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Constitution

Appendix 5 - Scheme Of Delegations To Officers Including Proper And Authorised Officers And Designated Posts

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Contents

Delegations to:

Proper and Authorised Officers and Designated Posts

Notes on Methodology

1.1 The Local Government Act 2000 and associated Regulations divides local authority functions between those which:

cannot be the responsibility of an Authority’s Executive;
may be the responsibility of an Authority’s Executive; and
are to be the responsibility of an Authority’s Executive.

The Act also provides that a limited number of functions must be discharged by the full Council..

1.2 The functions of the Executive may be discharged by the Executive, an individual Member of the Executive, a Committee or Sub-Committee of the Executive, Officers of the Authority and/or by the Executive of other authorities under Joint Arrangements or by the Full Council.

1.3 Functions of the Council, not being those which have to be discharged by the full Council, may be discharged by Committees, Sub-Committees and Officers of an Authority or by the Executive of another authority or Joint Committees formed with other authorities.

1.4 Delegations allocated to Officers have therefore to be expressed as being ‘Executive Functions’ or ‘Non-Executive Functions’. Some actions required can, however, stem from either ‘Executive’ or ‘Non-Executive’ functions. To prevent unnecessary duplication in delegations in the following schedule a third category of delegation has been listed as ‘Powers Relating to Functions that can be Executive, Non-Executive, or Incidental to either, or Administrative’. These cover a range of activities.

1.5 Those that are either Executive or Non-Executive are powers that cannot be categorised, as say, ‘Executive’ or ‘Non-Executive’ without knowing the nature of the action to which the power relates in any particular case and so have to be described in this way. Some powers are incidental to the discharge of a function, some are purely administrative. All are delegations, however.

1.6 Non-Executive functions are specified in Schedules 1 and 2 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and all consequential Amendment Regulations. Any function that is not therefore specified has been assumed to be an Executive function.

1.76 This Scheme of Delegated Powers was approved as part of the Council’s Constitution at the meeting of the Executive held on the 12^th December 2002 and at the meeting of the Council held on the 20^th February 2003 . Additional delegated powers when added to the Scheme will refer to the appropriate authority.

General Advice and Guidance on the Interpretation of Delegations and the Procedures to be Followed by Officers Exercising Delegated Powers

NB: These Notes form part of the Scheme of Delegations

Recording Of Decisions Taken Under Delegated Powers

2.1 Each Officer exercising delegated powers shall be responsible for recording decisions taken.

2.2 Any Member may request that decisions taken by Officers under delegated powers can be the subject of a report to the Executive, Regulatory Committee (except the Planning Committee) or the Standards Committee.

2.3 Any such consideration by the Executive, Regulatory Committee or the Standards Committee, shall not make invalid any action taken as a result of the exercise of the delegation.

Scrutiny of Key Decisions taken under Delegated Powers

(For Definition see Article 13.03 of The Constitution)

2.4 All ‘key decisions’ determined pursuant to this Scheme of Delegation will be recorded, published and made available for inspection by Members of the Council and the public, subject to the rules of procedure about exempt and confidential information set out in Part 4 of this Constitution.

2.5 Key decisions taken by Officers under delegated powers can be the subject of scrutiny by the Scrutiny Committee, the Standards Committee or the Executive. Key decisions of Officers will follow the same procedure in respect of ‘posting out’ and ‘call in’.

2.6 Any such scrutiny will not make any action taken as a result of the decision invalid. However, the Scrutiny Committee will be able to recommend a different course of action that would then be considered by the Executive.

‘General Advice’

2.7 All delegations in this document are subject to the provisions of the Council’s Procedure Rules, Financial Procedure Rules, Contract Procedure Rules and the delegations contained therein.

2.8 All delegated functions shall be deemed to be exercised on behalf of and in the name of the Council.

2.9 The exercise of a delegated power, duty or function shall be subject to;

(a) the Council’s policy framework and/or budget;

(b) any special procedure and/or protocol;

(d) the requirements of the Council’s Procedure Rules, Financial Procedural Rules,
Contract Procedure Rules, the Constitution and corporate standards.

2.10 Except where otherwise expressly provided either within this scheme of delegation or by resolution of the delegating body, the exercise of any delegated power, duty or function is subject to having the appropriate and necessary budgetary provision in place to take the action in the name of and/or on behalf of the Council.

2.11 In exercising delegated powers, the delegate or other authorised Officer shall:

        (a) take account of the requirements of corporate standards or any special procedures which
        apply and shall take all legal, financial and other professional advice as required for the prudent
        exercise of the powers.

        (b) shall exercise the delegation so as to promote the efficient, effective and economic running
        of that service, directorate and the Council, and in furtherance of the Council’s provisions and
        Best Value;

(c) shall, where and when appropriate, report back to the appropriate delegating body on the
exercise of delegated powers.

2.12 Any reference to any Act of Parliament includes reference to regulations, subordinate and EU legislation upon which either UK legislation is based, or from which powers, duties and functions of the Council are derived and shall be construed as including any re-enactment or re-making of the same, whether or not with amendments.

2.13 The exercise of delegated powers will in all cases be subject to any necessary consents by or on behalf of the Council, the Executive, or other Committee of the Council and to such statutory, ministerial or other consents and guidance as are necessary.

2.14 Where a power or duty is delegated to an Officer and the exercise of that power or duty is contingent upon the opinion of the Council that particular conditions or factual circumstances exist, then the Officer has the power to determine whether or not those circumstances exist or those conditions have been fulfilled in the name of and with the authority of the Council.

2.15 Functions, matters, powers, authorisations, delegations, duties and responsibilities, etc within this Scheme of Delegation, shall be construed in a broad and inclusive fashion and shall include the doing of anything which is calculated to facilitate or is conducive or incidental to the discharge of anything specified.

2.16 Subject to any express instructions to the contrary from the delegating body, any power to approve also includes the power to refuse, and the power to impose appropriate conditions.

2.17 Delegations to Officers are subject to:

(a) the right of the delegating body to decide any matter in a particular case.

(b) any restrictions, conditions or directions of the delegating body.

2.18 If a matter is delegated to an Officer, but that delegation cannot be implemented, the facts should be reported to the delegating body.

2.19 Any reference to a Committee or Sub-Committee shall be deemed to include reference to a successor Committee or Sub-Committee provided that the subject matter of a particular delegation can be found within the terms of reference of both the earlier and the successor Committee or Sub-Committee.

2.20 Before any Officer exercises any delegation he shall be satisfied that he has consulted with any other appropriate Officer or Member of the Council. In cases of urgency rendering it impossible to consult, the Officer shall record that fact and be able to exercise the delegation without such requirement being fulfilled.

2.21 Where the exercise of powers is subject to prior consultation with another Officer, that Officer may give his or her views in general terms in advance to apply to any particular circumstances, to remove the need for consultation for each proposal.

2.22 Before exercising delegated powers, particularly on matters involving the reputation of the Council, Officers should consider the advisability of consulting the Chief Executive or appropriate Service Manager and/or the appropriate Executive Member.

2.23 Before any delegation is exercised on matters of particular significance to a Parish Council area or Borough Ward or Wards, the delegatee should consult, where practical, the relevant Parish Council or Ward Councillor(s).

2.24 Where any delegation requires the Officer to exercise the delegation following consultation with any Member, the decision is vested with the delegatee who shall be responsible and accountable for the decision. The delegatee is required to bring independent judgement to bear on the decision and the decision must not consist of the Officer adding his/her approval to what the Member has decided. If the Member consulted disagrees with the delegatee, the matter should be referred to the Chief Executive if it cannot be resolved by the delegatee's Service Manager.

2.25 Delegations to any Officer are subject to the overriding proviso that the Chief Executive may:-

(a) direct the Officer concerned not to exercise the delegation but to report to the delegating
body for instructions.

        (b) direct the Officer concerned that on any particular matter the delegatee’s Strategic
        Manager himself will exercise a reserve power to take the decision, in which case the person
        exercising the delegation shall take the decision in his own name and the provision in
        procedure note 2.26 will not apply in so far as that note provides hat the Officer exercising the
        delegation does so in the name of the Officer who received the original delegation.

2.26 An Officer to whom a power, duty or function is delegated may authorise another Officer to exercise that power, duty or function, subject to the requirements that follow:

Such authorisations shall be in writing and shall only be given to an Officer over which the Officer with the original delegated power etc has control. Such authorisations should only be given where there is significant administrative convenience in doing so. The Officer authorised by the other should act in the name of the Officer who received the original delegation. No authorisation may be given if the statute or law prohibits it. Authorisations of this kind should not be considered to be the norm but used only in appropriate circumstances and after careful thought. There can be no additional sub-delegation.

2.27 Any mis-categorisation of a delegation as being Executive, non-Executive or anything else shall not invalidate the delegation.

2.28 The compilation of a Register of Delegated Powers is a statutory requirement. The Register is maintained by the Head of Legal and Democratic Services and delegations are added to it as they are made by delegating bodies. Officers should take care to inform themselves of any subsequent changes to the Register before solely relying on this document.

2.29 The Head of Legal and Democratic Services shall have the power to amend this Scheme to reflect reorganisations, changes in job titles and vacancies, where the changes result in the redistribution of existing delegations and not the creation of new ones.

2.30 Any post specifically referred to in this Scheme shall be deemed to include any successor post or a post which includes within the job description, elements relevant to any particular delegation, which were also present in the earlier post and shall include anyone acting up or seconded. Any power contained within this Scheme in anticipation of any reorganisation may be exercised in accordance with the preceding Scheme to the date of that reorganisation.

2.31 Where an Officer has delegated authority to discharge functions by virtue of any other provision of the Constitution or a specific decision of the Council, the Executive, a Committee or Sub-Committee of the Council, whether made before or after the adoption of this Scheme, the absence of that delegation from this Scheme shall not be treated as preventing the exercise of that delegation, provided such delegation has not been superseded or revoked. The facts should be reported to the Head of Legal and Democratic Services forthwith.

2.32 Advice on procedures, and matters to be taken into account in exercising delegations should be sought from the Head of Legal and Democratic Services.

2.33 All matters of interpretation of this document shall be determined by the Head of Legal and Democratic Services.

2.34 All enquiries about this Scheme should be made to the Head of Legal and Democratic Services.

General Delegations

3.1 In the absence of the Chief Executive, the functions of the Chief Executive and the Head of Paid Service will be the responsibility of the Deputy Chief Executive, Head of Service or Service Manager authorised for that purpose by the Chief Executive.

3.2 To deal with all Personnel and Development issues affecting their Departments, Directorates or Service Areas provided such action accords with the Council’s budget, Personnel policies and such decisions do not create an ongoing commitment. So far as Heads of Service are concerned, the Chief Executive or Deputy Chief Executive for that service shall have power to appraise, develop and manage those Heads of Service but not recruit or dismiss.

NB: For the avoidance of doubt the appointment of the Chief Executive, Directors and Heads of Service shall be made by the Appointments Committee and not through this Scheme of Delegation.

3.3 To take any action in respect of lost or uncollected property found on any Council owned or managed buildings or premises under the powers contained in Section 41 of the Local Government (Miscellaneous Provisions) Act 1982.

