THE CONSTITUTION

Part B – Council and Executive Scheme of Delegation

Hull City Council

Constitution

Part B – Council and Executive Scheme of Delegation (21 May 2009)

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Hull City Council

Constitution

PART B COUNCIL AND EXECUTIVE SCHEME OF DELEGATION
Table of Contents

COUNCIL COMMITTEES 1. 2. 3. 4. 5. 6. 7. 8. 9. Overview and Scrutiny Management Committee Overview and Scrutiny Commissions Area Committees Area Housing Boards LEA Governor Appointments Panel Planning Committee Licensing Committee Appeals Committee Civic Committee 25 27 35 41 42 43 44 45 46 47 49 51 52

10. Audit Committee 11. Standards Committee 12. Member Panel for Officer Employment Procedure Rules 13. Independent Members Appointment Panel

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Constitution

CABINET COMMITTEES AND MEMBERS OF CABINET 14. Corporate Trustee Committee 15. Asset Management Committee 16. Performance and Finance Committee 17. Children’s Services Committee 18. Kingstown Works Limited Shareholding Committee 19. The Cabinet and Members of the Cabinet 20. Joint Arrangements 53 54 56 58 60 61 64

OFFICERS 21. Officers of the Council 65

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PART B

Constitution

COUNCIL AND EXECUTIVE SCHEME OF DELEGATION

COUNCIL COMMITTEES 1. 1.1 1.2 Overview and Scrutiny Management Committee The Council will appoint the Overview and Scrutiny Management Committee. The Committee may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition 1.3 The Committee shall comprise 13 members of Council and include the chair of each overview and scrutiny commission. A member of the Cabinet shall not be appointed to the Committee. Quorum 1.5 The quorum of the Committee shall be 4 voting members. Role and Functions 1.6 The overall co-ordination of overview and scrutiny functions and activity of the Council undertaken by overview and scrutiny commissions. The receipt of an annual report from the Leader of Council on the Cabinet’s priorities for the coming year and how the Cabinet intend to achieve them. The review of executive decisions and overview of the direction and performance of the Cabinet. The consideration and determination of a request to call-in an executive decision. The discharge of the call-in function as may be appropriate in the circumstances. Monitoring the work programmes of the overview and scrutiny commissions to minimise duplication and ensure the effective use of resources, including: 1.11.1 The approval of proposals from overview and scrutiny commissions to undertake enquiries and/or reviews.

1.4

1.7

1.8

1.9

1.10

1.11

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1.11.2 The receipt of reports from chairs of overview and scrutiny commissions on their work. 1.12 Where work programme items fall within the remit of more than one overview and scrutiny commission, to determine which commission will assume responsibility for a particular work programme item. The approval and operation of arrangements to ensure that referrals from the Committee or a commission to the Cabinet or a person or body discharging executive functions, either by way of report or for reconsideration, are managed efficiently and effectively in accordance with the Constitution. Determining the priority, at the request of the Cabinet or otherwise, of matters referred by the Committee or a commission for consideration by the Cabinet.

1.13

1.14

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2. 2.1 Overview and Scrutiny Commissions

Constitution

The Council will appoint at least two but not more than six overview and scrutiny committees which shall be known as ‘commissions’. A commission may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. The commissions will have the following titles: 2.3.1 2.3.2 2.3.3 2.3.4 2.3.5 Crime and Community Safety Commission Efficiency and Audit Commission Environment and Transport Commission Health and Social Wellbeing Commission Housing, Neighbourhood Renewal and Urban Regeneration Commission Children’s Services Commission

2.2

2.3

2.3.6

Composition 2.4 Each commission, except the Efficiency and Audit Commission, shall comprise seven members of Council and not more than four non-voting coopted members. The Efficiency and Audit Commission shall comprise nine members of Council and not more than four non-voting co-opted members. A member of the Cabinet shall not be appointed to a commission. The Children’s Services Commission shall in addition comprise four voting coopted representatives of the church and parent governors. Quorum 2.7 The quorum of a commission shall be three voting members except the Children’s Services Commission where the quorum shall be five voting members. Role and Functions 2.8 The Crime and Community Safety Commission will: 2.8.1 Discharge overview and scrutiny functions, excluding call-in, in relation to the provision, planning and management of services to promote community safety and to reduce crime and disorder in the City.

2.5 2.6

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2.8.2

Constitution

Scrutinise the agencies, mechanisms and processes involved in the promotion and delivery of crime and community safety services in the City. Contribute to the development of policies, strategies and plans in respect of these services. Establish time-limited panels to undertake specific enquiries. Have responsibility for advising on and monitoring the Council’s and partners’ responsibilities in relation to Section 17 of the Crime and Disorder Act 1998. Have responsibility for advising on and monitoring the Council’s responsibilities in relation to the Police and Justice Act 2006. Have responsibility for advising on and monitoring the implementation and delivery of the Crime and Disorder Reduction Strategy and other crime and disorder reduction partnership plans. Have responsibility for advising on and monitoring enforcement in relation to crime and disorder. Review any partnerships established to develop and deliver services to tackle crime and disorder and to meet the aims of crime and disorder reduction partnership policies and plans. Contribute to reviews of services within the scope of the Commission and monitor the implementation of relevant action plans. Receive reports as appropriate from the District Auditor, the Council’s Internal Audit and other internal and external inspection bodies, making suggestions for improvement in practice to the Cabinet and/or Council as may be appropriate.

2.8.3

2.8.4 2.8.5

2.8.6

2.8.7

2.8.8

2.8.9

2.8.10

2.8.11

2.9

The Efficiency and Audit Commission will: 2.9.1 Discharge overview and scrutiny functions, excluding call-in, in relation to the Council’s budget, the management of the budget, capital, revenue borrowing and assets, risk management and audit arrangements. Establish ad-hoc panels, normally time-limited, to undertake specific enquires. Analyse the development of the Council’s revenue and capital budgets and review and scrutinise the Council’s performance in

2.9.2

2.9.3

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relation to budget management, in particular as regards the Treasury Management Policy Statement and borrowing limits and the Capital Strategy. 2.9.4 Analyse the development of a three year budget strategy and offer advice to the Cabinet where it considers necessary. Review the management of resources made available to the Council and scrutinise financial and resource management, including property and asset management, acquisition and disposal. Review the development of Council-wide capital strategy and asset management plans. Review the operation of the Council’s Financial Procedure Rules and other financial procedures making recommendations to the Cabinet and/or Council. Contribute to best value reviews of services within the scope of the Commission and monitor the implementation of any relevant action plans. Receive reports as may be appropriate and at the discretion of the Chair in relation to the remit of the Commission from the District Auditor, the Council’s internal auditor and other internal and external inspection bodies, and make recommendations to the Council, Cabinet or other person or body discharging executive functions having considered any such report. The commission responsibilities: 2.9.10.1 will undertake the following stewardship

2.9.5

2.9.6

2.9.7

2.9.8

2.9.9

2.9.10

The responsibility for ensuring good stewardship of the Council’s resources. Enhancing the profile, status and authority of the internal audit function and demonstrating its independence. Contribute to making the Council, committees and departments more responsive to the audit function. The responsibility for promoting internal control mechanisms by the development of an anti-fraud culture and the review of financial procedures. The responsibility for focusing audit resources, by agreeing audit plans and monitoring delivery of the audit service.

2.9.10.2

2.9.10.3

2.9.10.4

2.9.10.5

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2.9.10.6

Constitution
Monitoring both internal and external audit performance by ensuring auditor and officer collaboration within the agreed timescales, securing the timely preparation and response to audit reports, ensuring the implementation of audit recommendations and monitoring the finalisation of the annual accounts. Reviewing compliance with relevant standards, codes of practice, corporate governance arrangements and the policies and strategies of the Council.

