The Constitution
Part 3A - Responsibility for Functions
Allocation of Responsibility for Functions –
Full Council and Committees
PART 3A – ALLOCATION OF RESPONSIBILITY FOR FUNCTIONS – FULL COUNCIL
AND COMMITTEES
1. Introduction
This Part of the Constitution deals with the allocation of responsibility for undertaking the
functions of the Council. Full Council is the primary decision-making body of the Council
and as such is responsible for the exercise of all the functions that are the responsibility of
the local authority.
However, in order to operate more effectively as an organisation, Full Council delegates
many of its decision-making powers to committees, to officers, and to other local
authorities.
2. Council Functions
Only the Council will exercise the following functions:
(a) Adopting and changing the Constitution
(b) Approving or adopting the Policy Framework and the Budget
(c) Subject to the urgency procedure contained in the Access to Information
Procedure Rules in Part 4 of this Constitution, making decisions about any
matter in the discharge of a committee function which is covered by the Policy
Framework or the Budget where the decision-making body is minded to make it
in a manner which would be contrary to the Policy Framework or contrary to, or
not wholly in accordance with, the Budget
(d) Approving changes to any plan or strategy which form part of the Council’s
Policy Framework, unless:
i.
that change is required by the Secretary of State or any Government
Minister where the plan or strategy has been submitted to him for
approval, or
ii.
Full Council specifically delegated authority in relation to these
functions when it approved or adopted the plan or strategy
(e) Agreeing and/or amending the terms of reference for committees and deciding
on their composition
(f) Appointing the Chairman/woman and Vice-Chairman/woman of each of the five
service committees
(g) Appointing the Chairman/woman and Vice-Chairman/woman of the General
Purposes Committee, who will also fulfil the respective roles of Leader and
Deputy Leader of the Council
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The Constitution
Part 3A - Responsibility for Functions
Allocation of Responsibility for Functions –
Full Council and Committees
(h) Appointing representatives to outside bodies unless the appointment has been
delegated by the Council
(i) Making appointments to the Fire Authority
(j) Approving the annual Senior Officer Pay Policy Statement
(k) Adopting a Members’ Allowances Scheme
(l) Changing the name of the area
(m) Conferring the title of Honorary Alderman/woman
(n) Confirming the appointment of, and dismissing, the Head of Paid Service, the
Monitoring Officer and the Chief Finance Officer (Section 151 Officer)
(o) Making any request to the Local Government Boundary Commission for England
for single-member electoral areas
(p) Passing any resolution to change the County’s electoral scheme
(q) Making an order to give effect to recommendations made in a community
governance review
(r) Making, amending, revoking, re-enacting or adopting Bylaws and promoting or
opposing the making of local legislation or personal Bills
(s) Delegating functions to other local authorities as described in Article 10 of this
Constitution
(t) Amending the Scheme of Delegation to Officers set out in Part 3D of this
Constitution
(u) Approving the Council’s Petitions Scheme set out in Part 4.1 of this Constitution
(v) All other matters which, by law, must be reserved to Council.
3. Delegation of Functions by Full Council
The functions which Full Council delegates to committees, to officers, and to other local
authorities are set out below:
Part 3B – Committees of Council
Part 3C – Joint Committees
Part 3D – Scheme of Delegation to Officers.
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The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Part 3B – RESPONSIBILITY FOR FUNCTIONS – COMMITTEES OF COUNCIL
Committees
In order to undertake its functions in a more efficient way Full Council establishes a
number of Committees to which it delegates authority to oversee and make decisions
relating to operation of its functions.
Full Council determines the size and the delegated authority of the committees and in
some cases is responsible for the appointment of the Chairman/woman and ViceChairman/woman. The seats on committees are allocated in accordance with the rules on
political proportionality and the Party Groups are responsible for nominating Councillors
from the group to fill the seats.
This part describes the Committees that the Council has established and includes details
of their membership and delegated authority for decision making.
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Part 3B - Responsibility for Functions
Committees of Council
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Part 3B - Responsibility for Functions
Committees of Council
General Purposes Committee
1.
GENERAL PURPOSES COMMITTEE
Membership
Seventeen members of the Council. Subject to proportionality, the Committee shall
include the Chairman/woman and Vice-Chairman/woman of the Adults Committee, the
Children and Young People Committee, the Economy and Environment Committee, the
Health Committee and the Highways and Community Infrastructure Committee. The
Chairman/woman and Vice-Chairman/woman of the General Purposes Committee shall
be appointed by Full Council and shall be, ex officio, the Council Leader and Deputy
Council Leader.
Summary of Functions
The General Purposes Committee (GPC) is authorised by Full Council to co-ordinate the
development and recommendation to Full Council of the Budget and Policy Framework,
as described in Article 4 of the Constitution, including in-year adjustments.
In addition, the GPC is authorised to make decisions on the allocation of matters amongst
committees where the function does not clearly fall within the remit of one particular
committee.
The GPC has a number of specific functions including the following:
•
•
Appointing members to a range of external bodies
Oversight of ‘corporate’ or council-wide matters such as customer services unless
reserved to Full Council.
Delegated Authority
Delegation/
Condition
In respect of the statutory and local plans, which form the Council’s Policy In consultation
Framework, authority to lead the development of draft proposals,
with relevant
consider and recommend them for approval by Full Council
Service
Committees
Authority to lead the development of the Council’s draft Business Plan
In consultation
(budget), to consider responses to consultation on it, and recommend a
with relevant
final draft for approval by Full Council
Service
Committees
Authority to recommend cross-cutting policies for approval by Full
Council, e.g. the policy on Disclosure and Barring Service checks for
councillors
Authority to consider decision reviews and either:
1. refer the matter for determination by Full Council
2. make recommendations to the relevant committee requiring the
Committee to reconsider the matter in accordance with the advice
of either the Monitoring Officer or the Chief Financial Officer
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Part 3B - Responsibility for Functions
Committees of Council
General Purposes Committee
Delegated Authority
Authority to determine an appeal against any decision by or on behalf of
the Authority except for those appeals whose determination falls with the
remit of another committee, officer or panel of the Council.
Authority to nominate representatives to Outside Bodies other than the
Cambridgeshire and Peterborough Fire Authority, the County Councils
Network Council and the Local Government Association
Authority to determine the Council’s involvement in and representation on
County Advisory Groups. The Committee may add to, delete or vary any
of these advisory groups, or change their composition or terms of
reference
Authority to review annual reports and inspection reports not within the
remit of another committee
Authority for monitoring and ensuring that Service Committees operate
within the policy direction of the County Council and making any
appropriate recommendations
Authority for monitoring and reviewing the overall performance of the
Council against its Business Plan
Authority to determine the most appropriate committee for considering
any matter which falls within the remit of more than one committee
Authority to respond to any consultations within the remit of more than
one committee as and when required
Authority for managing those functions relating to elections and local
democracy which are not reserved to Full Council
Authority for oversight, operation and review of ‘corporate’ services, for
example:
•
the Council’s internal and external communications policy and its
implementation
•
Information Governance including but not limited to Data Protection
and Freedom of Information
•
the Council’s customer strategy and any matters dealt with by the
Contact Centre, via digital channels or face-to-face
•
the Council’s response to its equalities duties
•
the Council’s Risk Management Strategy
•
the Council’s Emergency Planning arrangements
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Delegation/
Condition
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
General Purposes Committee
Delegated Authority
Delegation/
Condition
•
Authorising budget virement which is not covered within the limits of
virement contained in the Council’s financial rules, provided there is
no change in the approved policy framework of the Council. Virement
limits are set out in the Constitution in Part 3D (Scheme of Delegation
to Officers) and Part 4 (Financial and Contract Procedure Rules)
•
Authorising proposals which are not covered by the finance limits of
the Executive and Corporate Directors' delegated powers contained in
A3 – A7, as set out in the table at Paragraph 3 of Part 3D of the
Constitution, provided there is no change in the Council’s approved
budget and policy framework
•
Responsibility for the discharge of all functions and exercise of all
powers of the County Council not expressly reserved to the Full
Council or to any other part of the County Council by statute or by this
Constitution
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Part 3B - Responsibility for Functions
Committees of Council
General Purposes Committee
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Part 3B - Responsibility for Functions
Committees of Council
Adults Committee
2.
ADULTS POLICY AND SERVICE COMMITTEE
Membership
Thirteen members of the Council. The Chairman/woman and Vice-Chairman/woman of
the Committee shall be appointed by Full Council.
The Chairman/woman of the Adults Committee will be designated the Lead Councillor for
Adult Services in accordance with the ‘Best Practice Guidance on the Role of the Director
of Adult Social Services’ (Department of Health 2006).
Summary of Functions
This committee has delegated authority to exercise the Council’s functions relating to the
delivery, by or on behalf of the County Council, of social care services to eligible adults
within Cambridgeshire.
•
•
•
•
•
Services for people with physical disability
Services for people with learning disability
Preventative services
Residential care
Carer support.
Delegated Authority
Delegation/
Condition
Authority to take decisions relating to exercising management, oversight
and the delivery of all the Council’s relevant adult social care services (i.e.
social care services for people aged 18 or over with eligible social care
needs and their carers), except for those decisions which are reserved to
Full Council
Authority to undertake the Council’s functions for promoting choice and
independence in the provision of all adult social care
Authority to approve all strategies associated with the committee portfolio
area which are not reserved for Full Council
Authority to respond, as appropriate, on behalf of the Council to
Government consultation in respect of policy and/or legislation affecting
adult social care.
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Part 3B - Responsibility for Functions
Committees of Council
Adults Committee
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Part 3B - Responsibility for Functions
Committees of Council
Children and Young People Committee
3.
CHILDREN AND YOUNG PEOPLE POLICY AND SERVICE COMMITTEE
Membership
Thirteen members of the Council. The Chairman/woman and Vice-Chairman/woman of
the Committee shall be appointed by Full Council.
The following representatives, who shall be co-opted as non-elected members with voting
rights on those matters relating to the Council’s education functions. They may speak but
not vote on other matters.
•
•
1 Church of England diocesan representative
1 Roman Catholic diocesan representative.
The Chairman/woman of the Children and Young People Committee will be designated
the Lead Councillor for Children and Young People’s Services in accordance with Section
19 of the Children Act 2004.
Summary of Functions
This committee has delegated authority to exercise all the Council’s functions, save those
reserved to Full Council, relating to the delivery, by or on behalf of, the County Council, of
services relating to children and young people. These include:
•
•
•
•
•
•
•
Child protection
Children’s Centres
Education, Schools and settings
Looked After Children
Special Educational Needs (SEN)
Youth Offending Services
Youth services.
Delegated Authority
Delegation/Condition
Authority for exercising management, oversight and delivery of
services to children and young people in relation to their care,
wellbeing, education or health, with the exception of any powers
reserved to Full Council
Authority for the functions and powers conferred on or
exercisable by the County Council as Local Authority in relation
to the provision of education
Authority for working with all schools including academies in
relation to raising standards of attainment and developing
opportunities
Authority for exercising management, oversight and delivery of
Learning Outside of the Classroom and environmental education.
Part 3B, Responsibility for functions, Committees, Children and Young People [effective from 24th March 2015]
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Part 3B - Responsibility for Functions
Committees of Council
Children and Young People Committee
Delegated Authority
Delegation/Condition
Authority for exercising management, oversight and delivery of
Early Years services, including Children’s Centres
Authority for exercising management, oversight and delivery of
Enhanced and Preventative Services and Children’s Social Care
Authority for exercising management, oversight and delivery of
the Youth Offending Service
Authority for approval of all strategies associated with the
committee portfolio area that are not reserved to Full Council.
The making of arrangements in relation to appeals against the
exclusion of pupils from maintained schools pursuant to section
52 of the Education Act 2002 (appeals against exclusion of
pupils)
Delegated to the
Executive Director:
Children, Families and
Adults.
The making of arrangements pursuant to section 94(1), (1A) and
(4) of the School Standards and Framework Act 1998 (admission
appeals)
Delegated to the
Executive Director:
Children, Families and
Adults.
Delegated to the
Executive Director:
Children, Families and
Adults.
The making of arrangements pursuant to section 95(2) of the
School Standards and Framework Act 1998 (children to whom
section 87 applies); appeals by governing bodies
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Part 3B - Responsibility for Functions
Committees of Council
Economy and Environment Committee
4.
ECONOMY AND ENVIRONMENT POLICY AND SERVICE COMMITTEE
Membership
Thirteen members of the Council. The Chairman/woman and Vice-Chairman/woman of
the Committee shall be appointed by Full Council.
Summary of Functions
Delegated authority to exercise all the County Council’s functions, not otherwise reserved
to Full Council, relating to the Economy and Environment within Cambridgeshire including
the following:
•
•
•
•
•
Adult Learning and Skills
Growth and Economy
Major Infrastructure Delivery
Passenger Transport
Transport Infrastructure Policy and Funding
Delegated Authority
Delegation/
Condition
Authority for exercising all powers and implementing all strategies
associated with the Council’s Economy and Environment functions which
are not otherwise reserved for Full Council or any other body.
Authority to respond, as appropriate, on behalf of the Council to
Government consultation in respect of policy and/or legislation affecting
Planning, Strategic Environment and Transportation
Authority for exercising the Council’s functions in respect of all areas
covering the following:
•
•
•
•
•
•
•
•
•
•
•
•
•
County Planning - Minerals and Waste
Historic Environment
Flood and Water Management
Enterprise and Economy
Managing Local Energy Investment (MLEI)
Growth and Development including Travel for Work
Funding and Innovation
Managing capital programme
Major Infrastructure delivery projects (transport, highways and
cycling), with the exception of infrastructure delivery projects that
form part of a City Deal Infrastructure scheme as defined in the
Terms of Reference for Joint Development Control Committee for
Cambridge Fringes
Transport and Infrastructure Policy
Transport and Infrastructure Funding
CIL/S106 funding / innovative approaches
Funding bids
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Part 3B - Responsibility for Functions
Committees of Council
Economy and Environment Committee
Delegated Authority
•
•
•
•
•
•
•
•
•
Cambridgeshire Guided Busway
Park and Ride and Quality Bus Partnership
Public Transport
Social and Education Transport
Adult Careers Information and Guidance
Adult Skills including apprenticeships
Learning Services including online
Community Learning
Connecting Cambridgeshire Programme
Authority to exercise the statutory functions in relation to the scrutiny of
flood risk management under the provisions of the Flood and Water
Management Act 2010
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Delegation/
Condition
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Health Committee
5.
HEALTH POLICY AND SERVICE COMMITTEE
Membership
Thirteen members of the Council. The Chairman/woman and Vice-Chairman/woman of
the Committee shall be appointed by Full Council.
Five non-voting co-opted District Councillors, one from each District Council in
Cambridgeshire. District Councils shall be invited to nominate one member and one
substitute. The usual rules for substitution as set out in the Council Procedure Rules shall
apply.
Overview of Functions
This committee has delegated authority to exercise the County Council’s functions in
respect of the following:
•
•
•
•
The County Council’s public health duty including health improvement, individual
and community wellbeing, and reduction of health inequalities
Responding as appropriate to central government consultation relating to policy or
legislation falling within the remit of the Committee
The review and scrutiny of any matter relating to the planning, provision and
operation of the health services in Cambridgeshire
To report to the Secretary of State for Health on any proposals for substantial
change to any part of the NHS’s services within Cambridgeshire.
Delegated Authority
Delegation/
Condition
Authority to exercise the powers conferred by Section 21 of the Local
Government Act 2000 and Section 7 of the Health and Social Care Act
2001 as amended by the Health and Social Care Act 2012, and the Local
Authority (Public Health, Health and Wellbeing Boards and Health
Scrutiny) Regulations 2013 (SI 2013/218) to review and scrutinise any
matter relating to the planning provision and operation of the health
service in its area.
Authority to exercise the power under Section 23 of the Local Authority
(Public Health, Health and Wellbeing Boards and Health Scrutiny)
Regulations 2013 to report on a proposal for a substantial health service
development or variation to the Secretary of State for Health
Authority to delegate its functions under Section 7 of the Health and Social
Care Act 2001 as amended by the Health and Social Care Act 2012 to a
joint overview and scrutiny committee when this is required by the
Direction issued by the Secretary of State for Health in July 2003 or is
conducive to the efficient scrutiny of proposals affecting more than one
Social Services local authority area.
Authority to appoint members to a joint overview and scrutiny committee
established under the paragraph above. In this case the political balance
requirements will apply to such appointments.
Part 3B, Responsibility for functions, Committees, Health [effective from 24th March 2015]
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Part 3B - Responsibility for Functions
Committees of Council
Health Committee
Delegated Authority
Authority to assist the Director of Public Health in the exercise of the
Public Health statutory duties set out in
• the Health and Social Care Act 2012
• the NHS Bodies and Local Authorities (Partnership Arrangements,
Care Trusts, Public Health and Local Healthwatch) Regulations 2012
• NHS Act 2006
• Criminal Justice Act 2003
• Licensing Act 2003
• Water Industry Act 1991
• Water Industry Act 1988
• Mental Health Act 1983
• Mental Capacity Act 2005
Authority to oversee and undertake the Council’s functions relating to the
public health duty of the Council including health improvement, individual
and community wellbeing, and the reduction of health inequalities
Authority for approving all strategies associated with the committee
portfolio area not reserved for approval by Full Council
Authority to respond, as appropriate, on behalf of the Council to
Government consultation in respect of policy and/or legislation affecting
any of the responsibilities falling with the remit of the Health Committee
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Delegation/
Condition
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Highways and Community Infrastructure
6.
HIGHWAYS AND COMMUNITY INFRASTRUCTURE POLICY AND SERVICE
COMMITTEE
Membership
Thirteen members of the Council. The Chairman/woman and Vice-Chairman/woman of
the Committee shall be appointed by Full Council.
