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Scheme of delegation of council

and executive functions to officers
Introduction
This scheme has been adopted by Canterbury City Council and its Executive and is the list
of delegations to officers under section 101 of the Local Government Act 1972 (as
amended), section 15 of the Local Government Act 2000 and all other powers enabling
delegations to officers. It is adopted with the intention of giving a clear transparent and
accountable decision-making process.
Reference to powers of “the council” include those exercisable by the Executive.
1.
Officers may only exercise the delegated powers in this scheme in
accordance where applicable with the Local Authorities (Executive Arrangements)
(Meetings and Access to Information) (England) regulations, in particular those
relating to Key Decisions (Regulations 10-13 refers).

2.

1.1

Statutory or other legal requirements, including the principles of public law,
the Human Rights Act 1998 (as amended), statutory guidance and statutory
codes of practice.

1.2

The constitution of the council including standing orders, contract standing
orders and financial regulations and having particular regard to the protocol
on accountable decision making.

1.3

The revenue and capital budgets of the council, subject to any variation
thereof which is permitted by the council’s Financial Regulations.

1.4

Consideration of the council’s policies.

Officers may not exercise delegated powers where –
2.1

The matter is reserved to the council or the Executive by law or by the
council’s Constitution.

2.2

The matter is a function which cannot by law be discharged by an officer.

2.3

The council, the Executive, a committee or sub-committee has determined
that the matter should be discharged otherwise than by an officer.

Where an officer has delegated powers the council or the Executive or a committee
(as appropriate) can still exercise that power if it considers it is appropriate to do so.
3.

Officers may not exercise delegated powers in a way which is contrary to the policies
and plans approved by or on behalf of the council.

4.

If for any reason it is not practical to consult a person required to be consulted in the
exercise of a delegation then the person with the delegated powers if time allows
must consult someone else they reasonably consider to be an appropriate substitute
consultee.

5.

Delegations of Deputy Chief Executive and Director of Resources or Assistant
Directors may be exercised by other officers whom they authorise to act on their
behalf; unless Assistant Director is not intending to exercise delegation at all when it
will be delegated to someone else directly within this scheme.
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6.

The delegated powers held by an officer may be exercised by the Chief Executive,
the Deputy Chief Executive or the Director of Resources or by the line manager of
that officer (or by the line manager’s line manager) if:
 That post is vacant
 The post holder is not at work for any reason.

7.

The delegations in this Scheme of Delegation include the discharge of both executive
and non-executive functions. Executive functions are shown by an “[E]” and council
functions by a “[C]” after each delegation.

8.

Any reference in this Scheme of Delegation to any enactment shall include a
reference to any amendment to or re-enactment of the same.

9.

Where an officer has delegated authority to discharge functions
 by virtue of any other provision of this Constitution or
 through a specific decision of the council, a committee, a sub-committee or the
Executive, either before or after the adoption of this Scheme,
the absence of the delegation from this Scheme shall not prevent the exercise of the
delegation.

The Assistant Directors shall be responsible for the discharge of their functions which may
be delegated from time to time to other officers within their department.
General section (The Chief Executive, Deputy Chief Executive, Director of
Resources and Assistant Directors)
Service Plan/Policy
1.

Implementation of departmental service plans and delivery of service as defined
therein. [E/C]

2.

To act when required with the rota as Emergency Activation Officer or Emergency
Co-ordinator.

Financial
3.

Save where the council has otherwise provided, where it has approved within its
budget a sum in respect of works for a project or scheme, the officers are then
authorised to procure or execute works up to the value of that budget in relation to
that project or scheme.

4.

Acceptance of the most economically advantageous or lowest tender or bid for the
carrying out of works for the council, the purchase, leasing or hiring of goods,
materials and equipment by the council, or the supply of services to the council,
provided that budget provision is available. [E]

5.

Entry into contract documentation following tender/bid acceptance (subject to the
provisions of Financial Regulations and Contract Standing Orders relating to the
execution of contracts under seal). [E/C]

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6.

Authority to negotiate and agree price increases where a contract provides for price
increases to be negotiated and agreed by the parties, subject to Contract Standing
Orders and ensuring sufficient budgetary provision exists. [E/C]

7.

The assignment or novation of a contract.

8.

The approval of the appointment of or the acceptance of the tender of a subcontractor or supplier for specialist work or material provided that this does not result
in the budget provision for the works as a whole being exceeded. [E/C]

9.

Provided that authority to let a contract has been obtained:
9.1
9.2

[E/C]

Acceptance of the most economically advantageous or highest tender or bid
for the award of concession/ sponsorship contracts subject to the approval of
the Chief Executive, and the Director of Resources.
Entry into contract documentation following tender/bid acceptance (subject to
the provisions of Financial Regulations relating to the execution of contracts
under seal).

10.

To bid and tender for and enter into contract documentation for the supply of works,
goods or services to other bodies where provided for in the relevant service plan
(subject to the provisions of Financial Regulations AND Contract Standing Orders).

11.

Virement between heads of expenditure of up to £35,000 (or £60,000 with the
approval of the Chief Executive in consultation with Management Team) provided
that such virement is in accordance with the conditions for virements in Financial
Regulations. [E/C]

12.

Provision of reasonable hospitality to representatives of other authorities, visiting a
department or premises under the Deputy Chief Executive and Director of
Resource’s or Head of Service’s control subject to agreement by the Chief Executive
for expenditure in excess of £500 and subject to any guidelines on hospitality which
may be adopted from time to time. [E]

13.

To negotiate and agree variations in contracts arising out of statutory requirements
subject to adequate budgetary provision being available. [E/C]

14.

Disposal of surplus or obsolete equipment, to the highest tenderer or where no bid is
received to charity or scrap. [E]

Human resources
15.

To appoint all departmental staff except Deputy Chief Executive and Director of
Resources and Assistant Director posts subject to the council’s recruitment
procedures. [E/C]

16.

Dealing with all staffing matters which can be contained within budget.

17.

Appointment of apprentices and the completion and cancellation of indentures.

18.

Granting acceleration of increments for any staff within their substantive grade for
merit and ability. [C]

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[C]
[C]

19.

Determination of requests or recommendations for honoraria, (subject to the approval
of the Chief Executive in the case of honoraria of more than 12 months duration or
£1000 in total), gratuities and responsibility allowances. [C]

20.

The determination of applications for paid and unpaid leave:
20.1

for trade union training with special regard to the council’s policies on
equalities and to courses directed towards equalities issues;

20.2

for health and safety training;

20.3

for paid leave for an employee to discharge her/his duties of the office of
President of a Trade Union;

20.4

for an employee to attend meetings etc with pay as a member of another local
authority, or similar public body on condition that the employee only receives
the difference between pay and any amount receivable under local
government regulations etc. This does not include an employee attending
such a body in her/his official capacity which would be as part of their official
duties;

20.5

for personal or domestic reasons in accordance with conditions of service;

20.6

for maternity, parental and dependant’s support leave;

20.7

for compassionate leave where there are urgent personal or domestic
reasons for needing additional paid leave in accordance with conditions of
service. [C]

21.

Determination of extensions of sickness allowance.

22.

Determination of requests for extensions of service except that of first and second
tier officers. [C]

23.

Determination of casual or essential car users allowance or leased car or cash in lieu
to officers subject to compliance with the provisions agreed by the council. [C]

24.

Determination of planned overtime for officers above Scale 6.

25.

