra
8 Stookes Way
Yateley
GU46 6YY
01252 872715
LD
Yateley West
84-87
May 2002
May 2018
BLEWETT
Brian
13 Cedar Avenue
Blackwater
GU17 0JE
01276 509146
07748 720083
LD
Blackwater &
Hawley
Feb 1989
May 2020
BAILEY
Stuart
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
315
May 2017
BURCHFIELD
Brian
3 Powlingbroke
Hooks
RG27 9TH
01256 767946
07557 961626
BUTLER
Gill
c/o Hart District
Council
Civic Offices
Fleet
GU51 4AE
01252 786108
CLARKE
Tony
2 Hitches Lane
Crookham Village
Fleet
GU51 5SW
01252 627547
07711 140056
COCKARILL
Graham
32 Blaire Park
Yateley
GU46 7QP
07528 779573
COLLETT
Adrian
47 Globe Farm Lane
Darby Green
Blackwater
GU17 0DY
01252 873786
07718 146606
Little Chesters
The Street
Eversley
RG27 0PJ
01189 731567
07754 172177
CRAMPTON
Anne, Dr
C
Hook
May 2011
May 2019
CCH
Crookham East
May 2006
May 2018
CCH
Crookham West
May 2012
May 2019
LD
Yateley East
May 2002
May 2020
LD
Blackwater &
Hawley
1980-92
May 2011
May 2018
C
Hartley Wintney
May 2011
May 2020
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
316
May 2017
CRISP
Gerry
Chairman of the
Council
6 Primrose Walk
Yateley
GU46 6QE
07717 211335
CROOKES
Ken
Archers Post
5 Archery Fields
Odiham
Hook
RG29 1AE
01256 702170
07952 261742
DICKENS
Shawn
Meadowcroft
Chequers Lane
Eversley
RG27 0NY
07752 381188
FORSTER
Steve
Waverley House,
Waverley Avenue
Fleet
GU51 4NN
07712 695461
GORYS
Stephen
21 Forest Dean
Fleet
GU51 2TT
01252 623577
07802 291581
68 Aldershot Road
Fleet
GU51 3FT
07919 440226
GRAY
Alexander
LD
Yateley West
May 2014
May 2020
C
Odiham
May 2005
May 2018
C
Yateley West
May 2015
May 2019
C
Fleet West
May 2014
May 2020
C
Odiham
1994-98
May 2002
May 2019
C
Fleet Central
May 2015
May 2019
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
317
May 2017
HARWARD
Bob
Sunnyside
62 Reading Road
Blackwater
GU17 0BD
01252 873492
KENNETT
John
South Warnborough
Lodge
South Warnborough
RG29 1RQ
01256 862203
KINNELL
Sara
8 Waleron Road
Elvetham Heath
Fleet
GU51 1GD
02152 693509
LEESON
Rob
12 Garden Close
Hook
RG27 9QZ
01256 762578
07798 698956
MAKEPEACEBROWNE
Wendy
Vice-Chairman of
the council
21 Swan Way
Crookham Village
Fleet
GU51 5TU
MORRIS
Mike
22 Oak Tree Drive
Hook
RG27 9RN
LD
Blackwater &
Hawley
May 1998
May 2019
C
Odiham
May 2008
May 2020
CCH
Fleet West
May 2005
May 2019
Ind
Hook
May 2014
May 2018
01252 621657
07876 773473
[email protected]
CCH
Fleet Central
May 2014
May 2020
01256 763313
07774 127096
C
Hook
May 2012
May 2020
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
318
May 2017
NEIGHBOUR
David
41 Foxley Close
Frogmore
Blackwater
GU17 0UT
07540 607028
OLIVER
Alan
14 Leawood Road
Fleet
GU51 5AL
01252 679235
07736 892201
87 Nether Vell-Mead
Church Crookham
Fleet
GU52 0ZG
01252 661375
07880 547501
63a Sandy Lane
Church Crookham
Fleet
GU52 8BX
01252 628751
07720 598204
RADLEY
Jenny
63a Sandy Lane
Church Crookham
Fleet
GU52 8BX
01252 628751
RENSHAW
Andrew
Talbothays Farm
Winchfield
Hook
RG27 8BZ
01252 843566
PARKER
Stephen
RADLEY
James
LD
Yateley East
May 2000
May 2019
CCH
Fleet Central
May 2012
May 2018
C
Fleet East
May 1996
May 2019
CCH
Crookham East
June 2004
May 2020
CCH
Crookham West
June 2004
May 2018
C
Hartley Wintney
May 2015
May 2019
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
319
May 2017
SOUTHERN
Tim
Inglewood
Arrow Lane
Hartley Wintney
Hook
RG27 8LR