Summary of Functions
Delegated authority to exercise the County Council’s functions, other than those reserved
to Full Council, in relation to highways and community infrastructure within
Cambridgeshire including:
•
•
•
•
Assets and Commissioning
Community and Cultural Services
Supporting Businesses and Communities
Local Infrastructure and Street Management.
Delegated Authority
Delegation/
Condition
Authority for exercising all powers and implementing all strategies
associated with the Council’s Highways and Community
Infrastructure functions which are not otherwise reserved for Full
Council or any other body.
Authority for exercising all functions of the Council relating to the
following:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Trading Standards
Cultural Growth and Participation – Arts, Museums and Sport
RECAP (Recycling in Cambridgeshire and Peterborough
partnership)
Parking Services
Safety of Sports Grounds
Road, streets and paths maintenance, operations and
enforcement
Local Highway Improvement Initiative
Gritting, verge cutting and other routine works
Traffic Management systems and regulations
Road Safety
Maintaining Highways and rights of way records
Asset Management and information
Major Contracts (Highways services, waste and street
lighting)
Libraries
Archives
Registration
Part 3B, Responsibility for functions, Committees, Highways and Community Infrastructure [effective from 22nd March 2016]
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Part 3B - Responsibility for Functions
Committees of Council
Highways and Community Infrastructure
Delegated Authority
•
•
Delegation/
Condition
Coroners
Cromwell Museum
Authority to approve the Food and Feed Plan
Authority to approve minor changes to the overarching Enforcement
Policy and the Enforcement Policy specifically covering age
restricted goods, following an annual review of these policies by the
Head of Supporting Businesses and Communities
Authority to approve changes to the overarching Business and
Consumer Advice Policies following an annual review by the Head of
Supporting Businesses and Communities
Authority to approve the Safety of Sports Grounds Policy
Authority to approve the annual Parking Operations Report
Authority to exercise, in accordance with the relevant policies of the
authority and within the budget allocated for the purpose, the powers
of the County Council regarding the following issues within the
County’s administrative boundary.
•
For all districts except Cambridge City, authority to determine
traffic regulation orders/statutory notices where the completion of
the statutory consultation process results in objections, as per the
relevant Highway, Road Traffic Regulation and Traffic
Management legislation, with the exception of traffic regulation
orders/statutory notices sought as part of a City Deal
Infrastructure scheme as defined in the Terms of Reference for
Joint Development Control Committee for Cambridge Fringes
•
Authority to approve the Transport Delivery Plan
Authority to agree proposed revisions to Library Byelaws for
submission to the Department for Culture, Media & Sport for
approval
Head of Local
Infrastructure and
Street
Management in
consultation with
the Local Members
for all districts,
except Cambridge
City.
Final approval
required from
DCMS
Authority to revise and agree the Service Delivery Policy for Libraries
Authority to agree or revise a scheme for the delivery of registration
services in accordance with the Registration Services Acts 1952 and
2007
In consultation with
the General
Register Office
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The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Audit and Accounts
7.
AUDIT AND ACCOUNTS COMMITTEE
Membership
Seven members of the Council. The Chairman/woman and Vice-Chairman/woman of the
Committee shall be elected by the Audit and Accounts Committee.
The Audit and Accounts Committee shall be entitled to appoint up to three people at any
one time as non-voting co-opted members of the Committee. The Committee shall
determine whether the co-options shall be effective for a specified period, for specific
meetings or for specific items. The Committee may not co-opt any person who is an
active member of any political party defined as any person who engages in political
activities which would not be permissible if that person was an officer holding a politically
restricted post within the Council. Co-options may only be made if the person co-opted
has particular knowledge or expertise in the functions for which the Committee is
responsible.
Delegated Authority
Delegation/
Condition
1.
To undertake the County Council’s responsibilities under the
Accounts and Audit Regulations:
(a)
(b)
to consider and approve the annual statement of accounts
to ensure that the financial management of the Council is adequate
and effective
to ensure that the Council has a sound system of internal control
which facilitates the effective exercise of the Council’s functions and
which includes arrangements for the management of risk
to review annually the Council’s system of internal control and to
agree an Annual Governance Statement for inclusion in the
statement of accounts
to ensure that the Council has an adequate and effective internal
audit function
(c)
(d)
(e)
(The above statements summarise the requirements of the Regulations.
The following statements provide clarity about what the role of the
Committee is in practice.)
2.
To consider the effectiveness of the Council’s risk management
arrangements, the control environment and associated anti-fraud
and anti-corruption arrangements
3.
To oversee the Council’s Assurance Framework, ensuring that
action is being taken on risk-related issues identified by auditors and
inspectors
4.
To consider reports on the provision of internal audit services under
S.151 of the Local Government Act 1972 and the Accounts and
Audit Regulations 2003 (Regulation 6)
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Part 3B - Responsibility for Functions
Committees of Council
Audit and Accounts
Delegated Authority
5.
To review the financial statements, external auditor’s opinion and
reports to members, and monitor management actions in response
to the issues raised by external audit
6.
To approve and monitor delivery of the Internal Audit’s Strategy and
performance and to consider and endorse the Annual Work
Programme
7.
To ensure that there are effective relationships between external and
internal audit, inspection agencies and other relevant bodies, and
that the value of the audit process is actively promoted
8.
To seek assurance that action has been taken to implement the
recommendations arising from the findings of significant audit work
9.
To discuss the Audit Planning Memorandum with external audit
10.
To receive, for information, the Relationship Management Report
and Annual Audit Letter and to scrutinise the Council’s response to
issues raised
11.
To ensure that the Council’s Annual Governance Statement properly
reflects the risk environment and any actions required to improve it
12.
To advise on the content of revisions to the Council’s risk
management policy
13.
To make recommendations as to the wording and content of
revisions to the County Council’s Financial and Contract Procedure
Rules (NB changes to the Financial and Contract Procedure Rules
must be approved by Full Council in order to become effective.)
14.
To report as appropriate to Full Council, relevant Service Committee
and Constitution and Ethics Committee on issues which require their
attention or further action
15.
To bring to the attention of the General Purposes Committee any
issue which may warrant further consideration or review
16.
To approve and maintain the Council’s Code of Corporate
Governance
17.
To oversee the annual review of the effectiveness of the system of
internal audit
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Delegation/
Condition
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Constitution and Ethics Committee
8.
CONSTITUTION AND ETHICS COMMITTEE
Membership
Eleven members of the Council, including the Vice-Chairman/woman of Council, who shall
chair the Committee. The Vice-Chairman/woman of the Committee shall be elected by
the Committee.
Hearings Sub-Committees
The Monitoring Officer in consultation with the Chairman/woman of Constitution and
Ethics Committee shall appoint, as and when necessary, Hearings Sub-Committees to
consider and determine complaints against County Councillors alleging that they have
breached the Members’ Code of Conduct.
Hearings Sub-Committees shall comprise three members of the Constitution and Ethics
Committee including either the Chairman/woman or Vice-Chairman/woman. The
membership of the committee shall, as far as practicable, be politically proportionate.
Delegated Authority
Authority to oversee the operation of the Council’s Constitution
and authority to make recommendations to Full Council as to
amendments and improvements to the Council’s Constitution,
including the codes and protocols
Authority to hear and determine complaints against members
alleging breaches of the Members’ Code of Conduct
Authority to issue a sanction against a member found to be in
breach
Delegation/
Condition
Subject to the receipt
and consideration of
a report prepared by
the Monitoring Officer
Delegated to
Hearings SubCommittee
Delegated to
Hearings SubCommittee
Authority to oversee and approve the operation of the Council’s
functions relating to the promotion and maintenance of high
standards of conduct amongst members and co-opted members of
the County Council including:




Approving and issuing guidance to Members
Making recommendations to Full Council regarding the
suggested amendment of the Members’ Code of Conduct
Approving training to be provided to members in the Code
of Conduct
Monitoring the operation of the Code of Conduct
Authority to approve the granting, to any County Council
employee, of a dispensation in relation to disqualification from
political activities
Local Government
and Housing Act
1989
Part 3B, Responsibility for functions, Committees, Constitution and Ethics [effective from 13th May 2014]
3B-8, page 1
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Constitution and Ethics Committee
Delegated Authority
Delegation/
Condition
Authority to approve any changes regarding the Council’s WhistleBlowing policy and arrangements
Authority to select and to appoint persons as members of the
County Council’s Independent Remuneration Panel
Authority to receive and approve proposals regarding the Council’s
exercise of powers covered by the Regulation of Investigatory
Powers Act
Authority to issue dispensations to any member in respect of
statutory and non-statutory disclosable interests
Part 3B, Responsibility for functions, Committees [effective from 13th May 2014]
3B-8, page 2
Delegated to
Monitoring Officer
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
9.
PENSION FUND COMMITTEE
Membership
Representatives
of
Cambridgeshire
County Council
Members
Number
of seats
6
All other local
authorities,
police and fire
2
All other
employers
1
4 years from
2014
Active scheme
members
1
4 years from
2014
Deferred and
1
pensioner
scheme members
4 years from
2014
Total Committee
Members
Term of
Appointment
4 years from
County
Council
elections
4 years
Method of Appointment
Determined by Cambridgeshire County
Council Full Council.
Nominations determined by a
leaders/chief executives’ group.
Selection would be linked to the
respective employers’ election cycle.
Details of process to be agreed by the
Chairman/woman.
Nominations to be determined by eligible
employers. Details of process to be
agreed by the Chairman/woman.
Determined by Unison.
Where Unison fails to nominate a
Committee Member for any period of 6
months or more, nominations will be
requested from all eligible active scheme
members and a representative will be
picked following interviews. Details of
process to be agreed by the
Chairman/woman.
Determined by Unison. Where Unison
fails to nominate a Committee Member
for any period of 6 months or more,
nominations will be requested from all
eligible deferred and pensioner scheme
members and a representative will be
picked following interviews. Details of
process to be agreed by the
Chairman/woman.
11
Substitutes: Full Council may appoint substitute members to the Pension Fund Committee
in accordance with the scheme of substitution.
The Chairman/woman and Vice-Chairman/woman of the Committee shall be elected by
the Pension Fund Committee.
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 1
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
Delegated Authority
Authority to set the pension fund’s objectives and determine and
maintain appropriate strategies, policies and procedures with ongoing
monitoring in relation to the following areas:
Statutory
Reference/
Condition
Regulations
under the
Superannuation
Act 1972
•
Funding Strategy – ongoing monitoring and management of
the liabilities including ensuring appropriate funding plans are
in place for all employers in the Fund, overseeing the triennial
valuation and interim valuations, and working with the actuary
in determining the appropriate level of employer contributions
for each employer.
• Investment strategy – to determine the Fund's investment
objectives and to set and review the long-term high level
investment strategy to ensure these are aligned with the Fund's
specific liability profile and risk appetite.
• Administration Strategy – the administration of the fund
including collecting payments due, calculating and paying
benefits, gathering from and providing information to scheme
members and employers.
• Communications Strategy – determining the methods of
communications with the various stakeholders including
scheme members and employers.
• Discretions – determining how the various administering
authority discretions are operated for the Fund.
• Governance - the key governance arrangements for the Fund,
including representation.
• Risk Management Strategy – to include regular monitoring of
the Fund’s key risks and agreeing how they are managed
and/or mitigated.
Authority to approve and apply the policy on, and to take decisions
As above
relating to, employers joining and leaving the Fund. This includes
which employers are entitled to join the Fund, any requirements
relating to their entry, ongoing monitoring and the basis for leaving the
Fund.
Authority to agree the terms and payment of bulk transfers into and
out of the Fund in consultation with the S.151 Officer.
As above
Authority to consider and approve business plans at least annually
and monitor progress against them and to monitor compliance with
the Myners Principles on an annual basis.
As above
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 2
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
Statutory
Reference/
Condition
Authority to develop and maintain a training policy for all Pension
Regulations
Fund Committee and sub-committee members and for all officers of
under the
the Fund, including determining the Fund’s knowledge and skills
Superannuation
framework, identifying training requirements, developing training plans Act 1972
and monitoring attendance at training events.
Delegated Authority
Authority to select, appoint, monitor and where necessary terminate
advisors to the Fund not solely relating to investment matters.
As above
Authority to approve and issue Administering Authority responses to
consultations on LGPS matters and other matters where they may
impact on the Fund or its stakeholders.
As above
Authority to consider and determine where necessary, alternative
investment strategies for participating employers.
As above
Authority to oversee the work of the Investment Sub-Committee and
consider any matters put to them by the Investment Sub-Committee.
As above
Authority to set up Sub-Committees and Task and Finish Groups
including jointly with other LGPS Administering Authorities.
As above
Authority to review and amend the Statement of Investment Principles
on an annual basis, in consultation with the S.151 Officer.
As above
Authority to manage any other strategic or key matters pertaining to
the Fund not specifically listed above.
As above
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 3
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
9.1
PENSION FUND COMMITTEE INVESTMENT SUB-COMMITTEE
The Pension Fund Committee shall establish an Investment Sub-Committee with the
following membership and powers:Membership
All Investment Sub-Committee Members shall be drawn from Committee membership.
The Chairman/woman and Vice-Chairman/woman of the Investment Sub-Committee shall
be the Chairman/woman and Vice-Chairman/woman of the Committee respectively.
Representatives
of
Cambridgeshire
County Council
Members
Number
of seats
4
Term of
Appointment
As above
All other
employers
2
Scheme member
representative
1
Up to term of office
ceasing in
accordance with
Committee
membership or six
years whichever is
later
Up to term of office
ceasing in
accordance with
Committee
membership or six
years whichever is
later
Total
7
Method of Appointment
Determined by Cambridgeshire
County Council representatives on
the Committee. Details of process
to be agreed by the
Chairman/woman.
Determined by non-Cambridgeshire
County Council employer
representatives at the Committee.
Details of process to be agreed by
the Chairman/woman.
By agreement between Active and
Deferred/Pensioner
Representatives on Committee.
Details of process to be agreed by
the Chairman/woman.
Substitutes: the Pension Fund Committee may appoint substitute members to the
Investment Sub-Committee in accordance with the scheme of substitution. Similarly,
substitutes for the representatives of All other employers and of Scheme members may be
appointed by eligible employers and by Unison respectively.
Delegated Authority
Authority to implement the Fund’s investment strategy.
Authority to review and maintain the detailed asset allocation of the
Fund within parameters agreed with the Committee.
Statutory
Reference/
Condition
Regulations under
the Superannuation
Act 1972
As above
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 4
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
Delegated Authority
Authority to appoint and terminate investment managers to the Fund
and to monitor the performance of investment managers leading to
review and decisions on termination where necessary.
Statutory
Reference/
Condition
As above
Authority to appoint and monitor and where necessary terminate
external advisors and service providers solely relating to investment
matters, for example, the Fund Custodian, independent investment
advisers, investment consultants and investment managers.
Regulations under
the Superannuation
Act 1972
Authority to set benchmarks and targets for the Fund’s investment
managers.
As above
Authority to monitor the risks inherent in the Fund’s investment
strategy in relation to the Fund’s funding level.
As above
Authority to determine operational matters such as rebalancing and
the most appropriate methodology for asset transitions within
parameters agreed by the Pension Fund Committee.
As above
Authority to monitor and review:
As above
• Legislative, financial and economic changes relating to
investments and their potential impact on the Fund;
• The investment management fees paid by the Fund and to
implement any actions deemed necessary;
• The transactions costs incurred by the Fund across its
investment mandates and raise relevant issues and concerns
with the investment managers as necessary;
• The investment managers’ adoption of socially responsible
investment considerations, on an annual basis, including
corporate governance matters and a review of compliance
with the UK Stewardship Code.
Authority to receive reports on Interim Manager meetings and other
operational meetings.
Authority to undertake any task as delegated by the Pension Fund
Committee.
As above
Authority to provide minutes and such other information to the
Pension Fund Committee as they may request from time to time.
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 5
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
9.2
PENSION FUND BOARD
The Council shall establish a local pension board with the following membership and
powers:Membership
Representatives
of
Employers
Number
of seats
3
Term of
Appointment
4 Years
or until qualification
for membership
ceases
Method of Appointment
At least two representatives to be
appointed by Cambridgeshire
County Council Full Council
One representative appointed via
an open and transparent selection
process.
Scheme Members
3
Total
6
4 Years
or until
qualification for
membership
ceases
To be appointed via an open and
transparent selection process.
Delegated Authority
Authority to assist the administering authority in securing compliance
with (i) the Principal 2013 Regulations, (ii) any other legislation, and
(iii) requirements imposed by the Pensions Regulator in relation to
the Scheme.
Authority to assist the administering authority in ensuring the
effective and efficient governance and administration of the Scheme.
Statutory
Reference/
Condition
Local Government
Pension Scheme
(Amendment)
Regulations 2014
(Regulation
106(1)(a) & (b))
As above
(Regulation
106(1)(b))
The Chairman/woman and Vice-Chairman/woman of the Board shall be elected by the
Pension Fund Board.
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 6
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
Cambridgeshire Pension Fund Board (Standing Orders)
1.
Notice of Meetings
Meetings of the Board will be convened by the Administering Authority, who will
also arrange the clerking and recording of meetings (a member of the County
Council’s Democratic and Members’ Services Team will act as Clerk). Officers
from the LGSS Pension Service will provide pension fund information to the
Board.
The agenda and papers for meetings must be available at least five clear working
days before the meeting.
2.
Chairmanship
A Chairman/woman and Vice-Chairman/woman will be appointed by the
employer and member representatives of the Board from among their own
number but not from the same sector of representatives.