2.9.10.7

2.10

The Environment and Transport Commission will: 2.10.1 Discharge overview and scrutiny functions, excluding call-in, in relation to the provision, planning and management of environment, parks and open spaces and transport services in the City. Establish ad-hoc panels, normally time limited, to undertake specific enquires. Scrutinise the agencies, mechanisms and processes involved in the promotion and delivery of cleansing, waste management, highways management, integrated transport and environmental health. Scrutinise the agencies, mechanisms and processes involved in the promotion and delivery of environmental sustainability, energy reduction and green issues, and responding to climate change issues. Contribute to the development of policies in respect of the services in paragraphs 2.9.3 and 2.9.4. Take responsibility for advising on implementation of the following plans: 2.10.6.1 2.10.6.2 Local Transport Plan Plans and strategies which together comprise the Development Plan in relation to environment and transport issues. Food Law Enforcement Service Plan and Strategy Local Agenda 21 Strategy Licensing Authority Policy Statement Climate change strategy and monitoring the

2.10.2

2.10.3

2.10.4

2.10.5

2.10.6

2.10.6.3 2.10.6.4 2.10.6.5 2.10.6.6

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2.10.7

Constitution

Contribute to best value reviews of services within the scope of the Commission and monitor the implementation of any relevant action plans. Receive reports as may be appropriate and at the discretion of the Chair in relation to the remit of the Commission from the District Auditor, the Council’s internal auditor and other internal and external inspection bodies, and make recommendations to the Council, Cabinet or other person or body discharging executive functions having considered any such report.

2.10.8

2.11

The Health and Social Wellbeing Commission will: 2.11.1 Have responsibility for advising on and monitoring the Council’s responsibilities in relation to the Health and Social Care Act 2001 including reviewing and scrutinising the planning, provision and operation of health services in the area and setting up joint health scrutiny committees/panels with other local authorities. Scrutinise the mechanisms and processes of other healthcare agencies used to deliver health and community care services in the City, including partnerships and joint initiatives. Discharge overview and scrutiny functions, excluding call-in, in relation to the provision, planning and management of children’s and adults community care services in the City. Submit an annual health check declaration for each local health trust to the Healthcare Commission. Work in partnership with the Patient and Public Involvement Fora (to become Local Involvement Networks) in scrutinising organisations based in their areas which deliver health and community care services to the people of the City. Receive the Director of Public Health’s Annual Report and from that determine items for inclusion in the work programme that might lead to suggestions for improvement in practice and recommendations to the Cabinet, the Council and/or the NHS. Make suggestions for improvement in practice recommendations to the Cabinet, the Council and/or NHS. and

2.11.2

2.11.3

2.11.4

2.11.5

2.11.6

2.11.7

2.11.8

Enquire into health topics of local and regional concern that have a detrimental impact on the health and well-being of the people of City and the mechanisms for tackling health inequalities. Establish time-limited panels to undertake specific enquiries.

2.11.9

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2.11.10

Constitution

Contribute to reviews of services within the scope of the Commission and monitor the implementation of relevant action plans. Hold to account local health services and make suggestions for improvements in practice and recommendations to the Cabinet, the Council and/or NHS in line with the scope of the Commission. Receive reports as appropriate in relation to the scope of the Commission from the District Auditor, the Council’s Internal Auditor and other internal and external inspection bodies, such as the Healthcare Commission, making suggestions for improvement in practice and recommendations to the Cabinet, the Council and/or the NHS having considered any such report. Renewal and Urban Regeneration

2.11.11

2.11.12

2.12

The Housing, Neighbourhood Commission will: 2.12.1

Discharge overview and scrutiny functions, excluding call-in, in relation to the provision, planning and performance of housing, neighbourhood renewal and regeneration in the City. Establish ad-hoc panels, normally time limited, to undertake specific enquires. Contribute to proposals for the physical regeneration of the area including economic development. Have responsibility for advising on and monitoring implementation of regeneration programmes for the City. the

2.12.2

2.12.3

2.12.4

2.12.5

Review the development of partnerships with external organizations to promote the regeneration of the City, including the City Development Company and any other regeneration partnerships that might be established to facilitate urban renewal or regeneration. Monitor the management of the Council’s housing stock including allocation policies, the Decent Homes Standard, long term voids, repairs and maintenance, the provision of special needs housing (including the performance, policies and practices of the area housing boards), grants and loans to owner occupiers, tenants, landlords and/or developers, the improvement of private housing and relationships with local regional and national bodies relating to housing. Monitor policies and practices with regard to homelessness and rehousing.

2.12.6

2.12.7

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2.12.8 Take responsibility for advising on implementation of the Housing Strategy. and

Constitution
monitoring the

2.12.9

Take responsibility for advising on and monitoring the implementation of plans and strategies which together comprise the Development Plan in relation to regeneration issues. Review the development of partnerships with external organisations to meet housing need, regenerate unsatisfactory housing, including Gateway Pathfinder. Contribute to reviews of services within the scope of the Commission and monitor the implementation of any relevant action plans. Receive reports as may be appropriate and at the discretion of the Chair in relation to the remit of the Commission from the District Auditor, the Council’s internal auditor and other internal and external inspection bodies, and make recommendations to the Council, Cabinet or other person or body discharging executive functions having considered any such report.

2.12.10

2.12.11

2.12.12

2.13

The Children’s Services Commission will: 2.13.1 Discharge overview and scrutiny functions, excluding call-in, in relation to the provision, planning and management of children’s services including learning and social welfare in the City, and in particular the following six outcomes: 2.13.1.1 Be healthy 2.13.1.2 Stay safe 2.13.1.3 Enjoy 2.13.1.4 Achieve 2.13.1.5 Make a positive contribution 2.13.1.6 Achieve economic well-being 2.13.2 Establish ad-hoc panels, normally time-limited, to undertake specific enquiries. Scrutinise the agencies, mechanisms and processes involved in the promotion and delivery of children’s services in the City.

2.13.3

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2.13.4

Constitution

Scrutinise the agencies, mechanisms and processes involved in the promotion, delivery and performance in relation to schools and educational attainment. Contribute to the development of policies in respect of the services in paragraphs 2.12.3 and 2.12.4. Take responsibility for advising on implementation of the following plans: 2.13.6.1 2.13.6.2 2.13.6.3 2.13.6.4 2.13.6.5 and monitoring the

2.13.5

2.13.6

Early Years Development Strategy Education Development Plan Joint Area Review Youth Justice Plan Children and Young People’s Plan

2.13.7

Contribute to reviews of services within the scope of the Commission and monitor the implementation of any relevant action plans. Receive reports as may be appropriate and at the discretion of the Chair in relation to the remit of the Commission from the District Auditor, the Council’s internal auditor and other internal and external inspection bodies, and make recommendations to the Council, Cabinet or other person or body discharging executive functions having considered any such report.

2.13.8

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3. 3.1 3.2 Area Committees The Council will appoint seven area committees.

Constitution

A committee may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. The area committees will have the following titles and will serve the wards indicated: 3.3.1 North Carr Area Committee (Bransholme East, Bransholme West and Kings Park). Park Area Committee (Holderness, Marfleet, Southcoates East and Southcoates West) Northern Area Committee (Orchard Park and Greenwood, University and Beverley) Riverside Area Committee (Drypool, Myton, Newington and St. Andrews) East Area Committee (Ings, Longhill and Sutton) West Area Committee (Boothferry, Derringham and Pickering) Wyke Area Committee (Avenue, Newland and Bricknell)

3.3

3.3.2

3.3.3

3.3.4

3.3.5

3.3.6

3.3.7

Composition 3.4 Each area committee shall comprise the members of Council for the wards indicated. Quorum 3.5 The quorum of an area committee shall be two voting members or as otherwise determined by the Committee. Role and Functions 3.6 An area committee will: 3.6.1 Establish a ward forum or appropriate neighbourhood forums for each ward in its area and may establish such other forums as may be considered appropriate.

