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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 03/10/2006
INTERIM MANAGEMENT ARRANGEMENTS – AMENDMENT OF GOVERNANCE RULES



Summary & Purpose
With the redundancy of the post of Chief Executive, it is necessary to make amendments to the Council’s Contract Procedure Rules, Financial Regulations and Scheme of Delegation, which are all written around a scenario where there is such a post. It is necessary to make it clear as to which officers are to take actions in the absence of a Chief Executive. This will avoid ambiguity and enhance transparency and accountability. The Executive considered these proposals on June 2006, but the Council on 18th July 2006 agreed to refer the matter to the Constitution SIG for comment. The Constitution SIG considered the matter on 11th September and made the observations set out in this report.

APPENDIX I
Waverley Borough Council

Constitution SIG – 11TH September 2006

EXECUTIVE – 3RD OCTOBER 2006
_________________________________________________________________________
Title:

INTERIM MANAGEMENT ARRANGEMENTS – AMENDMENT OF GOVERNANCE RULES

[Wards Affected: All]
_________________________________________________________________________

Summary and purpose:

With the redundancy of the post of Chief Executive, it is necessary to make amendments to the Council’s Contract Procedure Rules, Financial Regulations and Scheme of Delegation, which are all written around a scenario where there is such a post. It is necessary to make it clear as to which officers are to take actions in the absence of a Chief Executive. This will avoid ambiguity and enhance transparency and accountability. The Executive considered these proposals on June 2006, but the Council on 18th July 2006 agreed to refer the matter to the Constitution SIG for comment. The Constitution SIG considered the matter on 11th September and made the observations set out in this report.
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Environmental implications:

There are no direct environmental implications, although the amendments to rules will affect the taking of actions in accordance with statutory duties and in the achievement of Waverley’s policies and priorities.

Social / community implications:

The same comments apply as for environmental implications, but additionally the amendments to rules will enhance public accountability.

E-Government implications:

There are no direct implications for e-government service delivery, except insofar as changes to rules will again have implications for decision-making.

Resource and legal implications:

The report concerns internal responsibilities, and as such has no financial or other resource implications, as any changes will be accomplished within existing budgets. There will be legal implications, as actions formerly taken by the Chief Executive will now be taken by different officers. There is also the need to acknowledge that the statutory role of Head of Paid Service will need to be formally and officially confirmed with the four directors, who must distinguish between tasks that they undertake and actions they approve in that role are distinct from their other service responsibilities.

There are implications for partnerships, as different officers will represent Waverley where in cases the Chief Executive formerly undertook that role.

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Introduction

1. Waverley’s internal rules have been written in such a way that the Chief Executive has been given responsibility for taking specific decisions and actions. With the deletion of the post of Chief Executive, the rules need to be revised so as to avoid, or reduce the scope for, ambiguity in the current situation where the four directors are to assume the role of Head of Paid Service (to be referred to as Managing Director). The SIG stressed that these are interim arrangements that may need to be reviewed as the Council’s restructuring process develops. There is no intention to, in any way, anticipate or pre-empt the outcome of that review.

2. The current rules are designed to introduce appropriate checks and controls. The involvement of two officers, specifically the Chief Executive and the relevant director, brought about such a check and control. Now a service director will, for a two-month period, also have to make decisions as Managing Director in respect of the services for which he is responsible. There is a potential for a conflict of interest to arise, and it is therefore necessary to make alternative arrangements to maintain the appropriate checks and controls. It is also important for the Directors to be aware of this potential and to distinguish between actions and decisions taken in their temporary role as Managing Director and those taken as a service director.

3. The rules that specifically need to be revised are Contract Procedure Rules, Financial Regulations, the Scheme of Delegation and some Procedure Rules. The proposed course of action for each is discussed in turn and appropriate recommendations made. It must be stressed that the issues raised are not intended to question the honesty and integrity of any of the officers involved, but members will appreciate that clear frameworks are essential to maintain confidence in the systems of internal control and high standards of corporate governance, and this is the aim of this report.

4. Throughout the period when the current interim arrangements are in place, it will be important that whichever director is fulfilling the role of Managing Director he accepts responsibility for actions initiated or instigated when another director fulfilled the role of Managing Director.