The role of the Chairman/woman is to ensure meetings are properly conducted,
decision making is clear and professional advice is followed. The Chairman/
woman will agree the agenda and approve the minutes for each meeting.
3.
Other members
The Board may appoint other members with the agreement of the Administering
Authority. Other members will not have voting rights on the Board.
4.
Reporting
The Board should in the first instance report its requests, recommendations or
concerns to the Pension Committee.
On receipt of a report, the Committee should, within a reasonable period,
consider and respond to the Board.
Where the Board is not satisfied with the response received it may request that a
notice of its concern be placed on the website and in the Fund’s annual report.
Where the Board is satisfied that there has been a breach of regulation which has
been reported to the Committee and has not been rectified within a reasonable
period of time it is under an obligation to escalate the breach.
The appropriate internal route for escalation is to the Monitoring Officer and the
Section 151 officer.
The Board may report concerns to the LGPS Scheme Advisory Board for
considering subsequent to, but not instead of, using the appropriate internal route
for escalation.
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 7
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
Board members are also subject to the requirements to report breaches of law
under the Act and the Code [and the whistleblowing provisions set out in the
Administering Authority’s whistle blowing policy].
The Board will publish an annual report of its activities for that year and include it
part of the Pension Fund’s annual report.
5.
Board Knowledge and Understanding
Every individual who is a member of the Board must be conversant with:
-
the rules of the Local Government Pension Scheme;
any document recording policy about the administration of the Fund which
is for the time being adopted in relation to the Fund.
Every individual who is a member of the Board must also have knowledge and
understanding of:
-
the law relating to pensions; and
such other matters as may be prescribed.
The Board shall establish and maintain a Knowledge and Understanding Policy
and Framework to address the knowledge and understanding requirements that
apply to Board members under the Act.
6.
Members’ Conduct
The Board should at all times act in a reasonable manner in the conduct of its
purpose. Part 5 - Codes and Protocols of the County Council’s Constitution will
therefore apply to all members of the Board.
The Board should always act within its terms of reference and standing orders.
7.
Termination of Membership
Board membership may be terminated prior to the end of the term of office due
to:
(i)
a member representative appointed on the basis of their membership of
the scheme no longer being a scheme member in the Fund;
(ii)
a member representative no longer being a scheme member or a
representative of the body on which their appointment relied;
(iii)
an employer representative no longer holding the office or employment or
being a member of the body on which their appointment relied;
(iv)
a Board member no longer being able to demonstrate to the Administering
Authority their capacity to attend and prepare for meetings or to
participate in required training;
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 8
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
8.
(v)
the representative being withdrawn by the nominating body and a
replacement identified;
(vi)
a Board member has a conflict of interest which cannot be managed in
accordance with the Code of Conduct;
(vii)
a Board member who is an elected member becomes a member of the
Pensions Committee;
(viii)
a Board member who is an officer of the Administering Authority becomes
responsible for the discharge of any function of the Administering
Authority under the Regulations.
Role of Advisors
The Board will seek alternative routes for advice prior to outside advisors being
commissioned at considerable cost. The approval of the Section 151 is required
if the Board needs to pay advisers.
9.
Urgent Items of Business and the Publication of Information
The Board will follow the requirements of the Local Government Access to
Information Act 1985 as set out in the Administering Authority’s Constitution.
10.
Working Groups/Sub-Committees
The Board will have the power to set up working groups/sub committees if
appropriate.
11.
Expenses
Board members will be able to claim reasonable expenses from the Pension
Fund if claimed within two months.
Travel by private vehicles will be reimbursed at the rates set for tax allowance
purposes by the Inland Revenue for business travel. Currently these are 45p per
mile for the first 10,000 miles and 25p a mile thereafter and an additional 5p per
mile where a passenger (another councillor) is carried.
Parking fees and public transport fares will be reimbursed at cost on production
of a valid ticket or receipt. In the case of travel by rail, standard class fare or
actual fare paid (if less) will be reimbursed.
12.
Public Access to Board Meetings and Information
The Board meetings can be open to the general public (unless there is an
exemption under the relevant legislation which would preclude part (or all) of the
meeting from being open to the general public.
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 9
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Pension Fund Committee
The following will be entitled to attend Board meetings in an observer capacity:
(a) Members of the Pension Fund Committee;
(b) Any person requested to attend by the Board.
Any such attendees will be permitted to speak at the discretion of the
Chairman/woman.
Part 3B, Responsibility for functions, Committees, Pension Fund Committee and Board [effective from 15th December 2015]
3B-9, page 10
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Planning Committee
10.
PLANNING COMMITTEE
Membership
Eleven members of the Council. The Chairman/woman and Vice-Chairman/woman of the
Committee shall be elected by the Planning Committee.
Delegated Authority
Delegation/Condition
Authority to exercise the Council’s powers and functions in
relation to:
See Scheme of
Delegation to Officers
and to Area
Committees




Development Control
The Planning (Hazardous Substances) Regulations 1992
Applications under the Commons Registration Act 1965
and the Commons Act 2006
Rights of Way
To undertake the Council’s functions in relation to Minerals and
Waste Local Development Documents, except where these
functions have been delegated by Council to the Joint
Development Control Committees for the Cambridge Fringes and
Northstowe
Subject to approval of
the policy framework
by Full Council
See Scheme of
delegation to Officers
Part 3B, Responsibility for functions, Committees, Planning [effective from 13th May 2014]
3B-10, page 1
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Planning Committee
Part 3B, Responsibility for functions, Committees, Planning [effective from 13th May 2014]
3B-10, page 2
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Staffing and Appeals Committee
P
11.
STAFFING AND APPEALS COMMITTEE
Membership
Eleven members of the Council. The Chairman/woman and Vice-Chairman/woman of the
Committee shall be selected and appointed by the Staffing and Appeals Committee.
When determining the remuneration policy for Cambridgeshire County Council
employees, the Committee shall be advised by the Head of Paid Service and the LGSS:
Director of People, Transformation and Transactions, or their nominees. The Committee
may, having sought the advice of the LGSS Director of People, Transformation and
Transactions, choose to be advised by an external independent adviser.
N.B. The Chairman/woman of the Committee shall be authorised to approve the co-option
of representatives from partner agencies onto the Committee in a non-voting capacity,
where this is considered relevant to the appointment being made.
Summary of Functions
The Committee has delegated authority to exercise the Council’s functions in respect of all
matters, save those otherwise reserved to other bodies, relating to the employment of the
Council’s officers and contractors including determining the terms and conditions of
employment.
Delegated Authority
Delegation/
Condition
Authority to determine the policy regarding the remuneration of
Subject to the
Statutory and Non-Statutory Chief Officers (including Deputies) of
approval of Full
Cambridgeshire County Council; and to implement and make decisions Council where
pursuant to and in accordance with that policy
required
Authority to undertake the selection of and to appoint Statutory and
Non-Statutory Chief/Deputy Chief Officers in accordance with Officer
Employment Procedure Rules
For the avoidance of doubt the term Statutory and Non- Statutory Chief
/Deputy Chief Officers has the same meaning as that contained in S.2
(6), (7) and (8) of the Local Government and Housing Act 1989
Subject to the
approval of Full
Council where
required
Authority for making arrangements with other authorities for the placing
of staff at the disposal of those authorities. (S.113 LGA 1972)
Chief Executive
and Directors
Authority for the approval of pay, terms and conditions of service and
training of employees except for approving the annual Senior Officer
Pay Policy Statement which is reserved to the Full Council
Chief Executive
Authority for oversight of the Council’s functions in connection with
employee relations including arrangements for consultation/
negotiation with Trades Unions
Part 3B, Responsibility for functions, Committees, Staffing and Appeals [effective from 15th December 2015]
3B-11, page 1
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Staffing and Appeals Committee
Delegated Authority
Authority to approve proposals from the Head of Paid Service in
relation to the overall staffing structure/restructure of the Council
Authority to oversee the work of the Service Appeals Sub-Committee
and consider any matters put to them by the Service Appeals SubCommittee
Part 3B, Responsibility for functions, Committees, Staffing and Appeals[effective from 15th December 2015]
3B-11, page 2
Delegation/
Condition
Chief Executive
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Staffing and Appeals Committee
11.1
SERVICE APPEALS SUB-COMMITTEE
The Staffing and Appeals Committee shall establish Service Appeals Sub-Committees as
required with the following membership and powers:
Membership
Any three members (including substitutes) of the Staffing and Appeals Committee, subject
to political proportionality.
The Monitoring Officer in consultation with the Chairman/woman of the Staffing and
Appeals Committee shall make arrangements for convening the sub-committee including
invitation of Members to form the Service Appeals Sub-Committee as and when required.
Overview of Functions
The Sub-Committee has delegated authority to hear and determine all appeals arising in
relation to decisions made by the County Council in the course of its activities other than
those undertaken by another body. The remit of the Sub-Committee includes appeals by
service users.
Delegated Authority
Delegation/
Condition
Authority to determine appeals against the non-payment of discretionary
awards to students
Authority to determine complaints about curriculum and related matters
under the terms of Section 409 of the Education Act 1996
Authority to determine appeals against decisions not to provide free or
subsidised home to school or college transport
Authority to consider appeals in relation to the licensing of approved
premises for marriages and other civil ceremonies
Authority to discharge the guardianship provisions under the Mental Health
Act 1983
Authority to determine appeals against decisions of the Authority to remove
a person from acting as the Local Authority’s representative on the
governing body of a school or other educational establishment
Part 3B, Responsibility for functions, Committees, Staffing and Appeals [effective from 15th December 2015]
3B-11, page 3
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Staffing and Appeals Committee
Part 3B, Responsibility for functions, Committees, Staffing and Appeals [effective from 15th December 2015]
3B-11, page 4
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Cambridgeshire Health and Wellbeing Board
12.
CAMBRIDGESHIRE HEALTH AND WELLBEING BOARD
Introduction
The Cambridgeshire Health and Wellbeing Board (HWB) is established as a committee of
the County Council under section 102 of the Local Government Act 1972. Its remit is to
work to promote the health and wellbeing of Cambridgeshire’s communities and its focus
is on securing the best possible health outcomes for all residents.
Membership
•
•
•
•
•
•
•
•
•
5 County Councillors
5 nominated District Council representatives
(supported by Senior District Council officer with Observer Status)
3 representatives of the Clinical Commissioning Group (CCG)
(nominated by the CCG Governing Body)
5 representatives for NHS providers (a mix of non-executive directors and
executives, one each from Cambridge University Hospitals NHS Foundation Trust;
Cambridgeshire and Peterborough NHS Foundation Trust; Cambridgeshire
Community Services NHS Trust; Hinchingbrooke Health Care NHS Trust;
Papworth Hospital NHS Foundation Trust)
1 representative of the local HealthWatch*
Director of Public Health*
Executive Director: Children, Families and Adults*
Chief Finance Officer (Section 151 Officer)
Representative of NHS Commissioning Board*
*
Statutory members of the HWB. There is also a statutory requirement for at
least one Local Authority Councillor, and at least one representative of the
CCG, to be a member of the HWB.
Powers and functions
Delegated Authority
Authority to respond to consultations about
commissioning plans issued by clinical commissioning
groups in connection with Section 26 of the Health
and Social Care Act 2012
Authority to encourage persons who arrange for the
provision of any health or social care services in the
Council’s area to work in an integrated manner
Statutory Reference/
Condition
Section 26, Health and Social
Care Act 2012
Section 195, Health and Social
Care Act 2012
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3B-12, page 1
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Cambridgeshire Health and Wellbeing Board
Delegated Authority
Authority to provide any advice, assistance and
support it thinks appropriate for the purpose of
encouraging the making of arrangements under
Section 75 of the National Health Service Act 2006
Statutory Reference/
Condition
Section 195, Health and Social
Care Act 2012
Section 75, NHS Act 2006
Authority to prepare the Joint Strategic Needs
Assessment (JSNA)
Section 116, Local Government
and Public Involvement in
Health Act 2007
Section 196, Health and Social
Care Act 2012
Authority to prepare the Joint Health and Wellbeing
Strategy based on the need identified in the Joint
Strategic Needs Assessment and overseeing the
implementation of the Strategy
Section 116A, Local
Government and Public
Involvement in Health Act 2007.
Section 196, Health and Social
Care Act 2012
Authority to discharge any other functions specifically
reserved to be undertaken by the Health and
Wellbeing Boards as set out in legislation, guidance,
circulars and directives received from national
government.
Part 3B, Responsibility for functions, Committees, Health and Wellbeing Board, Page 2 [effective from 10th May 2016]
3B-12, page 2
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Assets and Investments Committee
13.
ASSETS AND INVESTMENTS COMMITTEE
Membership
Any seven members of Council, subject to political proportionality.
Summary of Functions
The Committee has delegated authority to exercise the County Council’s functions
in respect of the following:
•
•
•
Decisions relating to the Council’s property and assets except for those
reserved to Full Council
The Property and Asset Investment Programme
The Property Rationalisation Programme
Delegated Authority
Delegation/
Condition
To review the Council's asset portfolio to identify opportunities and
develop policies to reduce the financial impact on the Council's
operating position and strengthen its financial sustainability.
Authority for the oversight and operation of all property-related
functions including acquisitions and disposals.
To approve and monitor the Council’s Asset Strategy.
To approve the Council’s Asset Management Plan, annually, and
as a consequence:
-
Consider and approve Asset Plans as they fall due for
review
Approve annual budget proposals from applicable Asset
Plans
Monitor the delivery of the asset plans throughout the
year
To consider and evaluate investment proposals for the acquisition
of land, and make recommendations to, General Purposes
Committee for the inclusion of viable investments within the
Business Plan.
To monitor all property investment proposals included within the
Business Plan to ensure successful delivery.
To consider and approve disposals for less that best consideration.
Part 3B, Responsibility for functions, Committees, Assets and Investments Committee, Page 1 [effective from 10th May 2016]
3B-13, page 1
The Constitution
Part 3B - Responsibility for Functions
Committees of Council
Assets and Investments Committee
Delegated Authority
Delegation/
Condition
To approve the granting of variations, renewal, and termination of
leases, licenses, dedications, and easements.
To consider and approve the use of Council owned assets by the
local community and other interested parties.
To promote all property investment opportunities for inclusion within
the Council’s Business Plan:
•
Consider, evaluate, and agree potential property disposals
and investment opportunities
•
Consider business cases for the sale of assets to the
Council’s Property Special Purpose Vehicle (SPV) for
inclusion within the Business Plan
•
Approve final business cases, that have been approved
within the Business Plan, for the sale of assets to the
Council’s Property SPV
To act as the Shareholder Committee for the purposes of the
scrutiny of the Council’s Property SPV.
To work with officers to facilitate/promote the development of
proposals for sharing property with partner organisations.
To consider and recommend property rationalisation proposals for
inclusion within the Business Plan.
To approve property rationalisation proposals that are in
accordance with the Business Plan.
To consider and make recommendations to Council for property
rationalisation proposals that are outside of the agreed Business
Plan.
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Part 3C - Responsibility for Functions
Joint Committees
Part 3C – JOINT COMMITTEES
Introduction
Full Council is empowered to establish Joint Committees together with other local
authorities, and to delegate functions to those Joint Committees. This part contains a list
of the Joint Committees which have been established by Full Council and sets out their
composition, purpose and delegated functions. In addition, where there are special
procedural rules these are also listed.
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Joint Committees
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Part 3C - Responsibility for Functions
Joint Committees
Joint Development Control Committee –
Cambridge Fringes
A.
TERMS OF REFERENCE FOR JOINT DEVELOPMENT CONTROL COMMITTEE
FOR CAMBRIDGE FRINGES
1.
Parties
Cambridge City Council
Cambridgeshire County Council]
South Cambridgeshire District Council
(‘the Councils’)
2.
Status
The Joint Development Control Committee (‘the Committee’) is a joint committee
formed by resolutions of the Councils pursuant to section 101(5), Local Government
Act, 1972.
3.
Membership
6 Members appointed by Cambridge City Council
4 Members appointed by Cambridgeshire County Council
6 Members appointed by South Cambridgeshire District Council
4.
Terms of Reference
4.1
The Committee’s remit is to discharge the functions (‘the functions’) set out in
Appendix 1, the exercise of which have been delegated to the Committee by the
parties, subject to the limitation in paragraph 4.2.
4.2
The Committee shall discharge the functions in respect of major developments1 and
related applications falling wholly or substantially within the areas shown edged in
blue on the plans forming Appendix 3 and ancillary developments relating to such
Major Developments referred to it by the relevant Head of Planning of the Council
issuing the consent for the Major Development in question and
a) In respect of “City Deal Infrastructure schemes” referred to it by the relevant
Head of Planning of the Council issuing the consent for the City Deal
1
A major development is defined by reference to Article 1 of the Town and Country Planning (General
Development Procedure) Order 1995 as in force on 1 March 2010 or as subsequently amended or replaced
and means development including any one or more of the following:
(a) the mining and working of minerals;
(b) waste development;
(c) the provision of dwelling-houses where
(i) the number of dwelling-houses to be provided is 10 or more; or
(ii) the development is to be carried out on a site having an area of 0.5 hectares or more and it is
not known whether the development falls within paragraph (c)(i);
(d) the provision of a building or buildings where the floor space to be created by the development is
1,000 square metres or more; or
(e) development carried out on a site having an area of 1 hectare or more.
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Joint Committees
Joint Development Control Committee –
Cambridge Fringes
Infrastructure scheme in question. A “City Deal Infrastructure scheme” is
defined as a project arising from the Greater Cambridge City Deal which has all
of the following characteristics:•
has been and remains designated by the Greater Cambridge City Deal
Executive Board as a City Deal Infrastructure scheme; and
•
is, or has been funded in whole or in part by funds received by Cambridgeshire
County Council under the auspices of the Greater Cambridge City Deal or
allocated to the Greater Cambridge City Deal Executive Board by participating
authorities.