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3.6.2

Constitution

Take an overview of the delivery of Council and other services provided within the area and in so doing: 3.6.2.1 Monitor and, from time to time, review the performance of Council services and make recommendations for improvement. Consider the interests and opinions of the public in relation to services provided.

3.6.2.2

3.6.3

Support the work of the governing bodies of local schools and encourage participation in the work of area forums. Assist with and encourage the recruitment of LEA governors for schools as appropriate. Arrange a rota of visits by members to establishments for adults and receive reports on these, subject to compliance with relevant police vetting and the completion of appropriate training. Arrange a rota of visits by members to establishments for children and young persons, receive reports and fulfil the requirements of the community homes regulations, subject to compliance with relevant police vetting and the completion of appropriate training. Establish an LEA governor appointments panel as a sub-committee of the committee to appoint LEA school governors to the governing bodies of schools within the area served by the committee.

3.6.4

3.6.5

3.6.6

3.6.7

3.7

An area committee may: 3.7.1 Before determining or considering any matter, refer such matter for consideration and advice to an area, ward or neighbourhood forum or other body. The area director may, after consultation with the chair, or, in the chair's absence the deputy chair, first refer any matter to an area or ward forum, officer or other body for consideration and advice before reporting the matter to an area committee. Determine matters referred by a ward or area forum or focus group or other body in respect of which the area committee has delegated powers. Authorise the attendance of members and/or officers at conferences, seminars and meetings of outside bodies in connection with any matter affecting the area. Delegate the discharge of any function of the area committee to an appropriate officer. A record must be kept of all such delegations.

3.7.2

3.7.3

3.7.4

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3.7.5

Constitution

An area committee may adopt a name for the committee and the area it serves in substitution for that in paragraph 3.3 above which in the opinion of the committee is the most appropriate name.

Neighbourhood Renewal 3.8 An area will be responsible for: 3.8.1 Co-ordinating and monitoring local service delivery with the aim of ensuring that agencies work together to deliver services at a neighbourhood level. Leading on the development of neighbourhood partnerships. Engaging with and supporting residents, community and voluntary organisations, and supporting and organising training and development. Leading on the implementation of Neighbourhood Management Schemes and Community Renewal Schemes appropriate to neighbourhoods. Supporting the Local Strategic Partnership (LSP) at the neighbourhood level, engaging with agencies, through PACT boards and other local partnerships, developing and monitoring Local Neighbourhood Action Plans. Providing advice to Neighbourhood Partnerships. Working with and co-ordinating community development activity across the partners in the area. Participation in Local Neighbourhood Action Planning.

3.8.2 3.8.3

3.8.4

3.8.5

3.8.6 3.8.7

3.8.8

Advisory Role 3.9 3.9.1 An area committee shall: Refer to the Cabinet matters relating to a delegation, policy, programme, scheme or plan which it considers requires clarification or amendment. Refer to the Cabinet and/or scrutiny committee(s) for consideration, advice or any proposed change in the Council's policy or its aims and objectives. Refer to the Cabinet all proposed requests to Members of Parliament, Members of the European Parliament, Government

3.9.2

3.9.3

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department, local authority associations etc., to recommend or lobby on issues on behalf of the Council relating to their area. 3.9.4 Refer to the Cabinet the proposed creation of any focus group, task group or working party which is not at present constituted.

3.10

An area committee may: 3.10.1 Recommend to the Cabinet the making of any byelaws, regulations and orders necessary to the area committee's delegated powers and duties. Recommend to the Cabinet and Head of Paid Service organisational and staffing changes which have service delivery implications in connection with area matters. Make representations as appropriate to the Planning Committee and the Licensing Committee.

3.10.2

3.10.3

3.11

An officer may refer any matter delegated to him/her back to the appropriate area committee and in any such case it shall be within the power of the area committee to determine the matter. A decision of an area committee shall not be acted upon unless a body or officer concerned in the matter has first been consulted, in particular the Director of Corporate Resources, Head of Legal and Democratic Services. The Head of Workforce Strategy shall be consulted where he/she is concerned in the matter. Where any dispute arises as to whether any matter falls to be determined by an area committee or officer, the matter may be referred to the Leader of Council or appropriate member of the Cabinet to resolve the dispute. Council functions of area committees

3.12

3.13

3.14

The Committee may, where the matter for decision relates exclusively to the area of the Committee, determine the following: 3.14.1 Permit the deposit of a builder’s skip on highway under section 139 of the Highways Act 1980. License the planting, retention and maintenance of trees etc. in part of a highway under section 142 of the Highways Act 1980. Authorise the erection of stiles etc. on footpaths or bridleways under section 147 of the Highways Act 1980. License works in relation to buildings etc. which obstruct the highway under section 169 of the Highways Act 1980.

3.14.2

3.14.3

3.14.4

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3.14.5

Constitution

Consent to temporary deposits or excavations in streets under section 171 of the Highways Act 1980. Dispense with obligation to erect a hoarding or fence under section 172 of the Highways Act 1980. Restrict the placing of rails, beams etc. over highways under section 178 of the Highways Act 1980. Consent to the construction of cellars etc. under a street under section 179 of the Highways Act 1980. Consent to the making of openings into cellars etc. under streets and pavement lights and ventilators under section 180 of the Highways Act 1980. Create footpaths and bridleways under section 26 of the Highways Act 1980. Stop up footpaths and bridleways under section 118of the Highways Act 1980. Divert footpaths and bridleways under section 119 of the Highways Act 1980. Assert and protect the rights of the public to use and enjoyment of highways under section 130 of the Highways Act 1980. Removal of things so deposited on highways as to be a nuisance under section 149 of the Highways Act 1980. Keep the definitive map and statement under review under section 53 of the Wildlife and Countryside Act 1981. Reclassify roads used as public paths under section 54 of the Wildlife and Countryside Act 1981.

3.14.6

3.14.7

3.14.8

3.14.9

3.14.10

3.14.11

3.14.12

3.14.13

3.14.14

3.14.15

3.14.16

Executive Functions of Area Committees 3.15 The committee may determine any matter in the discharge of an executive function where it relates exclusively to the area of the committee and is referred to the committee by the Cabinet, a member of the Cabinet or an officer having executive authority to take the decision. In the event that the Cabinet delegates the determination of a specific matter to an area committee that delegation, including and conditions attached to the delegation, shall take precedence over any more general authority.

3.16

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Area Committees – Access to Information 3.17

Constitution

The agenda and notice for area committee meetings which deal with both executive functions non-executive functions will clearly indicate into which category an agenda item falls. Cabinet Members on Area Committees

3.18

A member of the Cabinet may serve on an area committee if otherwise eligible to do so as a councillor.

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4. 4.1 4.2 Area Housing Boards

Constitution

There shall be an Area Housing Board for each of the 7 areas in the City. The terms of reference set out below incorporate and shall be read in conjunction with the document: ‘Hull City Council Area Housing Boards’ adopted on 28 May, 2008 and are subject to change or amendment by the Leader of Council or the Cabinet. The Board may delegate the discharge of any of its functions to an officer of the Council. Composition

4.3

4.4

The Board shall comprise members of Council appointed by the area committee with the approval of the Leader of Council or the Cabinet, tenants and independent members, and be constituted in accordance with the document: ‘Hull City Council Area Housing Boards’ adopted on 28 May 2008. Quorum

4.5

The quorum of the Board shall be three members and include two tenants. Role and Functions

4.6

The Board shall discharge the following executive housing functions: 4.6.1 Consider, monitor and take decisions on matters concerning the local delivery of the Council’s housing services to tenants and leaseholders. Oversee standards, quality, performance and management of the locally delivered housing service. Ensure compliance with the terms of a management agreement between the Director of Housing and each area director. Hold local service managers to account for the delivery of housing services according to agreed standards. Manage agreed Housing Revenue Account budgets for the area in consultation with the Director of Housing. Seek efficiencies to be reinvested into improved housing services subject to the terms of the management agreement. Agree local housing investment priorities and oversee housing investment projects in the area.

