Part 3 - Scheme of Delegation – Who has the power to make decisions
1.
Introduction
1.1.
The Local Government Act 1972 section 101 allows the Council to arrange for a
committee, sub-committee or an officer or another local authority to carry out its
powers and duties. The Act does not allow the Council to authorise a single
Councillor to take decisions. This Part of the Constitution explains the
arrangements that the Council has made.
2.
General provisions applying to all delegations
2.1.
The exercise of any power or duty is subject to compliance with the law, the
provisions of this Constitution, sufficient budgetary provision having been made and
to any decision of the Council.
2.2.
Any reference to a function or matter includes a reference to all statutory powers
about that function or matter whether directly or indirectly and authority to exercise
all such powers.
2.3.
Any reference in the scheme of delegation to an Act of Parliament or statutory
instrument includes a reference to any amendment, modification or statutory reenactment (with or without modification).
2.4.
Any additional duties that are imposed upon the Council by law at any time will be
allocated automatically to a Committee by the Chief Executive. Any additional duties
must be appropriate to the aims and objectives of that Committee. The Chief
Executive will consult with the Leader of the Council prior to making any allocation.
The allocation of any additional duties will be reported to the next meeting of the full
Council.
2.5.
The delegation of authority to deal with any matter does not prevent the Council or
the appropriate committee asking for a report on any decision or action taken by an
officer, or requiring any matter under consideration to be referred to the Council or
to the appropriate committee for a decision.
2.6.
Where a power or duty of the Council has been delegated to a Committee, a Subcommittee, the Chief Executive, a General Manager, other nominated officer or
other body, the delegation includes any action that may be incidental to the exercise
of the power or duty.
2.7.
In any matters where there are legal implications for the Council and/or any of its
Services (including prosecutions), the Solicitor to the Council shall be consulted
before any decisive action is taken.
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Delegation to committees and sub-committees
3.
General provisions applying to delegations to committees and subcommittees
3.1.
Each committee and sub-committee has delegated authority to decide matters
within its remit except for:
(a) authorising changes to the Constitution;
(b) approving of making material changes to the Policy Framework (The full
Council) of this Constitution;
(c) major new policy;
(d) adoption of the arrangements for promoting and maintaining high standards of
behaviour by Councillors and changes to the arrangements;
(e) the revenue budget, the level of local taxation and the borrowing of money;
(f) the approval of the capital programme;
(g) the approval of individual capital schemes;
(h) the appointment or dismissal of the Council’s Head of Paid Service; and
(i) all other matters which by law must be decided by the full Council.
3.2.
In exercising any powers on a matter, a committee, or sub-committee must have
regard to any other committees, sub-committees or officers responsible for that or
related matters.
4.
Specific delegations to committees and sub-committees
4.1.
The Audit & Governance Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Audit & Governance Committee
shall have all the Council’s powers and duties for:
(a) the Council’s governance and control arrangements, including risk
management, agreeing the annual corporate governance statement, and antifraud and anti-corruption arrangements;
(b) reviewing the Council’s risk management arrangements, including risk
management policy, strategy and corporate risk register;
(c) reviewing the effectiveness of internal and external audit;
(d) scrutinising treasury management activities;
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(e) monitoring compliance with the Council’s Financial Procedure Rules and
Contractual Standing Orders;
(f) carrying out community governance reviews; and
(g) performance management.
4.2.
The Emergency Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Emergency Committee has
delegated powers to deal with any matter arising out of a peacetime disaster or
emergency where an urgent decision or support of the Council is required and to
sanction any action or expenditure which may be required.
4.3.
The Housing & Revenues Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Housing and Revenues
Committee shall have all the Council’s powers and duties for hearing appeals
against decisions of the General Manager – Resources not to award discretionary
housing payments; not to grant discretionary relief from business rates; or not to
reduce the amount of council Tax liability under the Council’s council tax reduction
scheme either in a particular case or class of case.
4.4.
The Licensing Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Licensing Committee shall have
all the Council’s powers and duties for:
(a) administering licences under the Licensing Act 2003 and the Gambling Act
2005;
(b) administering licences permissions or consents for pleasure boats and related
matters, hackney carriages and private hire vehicles, sex establishments;
house-to-house collections, food hawkers, skin piercing activities, caravan sites,
park homes, camping sites, slaughterhouses and knackers' yards, animal
boarding establishments, riding establishments, zoos and dangerous wild
animals, slaughtermen, pet shops, dog breeders, scrap metal dealers, and rag
flock upholsterers and premises;
(c) the administration of street trading including the designation of controlled streets
and approving procedures, terms, conditions and fees in respect of street
trading applications in any licence and consent streets; and
(d) the making of recommendations to the Council as a “Licensing Authority” on a
Statement of Licensing Policy or Gambling Policy and any subsequent review.
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4.4.1. The Licensing Sub-Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Licensing Sub-Committee shall
have all the Council’s powers and duties for:
(a) the classification of films to be shown locally which are not classified by the
British Board for Classification;
(b) deciding applications for Premises, Temporary Events, Personal Licences and
associated matters under the Licensing Act 2003, where representations have
been received but which cannot be resolved locally through mediation not
delegated to an officer by statute or otherwise;
(c) deciding applications for Licences and associated matters under the Gambling
Act 2005, where representations have been received but which cannot be
resolved locally through mediation; and
(d) the amendment, suspension or revocation of those licences.