3.4 To make payments up to a maximum of £2,500 in respect of justified complaints identified through the Council’s complaints procedure subject to details of all such payments being reported to the Standards Committee.

3.5 The Chief Executive, Deputy Chief Executive, and Heads of Service are authorised to respond to any consultation submitted by Central Government Departments and/or others in accordance with the agreed procedure for dealing with such consultations.

3.6 The Chief Executive, Deputy Chief Executive, and Heads of Service jointly, to appoint ‘Officer Working Groups’ to undertake Best Value Reviews in accordance with the provisions of any Order, for the time being having effect under Section 5 (Best Value Reviews) of the Local Government Act 1999.

3.7 The Chief Executive, Deputy Chief Executive, and Heads of Service are authorised to serve notices to obtain information as to interests in land pursuant to Section 330 of the Town and Country Planning Act 1990.

3.8 The Chief Executive, Deputy Chief Executive and Heads of Service are authorised to obtain particulars of persons interested in land under Section 16 of the Local Government (Miscellaneous Provisions) Act 1996.

3.9 For the purposes of the Council’s Covert Surveillance Policy (Regulation of Investigatory Powers) (RIPA) Act 2000, the Head of Environmental Services, Development Control Manager/Strategic Sites and Design Manger and the Revenues and Benefits Manager, together with all more senior staff, ranks and positions employed by the Authority be authorised for the purpose of surveillance and covert intelligence gathering where considered appropriate for the effective discharge of investigatory duties vested in the Council, to authorise named staff to perform such duties. All such authorisations to be in accordance with the current RIPA Toolkit and/or Guidance Notes.

3.10 In respect of services where charges apply or may apply in circumstances where services are obliged through regulations to achieve cost recovery or where other market led factors influence the service and its charging structure, the relevant Head of Service has the discretion to determine appropriate service fees and charges after consulting with the Finance Manage and the relevant Portfolio Holder.

3.11 Heads of Service have power in relation to land operated by their Service (in the case of non-operational land by the Head of Customers, Homes and Property) to:

(i) enter into Planning Obligations under Section 106 of the Town and Country Planning Act 1990 where the Council is a person interested in land. (Minute No. 306/12/10 refers)

Chief Executive

Executive Function

4.1 To make decisions required to expedite the procurement of the regeneration and refurbishment works on the Stanhope Estate.

4.2 To declare that land is no longer required for the purpose for which it is held and to appropriate it for another purpose, save that if an objection is made to the advertisement of Notice of Intention to appropriate land and not withdrawn, the delegation shall not operate and the Executive shall consider the objections and decide whether or not to make the declaration.

Non-Executive Functions

4.3 To prepare:-

(a) a statement specifying the duties associated with any proposed appointment to a Deputy Chief Executive

post (other than Chief Executive) including any qualifications or qualities sought from the successful appointee.

(b) any shortlist of suitably qualified applicants for any Deputy Chief Executive post (other than Chief

Executive).

NB: Subject to the provisions of the Constitution in all cases.

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

4.4 (a) To give the Council’s consent after consultation with the Portfolio Holder for Community and

Communications, to authorising dispersal powers in public places (as defined in Section 36 of the Anti-Social

Behaviour Act 2003) in any part of the Borough where such group dispersal powers are proposed by the

Police to apply in accordance with the powers conferred by Sections 30 – 36 of Part IV of the Anti-Social

Behaviour Act 2003.

        (b)  Such consent only be given by the Chief Executive if he is satisfied, following discussions with the Police
        and the Ward Member(s) for the affected area, that there is evidence of harassment, intimidation, alarm or
        distress being caused by a group of persons that is a significant problem in that area; that the Police have

sufficiently consulted the public to ascertain the views of people in that area and that it is appropriate for such

consent to be given in the light of the result of those consultations and the criteria set out in the Dispersal
Area Protocol. (Minute No. 608/4/06 refers).

4.5 In consultatation with the Leader or Deputy Leader to refer matters to either a Participative Group or to the Policy Advisory Group. Such commissioning to be noted at the next meeting of the Executive.

4.6 Following consultations with the Head of Personnel and Development to approve staff termination costs (redundancy payments and payments in lieu of notice and other compensation) associated with reductions in staffing, which are supported by the Joint Consultative Committee and the relevant Portfolio Holder. NOTE: This delegation does not cover the approval of pension fund compensation costs relating to any early retirement cases on the grounds of redundancy or efficiency as these must be approved by the full Council. Information relating to the use of this delegation must be included in the Budget Monitoring Reports to the Executive. (Minute No. 378(xiii)/2/11).

Civil Emergencies and/or Urgent Matters

4.7 To decide whether any Executive or Non-Executive function, question or matter within the powers or duties of the Executive, the Council or any Committee or Sub-Committee is urgent and:-

(a) a decision must be made before the next scheduled meeting of the Executive, Council or of
the appropriate Committee or Sub-Committee; or

        (b)       a recommendation to the Executive, Council or within the terms of reference of a
        Committee or Sub-Committee should be implemented prior to the next scheduled meeting of
        the Executive, Council, Committee or Sub-Committee by which it could be approved;

        and, in either case, if the Chief Executive is satisfied that it is not expedient, practicable or
        necessary in the circumstances to convene a special meeting of the Executive, the Council or
        the Committee or Sub-Committee in question then:-

        The Chief Executive shall have the power (or may designate the Deputy Chief Executive or
        other Officer who will then have power) to determine the question or matter or to implement
        the recommendation (as the case may be) in the name of and without further reference
        to the Executive, Council or the appropriate Committee or Sub-Committee.

        The Exercise by the Chief Executive, Deputy Chief Executive or other Officers authorised
        by the Chief Executive of any powers under this Civil Emergencies and/or Other Urgent
        Matters’ delegation shall be subject to the following conditions:-

(1) that the determination of the question or other matter or implementation of the
recommendation is capable of determination under law in this manner;

        (2) the Chief Executive, Deputy Chief Executive or other Officer, before making a decision,
        shall where practical, consult with the Leader of the Council or the Chairman of the appropriate
        Committee in relation to a Non-Executive function;

        (3) the Chief Executive, Deputy Chief Executive or other Officer before making a decision
        shall consult with the Head of Legal and Democratic Services and Deputy Chief Executive
        or their nominated deputies;

        (4) a record of all decisions made or recommendations implemented, together with
        the consultations referred to in (b) and (c) above shall be made by the Chief Executive, Deputy
        Chief Executive or other Officer; authorised by the Chief Executive; and

(5) any decisions made or recommendations implemented under this provision shall:-

(i) if a key decision, be subject to the procedure as specified in the General Advice and
Guidance Note to this Scheme of Delegations; or

(ii) be reported to the next scheduled meeting of the Executive, Council, Committee or Sub-
Committee which would otherwise have dealt with the question or matter.

        In the event of the Chief Executive being absent or unavailable to exercise the above
        delegation, the Deputy Chief Executive may exercise the powers of the Chief Executive
        in relation to this delegation.

Deputy Chief Executive

Executive Functions

5.1 To exercise appropriate delegations as necessary within the Council’s Financial Procedure Rules, the Budgetary and Policy Framework Procedure Rules, and the Council’s Treasury Management Policy.

5.2 To undertake accounting and other associated work on a chargeable basis where appropriate, for other public bodies as defined in the Local Authority (Goods and Services) Act 1970 or pursuant to arrangements under the Local Government Act 1972.

5.3 Any applications considered worthy of remission or relief, but which do not accord with the above guidelines, shall be submitted to the Executive for determination.

5.4 To use such method of financing for the Council's future capital programme as he considers appropriate.

5.5 Subject to prior agreement in principle by the Executive and/or the Council to determine appropriate arrangements for any loan to a third party.

Non-Executive Functions

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

Head of Legal and Democratic Services

Executive Functions

6.1 To take proceedings to obtain orders or injunctions under Section 222 of the Local Government Act 1972 or the Crime and Disorder Act 1998 or any other legislation which empowers the Council to seek such orders in the interests of the inhabitants of the area or where otherwise expedient to do so.

6.2 To take all necessary steps to ensure compliance with the provisions of the Housing Act 1985 and in particular to serve any notices in connection with the exercise of tenants' rights to purchase.

6.3 To exercise the Council's discretion under Section 180 of the Housing Act 1985 to accept statutory declarations from tenants claiming qualifying periods as public sector tenants other than with the Council provided that the affidavit is supported by corroborative evidence.

6.4 To sell at market value any small plot of land adjoining a Council dwelling which has been or is being purchased by the tenant subject to the proviso that in the event of objection being received from consultees on any individual request it be referred to the Executive for determination.

6.5 To grant a waiver to any commercial lending institution of the Council's right to recover grant monies where monies have been paid for an improvement, intermediate repair or special grant contemporaneously with the grant of a mortgage by that institution.

6.6 To determine any application for postponement of the Council's statutory charge for the repayment of discount on the sale of a Council house.

6.7 To determine any application for postponement of the Council’s Second Charge under the Tenants Cash Incentive Scheme.

6.8 To determine all applications to waive the Council's right to recover discount with the presumption against waiver. Any cases where the Head of Legal and Democratic Services is minded to agree a waiver to be reported to the Executive for decision.

6.9 To decide whether or not to enter agreements under the Public Health Acts and Open Spaces Acts and thereafter enter such agreements.

6.10 To decide whether or not to enter agreements under the Public Health Acts and Open Spaces Acts and thereafter enter such agreements.

6.11 To allow non-commercial organisations to display the Coat of Arms of the Borough upon such terms and conditions as he considers appropriate.

Non-Executive Functions

6.12 To:

(a) Issue and serve an Enforcement Notice pursuant to the powers contained in Section 172 of
the Town and Country Planning Act 1990.

(b) Issue and serve a Stop Notice pursuant to the powers contained in Section 183 of the Town
and Country Planning Act 1990.

(c) Issue and serve a Listed Building Enforcement Notice pursuant to the powers contained in
Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(d) Issue and Serve a Building Preservation Notice pursuant to the powers contained in Section
3 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

        (e) Issue proceedings for injunctions under any powers contained in the Town and Country
        Planning Act 1990 (as amended) including in respect of actual or apprehended breaches of
        planning control, listed building control, hazardous substances control or relating to trees.

(f) Make and serve an Article 4 Direction pursuant to the powers contained in the Town and
Country Planning (General Permitted Development) Order 1995.

        (g) Serve Hedgerow Retention Notices in response to the service upon the Council of a
        Hedgerow Removal Notice and in circumstances where a hedgerow is removed in
        contravention of the Hedgerow Regulations 1997 to serve, on the request of the Development
        Control Manager/Strategic Sites and Design Manager a Hedgerow Replanting Notice.

6.13 To act on Trust Management matters on behalf of the Trustees (Ashford Borough Council Members) of the Dr Wilks Memorial Hall Trust and in connection therewith to:

(a) act as Clerk to the Trustees.

(b) to submit via the Information Digest each year the proposed Annual Return to the Charity Commissioners showing the

financial position for the immediate past year.

(c) to approve the use of balances upon the account of the Dr Wilks Memorial Hall Trust, such balances to be used for the

landlord obligations associated with the lease of those premises to the Ashford Museum Society.