4.6.2

4.6.3

4.6.4

4.6.5

4.6.6

4.6.7

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5. 5.1 LEA Governor Appointments Panels

Constitution

The area committee for each of the areas identified in paragraph 3.3 will appoint a sub-committee to be known as the [Name of Area Committee] LEA Governors Appointments Panel. The Panel may delegate the discharge of any of its functions to an officer of the Council. Composition

5.2

5.3

The Panel shall comprise five members of Council. Quorum

5.4

The quorum of the Panel shall be three voting members. Role and Functions

5.5

The Panel will appoint LEA school governors to the governing bodies of schools located within the area served by the area committee.

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6. 6.1 6.2 Planning Committee The Council will appoint the Planning Committee.

Constitution

The Committee may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition

6.3

The Committee shall comprise 15 members of Council. Quorum

6.4

The quorum of the Committee shall be 5 voting members. Role and Functions

6.5

The Committee will discharge the following planning and conservation functions: 6.5.1 The functions relating to town and country planning and development control specified in paragraphs 1 to 27 of Part A, paragraphs 10 to 12 of Part I of Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and associated matters. All matters under the Town and Country Planning (General Permitted Development) Order 1995. Make recommendations upon planning legislation, guidance, policy, government proposals and related matters.

6.5.2

6.5.3

6.6

The registration of common land or town and village greens and the variation of rights of common as set out in paragraphs 37 and 38 of Part B of Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000. The exercise of powers relating to the regulation of the use of highways as set out in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 including all conditions, restrictions, amendments and enforcement relating to all the above functions including the amount of any charge.

6.7

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7. 7.1 7.2 Licensing Committee The Council will appoint the Licensing Committee.

Constitution

The Committee may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition

7.3

The Committee shall comprise 11 members of Council. Quorum

7.4

The quorum of the Committee shall be 4 voting members. Role and Functions

7.5

The hackney carriages and private hire vehicles, goods and miscellaneous licensing and registration functions specified in paragraphs 1 to 5, 15 to 36, 39 to 46 and 56 to 68 of Part B of Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, including all conditions, restrictions, charges and enforcement relating to those functions including any amending legislation. The licensing functions under Licensing Act 2003 and Gambling Act 2005 including any amending legislation Make recommendations upon licensing legislation, guidance, policy, government proposals and related matters.

7.6 . 7.7

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8. 8.1 8.2 Appeals Committee The Council will appoint the Appeals Committee.

Constitution

The Committee may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition

8.3

The Committee shall comprise five members of Council. Quorum

8.4

The quorum of the Committee shall be three voting members. Role and Functions

8.5

The Committee will: 8.5.1 Consider and determine any appeal against dismissal, grading and any determination of a grievance by employees of the Council in accordance with Council policies and the Local Government and Housing Act 1989. Consider and determine student award appeals, home to school transport appeals and discretionary hardship payments appeals. Act as and determine matters brought to the Corporate Complaints Panel, Member Notice of Possession Proceedings Panel and Disputes Panel.

8.5.2

8.5.3

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9. 9.1 9.2 Civic Committee The Council will appoint the Civic Committee.

Constitution

The Committee may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition

9.3

The Committee shall comprise five members of Council. Quorum

9.4

The quorum of the Committee shall be two voting members. Role and Functions

9.5

The Committee will: 9.5.1 Deal with civic matters relating to the Council including the giving of consent to use the Council’s armorial bearings under section 44 of the Kingston upon Hull Act 1984. Make recommendations to Council regarding the admission of freemen, the conferment of the title of Honorary Alderman and the admission of Honorary Freemen of the City.

9.5.2

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10. 10.1 10.2 Audit Committee The Council will appoint the Audit Committee.

Constitution

The Committee may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition

10.3

The Committee shall comprise nine members of Council and include the Chair of the Standards Committee as a non-voting member. Quorum

10.4

The quorum of the Committee shall be four voting members. Role and Functions

10.5

The Committee will: Audit Activity 10.5.1 Consider the Audit and Business Risk Manager’s annual report and opinion, and a summary of Internal Audit activity (actual and proposed) and the level of assurance it can give over the Council’s corporate governance arrangements and identified risk areas.. Consider summaries of specific Internal Audit reports. Consider reports dealing with the management and performance of the providers of internal audit services. Consider reports from Internal Audit on agreed recommendations not implemented within a reasonable timescale. Consider the External Auditor’s Annual Letter and relevant reports . Consider specific reports as agreed with the External Auditor. Comment on the scope and depth of external audit work and to ensure it gives value for money. Liaise with the Audit Commission over the appointment of the Council’s external auditor. Commission work from Internal and External Audit through the agreement of audit plans and in discussion with the Director of Corporate Resources.

10.5.2 10.5.3

10.5.4

10.5.5 10.5.6 10.5.7

10.5.8

10.5.9

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Regulatory Framework 10.5.10

Constitution

Maintain an overview of the Council’s Constitution in respect of Contract Procedure Rules, Financial Regulations and Treasury Management arrangements. Review any issue referred to it by the Chief Executive, Deputy Chief Executive, assistant chief executive or a director and any Council body. Monitor the effective development and operation of risk management and corporate governance in the Council and approve the risk management policy and strategy and the annual risk management report. Approve and oversee Council policies on Anti-Fraud and Corruption Strategy and Money Laundering and consider their effectiveness as part of the Council’s control environment. Approve the Annual Governance Statement. Oversee the Council’s arrangements for corporate governance and agreeing necessary actions to ensure compliance with best practice. Oversee the Council’s compliance with its own and other published financial standards and controls. Accounts

10.5.11

10.5.12

10.5.13

10.5.14 10.5.15

10.5.16

10.5.17

Approve the annual statement of accounts and specifically consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council. Consider the External Auditor’s report to those charged with governance on issues arising from the audit of the accounts.

10.5.18

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11. 11.1 11.2 Standards Committee The Council will appoint the Standards Committee.

Constitution

The Committee may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition

11.3

The Committee shall comprise at least three members of Council and seven other persons who are not members or officers of the Council or any other relevant authority and are appointed by the Independent Member Appointment Panel and known as ‘independent members’. The Leader of Council shall not be appointed to the Committee and not more than one member of the Cabinet may be appointed to the Committee. The Chair of the Committee shall be an independent member. Quorum

11.4

11.5

11.6

The quorum of the Committee shall be three voting members provided that this includes one member of Council and one independent member. Role and Functions

11.7

The Committee has the following statutory roles and functions: 11.7.1 Promoting and maintaining high standards of conduct by members of Council and co-opted members. 11.7.2 Assisting members of Council and co-opted members to observe the Member Code of Conduct. 11.7.3 Advising the Council on the adoption or revision of the Member Code of Conduct. 11.7.4 Monitoring the operation of the Member Code of Conduct. 11.7.5 Advising, training or arranging to train members on matters relating to the Member Code of Conduct. 11.7.6 Granting dispensations to members from the requirements relating to the treatment of interests set out in the Member Code of Conduct. 11.7.7 Dealing with any written allegations concerning a failure by a member of Council to comply with the Member Code of Conduct ,

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Constitution

11.7.8 Dealing with any matter referred back from the Standards Board for England for local investigation. 11.7.9 Dealing with any case referred back from the Standards Board for England for local determination. 11.7.10 Dealing with any appeals concerning politically restricted posts. 11.8 In addition to the statutory roles and functions the Committee has the following roles and functions: 11.8.1 Advising the Council on standards and values. 11.8.2 Undertaking or arranging for periodic ethical governance audits on behalf of the Council and to advise the Council and monitor accordingly.