4.4.2. The Licensing (Taxi and Private Hire Vehicle) Sub-Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Licensing (Taxi and Private Hire
Vehicle) Sub-Committee shall have all the Council’s powers and duties for:
(a) all matters about Licensing of Taxi, Hackney Carriage and Private Hire vehicles
and drivers;
(b) setting of pre-licensing standards for Hackney Carriage and Private Hire
Vehicles;
(c) setting of conditions of Hackney Carriage and Private Hire licences; and
(d) the suspension and/or revocation of Vehicle, Operator or Drivers Licences.
4.5.
The Personnel Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees, the Personnel Committee has
delegated powers to deal with Chief Officer appointments, (except for the
appointment and dismissal of the Head of Paid Service) conditions of service and
termination of employment on the grounds of redundancy/early retirement.
4.6.
The Planning Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Planning Committee shall have
the all the Council’s powers and duties for:
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(a) deciding applications under the Town and Country Planning Act 1990 and
related Acts (including applications for Listed Building Consent and dealing with
all other matters about Listed Buildings under the provisions of the Planning
(Listed Building and Conservation Areas) Act 1990);
(b) making of tree preservation orders under section 198 of the Town and Country
Planning Act 1990;
(c) making of directions under Article 4 of the Town and Country Planning (General
Permitted Development) Order 1995;
(d) the enforcement of planning controls.
4.7.
The Standards Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Standards Committee shall
have all the Council’s powers and duties for enforcing the Codes of Conduct of the
Council and the Town and Parish Councils within Purbeck.
The Standards Committee has delegated its functions in connection with the
assessment of complaints and hearings into reports that Councillors have breached
the Code of Conduct or an adopted protocol to the following sub-committees:
4.7.1. The Standards (Assessment) Sub-Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Standards (Assessment) SubCommittee shall have all the Council’s powers and duties for assessing all written
allegations that a Councillor or co-opted member (or former Councillor or co-opted
member) of the Council has failed, or may have failed, to comply with the Council’s
Code of Conduct for Councillors or with an adopted protocol or in the case of a
member of a Parish Council, the Parish Council’s Code of Conduct.
4.7.2. The Standards (Hearing) Sub-Committee
Subject to the general provisions applying to all delegations and those applying to
delegations to committees and sub-committees the Standards (Hearing) SubCommittee shall have all the Council’s powers and duties for hearings to consider
all reports into alleged breaches of the Code of Conduct for Councillors following
investigation by the Monitoring Officer or a person appointed by him and all reports
into alleged breaches of an adopted protocol.
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Delegation to joint committees
5.1.
The Dorset Waste Partnership Joint Committee
The Dorset Waste Partnership Joint Committee (“the DWPJC”) is made up of 2
councillors from each of Dorset County Council, North Dorset District Council, East
Dorset District Council, Christchurch Borough Council Purbeck District Council,
West Dorset District Council and Weymouth and Portland Borough Council (“the
Participating Councils”).
The functions delegated to the DWPJC by the Participating Councils are:
(a) The collection, management, disposal, treatment, or recycling of waste; and
(b) Street cleansing.
5.2.
The Dorset Councils Working Together Joint Committee
The Dorset Councils Working Together Joint Committee is made up of 2 Councillors
from each of Dorset County Council, North Dorset District Council, East Dorset
District Council, Christchurch Borough Council, Purbeck District Council, West
Dorset District Council and Weymouth and Portland Borough Council.
The functions which can be delegated to the DCWTJC are those that are agreed
can be performed more efficiently and effectively by the local authorities in Dorset
working together.
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Advisory, steering and working groups
6.1.
Policy Group
The Policy Group is made up of the Leader of the Council, Deputy Leader and four
other Portfolio Holders appointed by the Leader with responsibility for the particular
areas of the Council’s activities.
The Policy Group makes recommendations to the Council on matters of importance
to the District, the development of Council policy, the Council’s functions, and its
resources.
The Policy Group may appoint Policy Development Panels of between 3 and 7
councillors appointed by agreement between the political group leaders, and
chaired by the Leader of the Council or the relevant Portfolio Holder, to assist the
Policy Group in the development of policy. The scope of the work of each Policy
Development Panel will be set by the Policy Group.
6.2.
Independent Members’ Remuneration Joint Panel
The Independent Members Remuneration Panel makes recommendations to the
Council on the allowances to be paid to councillors and co-opted members of the
Council.
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Delegation to officers
7.
General provisions applying to delegations to officers
7.1.
When exercising delegated powers officers:(a) must comply with the Council’s Financial and other relevant Procedure Rules
and with the law;
(b) may authorise expenditure only which is in accordance with approved estimates
and which does not require an approval which has not been authorised or
received;
(c) shall comply with approved policies, schemes or directions of the Council or of
any Committee and shall not depart from such policies, schemes or directions;
and
(d) shall consult with the appropriate professional or technical officer(s) of the
Council.