Determination of claims for payment of subsistence allowances on the basis that only
claims in respect of expenditure incurred within six months of the date of the
application will be met. [C]

26.

Determination of proposals to attend service-training courses.

27.

Determination of staff grievances in accordance with all relevant council
policies. [C] *

28.

Discipline, suspension and/or dismissal of employees up to fourth tier level in
accordance with all relevant council policies. [C] *

29.

Authority to assimilate staff on appointment, promotion or regrading where
appropriate within the approved grade having regard to all the circumstances. [C]

*

[C]

[C]

[C]

It is presumed Heads of Service will exercise this delegation over more junior staff and any appeals will be made to the Assistant Director.

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30.

Compliance with the provisions of the Health and Safety Policy of the
council. [C/E]

Powers of entry/requisitions for information/RIPA
31.

To authorise officers in their departments or sections to enter land or premises in the
course of their duties under any relevant statutory provisions or subordinate
legislation. [C/E]

32.

To serve statutory notices or orders and/or arranging for the execution of work
consequent on non-compliance with such notices or orders in relation to aspects of
their service. [C/E]

33.

To authorise surveillance under The Regulation of Investigatory Powers Act 2000 (as
amended) where they have undertaken training to do so. [C/E]

34.

To serve requisitions for information as required in the course of their duties under
any relevant statutory provisions or subordinate legislation.

Legal proceedings
35.

Where the Chief Executive, Deputy Chief Executive and Director of Resources or an
Assistant Director consider that legal proceedings are needed in connection with: (a)
(b)
(c)

any breach of notice;
any breach of condition imposed by a licence granted under these delegated
powers;
the effective management of the service for which he is responsible,

they may, subject to consultation with the Head of Legal Services instruct the Head
of Legal Services to take those proceedings subject to reporting the outcome to the
Executive or next regulatory committee meeting as appropriate.
[C/E]
36.

To take any action which the council has the power to take in order to manage their
service area including the power to apply for any registration licence or consent in
connection with the service area.

37.

To publicise the service they provide.

38.

To temporarily change opening hours for premises subject always to the provisions
of the Licensing Act 2003. (as amended) [E]

39.

Except in the case of urgency in consultation with the Head of Legal Services to ban
people from premises they manage. [E]

40.

To exercise the council’s powers with regard to any lost, uncollected or abandoned
property (including vehicles). [E]

[E/C]

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Specific powers of the council delegated to officers
A.

Powers delegated to the Chief Executive and in his absence the Deputy
Chief Executive save for powers 11, 12 and 13 where the Elections
Manager shall act

1.

To be and carry out the duties of the Head of Paid Service in accordance with
Section 4 of the Local Government & Housing Act 1989 (as amended), the Local
Government Act 2000 and the council’s Constitution.

2.

To discharge any function of the council which has not been specifically delegated to
another officer. [E/C]

3.

To take any action which is required as a matter of urgency in the interests of the
council, in consultation with the Leader, if time permits. Any such decision shall take
effect immediately even if not then recorded by the Proper Officer. [E/C]

4.

To take any necessary action in respect of any function under the Localism Act 2011
coming into force before any specific delegations to officers have been made under
that act.

5.

To manage the services reporting to the Chief Executive.

[E/C]

Human resources
6.

To work out appropriate managerial and operational consequences and to refine as
necessary the structure of the council in order to deliver the aims, objectives and
changing priorities of the council. [C/E]

7.

To deal with redundancies and approve applications from employees for early
retirement (including ill health retirements) in accordance with council policies and
following referral to the council’s occupational health provider as necessary and
reporting all approvals to the Executive. (C)

8.

To be the Proper Officer responsible for the list of politically restricted posts.

9.

To maintain the list of senior nominated officers in connection with establishment
arrangements for the protection of children. [C]

10.

To approve, on the advice of the appropriate Deputy Chief Executive and Director of
Resources or Assistant Director, the payment of honoraria in accordance with the
provisions of the national and local conditions of service in cases where additional
duties and responsibilities are undertaken for more than 12 months or the total
payment amounts to more than £1000.00. [E]

11.

To be and carry out the duties of electoral registration officer.

12.

To be and carry out the duties of Returning Officer for the election of
councillors. [C]

13.

To discharge the functions of the council relating to parliamentary, local government
and European parliamentary elections and referenda. [C]

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[C]

[C]

14.

To make an order under Section 91 of the Local Government Act 1972 (as amended)
to appoint temporary Members to parish councils in those cases where the council
cannot act. [C]
(This delegation is exercisable by the Returning Officer after consultation with the
Executive and relevant ward members).

15.

To appoint the council representative from time to time under the Management
Agreement with East Kent Housing Limited [in the absence of the Chief Executive
this power is exercisable by the Director of Resources].

16.

To appoint the council representative on the officer panel from time to time under the
East Kent Housing Limited Owners Agreement [in the absence of the Chief Executive
this power is exercisable by the Director of Resources].

General
17.

To have overall responsibility for emergencies and disasters and the carrying out of
civil defence functions. [E]

18.

To deal with issues relating to the Commission for Local Administration provided that:

18.1

Complaints involving Members (other than under the Code of Conduct) shall be
notified to the Member concerned, the Executive and their party leader.

18.2

Investigations of complaints involving the Chief Executive shall be undertaken by the
Deputy Chief Executive or Director of Resources as nominated by the Leader.

18.3

The Leader shall be consulted about statements to be published by the Local
Commissioner. [C/E]

19.

To determine arrangements for civic hospitality.

20.

To take preliminary steps to protect the rights and interests of the council subject to
consultation with the Executive in relation to any white paper, bill or statutory
instrument or order in parliament. [E/C]

21.

To determine Member attendance at conferences subject to consultation with the
Executive. [E]

22.

To appoint members of the Independent Remuneration Panel.

23.

To close noisy premises where a public nuisance is being caused by noise coming
from the premises and the closure of the premises is necessary to prevent the
nuisance under Section 40 of the Anti-Social Behaviour Act 2003 (the Chief
Executive has authorised the Head of Neighbourhood Services to exercise this
function).

[E]

[C]

As to orders:
24.

To make, under Section 13 of the Public Order Act 1996 (as amended by the Serious
Organised Crime and Police Act 2005), on the application of the Chief Officer of
Police, an order (with the consent of the Secretary of State) to prohibit the holding of
public processions in all or any part of the Canterbury district for a period not
exceeding three months. [E]
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25.

To make orders for road closures under Section 21 of the Town Police Clauses Act
1847 (as amended), subject in each case to no contrary observations being received
from the Assistant Director Direct Services/Head of Neighbourhood Services or the
Police. [E]
(This delegation is
Democracy/Head of
Executive). [E]

26.

exercisable
Democratic

by the Assistant Director Strategy and
Services in the absence of the Chief

To undertake the necessary procedures to make any minor amendments to the Off
Street Parking Places Order which become necessary throughout each year with any
objections received being reported to the Executive for consideration. [E]
(This delegation is exercisable in consultation with the Assistant Director Direct
Services/Head of Neighbourhood Services).

B.

Powers delegated to the Director of Resources (ensure para exists
stating that Deputy S151 will cover in the absence of the DoR)

1.

To be the Chief Finance Officer and be responsible for the administration of the
financial affairs of the council under Section 151 of the Local Government Act 1972
(as amended) and for the purposes of the council’s Constitution and to have the
power to authorise an officer to perform this role in his/her absence. [C]

2.