Scheme of Delegation

5. The Scheme of Delegation is post-specific when it gives authority to officers. For example, in some property related matters it will bestow authority on the Director of Planning and Development, and in others upon the Property and Development Manager. In other cases, it requires these two officers to consult each other. Sometimes it might require either of these officers to consult with the Chief Executive.

6. This is an illustration of the potential for a conflict of interests. The Director of Planning and Development is the line manager of the Property and Development Manager, and when required to consult together, the Director in his role as Managing Director, the intended control is potentially lost.

7. The Scheme has evolved over a period of time, and it appears that as a consequence the post titles sometimes given will not be the actual officer involved. For example, in many cases directors are required to consult the Chief Executive on legal matters, and it would be reasonable to interpret that as meaning the Head of Legal Services (sometimes referred to as Solicitor to the Council*). In such instances, the Head of Legal Services would be acting as one of the Chief Executive’s staff, and it would be deemed that the Chief Executive had delegated responsibility to the Head of Legal Services.

8. Further to the comment regarding the references to both “Solicitor to the Council” and “Head of Legal Services” to refer to the same post, it would be prudent to standardise references to “Solicitor to the Council” throughout the Scheme of Delegation. This would bring the Scheme into alignment with Contract Procedure Rules.

9. There are many instances in the Scheme where a director or one of their members of staff is required to consult the Chief Executive. In each of these, the subject matter involves a variety of legal matters. It would be within the spirit and style of the Scheme if these references to the Chief Executive were replaced with references to the Solicitor to the Council with the proviso that that officer consults the Managing Director. The relevant Scheme of Delegation items are listed at Annexe 1; members are asked to refer to the Members’ Handbook should they wish to read the full text.

10. In respect of licensing matters, the Scheme refers to the Chief Executive for some of the items between 224 and 263 inclusive. It would be reasonable and, again, within the intention and spirit of the Scheme to amend these references to read “Head of Committee and Member Services”, who is responsible for the licensing service, and the instances are also listed in Annexe 1.

Contract Procedure Rules

11. The Contract Procedure Rules (CPRs) refer to the “relevant chief officer” in respect of a contract, and this means the director who is responsible for the project (he may or may not be the line manager of the project leader). Some CPRs make reference to the Chief Executive, and in some instances these could be easily substituted as detailed in Annexe 2. (As with the Scheme of Delegation, the full text can be found in the Members’ Handbook.)

12. With reference to paragraph 4 above, whoever is the incumbent Managing Director at a point may be required to approve an action in respect of a project that commenced prior to their taking up the position. They will have to act as they would if taking up a position with a new employer, and will need to observe the date upon which they assumed the role and not seek the preceding director to retrospectively approve or authorise an action.

13. The circumstances under which there is potential for a conflict of interest is in respect of seeking a waiver for a contract where, as a relevant chief officer as defined in CPRs, the director who is also acting as Managing Director needs to seek the Chief Executive’s approval if they consider that a waiver is the best course of action and urgent approval is sought and the matter cannot wait until the Executive next meets or can be convened. The current requirement for a relevant chief officer to seek the Chief Executive’s approval is an important control. In such instances it will be necessary to regard this as falling under CPR W104, and the Managing Director, if also the relevant chief officer as defined by CPRs, is required to obtain the approval of the Chairman of the Executive.

14. Similarly, the Director of Finance has to be consulted and his approval sought on many aspects of CPRs. Whereas at present he is required to consult the Chief Executive in instances where he is the relevant chief officer (CPR W103), he will need to consult the Managing Director except at times when he is serving as Managing Director. At these times, he will also be required to consult the Chairman of the Executive. Revised wordings for CPR W103 and W104 are included in Annexe 4. Additional words are underscored, deleted words are struck through – the proposed wording assumes approval is given to replacing “Chief Executive” with “Managing Director”.

15. Since the last review of CPRs in March 2006, the Chief Officer Group has been renamed “Management Team”, and CPRs still refer to the Chief Executive. An overall change is recommended to replace such references with “Management Team” and “Managing Director” respectively.

16. There are a few minor amendments that have been identified since the review in March, and approval is sought to seek these, which are also set out in Annexe 5. Again, additional words are underscored and deleted words are struck through.