7.2.
Where delegation is also given subject to consultation “with the appropriate
Councillors” this means consultation with the appropriate Committee Chairman, and
Portfolio Holders except where specific reference also includes the Chairman and
Vice-Chairman and/or local councillor(s).
7.3.
Delegation to officers does not affect the powers of the Council or any Committee at
any time to decide upon any matter nor any right of appeal which any person
affected by a delegated decision might have.
7.4.
Officers may refer issues on which they have delegated power to the relevant
Committee after consultation with the appropriate Committee Chair. Officers will, in
any event, identify any case within their delegated authority where unusual
circumstances or other reasons suggest the desirability of consideration by
Councillors.
7.5.
Authority to take decisions and other action including the signing of documents
(except where the Council's seal is required) and the requirement to arrange
consultations shall be undertaken on behalf of the Council in the name of the Chief
Executive/General Manager to whom the authority to act is given, but need not
necessarily be personally by them.
7.6.
Any specific delegation to the Chief Executive or any General Manager (including
power to act as the Proper Officer), may be exercised by another Officer (within an
appropriate service area) specifically designated in writing by the Chief Executive or
General Manager to whom the delegation applied initially, in accordance with any
general directions issued and included in such written authorisation.
7.7.
Neither the Chief Finance Officer’s nor the Monitoring Officer’s statutory
responsibilities may be delegated, although they may each appoint a member of
their staff to carry out those functions in their absence.
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7.8.
The authority to serve statutory notices contained in the list of named authorised
officers shall include authority to take all necessary and/or consequential action
arising from the service of the notice including beginning legal or other proceedings
(subject to prior consultation with the Solicitor to the Council) and shall also include
power to serve the notice.
8.
The Chief Executive and the General Managers
8.1.
To manage the day to day working of the Council and the delivery of its services
effectively and efficiently the Chief Executive and General Managers have the
power within their own areas of responsibility:
(a) to take all necessary action for the effective day-to-day management,
administration and supervision of their staff and of the services and premises for
which they are responsible and for the efficient discharge of the professional
responsibilities of their office subject to the provisions of this Scheme of
Delegation;
(b) in respect of their duties and responsibilities to take any action required to
implement a decision of the Council, its Committees or Sub-Committees;
(c) to exercise any delegated authority any officer within their areas of responsibility
other than the duties of the officer authorised to act under Section 151 of the
Local Government Act 1972 and any related legislation, or the duties of the
Monitoring Officer under the Local Government and Housing Act 1989, the
Local Government Act 2000 and any related legislation;
(d) to incur expenditure provided for in approved estimates, subject to reference to
the appropriate committee in respect of any item which is designated or is
identified by regulation or instruction as requiring such reference/approval
before commitment and to the compliance with the Contractual Procedure
Rules and Financial Procedure Rules;
(e) to respond to consultation documents (except for consultations by Government
or other local authorities on planning applications or planning matters
significantly affecting more than one town or parish in the District. Such
consultations are to be referred to the Planning Committee for it to decide how
the Council should respond). In preparing such a response every effort should
be made to consult with the Leader of the Council, and the relevant Committee
Chairman and Portfolio Holder;
(f) to require information under Section 16 of the Local Government
(Miscellaneous Provisions) Act 1976, or Section 171C (“Planning Contravention
Notice”) and Section 330 of the Town and Country Planning Act 1990;
(g) to be responsible for all employment matters relating to Council employees
within their areas of responsibility including but not limited to recruitment and
resourcing, pay, overtime, requests for flexible working, pensions, honoraria
and other terms and conditions of employment of all NJC staff, employee
relations, training and development, organisational development (including
performance appraisal), health and safety (in relation to Council staff and
activities), health and absence management and equal opportunities subject to
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where appropriate the Officer Employment Procedure Rules to consultation with
the Human Resources Manager;
(h) to authorise individual officers to exercise specific statutory powers on behalf of
the Council including granting and revoking specific authorisations under the
Regulation of Investigatory Powers Act 2000 in respect of directed surveillance
activities;
(i) to keep any statutory register including the entry, amendment and cancellation
of entries;
(j) to investigate any offences that may have been committed.
8.2.
In the planned absence of the Chief Executive, a General Manager will be selected
and authorised to act as Chief Executive to exercise any of the powers delegated to
the Chief Executive. The selection will be recorded by the Monitoring Officer and
powers are restored on the Chief Executive’s return.
8.3.
If such absence is unplanned and consequentially a personal delegation is not
possible, then the Monitoring Officer will recommend appropriate interim
arrangements to the Leader of the Council, the Chairman of the Council and Leader
of the Opposition to instigate an Urgent Action. The action is to be notified to all
councillors and reported formally to the next Council Meeting.
9.
The Chief Executive
9.1.