01252 843460
WHEALE
Sharyn
Cabot House
29 Chestnut Grove
Fleet
GU51 3LN
01252 616080
WOODS
Richard
34 Whitchurch Road
Elvetham Heath
Fleet
GU51 1ED
01252 627726
WRIGHT
Jonathan
22 Oasthouse Drive
Fleet
GU51 2UL
[email protected]
Membership of Political Groups:
C
Hartley Wintney
May 2010
May 2018
C
Fleet East
May 1990
May 2018
CCH
Fleet West
May 2014
May 2018
C
Fleet East
May 2016
May 2020
[email protected]
[email protected]
[email protected]
33 Councillors, 11 wards, 3 Councillors per ward
Conservative (C)
14
Liberal Democrat (LD)
8
Community Campaign Hart (CCH)
10
Independent
1
320
May 2017
2017/18
Cabinet Members – Roles and Responsibilities
Councillor David Neighbour
Leader of the Council
Finance
Councillor
Simon Ambler
Councillor
Stuart Bailey
Councillor
Graham
Cockarill
Councillor
Adrian Collett
Councillor
Sara Kinnell
Councillor
Alan Oliver
Councillor
James Radley
Deputy Leader
Leisure and
Countryside
Services
Contracts
Services
Leisure
Countryside
services
Environmental
Promotion
IT, Revenues and
Benefits, Contact
Centre, HR
Waste and
recycling
Street cleaning
Corporate
Support
Elections
Flooding and
Highways
Parking
Grounds
maintenance
Emergency
Planning
Portfolio
Partnerships
Working with
Town and Parish
Councils and the
voluntary sector
including HVA
and CAB
Health and
Wellbeing
Housing
Housing
Associations
Affordable and
Private sector
housing
Homelessness
Gypsies &
Travellers
Planning
Planning Policy
Neighbourhood
plans
Regulatory and
Community
Safety
Including
Building &
Development
Control
Environmental
Health
Licensing
Community
Safety
321
May 2017
MEMBERSHIP OF CABINET & COMMITTEES 2017-18
Meeting
Cabinet
Councillors
Neighbour - Leader
Radley (James) - Deputy
Leader
Ambler
Bailey
Cockarill
Collett
Kinnell
Oliver
Portfolio
Finance
Services
Partnerships
Housing
Planning
Regulatory & Community Safety
Leisure & Health and Wellbeing
Contracts
Planning
Committee
Ambler
Blewett
Cockarill (Chairman)
Crisp
Forster
Gorys
Morris
Oliver
Radley (James)
Southern
Wheale
Audit
Committee
Blewett
Burchfield
Crookes
Harward
Makepeace-Browne (Chairman)
Parker
Woods
Licensing
Committee
Blewett
Butler (Chairman)
Collett
Forster
Gorys
Gray
Harward
Morris
Radley (Jenny)
Wheale
Woods
Overview &
Scrutiny
Committee
Axam
Burchfield
Clarke
Crisp
Crookes (Chairman)
Gray
Harward
Leeson
Makepeace-Browne
Morris
Wheale
322
May 2017
Staffing
Committee
Axam
Billings
Burchfield
Butler
Kennett (Chairman)
Neighbour
Parker
Radley JE
Standards
Committee
Mr P Kern (Chairman)
Mr A Clark – Parish Rep
Mr J Keane – Parish Rep
Mr D Argent – Parish Rep
Vacancy
Councillors - Ambler
Crisp
Crookes
Kennett
Radley (Jenny)
Independent Members of the Standards Committee
Vacancy
Mr P Kern
2 Jennys Walk
YATELEY
Hampshire
GU46 6AU
Tel: 01252 872975
e-mail: [email protected]
Parish Representatives on the Standards Committee
Mr Alastair Clark
Pippins
Chatter Alley
Dogmersfield
Hook
Hants RG27 8SR
Tel/Fax: 01252 615498
[email protected]
Mr John Keane
53 Firglen Drive
Yateley
Hampshire
GU46 7TR
Tel: 01252 681356
[email protected]
Mr David Argent
The Close
Dippenhall Street
Crondall
Surrey
GU10 5NY
[email protected]
323
May 2017
ROLE OF THE CHAIRMAN OF THE COUNCIL
The main roles of the Chairman of Hart District Council are to be the civic head of the
District and to chair full Council meetings.