6.14 In the year of ordinary elections to the Borough Council to give effect to the wishes of Group Leaders as to the appointment of Members to serve on the Selection and Constitutional Review Committee to be held prior to the Annual Meeting of the Council.

6.15 To adjust sums payable to the Leaders of Groups upon the Council dependent upon the number of Councillors in each Group.

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

6.16 To institute, conduct, defend or settle any criminal proceedings in respect of any offence which is being or has been committed under any provision of any statute, statutory instrument, byelaw or Regulation made thereunder which the Council has a power, function, duty or discretion to enforce subject in major cases to a cost estimate being prepared and reported to the Executive or other Committee of the Council.

6.17 To institute, conduct, defend or settle any civil proceedings including arbitrations and tribunals subject in the case of major Planning Inquiries to a cost estimate being prepared and reported to the Executive or other appropriate Committee and/or to Management Team as necessary and in cases involving the institution or settlement of any High Court proceedings to a report being made as soon as possible to the Executive of other appropriate Committee of the Council.

6.18 To defend any criminal proceedings brought against the Council, or any Officer where that Officer is or was acting in the course of his employment by the Council.

6.19 To seek Counsel's opinion and to instruct Counsel (or any other expert) in connection with any matter where in his/her opinion it is expedient to do so.

6.20 To take all necessary steps to prepare and present the case for the Council before any Court, Inquiry, Tribunal or other forum, such action to include where necessary the retainer of any witness or prospective witness not on the staff of the Council.

6.21 The following Officers be authorised to sign or where appropriate to seal in conjunction with the Mayor and Deputy Mayor of the Council (or in their absence the Leader of the Council or the Deputy Leader of the Council) any document required to implement or give effect to any decision taken by or in the name of the Council:-

Chief Executive

Deputy Chief Executive

Head of Legal and Democratic Services or another practising solicitor employed as such.

        In the event that both The Mayor and Deputy Mayor of the Council are not available then the
        Leader of the Council shall be authorised to sign or seal documents as appropriate in
        accordance with the above.

6.22 To authorise at his discretion any unadmitted Member of staff to appear in the County Court in accordance with Section 60 of the County Courts Act 1984 and the Magistrates Court in accordance with Section 223 of the Local Government Act 1972.

6.23 To serve any notice or do any other thing pursuant to the functions of the Council whether or not the same shall have been delegated to the Chief Executive, Deputy Chief Executive, Service Manager or Head of Service where such action has been previously approved by the Council or any of the above Officers acting pursuant to their delegated powers.

6.24 To accept service of all notices/proceedings on the Council where he considers it appropriate.

6.25 To approve settlement of any small claim not exceeding £2,500 (exclusive of all fees) arising from the exercise of statutory powers by the Council (e.g. removal expenses of occupiers of compulsorily acquired property).

6.26 To serve any notice upon the owner and occupier of land whenever entry is required for the purpose of exercising statutory powers and functions and entry is authorised by him or the Chief Executive, Deputy Chief Executive, or Head of Service acting pursuant to their delegated powers.

6.27 To give a reward for information leading to the conviction of any person for criminal damage to Council property or property for which the Council is responsible under joint arrangements.

6.28 To decide whether any report to the Council or any Committee or Sub-Committee is not to be disclosed and to arrange for it to be marked ‘Not for Publication by virtue of the relevant paragraph of Part 1 of Schedule 12A of the Local Government Act 1972’, or when Confidential Information in breach of the obligation of confidence within the meaning of Section 100A(2) would be disclosed.

6.29 To take all such action and to direct other staff to take such action to ensure full compliance with the Local Government (Access to Information) Act 1985, The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and The Local Authorities (Access to Meetings and Documents) (Period of Notice) (England) Order 2002 and the Local Government (Access to Information) Variation Order 2006.

6.30 To maintain the deposited list of politically restricted posts in accordance with Section 2 of the Local Government and Housing Act 1989 after consultation with the Chief Executive and to issue certificates for the purposes of Sections 2 and 3 of the Local Government and Housing Act 1989.

6.31 In connection with seminars or presentations to the Executive, or other Committees or Sub-Committees of the Council, or, dependent upon the subject matter and purpose of the seminar or presentation at an informal meeting, to determine whether all Members of the Council are to be invited to attend.

6.32 To approve, in consultation with the Chairman and Vice-Chairman of the Members Training Panel, requests for training courses which exceed £100. (Minute No. 264/11/03 refers).

Delegations as Monitoring Officer

6.33 The taking of any steps reasonably necessary in the opinion of the Monitoring Officer in order to give effect to the adopted procedure for Local Determinations / Local Investigations of complaints of Members misconduct, including, but not limited to the conduct and reporting of the pre-hearing process, and authority to determine the allocation of individual matters to individual Sub-Committees.

6.34 To reject petitions submitted under the Council’s Petition Scheme which are considered vexatious, abusive or otherwise inappropriate.

Head of Personnel and Development

Executive Functions

NIL

Non-Executive Functions

7.1 To grant leave of absence for duties covered by the appropriate Employment Protection legislation where in his opinion it is feasible to do so. Employees elected or nominated to serve as Members of the bodies referred to in the legislation, to be granted a maximum of 9 days per annum (66.6 hours) paid leave of absence in connection with such duties as are defined in the Act.

7.2 To enter into interim/temporary local agreements with the Trade Union/Workforce to cover pay, conditions of service, bonus schemes and working practices, subject to a report being submitted to the next meeting of the Executive, which will make a recommendation to the Council.

7.3 To approve:-

(i) car loans in accordance with the terms of the Council's Car Loan Scheme.

(ii) essential car user allowances.

(iii) the allocation of lease cars or contract hire cars to employees in accordance with the
Council's agreed policy.

7.4 To waive the demand for repayments of relocation, training expenses and penalty clauses for lease/contract hire vehicles in situations where potential redundancies or ill-health/compulsory retirement situations have been identified.

7.5 To agree contract hire terms with additional contract hire companies in respect of cars for staff as circumstances require, in order to maintain the effectiveness of the scheme.

7.6 To agree contract terms with contract hire companies for the provision of second user vehicles.

7.7 To require any employee to keep a vehicle for an additional fourth year if there are financial benefits to the Council.

7.8 In exceptional circumstances only to authorise a car purchase loan within the terms of the scheme to a non-essential user.

7.9 To approve the provision of Council housing to newly appointed staff.

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

Overall responsibility for these functions rests with the Deputy Chief Executive (Council’s statutory Chief Financial Officer); however for operational purposes these functions can be exercised by either the Finance Manager or Revenues and Benefits Manager

Finance Manager

Executive Functions

8.1 To exercise appropriate delegations as contained within the Council’s Financial Procedure Rules and the Council’s Treasury Management Policy.

8.2 To accept any loan to the Council upon such terms and rates of interest as are considered appropriate.

8.3 To negotiate the issue of negotiable bonds and to take any other steps which may be necessary in connection with any such issue.

8.4 To execute any form of indemnity worded in accordance with the requirements of the Committee of London Clearing Bankers, the Committee of Scottish Clearing Bankers and the Irish Banks Standing Committee and addressed to:

(a) the Bank of England, the London Clearing Banks, the Scottish Clearing Banks and the Irish
Banks, as listed in the indemnity.

(b) all other Banks to whom sorting code numbers have been allocated and whose customer
accounts may receive direct debits.

8.5 To negotiate the issue of Bonds up to the maximum amount approved by Central Government and to take any other steps which may be necessary in connection with the issue and in particular:-

(a) to incur expenditure on fees and expenses payable to the brokers acting for the Council and
to the bankers acting as such and as registrar.

(b) to give such administrative instructions to the bankers about the proceeds of the issue as
considered necessary.

permission for the Bonds to be dealt with.

8.6 In accordance, where appropriate with Council policy, to decide, waive the priority, determine any application, transfer any mortgage, serve relevant notices, vary and/or sign any certificate, discharge the functions and duties imposed on the Council, under any statute or regulation in respect of the following:-

        (a) To decide where a previous tenant requests the Council to re-purchase, with a presumption
        against re-purchase in Housing Act 1985 (as amended by Housing Act 1988) cases, (any cases
        where special circumstances exist to be brought before the Executive for decision).

(b) To waive the priority relating to the repayment of discount on a sale of a sold Council house

or flat.

(c) To determine applications for an advance under the Housing Acts for the purchase,
improvement, conversion or repair of a dwelling.

(d) Transfer of any mortgage or to lease mortgaged property or to sell off part of mortgaged

property.

(e) Vary interest rate on loans made for the purchase and improvement of dwellings where so
directed by the Secretary of State.

(f) To sign any certificate or application relating to Housing Association Grant submitted by or on
behalf of the Council.

8.7 To grant an interest free loan to any existing tenant of the Ellingham Industrial Estate provided he/she is satisfied that a new job is or new jobs are likely to result.

Revenues and Benefits Manager

8.8 To determine applications under Section 49 of the Local Government Finance Act 1988 for a reduction or remission of rates in accordance with the guidelines set out below:

(In consultation with Finance Manager.)

(a) the applicant to provide accounts for the previous three years and the application to be
judged in the light of the financial circumstances of the business and other guidelines set out in

(b) to (e) below:-

(b) a presumption against remission for new undertaking.

organisations.

(d) a presumption against remission if the claim originates from actions which are within the
control of the company.

(e) a presumption against remission if the action is not in the interests of local community

chargepayers.

8.9 To take all necessary action for the recovery of outstanding rates.

8.10 To make objections to proposals for alterations in the Valuation List and submit appeals to the Local Valuation Court.

8.11 To agree amendments to the Valuation List made pursuant to the General Rate Act 1967.

8.12 To validate any application submitted pursuant to the General Rate Act 1967 and when appropriate to enter into correspondence with the Valuation Officer regarding the apportionment of rateable values.

8.13 To serve any Notices pursuant to the General Rate Act 1967 upon any tenant or lodger so as to require the payment of rent direct to the rating authority until any rates outstanding from an owner are discharged.

8.14 The following Officers be authorised to take legal proceedings for recovery of rates pursuant to the provisions of Sections 96-107 of the General Rate Act 1967:

Post	Officer
Revenues and Benefits Manager	Peter Purcell
Support Manager	Peter Budden
Senior Recovery Officer	Nicola Stevens
Recovery Officer	Julie Hayward
Recovery Officer	Julie Webb

8.15 To grant rate relief pursuant to the General Rate Act 1967 in accordance with the Council’s policy.

8.16 To administer the system of personal, standard and collective community charges established by the Local Government Finance Act 1988 and any Orders or Regulations made there under and in connection therewith to exercise the powers, duties and functions of the Council:-

(a) to authenticate, sign and/or serve any document, form, notice, bill or statement.

(b) to take any action or institute any proceedings or process for the recovery of any sum due
from any person (including any sum due as a penalty).

(d) to deal with any appeals at the Valuation and Community Charge Tribunal and to do any other

thing required in order to exercise the powers, duties and functions referred to above.