The Chief Executive has the power:
Staffing
matters
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to agree changes to departmental structures within the
overall manpower budget and approved establishment.
in consultation with the appropriate General Manager and
the Human Resources Manager, to oversee the
appointment of staff within the agreed establishment and
dismissal of staff up to, but not including, General Manager
level.
to review and maintain “Officer Employment Procedure
Rules” in respect of Recruitment, Appointment and
Dismissal of Council Staff including General Managers.
to advance staff incrementally within grades having regard
to performance.
to administer the Council’s assisted car purchase.
to refer an employee who is unable to carry out the full
duties of his or her post for health reasons to the Council's
medical adviser, and where the medical adviser indicates
permanent physical or mental ill health, to allow the
employee to retire under the Council's superannuation
scheme.
consultation with Management Team and the Leader of
Council, authority to restore previously funded hours for
posts where requests to reduce hours had been agreed.
to determine requests from former employees for early
payment of preserved pension benefits.
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Financial
matters
Civil
emergency
and risk
management
Democratic
Services
to consider applications for exemption from political
restriction under the Local Government and Housing Act
1989 section 3A.
to be responsible for internal audit arrangements under the
Accounts and Audit (England) Regulations 2011.
to be responsible for the Council’s risk management
arrangements.
to approve ex gratia payments.
to exercise the powers of the Council under Section 138 of
the Local Government Act 1972 (emergencies and
disaster).
to operate the Councillors Allowances Scheme including
the review, monitoring and advertisement of the Scheme.
to fix the charges for the supply of Committee etc
minutes/reports falling outside the Council's normal charge
for supply of such information.
in consultation with the Monitoring Officer to grant
dispensations under Section 33 of the Localism Act 2011.
Land
in consultation with the General Managers to grant
easements in respect of Council land.
in consultation with the General Managers and local
Councillors to authorise the disposal of small areas of land
(eg plots of land for up to 1 dwelling) on terms agreed by
the District Valuer. (Disposal includes a freehold sale as
well as leases up to 20 years and licences).
Urgency
in consultation with the Chairman or Vice-Chairman of the
Council/Committee meeting as appropriate to deal with any
matter within the jurisdiction of the Council/Committee
Meeting and report the decision or action taken to the next
meeting.
.
to exercise all powers which are delegated to any General
Manager except that such powers are only to be exercised
in the absence of the General Manager concerned or in the
event of their (or their staff's) inability to act.
Miscellaneous to take routine operational decisions which might otherwise
be considered by Councillors, provided, as appropriate, the
local Councillor(s) and/or Portfolio Holder(s) have been
consulted and are in agreement with the proposed course
of action.
to administer the Council’s banking arrangements
(including any necessary borrowing within limits approved
by the Council) in accordance with the CIPFA Code of
Practice for Treasury Management in Local Authorities.
.
to administer the Council's Collection Fund, including
consultation with precepting authorities and determination
of the schedule of payments to be made from the fund.
to make the necessary determinations for capitalising
expenditure under the Local Government Act 2003.
to give the Council’s consent to an authorisation under
Section 30 of the Anti-social Behaviour Act 2003 (Group
dispersals).
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9.2
Appointments
The Chief Executive is to be:
(a)
the Council’s Head of the Paid Service.
(b)
the “Chief Finance Officer” for the purposes of section 151 of the Local
Government Act 1972.
(c)
the Electoral Registration Officer and Returning Officer for Parliamentary,
European, County, District and Parish Elections and Referenda and Parish
Polls.
(d)
responsible for the Council’s Publication Scheme for the purposes of the
Freedom of Information Act 2000.
(e)
the responsible person for the purposes of the Regulatory Reform (Fire
Safety) Order 2005.
(f)
“the Proper Officer” for the purposes of:
i.
the Local Government Act 1972 Section 83 (declarations and acceptances
of office); Section 84 (resignations from office); Section 89 (notice of
casual vacancy); Section 115(2) (Receipt of money due from officers);
Section 146(1) (Declarations and certificates with regard to securities);
sections 100B, 100C, 100D and 100F(access to information) section 224
(custody of documents) section 225 (deposit of documents) and Schedule
12 paragraph 4(2) (issuing of Council summons)
ii.
the Local Government (Miscellaneous Provisions) Act 1976 Section 41
(evidence of resolutions and minutes of proceedings)
iii.
the Local Government (Committees and Political Groups) Regulations
1990 Regulations 8, 9, 10, 13 and 14 (political groups)
10.
The Democratic and Electoral Services Manager
A.
The Democratic and Electoral Services Manager has the power:
Councillors
Emergency
planning
B.
to approve Councillors claims for travel and expenses
to maintain a record of Councillors’ training and
development
to maintain and review the Business Continuity Plan
including developing draft policy, Councillor/officer training
and participation in exercises.
Appointments
The Democratic and Electoral Services Manager is to be:
1
the Deputy Monitoring Officer in the absence of the Monitoring Officer.
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2
the Deputy Electoral Registration Officer and Deputy Returning Officer for
Parliamentary, European, County, District and Parish Elections and Referenda
and Parish Polls.
3
the Emergency Planning Liaison Officer.
11.
The Solicitor to the Council
A.