11.8.3 Advising the Council on the following policies and procedures, and their effectiveness and outcomes: 11.8.3.1 11.8.3.2 11.8.3.3 11.8.3.4 11.8.3.5 11.8.3.6 The ‘Whistleblowing’ Policy and Procedure. The Customer Feedback Scheme. Local Ombudsman cases. The Officer Code of Conduct. The Member/Officer Relations Protocol. The Procedure for Resolving Conflict between Employees and Council Members. The Planning Member Code of Conduct/Protocol. The policies and procedures of the Council which concern conduct, ethics and probity.

11.8.3.7 11.8.3.8

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12. 12.1 Member Panel for Officer Employment Procedure Rules

Constitution

The Council will appoint a committee to be known as the Member Panel for Officer Employment Procedure Rules. The Panel may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition

12.2

12.3

The Panel shall comprise ten members of Council. Quorum

12.4

The quorum of the Committee shall be four voting members. Role and Functions

12.5

The Panel will discharge the functions set out in the Officer Employment Procedure Rules.

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13. 13.1 Independent Members Appointment Panel

Constitution

The Council will appoint a committee to be known as the Independent Members Appointment Panel. The Panel may delegate the discharge of any of its functions to a subcommittee or an officer of the Council. Composition

13.2

13.3

The Panel shall comprise eight members of Council. Quorum

13.4

The quorum of the Committee shall be four voting members. Role and Functions

13.5

The Panel will, in accordance with relevant legislation and statutory guidance, make recommendations to the Council in respect to the following appointments: 13.5.1 13.5.2 The independent members of the Standards Committee. Members of the Independent Remuneration Panel.

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Constitution

CABINET COMMITTEES AND MEMBERS OF CABINET 14. 14.1 Corporate Trustee Committee The Leader of Council will appoint a committee to be known as the Corporate Trustee Committee. The Committee may, following consultation with the Leader of Council, delegate the discharge of any of its functions to an area committee or officer of the Council. Composition 14.3 The Committee shall comprise three members of the Cabinet. Quorum 14.4 The quorum of the Committee shall be two voting members. Role and Functions 14.5 The Committee shall: 14.5.1 Discharge the functions of the Council as corporate trustee in relation to those trusts where the Council is the sole trustee. Make any appointment as a trustee which falls to be made by the Council.

14.2

14.5.2

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15. 15.1 Asset Management Committee

Constitution

The Leader of Council will appoint a committee to be known as the Asset Management Committee. The Committee may, following consultation with the Leader of Council, delegate the discharge of any of its functions to an area committee or an officer of the Council. Composition

15.2

15.3

The Committee shall comprise five members of the Cabinet. Quorum

15.4

The quorum of the Committee shall be three voting members. Role and Functions

15.5

The Committee shall:

15.5.1

Advise on the discharge of executive functions relating to the Council’s land and property assets. Discharge the executive functions of the Council relating to land and property assets with a value not exceeding £5 million. Monitor and review the Capital Programme. Discharge executive functions relating to specific capital schemes, including the allocation of Capital Programme monies up to £5 million provided such decisions are within the Council’s budget and policy framework and comply with any requirement in the Constitution. Discharge executive functions relating to the Community Stadium Scheme. Discharge executive functions relating to the Schools Modernisation Programme concerning general decision making, agreeing major programme changes and progress monitoring and evaluation of service outcomes. Discharge the functions of the Council in the award of contracts in accordance with the Contract Procedure Rules.

15.5.2

15.5.3 15.5.4

15.5.5

15.5.6

15.5.7

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15.5.8

Constitution

Monitor the performance of contractors and the effectiveness of contracts in achieving desired outcomes and make recommendations for the improvement of monitoring and delivery of contracts arising from this function. Monitor the tender processes generally used by the Council in the award of contracts and to recommend changes and improvements arising from this function. Recommend to the Council changes and improvements to the Contract Procedure Rules arising out of the work of the Committee To approve recommendations from the Gateway Board (provided the proposals are consistent with the agreed Gateway strategy, the Gateway business plan approved by Cabinet, the Council’s Housing Strategy, the asset management strategy and do not involve other statutory processes on the part of the City Council.

15.5.9

15.5.10 . 15.5.11

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16. 16.1 Performance and Finance Committee

Constitution

The Leader of Council will appoint a committee to be known as the Performance and Finance Committee. The Committee may, following consultation with the Leader of Council, delegate the discharge of any of its functions to an area committee or an officer of the Council. Composition

16.2

16.3

The Committee shall comprise five members of the Cabinet. Quorum

16.4

The quorum of the Committee shall be two voting members. Role and Functions

16.5

The Committee shall ensure the Council’s continuous improvement through the monitoring and challenge of performance information, including budget monitoring as follows: 16.5.1 Review the monthly performance summary and quarterly performance overview reports ensuring clear action plans are in place to resolve any under performance. Ensure that action plans are adhered to, by the monitoring of specific action logs as required. Ensure that budget targets are being met and to request action to intervene if required. Agree the Council’s strategic measures and the action plans to fulfill them and then monitor updates on performance against these plans. Agree how the Council will meet its CPA targets and then request and monitor regular updates on performance against these targets. Evaluate and confirm that tangible service benefits are being achieved by the reported performance. Regularly monitor the strategic risk register; ensure that it is regularly updated and that necessary mitigating actions are undertaken. Report and where necessary make recommendations to Cabinet on any matter and in particular where further action, resource

16.5.2

16.5.3

16.5.4

16.5.5

16.5.6

16.5.7

16.5.8

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Constitution

reallocation or other intervention is required to meet performance targets. 16.5.9 Respond to any referrals from the Overview and Scrutiny Management Committee or a scrutiny commission relating to the above.

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17. 17.1 Children’s Services Committee

Constitution

The Leader of Council will appoint a committee to be known as the Children’s Services Committee. The Committee may, following consultation with the Leader of Council, delegate the discharge of any of its functions to an area committee or an officer of the Council. Composition

17.2

17.3

The Committee shall comprise five members of the Cabinet. Quorum

17.4

The quorum of the Committee shall be two voting members. Role and Functions

17.5

The Committee shall monitor and direct the Council’s implementation of the Children Act 2004 and oversight of development of Children’s Trust arrangements. In order to facilitate this, it is the Committee’s responsibility:17.5.1 To make decisions in respect of strategic planning for Children’s and Young People’s Services by the Council in line with all relevant legislation and the City Council’s constitution and strategies. To make recommendations to Cabinet on the delivery of cross cutting services where these have an impact on children & young people. To ensure the effectiveness and value for money of all Council Children and Young People’s Services. To monitor the Council’s contribution to the six outcomes for the Children and Young peoples Partnership and improved outcomes for children and young people. To ensure that the Director of Children and Young People’s Services and other chief officers across the council are held accountable by the Chief Executive and Elected Members for the contributions made by the services for which they are responsible to improve outcomes for children and young people. To ensure that children and young people are able to make a real contribution to the development of services by their active involvement in service design through seeking their feedback on effectiveness of services.