The Chairman will have the following responsibilities:
1.
to uphold and promote the purposes of the Constitution and to interpret the
Constitution when necessary;
2.
to preside over meetings of the Council so that its business can be carried out
efficiently and with regard to the rights of councillors and the interests of the
community;
3.
to ensure that the Council meeting is a forum for the debate of matters of concern
to the local community and the place at which Members who are not part of the
Cabinet are able to hold the Cabinet to account;
4.
to promote public involvement in the Council’s activities;
5.
to attend such civic and ceremonial functions as the Council and he/she determines
appropriate.
The Chairman will have the following main roles:
1.
To undertake civic, ceremonial and community-based functions and to promote the
Council of Hart in the local community, acting at all times in an inclusive and nonpartisan manner.
2.
To promote the interests and reputation of Hart District Council and the District,
both inside and outside the area and to act as an ambassador for both.
3.
To chair meetings of full Council in accordance with the Council's Constitution and
Standing Orders, acting at all times in a fair and impartial manner.
Note: The Chairman cannot be a member of the Cabinet
The Chairman may be a member of any of the Council's standing committees, but
only in his/her capacity as an ordinary member of the Council (ie as part of the
allocation of seats to the appropriate political grouping).
324
ROLE OF LEADER OF THE COUNCIL
The Leader will have the following responsibilities:
1.
To appoint Councillors to serve on the Cabinet.
2.
To allocate areas of responsibilities to those members of the Cabinet
3.
To provide leadership to the Council and the political administration.
4.
To act as principal spokesperson for the Council and the administration.
5.
To assume prime responsibility to the local community for the decisions and the
work of the Cabinet.
6.
To act as a focus for the interface with officers, in particular the chief executive,
management team and the Council's statutory officers.
7.
To lead the development of the Council's strategic and corporate planning process
and to secure the duty of continuous improvement to services and improvements to
the environmental, social and economic well-being of the District.
8.
To take prime responsibility for presenting the Cabinet’s proposals and Forward Plan
to the Council and the community of Hart.
9.
To take overall responsibility for the Cabinet in relation to participating in scrutiny
and performance review of services and to attend such meetings of Overview and
Scrutiny committee as may be required.
10.
To manage and chair meetings of the Cabinet and to provide the political lead in
proposing the policy framework, budget and direction of the Council.
11.
To ensure that the work of the Cabinet and portfolio holders are co-ordinated and
are in accordance with the Council's strategies and plans and that it meets the needs
and aspirations of the community of Hart.
12.
To ensure that working relationships between the Cabinet and Members, officers
and the local community are effective and professional.
13.
To carry out any other matter, as required by the Council.
The Leader of the Council will have the following key roles:
1.
To provide overall political leadership for the Council in relation to the coordination and delivery of Council policies, strategies and services.
2.
To lead the Cabinet in its work to develop the policy framework and budget and to
deliver services to the local community.
325
3.
To lead the process of developing partnerships both inside and outside the District,
with stakeholders, those who live in and/or work in Hart, and other interested
organisations.
4.
To contribute actively to the preparation, monitoring and review of the Council's
policies, budget, strategy and service delivery.
326
ROLE OF DEPUTY LEADER OF THE COUNCIL
The Deputy Leader will have the following responsibilities:
1.
To chair the meetings of Cabinet in the absence of the Leader.
2.
To support the Leader in all aspects of their work, particularly in relation to
providing the political direction on strategic issues.
3.
To provide the political lead, in particular, in corporate initiatives and strategies and
assume specific responsibility in areas, such as the best value process and economic
development.