8.17 The following Officers be authorised to prosecute or appear in any recovery proceedings in the Magistrates Court for non payment of the National and Non-Domestic Rate and Community Charge pursuant to Section 223 of the Local Government Act 1972:-

Post	Officer
Revenues and Benefits Manager	Peter Purcell
Support Manager	Peter Budden
Senior Recovery Officer	Nicola Stevens
Recovery Officer	Julie Hayward
Recovery Officer	Julie Webb

8.18 To administer the system of Council Tax established by the Local Government Finance Act 1992 and any Orders or Regulations made there under and in connection therewith to exercise the powers, duties and functions of the Council:-

(a) to maintain the Valuation List.

(b) to exercise any discretion exercisable by the Council either generally or in respect of

applications for relief under Sections 43, 45 and 47 of the Local Government Finance Act 1988.

(d) to impose any penalty upon any person.

(e) to take any action or institute any proceedings or process for the recovery of any sum due
from any person (including any sum due as a penalty).

(f) to require information from any person or to supply information to any person.

(g) to approve the grant of Council Tax Benefits in compliance with any relevant statutory

provision.

(h) to deal with any appeals at the Valuation Tribunal and to do any other thing required in order

to exercise powers, duties and functions referred to above.

(i) to estimate the balance on the Collection Fund each year in accordance with the prescribed
rules, and notify the major precepting authority as required.

8.19 The following Officers be authorised to prosecute or appear in any recovery proceedings in the Magistrates Court for non payment of the National and Non-Domestic Rate and Council Tax pursuant to Section 223 of the Local Government Act 1972:-

Post	Officer
Revenues and Benefits Manager	Peter Purcell
Support Manager	Peter Budden
Senior Recovery Officer	Nicola Stevens
Recovery Officer	Julie Hayward
Recovery Officer	Julie Webb

8.20 To determine the rural areas to comprise ‘settlements’, publicise details pursuant to the Local Government and Rating Act 1997 and to prepare definitions of their boundaries and illustrate on maps to be made available for public inspection.

8.21 To determine any application for Housing Benefit and Allowances in accordance with the provisions of the Social Security (Consequential Provisions) Act 1992 and to exercise all other administrative discretions arising under that Act.

8.22 In connection with the recovery of Housing and Council Tax Benefits Overpayments valued less than £500 in cases suspected to be as a result of fraud to pursue prosecution when in his opinion it would be right to do so in order to address persistent offenders responsible for frauds involving relatively small amounts, or in recognition that the Police might seek to include a small Benefit fraud within the catalogue of other crimes they propose to charge a suspect with.

8.23 In those cases where he is satisfied that the volume of cases referred for prosecution would at any time exceed the co-operation of the DSS (including the Benefits Agency Prosecution Branch) and/or the Police, to determine not to prosecute in those cases where an individual Benefit fraud amounts to £500 or more.

8.24 To determine whether the welfare issues as defined by the Benefits Agency are sufficient to secure automatic exemption from prosecution with the notable exception of claimants already in prison and those suffering from terminal illness or severe mental disorder (for which medical evidence is required).

8.25 Within the Council’s policy relating to Discretionary Housing Payments (DHP) to:

(In consultation with Finance Manager.)

(a) determine the level and duration of each DHP case.

(b) ensure that wherever possible central government’s contribution is fully and legitimately
appropriated so as to maximise the award of DHPs.

(d) develop proactive procedures for promoting claims for DHPs and informing benefit claimants
of the DHP arrangements.

(e) seek the co-operation of the local Benefits Agency to display DHP promotional material and
make available a simple DHP claim form to those people visiting the Benefits Agency offices.

(f) exercise discretion in deciding who can claim a DHP.

(g) extend the 28 calendar day period for the supply of information from the time a claim is made,
where it is considered that individual cases merit an extension.

(h) exercise discretion in deciding who can be paid a DHP.

(i) vary (by extending or shortening) the period of any award where it is considered that
individual cases merit a variation from the usual period of award.

(j) vary, on a case by case basis, the period for the payment of DHPs where it is considered to
be in the Council’s or the claimant’s interest to do so.

(k) determine the most appropriate method(s) of DHP payments to be adopted.

(l) vary the payment cycle policies, on a case by case basis, where it is considered to be in
the Council’s or the claimant’s interest to do so.

(m) vary the backdating policy, on a case by case basis, where it is considered to be in the
Council’s or the claimant’s interest to do so.

(n) provide all necessary papers to support the decision made in determining an application in
the event of an appeal being made against the decision to the Council’s Appeals Committee.

(o) determine whether DHP payments should be stopped.

(p) determine whether any DHP payments should be recovered.

(q) make adjustments to the DHPs policy framework as a result of amending legislation or

guidance.

The Deputy Chief Executive is delegated the authority to grant a discretionary discount of 50% for long term empty properties in exceptional cases where the removal of a discount can be demonstrated by the occupier to cause hardship.

(In consultation with Finance Manager.)

Non-Executive Functions

Nil

Powers Relating To Functions That Can Be Executive, Non-Executive, Incidental To Either Or Administrative

Nil

Head of Business Change and Technology

Executive Functions

9.1 The preparation and updating of the list referred to in The Freedom of Information Act 2000 – Publication Scheme, including the addition of further classes of information and lists of charges where appropriate. (Minute No. 432/02/03 refers)

Head of Environmental Services

Executive Functions

10.1 In accordance, where appropriate, with Council policy to vary charges for, serve or affix notices to, register and maintain appropriate registers, exercise the client functions, collect or store and discharge the functions and duties imposed on the Council, under any statute or regulation in respect of the following:-

(a) abandoned vehicles on a highway or elsewhere in the open air and subsequently
arrangements for the storage and disposal of such vehicles.

(b) treatment, keeping and disposal of controlled waste.

the institution of proceedings for failure to comply.

(d) functions relating to collection of household waste.

(e) control areas and notices.

(f) arrange for the seizure, detention or disposal of stray dogs or the control of dogs.

(g) control and operation of a collection and storage service for abandoned shopping and/or

luggage trolleys.

(h) maintenance of parks, open spaces, gardens, recreation grounds, play areas and

conservation sites.

(i) allotments and authorisation of Notices to Quit as may be necessary.

(j) creation of local allotment associations with a view to leasing allotment sites to such Groups to

self manage.

(k) exclusive rights of burial in accordance with the approved burial agreement.

(l) interments and memorials placed on any grave, or in any part of a Council owned cemetery.

(m) burial record correspondence and like matters.

(n) burial records and maps required to be kept by the Local Authorities Cemeteries Order 1977.

(o) to make all necessary arrangements under current legislation for the burial of any person for
whom no other suitable arrangements have been made.

(p) to devise and amend the scheme introduced for the issuing of Fixed Penalty Notices for the
offence of leaving litter. (Minute No. 167/8/04 refers).

10.2 In accordance, where appropriate, with Council policy to manage, allocate or hire, approve, negotiate, enable, grant, deal, make arrangements for, adopt or enter agreements, register and maintain appropriate registers under any statute or regulation in respect of the following services and facilities:-

(a) grounds maintenance functions associated with parks, open spaces, gardens, recreation
grounds, play areas, cemeteries and conservation sites including grounds maintenance.

10.3 To authorise necessary road closures and other related traffic alterations pursuant to the provisions of the Town Police Clauses Act 1847 and the Road Traffic Act 1984.

10.4 Where an excavation is accessible to the public from a highway or a place of public resort and is in his opinion a danger to the public by reason of it not being enclosed or being inadequately enclosed to:-

(a) serve notice on the owner or occupier of the land in question where known; and

(b) carry out such works as appear to be necessary to remove the danger (whether or not the
owner or occupier of the land in question is known).

10.5 To take any action, make any Order or publish proposals for any Order or variation thereof in relation to the creation, control and management or operation of off-street and on-street parking places.

10.6 The management of all aspects of the Council's on and off-street parking areas including those provided for residents and the disabled and to enforce or cancel Penalty Charge Notices incurred by motorists in any of the Council's on or off-street car parking areas where the reason given in any request for a waiver is considered reasonable.

NB: This delegation includes the use of the Bailiffs but excludes the use of vehicle clamps and removals.

Non-Executive Functions

10.7 In accordance, where appropriate, with Council policy to determine any application for a licence under the Licensing Act 2003, attach conditions or state grounds for refusal, to register and maintain appropriate registers, exercise the powers conferred by, take any action considered necessary, institute proceedings, enforce the provisions of, discharge the functions and duties imposed on the Council under any statute or regulation in respect of the following:-

Matter to be dealt with	Circumstances under which decision may be made
Application for grant of renewal of personal licence	If no representation made
Application for premises licence or club premises certificate	If no representation made
Application for provisional statement	If no representation made
Application to vary premises licence and/or club premises certificate	If no representation made
Application to vary designated premises supervisor	If no police representation made
Request to be removed as designated premises supervisor	In all cases
Application to transfer premises licences	If no police representation made
Applications to interim authorities	If no police representation made
Decision upon whether a representation is irrelevant, frivolous, vexatious etc	In all cases
Application for conversion of existing premises licence or club certificate	If no police representation made
*Application for a Minor Variation of a Premises Licence	All cases including if representation is made
*Application for a Minor Variation of a Club Premises Certificate	All cases including if representation is made
*Application by community premises to disapply the mandatory conditions for alcohol on the premises	If no police objection made

Note:

(i) * = added by virtue of Minute No. 407/2/10

(ii) The granting of the above delegations is without prejudice to Officers referring an application to a Sub-Committee or to a Sub-Committee referring an application to the full Committee, if considered appropriate by the Licensing Officer or Sub-Committee in the circumstances of any particular case and where permitted by legislation.

10.7A In accordance, where appropriate, with Council policy to determine any application for a Licence, Permit or Notice under the Gambling Act 2005, to attach conditions or to state grounds for refusal, to receive notifications, to register and maintain appropriate registers, to exercise the powers conferred, to take any action considered necessary, to institute proceedings, to enforce the provisions of, to discharge the functions and duties imposed on the Council, under the Act or any regulations thereunder in respect of the following (Minute No 603/04/07 refers):

Matter to be dealt with	Circumstances under which decision may be made
Application for Premises Licence	Where no representations received or representations have been withdrawn
Application to vary a Premises Licence	Where no representations received or representations have been withdrawn
Application to transfer a Premises Licence	Where no representations received or representations have been withdrawn
Application for a provisional statement	Where no representations received or representations have been withdrawn
Application for a Club Gaming Permit or Club Machine Permit	Where no objections made or objections have been withdrawn
Application for other Permits	All cases
Cancellation of licensed premises Gaming Machine Permits	All cases
Application for Temporary Use Notice	Where no notices of objection have been given or notices of objection have been withdrawn

The granting of the above delegations is without prejudice to officers referring an application to a Sub-Committee or to a Sub-Committee referring an application to the full Committee, if considered appropriate by the Licensing Officer or Sub-Committee in the circumstances of any particular case and where permitted by legislation.

Officers will submit an annual summary report upon the exercise of their delegated powers via the Councils’ Information Exchange.

10.7B To exercise, in all cases, the powers in Sections 19 to 28 of the Criminal Justice and Police Act 2001. (Minute No. 407/2/10 refers).