4.3
The Committee may exercise the subsidiary powers authorised pursuant to section
111, Local Government Act 1972 in connection with the discharge of the functions.
4.4
The Committee may exercise the powers of delegation contained in section 101(2),
Local Government Act 1972.
4.5
All members shall be entitled to vote on the following applications: Trumpington
Meadows; Cambridge Northern Fringe East; Cambridge East; Northwest
Cambridge including all of the NIAB site; Glebe Farm; City Deal infrastructure
schemes. Only the City and County members shall be entitled to vote on Clay
Farm-Showground; and Bell School.
5.
Standing Orders
5.1
The Committee shall be governed by the Standing Orders set out in Appendix 2, as
amended from time to time.
6.
Administration
6.1
The Party which is the local planning authority shall receive applications in the
usual way and shall be responsible for all consequential administration.
6.2
Cambridge City Council’s staff shall be responsible for all matters connected with
the administration of the Committee, including the preparation and dispatch of
agendas and securing premises at which the Committee may meet. Decision
notices shall be signed by the Head of Planning, Cambridge City Council.
6.3
Costs shall be shared in accordance with the Cost Sharing Protocol set out in
Annex C to the Standing Orders.
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Part 3C - Responsibility for Functions
Joint Committees
Joint Development Control Committee –
Cambridge Fringes
Appendix 1
Functions of the Committee
1.
2.
The exercise of each of the Councils’ powers and duties in relation to development
control on Major Developments, ancillary developments, related applications and
requests, Reserved Matters applications and City Deal infrastructure schemes,
including but not limited to:
i.
the determination of planning applications by virtue of Regulation 3 of the
Town and Country Planning General Regulations 1992
ii.
the power to approve, authorise and direct the respective Councils to
negotiate and enter in to agreements regulating the development or use of
land pursuant to S106 of the Town and Country Planning Act 1990.
The review, change, amendment or modification of the scheme of delegation to
officers.
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Joint Committees
Joint Development Control Committee –
Cambridge Fringes
Appendix 2
STANDING ORDERS
1.
Appointment of Chairman and Vice-Chairman
1.1
The Committee shall, at its first meeting, and from time to time as it considers
necessary, elect a Chairman and Vice-Chairman.
1.2
In the absence from any meeting of the Chairman and Vice-Chairman, a Chairman
for that meeting shall be appointed by the meeting, but shall relinquish the chair if
the Chairman or Vice Chairman subsequently arrives at the meeting.
1.3
Members appointed to the Committee by South Cambridgeshire District Council
shall not chair meetings of the Committee during consideration of the applications
relating to Clay Farm Showground and Bell School sites.
2.
Appointment of Spokespersons
2.1
Each of the councils shall nominate one of the committee members which it
appoints as its spokesperson.
3.
Notice of and Summons to Meetings
3.1
The Administrator will give notice to the public of the time and place of any meeting
in accordance with the access to information rules applicable to local authorities. At
least five clear days before a meeting, the Administrator will send an agenda by
post and/or electronically to every member of the Committee. The agenda will give
the date, time and place of each meeting and specify the business to be transacted,
and will be accompanied by such details as are available.
3.2
The Administrator will take reasonable steps to ensure that a copy of the agenda
and accompanying papers are placed on deposit at the offices of each of the
councils for public inspection at least five clear days before the meeting. The
Administrator will ensure that arrangements are put in place for the inspection of
background papers in accordance with section 100D, Local Government Act, 1972
and to ensure compliance with all other provisions of Part VA, of that Act.
3.3
Dates, times and venues for meetings shall be determined by the committee. In the
absence of agreement or in cases of urgency, meetings may be called by the
Administrator following consultation with the Chairman and Vice Chairman.
4.
Membership
4.1
Committee members shall be appointed by the councils from time to time in
accordance with the terms of reference. A council may at any time replace one or
more of its nominated members by notice given to the Administrator.
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Joint Development Control Committee –
Cambridge Fringes
5.
Alternate Members
5.1
Each council will, by resolution, appoint two alternate members in respect of each
political group which represents their council on the committee, but shall not appoint
an alternate member for a political group which declines to nominate an alternate
member. Each council will notify the Administrator of alternate members appointed.
5.2
Alternate members will have all the powers and duties of any ordinary member of
the committee. For the purposes of briefing meetings and circulation of papers,
alternate members shall be treated in the same manner as ordinary members.
5.3
Alternate members may attend meetings in that capacity only to take the place of a
member of the same political group who is an ordinary member of the relevant
committee or sub-committee. The alternate member should withdraw from
participation as a member of that committee or sub-committee in the business at
that meeting during any period during which the principal member is in fact in
attendance.
6.
Quorum
6.1
The quorum of a meeting will be as follows:3 Members from South Cambridgeshire District Council
2 Members from Cambridgeshire County Council
3 Members from Cambridge City Council
[South Cambridgeshire District Councillors do not need to attend meetings in
respect of applications for which they do not have voting rights]
7.
Public Speaking Rights
7.1
Members of the public have the public speaking rights set out in Annex A.
8.
Voting
8.1
Every question shall be decided by a show of hands, subject to Rule 8.2.
8.2
If any member demands a vote by roll-call and is supported by two other members,
the question shall be determined by a vote by roll-call and the Administrator shall
record and enter in the minutes the names of each member present and whether
s/he voted for or against or abstained.
8.3
Any member may, immediately after any vote is taken, require a record to be made
in the minutes of whether s/he voted for or against or abstained.
8.4
If there are equal numbers of votes for and against, the Chairman will have a
second or casting vote.
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Joint Committees
Joint Development Control Committee –
Cambridge Fringes
9.
Minutes
9.1
The Chairman will sign the minutes of the committee at the next suitable meeting.
The Chairman will move that the minutes of the previous meeting be signed as a
correct record.
10.
Exclusion of Public
10.1
Members of the public and press may only be excluded either in accordance with
the Access to Information provisions of the Local Government Act 1972
(consideration of ‘exempt information’) or Rule 12 (Disturbance by Public).
11.
Disorderly Conduct: Misconduct of a Member
11.1
If at any meeting of the committee any member, in the opinion of the Chairman,
misconducts him/herself by persistently disregarding the ruling of the chair, or by
behaving irregularly, improperly or offensively, or by wilfully obstructing the
business of the committee, the Chairman or any other member may move "That the
member named be not further heard", and the motion if seconded shall be put and
determined without discussion.
11.2
If the member named continues his/her misconduct after a motion under the
foregoing Rule has been carried, the Chairman shall either move "that the member
named do leave the meeting" (in which case the motion shall be put and
determined without seconding or discussion); or adjourn the meeting of the Council
or committee for such period as s/he is in his/her discretion shall consider
expedient.
11.3
In the event of a general disturbance which in the opinion of the Chairman renders
the due and orderly despatch of business impossible, the Chairman, in addition to
any other power vested in him/her, may adjourn the meeting of the committee for
such period as s/he is in his/her discretion shall consider expedient.
12.
Disorderly Conduct: Disturbance by Members of the Public
12.1 If a member of the public interrupts the proceedings at any meeting the Chairman
shall warn him/her. If s/he continues the interruption the Chairman shall order
his/her removal from the meeting.
12.2
In case of a general disturbance in any part of the room open to the public the
Chairman shall order that part to be cleared.
13.
Suspension of Standing Orders
13.1
Any of these Standing Orders may, so far as is lawful, be suspended by motion
passed unanimously by those entitled to vote on the application in question. Any
motion to suspend any part of these rules shall specify the purpose of their
suspension. Any suspension shall only be to the extent and for the length of time
necessary to achieve the stated purpose.
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Joint Committees
Joint Development Control Committee –
Cambridge Fringes
14.
Attendance at the Committee by Other Members of the Councils
14.1
A member of any of the councils who is not a member of the committee or a
member of a parish council (in respect of applications relating to sites in their own
parish) may speak at a meeting of the committee at the request or with the
permission of that committee or of its Chairman made or obtained before the
meeting. Such request or permission shall specify the matters in respect of which
the member shall be permitted to speak.
[Explanatory note: There might be circumstances in which the Committee may wish
to permit a city, district or county councillor to speak on applications even if the
application does not relate to her/his ward or division. For instance an executive
councillor with relevant strategic responsibility may want to address the committee.]
15.
Development Control Forums
15.1
The Committee will operate a scheme for development control forums in
accordance with Annex B.
16.
Statements of Community Involvement
16.1
Public consultation in relation to pre application matters shall be dealt with in
accordance with the SCI or other appropriate procedures of the Council responsible
for issuing the consent.
Annex A of JDCC Standing Orders: Public Speaking Rights
Public Speaking
Members of the public, or applicants or their agents, who want to speak about an
application which is to be considered at a meeting of the committee can do so if they have:
■
In the case of members of the public, already submitted a written representation on
an application; and
■
Notified the Administrator by 12.00 noon on the day before the meeting.
A member of the public who has made a written representation on a planning application
which is to be determined by the committee, will be notified in writing about the committee
date and their public speaking rights in the week before the committee meeting.
At the Committee Meeting
A list of public speakers is available at the meeting. Agenda items for which there are
public speakers are taken first, normally in the order of the agenda.
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Part 3C - Responsibility for Functions
Joint Committees
Joint Development Control Committee –
Cambridge Fringes
Each speaker will be allowed three minutes in which to make their representation. The
Chairman will tell the speaker when the three minutes has elapsed and the speaker must
stop when requested by the Chairman. The Chairman has discretion to extend this time
limit.
If more than one person wants to make a representation about the same application, then
they should choose someone to act as a spokesperson. When several people wish to
speak on the same application but wish to raise different issues, the Chairman may agree
to those speakers making representations. In these circumstances, less time may need to
be given to each speaker.
The Chairman will ask the speaker to come to the table at the beginning of the discussion
of the report on the relevant application. The Chairman will then invite them to speak
following the Officer’s introduction to the report on the application.
The speaker should address the Chairman of the Committee, which is the normal
convention for Committees.
At the conclusion of a statement by a public speaker, members may ask the Chairman to
put questions in order to seek clarification on matters of fact but not matters of opinion, of
points made by the speaker in his or her statement. A public speaker may be asked by the
Chairman to clarify matters of fact but not matters of opinion after he or she has made a
statement. The conclusion of the period of questioning will be at the Chairman’s discretion.
Public speakers will be expected to answer questions briefly and directly, will be asked to
leave the committee table at the conclusion of the period of questioning and they will not
be permitted to participate in the committee’s discussion. At the conclusion of statements
by public speakers, the Committee will proceed to discuss and determine the planning
application.
Speakers should remember to:
■
Keep to 3 minutes or whatever other period has been agreed.
■
Keep to the planning issues raised by the application.
■
Highlight the main points they wish to raise and be as brief and concise as possible.
■
Be courteous.
■
At the end of public speaking, the Committee will discuss and determine the
planning application.
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Part 3C - Responsibility for Functions
Joint Committees
Joint Development Control Committee –
Cambridge Fringes
Annex B of JDCC Standing Orders: Development Control Forums
Development Control Forums are triggered by receipt of a qualifying petition
Receipt of Petitions and Notification of Development Control Forum
1.
Neighbour consultation letters on planning applications within the remit of the
committee shall include information about the scheme for development control
forums and the relevant consultation period.
2.
A Petition should be sent to the Administrator and should identify the matter to
which it relates and the grounds of concern.
3.
The Administrator will:
(a)
Liaise with the Planning case officer to obtain the following
information:
*
*
The expiry date of the relevant consultation period;
The addresses of the applicant and agent.
(b)
Check whether the petition meets the criteria established in the scheme –
i.e.:
*
It contains at least 25 signatures of residents and/or business owners in the
County;
*
It includes the addresses of those who have signed it;
*
It has been received within 7 working days following the end of the relevant
consultation period (in the case of petitions of objection) and no later than 6
working days before a Forum meeting (in the case of petitions of support);
*
The application is not: a householder application; an application for a
certificate of lawful use; or an application for advertisement consent.
[Note:
(i)
If any of these criteria are not met, the petitioners should be informed
in writing that their petition will be reported to the committee, and that
a Development Control Forum will not be held.
(ii)
Normally, a Forum will not be convened in the case of petitions
relating to amendments to applications, or to applications which have
already been the subject of a Forum. However, the Administrator,
following consultation with the Chairman and Vice Chairman, is
authorised to decide whether significant new issues are raised,
making a Forum appropriate.
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Joint Development Control Committee –
Cambridge Fringes
(iii)
A Forum will not be held to hear a petition of support alone, except
where an application, which has not already been subject to a Forum
meeting, is resubmitted following an earlier refusal of planning
permission.
(iv)
Petitions may be submitted by email subject to the following:
·
·
·
·
An e-mail petition must consist of individual e-mails, showing
the sender’s e-mail address.
An e-mail petition must include the sender’s postal address.
The e-mails must be addressed to the organiser (rather than a
council or the committee or its members) who must then let the
[administrator to be appointed] have print-outs of the requisite
number of supporting e-mails.
Random checks will be carried out on petitioners that have
used the e-mail procedure.]
(c)
Liaise with the Planning case officer and Chairman and spokespersons
about the date of the Development Control Forum and fix a date, time and
venue. So far as practical at least 10 days (not working days) notice should
be given to all those attending under (d). For the avoidance of doubt dates
for possible Development Control Forum meetings may be programmed in
advance of receipt of petitions.
(d)
Send written invitations to:
*
*
*
*
*
The lead petitioners;
The applicants and agents;
Committee members;
Ward councillors;
Planning officers;
The press will also be informed.
The invitations to the meeting should include:
*
A short summary of the application details (to be provided by the planning
case officer);
*
The case officer as a contact point for planning enquiries and the
Administrator for queries about the petition process;
*
An explanation of the fact that up to three representatives of the petitioners
and up to three representatives of the applicants may attend and speak;
*
Petitioners to be invited to contact the officers for a briefing on the
procedures at the Forum.
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Joint Committees
Joint Development Control Committee –
Cambridge Fringes
(e)
4.
Inform all other councillors of the three councils that the meeting is taking
place.
If two or more petitions are received relating to the same planning application, the
following procedure should be applied:
*
In the case of two or more petitions opposed to the application, or two or
more petitions in support of the application, the petitioners will be
encouraged to make a joint presentation. If agreement on this is not
possible between the petitioners, they would share the time allocations
given in paragraph 9.
Development Control Forum Meetings
5.
The Press and Public are entitled to attend meetings as observers.
6.
The Development Control Advisor or other A senior planning officer (other than one
of the case officers involved in dealing with the application) will chair the meeting.
7.
The style of the Forum will be informal, but the authority of the Chairman must be
recognised. The decision of the Chairman on any question of procedure will be
final. No votes will be taken.
8.
The main purpose of Forum meetings is to enable petitioners and applicants to give
their views and to provide the means by which consensus can be built between the
parties.
9.
The format of the Forum will be as follows for each application:
*
*
*
*
*
*
*
*
*
Presentation of the application by the applicant/agent (up to three
representatives) - up to 20 minutes;
Presentation of the views of the petitioners against the application (up to
three representatives) - up to 20 minutes;
Presentation of the views of the petitioners in support of the application
(where applicable) (up to three representatives) - up to 20 minutes;
Presentation by the case officer - up to 10 minutes;
Member questions and issues arising - up to 30 minutes;
Summing up by the applicants/agents - up to 5 minutes;
Summing up by the petitioners against the application - up to 5 minutes;
Summing up by the petitioners in support of the application - up to 5 minutes;
Final comments of the Chairman.
After the Meeting of the Forum
10.
The Administrator will take minutes of the meeting. The minutes will be a summary
of the issues raised and should not be taken to express a view or decision which is
in any way binding on the committee. The minutes will be circulated in draft to the
Chairman of the Forum, the Chairman and Vice Chairman of the committee and the
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Joint Development Control Committee –
Cambridge Fringes
case officer and finalised within 5 working days of the Forum. Copies of the
finalised minutes will be sent, for information, to:
*
*
*
*
*
The petitioners’ representatives at the meeting;
The applicants’ representatives at the meeting;
Ward councillors;
Committee members;
The Parish Councils of the areas to which the application relates.
The minutes, and the text of the petition, will also be appended to the report to the
committee which invites it to determine the application.
11.
The case officer should contact the applicants/agent after the meeting to discuss
whether a meeting would be helpful to discuss the issues raised at the Forum and
to discuss any changes that may be necessary to the application. The applicant will
be encouraged to keep in direct contact with the petitioners and to seek their views
on any amendment/s.
12.
The case officer will inform the petitioners’ representatives of any amendments to
the application. Normally, no further Development Control Forum will be held if the
planning application is amended - see paragraph 3 (b) (ii).
13.
The petitioners’ representatives will be informed of the date of the meeting at which
the application is to be considered by the committee and will be sent copies of the
committee report. The petitioners and applicants will be asked to send any further
comments they may have on the report to the planning case officer as soon as
possible, so that they can be circulated in good time to members of the committee.
Annex C of JDCC Standing Orders: Costs Sharing Protocol
The ongoing costs incurred in relation to the administration of the Committee, legal
support and planning consultancy costs shall be borne initially from the joint planning
budget administered through Cambridgeshire Horizons and therefore in equal shares by
the participating authorities.
Exceptional costs that arise in relation to, for example, appeals and legal proceedings will
be borne:
i)
From the joint planning budget;
ii)
Where there are insufficient funds within the joint planning budget, then the costs
shall be shared proportionally by the Councils which are entitled to vote on the
matters which give rise to the costs.
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Appendix 3 - Plans of Cambridge Fringe Areas
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Northstowe Joint Development Control Committee
B.