4.
To ensure that effective communication mechanisms exist with non-executive
councillors and to ensure that the Cabinet takes their views into account.
5.
To provide support to portfolio-holders as and when required and to carry out their
duties on those occasions when they are absent.
327
ROLE OF PORTFOLIO-HOLDER (CABINET MEMBER)
The Cabinet Member has the following key roles:
1.
To assume responsibility for a portfolio of services and functions of the Council
delegated to the Leader.
2.
Through the Cabinet, to contribute to the development and implementation of the
Council's policies, budget, strategies and service delivery and to take the lead as
necessary at Cabinet meetings on items within the portfolio.
3.
Where permitted in the scheme of delegation and the Council's Constitution, to
take decisions on specific issues within the portfolio.
4.
Working within their portfolio, a Cabinet Member will:
- act as spokesperson inside and outside the Council;
- liaise with business unit heads and service managers;
- ensure that he/she has a clear understanding and knowledge of the portfolio;
- ensure that appropriate methods of consultation and communication methods are
in place;
5.
To be accountable to the Scrutiny Committee, the Council and the local community
for the portfolio.
328
ROLE OF OVERVIEW AND SCRUTINY COMMITTEE MEMBERS
The Member will have the following role:
1.
Participate in the work of the Overview and Scrutiny committee, as directed by the
Council's Constitution and the Committee’s terms of reference. The purposes of
the Committee is to:
i)
review and/or scrutinise decisions made or actions taken in connection with
the discharge of any of the Council’s functions;
ii)
make reports and/or recommendations to the full Council and/or the
executive in connection with the discharge of any functions;
iii)
consider any matter affecting the area or its inhabitants;
iv)
exercise the right to “call-in”, for consideration, decisions made but not yet
implemented by the Cabinet;
v)
consider any decisions by the Cabinet or officers or under joint arrangements
which have been called in by three or more councillors pursuant to the
Council’s call-in procedure.
The Committee may, in respect of matters within its terms of reference:
a)
review and scrutinise the decisions made by, and performance of,
the Cabinet and Council officers, both in relation to individual
decisions and over time;
b)
review and scrutinise the performance of the Council in relation
to its policy objectives, performance targets and/or particular
service areas;
c)
question Members of the Cabinet and chief officers about their
decisions and performance, whether generally in comparison with
service plans and targets over a period of time, or in relation to
particular decisions, initiatives or projects;
d)
make recommendations to the Cabinet and/or Council arising
from the outcome of the scrutiny process;
review and scrutinise the performance of other public bodies in
the area and invite reports from them by requesting them to
address the policy review panels and local people about their
activities and performance; and
e)
f)
question and gather evidence from any person (with their
consent).
(See also Part 2, Article 6)
329
ii
Material planning considerations must be genuine planning considerations, i.e. they must be
related to the purpose of planning legislation, which is to regulate the development and use of land
in the public interest. The considerations must also fairly and reasonably relate to the application
concerned. Much will depend on the nature of the application under consideration, the relevant
planning policies and the surrounding circumstances. All the fundamental factors involved in landuse planning constitute a material consideration. This includes such things as the number, size,
layout, siting, design and external appearance of buildings and the proposed means of access,
together with landscaping, impact on the neighbourhood and the availability of infrastructure.
Relevant considerations will vary from circumstance to circumstance and from application to
application.
The Council’s planning policy publications are material considerations and due regard will be paid to
them. Emerging policies, in the form of draft statements and strategies that are in the public
domain, may also be regarded as material considerations, although less weight will be ascribed to
them than to final publications. Supplementary planning guidance may be taken into account as a
material consideration in determining a planning application and the weight accorded to such
guidance will increase if it has been prepared in consultation with the District Council and the
public.
The Council will base its decisions on planning applications on planning grounds alone. It will not
use its planning powers to secure objectives achievable under non-planning legislation, such as the
Building Regulations or the Water Industries Act. The grant of planning permission does not remove
the need for any other consents, nor does it imply that such consents will necessarily be
forthcoming. However, provided a consideration is material in planning terms, it will be taken into
account, notwithstanding the fact that other regulatory machinery may exist.
330