To exercise the duties of the Chief Finance Officer under Section 114 of the Local
Government Finance Act 1988. [C/E]

3.

To manage the, human resource and procurement functions of the Council.

4.

To exercise the responsibilities assigned to the Director of Resources in the council’s
Financial Regulations. [C/E]

5.

To raise loans and make investments (temporary investment of surplus monies and
longer-term investment of monies held for specific purposes) as and when required
at appropriate rates in accordance with the council’s Treasury Management Strategy
and act as Registrar or appoint a Registrar as appropriate. [E]

6.

To complete and sign leasing agreements for items included within the approved
capital or revenue budgets. [E]

7.

To arrange appropriate insurance cover on behalf of the council.

8.

To settle claims for the loss or damage to clothing and/or personal belongings of staff
up to a value of £500. [E]

9.

To make any awards arising out of the Suggestion Scheme.

10.

To administer the Scheme for Members Allowances and allowances payable to the
Lord Mayor and the Sheriff and Vice-Chairman; to amend the members’ allowances
on 1 April each year by the index linking measurement included in the members’
allowances scheme; and to amend allowances paid to the Civic Team to reflect
individuals’ tax positions. [C]

11.

To provide financial services either on an agency basis or where required by statute
for other authorities or bodies. [C/E]
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[C/E]

[E]

[E]

12.

To determine and declare local average interest rates in accordance with legislation
and the interest rate for loans to Housing Associations. [E]

13.

To authorise persons to act for the council at company and creditors meetings. [C/E]

14.

To assess service charges in respect of dwellings which have been leased on long
leases and where the council retains the freehold interest. [E]

15.

To pay salaries and wages and implement agreed pay awards.

16.

To administer staff benefits and expenses and to review rates annually in accordance
with the budget inflation allowances. [E]

17.

To discharge the functions of the council under the Accounts and Audit Regulations
1996 as amended (with the exception of Regulation 8(2)). [C]

18.

To exercise the functions of the authority in relation to pensions and following
consultation with the Leader and Chief Executive, to determine matters related to
staff in respect of early retirement, flexible retirement and discretionary payments and
awards. [C]

19.

Together with the Head of Legal Services to administer any secured loans,
mortgages or advances made by the council. [E]

20.

That the powers of the Executive in making any estimates and calculations required
in proposing the Council Tax base to Full Council be delegated to the Director of
Resources.. [C]

21.

To authorise the implementation of the decisions of negotiating bodies relating to pay
and other conditions of service, except where the council has discretion about how to
implement the decision. [E]

22.

To approve an extension of time in exceptional circumstances (for example where
the officer is prevented from acting immediately upon the advice due to absence/
injury) so that late conversions of accumulated AVC’s to pension benefits be
permitted by extending the period during which such elections can be made from 30
days from the relevant date, to 30 days of being advised of the value of the converted
scheme membership. [E]

23.

Power to enter into agreements with workers for the purposes of regulating working
time. [C]

24.

Power to enter into local agreements with trade unions where the implementation is
not expected to have the effect of increasing expenditure. [C]

25.

Power to disapply any part of the council’s recruitment policy or employment standing
orders where this is in the interests of the council and after considering the possible
legal implications of so doing. [C]

26.

Determination of the payment of removal expenses, lodging allowances or travelling
allowances. [C]

27.

To extend any aspect of the disturbance allowance scheme in exceptional
circumstances or where an officer through no fault of his own experiences
considerable difficulties or hardship. [C/E]
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E]

28.

Determination of requests for the provision of temporary housing accommodation
to employees, in consultation with the relevant Assistant Director/Head of Service.
[C]

29.

Determination of requests for the reimbursement of post-entry training and
examination fees. [C]

30.

Determination of proposals to attend corporate training courses.

31.

Determination of proposals for the retention fees for trainers.

32.

To be allowed to vary the policy of using major capital receipts to fund major capital
projects where it is in the council’s interest to use receipts in order to reduce
borrowing.

[C]

[C]

Limitations
The council is committed to the principle of equitable treatment of employees in all its
services, and decisions about the management and disciplining of staff are subject
to:











the law
national and local agreements on conditions of service
disciplinary and grievance procedures
the dignity at work policy
recruitment procedures
contracts of employment
pay policies redeployment procedures
equal opportunities policy
health and safety policy
any other policy relating to employment matters.

Land and property
33.

To manage any land, property or accommodation held or used by the council in the
best interest of the council and to take any step which the council is entitled to take
as the person with an interest in any land in consultation with the Head of Legal
Services and the Head of Service within whose remit the land, property or
accommodation is held or used. This delegation does not include the power to
dispose of any legal estate. In all matters relating to the management of land and
property these delegated powers are subject to the duty under section 123 of the
Local Government Act 1972 to obtain the best consideration for land as can
reasonably be obtained (the section 123 duty) and any other disposal will require
specific authority from the Executive. [E]

34.

Subject to the limitations below and with the exception of any land or building within
the Harbour to which the Whitstable Harbour Board’s approval should be obtained to:


dispose of freehold, leasehold and other interests in land (including the grant of
wayleaves and easements) in accordance with the law; and
grant licences
grant a rent-free period of up to 12 months on any lease where this is compatible
with the s123 duty. Any other grant of a rent-free period must be specifically
authorised [by the Executive]

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35.

To manage any lease or licence granted by the council including agreeing rent
reviews or lease renewals subject to the terms approved being broadly similar but no
less advantageous to the council. [E]

36.

To administer the sales of individual council houses held under secure tenancies
including matters relating to sold council housing including
 mortgage administration
 consents under conveyancing and leasing provisions.

37.

[E]

To administer the council’s Cash Incentive Scheme in conjunction with the Head of
Legal Services and the Assistant Director of Commissioned Services. [E]

Limitations
38.

This delegation does not apply if one or more of the following criteria are present in
the transaction:


disposing of a freehold or leasehold or other interest in land (including the grant
of wayleaves and easements) where the capital sum or premium paid is more
than £100,000
granting a lease of longer than 25 years
granting a lease with a rent of more than £50,000 per annum

(This delegation is also exerciseable in conjunction with the Head of Legal Services
and the Head of Service to whom the land is appropriated)
39.

To negotiate and agree terms for the modification variation, release or variation of
covenants contained in conveyances and transfers. [E]

40.

In connection with decisions to dispose, where Regulation 99 of the Local Authorities
(Capital Finance) Regulations 1997 (disposal and replacement of land and buildings)
applies, to decide, in consultation with the Executive and in accordance with the
council’s capital programme, to use the capital receipt to acquire or carry out works
on land used or to be used for the same purpose or a purpose within the same use
category. [E]

Acquisitions
41.

To acquire by agreement or under a compulsory purchase order, land and property
SUBJECT always to the purchase price, or the purchase price when added to other
transactions in respect of the same project, being within the estimate of costs
previously reported to and approved by the Executive.

41.1

The acquisition of properties which the council is under a legal obligation to acquire
under Town and Country Planning legislation. [C]

41.2

To terminate or accept the surrender of a leasehold interest in land and
where it is of benefit to the council. [E]

property

To apply for any kind of necessary statutory permission or consent to carry out
building works. [E]
42.

To take such actions that the council as landowner has power to take as are
necessary to comply with the law in order to do any works or ensure the health and
safety of any person. [E]
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43.

To enter into contracts for the supply of energy to the council.

[E]

C.

Powers delegated to the Assistant Director Strategy and Democracy

1.