TERMS OF REFERENCE FOR NORTHSTOWE JOINT DEVELOPMENT
CONTROL COMMITTEE
1.
Parties
Cambridgeshire County Council
South Cambridgeshire District Council
(‘the Councils’)
2.
Status
This Committee is a joint committee to be formed by resolutions of the Councils
pursuant to section 101(5), Local Government Act, 1972.
3.
Membership
4 Members appointed by Cambridgeshire County Council
6 Members appointed by South Cambridgeshire District Council
4.
Terms of Reference
4.1
The Committee’s remit is to discharge the functions (‘the functions’) set out in
Appendix 1, the exercise of which have been delegated to the Committee by the
parties, subject to the limitation in paragraph 4.2. The functions delegated include
the power of the Councils to determine planning applications by virtue of Regulation
3 of the Town and Country Planning General Regulations 1992.
4.2
The Committee shall only discharge the functions in respect of major
developments1 falling wholly or substantially within the areas shown on the plan
forming Appendix 2 and ancillary applications relating to such Major Developments
referred to it by the relevant Head of Planning of the Council issuing the consent for
the Major Development in question. ‘Major development’ is defined by reference to
Article 1 of the Town and Country Planning (General Development Procedure)
Order 1995 as in force on 15th May 2007 or as subsequently amended or replaced.
4.3
The Committee may exercise the subsidiary powers authorised pursuant to section
111, Local Government Act 1972 in connection with the discharge of the functions.
1
“Major development means development including any one or more of the following:
(a) waste development;
(b) the provision of dwelling-houses where
i)
the number of dwelling houses to be provided is 10 or more; or
ii)
the development is to be carried out on a site having an area of 0.5 hectares or more
and it is not known whether the development falls within paragraph (c)(i);
(c) the provision of a building or buildings where the floor space to be created by the development is
1,000 square metres or more; or
(d) development carried out on a site having an area of 1 hectare or more;
(e) Regulation 3 developments for all new facilities
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Part 3C - Responsibility for Functions
Joint Committees
Northstowe Joint Development Control Committee
4.4
The Committee may exercise the powers of delegation contained in section 101(2),
Local Government Act 1972.
4.5
All members will be entitled to vote on all applications.
5.
Standing Orders
5.1
The Committee shall agree Standing Orders to govern the conduct of its business.
6.
Administration
6.1
The Council which is the local planning authority shall receive applications relating
to the functions in the usual way and shall be responsible for all administrative
stages leading to and flowing from the exercise of the functions.
6.2
South Cambridgeshire District Council’s staff shall be responsible for all matters
connected with the administration of the committee, including the preparation and
dispatch of agendas and securing premises at which the committee may meet.
Part 3C, Responsibility for functions, Joint Committees, Page 2 [effective from 13th May 2014]
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Part 3C - Responsibility for Functions
Joint Committees
Northstowe Joint Development Control Committee
Appendix 1 - Functions delegated to the Committee
To exercise each of the Councils’ powers and duties in relation to development control on
Major Developments and ancillary developments including for the avoidance of doubt the
power to approve authorise and direct the respective Councils to enter in to agreements
regulating the development or use of land pursuant to S106 of the Town and Country
Planning Act 1990 and related powers and to prepare for approval by each Council a scheme
of delegation to officers insofar as this has not been agreed prior to commencement of the
Committee and thereafter to keep such scheme of delegation under review.
Part 3C, Responsibility for functions, Joint Committees, Page 3 [effective from 13th May 2014]
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Part 3C - Responsibility for Functions
Joint Committees
Northstowe Joint Development Control Committee
Appendix 2 - Plan of Northstowe Area
Part 3C, Responsibility for functions, Joint Committees, Page 4 [effective from 13th May 2014]
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Part 3C - Responsibility for Functions
Joint Committees
Local Government Shared Services Joint Committee
C.
TERMS OF REFERENCE FOR THE LOCAL GOVERNMENT SHARED
SERVICES (LGSS) JOINT COMMITTEE
The LGSS Joint Committee is established pursuant to an agreement between
Cambridgeshire County Council, Northamptonshire County Council, and Milton Keynes
Council. The Joint Committee's remit is to have overall responsibility for the provision, to
the Councils, of shared services through the LGSS arrangements.
The constitution of the Joint Committee is set out below, and the specific delegations to
the Joint Committee and to the senior officers of the LGSS management team are set out
in a scheme of delegation contained in Annex 'A'.
Constitution of the Joint Committee
1
Each of the Councils shall appoint three Members (being elected members of that
Council) as its nominated Members of the Joint Committee. The Members
appointed shall have full voting rights.
2
Each Council may nominate one or more substitute Members to attend any meeting
in place of an appointed Member from that Council, subject to notification being
given to the Secretary to the Joint Committee before the start of the meeting. The
Member appointed as a substitute shall have full voting rights where the member for
whom they are substituting does not attend. If a Council’s nominated Members
attend a meeting of the Joint Committee, any named substitute may also attend as
an observer but shall not be entitled to vote.
3
Each Member of the Joint Committee shall comply with the Code of Conduct of their
Council when acting as a Member of the Joint Committee.
4
Each of the Councils may remove any of its nominated Members or substitute
Members of the Joint Committee and appoint a different Member or substitute to the
Joint Committee by giving written notice to the Secretary to the Joint Committee.
5
Each Council shall have three votes. These shall be exercised by the nominated
Members who are elected members of the Council. In the absence of a Council’s
nominated Member, a vote may be exercised by the named substitute who is an
elected member of the Council.
6
Each Member of the Joint Committee shall serve upon the Joint Committee for as
long as he or she is appointed to the Joint Committee by the relevant Council but a
Member shall cease to be a member of the Joint Committee if he or she ceases to
be a Member of the Council appointing him or her or if the relevant Council removes
him or her as a Member of the Joint Committee.
7
Any casual vacancies howsoever arising shall be filled by the Council from which
the vacancy arises by notice in writing sent to the Secretary to the Joint Committee.
8
Meetings of the Joint Committee shall be held at the venue or venues as agreed by
the Councils.
Part 3C, Responsibility for functions, Joint Committees, LGSS, effective from 22nd March 2016]
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Joint Committees
Local Government Shared Services Joint Committee
9
The appointment of a Chairman and a Vice Chairman shall be rotated between the
Councils annually from 1st August each year as set out in the table below. The
rotation process shall be repeated for subsequent years. The Members appointed
as Chairman and Vice Chairman shall remain in their respective appointed roles
until the first meeting taking place after the elapse of one year from their
appointment unless either such Member ceases to be a Member of the Joint
Committee.
Joint Committee Chair
Joint Committee Vice Chair
2015-16
CCC
NCC
2016-17
NCC
MKC
2017-18
MKC
CCC
2018-19
CCC
NCC
10.
The Joint Committee shall meet at least once every three months (quarterly)
unless otherwise determined by the Joint Committee.
11.
The Secretary to the Joint Committee may call additional meetings by providing at
least five clear days’ notice to Members of the Joint Committee, for the purposes of
resolving urgent matters arising between the meetings of the Joint Committee. The
Secretary to the Joint Committee must call a meeting of the Joint Committee if at
least one Member of the Joint Committee from each Council requests it or the
Head of Paid Service of each Council requests it.
12.
Meetings shall be notified to Members of the Joint Committee by the Secretary to
the Joint Committee.
13.
The Secretary to the Joint Committee shall send electronically to all members and
relevant officers of each Council the agenda for each meeting of the Joint
Committee no later than five clear Business Days before the date of the relevant
meeting. The Secretary to the Joint Committee shall send to all Members of the
Joint Committee, to the Political Group Leaders of each Council and relevant
officers of each Council, printed (or electronic if individually preferred) copies of the
agenda for each meeting of the Joint Committee no later than five clear working
days before the date of the relevant meeting.
14.
The Secretary to the Joint Committee shall arrange for written minutes to be taken
of each meeting of the Joint Committee and shall present them to the Joint
Committee at its next meeting for approval as a correct record. If the Joint
Committee confirms that the minutes contain an accurate record of the previous
meeting, those minutes shall be signed by the Chairman or Vice-Chairman.
15.
Meetings of the Joint Committee will commence at a time to be agreed by the Joint
Committee.
16.
A meeting of the Joint Committee shall require a quorum of one Member of each
Council who are entitled to attend and vote. If there is a quorum of members
present but neither the Chairman nor the Vice Chairman is present, the Members
present shall designate one Member to preside as Chairman for that meeting.
Part 3C, Responsibility for functions, Joint Committees, LGSS [effective from 22nd March 2016]
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Part 3C - Responsibility for Functions
Joint Committees
Local Government Shared Services Joint Committee
17.
Subject to the provisions of any enactment, all questions coming or arising before
the Joint Committee shall be decided by a majority of the Council Members of the
Joint Committee immediately present and voting thereon. Subject to the provisions
of any enactment, in the case of an equality of votes the Chairman shall have a
second or casting vote but before exercising this, the Chairman shall consider
whether it is appropriate to defer the matter to the next meeting of the Joint
Committee.
18.
Any Member of the Joint Committee may request the Joint Committee to record
the votes of individual Members of the Joint Committee on a matter for decision.
19.
A Member when speaking shall address the Chairman. If two or more Members
wish to speak, the Chairman shall call on one to speak. While a Member is
speaking other Members shall remain silent.
20.
A Member shall direct his/her speech to the question under discussion or to a
personal explanation or to a point of order.
21.
Only one amendment to a proposal may be moved and discussed at a time and no
further amendment shall be moved until the amendment under discussion has
been disposed of, providing that the Chairman may permit two or more
amendments to be discussed (but not voted on) together if circumstances suggest
that this course would facilitate the proper conduct of the Joint Committee’s
business.
22.
If an amendment be lost, other amendments may be moved on the original motion.
If an amendment be carried, the motion as amended shall take the place of the
original motion and shall become the motion upon which any further amendment
may be moved.
23.
The order of business shall be indicated in the agenda for the meeting.
24.
When a motion is under debate by the Joint Committee no other motion shall be
moved except the following:
24.1
24.2
24.3
24.4
24.5
24.6
24.7
24.8
24.9
to amend the motion;
to adjourn the meeting;
to adjourn the debate;
to proceed to the next business;
that the question be now put;
that a Member be not further heard;
by the Chairman that a Member do leave the meeting;
a motion under Section 100(A)(4) of the Local Government Act 1972 to
exclude the public;
to postpone consideration of the item.
Part 3C, Responsibility for functions, Joint Committees, LGSS, effective from 22nd March 2016]
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Part 3C - Responsibility for Functions
Joint Committees
Local Government Shared Services Joint Committee
25.
A Member may move without comment at the conclusion of a speech of another
Member, “That the Committee proceed to the next business”, “That the question be
now put”, “That the debate be now adjourned”, or “That the Committee do now
adjourn”, on the seconding of which the Chairman shall proceed as follows:
25.1
on a motion to proceed to next business; unless in his opinion the matter
before the meeting has been insufficiently discussed put to the vote the
motion to proceed to the next business
25.2
on a motion that the question be now put; unless in his opinion the matter
before the meeting has been insufficiently discussed he shall first put to the
vote the motion that the question be now put
25.3
on a motion to adjourn the debate or the meeting; if in his opinion the
matter before the meeting has not been sufficiently discussed and cannot
reasonably be sufficiently discussed on that occasion put the adjournment
motion to the vote.
25.4
The ruling of the Chairman shall not be open for discussion.
26.
Any member of the Councils who is not a Member of the Joint Committee is
entitled to attend the Joint Committee but he/she shall not be entitled to vote, shall
not take part in the consideration or discussion of any business, save by leave of
the Chairman and comments will be recorded only on the direction of the
Chairman. A Councillor who attends a meeting in this capacity will be entitled to
remain in the meeting when a resolution excluding the public is in force.
27.
Meetings of the Joint Committee will be open to the public except to the extent that
they are excluded under paragraph 29.
28.
Members of the public wishing to address the Joint Committee (or a subcommittee
of the Joint Committee) on Part I reports contained within the agenda for the
meeting shall be given the opportunity to do so subject to:
28.1
the opportunity being extended to one person to speak in support of each
agenda item and one person to speak against each agenda item when
called to do so by the Chairman;
28.2
an indication of the desire to speak on the agenda item being made by the
person just prior to the meeting and the name supplied to the Committee
Secretary in attendance (by means of the register), the first person
registering to have precedence in the event of more than one person
wishing to speak either for or against the agenda item;
28.3
each person addressing the Joint Committee or subcommittee of the Joint
Committee being limited to three minutes’ speech;
28.4
an opportunity being provided for an expression of a contrary view, even
though no prior notice has been given, when a member of the public has
spoken for or against the item;
Part 3C, Responsibility for functions, Joint Committees, LGSS [effective from 22nd March 2016]
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Part 3C - Responsibility for Functions
Joint Committees
Local Government Shared Services Joint Committee
28.5
in the event of the person having registered to speak on an agenda item
not wishing to take up their right to speak on the agenda item because it
was deferred, that person will automatically be given the right to speak on
the agenda item at the next meeting of the Joint Committee or subcommittee of the Joint Committee; the Chairman of the meeting having
discretion to rule that a person wishing to address the meeting shall not be
heard if, in his/her opinion, that issue or the organisation or the person
wishing to make representation on that issue has received an adequate
hearing.
29.
The public may be excluded from a meeting of the Joint Committee during an item
of business whenever it is likely, in view of the nature of the business to be
transacted or the nature of the proceedings, that, if members of the public were
present during that item, confidential information as defined in section 100A(3) of
the Local Government Act 1972 or exempt information as defined in section 100I of
the Local Government Act 1972 would be disclosed to them.
30.
The Joint Committee may delegate a function to a Sub-Committee or an officer.
31.
Any contractual arrangements that relate to a Shared Service will be undertaken
by one of the Councils on behalf of the other Councils and that Council will apply
its own financial regulations and contract procedure rules until such time as the
Joint Committee adopts its own financial regulations and contract procedure rules.
The LGSS Director of the relevant Shared Service that is incurring the expenditure
will normally determine which of the Councils’ financial regulations and contract
procedure rules will apply and in the event of any dispute or uncertainty the matter
should be referred to the LGSS Managing Director for decision.
32.
The Secretary to the Joint Committee shall provide governance and secretarial
support services to the Joint Committee on such terms as may be agreed from
time to time between the Councils. The Councils shall make available committee
officers to provide administrative services at the meetings of the Joint Committee.
33.
The Lawyer to the Joint Committee shall provide legal advice and support services
to the Joint Committee on such terms as may be agreed from time to time between
the Councils.
34.
The Finance Officer to the Joint Committee shall provide financial support services
to the Joint Committee on such terms as may be agreed from time to time between
the Councils.
Part 3C, Responsibility for functions, Joint Committees, LGSS, effective from 22nd March 2016]
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Joint Committees
Local Government Shared Services Joint Committee
Part 3C, Responsibility for functions, Joint Committees, LGSS [effective from 22nd March 2016]
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Part 3C - Responsibility for Functions
Joint Committees
Cambridgeshire Police and Crime Panel
D.
CAMBRIDGESHIRE AND PETERBOROUGH POLICE AND CRIME PANEL
The Police Reform and Social Responsibility Act 2011 introduced significant changes in
police governance and accountability, in particular replacing the Police Authorities with
directly elected Police and Crime Commissioners (Commissioners).
The Act also requires the local authorities in each police force area to establish a police
and crime panel (panel), as a joint committee, primarily to scrutinise the commissioner.
The Act also prescribes many of the arrangements with regard to the panel and the way in
which it conducts its business.
Peterborough City Council is the host authority for the Cambridgeshire and Peterborough
Police and Crime Panel. The Panel’s membership and procedures, as well as its terms of
reference, can be viewed on the Peterborough City Council website.
TERMS OF REFERENCE
1) To review and make a report or recommendation on the draft police and crime plan, or
draft variation, given to the panel by the Police and Crime Commissioner.
2) To review, put questions to the Police and Crime Commissioner at a public meeting,
and make a report or recommendation (as necessary) on the annual report.
3) To hold a confirmation hearing and review, make a report, and recommendation (as
necessary) in respect of proposed senior appointments made by the Police and Crime
Commissioner.
4) To review and make a report on the proposed appointment of the Chief Constable.
5) To review and make a report and recommendation (as necessary) on the proposed
precept.
6) To review or scrutinise decisions made, or other action taken, by the Police and Crime
Commissioner in connection with the discharge of the commissioner’s functions.
7) To make reports or recommendations to the Police and Crime Commissioner with
respect to the discharge of the commissioner’s functions.
8) To support the effective exercise of the functions of the Police and Crime
Commissioner.
9) To fulfil functions in relation to complaints about conduct matters, in accordance with
the responsibilities accorded to the panel by the Police Reform and Social
Responsibility Act 2011.
10) To appoint an Acting Police and Crime Commissioner if necessary.
11) To suspend the Police and Crime Commissioner if it appears to the panel that the
Commissioner has been charged in the United Kingdom or Isle of Man with an offence
which carries a maximum term of imprisonment exceeding two years.
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Part 3C - Responsibility for Functions
Joint Committees
Cambridgeshire Police and Crime Panel
Part 3C, Responsibility for functions, Joint Committees, Police and Crime Panel, Page 2 [effective from 13th May 2014]
3C-D, page 2
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Part 3C - Responsibility for Functions
Joint Committees
Cambridge City Joint Area Committee
E.
CAMBRIDGE CITY JOINT AREA COMMITTEE
•
A new Joint Area Committee will be formed to consider and determine significant
transport issues within Cambridge City, and to advise on, but not determine,
schemes of strategic importance within the Cambridge City Area.