The Solicitor to the Council has the power:
Legal matters
Councillors
B.
to begin, take or defend legal proceedings in any Court,
tribunal or public inquiry (including taking any necessary
step in connection with such proceedings) or make
representations in the name of the Council for any of the
purposes mentioned in Article 13.3 of this Constitution
to represent the Council in County Court proceedings and to
prosecute and defend cases in the Magistrates Court on
behalf of the Council.
to maintain a register of interests of Councillors and coopted members of the Council.
to maintain a register of gifts and hospitality received by
Councillors co-opted members and officers of the Council
Appointments
The Solicitor to the Council is to be
1
the “Monitoring Officer” for the purposes of section 5 of the Local Government
and Housing Act 1989.
2
“the Proper Officer” for the purposes of the Local Government Act 1972 Section
229(5) (certificates in legal proceedings re photocopied documents) Section
234(1) (authentication of documents) and Section 238(evidence of byelaws).
12.
The Legal Manager
A.
The Legal Manager has the power:
Legal matters
to sign documentation for the registration of land and title
deeds
to represent the Council in County Court proceedings and to
prosecute and defend cases in the Magistrates Court on
behalf of the Council.
13.
The General Manager - Resources
A.
The General Manager – Resources has the power:
Financial
Management
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to manage the Council’s Financial Systems and processes,
including Financial Planning; Capital and Revenue
Estimates; Budget Preparation & Monitoring; and Treasury
Management
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National NonDomestic
Rating
Council tax
Insurance
Lease cars
Street naming
B.
to vire income and/or expenditure between budget heads
as is necessary and appropriate in accordance with
CIPFA’s Guidance and Financial Regulations
to approve supplementary estimates in respect of
underspent budgets from the previous year’s revenue
estimates, where the money is to be committed to the
originally approved purpose
to make arrangements for banking services
to certify direct grant claims
to make decisions on borrowing, investment or financial
matters
to collect debts due to the Council and to begin proceedings
and to represent the Council in the County Court under the
small claims procedure to obtain judgment for unpaid debts;
to enforce judgment orders by Attachment of Earning or
Allowances Orders and/or distraint; and prove debts in
insolvency proceedings
to write off any debts up to £1,000 which prove to be
irrecoverable; and write off other debts of a higher value
which prove to be irrecoverable in consultation with the
Chief Executive or relevant General Manager as
appropriate.
to determine applications for discretionary relief from Non
Domestic Rates under the Local Government Finance Act
1988
to review and alter, as necessary, the Rural Settlement List
for Non Domestic Rates purposes
to reduce the amount of council tax liability under section
13A of the Local Government and Finance Act 1992 in
individual cases
to make arrangements for appropriate insurance cover for
the Council’s activities
to approve the addition of temporary lease car drivers to
the Council’s insurance cover, including persons not
employed by the Council
to issue notices and documents and the taking of other
appropriate action, including enforcement, for street
naming and numbering under the Towns Improvement
Clauses Act 1847, and to approve street names for new
highways where there is agreement between the
developer, Post Office and Town or Parish Councils
Appointments
The General Manager – Resources is to be:
1. the Deputy Section 151 Officer;
2. the Corporate Equality Officer.
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14.
Management Accountant
A.
Appointments
The Management Accountant is to be the “Nominated Officer” or “Money
Laundering Reporting Officer” for the purposes of the Money Laundering
Regulations 2007 (insofar as the 2007 Regulations apply).
15.
The Head of Revenues and Benefits
A.
The Head of Revenues and Benefits has the power:
Benefits
administration
National nondomestic rates
(NNDR) and
council tax
Other debts
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to assess and, where necessary, to review entitlement to
Housing and Council Tax Benefits according to the relevant
regulations and to undertake all associated administration,
including the making of all determinations considered
appropriate
to represent the Council in any proceedings before the
Social Security Appeals Tribunal in respect of appeals
against decisions relating to Housing and Council Tax
Benefits
to determine appeals against civil penalties imposed under
The Welfare Reform Act 2012, The Council Tax Reduction
Schemes (Detection of Fraud and Enforcement) (England)
Regulations 2013 and Schedule 3 of the Local Government
Finance Act 1992 when a person has negligently supplied
incorrect information or failed to supply information that
affects the amount of housing benefit or council tax support
or council tax paid, with the power to quash civil penalties in
appropriate cases
to administer the statutory schemes for the collection and
enforcement of council tax and National Non-Domestic
Rates including imposing penalties for breaches of statutory
duties; instructing bailiffs and other collection agents;
beginning proceedings in the Magistrates’ and County
Courts for the recovery of unpaid council tax Community
Charge and NNDR and authorising suitably qualified officers
to represent the Council and to appear in such proceedings
to object to or propose alterations to the Valuation List under
section 44A of the Local Government Finance Act 1988
(including rateable value splits and the council tax banding)
to determine applications for mandatory charitable relief in
respect of the payment of NNDR
to determine applications for the renewal of discretionary
charitable relief in respect of the payment of NNDR unless
there has been a material change in circumstances since
the initial application for relief was granted by the Council.
to begin proceedings and to represent the Council in the
County Court under the small claims procedure to obtain
judgment for unpaid debts; to enforce judgment orders by
Attachment of Earning or Allowances Orders and/or
distraint; and prove debts in insolvency proceedings
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16.