To control and co-ordinate press and media relations, the organisation of press
conferences, publicity and public relations including approval of the issue of all official
publicity and official publications. [E]

2.

To seek and promote sponsorship of Council functions and to seek manage and
promote advertising within Council services, publications and the Council’s corporate
website. [E]

3.

To manage and co-ordinate the contents of the Council’s corporate website
(www.canterbury.gov.uk) and its on line presence including social media. [E]

D.

Powers delegated to the Assistant Director Commissioned Services

1.

To discharge any technical, administrative and other duties in relation to the
Council’s membership of the Association of Retained Council Housing (ARCH
Limited) and to any agree any changes to the memorandum and articles of
association of the company or the arrangements with it, provided that the Council is
not adversely affected.

2.

To exercise the council’s powers with respect to the provision maintenance and
development of the council’s museums and galleries and their associated collections
and exhibition programmes. [E]

Limitation
1.

This delegation shall not allow the Head of Culture and Communications to dispose
of any part of the collections nor place them on permanent loan. [E]

2.

To allow the museums and galleries to be used for educational or cultural events or
entertainment (whether in return for payment or not) and, when a charge is to be
made, to set that charge. [E]

3.

To provide catering at any facility or event managed by this service.

4.

To exercise the council’s powers with regard to the management of the Marlowe
Theatre and to negotiate and enter into contracts for or in connection with
productions at the Marlowe Theatre subject to sufficient budget being available. [E]

5.

To encourage, provide, promote and develop cultural, sporting and play activities for
the benefit of the community. [E]

E.

Powers delegated to the Assistant Director Direct Services

1.

Markets
(a)

[E]

To discharge the functions of the council managing the markets and with
regard to the Canterbury, Whitstable and Herne Bay markets including
determining the following matters
 Allocating letting or revoking pitches
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



(b)
2.

Minor variations in type of business
Licences for privately operated specialist markets
Offering stall rent discounts to new traders/trades
Waiving stall rental during stall holders’ holiday periods

To amend the market regulations.

[E]

[E]

Licences for cultural activity
To grant licences of occupation for the use of the council’s parks, gardens and open
spaces, the Longmarket, St George’s Street and pedestrianised areas, clocktower
and the Buttermarket for cultural activities. [E]

Licensing
3.

To exercise every function and power relating to hackney carriages and private hire
vehicles, their drivers and private hire operators. In respect of vehicles, this
delegation shall include the granting, but not refusal, of applications to license a
private hire vehicle where more than five years have passed since the first
registration of the vehicle with the Driver and Vehicle Licensing Authority (DVLA).

4.

To refuse applications for –
1.
2.
3.
4.

A hackney carriage or private hire vehicle licence.
The transfer of a hackney carriage or private hire vehicle licence unless the
vehicle fails to meet the council’s required standards.
A hackney carriage or private hire driver’s licence.
A private hire operator’s licence. [C]

[This power is exercisable only in consultation with the Chairman and Vice-chairman
of the Licensing Committee]
5.

To suspend or revoke
1.
2.
3.

A hackney carriage or private hire vehicle licence.
A hackney carriage or private hire driver’s licence.
A private hire operator’s licence. [C]

[This power is exercisable only in consultation with the Co Vice-Chairmen of the
General Purposes and Licensing Committee.]
6.

Licensing
(a)

To exercise all the council’s functions with regard to
 the classifying of unclassified films (in consultation with the Head of Legal
Services)
 hypnotists
 street collections and house to house collections
 societies’ lotteries under the Lotteries and Amusements Act 1976 (as
amended)

(b)

To exercise all the council’s functions with regard to the Licensing Act 2003
(as amended) and any regulations made under that Act in accordance with
the table as set out in the council’s licensing policy and section 182 of the Act.
- 60 -

(c)

To exercise those of the council’s functions with regard to the Gambling Act
2005 (as amended) and any regulations made under that Act in accordance
with the table as set out in the council’s Gambling Policy,

to include the imposition or variation of any condition imposed on any licence where
that is legally permissible, save that in the case of an application for licence which is
subject to representation or objection, or where he is minded to refuse an application,
then the application will be referred to the Licensing Committee or its sub-committees
as necessary for decision. [C]
7.

To exercise all the council’s functions with regard to the welfare of animals including








8.

Animal boarding
Riding Establishments
Zoos
Dog breeding and welfare
Animal trainers and exhibitors
Dangerous wild animals
Pet shops [C]

To appoint inspectors and authorised officers under any legislation.

[C/E]

Street trading
9.

To discharge the functions of the council in connection with the management and
administration of street trading. [E/C]

10.

Food and occupational health
(a)

To exercise the council’s powers
(i)
(ii)
(iii)
(iv)
(v)

(b)

11.

with respect to securing the safety of food and the condition of food
premises including but not limited to powers of approval registration
and enforcement
as enforcing authority of all legislation relating to health and safety at
work
with respect to the control of infectious and notifiable diseases
Sunday Trading [C/E]
with regard to the enforcement of the relevant sections of the Health
Act 2006

To register persons and premises for acupuncture, tattooing and skin piercing
and electrolysis under Section 13-17 of the Local Government (Miscellaneous
Provisions) Act 1982 (as amended). [C].

Environmental protection
28.1

To exercise the council’s functions with respect to (a)
(b)

Statutory nuisance legislation, including taking remedial action,
apportionment and recovery of costs.
The closure of noisy premises in accordance with sections 40 and 41
of the Anti-Social Behaviour Act 2003 as authorised by the Chief
Executive (See A21)
- 61 -

(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
12.

Defective and blocked drains and sewers, drainage systems and the
provision of sanitary accommodation and drainage.
Filthy and verminous premises, articles or persons.
Public health.
Water supplies.
Clean air legislation.
Pollution control.
Contaminated land.
Pest control.
Registration of scrap metal dealers and other processes with
environmental consequences as specified by law. [C]

Cleansing and Waste Collection
To exercise the council’s functions with regard to the Clean Neighbourhoods and
Environment Act 2005 in respect of Direct Services, unless they are commissioned
externally.

13.

14.

12.1.

To manage the cleaning of streets and open spaces, including the control of
littering and dog fouling. [E]

12.2

To exercise the council’s powers with respect to stray dogs.

12.3

To exercise the council’s powers with regard to abandoned cars.

12.5

To exercise the council’s powers under the Control of Pollution Act 1974 to
arrange with the agreement of the person owning or occupying the land, for
the cleaning of such land if it is in the open air (other than a highway) and to
which the public have access.

[E]

Cemeteries
13.1.

To make grants of burial and other rights.

[E]

13.2

To exercise the council’s powers with respect to arranging burial or cremation
where no one else is making the arrangements. [E]

13.3.

To exercise the council’s powers with respect to the management of its
cemeteries. [E]

Pleasure boats
14.1

To grant, renew, suspend or revoke but not refuse pleasure boat and
pleasure operator and boatman’s licences as defined under the Public Health
(Amendments) Act 1907.

14.2

To set fees for the issue of pleasure boat and pleasure boatman’s licences
and for the inspection of the boats and associated safety equipment.

Community Safety
15.

[E]

To manage and develop the council’s CCTV service.

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[E]

16.

To enforce parking controls relating to both on and off street parking within the
council’s administrative area.
Note That the council has entered into arrangements with the chief officer of police
pursuant to Section 41 of the police Reform Act 2002 for or with respect to the
carrying out of Community Safety functions by such of the council’s officers as he is
satisfied is a suitable person to exercise such of the powers set out in Schedule 5 of
the Police Reform Act 2002 as he may think fit.