17.5.2

17.5.3

17.5.4

17.5.5

17.5.6

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17.5.7

Constitution

To have a particular focus on safeguarding and promoting the welfare of children and young people and hold the Director of Children and Young People’s Services to account for the work of integrated Local Authority children’s services. To receive reports an standards found during rota visits and action plans resulting from the same To receive an annual report relating to complaints To ensure that: 17.5.10.1 the needs of children and young people in the authority’s area have been assessed; resources from the Local Authority, other public agencies, the private sector, and the voluntary and community sector, have been identified; and services are being appropriately commissioned to bring better outcomes for children and Young People; 17.5.10.2 there are sufficient financial, human and other resources available to discharge the authority’s statutory children’s services functions and maintain service standards in the future, and staff are supported and developed so that they have the required competences; 17.5.10.3 the arrangements by which the Director of Children and Young People’s Services acts as principal point of contact for the conduct of local authority children’s services business with the Department of Children School’s and Families other government departments, and organisations with responsibility for inspections (e.g. inspectorates and commissions) are operating effectively; 17.5.10.4 information is being provided to national agencies as required; 17.5.10.5 services comply with statutory requirements, including equality and anti-discrimination legislation; 17.5.10.6 arrangements are in place through which concerns may be raised within the Local Authority that systems and practices may be unsatisfactory; and 17.5.10.7 the Terms of reference will be kept under review in line with the development of the Children’s Trust.

17.5.8

17.5.9 17.5.10

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18. 18.1 Kingstown Works Limited Shareholding Committee

Constitution

The Leader of Council will appoint a committee to be known as the Kingstown Works Limited Shareholding Committee. The Committee may, following consultation with the Leader of Council, delegate the discharge of any of its functions to an officer of the Council. Composition

18.2

18.3

The Committee shall comprise four members of the Cabinet. Quorum

18.4

The quorum of the Committee shall be three voting members. Role and Functions

18.5

The Committee shall discharge the functions of the Council as shareholder in Kingstown Works Limited including the approval of all matters reserved to the Council.

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19. The Cabinet and Members of the Cabinet

Constitution

Delegation of authority to discharge executive functions by the Leader of Council 19.1 The Leader of Council delegates to the Cabinet the authority to discharge the executive functions contained in Article 3.11. The Leader of Council may delegate to a member of the Cabinet the authority, subject to paragraph 19.9 below, to take decisions in the discharge of executive functions. The Leader may establish outside the formal member bodies structure of the Council, panels to advise the Leader or portfolio holder on matters within their remit. The Leader of Council delegates executive functions to officers in accordance with rule 20.1. The Cabinet may, following consultation with and unless the Leader of Council directs otherwise, delegate the discharge of an executive function to a committee of the Cabinet, a member of the cabinet, an area committee or an officer. A committee of the Cabinet may, following consultation with and unless the Leader of Council directs otherwise, delegate the discharge of an executive function to a member of the cabinet, an area committee or an officer. A member of the Cabinet may, following consultation with and unless the Leader of Council directs otherwise, delegate the discharge of an executive function to an area committee or an officer. An area committee may, following consultation with and unless the Leader of Council directs otherwise, delegate the discharge of an executive function to an officer. The fact that an executive function has been delegated shall not prevent the discharge of that function by the person or body that delegated the function. General provisions 19.10 The exercise by a member of the Cabinet of any delegated authority (including taking advice from a special panel referred to in paragraph 19.9.3 above) to take a decision in the discharge of an executive function is subject to the following: 19.10.1 The member has, in accordance with Article 7.3, first considered a written report prepared by an appropriate officer and which contains any relevant advice from the Chief Executive, the Director of

19.2

19.3

19.4

19.5

19.6

19.7

19.8

19.9

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Constitution

Corporate Resources and/or the Head of Legal and Democratic Services. 19.10.2 Where any expenditure may be incurred by the Council, the member of the Cabinet having responsibility for budget and finance shall be consulted and any decision shall be subject to the identification of sufficient approved budget to meet any expenditure. Any decision taken shall be in accordance with Council’s budget and policy framework, and any condition imposed by the law, this Constitution and any relevant statutory guidance. The exercise of any delegated authority in relation to a matter for which more than one member of the Cabinet has a responsibility shall be exercised by agreement between those members having a responsibility A member of the Cabinet may, as he/she may determine appropriate, refer any matter falling with the authority delegated to him/her to the Cabinet or a committee of the Cabinet. A member of the Cabinet shall not take any decision in the discharge of a function of a statutory officer, proper officer or any matter of a professional, managerial, operational or regulatory nature delegated to an officer pursuant to paragraph 20.1.2.

19.10.3

19.10.4

19.10.5

19.10.6

19.11 The Leader of Council may determine a scheme of delegation concerning the discharge of executive functions which may be subject to amendment at any time during the year. 19.12 The Leader of Council shall give written notice to the Chief Executive and to the person, body or committee concerned which sets out the extent of any amendment to the scheme and whether it involves the withdrawal of delegation from any person, body, committee or the Cabinet. The Chief Executive shall report to the next ordinary meeting of the Council any changes made by the Leader of Council. 19.13 A written notice given to a body or committee shall be deemed to be given to the body or committee when given to the chair of the body or committee. Monitoring Officer 19.14 The exercise by a member of the Cabinet of any delegated authority is subject to the statutory responsibilities of the Head of Legal and Democratic Services as the Council’s Monitoring Officer pursuant to section 5 of the Local Government and Housing Act 1989. Section 151 Officer

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Constitution

19.15 The Director of Corporate Resources, as the Council’s Section 151 Officer is authorised to take any action necessary to comply with statutory, regulatory and relevant codes of practice which relate to the financial management and administration of local authorities. The exercise by a member of the Cabinet of any delegated authority shall be subject to the statutory responsibilities of the Director of Corporate Resources pursuant to section 151 of the Local Government Act 1972. Record of delegated functions 19.16 A written record of all decisions to delegate a function to a member of the Cabinet shall be kept and a list of all such decisions shall be maintained by the Head of Legal and Democratic Services.

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20. Joint Arrangements

Constitution

Joint Structure Planning Advisory Committee with East Riding of Yorkshire 20.1 Advises on policy matters. Joint Waste Management Advisory Committee with East Riding of Yorkshire 20.2 Advises on policy matters. Humberside Combined Fire Authority 20.3 All duties in relation to fire prevention under the Fire Services Act 1947. Hull & Goole Port Health Authority 20.4 All functions in accordance with the Hull & Goole Port Health Authority Order 1982. Humber Bridge Board 20.5 All functions in connection with the Humber Bridge Act 1959. To operate and manage the Humber Bridge in accordance with the Humber Bridge Acts. Joint Appointments Committee for the Members of Humberside Police Authority 20.6 To nominate members to the Humberside Police Authority.

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OFFICERS 21. Officers of the Council

Constitution

Delegation of functions to officers by the Council, Leader of Council and the Cabinet 21.1 The Council, Leader of Council and the Cabinet delegate, subject to paragraph 20.5 below, to the Chief Executive, Deputy Chief Executive, assistant chief executives, directors and any officer acting in his/her place in accordance with paragraph 20.7 below: 21.1.1 The authority to take decisions that give effect to decisions of the Council, committees and sub-committees of the Council taken in the discharge of non-executive functions and the Leader of Council, the Cabinet and committees of the Cabinet taken in the discharge of executive functions within the officer’s area of responsibility. The authority to take routine decisions, including those of a professional, managerial, operational or regulatory nature, in the discharge of both non-executive and executive functions within the officer’s area of responsibility. The authority to take decisions in the discharge of both nonexecutive and executive functions within the officer’s area of responsibility having undertaken prior consultation with the Leader of Council, appropriate member of the Cabinet or chair of the appropriate committee or sub-committee. The authority, in relation to matters not falling within paragraphs 20.1.1 to 20.1.3 above, to submit a report and make, as may be appropriate, recommendations to the Council, the Leader of Council, the Cabinet, a committee (of the Council or the Cabinet) or a sub-committee.