•
Decisions taken by the Joint Area Committee will be in accordance with the policies
of Cambridgeshire County Council and Cambridge City Council and available
budgets. A decision taken by the Joint Area Committee under delegated powers
may be subject to reconsideration by a constituent authority where it conflicts with
agreed policies or budgets of that authority.
•
The powers of the Joint Area Committee comprise:
1.
2.
3.
4.
5.
6.
Determining priorities for the Local Highway Improvement Initiative, having
regard to the budget available.
Having regard to available resource, consider and advise the Highways and
Community Infrastructure Committee in relation to:
• the need for traffic management
• the need for parking regulation
• the need for cycle and pedestrian schemes of more than local
significance
• the results of consultations
Advise the County Council and City Council on on-street and off-street
parking charges.
Advise on priorities for Section 106 funding for traffic management and other
transport schemes
Determining objections relating to Traffic Regulation Orders of significance,
when referred by the relevant member or officer under the County Council’s
scheme of delegation, with the exception of Traffic Regulation Orders sought
as part of a City Deal Infrastructure scheme as defined in the Terms of
Reference for Joint Development Control Committee for Cambridge Fringes.
Resolving detailed design issues for traffic management proposals
•
The Joint Area Committee will be made up of 12 members, comprising equal
numbers from each constituent authority. Members to be appointed will be in a
manner as deemed appropriate by the relevant authority in compliance with the law.
•
The quorum of a meeting will be as follows:
1.
2.
[3] members from Cambridgeshire County Council
[3] members from Cambridge City Council
•
The Committee to meet, in public, at least once a year and no more frequently than
once every two months, and only if there is relevant business to discuss.
•
The Chairman/woman of the Committee to alternate between the two authorities on
an annual basis, and to be elected by the members of the Committee.
Part 3C, Responsibility for functions, Joint Committees, Cambridge City JAC [effective from 22nd March 2016]
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Part 3C - Responsibility for Functions
Joint Committees
Cambridge City Joint Area Committee
•
A Vice-Chairman/woman to be elected by the Committee from the Council that
does not hold the chair.
•
Every decision on an item on the agenda shall be taken by a vote. If there are equal
numbers of votes for and against, the Chairman/woman will have a second or
casting vote.
•
Administrative arrangements for the Committee are to be shared between the two
authorities.
•
The Committee will be open to the public to attend.
•
Members of the public will be permitted to speak at meetings in accordance with the
County Council’s procedures for speaking at Council meetings.
•
All papers will be made available to the public and published on the Councils’
websites and conform with both authorities’ Access to Information Rules.
Part 3C, Responsibility for functions, Joint Committees, Cambridge City JAC [effective from 22nd March 2016]
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
F.
GREATER CAMBRIDGE CITY DEAL INTEGRATED GOVERNANCE
FRAMEWORK
The Greater Cambridge City Deal has five local partners, Cambridgeshire County
Council, Cambridge City Council, South Cambridgeshire District Council, the
Greater Cambridge Greater Peterborough Enterprise Partnership and the University
of Cambridge. Its governance framework consists of an Executive Board with five
members, supported by an Assembly with 15 members.
a)
Greater Cambridge City Deal Executive Board
Summary of Functions
The Greater Cambridge City Deal Executive Board has delegated authority to
exercise the following functions:
•
Authority to set and review the objectives to be achieved by the strategic
investments made pursuant to the Greater Cambridge City Deal agreement
dated 19 June 2014.
•
Authority to:
- Approve single position statements in relation to strategic City Deal issues.
- Approve projects, including the allocation of project funding, which fall within
the ambit of the City Deal agreement.
- Approve the major priorities under the auspices of the City Deal.
- Approve plans and strategies necessary or incidental to the implementation
of the City Deal agreement.
- Consider recommendations from the Greater Cambridge City Deal Joint
Assembly.
Terms of Reference and Standing Orders
The Executive Board’s Terms of Reference and Standing Orders are set out in
Appendix 1.
b)
Greater Cambridge City Deal Joint Assembly
Summary of Functions
The Greater Cambridge City Deal Joint Assembly has delegated authority to
exercise the following functions:
•
Authority to advise the Greater Cambridge Executive Board in connection to the
achievement of the objectives of the City Deal agreement.
•
Authority to prepare and submit reports and/or recommendations to the Greater
Cambridge Executive Board.
Terms of Reference and Standing Orders
The Joint Assembly’s Terms of Reference and Standing Orders are set out in
Appendix 2.
Part 3C, Responsibility for functions, Joint Committees, Greater Cambridge City Deal [effective from 16th December 2014]
3C-F, page 1
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
Appendix 1
GREATER CAMBRIDGE CITY DEAL EXECUTIVE BOARD
TERMS OF REFERENCE
1.
Parties
Cambridge City Council
Cambridgeshire County Council
South Cambridgeshire District Council
The Greater Cambridge Greater Peterborough Enterprise Partnership
The University of Cambridge
2.
Status
The Greater Cambridge Executive Board has been established by Cambridge City
Council, Cambridgeshire County Council and South Cambridgeshire District
Council. It is a joint committee of the three Councils, established by
Cambridgeshire County Council under section 102(1)(b) of the Local Government
Act 1972 and by Cambridge City Council and South Cambridgeshire District
Council under section 9EB of the Local Government Act 2000.
3.
Membership
3 elected members with full voting rights (one from each of the three member
Councils)
2 non-voting members (one from the Local Enterprise Partnership and one from the
University of Cambridge).
4.
Functions of the Executive Board
4.1
The Executive Board is established to ensure that the objectives of the Greater
Cambridge City Deal Agreement dated 19 June 2014 are met. To this end, the
Board will have oversight of the strategic direction and delivery of the City Deal and
its objectives.
4.2
The Executive Board will also be responsible for the commissioning of projects
funded by money provided through the City Deal, and for overall control of that
programme of investments. The scheme promoter for each individual project will
be responsible for the delivery of that budget, under the oversight of the Executive
Board. This shall also apply to circumstances in which funding is provided to the
Board by the member Councils or by other parties, such as the Local Enterprise
Partnership.
4.3
The three Councils agree to delegate exercise of their functions to the Executive
Board to the extent necessary for the Board to exercise its powers. The three
Councils may also, from time to time, agree to delegate further functions to the
Board. The Executive Board may further delegate to officers of the three Councils.
Part 3C, Responsibility for functions, Joint Committees, Greater Cambridge City Deal [effective from 16th December 2014]
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
4.4
The Executive Board will consider any reports and recommendations from the Joint
Assembly as appropriate.
5.
Professional and administrative support
5.1
Cambridgeshire County Council shall act as the accountable body for the Executive
Board in respect of financial matters and its financial procedure rules will apply in
this context.
5.2
Committee management and administrative support to the Executive Board will be
provided by South Cambridgeshire District Council.
5.3
The lead role on projects shall be determined by the Board, subject to the principle
that the lead authority should be the Council primarily responsible for the service in
question for their area. The procurement and other rules of the lead authority will
apply in respect of projects.
6.
Standing Orders
The Executive Board will be governed by the Standing Orders set out in Annex A
attached to these Terms of Reference.
7.
Costs
7.1
The three Councils will each bear its own costs in relation to the operation of the
Executive Board, with the exception of approved project delivery costs met from
budgets managed by the Board.
7.2
Each Council makes a legally binding commitment that, should it withdraw from or
modify its role within the Executive Board, it agrees to pay all additional costs that
fail to be met by the other partner Councils that are reasonably attributable to that
decision. This could include, for example, the costs that are locked in to projects
that have already been committed to, or the costs of dissolving integrated officer
and Member arrangements and re-establishing independent arrangements.
7.3
The firm intention is that the Executive Board will continue until it is either replaced
by a Combined Authority, subject to the carrying out of a governance review
following necessary legislative changes, or until the programme is completed.
Recognising the very serious implications of withdrawal from the Board for the
delivery of the City Deal programme, if a Council decides to withdraw from or
modify its role within the Board, it commits to sharing this with the Committee at the
earliest possible opportunity, and to entering into constructive discussions to avoid
this happening or to reach a way forward.
Part 3C, Responsibility for functions, Joint Committees, Greater Cambridge City Deal [effective from 16th December 2014]
3C-F, page 3
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
Appendix 1 – Annex A
GREATER CAMBRIDGE CITY DEAL EXECUTIVE BOARD
STANDING ORDERS
1.
Membership
1.1
The Executive Board will have a voting membership of three, each Council being
entitled to appoint one voting member.
1.2
The Executive Board will also have two non-voting members, to be co-opted by the
Committee on a nomination by each of the Greater Cambridge Greater
Peterborough Enterprise Partnership and the University of Cambridge.
2.
Alternate or substitute members
2.1
Each Council will be entitled to appoint one named alternate or substitute member
who may act in all aspects as a voting member of the Executive Board in the
absence of the voting member appointed.
2.2
Alternative or substitute members will be invited to attend all meetings of the
Executive Board.
2.3
The Greater Cambridge Greater Peterborough Enterprise Partnership and the
University of Cambridge will each be entitled to nominate an alternate or substitute
non-voting member to act in the absence of their principal co-opted member.
3.
Term of office
3.1
The term of office of voting and alternate or substitute voting members shall end:
-
if rescinded by the appointing Council; or
-
if the member ceases to be a member of the appointing Council.
3.2
The Greater Cambridge Greater Peterborough Enterprise Partnership and
University of Cambridge may at any time ask the Executive Board to replace their
nominated co-opted member and alternate or substitute member by way of further
nomination.
4.
Appointment of Chairman and Vice-Chairman
4.1
The Executive Board will appoint a Chairman and Vice-Chairman at its first meeting
and thereafter annually at the first meeting following the Annual Meetings of the
three Councils. The Chairman and, in his or her absence, the Vice-Chairman will
have a casting vote.
Part 3C, Responsibility for functions, Joint Committees, Greater Cambridge City Deal [effective from 16th December 2014]
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Greater Cambridge City Deal
4.2
The Chairman and Vice-Chairman will be one of the three voting members of the
Executive Board.
4.3
Where a vote is taken for more than one candidate and the result is a tie, a second
vote will be taken. In the event of a continuing tie the matter will be decided by the
toss of a coin.
5.
Quorum
5.1
The quorum for meetings of the Executive Board will be three voting members.
5.2
If there is no quorum at the published start time for the meeting, a period of ten
minutes will be allowed, or longer, at the Chairman’s discretion. If there remains no
quorum at the expiry of this period, the meeting will be declared null and void.
5.3
If there is no quorum at any stage during a meeting, the Chairman will adjourn the
meeting for a period of ten minutes, or longer, at their discretion. If there remains
no quorum at the expiry of this period, the meeting will be closed and the remaining
items will be declared null and void.
6.
Member conduct
6.1
Executive Board members appointed by the three Councils shall be bound by the
Code of Conduct of their nominating authority. Board members nominated by the
Greater Cambridge Greater Peterborough Enterprise Partnership and the University
of Cambridge will be bound by the Code of Conduct of South Cambridgeshire
District Council.
6.2
If a member persistently disregards the ruling of the Chairman, or person presiding
the meeting, by behaving improperly or offensively or deliberately obstructs
business, the Chairman, or person presiding the meeting, may move that the
member be not heard further. If seconded, a vote will be taken without discussion.
6.3
If the member continues to behave improperly after such a motion is carried, the
Chairman, or person presiding the meeting, may move that either the member
leaves the meeting or that the meeting is adjourned for a specified period. If
seconded, a vote will be taken without discussion.
7.
Notice of and summons to meetings
7.1
Notice will be given to the public of the time and place of any meeting of the
Executive Board in accordance with the Access to Information rules of South
Cambridgeshire District Council.
7.2
At least five clear working days before a meeting, a copy of the agenda and
associated papers will be sent to every member of the Executive Board. The
agenda will give the date, time and place of each meeting and specify the business
to be transacted, and will be accompanied by such details as are available.
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Joint Committees
Greater Cambridge City Deal
8.
Meeting frequency
The Executive Board will meet on at least a quarterly basis, with one of those
meetings acting as the annual meeting.
9.
Voting
9.1
Executive Board members commit to seek, where possible, to operate on the basis
of consensus.
9.2
Should it not be possible in a specific instance to find a consensus, the issue will be
deferred to a later meeting of the Executive Board. Executive Board members can
choose to simply re-submit the item to a following meeting, or to refer the item to
the Joint Assembly for consideration and recommendation. Following this, a vote
will be again taken and, if a consensus is still not achievable, the decision will be
made on the basis of a simple majority.
9.3
The voting members of the Executive Board will act with due regard to the opinions
of the non-voting members of the Board.
10.
Reports and recommendations from the Joint Assembly
The Executive Board will receive reports and recommendations from the Joint
Assembly as appropriate and the Chairman of the Assembly, or a nominated
representative on his or her behalf, will be entitled to attend meetings of the Board
to present them.
11.
Questions by the public and public speaking
At the discretion of the Chairman, members of the public may ask questions at
meetings of the Executive Board. This standard protocol is to be observed by
public speakers:
(a)
notice of the question should be given to the Democratic Services team at
South Cambridgeshire District Council (as administering authority) by 10am
the day before the meeting;
(b)
questioners will not be permitted to raise the competence or performance of
a member, officer or representative of any partner on the Executive Board,
nor any matter involving exempt information (normally considered as
‘confidential’);
(c)
questioners cannot make any abusive or defamatory comments;
(d)
if any clarification of what the questioner has said is required, the Chairman
will have the discretion to allow other Board members to ask questions;
(e)
the questioner will not be permitted to participate in any subsequent
discussion and will not be entitled to vote;
(f)
the Chairman will decide when and what time will be set aside for questions
depending on the amount of business on the agenda for the meeting.
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Joint Committees
Greater Cambridge City Deal
Normally questions will be received as the first substantive item of the
meeting;
12.
(g)
individual questioners will be permitted to speak for a maximum of three
minutes;
(h)
in the event of questions considered by the Chairman as duplicating one
another, it may be necessary for a spokesperson to be nominated to put
forward the question on behalf of other questioners. If a spokesperson
cannot be nominated or agreed, the questioner of the first such question
received will be entitled to put forward their question.
Petitions
Petitions received in relation to the Greater Cambridge City Deal will be referred to
the Joint Assembly for consideration. Any matters arising from petitions considered
by the Assembly can be reported to the Board, as per Standing Order 10.
13.
Participation at Executive Board meetings by other members of partner
Councils or other representatives of partner bodies
At the discretion of the Chairman, other elected members of the three partner
Councils or other representatives from the Greater Cambridge and Greater
Peterborough Enterprise Partnership or the University of Cambridge may be
entitled to speak and participate at meetings of the Board.
14.
Minutes
14.1
The Chairman will sign the minutes of the proceedings at the next suitable meeting.
The Chairman will move that the minutes of the previous meeting be signed as a
correct record.
14.2
The minutes will be accompanied by a list of agreed action points, which may be
discussed in considering the minutes of the previous meeting should they not be
specifically listed as items on the agenda for the meeting.
15.
Exclusion of the public and press
Members of the public and press may be excluded from meetings in accordance
with the Access to Information rules of South Cambridgeshire District Council with
regard to the consideration of exempt or confidential information.
16.
Recording of proceedings
The recording in any format of meetings of the Executive Board is permitted,
except:
-
where the Chairman, or person presiding the meeting, rules that filming is being
undertaken in such a way that is disruptive or distracting to the good order and
conduct of the meeting;
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
-
where the public have been excluded from the meeting in accordance with the
Access to Information rules of South Cambridgeshire District Council during the
consideration of exempt or confidential information.
17.
Disturbance by public
17.1
If a member of the public interrupts proceedings, the Chairman, or person presiding
the meeting, will warn the person concerned. If they continue to interrupt, the
Chairman will order their removal from the meeting room.
17.2
If there is a general disturbance in any part of the meeting room open to the public,
the Chairman, or person presiding the meeting, may call for that part to be cleared.
17.3
If there is a general disturbance making orderly business impossible, the Chairman,
or person presiding the meeting, may adjourn the meeting for as long as he or she
thinks is necessary.
18.
Interpretation of Standing Orders
The ruling of the Chairman of the Executive Board as to the application of these
Standing Orders shall be final.
19.
Suspension of Standing Orders
Any of these Standing Orders may, as far as is lawful, be suspended by motion
passed unanimously by those entitled to vote.
Part 3C, Responsibility for functions, Joint Committees, Greater Cambridge City Deal [effective from 16th December 2014]
3C-F, page 8
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
Appendix 2
GREATER CAMBRIDGE CITY DEAL JOINT ASSEMBLY
TERMS OF REFERENCE
1.
Parties
Cambridge City Council
Cambridgeshire County Council
South Cambridgeshire District Council
The Greater Cambridge Greater Peterborough Enterprise Partnership
The University of Cambridge
2.
Status
The Greater Cambridge City Deal Joint Assembly has been established by
Cambridge City Council, Cambridgeshire County Council and South
Cambridgeshire District Council. It is a joint advisory committee of the three
Councils, established under section 102(4), Local Government Act, 1972.
3.
Membership
3 elected members appointed by each of the three member Councils
3 members nominated by the Greater Cambridge Greater Peterborough Enterprise
Partnership
3 members nominated by the University of Cambridge
4.
Functions of the Joint Assembly
4.1
The Joint Assembly is established to advise the Greater Cambridge City Deal
Executive Board with regard to the latter’s role in achieving the objectives of the
Greater Cambridge City Deal Agreement dated 19 June 2014.
4.2
The Assembly will act as a forum for discussion with a wider range of members and
stakeholders across the Greater Cambridge area, so that the Executive Board
benefits from a wider range of expertise in making its decisions.
4.3
To this end, the Assembly may receive and comment on (“pre-scrutinise”) reports to
the Executive Board, may offer advice to the Board on the discharge of its functions
and may review its work.