The General Manager - Planning and Community Services
A.
The General Manager – Planning and Community Services has the power:
Listed
Buildings
Trees and
Hedgerows
Transportation
Sustainability
Neighbourhood
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to identify buildings of special architectural or historic
interest and make proposals to include any such buildings in
any listing under the Planning (Listed Buildings and
Conservation Areas) Act 1990
to authorise urgent works to Listed Buildings to be
undertaken under Section 54 of the Planning (Listed
Buildings and Conservation Areas) Act 1990
to authorise the making of Tree Preservation Orders
to deal with objections to a Tree Preservation Order and to
confirm/not confirm Tree Preservation Orders with or without
objections
to take action in respect of breaches or alleged breaches of
Tree Preservation Orders
to determine applications to fell, lop or top trees subject to a
Tree Preservation Order and granting of consent, where
appropriate, in respect of applications to fell, lop or top trees
in Conservation Areas
to submit observations to the Forestry Commission on
felling licence applications referred to this Council for
consultation purposes
to respond to consultations from the Forestry Commission
on forestry grant schemes, dedication schemes and felling
licence applications in cases where it is proposed to raise
no objection, with the following exceptions:
(a) proposals which involve clear felling and the
subsequent use of land for purposes other than
forestry, e.g. conversion to agriculture;
(b) proposals which involve the clear felling of broadleaved
trees and replanting the land with conifers; and
(c) proposals affecting over 5 acres of woodland
to determine whether a hedgerow is 'important' or not within
the meaning of the Hedgerows Regulations and to issue of
either a 'hedgerow retention notice' or 'notice of consent for
removal of a hedgerow'
in consultation with Local Councillors, to submit comments
to the County Council on proposed Traffic Regulation
Orders unless in their judgement an application could
become contentious in which case a report be submitted to
the Planning Committee
in consultation with the General Manager - Resources, the
appropriate Portfolio Holder and Local Councillors to
contribute towards subsidising local bus services threatened
by withdrawal
to support in principle, if appropriate, applications from local
organisations for National Lottery funding
to waive charges for advertisements in the Council's tourist
and countryside publications in appropriate circumstances
to decide requests from town and parish councils to prepare
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Planning
Local land
charges
a neighbourhood plan and to take all necessary steps to
support neighbourhood plans up to and including
examination, involving the local ward member(s) and the
relevant Portfolio Holder.
to keep the register of Local Land Charges under the Local
Land Charges Act 1975 registrations and the issue of an
official search certificate
17.
The General Manager – Planning and Community Services, the Development
Manager and Principal Planning Officers (Development Management and
Building Control)
A.
The General Manager – Planning and Community Services, the Development
Manager; the Principal Planning Officers (Development Management and Building
Control) have the power:
Planning
applications
to decide all applications (including imposing conditions and
reasons for refusal where necessary) for permission to carry
out development or change of use including those
accompanied by or requiring a planning obligation; reserved
matters applications; to modify or discharge planning
obligations for affordable housing for screening and scoping
opinions; for listed building consent; advertisement consent;
to renew extant permissions; prior notification applications;
certificates of lawfulness for existing/proposed use or
development or works; to remove or modify planning
conditions attached to an existing consent; for slurry stores
(except for those on Dorset County Council-owned farms)
and the making of Tree Preservation Orders EXCEPT:
applications:
(a) for operational development or a material change of
use within the settlement boundaries of Swanage,
Upton and Wareham resulting in 5 or more dwellings
(Use Class C3); or for gypsy/traveller sites of 5 or more
pitches or with an area of 0.5ha or more;
(b) for operational development or a material change of
use anywhere else in the District resulting in 2 or more
dwellings (Use Class C3); or for gypsy/traveller sites of
2 or more pitches or with an area of 0.3ha or more;
(c) for operational development or a material change of
use resulting in any commercial development (Use
Classes A1-5 or B1, B2 or B8) exceeding 500m2
outside of Safeguarded Employment Land or Town and
Local Centres as defined in the Local Plan;
(d) for new schools;
(e) for operational development or a material change of
part-3-scheme-of-delegation.docx
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use that would require referral to the Secretary of State
in accordance with the Town and Country Planning
(Consultation) Direction 2009 or any such other
Direction amending or replacing that Direction as
having a significant impact upon the openness of the
Green Belt or development consisting of or including
retail (Use Class A1), leisure (Use Class D2) or office
(Use Class A2) use outside Town and Local Centres
that is not in accordance with the Local Plan;
(f)
for two or more wind turbines;
(g) for solar farms that are proposed to generate 50KW or
more, or with an area of 0.5ha or more;
(h) where the applicant or agent is a councillor or the
spouse or civil partner of a councillor;
(i)
where the applicant or agent is an officer of the Council
or the spouse or civil partner of an officer of the
Council;
(j)
for operational development or a material change of