17.
18.

To develop and support opportunities for socially excluded individuals, groups and
communities. [E/C]
To manage city council community centres.

[E]

19.

Parks, gardens and open spaces

19.1

To manage parks, gardens and open spaces including the council’s allotments sites
but not including the fixing of rents. [E]

20.

Foreshore

20.1

To manage the council’s beach hut sites agreeing licences to occupiers save for the
beach huts at Whitstable Harbour. [E]

21.

Halls
To oversee and where appropriate manage the council’s halls including The King’s
Hall in Herne Bay, Whitstable Castle and The Horsebridge, Whitstable.

Coastal Protection
22.

To exercise the council’s functions with respect to watercourses, land drainage and
coastal defences, including the power to serve statutory notices about obstructed
watercourses. [E]

Transportation
23.

To exercise the council’s powers with respect to the maintenance of highways and
footways including street nameplates, boundary signs and bollards.

24.

To exercise the council’s powers to provide and maintain footway lighting
systems. [E]

Parking
25.

To manage both on and off street parking within the council’s administrative area
including:
1.

agreeing the use of car parks for non-commercial uses (excepting for the
Gorrell Tank Car Park when the Executive should be consulted).

2.

Agreeing concessions in respect of ‘on and off street parking’.

3.

Suspending temporarily on or off street parking bays.

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[E]

[E]

F.

Powers delegated to the Assistant Director Planning and Regeneration

Whitstable Harbour
1.

To approve terms for the letting of the fisherman’s huts at Whitstable Harbour.

[C]

2.

To agree Harbour charges for cargoes where there is no approved scale of charges
and to offer concessions on Harbour charges where it is commercially expedient to
do so, subject to such charges and concessions being subsequently reported to the
Whitstable Harbour Board. [C]
(This delegation is exercisable in consultation with the Director of Finance and
Deputy Chief Executive).

3.

To take any necessary action in connection with wrecks, obstructions or similar
emergencies arising or affecting Whitstable Harbour. [C]

4.

To take all necessary action to ensure the safety of the Harbour.

5.

To take all necessary action to ensure the environmental protection of the harbour
and its surroundings including making appropriate arrangements for dealing with
Harbour waste. (C)

6.

To sign the three yearly assessment of compliance with the Council’s obligations
under the Port Marine Safety Code following the assessment’s approval by the
Whitstable Harbour Board. [C]

(NB

Any exercise of these powers should be reported to the next available meeting
of the Whitstable Harbour Board).

7.

To manage the beach huts at Whitstable Harbour including agreeing and signing
licences to beach hut occupiers.

8.

Parks, gardens and open spaces

8.1

To develop policies and strategies together with planned improvements for the
council’s parks, gardens, play areas
and open spaces used for leisure
purposes. [E]

(C)

As to Development Control:
1.

To determine all types of applications and notifications submitted under the Town
and Country Planning Acts 1990, 2006 and 2008 (as amended), or the Planning
(Listed Buildings and Conservation Areas) Act 1990 (as amended), or The Town and
Country Planning (Control of Advertisements)
Regulations 2007, or The
Environment Act 1995 and the Hedgerow Regulations 1997 or The Town and
Country Planning (General Permitted Development) Order 1995 as amended where
no contrary views to the officers recommendation are received or where contrary
views are received from one of the following organisations: a parish council, the
Canterbury Conservation Advisory Committee, the Whitstable Society or the Herne
Bay & District Residents Association.

2.

To refuse applications clearly contrary to Local Plan Policy irrespective of the number
of representations made.

- 64 -

3.

Subject to 2 above such delegated power shall not be exercised in the following
circumstances which may be varied from time to time by the Planning Committee:
(a)

Where a parish council or organisation listed in (1) above object to a proposal
and give notice that it would attend committee to support that objection.

(b)

Where a Member of the council requests an application is brought before
committee for consideration.

(c)

The decision would conflict with four or more letters of objection within the
specified representation period.

(d)

The Assistant Director of Regeneration and Planning considers it prudent to
report the matter to committee. [C]

4.

To determine, pursuant to Section 101 of the Local Government Act 1972 (as
amended), planning applications for a period not exceeding two years subject to
there being no material changes in the planning issues. If there are any material
changes the application will be referred back to the Planning Committee for further
consideration.

5.

The power to amend S106 planning agreements in cases where he and the Head of
Legal Services are satisfied that the amendment is technical and makes no material
change in the outcomes of the planning agreement or the related planning
permission.

6.

To decide what information is needed before a decision can be taken on any
application including making a screening decision to assess whether the proposed
development requires an Environmental Impact Assessment . [E]

7.

Where a breach of planning control is underway and no satisfactory undertaking is
received by him from the person responsible that such breach will cease:
(a)

He be authorised to consider and determine any breach of planning control
which may have taken place and whether it is expedient to issue any notice
pursuant to the provisions of the Town and Country Planning Act (as
amended) and the Planning (Listed Building and Conservation Areas) Act
1990 (as amended). Such notices to include enforcement notices, planning
contravention notices and breach of condition notices.

(b)

Where in his opinion it is a case of urgency whether or not outside the normal
business hours of the council, he be authorised to issue and serve such
notices;

(c)

Where he has determined a breach of planning control has taken place and
that it is expedient to issue a notice and he is of the opinion it is a case of
urgency whether or not outside normal business hours then:
(i)

he may consider whether it is expedient to issue a stop notice under
the provisions of Section 183 of the Town and Country Planning Act
1990 and carry out and appropriate cost benefit analysis; and

(ii)

if in his opinion a stop notice is justified he may request the Head of
Legal Services to serve such a notice.

- 65 -

(This delegation is exercisable, in his absence or other inability to act, by the Head of
Planning or the Team Leaders (Development Management)), unless the matter is
one of extreme urgency the Head of Legal Services should be consulted.) [C]
8.

To carry out work in default under Section 178 and 215 of the Town and Country
Planning Act 1990 and Section 42 of the Planning (Listed buildings and Conservation
Areas) Act 1990 (as amended) provided that there is adequate budget provision
available. [C]

9.

To decide any applications for determinations as to whether the prior approval of the
local authority will be required under Schedule 2 of the Town and Country Planning
(General Permitted Development) Order 1995. [C]

10.

To respond to consultations under The Care of Cathedrals Measure 1990 and The
Care of Churches and Ecclesiastical Jurisdiction Measures 1991. [E]

11.

To exercise the council’s powers with respect to part 8 of the Anti-Social Behaviour
Act 2003 with respect to High Hedges from 1 June 2005.

12.

To issue and arrange the service of planning contravention notices under section 171
of the Town and Country Planning Act 1990 as amended provided he is satisfied that
the circumstances of the case warrant their issue.

13.

To amend and revise the planning validation checklist as and when he considers it to
be necessary.

Building preservation notices
14.

To serve and withdraw building preservation notices on unlisted buildings. The
reasons for the notice and any question of potential compensation must be reported
to the earliest available meeting of the Planning Committee. [C]

Urgent works notices
15.

To serve urgent work notices where the Head of Regeneration and Planning is
satisfied that it is necessary to serve such a notice without delay to avoid damage or
the risk of damage to any unoccupied listed building. The reasons for the notice and
any question of potential compensation must be reported to earliest available
meeting of the Planning Committee. [C]

16.