4.4
The Assembly may develop its own work programme and submit reports or
recommendations to the Executive Board for consideration, as appropriate.
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Greater Cambridge City Deal
5.
Professional and administrative support
5.1
Committee management and administrative support to the Joint Assembly will be
provided by South Cambridgeshire District Council.
5.2
Other professional support will be provided to the Assembly on an ad hoc basis as
agreed between the three Councils.
6.
Standing Orders
The Joint Assembly will be governed by the Standing Orders set out in Annex A
attached to these Terms of Reference.
7.
Costs
The three Councils, the Greater Cambridge Greater Peterborough Enterprise
Partnership and the University of Cambridge will each bear its own costs in relation
to the operation of the Joint Assembly.
Part 3C, Responsibility for functions, Joint Committees, Greater Cambridge City Deal [effective from 16th December 2014]
3C-F, page 10
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
Appendix 2 – Annex A
GREATER CAMBRIDGE CITY DEAL JOINT ASSEMBLY
STANDING ORDERS
1.
Membership
1.1
The Joint Assembly will have a membership of 15, with each Council being entitled
to appoint three members and the Greater Cambridge Greater Peterborough
Enterprise Partnership and the University of Cambridge both being entitled to
nominate three members.
1.2
The appointments of the three Councils will represent the political composition of
the Greater Cambridge area. Appointments by Cambridge City Council and South
Cambridgeshire District Council will therefore be proportional to the political
composition of the respective authority, whereas appointments by Cambridgeshire
County Council will be proportional to those electoral divisions that fall within the
Greater Cambridge area [and the Councillors would be drawn therefrom].
1.3
Members nominated by the Greater Cambridge Greater Peterborough Enterprise
Partnership and the University of Cambridge will become co-opted members on
endorsement by the Executive Board.
2.
Alternate or substitute members
No alternate or substitute members will be permitted on the Joint Assembly.
3.
Term of office
3.1
The term of office of members and alternate or substitute members from the three
Councils shall end:
-
if rescinded by the appointing Council; or
-
if the member ceases to be a member of the appointing Council.
3.2
The Greater Cambridge Greater Peterborough Enterprise Partnership and
University of Cambridge may at any time ask the Joint Assembly to replace their
nominated co-opted member and alternate or substitute member by way of further
nomination.
4.
Appointment of Chairman and Vice-Chairman
4.1
The Joint Assembly will appoint a Chairman and Vice-Chairman at its first meeting
and thereafter annually at the first meeting following the Annual Meetings of the
three Councils. The Chairman and, in his or her absence, the Vice-Chairman will
have a casting vote.
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4.2
Where there are three or more candidates for appointment and there is, after
balloting, no candidate with a clear majority, meaning in this case the votes of more
than 50% of members present and voting, the candidate with the least number of
votes will withdraw and there will be a fresh ballot of remaining candidates; and so
on until a candidate has that majority. In the event of a continuing tie the matter will
be decided by the toss of a coin.
5.
Quorum
5.1
The quorum for meetings of the Joint Assembly will be five members.
5.2
If there is no quorum at the published start time for the meeting, a period of ten
minutes will be allowed, or longer, at the Chairman’s, discretion. If there remains
no quorum at the expiry of this period, the meeting will be declared null and void.
5.3
If there is no quorum at any stage during a meeting, the Chairman will adjourn the
meeting for a period of ten minutes, or longer, at their discretion. If there remains
no quorum at the expiry of this period, the meeting will be closed and the remaining
items will be declared null and void.
6.
Member conduct
6.1
Joint Assembly members appointed by the three Councils shall be bound by the
Code of Conduct of their nominating authority. Assembly members nominated by
the Greater Cambridge Greater Peterborough Enterprise Partnership and the
University of Cambridge will be bound by the Code of Conduct of South
Cambridgeshire District Council.
6.2
If a member persistently disregards the ruling of the Chairman, or person presiding
the meeting, by behaving improperly or offensively or deliberately obstructs
business, the Chairman, or person presiding the meeting, may move that the
member be not heard further. If seconded, a vote will be taken without discussion.
6.3
If the member continues to behave improperly after such a motion is carried, the
Chairman, or person presiding the meeting, may move that either the member
leaves the meeting or that the meeting is adjourned for a specified period. If
seconded, a vote will be taken without discussion.
7.
Notice of and summons to meetings
7.1
Notice will be given to the public of the time and place of any meeting of the Joint
Assembly in accordance with the Access to Information rules of South
Cambridgeshire District Council.
7.2
At least five clear working days before a meeting, a copy of the agenda and
associated papers will be sent to every member of the Joint Assembly. The agenda
will give the date, time and place of each meeting and specify the business to be
transacted, and will be accompanied by such details as are available.
Part 3C, Responsibility for functions, Joint Committees, Greater Cambridge City Deal [effective from 16th December 2014]
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
8.
Meeting frequency
The Joint Assembly may set its own timetable for meetings but will initially meet
quarterly, normally on a date preceding meetings of the Executive Board in order to
allow the Assembly to consider issues the Board will be taking decisions on and
advise accordingly.
9.
Voting
9.1
All Joint Assembly members will be voting members.
9.2
Voting for meetings of the Joint Assembly will be conducted on the basis of a
simple majority.
10.
Reports and recommendations from the Joint Assembly to the Executive
Board
The Chairman of the Joint Assembly, or a nominated representative on his or her
behalf, will be entitled to attend meetings of the Executive Board to present reports
and recommendations from the Assembly as appropriate.
11.
Questions by the public and public speaking
At the discretion of the Chairman, members of the public may ask questions at
meetings of the Joint Assembly. This standard protocol is to be observed by public
speakers:
(a)
notice of the question should be given to the Democratic Services team at
South Cambridgeshire District Council (as administering authority) by 10am
the day before the meeting;
(b)
questioners will not be permitted to raise the competence or performance of
a member, officer or representative of any partner on the Joint Assembly, nor
any matter involving exempt information (normally considered as
‘confidential’);
(c)
questioners cannot make any abusive or defamatory comments;
(d)
if any clarification of what the questioner has said is required, the Chairman
will have the discretion to allow other Assembly members to ask questions;
(e)
the questioner will not be permitted to participate in any subsequent
discussion and will not be entitled to vote;
(f)
the Chairman will decide when and what time will be set aside for questions
depending on the amount of business on the agenda for the meeting.
Normally questions will be received as the first substantive item of the
meeting;
(g)
individual questioners will be permitted to speak for a maximum of three
minutes;
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Part 3C - Responsibility for Functions
Joint Committees
Greater Cambridge City Deal
(h)
in the event of questions considered by the Chairman as duplicating one
another, it may be necessary for a spokesperson to be nominated to put
forward the question on behalf of other questioners. If a spokesperson
cannot be nominated or agreed, the questioner of the first such question
received will be entitled to put forward their question.
12.
Petitions
12.1
At the discretion of the Chairman, members of the public may submit and present
petitions to the Joint Assembly. This standard protocol is to be observed by
petitioners:
(a)
petitions should include a clear statement of the petition organiser’s
concerns and what they would like the Joint Assembly to do;
(b)
petitions must relate to something which is within the responsibility of the
Joint Assembly, or over which the Assembly has some influence;
(c)
petitions must include the name and contact details of the petition organiser;
(d)
petitions must include at least 500 signatures. Petitions below this threshold
will not be presented to the Joint Assembly, but Assembly members will be
notified of them as long as they contain at least 50 signatures;
(e)
petitions must be submitted to the Democratic Services Team at South
Cambridgeshire District Council (as the administering authority) either in
paper format or using its e-petitions facility at least 5 clear working days
before the date of the meeting;
(f)
petition organisers will be permitted to present their petitions for a maximum
of three minutes;
(g)
where more than one petition is received in time for a particular meeting and
they are considered by the Chairman as supporting the same outcome or
being broadly similar in intent, it may be necessary for a spokesperson to be
nominated and present the petitions. If a spokesperson cannot be
nominated or agreed, the petition organiser of first petition received will be
entitled to present their petition;
(h)
petitions will be rejected if the Chairman considers them to be abusive or
libellous, frivolous, vague or ambiguous, rude, offensive, defamatory,
scurrilous or time-wasting or require the disclosure of exempt information
(normally considered as ‘confidential’).
12.2
Any matters arising from petitions considered by the Joint Assembly can be
reported to the Executive Board as per Standing Order 10.
13.
Participation at Joint Assembly meetings by other members of partner
Councils or other representatives of partner bodies
At the discretion of the Chairman, other elected members of the three partner
Councils or other representatives from the Greater Cambridge and Greater
Peterborough Enterprise Partnership or the University of Cambridge may be
entitled to speak and participate at meetings of the Assembly.
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Joint Committees
Greater Cambridge City Deal
14.
Minutes
14.1
The Chairman will sign the minutes of the proceedings at the next suitable meeting.
The Chairman will move that the minutes of the previous meeting be signed as a
correct record. The only part of the minutes that can be discussed is their
accuracy.
14.2
The minutes will be accompanied by a list of agreed action points, which may be
discussed in considering the minutes of the previous meeting should they not be
specifically listed as items on the agenda for the meeting.
15.
Exclusion of the public and press
Members of the public and press may be excluded from meetings in accordance
with the Access to Information rules of South Cambridgeshire District Council with
regard to the consideration of exempt or confidential information.
16.
Recording of proceedings
The recording in any format of meetings of the Joint Assembly is permitted, except:
-
where the Chairman, or person presiding the meeting, rules that filming is being
undertaken in such a way that is disruptive or distracting to the good order and
conduct of the meeting;
-
where the public have been excluded from the meeting in accordance with the
Access to Information rules of South Cambridgeshire District Council during the
consideration of exempt or confidential information.
17.
Disturbance by public
17.1
If a member of the public interrupts proceedings, the Chairman, or person presiding
the meeting, will warn the person concerned. If they continue to interrupt, the
Chairman will order their removal from the meeting room.
17.2
If there is a general disturbance in any part of the meeting room open to the public,
the Chairman, or person presiding the meeting, may call for that part to be cleared.
17.3
If there is a general disturbance making orderly business impossible, the Chairman,
or person presiding the meeting, may adjourn the meeting for as long as he or she
thinks is necessary.
18.
Interpretation of Standing Orders
The ruling of the Chairman of the Joint Assembly as to the application of these
Standing Orders shall be final.
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Joint Committees
Greater Cambridge City Deal
19.
Suspension of Standing Orders
Any of these Standing Orders may, as far as is lawful, be suspended by motion
passed unanimously by those entitled to vote.
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Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Part 3D - SCHEME OF DELEGATION TO OFFICERS
1.
Introduction
This section describes the extent and nature of the authority delegated to officers to
undertake functions on behalf of Cambridgeshire County Council. The delegations are
made by either the Full Council or one of its committees.
2.
General Principles
The Chief Executive and the Chief Officers, where they consider it necessary and
expedient, may authorise officers within their respective service Directorates to undertake
functions on their behalf. If such authorisations are made, the relevant Chief Officer shall
prepare and maintain a written schedule of authorisations to be available for inspection by
the Monitoring Officer and published on the Council’s website.
Where an officer listed in this Scheme of Delegation is absent for any period, the Chief
Executive may nominate in writing another officer to act in his/her place during their
absence and shall make a record of all such nominations.
The Chairman/woman of the relevant committee may request an officer not to exercise
their delegated power in any particular case and, if so, a report will be taken to the next
available meeting of this committee for consideration.
Chief Officers shall agree with the Chairman/woman and Vice-Chairman/woman of the
relevant committee the nature and level of information the committee requires regarding
the exercise of officers’ delegated powers.
Chief Officers shall exercise their delegated powers in accordance with any requirements
of the Chief Executive.
General Delegation
The Chief Executive and Chief Officers/Directors are authorised to discharge all the
functions of the authority within their areas of responsibility as defined below and subject
to the General Conditions and Limitations set out below.
Conditions Relating to the Exercise of Delegated Authority
The exercise of functions delegated to officers under this scheme must comply with:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
any legal requirement or restriction
any relevant provision in the Council’s Constitution
the Council's policy framework and any other plans and strategies approved
by the Council
the relevant in-year budget
the relevant officers’ code of conduct
the Council’s Financial and Contract Procedure Rules
the requirements of the Openness of Local Government Bodies Regulations
2014 and any supporting guidance
all other relevant policies, procedures, protocols and provisions.
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Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Limitations to the Exercise of Delegated Powers
Officers in the exercise of functions delegated by this scheme may not:
i)
make Key Decisions as defined in the relevant Council's Constitution unless
it is specifically delegated to the officer. An officer making a Key Decision
specifically delegated to him/her shall first consult with the Chairman/woman
and Vice-Chairman/woman of the relevant committee before exercising such
delegation.
ii)
change or contravene policies or strategies approved by the Council or its
committees or joint committees in the absence of specific delegated authority
to do so
iii)
create or approve new policies or strategies, in the absence of specific
delegated authority to do so
iv)
take decisions to withdraw public services, in the absence of specific
delegated authority to do so
v)
take decisions to significantly modify public services without consulting the
appropriate committee chairman/woman and vice-chairman/woman before
exercising the delegated power.
Consultation
Where an officer takes a decision under delegated authority on a matter which has
significant policy, service or operational implications or is known to be politically sensitive,
the officer shall first consult with the appropriate committee chairman/woman and vicechairman/woman before exercising the delegated powers.
When exercising delegated powers, officers shall ensure that local Members are kept
informed of matters affecting their divisions.
3. Specific Delegations
CHIEF EXECUTIVE:
To act as Head of Paid Service for the purposes of the Local Government and Housing
Act 1989.
To exercise in cases of urgency, those functions delegated to the Executive Directors,
Corporate/Service Directors or Heads of Service and in cases of emergency all powers of
the Council.
To act as controller in war and to exercise all the powers of local government in the event
of circumstances arising in which the County Council, or the committee to which
emergency powers have been delegated, is unable to act.
To take all operational decisions necessary to secure the provision of services and/or the
discharge of statutory functions, including the power to enter into contracts, in accordance
with approved policies and Financial Regulations across the County Council.
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Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
CHIEF EXECUTIVE:
In accordance with the Procedure for taking urgent decisions contained in Part 4.4(a) of
the Constitution to make any decision normally reserved to committee or another officer.
To hold to account Executive and Corporate Directors for the performance of their
departments.
To place items of business on agendas for formal member meetings.
Authority for the approval of pay, terms and conditions of service and training of
employees except for approving the annual Senior Officer Pay Policy Statement which is
reserved to the Full Council.
Authority to determine the number, grade, title and nature of staff employed within the
County Council.
ALL EXECUTIVE AND CORPORATE DIRECTORS:
1.
To make applications for planning permission in pursuance of Regulation 3 of the
Town and Country Planning General Regulations 1992.
2.
To incur expenditure in emergencies under Section 138 of the Local Government
Act 1972.
3.
To make all staff appointments below the level of Service or Corporate Director and
to determine the remuneration and conditions of service of each post within any
guidance or instructions issued by the LGSS: Director of HR and OD.
4.
To dispense with any provision of the Contract Regulations, but only in accordance
with the detailed requirements for Exemptions set out in the Procurement Rules
and/or Scheme of Financial Management up to a fixed sum (A7 below) or up to the
EU threshold, and in consultation with the relevant committee Chairman/woman and
Vice-Chairman/woman.
5.
To approve, with the agreement of the LGSS: Director of Finance, new revenue or
capital schemes by Trading Units at no net cost to the Council.
6.
To exercise corresponding powers and duties as already delegated to officers of the
Council within the Scheme of Delegation where these or similar powers and duties
are included in revised Acts, Orders or Regulations.
7.
To take all operational decisions necessary to secure the provision of services
and/or discharge of statutory functions, including the power to enter into contracts,
in accordance with approved policies and Financial Regulations or the purpose of
this Scheme of Delegation, this shall include the power to authorise the sealing of
contract documents including plans and schedules in the absence of specific
committee authority.
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Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
ALL EXECUTIVE AND CORPORATE DIRECTORS:
8.
Authority to determine the number, grade, title and nature of staff within their
Directorate and all other terms and conditions.
Subject to budget and in consultation with the Director of People, Transformation
and Transactions.
9.
To hold officers to account for the performance of their service areas
10.
The following table identifies the finance limits of delegated powers that Full Council
has issued to all Executive and Corporate Directors for specific finance-related
decisions.
A1
A2
A3
A4
A5
A6
A7
Capital virement
Revenue virement (including operational savings)
Debt write-off
Loans to other persons or organisations
Property transaction - capital value
Property transaction - annual rental
Loans and expenditure from Funds
£
250,000
160,000
10,000
5,000
500,000
150,000
300,000
EXECUTIVE DIRECTOR: CHILDREN, FAMILIES AND ADULTS
The exercise of the responsibilities set out below is delegated by the County Council:
(a) To be the designated Director of Children Services in accordance with Section
18(1) of the Children’s Act 2004
(b) Taking all operational decisions necessary to secure the provision of services
and/or discharge of statutory functions, including the power to enter into contracts,
in accordance with the approved policies and Financial Procedure Rules in relation
to the following areas:
Adult Social Care
•
•
•
•
•
•
•
•
Safeguarding
Mental Health
Disability
Older People
Residential services
Day Services
IT systems
Partnership and Planning
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
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Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Children’s Social Care
•
•
•
•
•
•
•
•
Education
Special educational needs and disability
Safeguarding and protection
Children’s social care
Youth services
Early Years
IT systems
Partnership and Planning
(c) Approving school governor appointments for which the Council has responsibility
and reporting these decisions quarterly to the Children and Young People’s
Committee
(d) Holding officers to account for the performance of their service areas
EXECUTIVE DIRECTOR: ECONOMY, TRANSPORT AND ENVIRONMENT SERVICES
The exercise of the responsibilities set out below is delegated by the County Council:
(a) Taking all operational decisions necessary to secure the provision of services
and/or discharge of statutory functions, including the power to enter into contracts,
in accordance with the approved policies and Financial Procedure Rules in relation
to the following areas:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Major infrastructure Delivery
Waste Disposal
Growth and Economy
Transport and infrastructure Policy and Funding
Highway
Assets and Commissioning
Traffic and Road Safety
Policy Co-ordination
Trading Standards
Archaeology and Conservation
Strategic Planning
Adult Learning Services, Libraries, Archives and Information
Registration and Coroners Services
Planning
Cultural and Parking Services
(b) Holding officers to account for the performance of their service areas
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 5
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
DIRECTOR OF PUBLIC HEALTH
The exercise of the responsibilities set out below is delegated by the County Council:
Public Health Services
Delegated to:
Responsible person for ensuring that the Council complies with
statutory requirements relating to complaints made to the Council
about its public health functions and, where necessary, action is taken
in light of the outcome of such complaints.