Financial Regulations

17. There are just 2 references to the Chief Executive within Financial Regulations, both of which can appropriately be replaced by reference to the Managing Director. These are in C403 and D203.

Staffing establishment - savings

18. At the meeting of the Executive on 6th September 2005, it was agreed that decisions to achieve savings in the staffing budget could be made by the Chief Executive (after consultation with the Leader and the Portfolio Holder for Finance and Human Resources). Now that the post of Chief Executive has been deleted, there is a need to replace this delegation. The Council’s Management Team recommends that the Executive should undertake such decisions by recommendation to the Council. This is covered by the Scheme of Delegation, item 3b and is included in Annexe 3 as an item to be deleted.

Council Procedure Rules

19. A number of sections of Waverley’s Constitution and Procedure Rules similarly contain references or delegations to the Chief Executive. A proposed reallocation of these roles is attached as Annexe 6. The guiding principles have been that roles relating to policy or leading the Management Team have been allocated to the Managing Director whilst routine matters such as notifying absences for purposes of substitution have been allocated to the Head of Committee & Member Services.

Conclusion

20. The deletion of the post of Chief Executive has ramifications for Waverley’s internal rules and governance arrangements. There is potential for conflicts of interest to arise, or for there to be ambiguity, and the recommended amendments to the Scheme of Delegation, Contract Procedure Rules and Financial Regulations would reduce the potential.

21. The SIG commended the changes as an interim solution and agreed it would meet again if necessary when the structure review is completed. The SIG also noted that the proposed Government White Paper on the role of local government, and developments in closer partnership working, may also need the SIG to review parts of the Constitution.

Recommendation

It is recommended to the Council that:

1. the changes to the Scheme of Delegation as set out in Annexes 1, 2 and 3 be approved;

2. all references in the Scheme of Delegation to “Head of Legal Services” be replaced by “Solicitor to the Council”;

3. the changes to CPRs as set out in Annexes 4 and 5 be approved;

4. references to “Chief Officer Group” and “Chief Executive” contained in CPRs be replaced with “Management Team” and “Managing Director” respectively;

5. references to the “Chief Executive” as contained in Financial Regulations C403 and D203 be replaced by “Managing Director”;

6. the changes to the Constitution, as set out in Annexe 6, be approved.

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Background Papers (DoF/MD)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.
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CONTACT OFFICER:

Name: Mark Hill Telephone: 01483 523240


Name: Robin Pellow Telephone: 01483 523222
E-mail: rpellow@waverley.gov.uk



Comms/Executive/2006-07/123.doc



Annexe 1
Scheme of Delegation items where reference to the Chief Executive should be replaced with “Solicitor to the Council (in consultation with the Managing Director)”

Matters Delegated to Officers
Current Responsible Officer
      1. Power to act in respect of the exercise of those powers delegated to the Executive in cases where a decision is required before the Executive next meets.
Chief Executive Solicitor to the Council (in consultation with the Managing Director) on the advice of the relevant Director(s) and after consultation in each case with the Leader and relevant portfolio holder.
4. Power to approve contributions towards the costs of appeal to a higher court incurred by other Local Authorities, provided that the Local Government Association advises that each case considered is a proper case towards which a financial contribution can be made. No such contribution shall exceed 50 and the circumstances must be reported to the Executive when the result of each appeal is known.Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation in each case with the Leader and relevant portfolio holder.
10. Power to authorise the issue and service of Notices to terminate leases pursuant to the Landlord and Tenant Act 1954, Section 25.Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with the Property and Development Manager.
11. Power to grant transfers from one person to the same person and another, of a mortgage, charge, easement, Wayleave, licence, lease or other document in which the Council has an interest where consent cannot reasonably be withheld. Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with Director of Finance and Director of Housing.
14. Authority to revise annually surveyors’ fees for estates and valuation work.Director of Finance.
15. Power to grant leases, licences or easements for periods not exceeding three years

16. Power to grant under-leases where the Lease provides that the tenant may not underlet without the Council’s prior written consent