To implement the powers set out in Part VII of the Town and Country Planning Act
1990 as they relate to Tree Preservation Orders and trees in conservation areas
(except the confirmation of Tree Preservation Orders where an objection has been
submitted by a third party). [C]

17.

To exercise the council’s powers with respect to hedgerows set out in the
Environment Act 1995 (as amended) and the Hedgerows Regulations 1997. [C]

18.

To exercise the council’s powers in relation to dangerous trees under Section 23 of
the Local Government (Miscellaneous Provisions) Act 1976. [E]

Local Land Charges
19.

To administer the register of local land charges, carry out official searches and to
respond to enquiries of local authorities and determine the fee charged for
responding to these. [E]
- 66 -

Building Control
20.

To exercise the council’s statutory functions with respect to the building regulations
including the issue of all approvals, rejections, dispensations, relaxations or consents
under the building regulations and The Building Act 1984 (as amended) and service
of all statutory notices and the taking of appropriate enforcement action including
carrying out works in default. [E]

21.

To exercise the council’s powers with respect to ruinous, dilapidated or dangerous
buildings or structures unsecured or unoccupied properties or sites which are
dangerous. [E]

22.

To exercise the council’s powers to require the provision of entrances and/or exits or
means of escape from premises. [E]

23.

To exercise the council’s powers with respect to demolition of buildings (but not to
grant any planning permission or conservation area consent). [E]

24.

To carry out the necessary statutory duties, in respect of initial notices issued by the
approved Inspectors supervising work instead of the council. [E]

25.

To deal with any consultation concerning the safety of any sports ground.

26.

To act, under Section 10(8) of the Party Wall, etc Act 1996, as the “Appointing
Officer” for the selection of a third surveyor.
(This delegation is also exercisable by the Building Control Manager).

27.

[E]

[E]

To set the charges fixed under the Building (Local Authority Charges) Regulations
1998 by up to plus or minus 10% of the charging levels in that respect recommended
each year by the Local Government Association.
(This delegation is exercisable by the Building Control Manager in consultation with
the Director of Finance and Deputy Chief Executive). [E]

28.

To vary the charges referred to in the previous paragraph above by any amount no
greater than 10%.
(This delegation is exercisable in consultation with the Director of Resources and the
Leader of the Executive). [E]
Trees and hedgerows:

29.

To implement the powers set out in Part VII of the Town and Country Planning Act
1990 as they relate to Tree Preservation Orders and trees in conservation areas
(except the confirmation of Tree Preservation Orders where an objection has been
submitted by a third party). [C]

30.

To exercise the council’s powers with respect to hedgerows set out in the
Environment Act 1995 (as amended) and the Hedgerows Regulations 1997. [C]

31.

To exercise the council’s powers in relation dangerous trees under Section 23 of the
Local Government (Miscellaneous Provisions) Act 1976. [E]

- 67 -

Listed buildings:
32.

To implement the powers of the council set out in the Planning (Listed Buildings and
Conservation Areas) Act 1990 (as amended) with regard to listed buildings, buildings
of special architectural or historic interest, conservation areas and buildings in
conservation areas. [C]

33.

To administer, including authorising increases to grants made under the Listed
Building and Conservation Grant Schemes.

34.

To administer the preparation of the local plan and any supplementary planning
guidance for all or part of the council’s administrative area, including undertaking
consultation, organising the Local Plan Inquiry and taking the necessary procedural
steps to have the plan adopted by the council.

35.

To administer the preparation of the local development framework, local development
documents and statement of community involvement including organising the
independent examination and taking the necessary steps to have any such
documents adopted by the council.

Transportation
36.

To exercise any highway function which the council has power to carry out under any
agreement with the Kent County Council (as varied from time to time). [E/C]

37.

To act in partnership with Kent County Council to provide the Dial a Bus
Scheme. [E]

38.

To exercise the council’s powers to provide and maintain bus shelters and
cycleways. [E]

Parking
41.

To manage both on and off street parking within the council’s administrative area
including:
1.

Making recommendations to Kent County Council regarding applications for
on street disabled parking bays, in consultation with such City and/or County
Council members as he feels appropriate in the circumstances.

2.

To undertake the initial consultation and recommend changes for the Annual
Parking Review (on street proposals) and provide a list of the proposed
changes to members of the Joint Transportation Board, the Executive and
relevant Wards, who have a period of two weeks in which to make objections
prior to final recommendations being submitted to the Joint Transportation
Board and Executive.

Archaeology
42.

To permit subject to conditions if necessary, excavations by a properly accredited
archaeological organisation on sites owned by the council, subject to the trust
indemnifying the council against any claims which may arise as a result of the
exercise of such permission. [E]

- 68 -

East Kent Spatial Development Company
43.

The power to discharge technical, administrative and other duties in relation to the
council’s capacity as a member of the East Kent Special Development Company and
agree any changes to the memorandum and articles of association of the company
or the arrangements with it, subject to the interests of the council not being adversely
affected.

G.

Powers delegated to the Assistant Director Commissioned Services

The following delegations (numbers 3, 4, 5, 6, 7, 8, 10, 11, 12 and 14) will be exercised
by East Kent Housing, but may be exercised by the postholder if in her judgement it is
necessary to do so.
Housing Services
1.

To administer any statutory right for tenants to purchase council dwellings including
exercising all the council’s powers and discretions and performing all their duties
under the law. [E]

2.

The Assistant Director Commissioned Services in consultation with the Assistant
Director Finance and Procurement has delegated authority to determine the right to
buy receipts to be retained for investment in affordable housing pursuant to an
agreement with the Department for Communities and Local Government.

3.

To carry out the council’s functions and powers as freeholder of blocks of flats
containing dwellings subject to long leases. [E]

4.

To serve notice of intention to seek possession on introductory tenants under the
Housing Act 1996 (as amended) and to instruct the Head of Legal Services to
commence proceedings for possession subject to the tenant’s rights of review. [E]

5.

To service Notices of Seeking Possession under the Housing Act 1985 (as amended)
and to instruct the Head of Legal Services to commence proceedings for recovery of
possession. [E]

6.

To carry out any of the council’s other functions relating to the management of
dwellings let under secure, non-secure or introductory tenancies (or tenancies which
have become non-secure for reasons outside the council’s control) forming part of
the council’s ordinary housing stock. This includes authority to determine any
question, serve any notice and carry out any repair. [E]

7.

To grant a new secure tenancy, either in the same dwelling or in suitable alternative
accommodation to remaining members of a deceased tenant’s household, even
where they are not family members where the deceased tenant was a successor,
provided the household member has:

8.

a.

lived with the tenant for a year prior to the tenant’s death; and

b.

has been looking after the tenant; or

c.

has accepted responsibilities for the tenant’s dependants.

To let and manage council garages including the authority to determine any question,
serve any notice and carry out any repair. [E]
- 69 -

9.

To publish and keep up-to-date the information about tenancies and to supply each
secure tenant with a copy of such information. [E]

10.

To receive statutory claims for home loss payments and to determine if any amount
is repayable and to make such payments. [E]

11.

To take any step which the council has power to take to recover rent or licence fees
including distraint, legal proceedings and enforcement of judgements in rent arrears
cases in respect of dwellinghouses let under secure, non-secure tenancies/or
licences. [E]

12.

To administer the council’s Transfer Incentive Scheme and the Cash Incentive
Scheme in conjunction with the Head of Legal Services and the Director of
Resources. [E]

13.