10.8 To approve footpath and bridleway extinguishment Orders submitted by the Kent County Council.

10.9 To confirm any footpath or bridleway Stopping-Up, Diversion or Creation Order and to take consequent actions as required in order to enable development to be carried out in accordance with any planning permission where any such Order has been unopposed.

NB: Pursuant to an agreement with the Kent County Council Orders for the Stopping-Up, Diversion or Creation of Footpaths under the Highways Acts are to be made by that Authority.

Environmental Health Managers (Commercial and/or Environmental Protection) as Appropriate

Executive Functions

11.1 In accordance, where appropriate, with Council policy to serve or issue any statutory notice or direction and to take subsequent steps to achieve the purpose of the notice, issue any caution, determine applications for and grant, exercise the powers conferred by, make arrangements for, instruct or appoint appropriate persons, take any action considered necessary, detain, examine or seize, institute proceedings, enter premises, enforce the provisions of, act as an inspector for, examine and test, register and maintain appropriate registers, vary licence conditions, recover the cost for action taken or award grants, discharge the functions and duties imposed on the Council, under any statute or regulation in respect of the following:-

(a) the control of air pollution.

(b) the examination, testing and repair of drains, sewers, water closets, waste pipes and soil
pipes, cesspools and septic tanks.

(c) connection of a house to a public sewer by agreement with the owner and to recover the
costs with interest over a mutually agreed period or the making of a maturity loan to a person to

enable him to effect such works.

(d) infectious diseases and the prevention of the spread of infection.

(e) control of noise on construction sites.

(f) removal of obstructions from private sewers.

(g) remedy stopped up drains.

(h) reduction of emission of dust arising from building or demolition operations.

(i) prevention of damage by pests.

(j) shops and Sunday trading.

(k) burning of crop residues.

(l) defective drains believed to be prejudicial to health or a nuisance.

(m) contaminated land.

(n) abatement of statutory nuisances.

(o) The regulation of emissions from certain industrial processes falling within Schedule 1 of the
Pollution Prevention and Control (England and Wales) Regulations 2000.

11.2 In accordance, where appropriate, with Council policy to determine any application for a licence or permit, agree terms, issue consent, attach conditions or state grounds for refusal, revocation or suspension, to register and maintain appropriate registers, to agree schemes, exercise the powers conferred by, take any action considered necessary, institute proceedings, enforce the provisions of, discharge the functions and duties imposed on the Council, under any statute or regulation in respect of the following:-

(a) house-to-house collections.

(b) street collections.

11.3 In accordance, where appropriate, with Council policy to serve or issue any statutory notice or direction and to take subsequent steps to achieve the purpose of the notice, issue any caution, determine applications for and grant, exercise the powers conferred by, make arrangements for, instruct or appoint appropriate persons, take any action considered necessary, detain, examine or seize, institute proceedings, enter premises, enforce the provisions of, act as an inspector for, examine and test, register and maintain appropriate registers, vary licence conditions, recover the cost for action taken or award grants, discharge the functions and duties imposed on the Council, under any statute or regulation in respect of the following:-

(a) animals and animal establishments.

(b) sanitary facilities at places of entertainment.

(d) cosmetic piercing, semi permanent skin colouring, tattooing, acupuncture and electrolysis

(Minute No. 415/2/05 refers).

(e) hairdressers.

11.4 In accordance, where appropriate, with Council policy to determine any application for a licence or authorise, permit, agree terms, issue consent, attach conditions or state grounds for refusal, revocation or suspension, to register and maintain appropriate registers, to agree schemes, exercise the powers conferred by, take any action considered necessary, institute proceedings, enforce the provisions of, discharge the functions and duties imposed on the Council under any statute or regulation in respect of the following:-

(a) track betting.

(b) gaming machines.

(d) lotteries and prize bingo.

(e) cinemas.

(f) scrap metal dealers.

(g) street trading.

(h) hackney carriage vehicles.

(i) hackney carriage vehicle drivers.

(j) private hire operators.

(k) private hire vehicles.

(l) private hire vehicle drivers.

(m) mini-buses.

(n) sex shops and sex cinemas.

(o) sexual entertainment venues (Minute No. 333/1/11 refers).

(p) hypnotism and demonstrations of hypnotism.

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

11.5 In accordance, where appropriate, with Council policy to serve or issue any statutory notice or direction and to take subsequent steps to achieve the purpose of the notice, issue any caution, determine applications for and grant, exercise the powers conferred by, make arrangements for, instruct or appoint appropriate persons, take any action considered necessary, detain, examine or seize, institute proceedings, enter premises, enforce the provisions of, act as an inspector for, examine and test, register and maintain appropriate registers, vary licence conditions, recover the cost for action taken or award grants, discharge the functions and duties imposed on the Council, under any statute or regulation in respect of the following:-

(a) protection of members of the public from the risk of danger or prejudicial to health or to abate

a nuisance.

(b) securing certain empty properties

(d) Functions relating to the Health Act 2006 and Smoke-Free Regulations.

Head of Cultural and Project Servies

Executive Functions

12.1 In accordance, where appropriate, with Council policy to manage, allocate or hire, approve, negotiate, enable, grant, deal, make arrangements for, adopt or enter agreements, register and maintain appropriate registers under any statute or regulation in respect of the following services and facilities:-

(a) contractor function of the Council in relation to the Stour Centre, Julie Rose Memorial Athletics Stadium and
grounds maintenance.

(b) sports pitches and other facilities (including the approval of the loan or hire of equipment).

Centre contracts.

(d) grants to voluntary organisations and funds for minor works projects to Village Halls.

(e) agreements to secure grant aid, sponsorship or donations in support of leisure facilities and

services.

(f) sports, arts and recreational development services.

(g) parks, public open space, recreational land and grounds, play areas and conservation sites or

other leisure facility pursuant to the provisions of Planning Obligations.

(h) administration of the Single Grants Gateway.

(i) Tourism, Twinning and Heritage Services.

(j) Child Protection and Safeguarding.

(k) Youth Facilities and Services.

12.2 Crime and Disorder Act 1998 insofar as it involves the work of the Ashford Local Responsible Authority and compliance by the Council in relation to its duties under the Act (Sect 17).

12.3 To exercise any of the powers conferred by Section 263 of the Public Health Act 1936 (watercourses not to be culverted except in accordance with approved plans).

12.4 To serve any Notice under Section 25 of the Land Drainage Act 1991 and to take such steps subsequent to the service of such a Notice as are necessary to achieve the purpose of the Notice.

12.5 To carry out any site investigation where he considers it necessary whether upon the commencement of negotiations for acquisition or otherwise. Note: Project Office Manager also has the delegations 14.3 to 14.6.

12.6 To apply for planning permission for the development of any land or property and to make any other application under planning legislation. Note: Head of Customers, Homes and Property has similar delegation.

Non-Executive Functions

12.7 In accordance, where appropriate, with Council policy to manage, allocate or hire, approve, negotiate, enable, grant, deal, make arrangements for, adopt or enter agreements, register and maintain appropriate registers under any statute or regulation in respect of the following services and facilities:-

(a) Public Footpaths for which the Council is responsible including the erection of signposts and
signs, stile kits and the laying of sleepers.

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

Nil

Head of the Project Office

Executive Functions

13.1 To exercise any of the powers conferred by Section 263 of the Public Health Act 1936 (watercourses not to be culverted except in accordance with approved plans).

13.2 To serve any Notice under Section 25 of the Land Drainage Act 1991 and to take such steps subsequent to the service of such a Notice as are necessary to achieve the purpose of the Notice.

13.3 To carry out any site investigation where he considers it necessary whether upon the commencement of negotiations for acquisition or otherwise. Note: Head of Customers, Homes and Property has similar delegation.

13.4 To apply for planning permission for the development of any land or property and to make any other application under planning legislation. Note: Head of Customers, Homes and Property has similar delegation.

Head of Customers Homes and Property

Executive Functions

14.1 In accordance, where appropriate, with Council policy or Code of Practice, to grant or refuse, or otherwise, determine applications or to apply, approve or to approve revisions to, make, register and maintain appropriate registers, to admit or delete an applicant, to accept, authorise, issue, allocate, settle, exercise, let, offer, execute or decide not to enforce, send or to dispose under any statute or regulation in respect of the following:-

(a) the Housing Register and to determine all applications for admittance to the Register; and to
approve the allocation of any tenancy in accordance with the Housing Allocation Points Scheme.

(b) to admit or delete an applicant to/from the Housing Register.

(d) urgent and unavoidable repairs to Council dwellings where the costs exceed £2,000.

(e) Notice of Seeking Possession or authorisation of Injunction proceedings in respect of a
dwelling let under a secure tenancy.

(f) Notice to Quit in respect of any property (including garages).

(g) to authorise proceedings to obtain an Order for Possession of any property and to arrange
for representation of the Council at any County Court hearing for such an Order in respect of rent

arrears only by a Housing Officer approved for that purpose by the Head of Legal Services.

(h) to apply for and authorise the execution of “non-suspended” Possession Orders where the
tenant(s) have failed to comply with the terms thereof.

(i) to determine Homeless Applications under Part VII of the Housing Act 1996 (as amended
by Homelessness Act 2002).

(j) use of temporary housing accommodation for the homeless.

(k) warrant for distress for any amount of outstanding rent subject to all other means of collection

having been exhausted.

(l) payments to the Council’s Bailiff from rent collected on the authority of a warrant for distress.

(m) permanent housing to families falling within the priority groups of homelessness who have
previously been in temporary accommodation provided by the Council.

(n) housing for “Key Workers”.

(o) to settle any claims for compensation or reimbursement of expense made by tenants subject
to the claimant’s right to appeal to the Appeals Committee against the decision.

(p) applications for re-housing.

       (q) determine applications from tenants for a transfer where such a request is necessary even
       where arrears of rent are owed to the Council provided the applicant is making reasonable and
       regular payments towards clearing the arrears.

(r) to allow tenants to transfer to suitable accommodation where they owe money to the Council,

other than rent.

(s) allocation of a tenancy when necessary by reason of orders made or undertakings accepted.

(t) secure Tenant Rights to Repair Scheme.

(u) to make offers of shared ownership schemes.

(v) to settle compensation in respect of the replacement of central heating provided by the tenant.

(w) to determine the future of individual garage sites.

(x) to let Sheltered Housing units to applicants over the age of 50.

(y) to make any determination or decision required under the Access to Personal Files

(Housing) Regulations 1989.

       (z) acceptance of lowest tender or quotation for the execution of any works whose cost is to be
       met by the Council's insurers, subject to the insurers having previously authorised the
       acceptance of the tender or quotation concerned.

(aa) where Bed and Breakfast accommodation has to be used as a temporary measure for a
family that has become homeless through no fault of its own, to levy a charge equal to the cost of

the Bed and Breakfast accommodation.

       (bb) to decide not to enforce the minimum 12 month rental period in respect of dispersed alarm
       systems where circumstances would make this unreasonable and to make refunds of quarterly
       rental paid in advance on termination of an agreement by the hirer where in view of the
       circumstances this would be reasonable and to install communication alarm systems without

requiring quarterly pre-payment in appropriate cases.

(cc) to offer available mobility accommodation when an applicant's need for such accommodation
is both well supported and documented.