21.1.2

21.1.3

21.1.4

21.2

An officer named in paragraph 20.1 in taking a decision shall: 21.2.1 Consider the nature of a proposed decision, the outcome and effect that may reasonably be expected to result and take these into account in determining under which of the authorities provided by paragraphs 20.1.1 to 20.1.4 above the decision falls. In particular, where any doubt arises as to whether prior consultation should be undertaken under paragraph 20.1.3 or a report made under paragraph 20.1.4, the consultation shall be undertaken or the report shall be made. Take full account of the financial effect of a decision and ensure that there is sufficient budget available to meet any cost to the Council.

21.2.2

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21.2.3

Constitution

Take full account of and act in accordance with the budget and policy framework and the policies, strategies, plans and objectives of the Council. Comply with all relevant legislation, statutory guidance and any requirement contained in this Constitution including the publication of details of any key decision in the Forward Plan. Take due account of the duty of Best Value and use the most efficient and effective means available, including the deployment of staff and other resources under their control and the procurement of other resources as may be necessary whether within or outside the Council. Act with due regard to the corporate interests of the Council.

21.2.4

21.2.5

21.2.6 21.3

The Council, Leader of Council and the Cabinet delegate to the Chief Executive and, in his/her absence, the Deputy Chief Executive the authority to discharge any non-executive or executive function in cases of emergency where it is not reasonably practical to undertake prior consultation in accordance with paragraph 20.1.3. Any decision and action taken pursuant to this authority shall be reported to the Cabinet or other appropriate body. An officer named in paragraph 20.1 above may refer a matter to the Leader of Council, Cabinet or appropriate committee or sub-committee for decision where he/she considers it expedient to do so. An officer named in paragraph 20.1 above may authorise an officer(s) to discharge, on his/her behalf, functions delegated to him/her. Where the authority to be provided involves the discharge of an executive function the officer shall consult the Leader of Council before providing any authorisation. Any decision taken under this authority shall remain the responsibility of the officer named in paragraph 20.1 above and shall be taken in the name of that officer who shall remain accountable and responsible for all such decisions. Where an officer named in paragraph 20.1 is to be absent for any period likely to exceed 5 working days, he/she or the Chief Executive, Deputy Chief Executive, assistant chief executive or director, as may be appropriate, must nominate in writing another officer to act in his/her place during their absence. The officer posts named in paragraph 20.1 shall be deemed to include any successor post or a post which includes within the job description for that post, elements relevant to a particular delegation, which were also present in the earlier post and shall include any officer acting up or seconded.

21.4

21.5

21.6

21.7

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Constitution

Head of Paid Service, Chief Finance Officer and Monitoring Officer 21.8 The Council designates the following posts, having the functions set out in paragraphs 20.8 to 20.25 below, as shown in the following table:
POST Chief Executive DESIGNATION Head of Paid Service

Director of Corporate Resources

Chief Finance Officer

Head of Legal and Democratic Services

Monitoring Officer

Head of Paid Service 21.9 The Head of Paid Service will report to full Council on the manner in which the discharge of the Council’s functions is co-ordinated, the number and grade of officers required for the discharge of functions and the organisation of officers.

21.10 The Head of Paid Service will determine and publish a description of the overall management structure of the Council. 21.11 The Head of the Paid Service may not at the same time be the Monitoring Officer or hold the post of Chief Finance Officer. Chief Finance Officer 21.12 The Chief Finance Officer will, following consultation with the Head of the Paid Service and the Monitoring Officer, report to the full Council (or the Cabinet in relation to an executive function) and the Council’s external auditor if he/she considers that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or if the Council is about to enter an item of account unlawfully. 21.13 The Chief Finance Officer shall have responsibility for the administration of the financial affairs of the Council. 21.14 The Chief Finance Officer will contribute to the corporate management of the Council, in particular through the provision of professional financial advice. 21.15 The Chief Finance Officer will provide advice on decision-making, maladministration, financial impropriety, probity and budget and policy framework issues to all members and will support and advise members and officers in their respective roles. 21.16 The Chief Finance Officer may provide financial information to the media, members of the public and the community.

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Monitoring Officer

Constitution

21.17 The Monitoring Officer will maintain and keep up to date the Constitution and is authorised to make such amendments to the Constitution and related documents as may be necessary to reflect and take account of changes in legislation, statutory guidance, Council policy, decisions of the Council and the Cabinet, and drafting changes and/or improvements. The Monitoring Officer will ensure that the Constitution is available for consultation by members, staff and the public. 21.18 The Monitoring Officer will, following consultation with the Head of Paid Service and the Chief Finance Officer, report to the full Council (or the Cabinet in relation to an executive function) if he/she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such report will have the effect of stopping the proposal or decision from being implemented until the report has been considered. 21.19 The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through the provision of support to the Standards Committee. 21.20 The Monitoring Officer will receive and act on reports made by ethical standards officers and decisions of case tribunals. 21.21 The Monitoring Officer will be responsible for investigations into complaints concerning members of Council and into matters referred by ethical standards officers and make reports or recommendations in respect of them to the Standards Committee. 21.22 The Monitoring Officer shall be the proper officer for recording executive decisions and will ensure that executive decisions, together with the reasons for those decisions and relevant officer reports and background papers, are made publicly available as soon as possible. 21.23 The Monitoring Officer will advise whether decisions of the Cabinet are in accordance with the budget and policy framework. 21.24 The Monitoring Officer will provide advice on the scope of legal powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all councillors. 21.25 The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service.

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Constitution

Duty to provide resources to the Chief Finance Officer and Monitoring Officer 21.26 The Council will provide the Monitoring Officer and the Chief Finance Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed. Appointment of Proper Officers 21.27 The Chief Executive, Deputy Chief Executive, assistant chief executives, directors and area directors are the proper officer for all purposes relating to his/her area of responsibility. 21.28 The Council designates the following posts to be the proper officer for the functions indicated in the table below. The Chief Executive shall, where necessary, appoint a proper office for the discharge of Council functions where any appointment is required. 21.29 Where in any legislation reference is made to a Proper Officer of the Council and no officer has been appointed by the Council to act for that purpose, then the Chief Executive will be deemed to be the Proper Officer until a resolution is passed by the Council appointing a particular officer as Proper Officer for that purpose. If the Chief Officer is unable to act, this power shall be delegated to the Deputy Chief Executive, if the Deputy Chief Executive is unavailable, to the Monitoring Officer. Births and Registration Act 1953 Section Description Proper Officer 6 Registration between 3 and 12 months and from Superintendent the date of birth. Registrar of Births, Deaths and Marriages 13 Registration of name of child or alteration of Superintendent name. Registrar of Births, Deaths and Marriages Local Authority Social Services Act 1970 Section Description Appointment of Director of Social Services

Proper Officer Head of Community Care Services

Local Government Act 1972 Section Description 83(1) – Officer to whom persons elected shall make (4) declaration of acceptance of office: Mayor, Deputy Mayor, Councillor 84 The Officer to whom a person elected to any

Proper Officer Chief Executive

Chief Executive

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office under the Borough Council may give written notice of resignation. 88(2) The Officer who may convene a meeting of the Council for the election to fill a vacancy. The Officer who may receive notice in writing of a casual vacancy in the office of Councillor from two local government electors

Constitution

Chief Executive

89(1) (b) 96(1)

Chief Executive

96(2)

Receipt of notices of personal and prejudicial Head of Legal and Democratic interests. Services The Officer who shall keep the record of Head of Legal disclosures of personal and prejudicial and Democratic Services interests Exclusion from reports open to inspection, parts relating to items during which the meeting is likely not to be open to the public. The supply to the press of additional material supplied to Members of the Council in connections with items of business to be discussed. Preparation of a written summary of those parts of the proceedings of a Committee which disclose exempt information. Officer responsible for identifying background papers and compiling lists of such documents. Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services

100B (2) 100B (7)(c)

100C (2) 100D (1)(a) and (5)(a) 100F (2)

115(2)

Making of decisions as to documents disclosing exempt information which are not required to be open to inspection by Members of the Council. The Officer who shall receive all money due from every officer employed by the Council.