use where officers intend to decide the application in
conflict with a representation from a parish or town
council, an immediate neighbour or statutory consultee;
and in the professional opinion of the General Manager
Planning and Community Services or the Development
Manager, the representation relates to a material
planning consideration and consideration of the
planning matters is finely balanced;
(k) for operational development or a material change of
use where:
 any councillor has within 28 days of the publication
of the weekly list requested in writing to the
General Manager Planning and Community
Services or the Development Manager that the
Planning Committee consider the application; and
 the General Manager Planning and Community
Services or the Development Manager together
with the Chair and/or the Vice Chair of Planning
Committee have met with the councillor to discuss
the material considerations; and
 the Chair or the Vice Chair (as appropriate) agreed
that the Planning Committee should determine the
planning application;
(l)
for operational development or a material change of
use of land owned by the Council;
(m) for approval of reserved matters relating to design,
part-3-scheme-of-delegation.docx
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access and layout where the Planning Committee
determined the outline application; and
Miscellaneous
(n) for major development as defined in Article 2(1) of the
Town and Country Planning (Development
Management Procedure) Order 2010
to respond to planning consultations from other planning
authorities that do not significantly affect more than one
town or parish in the District
to decline to decide a planning application under the
provisions of Section 70A of the Town and Country Planning
Act 1990
to discharge matters required by planning conditions
to deal with non-material amendments and minor material
amendments to approved planning applications
to remove fly posters (including roadside placards and
posters)
to issue and serve an enforcement notice, a breach of
condition notice, or stop notice or temporary stop notice
where there is a breach of planning control (including the
power to withdraw any enforcement notice) EXCEPT where



any councillor has within 6 working days of the
publication of the weekly list requested in writing to
the General Manager Planning and Community
Services or the Development Manager that the
Planning Committee consider the expediency of the
proposed enforcement action; and
the General Manager Planning and Community
Services or the Development Manager together with
the Chair and/or the Vice Chair of Planning
Committee have met with the councillor to discuss
the expediency of taking the proposed enforcement
action; and
the Chair or the Vice Chair (as appropriate) agreed
that the Planning Committee should consider the
expediency of taking enforcement action.
to approve unopposed revocation order applications
to require proper maintenance of land by serving notice
under section 215(1) of the Town and Country Planning Act
1990
to serve Notices and perform the Council's functions
including authority to enter land and premises and make any
necessary inspections and do any other thing required in
connection with those functions under the Building Act 1984
Clean Neighbourhoods and Environment Act 2005 Housing
and Building Control Act 1984 Planning (Listed Buildings
and Conservation Areas) Act 1990 Public Health Acts or
Town and Country Planning Act 1990
part-3-scheme-of-delegation.docx
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18.
The General Manager – Public Health and Housing Services
A.
The General Manager – Public Health and Housing Services has power:
Public Health
Housing
Licensing
part-3-scheme-of-delegation.docx
to carry out the Council’s environmental services functions
(including the service of notices and the carrying out of
inspections) in connection with public and environmental
health, food safety, drainage, pollution and noise control,
licensing, pest control, dog control, health and safety at
work, caravan and camping, park homes, Sunday trading,
private sector housing, waste collection, recycling and street
cleansing
to delegate any of the powers above to named officers but
only if the General Manager - Public Health and Housing
Services is satisfied that the delegation of powers is
commensurate with the qualification, training, experience
and competence of the individual officer
to waive the charge for rodent treatments on public health
grounds or in other exceptional circumstances
to issue Fixed Penalty Notices under Section 33ZA of the
Environmental Protection Act 1990
to review decisions about homelessness; suitability of
accommodation; and admission to, or remaining on, the
housing register
to respond to requests from Registered Providers for
nominations for social housing
to administer housing development grants to Registered
Providers including the power to approve the use of
preserved right to buy receipts for individual unit requests
up to £20,000 and multiple unit requests up to £10,000 per
property, provided the proposed Scheme(s) meet the
Council’s affordable housing priorities
to operate either directly, or through a partner organisation,
a property leasing scheme on behalf of the Council to
provide accommodation as required to meet the Council’s
statutory housing duties and prevent homelessness
to offer licence agreements to homeless households in
leased accommodation
to exercise all powers and duties under the Protection from
Eviction Act 1977 and the Prevention of Harassment Act
1997
to issue Hackney Carriage and Private Hire licences and
drivers licences where no criminal records have been
revealed on the Criminal Records Bureau or on the DVLA
computer or where such revealed records are in respect of
spent or unspent minor offences (i.e. matters resulting in
absolute or conditional discharge and minor traffic offences).