(dd) to convert or combine properties where either a particular size or type of property is
required or where the property cannot be let without such a conversion eg bedsits.

(ee) disposal of unviable property.

(ff) management of the Chilmington Caravan Site, Great Chart and to authorise any legal
proceedings in respect of that site as necessary.

(gg) to dispose of furniture and effects left behind by tenants following repossession of their
property to the best advantage of the Council upon the expiry of the time specified in the

appropriate Notice.

(hh) provision of separate service pipe to an existing house of a type suitable for improvement
and served by a shared water service pipe where it is considered necessary or desirable.

(ii) restoration of water, gas or electricity supplies.

(jj) to recommend that uncollectable Housing Benefit overpayments be written off to the
Housing Revenue Account to be recovered in instalments through the Integrated Housing System,

with instalments recovered being credited to the Housing Revenue System.

14.2 To exercies any of the Council’s duties and powers under the relevant statutory provisions in connection with improving the standard of the private sector housing stock in the Borough, including individual dwellings and houses in multiple occupation (HMOs).

(a) To undertake the administration and management of mandatory disabled facilities grants.

(b) To undertake the administration and management of “housing assistance” (as defined).

landlords.

(d) To enter into partnership agreements with third parties for the supply of goods and services
in connection with mandatory disabled facilities grants and “housing assistance”.

(e) To promote energy efficiency in domestic premises and report to Central Government as

required on progress.

(f) To issue licences for caravan sites (as defined) and to enforce the site license conditions imposed.

(g) To issue licences for moveable dwellings and camping sites and to enforce the license conditions imposed.

(h) To provide such statistical data as required from time to time on relevant activities related to the Private
Sector Housing function.

(i) To deal with unauthorised traveller/gypsy encampments on Council owned land.

       (j) To approve or reject applications for HMO licenses, to vary or revoke HMO licenses, and to apply such
       conditions as are deemed appropriate to HMO licenses. Also to take any appropriate action to enforce license
       conditions and other relevant matters.

(k) To serve notices etc., and to take any necessary subsequent action, under the relevant statutory
provisions (together with any relevant Statutory Instruments, Orders, or Rules made there-under) as listed.

14.3 To apply for planning permission for the development of any land or property and to make any other application under planning legislation in connection with the Council’s housing programme.

14.4 To accept any tender for works in the approved Housing Maintenance Programme provided that:

(a) the tender represents good value for money;

(b) sufficient savings have been made elsewhere in the Programme of Works to meet the additional cost.

14.5 To negotiate continuation contracts for works of a very similar nature and to the extent necessary for this delegation, Contract Procedure Rule 5 (f) to be waived.

14.6 To investigate and enter into industry standard forms of contract for works of an on-going maintenance nature, subject to the requirements of Contract Procedure Rule 10.1.1 and to the extent necessary for this delegation the Requirements of Contract Procedure Rule 9.7 (b) be waived.

14.7 When attending meetings of the Supporting People Commissioning Body as the substitute for the Housing and Customer Services Portfolio Holder to exercise the powers and duties of the Executive to:

(a) agree the full Supporting People Strategy and Annual Plan which will detail all expenditure within the Supporting
People Grant, all services, new high cost projects and the charging rules;

(b) Consider any significant changes to the Supporting People Strategy and Annual Plan;

14.8 To determine any application for permission where required under any mortgage to the making by the mortgagers of any alteration to the property.

14.9 To support non-RSL preferred partners as notified by the Housing Corporation on sites where the non-RSL partner would be developing the affordable housing units. (Minute No. 238/9/05).

14.10 After consulting with the Finance Manager, Portfolio Holder and Ward Member(s) the Head of Customers, Homes and Property to determine whether to repurchase a property formerly sold under the Right to Buy subject to the availability of sufficient funding, consideration of the Housing Revenue Account Business Plan and the impact upon the Council’s Right to Buy pooling liability. (Minute No. 76/6/07 refers)

14.11 In terms of the Discretionary Loans Policy for Major Works service charges, the Head of Customers, Homes and Property, in consultation with the Finance Manager and the Head of Legal and Democratic Services, be authorised to offer any one, or a combination of loans/measures to fit the personal circumstances of the leaseholder as set out in the Policy and subject to its terms and conditions.

(Minute No. 498/4/10 refers)

14.12 To authorise the grant of easements over Council land at market value or other value as deemed appropriate where there is a community benefit, and the grant is authorised by the General Disposal Consents under the Local Government Act 1972 in force at the time.

14.13 To approve any letting of property for a period of up to three years at market rent, or other rent as deemed appropriate where there is a community benefit.

14.14 To approve any letting of property for a period of up to seven years at market rent to which statutory security of tenure will not apply.

14.15 To retain agents to advise upon terms for sales, leases, purchases, easements, compensation claims and similar matters or otherwise in connection therewith.

14.16 To let individual units and sites at the Ellingham Industrial Estate, including the negotiation of any rent payable therefore (whether on review or otherwise).

14.17 To settle the terms in consultation with the Head of Financial Services, for the acquisition (where resources have been set aside in the Capital Programme) or disposal of land or interests in land in accordance with the Policy Statements on Disposals and Acquisitions, where the principle of the proposed acquisition or disposal has been approved by the Council.

14.18 To negotiate the terms of new leases, including interim and initial rental both at market rent or other rent as deemed appropriate where there is a community benefit in those cases where existing tenants have a statutory right to call for a new lease on expiry of the current term, and to authorise completion of such new leases.

14.19 To negotiate the terms of, and accept, early surrenders of leases.

14.20 To negotiate and agree rent payable on rent reviews of existing leases.

14.21 To grant yearly licences for pedestrian and vehicular access to private property over Council owned land.

14.22 To authorise the grant of wayleaves to other statutory undertakers where Council-owned land is affected.

14.23 To negotiate the terms of, and authorise the granting of, landlords licences and consents and variations under existing leases.

14.24 To negotiate the terms of, and authorise, releases of restrictive covenants affecting non-Council owned land where the Council has a right to enforce the covenant.

14.25 To dispose of any small plot of land (up to an area of approximately 0.2 hectares) at market value upon the advice of a suitably qualified valuer and upon such terms and conditions as he considers appropriate.

14.26 To carry out any site investigation where he considers it necessary whether upon the commencement of negotiations for acquisition or otherwise. Note: Project Office Manager has similar delegation.

14.27 To apply for planning permission for the development of any land or property and to make any other application under planning legislation. Note: Project Office Manager has similar delegation.

Non-Executive Functions

Nil

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

Nil

Development Control Manager/Strategic Sites and Design Manager

Executive Functions

NIL

Non-Executive Functions

15.1 To determine applications for lawful use or development certificates save that the Portfolio Holder may request in writing that the determination of an application be elevated to the Planning Committeee. In this event the delegation to the Development Control Manager/Strategic Sites and Design Manager to determine the application shall be suspended in relation to that application, unless the Portfolio Holder revokes his request in writing.

15.2 The determination of all applications and/or notifications (including applications for non material amendments and the discharge of conditions*) made under the Town and Country Planning Act 1990 (as amended), the Listed Buildings and Conservation Areas Act 1990 (as amended), the Planning and Compulsory Purchase Act 2004 (as amended) or any Orders or Regulations made thereunder with the exception of:-

(a) the provisions of dwellinghouses where:

(i) the number of dwellinghouses to be provided is 10 or more; or

(ii) the development is to be carried out on a site having an area of 0.5 hectare or more and it is not known
whether the development falls within paragraph (a) (i).

(b) the provision of a building or buildings where the floor space to be created by the development is 1000sq
metres or more (Revised (a) & (b) Minute No 112/6/06 refers).

(d) applications which, in the opinion of the Development Control Manager/Strategic Sites and Design Manager,
are sensitive and should be determined by the Planning Committee.

(e) applications submitted, promoted or sponsored by or on behalf of the Borough Council be submitted to the
Planning Committee and be not subject to the Scheme of Delegation.

The exceptions listed above shall not include applications for non material amendments to permissions or consents and all

applications to discharge conditions imposed on any permission or consent (see paragraph 15.2A below) *.

15.2A To determine all applications for non material amendments to permissions or consents and all applications to discharge conditions imposed on any permission or consent made under the Town and Country Planning Act 1990 (as amended), the Listed Buildings and Conservation Areas Act 1990 (as amended), the Planning and Compulsory Purchase Act 2004 or any Orders or Regulations made thereunder *.

(*Minute No. 476/5/11 refers).

NB: (i) In parished areas, if the Parish Council and the Ward Member together or the Ward Member

                       acting alone consider that the application raises issues of significant local importance they or
                       he/she may request in writing that determination of an application be elevated to the Planning
                        Committee. In this event the delegation to the Development Control Manager/Strategic Sites
                        and Design Manager to determine the application be suspended in relation to that application.

               (ii)    In unparished areas, if the Ward Member considers the application raises issues of
                        significant local importance he/she may request in writing that the determination of an
                        application be elevated to the Planning Committee. In this event the delegation to the
                        Development Control Manager/Strategic Sites and Design Manager to determine the
                        application be suspended in relation to that application. (Minute No. 123/7/05 refers).

               (iii)   Irrespective of the area, the Portfolio Holder may request in writing that the determination
                        of the application be elevated to the Planning Committee. In this event the delegation to the
                        Development Control Manager/ Strategic Sites and Design Manager to determine the
                        application shall be suspended in relation to that application unless the Portfolio Holder
                        revokes his request in writing.

15.2B To make minor amendments or corrections (of a clerical, grammatical or editorial nature only) to the wording of conditions, obligations, reasons, informatives, etc in order to give effect to the decisions of the Planning Committee.

15.3 To determine any request for approval or respond to any consultation submitted by the Concessionaires or Railtrack pursuant to the provisions of the Channel Tunnel Act 1987 where such request or consultation falls within the Terms of Reference of the Planning Committee and:

(a) the application concerned attracts no objection as a result of neighbour/Parish Council or other consultation
and

(b) is one which the Development Control Manager/Strategic Sites and Design Manager considers should be
approved and

15.4 To determine any request or application for approval under Schedule 6 of the Channel Tunnel Rail Link Act 1990.

15.5 To make all decisions pursuant to the Heritage Agreements entered into for the purpose of the Channel Tunnel Rail Link Act 1990, except in relation to the approval of sites for the relocation of listed buildings.

15.6 To make decisions or respond to consultations in relation to restoration schemes submitted for approval under the provisions of the Channel Tunnel Rail Link Act 1990.

15.7 To respond on the Council’s behalf to consultations by the Kent County Council on any application or request for approval or other matter under the Channel Tunnel Rail Link Act 1990.

15.8 To agree any other scheme, plan or code submitted for approval under the Channel Tunnel Rail Link planning regime or to respond to consultations on the Council’s behalf in respect thereof and to take any other action on the Council’s behalf in relation to planning or heritage matters under the Channel Tunnel Rail Link Act 1990.

15.9 To exercise all functions of the Local Planning Authority under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended).

15.10 To respond to any application for a Goods Vehicle Operators' Licence.

15.11 To exercise all functions of the Local Planning Authority under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended).