To grant new tenancies to people who are existing tenants but only if

[E]:

 at least one person will be a tenant of that property both before and after the new
tenancy is granted; and
 the new tenancy is granted because of a change in the family circumstances of
the tenant (i.e. they have acquired a new partner or on a relationship breakdown);
and
 the same result cannot be achieved by a deed of assignment; and
 the decision-maker does not consider that the grant of the new tenancy will result
in serious under-occupation or overcrowding, and
 granting the new tenancy is otherwise in accordance with housing policies
14.

To grant tenancies of dwellings, in accordance with allocation decisions made by
Housing Options. [E]

15.

To manage the hostels for the homeless, including granting and termination of
tenancies and licences and evicting occupiers. [E]

16.

To exercise the council’s powers in connection with the administration of the council’s
Housing Allocations Policy including:

17.

1.

To make minor amendments to the policy from time to time, to update income
and savings limits and reflect changes in legislation or government guidance
and,

2.

The administration of the housing register (including the decision as to
whether or not any particular person qualifies for admission to the register
and whether or not any particular person should be removed from the
register). [E]

To act as the council’s representative under the Management Agreement with East
Kent Housing Limited and be authorised to discharge the functions ascribed to such
representatives therein including but not limited to approving the draft year one
Delivery Plans.

- 70 -

18.

To act as the council’s representative on the Officer Panel established under the East
Kent Housing Limited Owners Agreement and be authorised to discharge the
functions ascribed to such representative therein.

19.

Cleansing and waste collection
19.1

To exercise the council’s functions with regard to
(a)

fixing and levying reasonable charges for the collection and disposal
of waste other than household waste.

(b)

fixing and levying reasonable charges for bins and sacks.

(c)

the collection of household or commercial waste including the
council’s powers to serve any statutory notices on any particular
person or classes of persons and the granting of consents to clean
wheeled bins.

(d)

the collection of household or commercial waste including the
council’s powers to serve any statutory notices on any particular
person or classes of persons and the granting of consents which the
council has the power to grant.

(e)

the enforcement of the duty of care with respect to waste.

(f)

recycling.

[E]

Residual housing
20.

To review decisions made with respect to a person presenting to the council as
homeless. [C]

21.

To review decisions made with respect to the housing register.

22.

To determine all applications for persons presenting themselves to the council as
homeless and to determine how any duty which the council may have to such
persons is performed. [E]

23.

To deal with all questions about referrals of homeless persons by and to other
authorities including taking all steps under the council’s appeal procedure (whether
statutory or non-statutory). [E]

24.

To allocate accommodation in accordance with the council’s statutory housing
allocation scheme and policies about transfers. [E]

25.

To offer housing in accordance with policy guidelines laid down by the council to new
employees in nationally advertised specialist posts subject to:

[C]

(a)

a condition that the tenancy will terminate if the employee ceases to be
employed by the council

(b)

a condition limiting the duration of the tenancy to a maximum of one year
where the employee’s starting salary is higher than the highest point of
Scale 5. [C]

- 71 -

26.

To enter into leases of properties from private owners under the council’s private
sector leasing scheme.

27.

To exercise any of the council’s powers in connection with improving the standard of
private sector housing including individual dwellings and housing in multiple
occupation.

28.

The administration of financial assistance application and the management of grants
or loans for the improvement and maintenance of housing. [E]

29.

The administration of grant applications and the management of grants for the
provision of facilities for disabled people and those with special needs. [E]

30.

Subject to the council’s procurement rules entering into agreements with third parties
for the supply of goods and services in connection with grant and financial assistance
schemes. [E]

31.

The promotion of group repair and area renewal schemes.

32.

Entering into nomination agreements ancillary to grants to landlords.

33.

Serving notices and taking action in respect of Category 1 and Category 2 hazards in
housing accommodation including emergency remedial action. [E]

34.

Securing the improvement, repair, maintenance, demolition, closure and sanitary
conditions of dwellings. [E]

35.

Taking action in respect of overcrowding of housing accommodation.

36.

Taking action in respect of houses in multiple occupation including:

[E]
[E]

[E]

 administration of licensing and accreditation schemes
 refusing a licence where the proposed licence holder or manager is not a fit and
proper person or where the proposed management arrangements are unsatisfactory.
 granting a licence subject to such conditions as are appropriate in the
circumstances of each case
 revoking a licence where the licence holder is no longer a fit and proper person or
when he has committee repeated breaches of licence conditions
 Seeking rent repayment orders in respect of unlicensed HMOs
 making and managing interim and final management orders
37.

Arranging for the restoration or continuation of supply of water, gas or
electricity. [E]

38.

Carrying out any works which the council has power to carry out in connection with
any of these delegations (including works in default) and to take any steps to recover
the money spent on carrying out works in default (including placing a charge on
land). [E]

39.

Taking action relating to housing conditions, which:
 concern the condition of any drain or private sewer.
 mean that the council may ensure that any building has adequate or improved
drainage and/or sanitary conveniences
 concern the condition of any cesspool
- 72 -

 concern the use and ventilation of soil pipes
 concern remedial work including the service of notices in relation to rainwater
pipes, soil pipes and ventilating shafts and the apportionment and recovery of
costs
 concern the alteration of a drainage system of premises
 concern the drainage and paving to yards and passages
 involve the council loaning temporary sanitary conveniences where
necessary. [E]
40.

To exercise the council’s powers to take action concerning any matter relating to
dwellings which is, may or has been prejudicial to health or a nuisance (but not noise
nuisance). [C]

41.

Vacant premises including Empty Dwelling Management Orders.

42.

Ruinous and dilapidated sites.

43.

To issue (but not refuse) caravan site licences under the Caravan Sites and Control
of Development Act 1960 (as amended), imposing standard conditions as
appropriate. To take such steps as may be appropriate to remove unauthorised
campers from land. [E]

44.

To issue licences for moveable dwellings and camping sites under Section 69 of the
Public Health Act 1936 (as amended). [C]

45.

To exercise the functions of the council pursuant to the Crime and Disorder Act 1998
(as amended) in consultation with the Head of Legal Services. [E]

46.

To develop and support individuals and voluntary community sector organisations to
enable them to support the delivery of services where appropriate To develop and
support opportunities for children and young people. [E]

47.

To approve emergency grants to voluntary organisations and grants to parish
councils subject to reporting such approvals to the Executive. [E]

48.

To approve small grants not exceeding £500 in accordance with the single grants
gateway policy 2012-16 following consultation with the Single Grants Gateway Panel

[E]

[E]

Cleansing and Waste Collection
49.

To commission services internally or externally to exercise the council’s functions
with regard to the Clean Neighbourhoods and Environment Act 2005.

H.

Powers delegated to the Assistant Director Strategy and Democracy

1.

To publish and maintain the council’s Constitution with authority to correct minor
textual and typographical errors and to make minor textual changes which may arise
due to any decision the council might make on any matter or any change in
legislation or development in case law. [C]

2.

The maintenance of records of notices of pecuniary and non-pecuniary interests
given by any councillor or officer of the council (for so long as the council is under a
legal duty to maintain this register) and maintenance of registers of councillors
interests and declarations under the Local Authorities (Model Code of
Conduct)(England) Order 2007. [C]
- 73 -

3.

The provision of information to the public and to councillors about the council’s
decision-making process and individual decisions. [C]

4.

Nominating representatives to outside bodies where any vacancy arises.