17. Power to renew all leases, licences or easements
Power to grant Wayleaves

18. Power to approve variations to leases that do not prejudice the Council's interests

19. Power to approve assignments of leases/licences
20. Power to approve reserved matters under leases and licences

21. Power to approve matters of routine management and maintenance of all properties.
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Property and Development Manager, after consultation with Chief Executive Solicitor to the Council (in consultation with the Managing Director) and other Directors as appropriate.
23. Authority to take action, including legal proceedings, for recovery of rent arrears or the possession of land or other property in cases of non-payment of rent or other breach of terms of leases or licences in respect of non-housing properties.Property and Development Manager, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
28. Authority to take all necessary action to secure the removal of vehicles, property or persons pursuant to the provisions of Section 78 of the Criminal Justice and Public Order Act 1994.Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with the appropriate officers.
29. Arising from the CableTel franchise in Waverley:-
(ii) authority to negotiate and determine applications for Wayleaves across land owned by Waverley.
Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with the Property and Development Manager.
30. In respect of applications for easements for access and/or services over or under Council-owned land, powers to negotiate and agree terms in cases where the consideration involved does not exceed 10,000 (exclusive of any fees or VAT which may be payable).Property and Development Manager, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director), other Directors as appropriate and the local ward member(s).
32. Authority to certify contracts as intra vires pursuant to the Local Government (Contracts) Act 1997.Chief Executive Solicitor to the Council (in consultation with the Managing Director), Director of Housing, Director of Finance, Director of Planning and Development, Director of Environment and Leisure.
50. Authority to initiate legal proceedings for contravention of the Food Safety Act 1990 and other relevant statutory provisions. Environment Manager, subject to Chief Executive Solicitor to the Council (in consultation with the Managing Director) being satisfied with the evidence.
      86. Authority to initiate legal proceedings for dog control byelaw infringements.
Environment Manager, subject to the Chief Executive Solicitor to the Council (in consultation with the Managing Director) being satisfied with the evidence.

      104. Temporary closure of roads in accordance with Section 21 of the Town Police Clauses Act 1847 (for public processions, street fairs etc.)
Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with appropriate local Ward Members.
      109. Authority to submit observations to the Forestry Commission in relation to applications for Felling Licences.
Chief Executive Solicitor to the Council (in consultation with the Managing Director) on the advice of the Director of Planning and Development and after consultation in each case with the Chairman and Vice-Chairman of the Development Control Committee and at least one local member.
110. Authority to issue appropriate legal proceedings in the event of a breach of a Tree Preservation Order.Chief Executive Solicitor to the Council (in consultation with the Managing Director) on the advice of the Director of Planning and Development and after consultation in each case with the Chairman and Vice-Chairman of the Development Control Committee.
113. Institution of any action pursuant to Sections 23 and 24 of Local Government (Miscellaneous Provisions) Act 1976 (Dangerous Trees). Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with Director of Planning and Development.
114. Power to authorise officers to enter premises pursuant to the Local Government (Miscellaneous Provisions) Act 1976, S.24 insofar as it relates to dangerous trees.Director of Planning and Development, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
139. Authority to take appropriate action to deal with squatters in property managed by the CouncilDirector of Housing, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
141. Authority to institute appropriate proceedings, within the terms of the mortgage deed and legislation governing mortgages, to recover sums outstanding to the Council in respect of any mortgage arrears if such proceedings are deemed necessary. Director of Finance, after consultation with Chief Executive Solicitor to the Council (in consultation with the Managing Director) and Director of Housing.
153. Service of requisitions for information in respect of action by the Council.Chief Executive Solicitor to the Council (in consultation with the Managing Director).
157. Provision of staff housing up to a maximum of 75 dwellings.Director of Housing, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
160. Authority to relax Covenants affecting former Council properties disposed of under the Right to Buy provisions restricting the carrying out of alterations or additions without the Council’s consent in cases where it is not reasonable to charge a consideration and it is not detrimental to the Council’s interests, subject to payment of the Council’s reasonable legal costs.Director of Housing, after consultation with the Director of Planning and Development and the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
163. Authority to agree that the Council enter into Mortgage Indemnity Agreements under S.442 of the Housing Act 1985 with building societies and banks approved by the Department of the Environment subject to the following:-
(a) the prospective borrower is a Council nominee who would have to be allocated alternative social housing accommodation by the Council if he or she could not purchase a shared-ownership property;
Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with the Director of Housing and Director of Finance.