15.12 To decline to determine applications in accordance with the powers in Section 70A of the Town and Country Planning Act 1990 (as amended) and Section 43 of the Planning and Compulsory Purchase Act 2004 (as amended).

15.13 To determine whether to take, or not to take:

(i) enforcement or other action under Part 7 of the Town and Country Planning Act 1990 (as amended);

(ii) action under Section 215 to 219 of the Town and Country Planning Act 1990 (as amended) and

(iii) action under Chapter 4 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

Save that the Portfolio Holder may request in writing that the determination in respect of a particular matter be elevated to the Planning Committee. In this event the delegation to the Development Control Manager/Strategic Sites and Design Manager to make the determination shall be suspended in relation to that matter, unless the Portfolio Holder revokes his request in writing.

15.14 To take all such emergency action as in his opinion may be required to deal with any dangerous tree.

15.15 To determine whether to serve a Hedgerow Retention Notice in response to the service upon the Council of a Hedgerow Removal Notice and in circumstances where a hedgerow is removed in contravention of the Hedgerow Regulations 1997 (as amended) to determine whether a Hedgerow Replanting Notice should be served upon the landowner concerned.

15.16 To determine whether injunction or criminal proceedings should be taken against any landowner for contravention of the Hedgerow Regulations 1997 (as amended).

15.17 To respond to consultation or notifications by the Forestry Authority.

15.18 To determine all matters relating to Tree Preservation Orders, trees in Conservation Areas and other landscape matters both for approval or refusal with or without third party representations.

15.19 Make and serve a Tree Preservation Order pursuant to the powers contained in Sections 198 and 201 of the Town and Country Planning Act 1990 (as amended).

15.20 To confirm any Tree Preservation Order where no objections have been received.

15.21 To undertake all matters associated with the High Hedge Legislation (Part 8 of the Anti-Social Behaviour Act) (as amended). Any cases considered to be exceptional be referred to the Planning Committee for decision. (Minute No. 71/6/05 refers).

15.22 Subject to the Portfolio Holder not having requested in writing that the response be made by the Planning Committee, to respond on the Council’s behalf to:

(i) Kent County Council on any consultation made under The Town and Country Planning (Development Management

Procedure) (England) Order 2010 and directions made thereunder, and

(ii) All other consultations of a planning nature and including those relating to planning applications and listed building

consent applications in neighbouring authorities and those arising under the Planning Act 2008 (for example national

policy statements and applications for development consent).

15.23 Power to decline to determine applications submitted under the Town and Country Planning Act 1990 (as amended) and the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

Nil

Business Manager and Head Of Building Control

Executive Functions

16.1 To determine Building Control Charges.

16.2 To exercise the powers, duties and functions of the Council under the Local Land Charges Act 1975 and any Orders or Regulations made thereunder.

16.3 To exercise the powers and duties of the Council relating to street naming and numbering.

16.4 To determine Land Search fees in consultation with the Head of Planning and Development and the Finance Manager (Minute No. 496/3/09 refers).

Non-Executive Functions

16.5 To determine any application for permission to erect a new building or an extension to an existing one over a public sewer.

16.6 To determine any application submitted pursuant to the provisions of the Building Regulations.

16.7 To accept or reject any notice or certificate served in accordance with Part II of the Building Act 1984.

16.8 To undertake general Building Surveying consultancy work utilising powers under The Local Government Act 2003.

16.9 The issue of any notice:-

(a) to require removal or alteration of work not in conformity with the Building Regulations or executed
notwithstanding rejection of plans.

(b) under the Building Regulations.

(d) providing for cancellation of initial notice after a certain interval.

Powers Relating to Functions that can be Executive, Non-Executive, Incidental to Either or Administrative

16.10 In accordance, where appropriate, with Council policy to serve or issue any statutory notice and to take subsequent steps to achieve the purpose of the notice, issue any caution, take any action considered necessary, to enforce the provisions of any statute or regulation in respect of the following:-

(a) Control of demolitions.

(b) Raising of chimneys.

16.11 To take such action pursuant to the provisions of Section 76 or 77 of the Building Act 1984 as he considers necessary in order to deal with any defective premises or dangerous structure.

16.12 To exercise any of the powers conferred by Section 78 of the Building Act 1984 (making safe dangerous buildings).

Proper and Authorised Officers and Designated Posts

A. Proper Officer Provisions

1. Pre-Local Government Act 1972 Enactments

The Head of Legal and Democratic Services be appointed Proper Officer in relation to any reference in any enactment passed before or during the same session as the Local Government Act 1972 or in any instrument made before the 26th October 1972 or in any such local statutory provision to the Clerk of the Council which, by virtue of any provision in the 1972 Act, is to be taken as a reference to the Proper Officer of the Council, save as hereinafter provided.

2. Public Health Act 1936

Officer	Function	Provision
Head of Environmental Services	Service of Notice requiring remedial action where there are filthy and verminous premises, persons or articles	s.84 + 85(2)

3. Public Health Act 1961

Officer	Function	Provision
Head of Environmental Services	Control of any verminous article	s.37

4. Local Government Act 1972

The Officers listed below be designated as Proper Officers in relation to the functions mentioned:

Officer	Function	Provision
Chief Executive	Parish Trustee	s.13(3)
Chief Executive	Witness and receipt of Declaration and Acceptance of Office	s.83(1) to (4)
Chief Executive	Receipt of Resignation of Office	s.84(1)
Head of Legal and Democratic Services	Convening meeting to fill casual vacancy in Office of Chairman	s.88(2)
Senior Electoral Services Officer	Receipt of notice of casual vacancy from Local Government electors	s.89(1)
Head of Legal and Democratic Services	Receipt of general notices of interests of Members and recording and entry	s.96(1) & (2)
Head of Legal and Democratic Services	Admission of public (including press) to meetings	s.100
Chief Executive, Deputy Chief Executive or appropriate Head of Service	Compilation of lists of background papers for reports in his/her name	s.100D
Head of Legal and Democratic Services	All purposes of s.100A-K of LGA 1972 save as mentioned above	s.100A-K
Deputy Chief Executive	Receipt of money due from Officers	s.115(2)
Head of Legal and Democratic Services	Officers Interests in Contracts etc	s.117
Deputy Chief Executive	Declarations and certificates with regard to transfer of securities	s.146(1)(a) & (b)
Deputy Chief Executive	Responsibility for administration of the Council's financial affairs	s.151
Head of ICT and Customer Services	Receipt of notices under Ordnance Survey Act 1841	s.191
Head of Environmental Services	Receipt of notice of application for Justices Licences under Licensing Act 1964	s.204(3)
Head of Legal and Democratic Services	Vesting of powers under certain charities existing before 1st April 1974	s.210
Head of Legal and Democratic Services	Deposit of certain documents	s.225
Deputy Chief Executive	Accounts for inspection by any Member of the Council	s.228(3)
Head of Legal and Democratic Services	Certification of certain documents	s.229(5)
All Heads of Service designated by the Head of Legal and Democratic Services for documents they are authorised to give, make or issue	Authentication of documents	s.234
Head of Legal and Democratic Services	Remission of copy byelaws to Parish Councils etc.	s.236(9) & (10)
Head of Legal and Democratic Services	Authentication of copy byelaws	s.238
Head of Legal and Democratic Services	Custody of Roll of Freemen	s.248(2)
Head of Legal and Democratic Services	Summons to Council Meetings	Sch.12 para. 4(2)(b)
Head of Legal and Democratic Services	Receipt of notice about address to which summons to meeting is to be sent	Sch. 12 para 4(3)
Head of Legal and Democratic Services	Certification of copies of certain resolutions (Relating to Public Health Acts 1875-1925)	Sch.14 para.25(7)
Development Control Manager/Strategic Sites and Design Manager	Receipt and deposit of Lists of Buildings of Special Architectural or Historic Interest	Sch.16 para.28(1)

5. Local Government Act 1974

Officer	Function	Provision
Head of Legal and Democratic Services	To give notice that copies of an Ombudsman’s Report are available	s.30(5)

6. Local Government (Miscellaneous Provisions) Act 1976

Officer	Function	Provision
Head of Legal and Democratic Services	Certify copies of resolutions and Minutes of proceedings	s.41(1)

7. Rent (Agricultural) Act 1976

Officer	Function	Provision
Head of Customers, Homes and Property	Determination of the standard of housing which may be offered by a farmer as alternative accommodation for his or her present employees when they cease to be employed by him or her	Sch 4

8. Local Authority Cemeteries Order 1977

Officer	Function	Provision
Head of Environmental Services	To sign exclusive rights of burial	Reg. 10

9. Housing Act 1985

Officer	Function	Provision
Head of Customers, Homes and Property	Submission of reports on particular houses	s.606

10. Local Government Finance Act 1988

Officer	Function	Provision
Deputy Chief Executive	Compiliation of reports on actual or contemplated unlawful expenditure or if the Authority’s expenditure, including proposed expenditure, is likely to exceed its resources	s.114

11. Local Government and Housing Act 1989

Officer	Function	Provision
Head of Legal and Democratic Services	Receipt of the list of Politically Restricted Posts	s.2(4)
Chief Executive	Head of the Council’s Paid Service	s.4
Head of Legal and Democratic Services	Monitoring Officer	s.5
Head of Legal and Democratic Services	Political Balance on Committees and appointment of Members in accordance with Group Leaders’ wishes (Local Government (Committees and Political Groups) Regulations 1990, as amended	All provisions
Head of Legal and Democratic Services	Members Interests	s.19

12. Local Authorities (Members Interests) Regulations 1992

Officer	Function	Provision
Head of Legal and Democratic Services	Receipt of notices and maintenance of Registers of Interests (Members)	s.194, s.194(1) so far as it amends paragraph 41 of Schedule 12 of the Local Government Act 1972

Officer

Function

Provision

Head of Legal and Democratic Services

Receipt of notices and maintenance of Registers of Interests (Members)

s.194, s.194(1) so far as it amends paragraph 41 of Schedule 12 of the Local Government Act 1972

List Of Designated Posts Maintained Pursuant To Section 2(2)

Local Government And Housing Act 1989

(i) Head of Paid Service

Chief Executive - J Bunnett

(ii) Responsible Financial Officer

Deputy Chief Executive - P Naylor

(iii) Deputy Responsible Financial Officer

Finance Manager - B Lockwood

(iv) Monitoring Officer

Head of Legal and Democratic Services - T Mortimer

(v) Deputy Monitoring Officer

Head of Property and Community Projects - C Mawston

(vi) Heads of Service

Head of Environmental Services - P Jackson
Head of Customers, Homes and Property - T Kerly
Head of Business Change and Technology - R Neil
Head of Legal and Democratic Services - T Mortimer
Head of Cultural and Project Services - M Carty
Head of Planning and Development - R Alderton

(vii) Political Assistants - Appointed in accordance with Section 9 of the Act.

No such appointments have been made.

(xiii) Officers to whom powers are delegated (not included in the above):-

Revenues and Benefits Manager
Support Manager
Senior Recovery Manager
Recovery Officer
Environmental Health Managers (Commercial and/or Environmental Protection)
Business Manager and Head of Building Control
Project Office Manager
Development Control Manager/Strategic Sites and Design Manager
Head of Personnel and Development

(ix) Posts which have an annual equivalent rate of remuneration at or in excess of the specified amount or provide regular advice to the Council, the Executive or any of the Council’s Committees, Sub‑Committees or at meetings under Joint Arrangements or regularly speak on behalf of the Authority to journalists or broadcasters (and which are not included in the above).