5.

Taking any step which the council has power to take with respect to the
Commissioner for Local Administration. [E]

6.

The approval of reasons for the absence of councillors from any meetings and the
declaration of vacancies of any seats of the council. [C]

7.

Strategy to keep it up to date.

8.

To manage the Riverside Children’s Centre subject to satisfactory financial and other
arrangements.

I.

Powers delegated to the Head of Legal Services

[C]

Note: Where the designated post of Monitoring Officer is held by a person qualified
as a solicitor but is not the Head of Legal Services then he/she will exercise the
following powers. The Head of Legal Services shall be the Deputy Monitoring Officer
to act in the Monitoring Officer’s absence.
To exercise any powers previously delegated to the Head of Legal and Democratic
Services not otherwise specified in this scheme of delegation.
1.

To be and carry out the duties of the Monitoring Officer in accordance with Section 5
of the Local Government and Housing Act, 1989, the Local Government Act 2000 (as
amended) and any other enactments and the council’s Constitution and to nominate
a member of staff to deputise as Monitoring Officer where the designated post holder
is unable to act owing to absence or illness. [C]

2.

To act as solicitor to the council.

3.

To institute, conduct, prosecute and defend any legal proceedings on behalf of the
city council, including cases where the council considers it expedient for the
protection or the promotion of the interests of the inhabitants of the council’s
area. [C/E]

4.

To settle, if appropriate, and in the interests of the council, any actual or threatened
legal proceedings. [C/E]

5.

To recover debts due to the council by way of legal proceedings and the levying of
distress on goods and chattels. [C/E]

6.

To instruct counsel and professional advisers as appropriate subject to consultation
with the Executive in any case where the council is to instruct counsel and where
counsel’s fees are likely to exceed £20,000. [C/E]

7.

To give undertakings on behalf of the council including the completion of a deed or
release for the withdrawal of obligations under planning agreements including the
completion of a deed of release for the withdrawal of obligations under planning
agreements. [C/E]

[C/E]

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8.

To give indemnities on behalf of the council to organisations for the use of their
facilities or to persons or bodies to whose land access is required by the council to
carry out any development or works. [C/E]

9.

To authorise other officers to seal documents, or to sign documents which are not
required to be under seal. [C/E]

10.

To prepare and execute all necessary documents in connection with the provision of
short-term agency services for local authorities where these require no major change
in organisation, capital expenditure or increase in staff and, in conjunction with the
Director of Finance Deputy Chief Executive and the Chief Executive, the agreement
of terms for reimbursement for provision of such agency services. [E]

11.

To complete all property transactions and contractual arrangements where terms
have been agreed by the Executive, or by the Deputy Chief Executive and Director of
Resources or Heads of Service acting under the scheme of delegation. [E]

12.

Under Section 223 of the Local Government Act 1972 (as amended) to authorise
officers who are not admitted solicitors to appear in Magistrates’ Courts on behalf of
the council. [E]

13.

Under Section 60 of the County Court 1984, to authorise officers of the council to
conduct actions on behalf of the council in the County Court before a district judge in
respect of:  the recovery of possession of houses and other property belonging to the council;
 the recovery of any rent, mesne profits, damages or other sum claimed by the
council in respect of the occupation by any person of such a house.
(this delegation is exercisable
Mrs K Windebank). [E]

both

by

Head

of

Legal

Services

and

14.

To accept on behalf of the council the service of notices, orders and legal
procedures. [C/E]

15.

To determine procedural arrangements for the issue of all consents, refusals,
decisions and notices on behalf of the council under statutory power. [C/E]

16.

To recover the costs including administrative costs incurred by the council in carrying
out works in default including all necessary steps to enforce the judgement. [C]

17.

In consultation with the Assistant Director Planning and Regeneration or Head of
Planning: [C]

18.

17.1

To issue and arrange the service of any notice in accordance with the Town
and Country Planning Act 1990 (as amended) and the Planning (Listed
Buildings and Conservation Areas) Act 1990 provided that he is satisfied with
the evidence provided.

17.2

To extend the period of compliance or withdraw notices where expedient to
do so and subject to the Planning Committee being informed.

To grant dispensations to Members pursuant to section 33(2) of the Localism Act
2011 to speak only or to speak and vote where:

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(i)

so many members of the decision–making body have disclosable pecuniary
interests in a matter that it would impede the transaction of business

(ii)

without a dispensation no member of the executive would be able to
participate on a particular item of business

19.

To receive complaints relating to alleged breaches of the adopted Code of Conduct
and to process complaints in accordance with the adopted Arrangements for the
Code of Conduct.

20.

To exercise the functions of the council pursuant to the Crime and Disorder Act 1998
(as amended) and the Anti-Social Behaviour Act 2003 in consultation with the
Assistant Director Direct Services/Head of Neighbourhood Services [E]

21.

The power to amend Section 106 planning agreements in cases where he and the
Assistant Director Planning and Regeneration are satisfied that the amendment is
technical and makes no material change in the outcomes of the planning agreement
of the planning permission to which it relates.

Management of land
22.

To carry out the necessary legal processes involved in
(a)

the management of any land, property or accommodation held or used by the
council in the best interests of the council and to take any step which the
council is entitled to take as the person with an interest in any land in
consultation with the Head of Property and the Head of Service within whose
remit the land, property or accommodation is held or used. This delegation
does not include the power to dispose of any legal estate. [E]

(b)

To acquire land or any interest in land by agreement under any enactment
SUBJECT always to the purchase price, or the purchase price when added to
other transactions in respect of the same project, being within the estimate of
costs previously reported to and approved by the Executive. [E]

(c)

To appropriate land belonging to the council for purposes other than those for
which it was acquired subject to the consent of the Executive. [E]

(d)

To dispose of property, land or any interest in land in accordance with the law
(including the grant of wayleaves and easements). [E]

Limitations
This delegation does not apply if the council is
 disposing of its freehold; or
 granting a lease of longer than 25 years
if the freehold value of the property or land to be disposed of is more than £100,000.
(This delegation is exerciseable in conjunction with the Head of Property and the
Head of Service to whom the land is appropriated)
23.

To receive notices served on the council as the person with an interest in any
land. [C/E]
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24.

To take any steps consequent on the making of a Compulsory Purchase Order,
including the application of the rules for assessing compensation, negotiating with the
other parties the amount of compensation in order to settle the amount payable and
reference to the Lands Chamber when no agreement can be reached. [E]

25.

To administer
1.
2.
3.

The sale of council houses;
Any matters in respect of mortgages granted by the council and
The council’s Cash Incentive Scheme.
[E]

(This delegation is exercisable in conjunction with the Director of Resources, Deputy
Chief Executive and the Assistant Director Commissioned Services).
26.

Where appropriate and in consultation with the Director of Resources to elect for VAT
status on particular land and property. [E]

Other matters
27.

To provide legal and advice and assistance to any parish council or community
association providing there is no conflict of interest and to any public body for the
purposes of the Local Authorities (Goods and Services) Act 1970 (as amended)
providing there is no conflict of interest and satisfactory arrangements for payment
are in place. [E]

28.

To update delegations in consultation with Head of Democratic Services to take
account of changes in legislation. [E]

29.

To make amendments to the council’s policy under the Regulation of Investigatory
Powers Act 2000 if the guidance or law has changed prior to an annual review of the
policy and that the portfolio holder with responsibility for Community Safety be
informed of such changes.

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