(b) the present shared-ownership lessee would have to sell on the open market if the Council's nominee could not proceed;
(c) the prospective purchasers’ circumstances have been investigated and the case is considered to be one where the borrower has sufficient income to maintain the mortgage repayments.
164. Authority to determine the most appropriate provisions to be contained in a Mortgage Indemnity Agreement depending on the individual circumstances of the case concerned, having regard to the interests of the Council.Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with the Director of Housing and the Director of Finance.
      165. Authority to vary the terms of individual DIYSO Leases in appropriate circumstances to enable the Shared Ownership Lessees concerned to acquire additional shares in their properties or to assign their DIYSO Leases at current market value, subject to the officers having carried out a financial assessment of the situation to ascertain whether the additional shares could be acquired or the Lease be assigned at the original market value (if this is the higher value).
Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with the Director of Finance and the Director of Housing.

166. Authority to:-
          1. vary the Conditions of Tenancy of individual Secure Tenants in cases involving nuisance and anti-social behaviour pursuant to Section 102 and 103 of the Housing Act 1985, subject to reporting back any substantive observations received to the Executive following service of a Preliminary Notice under Section 103;
Director of Housing, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
          2. make application for injunctions under Section 152 and 153 of the Housing Act 1996 to restrain anyone from causing or committing a nuisance or anti-social behaviour in very serious cases of emergency where there is a risk of harm to someone if an injunction is not obtained; and
3. apply for possession of Council dwellings on the ground of nuisance and anti-social behaviour using the accelerated procedure under Section 83 of the Housing Act 1985 (as amended by Section 147 of the Housing Act 1996) in serious cases of nuisance and anti-social behaviour.
172. Power to institute legal proceedings following any breach of the National Trust Byelaws.Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with the Director of Environment and Leisure.
175. Authority to institute proceedings in respect of offences under the Conservation of Wild Creatures and Wild Plants Act 1975.Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with the Leader and relevant Portfolio Holder and Director of Environment and Leisure.
176. Authority to enter into agreements with Surrey County Council on matters associated with the joint use of school football pitches, subject to any costs remaining within the relevant budget provision.Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with Director of Environment and Leisure.
      178. Authority to issue licences at a peppercorn rent to those householders or tenants wishing to maintain ground in situations where the Countryside and Amenities Manager considers such maintenance to be desirable.
Chief Executive Solicitor to the Council (in consultation with the Managing Director).

      181. Power to grant easements for access and/or services over/under Waverley-owned common land in cases where the position has persisted for a minimum period of twenty years before the date of application.
Property and Development Manager, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director), the Director of Environment and Leisure and the appropriate local member(s).
      191. The determination of applications for certificates of lawful use or development and certificates of lawfulness of proposed use or development.
Director of Planning and Development, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
195. The extensions of time to complete legal agreements already authorised.Director of Planning and Development, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
209. Formulation of statements required by the Secretary of State under the Town and Country Planning (Compensation and Certificates) Regulations 1974.Chief Executive Solicitor to the Council (in consultation with the Managing Director), after consultation with Director of Planning and Development.
217. Provision of a statement of special reasons for the service of a stop notice to take effect less than three days after service, in accordance with Section 184(3)(a) of the Town and Country Planning Act 1990. Director of Planning and Development, after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director).
219. Authority to sign and serve notices under Section 35 of the Local Government (Miscellaneous Provisions) Act 1976 (Powers to Remove Obstructions from Private Sewers)Chief Executive Solicitor to the Council (in consultation with the Managing Director)
Director of Environment and Leisure
Environment Manager.
      223E. Determination of applications where there is a requirement for the Council to enter into legal agreements and the power to authorise such agreements, provided no positive obligations are placed on the Council
Director of Planning & Development after consultation with the Chief Executive Solicitor to the Council (in consultation with the Managing Director)

Annexe 2
Scheme of Delegation items where reference to the Chief Executive should be replaced with “Head of Committee and Member Services”