to approve for public advertisement proposed increases (in
line with inflation) in the taxi fares tariff
to determine applications for licences under the Licensing
Act 2003, EXCEPT those applications which are reserved
for Licensing Sub-Committees
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Estate
Management
part-3-scheme-of-delegation.docx
to take all other necessary action under the Licensing Act
2003, including determination of irrelevant, frivolous,
vexatious, etc representations, making representations
where the Council is a consultee, and mediation between
objectors and applicants, EXCEPT in those cases reserved
for consideration by a Sub-Committee or unless a local
Councillor requests a particular issue to be considered by a
Sub-Committee
to deal with minor variations to Premises and Club Premises
Licenses as prescribed by legislation
to determine applications for “Temporary Events” where
there is no objection from the Chief of Dorset Police
where no valid objections have been received, to issue
licences for boats & boatmen, issue of street collection
permits and house to house collection licences, registration
of small lotteries, granting of permits for the provision of
gaming machines and amusements with prizes, including
power to waive in exceptional and appropriate
circumstances the specified period of notice before an
application can be determined
to approve applications for shows of stage hypnotism from
premises without a premises licence (provided the model
conditions and the insurance requirements are complied
with)
to make Orders under Section 21 of the Town Police
Clauses Act 1847 for the temporary closure of public
highways, where no valid objections have been received
following consultation and/or advertisement
to grant street trading permits and licences where no valid
objections have been received following consultation
to enter into miscellaneous agreements of a minor nature
(not provided for elsewhere) affecting any land or property
to agree rent, service charges, and rent reviews and to give
consent where required in respect of properties leased by or
to the Council
to manage the Council’s public car parks, including where
he considers it appropriate in particular circumstances, on
such terms and conditions as he considers to be appropriate
having regard to the wider interest of local residents and
businesses to permit use of the Council’s car parks or
individual parking spaces for such purposes and on such
terms he considers to be appropriate and to allow
occasional use for whatever purpose of the Council’s car
parks, which does not require closure of the car park, and to
allocate annual permits for parking spaces that would
otherwise be vacant
to agree free parking in the Council’s pay and display car
parks on four days during December each year with the
local Chambers of Trade and Commerce.
to cancel or waive Car Parking Penalty Notices issued by
the Council
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Community
Safety and Anti
Social
Behaviour
Reduction
Procurement
Civil
emergency
B.
to enforce provisions of the Anti-Social Crime and Policing
Act 2014
to give notices and make any necessary orders under Parts
1-10 of the Clean Neighbourhoods and Environment Act
2005
to keep a Register of all Contracts
in the absence of the Chief Executive to exercise the
powers of the Council under Section 138 of the Local
Government Act 1972 (emergencies and disaster)
Appointments
The General Manager – Public Health and Housing Services is appointed to be:
1. The Corporate Property Officer;
2. the "proper officer" for the purposes of:
2.1 the Public Health Act 1936 section 79(1) (Removal of noxious matter);
2.2 the National Assistance Act 1948 section 47(Removal of persons in need
of care and attention);
2.3 the Building Act 1984 sections 61(2) (Inspection of repairs etc to drains),
78(8) (Dangerous buildings) and 93(1) (Authentication of documents); and
2.4 the Housing Act 1985 section 606(1) – (3) (Reports on particular houses
or areas).
19.
The Consultant in Communicable Disease Control, the Consultant In Public
Health and the Director Of Public Health
A
Appointments
The Consultant in Communicable Disease Control, the Consultant in Public Health
and the Director of Public Health, from time to time, officers of the Dorset Primary
Care Trusts/Health Authority Agency are appointed to be the "proper officer" for the
purposes of the Health Protection (Notification) Regulations 2010.
20.
The Housing Manager
A.
The Housing Manager has the power:
Housing
part-3-scheme-of-delegation.docx
to determine applications under Part VI of the Housing Act
1996 (Allocation of Accommodation) and Part VII of the
Housing Act 1996 (Homelessness).
to issue of certificates under the provisions of the Rent
(Agriculture) Act 1976 (provision of alternative
accommodation) and Schedule 15 Part IV of the Rent Act
1977 (certificates as to the provision of suitable alternative
accommodation).
to review decisions about homelessness; suitability of
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accommodation; and admission to, or remaining on, the
housing register.
to sign agreements under the Council’s rent deposit and
rent bond guarantee schemes.
21.
The Licensing Officer
A.
The Licensing Officer has the power:
Licensing
B.
to represent the Council in Magistrates’ Court in respect of
the Licensing Act 2003 and the Gambling Act 2005
entry to premises under section 179 of the Licensing Act
2003 and section 317 of Part 15 of the Gambling Act 2005,
to investigate licensable activities
to deal with minor variations to Premises Licenses and Club
Premises Certificates
to give notices under section 19 of the Criminal Justice and
Police Act 2001 (closure of unlicensed premises)
Appointments
The Licensing Officer is appointed to be the Authorised Person for the purposes of
sections 13(2)(a), 69(2)(a), 108(5) and 135(6) of the Licensing Act 2003, and
section 304 of Part 15 of the Gambling Act 2005.
22.
The Sports Centre Manager
A.
The Sports Centre Manager has the power:
Purbeck Sports
Centre
part-3-scheme-of-delegation.docx
to maintain and manage the Purbeck Sports Centre
(including power to authorise lettings and to set charges for
classes and courses (but not so as to make a loss) etc) and
to determine its opening hours
to reduce/waive charges as part of the promotional activities
of the Centre, subject to an annual promotional monitoring
report being submitted to Audit and Governance Committee
to reduce/waive charges as a remedy for legitimate
complaints from users, subject to the Sports Centre
Manager maintaining a register of any reduced or waived
charges with an indication of the cash value should the
information be required by Members
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