146(1) (a) and (b) 151

191(2) (b) and (4)(b)

Director of Corporate Resources The Officer who shall give statutory Director of declarations and certificates with regard to Corporate securities on the change of name or status. Resources The Officer responsible for the proper Director of administration of financial affairs. Corporate Resources The Officer to whom applications under Head of Legal Section 1 of the Ordnance Survey Act 1842 and Democratic should be sent. Services

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204 Officer to whom notice of application for a Justices License under schedule 1 of the Licensing Act 1964 should be given. The Officer to whom where immediately before 1st April 1974, any power of property held by the council with respect to a charity shall be vested to. The officer who receives the deposit of Documents and consequently has responsibility for the making of notes or endorsements and receipts The Officer who shall certify that a document is a photographic copy of a document in the custody of the Council. The Officer who may authenticate documents.

Constitution
Head of CitySafe Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services Chief Executive

210(6) and (7)

225(1)

229(4) and (5) 234

236(9)

238

The Officer who is responsible for sending certified copies of byelaws to appropriate bodies. The Officer who shall certify copies of byelaws as true copies. The officer who shall keep the roll of Freemen in the City. This schedule regulates the meetings and proceedings of local authorities.

248(2)

Schedule 12 Para 4(3) Schedule 12 Para 25(7) Schedule 14

The Officer who may receive notice from a Head of Legal member of the address to which a summons and Democratic to a meeting has been sent. Services The Officer who may certify copies of Head of Legal resolutions passed under the Public Health and Democratic Acts 1875 to 1925 as true copies for Services production in legal proceedings.

Local Government Act 1974 Section Description 30(5) The Officer who must effect publication in newspapers of the reports for Local Commissioner.

Proper Officer Chief Executive

Local Government (Miscellaneous Provisions) Act 1976 Section Description Proper Officer 41 The Officer responsible for certifying copies of Head of Legal resolutions, minutes and other documents and Democratic Services

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Representation of the People Act 1983 Section Description 28 Acting Returning Officer (Parliamentary Elections) 35 Returning Officer (Local Government Elections) Public Health (Control of Diseases) Act 1984 Section Description 11 Officer to be notified of cases of food poisoning/disease

Constitution

Proper Officer Chief Executive Chief Executive

18

20

Officer required to furnish information in the prevention of the spread of food poisoning and disease. Stopping of work to prevent spread of disease.

21

Power to exclude a child from school to prevent the spread of disease or food poisoning. Power to request a list of day pupils who are suffering from a notifiable disease. Infected articles not to be taken or sent to a public laundry for cleaning unless with the explicit permission of the proper officer The letting of a house or room further to a previous occupant suffering with a notifiable disease. Disinfection of premises

22

24

29

31

32

Removal of a person from an infected house.

48

Removal of body from mortuary for immediate burial Authentication of documents

59

60

Service of notification and other documents

Proper Officer Director of North Yorkshire & Humber Protection Unit Head of Community Care Services Head of Community Care Services Head of Community Care Services Head of Community Care Services Head of Community Care Services Head of Community Care Services Head of Community Care Services Head of Community Care Services Head of Community Care Services Head of Community Care Services Head of Community Care Services

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Housing Act 1985 Section Description 606(1) Reports on housing which is unfit for human and (2) habitation

Constitution
Proper Officer Head of Community Care Services

Weights and Measures Act 1985 Section Description 72 The appointment of inspectors in relation to weights and measures. Public Health (Infectious Diseases) Regulations 1988 Section Description All These regulations prescribe the duties of the proper officer with respect to notifications, reports of disease and measures for preventing the spread of disease. Local Government and Finance Act 1988 Section Description 114 The Officer responsible for making financial report to the authority.

Proper Officer City Trading Standards Officer

Proper Officer Director of North Yorkshire & Humber Protection Unit

Proper Officer Director of Corporate Resources

Local Government and Housing Act 1989 Section Description 4 Head of Paid Service 5 Monitoring Officer

19

Receipt of information about Members’ direct and indirect pecuniary interests.

Proper Officer Chief Executive Head of Legal and Democratic Services Head of Legal and Democratic Services

The Food Safety 1990 Section Description 49 Notices to be signed by proper officer.

Proper Officer Head of Community Care Services

Local Government (Committees and Political Groups) Regulations 1990 Section Description Proper Officer 8(1) and Officer to whom notice is delivered about the Head of Legal and (5) constitution of a political group, or the change of Democratic name of a political group. Services 9 and Officer to whom notice is delivered about a Head of Legal and 10 Councillor’s membership of, or cessation of Democratic membership of a political group. Services

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13 Officer to whom the wishes of a political group are expressed. Officer responsible for notifying a political group about allocations and vacations of seats.

Constitution
Head of Legal and Democratic Services Head of Legal and Democratic Services

14

Local Government Act 2000 Section Description 66 Matters referred to the Monitoring Officer.

81

Registers of Members’ Interests and other Monitoring Officer functions. Compensation for maladministration

92

Proper Officer Head of Legal and Democratic Services Head of Legal and Democratic Services Head of Legal and Democratic Services

The Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 Section Description Proper Officer 4(2) Officer who publishes the number that is equal Electoral to 5% of the number of the local government Registration electors for the authority’s area. Officer The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 Section Description Proper Officer 3(1) Officer responsible for producing a written Head of Legal statement of all executive decisions made at a and Democratic public or private meeting of Cabinet, including Services the information specified in regulations 3(2). 5(1) Officer responsible for ensuring that a copy of Head of Legal the following documents is available for public and Democratic inspection. Services 6 Officer responsible for compiling a list of Head of Legal background papers to the report referred to in and Democratic regulation 5 above. Services 9(2) Officer who may exclude whole or part of any Head of Legal report provided for public inspection under and Democratic regulation under 11(1), where the part Services excluded relates to a matter for which the proper officer considers a meeting not likely to be open to the public. 11(7)(c) Officer who may supply to a newspaper a copy Head of Legal of any document supplied to Cabinet and Democratic members, if she or he thinks fit. Services

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12(1) Officer responsible for publishing the information relating to key decisions specified in regulation 12. Officer responsible for doing the following where the inclusion of a matter on the forward plan is impracticable and the matter would be a key decision:  giving notice to the Chair of the relevant overview and scrutiny committee  making that notice available for public inspection Officer responsible for determining whether compliance with regulations 17(1) and (2) would involve the disclosure of either exempt information or advice provided by a political advisor or assistant

Constitution
Head of Legal and Democratic Services Head of Legal and Democratic Services

15(1)

17(3) and (4)

Head of Legal and Democratic Services

The Local Authorities (Standing Orders) (England) Regulations 2001 Section Description Proper Officer Paras 5 Officer for receiving notification of proposed Head of Legal and and 6 of appointment of certain officers, notifying Democratic Part II executive members of that proposed Services of appointment and for receiving and notifying of Schedule objections to the proposed appointment. 1 Anti-social Behaviour Act 2003 Section Description 40 Officer who is able to close noisy premises Children Act 2004 Section Description 18 Director of Children’s Services

Proper Officer Chief Executive

Proper Officer Assistant Chief Executive (Children and Young People’s Services)

Local Elections (Principal Areas) (England and Wales) Rules 2006 Section Description Proper Officer All The Officer to whom all references to the Chief Executive Proper Officer in these rules relate Coroners Act 1988 Section Description S1 Coroner

Proper Officer Coroner

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Constitution

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