Matters Delegated to Officers
Current Responsible Officer
      224. Power to act in respect of the exercise of those powers delegated to the Committee in cases where a decision is required before the Committee next meets.
Chief Executive Head of Committee and Member Services on the advice of the relevant Director(s) and after consultation in each case with the Chairman and Vice-Chairman of the Committee.
226. Issue of Hackney Carriage and Private Hire Vehicle Licences and Hackney Carriage and Private Hire Drivers’ Licences and Private Hire Operators’ Licences except any applications that reveal convictions for offences, which might affect the suitability of a person to hold a licence (Local Government (Miscellaneous Provisions) Act 1976).Chief Executive Head of Committee and Member Services.
227. Renewal of Gamekeepers Licences and licences to deal in game and kill game (Game Act 1831 and Game Licences Act 1860).Chief Executive Head of Committee and Member Services.
228. Occasional Music, Singing and Dancing, Sunday Music, Stage Play, Cinematography and Boxing and Wrestling Licences (Local Government (Miscellaneous Provisions) Act 1982, Theatres Act 1968 and Cinematography Acts 1909-1982).Chief Executive Head of Committee and Member Services, after consultation with Director of Planning and Development.
229. Power to deal with routine requests for extensions to annual or occasional Music, Singing and Dancing Licences beyond midnight (Local Government (Miscellaneous Provisions) Act 1982). Chief Executive Head of Committee and Member Services.
230. Power to deal with requests for extensions to annual or occasional Music, Singing and Dancing licences beyond midnight in cases where objections have been received (Local Government (Miscellaneous Provisions) Act 1982). Chief Executive Head of Committee and Member Services on the advice of the relevant Director(s) and after consultation in each case with the Chairman and Vice-Chairman of the Committee.
      236. Registration and issue of permits for small lotteries (Betting, Gaming and Lotteries Act 1963).
Chief Executive Head of Committee and Member Services.

      237. Registration of pools promoters (Betting, Gaming and Lotteries Act 1963).
Chief Executive Head of Committee and Member Services.
      241. Power to deal with notices served on the Council that application is being made to the Justices for grant/renewal of Club Registration Certificate (Licensing Act 1964).
Chief Executive Head of Committee and Member Services, after consultation with Director of Planning and Development.
242. Power to deal with notices served on the Council that application has been made to the Justices for the grant/ transfer/ renewal of Justices On-Licences and Part IV Licences (Restaurants, Guest Houses etc.) (Licensing Act 1964). Chief Executive Head of Committee and Member Services, after consultation with the Chairman and Vice-Chairman of the Committee, Director of Planning and Development and Environment Manager.
243. Power to deal with notices served on the Council that application has been made to the Justices for the grant/ renewal/transfer of licences issued under Schedule 2 of the Gaming Act 1968. Chief Executive Head of Committee and Member Services.
244. Power to deal with routine renewals of permits for use of machines for gaming by way of amusements with prizes. (Gaming Act 1968).Chief Executive Head of Committee and Member Services.
250. Authority to agree the fees to be charged for outdoor large events, including concerts, such fees to take account of the cost of administering the respective applications, including the costs of engaging any specialist consultants to advise on the applications.Chief Executive Head of Committee and Member Services, after consultation with the Director of Finance and the Chairman and Vice-Chairman of the Committee.
253. Application for personal licence - if no objection madeChief Executive Head of Committee and Member Services
254. Application for premises licence/ club premises certificate - if no representation madeChief Executive Head of Committee and Member Services
256. Application for provisional statement - if no representation madeChief Executive Head of Committee and Member Services
257. Application to vary premises licence/ club registration - if no representation madeChief Executive Head of Committee and Member Services
258. Application to vary designated personal licence holder - all other casesChief Executive Head of Committee and Member Services
259. Application for transfer of premises licence - all other casesChief Executive Head of Committee and Member Services
260. Application for Interim Authorities - all other casesChief Executive Head of Committee and Member Services
261. Decision on whether a complaint is irrelevant, frivolous, vexatious, etc.Chief Executive Head of Committee and Member Services
262. Authority for the purposes of administration and enforcement (including legal proceedings) under the Town Police Clauses Act 1847 the Transport Act 1980 and Part II of the Local Government (Miscellaneous Provisions) Act 1976, the Local Government (Miscellaneous Provisions) Act 1982, Theatres Act 1968 and Cinemas Act 1985 in order to deal appropriately with matters arising from the licensing of people, vehicles and premisesChief Executive
Head of Committee and Member Services
Democratic Services Manager*
Senior Licensing Officer*
Licensing Enforcement Officer