A list of such posts is maintained by the Head of Legal and Democratic Services.

13. Local Government Act 2000

Officer	Function	Provision
Head of Legal and Democratic Services	Proper Officer (as Monitoring Officer) for all purposes of this Act	All Sections

NB: Some Proper Officer functions are mentioned by reference to named Officers in the text of the Constitution. Other references do not identify an Officer. The list appended to this schedule identifies an Officer for each Proper Officer reference.

14. Other Acts

(a) Public Health (Control of Diseases) Act 1984

Dr M Chandrakumur be appointed as Proper Officer in respect of the functions listed below:-

Function	Provision
Receipt of Notices concerning notifiable diseases	s.11
Requirement upon occupier to furnish information	s.18
Stopping of Work	s.20
Exclusion of Children from school	s.21
Requirement to furnish list of pupils	s.22
Control of infected articles intended to be washed at a laundry	s.24
Disinfection of Premises	s.29 & 31
Removal of persons from Infected Houses	s.32
Issue of certificate to obtain an order and to carry out a medical examination of persons believed to be carrying a notifiable disease	s.36
Examination of Persons occupying lodging houses	s.40
Certifying a common lodging house to be free from infection	s.42
Person dying in hospital with notifiable diseases	s.43
Removal of Bodies	s.48
Authentication of Documents	s.59(a)

(b) National Assistance (Amendment) Act 1951

Dr M Chandrakumur be appointed as Proper Officer in respect of the functions listed below:-

Function	Provision
Removal of persons in need of care and attention to suitable premises	s.47
To secure the necessary care and attention for persons who:- (i) are suffering from grave chronic diseases; or (ii) being aged, infirm or physically incapacitated and living in insanitary conditions; and (iii) are unable to devote themselves, and are not receiving from other people proper care and attention.	s.47

Function

Provision

Removal of persons in need of care and attention to suitable premises

s.47

To secure the necessary care and attention for persons who:-

(i) are suffering from grave chronic diseases; or

(ii) being aged, infirm or physically incapacitated and living in insanitary conditions; and

(iii) are unable to devote themselves, and are not receiving from other people proper care and attention.

s.47

Dr M Chandrakumur be appointed as Proper Officer in respect of the functions listed below:-

Function	Provision
Removal of persons in need of care and attention to suitable premises	s.47

Function

Provision

Removal of persons in need of care and attention to suitable premises

s.47

B. Other Provisions

The Officers listed be designated as set out below in relation to the functions mentioned:-

Officer	Function	Provision
Chief Executive	Returning Officer for District, Parish and Community Council Elections	s.83 Representation of the People Act 1983
Chief Executive	Electoral Registration Officer	s.8 Representation of the People Act 1983
Electoral Registration Officer (to Consult)	Power to assign Officers in relation to requisitions of the Electoral Registration Officer	s.52 Representation of the People Act 1983
Head of Legal and Democratic Services	Deputy Electoral Registration Officer	s.52 Representation of the People Act 1983
Electoral Registration Officer (to Consult)	All functions in relation to parishes and Parish Councils	All appropriate provisions
Returning Officer	Power to dissolve small Parish Councils	s.10 Local Government Act 1972
Electoral Registration Officer	Power to make Orders grouping parishes, dissolving groups and separating parishes from groups	s.9-12 Local Government Act 1972
Electoral Registration Officer	Duty to provide assistance at European Parliamentary Elections	s.52 Representation of the People Act 1983
Electoral Registration Officer	Duty to divide Parliamentary Constituency into Polling Districts	s.18 Representation of the People Act 1983
Electoral Registration Officer	Power to divide electoral divisions into polling districts at Local Government Elections	s.31 Representation of the People Act 1983
Electoral Registration Officer	Powers in respect of holding elections	All appropriate provisions
Electoral Registration Officer	Power to pay expenses publicly incurred by Electoral Registration Officer	s.54 Representation of the People Act 1983
Returning Officer	Power to fill vacancies in the event of insufficient nominations at Parish Council Elections	s.39 Representation of the People Act 1983 and S.I 1986 No. 1080
Returning Officer	Duty to declare vacancy in office in certain cases	s.86 & 87 Local Government Act 1972
Returning Officer	Duty to give public notice of a casual vacancy:
	Principal Council	s.87 & 89 Local Government Act 1972, as amended by the Local Government Act 1985
	Parish Council	s.87 Local Government Act 1972 Local Elections (Parishes and Communities) Rules 1986
Returning Officer	Power to make temporary appointments to Parish Councils	s.39 Representation of the People Act 1983
Returning Officer	Power to determine fees and conditions for supply of copies of, or extracts from, election documents	All Elections Rules
Returning Officer	Power to submit proposals to the Secretary of State for an Order as to ‘Election Pilots’	Sect 10 (Pilot Schemes for Local Elections in England and Wales) Representation of the People Act 2000
Senior Electoral Services Officer	Retention of documents after an election and make available for public inspection	Rule 46 Local Elections (Principal Area) Rules 1986
Senior Electoral Services Officer	Retention of documents after an election and make available for public inspection	Rules 46, 47 & 48 Local Elections (Parishes and Communities) Rules 1986
Senior Electoral Services Officer	Receipt of request by 10 Local Government electors for the electoral area to hold an election to fill a casual vacancy in the office of Parish Councillor	Rule 8 Local Elections (Parishes and Communities) Rules 1986
Senior Electoral Services Officer	Deputy Returning Officer for District and Parish Elections	s83 Representation of the People Act 1983
Senior Electoral Services Officer	Receipt of Election expenses, Declarations and Returns and the holding on deposit for public inspection	s.82 & 89 Representation of the People Act 1983
Head of Legal and Democratic Services	Proper Officer - Arranging and notifying meetings to consider Section 114 Reports	s.116 Local Government Finance Act 1988
Deputy Chief Executive	Person having responsibility for the administration of the financial affairs of the authority	s.73 and 112 Local Government Finance Act 1988
Head of Environmental Services	Proper Officer	s.149 Environmental Protection Act 1990
Head of Environmental Services	Authorised Officer - control and operation of a shopping/luggage trolley collection and storage service	s.99 and Schedule 4 Environmental Protection Act 1990
Head of Environmental Services	Authorised Officer	S71 Shops Act 1950 & Schedule 2 Sunday Trading Act 1994. Authorised to appoint staff as Inspectors under the Act and to issue certificates of appointment
Development Control Manager/Strategic Sites and Design Manager	Authorised Officer – maintenance of Deposit Registers	Regulation 10 of the Hedgerow Regulations 1997

C. General Provisions

1. Save as specified in Parts A and B above the Chief Executive, Deputy Chief Executive, Heads of Service and Service Managers be appointed Proper Officers and Authorised Officers generally for the purposes of present and future enactments directly controlling or authorising the discharge of the functions of their respective services and directorates and each such Proper Officer or Authorised Officer be empowered to authorise suitably qualified staff to enter premises or land to take any action in accordance with the statutory functions associated with the duties and work of their respective services and directorates..

2. In the event of any such designated Officer not being available to deal with matters for which he has been designated Proper Officer or Authorised Officer, the appropriate senior Officer graded at Management Grade be authorised to act as Proper Officer or Authorised Officer as appropriate or in the case of the Chief Executive, the Deputy Chief Executive or the Head of Legal and Democratic Services.

Proper Officer/Monitoring Officer Roles

NB: Some Proper Officer functions are mentioned specifically by reference to the relevant Officer in the text of the Constitution and in the list below. Where the text refers to the ‘Proper Officer’ without identifying the relevant Officer, that Officer is identified in the list below.

Proper Officer	Nominee	Function	Articles of the Constitution
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Public availability for Executive decisions.	12.03

Proper Officer	Nominee	Function	Council Procedure Rules
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Report re: allocation of politically balanced seats	1.2(iii)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Receipt of questions from the public	2 (viii)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Calling Extra Ordinary meetings	3.1
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Determination of date and time of Extra Ordinary meetings	3.1
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Public notice of meetings	4.4
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Determination of time and place of (Ordinary Meetings)	5
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Notice of and Summons to meetings	6
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Receipt of notice of Member questions	10
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Motions on Notice	11
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Receipt of Notice to rescind a decision made at a meeting of the Council held in the preceding 6 months	16.1
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Receipt of notice of written questions	10

Proper Officer	Nominee	Function	Access to Information Procedure Rules
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Supply of documents	6(c)
Officer making report		List of background papers	8.1
Officer making report		Exclusion of access to reports	11
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Publication of Forward Plan particulars	14.2
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Key decisions not in Forward Plan – informing relevant chairman	15(b)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Key decisions not in Forward Plan – availability of copies for public	15(c)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Reports requested on key decision	17.1
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Record of Executive decisions taken with Officer(s) present	18

Proper Officer	Nominee	Function	Budget and Policy Framework Procedure Rules
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Service of copies of Executive budget and policies	2(b)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Written notice of Leader’s objection to Council decision on budget/policy	2(f)

Proper Officer

Nominee

Function

Budget and Policy Framework Procedure Rules

Head of Legal and Democratic Services

Member Services and Scrutiny Manager

Service of copies of Executive budget and policies

2(b)

Head of Legal and Democratic Services

Member Services and Scrutiny Manager

Written notice of Leader’s objection to Council decision on budget/policy

2(f)

Proper Officer	Nominee	Function	Executive Procedure Rules
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Notices/reports on delegation of Executive functions	1.4(b)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Placing items on agenda at request of Leader and others (including the calling of meetings)	2.5

Proper Officer

Nominee

Function

Executive

Procedure Rules

Head of Legal and Democratic Services

Member Services and Scrutiny Manager

Notices/reports on delegation of Executive functions

1.4(b)

Head of Legal and Democratic Services

Member Services and Scrutiny Manager

Placing items on agenda at request of Leader and others (including the calling of meetings)

2.5

Proper Officer	Nominee	Function	Overview and Scrutiny Procedure Rules
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Convening Extra Ordinary meeting of Overview and Scrutiny Committee	4
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Inclusion of agenda items and Member request	8
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Receipt of recommendations to be put to the Executive	10(a)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Calling Council meetings	11(a)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Receipt of Overview and Scrutiny Committee report to be placed before the Executive and dealing with the response	11(b)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Notification of requirement to attend meetings	13(b)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Notification of Executive decision and key decisions by Officers to Members	15(a)
Head of Legal and Democratic Services	Member Services and Scrutiny Manager	Receipt and notification of call-in requests	15(d)

Standards Committee

Proper Officer	Nominee	Function
Monitoring Officer		Standards Committee
Monitoring Officer	Member Services and Scrutiny Manager	Receipt of Declarations of Members Interests and maintain on Deposit
Monitoring Officer	Various	Any other Proper Officer provisions under the Constitution not dealt with elsewhere

Next - Part 4 - Rules Of Procedure.

This webpage was updated on 8/10/2011

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