[* reflects amended job titles only]
263. Authority for purposes of administrative, enforcement and powers of entry under the Licensing Act 2003 for the following:- 13.12.05
      Section 33: Licensee failure to notify change of name or address.
        Section 40: Failure to notify former designated premises supervisor of change to new designated premises supervisor.
          Section 41: Failure of former designated premises supervisor (removed at their own request) to surrender premises licence or provide statement explaining failure to do so.
          Section 46: Failure to give notice of transfer to designated premises supervisor.
            Section 49: Failure to notify designated premises supervisor of interim authority notice.
              Section 56: Failure to produce premises licence to Licensing Authority when required to do so.
                Section 57: Failure to hold or produce a (copy of) the licence and or failure to display a summary thereof.
                Section 59: Entry into premises the subject of an application and action to respond to obstruction of an officer requiring such entry.
                Section 82/83: Failure to notify change of club name or rules or registered address.
                Section 93/94: Failure to surrender club premises certificate for updating on request, or give notice of who keeps the certificate, or produce it on request.

                Section 96: Entry on to premises subject to application for club premises certificate for inspection and action to respond to obstruction of an officer requiring such entry.
                  Section 108: Entry on premises referred to in a temporary event licence for assessment of effect on crime prevention objective and action to respond to obstruction of an officer requiring such entry.
                  Section 109: Failure to display or to produce temporary event notice on request.
                  Section 123: Failure to notify Licensing Authority of conviction for relevant or foreign offence.

                  Sections 127, 128 and 132: Failure to notify authority change of address or name of personal licence holder, or court of personal licence being held, or authority of convictions.
                    Section 134: Failure to produce personal licence to Licensing Authority for endorsement of conviction on request.
                      Section 135: Failure to produce personal licence when on premises and requested to do so.
                        Part 7: Any assessment or investigation or other action required for the prevention, detection or prosecution of offences referred to in Sections 136 to 158, Part 7 of the Act (or such other offences as may be included by statutory amendment in Part 7 or as are of a similar character).
                          Sections 160, 161 and 165: Permitting premises to be open in contravention of a closure order (or any extension of it) or

                          Section 168: while subject to review.
                            Section 179: Rights of entry on premises believed to be in use or about to be used for a licensable activity with a view to seeing whether activity is or is about to be carried on under and in accordance with an authorisation.
                        The Chief Executive
                        Head of Committee and Member Services
                        Senior Licensing Officer*
                        Licensing Enforcement Officer

                        [* reflects amended job title only]
                        Annexe 3

                        Scheme of Delegation items where reference to the Chief Executive should be replaced with other references as shown (deleted text shown with strike-through, replacement text shown in bold italics)
                        Matters Delegated to Officers
                        Proposed Responsible Officer
                            1. Power to act in respect of the exercise of those powers delegated to the Executive in cases where a decision is required before the Executive next meets.
                        Chief Executive Managing Director on the advice of the relevant Director(s) and after consultation in each case with the Leader and relevant portfolio holder.
                            2. Appointment of consultants in cases of urgency provided there is provision in the appropriate budget and provided such expenditure does not exceed 3,000 in any particular case.
                        Director of Planning and Development, or the Director of Housing or the Director of Environment and Leisure, or Director of Finance or Chief Executive as appropriate, after consultation with the Leader and relevant portfolio holder.
                            3b. Authority to make decisions in relation to terminating the services of employees in line with existing Council policy on early retirements and/or redundancy, where in best interests of Council to do so [to be reviewed by 31.3.07]
                        Chief Executive after consultation with Leader of Council and Portfolio Holder for Finance and Human Resources
                        8. Authority to approve attendance by Members at outside training courses and seminars, within existing training budgets. Chief Executive, Managing Director after consultation with the Leader and Deputy Leader.
                        13. Authority to offer shared ownership facilities to existing members of staff who are first time buyers and whose personal circumstances and role in the organisation justify support of this nature to retain their services. Chief Executive, Managing Director after consultation with the Leader and relevant Portfolio Holder.
                        33. Authority to serve and receive notices and to appoint a surveyor (including the Council's employed surveyor to act) on behalf of the Council in respect of Council-owned properties under the Party Wall Etc Act 1996.Chief Executive
                        Director of Environment and Leisure
                        Leisure Manager
                        Director of Planning and Development
                        Development Control and Policy Manager
                        Building Control Manager
                        Property and Development Manager
                        Director of Housing
                        Assistant Director of Housing
                        Surveying and Maintenance Manager
                        Business Manager.
                        34. Authority to witness the sealing of Council documentsChief Executive, Managing Director
                        Head of Legal Services
                        Head of Committee and Member Services
                        Principal Solicitor.
                            35. Authority for award of funding under the small grants (matched-funding) scheme
                        Chief Executive Managing Director or the Director of Finance, after consultation with the Leader and relevant Portfolio Holders.


                        Annexe 4
                        Replacement of references to the Chief Executive in Contract Procedure Rules

                        The following CPRs contain references to the Chief Executive or Chief Officer Group and the suggested replacement references are given next to the CPR number.

                        CPRSubjectProposed Responsible Officer
                        B103Signing contract under sealSolicitor to the Council
                        B105Approval to start contract before documents are signedManaging Director (subject to their not being the relevant chief officer and the provisions of CPR W)
                        J102Receipt and storage of tendersHead of Committee and Member Services
                        K103Recording contracts openedHead of Committee and Member Services
                        K108Opening of tenders received lateHead of Committee and Member Services
                        L103Approval of persons other than officers to be members of evaluation panelManaging Director
                        L104Signing of documentation to be used in evaluating tendersManaging Director
                        U101Maintenance of register of contractsHead of Committee and Member Services
                        W101Approval to waive CPRs to varying extentManaging Director
                        W103Director of Finance to refer to Chief Executive in cases where he is the relevant chief officer (where otherwise the relevant chief officer is required to consult the Director of Finance)Managing Director except when the Director of Finance is also Managing Director, in which case he should consult the Chairman of the Executive as in Annex 3.
                        W104Where the Chief Executive is the relevant chief officer (where otherwise the relevant chief officer is required to consult the Chief Executive)Managing Director (to consult with the Chairman of the Executive as in Annex 3).
                        W105Approval of a waiver (provision of evidence)Managing Director
                        VariousChief Officer GroupManagement Team

                        Annexe 5

                        Revised wording to Contract Procedure Rules

                        W103 In any instance where the relevant chief officer is required to consult the Director of Finance, where the Director of Finance is the relevant chief officer the Managing Director shall be consulted and their approval or advice sought. If the Director of Finance is, at the time being, also the Managing Director, the Chairman of the Executive shall be consulted and their approval or advice sought.

                        W104 In any instance where the relevant chief officer is required to consult the Managing Director, where the Managing Director is the relevant chief officer, the Chairman of the Executive shall be consulted and their approval or advice sought. If the relevant chief officer is, at the time being, also the Managing Director, the Chairman of the Executive shall be consulted and their approval or advice sought.

                        L110 [renumber as L111] In the event that during the assessment of tenders or quotations the relevant chief officer identifies a need to hold post tender/quotation negotiations discussions, the Director of Finance shall

                        L111 [renumber as L110] [wording to remain unaltered]

                        P102 For contracts over threshold 3 and up to and including threshold 4 in value, the relevant chief officer shall discuss with the Director of Finance to agree what assessment of the risks associated with the contract shall be undertaken. A bond or other form of appropriate security shall be obtained if, after this assessment has been considered by the Director of Finance, determines it is determined that the circumstances and nature of the contract warrant it. For contracts below threshold 3 in value, security will not be sought unless the relevant chief officer, in considering the nature and profile of the contract, considers that there are circumstances to warrant an appropriate form of security subject to obtaining the formal agreement of the Director of Finance.

                        Q101 Contract Procedure Rules shall not apply in the following circumstances (N.B. this CPR should be read in conjunction with Q103):
                        [rest of CPR unaltered]