Chief Executive
Part 4, Regulation 22(1)(a), The NHS Bodies and Local Authorities
(Partnership Arrangements, Care Trusts, Public Health and Local
Healthwatch) Regulations 2012.
Responsibility for preparing an annual report on the health of the
people of Cambridgeshire under Section 31, Health and Social Care
Act 2012.
Director of
Public Health
Responsibility for preparing an annual health protection report to the
Health and Wellbeing Board to cover a summary of relevant activity
and the multi-agency health protection plans in place, establish how
the various health protection responsibilities are discharged, and
identify their relationship to the Joint Strategic Needs Assessment and
Health and Wellbeing Strategy priorities.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to
improve the health of the people in the Council’s area under Section
30, Heath and Social Care Act 2012 and Section 2B, NHS Act 2006.
In exercising this duty, the steps that may be taken include:
a) providing information and advice;
b) providing services or facilities designed to promote healthy living
(whether by helping individuals to address behaviour that is
detrimental to health or in any other way);
c) providing services or facilities for the prevention, diagnosis or
treatment of illness;
d) providing financial incentives to encourage individuals to adopt
healthier lifestyles;
e) providing assistance (including financial assistance) to help
individuals to minimise any risks to health arising from their
accommodation or environment;
f) providing or participating in the provision of training for persons
working or seeking to work in the field of health improvement; and
g) making available the services of any person or any facilities.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties that
relate to planning for, or responding to, emergencies involving a risk to
public health. Under Section 30, Heath and Social Care Act 2012 and
Section 73A, NHS Act 2006.
Director of
Public Health
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 6
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Delegated to:
Responsibility for exercising the Council’s powers and duties that
relate to arrangements for assessing etc risks posed by certain
offenders.
Director of
Public Health
(Section 30, Heath and Social Care Act 2012. Section 325, Criminal
Justice Act 2003)
Power to conduct, commission or assist the conduct of research for
any purpose connected with the exercise of the Council’s functions in
relation to the health service and to obtain data, information or advice
from persons with professional expertise pursuant to conducting such
research.
Director of
Public Health
(Section 17, Heath and Social Care Act 2012. Section 5, NHS Act
2006.)
Power to discharge those functions of the Council arising from the
requirement that a licensing authority, when determining and
publishing a licensing statement pursuant to section 5(3)(bb)
(statement of licensing policy) of the Licensing Act 2003, must consult
an authority with responsibility for public health.
Director of
Public Health
(Section 5(3)(bb) (statement of licensing policy) of the Licensing Act
2003,)
In relation to the Licensing Act 2003:
• authority to make representations on behalf of the Council to a
licensing authority in relation to the determination of an application
for, or a variation or minor variation of, a premises licence.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the determination of an application
for a provisional statement.
• authority to make an application or representations on behalf of the
Council to a licensing authority for and/or in relation to the review of
a premises licence.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the summary review of a premises
licence.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the determination of an application
for, or a variation or minor variation of, a club premises certificate.
• authority to make an application or representations on behalf of the
Council to a licensing authority for and/or in relation to the review of
a club premises certificate.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the inspection of premises prior to
the grant of a club premises certificate.
Director of
Public Health
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 7
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Delegated to:
• authority to make representations on behalf of the Council to a
licensing authority in relation to the review of a club premises
licence following a closure order.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the determination of an application
for an early morning alcohol restriction order.
(Sections 18, 35 and 41B and Sections 31, 51, 52, 53, 53C, 72, 85,
86B, 87(d), 88, 89, 96, 167(e) and 172B(f) of the Licensing Act 2003)
Responsibility for exercising the Council’s powers and duties to
provide, or secure the provision of, oral health promotion programmes
to the extent that the Council considers appropriate.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to
provide, or secure the provision of oral health surveys to facilitate:
• The assessment and monitoring of oral health needs;
• The planning and evaluation of oral health promotion programmes;
• The planning and evaluation of the arrangements for the provision
of dental services as part of the health services; and
• Where there are water fluoridation programmes affecting
Cambridgeshire, the monitoring and reporting of the effect of water
fluoridation programmes.
(The NHS Bodies and Local Authorities (Partnership Arrangements,
Care Trusts, Public Health and Local Healthwatch) Regulations 2012
and Section 87 (1) of the Water Industry Act 1991.)
Responsibility for exercising the Council’s powers and duties to
Director of
respond to oral health surveys conducted or commissioned by the
Public Health
Secretary of State under paragraph 13(1) of Schedule 1 to the
National Health Service Act 2006 where the survey is conducted within
Cambridgeshire.
(The NHS Bodies and Local Authorities (Partnership Arrangements,
Care Trusts, Public Health and Local Healthwatch) Regulations 2012)
Responsibility for exercising the Council’s powers and duties relating
to the making of, and consultation on, water fluoridation proposals to
the Secretary of State.
(Section 36, Heath and Social Care Act 2012 and Section 88B, Water
Industry Act 1988)
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 8
Director of
Public Health
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Delegated to:
Responsibility for exercising the Council’s powers and duties to
provide for the medical inspection at appropriate intervals of pupils in
attendance at schools maintained by the Council as local education
authority and for the medical treatment of such pupils.
Responsibility for exercising the Council’s powers and duties to
provide for the medical inspection or treatment of:
a) senior pupils in attendance at any educational establishment, other
than a school, which is maintained by the Council and at which
full-time further education is provided (subject to the prior
agreement of the governing body of the establishment); or
b) any child or young person who, in pursuance of section 19 or 319
of the Education Act 1996 (c. 56), is receiving primary or
secondary education otherwise than at a school.
Responsibility for exercising the Council’s powers and duties to
provide for the medical inspection or treatment of pupils in attendance
at any educational establishment which is not maintained by a local
education authority by arrangement with the proprietor of that
establishment.
(Section 17, Heath and Social Care Act 2012 and Section 5, NHS Act
2006.)
Responsibility for exercising the Council’s powers and duties to
provide for the weighing and measuring of pupils in attendance at any
school which is maintained by the authority and, by arrangement with
the proprietor, at any school which is not maintained by the Council.
Director of
Public Health
(Section 17, Heath and Social Care Act 2012, Section 5, NHS Act
2006. Part 2, Regulation 3 of The Local Authorities (Public Health
Functions and Entry to Premises by Local Healthwatch
Representatives) Regulations 2012 (DRAFT).)
Responsibility for exercising the Council’s powers and duties to
provide, or make arrangements for the provision of, health checks to
eligible persons within the Council’s area, pursuant to the
requirements set out in the legislation below.
Director of
Public Health
(Section 2B, National Health Service Act 2006.
Part 2, Regulations 4 and 5 of The Local Authorities (Public Health
Functions and Entry to Premises by Local Healthwatch
Representatives) Regulations 2012 (DRAFT).)
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 9
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Delegated to:
Responsibility for exercising the Council’s powers and duties to
Director of
provide, or make arrangements for the provision of, open access
Public Health
sexual health services within the Council’s area, including:
a) contraceptive services; and
b) services related to the prevention and treatment of sexually
transmitted infections.
pursuant to the requirements set out in the legislation referred to below
(Section 2B and Schedule 1 (para. 8), National Health Service Act
2006. Part 2, Regulation6 of The Local Authorities (Public Health
Functions and Entry to Premises by Local Healthwatch
Representatives) Regulations 2012 (DRAFT).)
Responsibility for exercising the Council’s powers and duties to
provide, or make arrangements for the provision of, a public health
advice service to any clinical commissioning group whose are falls
wholly or partly within the Council’s area.
Director of
Public Health
(Section 2A and 2B, National Health Service Act 2006.
Part 2, Regulation 7 of The Local Authorities (Public Health Functions
and Entry to Premises by Local Healthwatch Representatives)
Regulations 2012 (DRAFT).)
Responsibility for reviewing the range of matters to be covered by any
such public health advice service, having had regard to the needs of
the people in the Council’s area and in agreement with the clinical
commissioning group(s) to which the service is provided.
Director of
Public Health
(Section 2A and 2B, National Health Service Act 2006.
Part 2, Regulation 7 of The Local Authorities (Public Health Functions
and Entry to Premises by Local Healthwatch Representatives)
Regulations 2012 (DRAFT).)
Responsibility for exercising the Council’s powers and duties relating
to independent mental health advocate services.
Director of
Public Health
(Section 130, Mental Health Act 1983 and Section 43, Health and
Social Care Act 2012.)
Responsibility for exercising the Council’s powers and duties relating
to the provision of direct payments for healthcare.
(Section 12A, NHS Act 2006 and Schedule 4, Part 1, Health and
Social Care Act 2012.)
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 10
Director of
Public Health
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Delegated to:
Responsibility for exercising the Council’s powers and duties relating
to independent mental capacity advocates.
Director of
Public Health
(Section 35, Mental Capacity Act 2005 and Schedule 4, Part 1, Health
and Social Care Act 2012.)
Statutory functions of the Director of Public Health relating to
protecting the health of the local population
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to
provide information and advice to responsible persons and relevant
bodies within, or which exercise functions relating to, the Council’s
area, with a view to promoting the preparation of appropriate local
health protection arrangements.
(Section 2A and 2B, National Health Service Act 2006.
Part 2, Regulation 8 of The Local Authorities (Public Health Functions
and Entry to Premises by Local Healthwatch Representatives)
Regulations 2012 (DRAFT).)
Statutory functions of the Director of Public Health relating to
charges in respect of the Council’s functions under Section 2B of
the NHS Act 2006.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to make
and recover charges in respect of:
a) providing information and advice;
b) providing services and facilities designed to promote healthy living;
c) providing or participating in the provision of training for persons
working or seeking to work in the field of health improvement; and
d) making available the services of any person or facilities.
Subject to the restrictions set out in the legislation referred to below
(Section 2B, National Health Service Act 2006 and Part 3, Regulation
9 of The Local Authorities (Public Health Functions and Entry to
Premises by Local Healthwatch Representatives) Regulations 2012
(DRAFT).
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 11
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Delegated to:
Statutory functions relating to joint working with the prison
service under Section 249 of the NHS Act 2006.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to enter
into prescribed arrangements with the prison service insofar as those
arrangements relate to securing and maintaining the health of
prisoners.
(Section 249, National Health Service Act 2006 and Section 29, Health
and Social Care Act 2012.)
CORPORATE DIRECTOR: CUSTOMER SERVICE AND TRANSFORMATION
The exercise of the responsibilities set out below is delegated by the County Council:
(a) Taking all operational decisions necessary to secure the provision of services
and/or discharge of statutory functions, including the power to enter into contracts,
in accordance with the approved policies and Financial Procedure Rules in relation
to the following areas:
•
•
•
•
•
•
•
•
•
•
•
Business Transformation
Chief Executive’s Support team including support for Lord Lieutenant,
Chairman/woman and Director
Communications and Community Engagement
Customer Service Strategy, policy and operations
Digital Delivery
Emergency and Business Continuity Planning
Equality and Health and Safety (strategic lead)
Gypsies and Travellers (strategic lead)
Information Governance, Information Management and Records
Management
Military Covenant
Risk Management
(b) Holding officers to account for the performance of their service areas
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 12
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
The LGSS Joint Committee Scheme of Delegation
Shared Services and Delegated Functions
1.
The Shared Services
1.1
The Organisational Development and Human Resources Service, CCC & NCC
1.2
The Internal Audit Service, CCC & NCC
1.3
The Procurement Service, CCC & NCC
1.4
The Legal Service, CCC & NCC
1.5
The Finance Service, CCC & NCC
1.6
The ERP Development and Systems Administration Service CCC & NCC
1.7
The Information Technology Service
1.8
The Property, Performance & Research Service ( - For clarity this excludes
Facilities Management and Buildings Maintenance (NCC only))
1.9
Property and Asset Management Service (NCC)
1.10
The Pensions Service - Administering Authority and Employer, CCC & NCC.
1.11
Democratic Services, CCC & NCC
2.
Delegation of Functions and Responsibilities
General Principles
2.1
The Councils each agree that the Shared Services listed above will be provided
under the auspices of the Joint Committee (LGSS) which shall be responsible for
the provision of the Shared Service under delegated authority from the Councils to
the Joint Committee, which is set out set out below at Table 1 in respect of CCC
and Table 2 in respect of NCC. These delegations are subject to the conditions,
limitations and the specific reservations, set out below.
2.2
In order to facilitate the efficient and effective conduct of the Shared Services, the
Joint Committee shall delegate certain functions and responsibilities to The
Managing Director (LGSS) and to the Service Directors (LGSS).
2.3
The Managing Director (LGSS) and the Service Directors (LGSS), where they
consider it necessary and expedient, may sub delegate to officers within their
respective service Directorates. If such delegations are made, the relevant Service
Director (LGSS) shall prepare and maintain a written schedule of delegations to be
available for inspection by the Monitoring Officers and S.151 Officers of the
Councils.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 13
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
2.4
Where an Officer listed in this scheme of Delegation is absent for any period, the
Managing Director (LGSS) may nominate in writing another officer to act in his/her
place during his/her absence and shall make a record of all such nominations.
2.5
Without prejudice to the generality of the above and to any specific delegation listed
below, the officers listed in this section are authorised to exercise the following
functions of the Council, the Leader and the Head of Paid Service, which relate to
their area of responsibility.
Conditions Relating to the Exercise of Delegated Authority
2.6
The exercise of functions delegated to officers under this scheme must comply with:
i)
ii)
iii)
iv)
v)
vi)
vii)
any legal requirement or restriction
the relevant Council's Constitution
the relevant Council's policy framework and any other plans and strategies
approved by the relevant Cabinet or Full Council/relevant Committee
the relevant in-year budget
the relevant officers code of conduct
relevant Procurement Standing orders and financial regulations
all other relevant policies, procedures, protocols and provisions.
Limitations to the Exercise of Delegated Powers
2.7
Officers in the exercise of functions delegated by this scheme may not:
i)
ii)
iii)
iv)
v)
make Key Decisions as defined in the relevant Council's Constitution
change or contravene policies or strategies approved by the Council (in the
case of Cambridgeshire County Council) or the Cabinet (in the case of
Northamptonshire County Council) in the absence of specific delegated
authority to do so
create or approve new policies or strategies, in the absence of specific
delegated authority to do so
take decisions to withdraw public services, in the absence of specific
delegated authority to do so
take decisions to significantly modify public services without consulting the
appropriate Cabinet Member (in the case of Northamptonshire County
Council) or Full Council/Committee Chairman/woman (in the case of
Cambridgeshire County Council) before exercising the delegated power.
Consultation
2.8
Where an officer takes a decision under delegated authority on a matter which has
significant policy, service or operational implications or is known to be politically
sensitive, the officer shall first consult with the appropriate Cabinet Member or
Committee Chairman/woman (or in his/her absence the Vice-Chairman/woman)
before exercising the delegated powers.
2.9
When exercising delegated powers, officers shall ensure that local Members are
kept informed of matters affecting their divisions.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 14
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
3. Specific Delegations - Cambridgeshire County Council
Table 1 - Delegations from Cambridgeshire County Council
Delegation to JC from CCC
3.1
Delegation to
Officer
Condition
To have overall responsibility for the
provision, to the Councils, of the Shared
Services.
None
In accordance with all
relevant financial,
accounting,
Constitutional and
legal requirements.
To consider and approve the annual
report for LGSS.
None
To consider and approve the annual
service plan for each Shared Service and
make recommendations to the Council's
as to the provision of financial and other
resources.
None
Responsibility for the operational
management of the Shared Services,
(CCC), including determining the number,
grade, title and nature of staff deployed
and all other terms and conditions, in
addition to ensuring their proper
management.
Managing
Director (LGSS)
for all Shared
Services or in
his/her absence,
the Chief
Executives of the
Councils.
Directors (LGSS),
in respect of the
services within
their remit.
Subject to budget
and in accordance
with the relevant
Council's policies and
procedures.
To instigate and undertake the selection,
recruitment and appointment to, the post
of Managing Director (LGSS).
None
In respect of the Managing Director
(LGSS), to:
a)
instigate disciplinary and capability
investigations and proceedings
and to take action up to and
including dismissal, and
b)
implement all other relevant HR
policies and exercise any
associated decision-making
powers.
Chief Executive
CCC
In accordance with
any protocol agreed
by the Joint
Committee.
Where CCC is
employing authority
for Managing Director
LGSS.
General
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
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The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
To arrange for and undertake the
recruitment and appoint to, the posts of
Service Directors (LGSS).
In respect of the Directors (LGSS), to
a)
b)
instigate disciplinary and
capability investigations and
proceedings and to take action up
to and including dismissal, and
implement all other relevant HR
policies and exercise any
associated decision-making
powers.
Delegation to
Officer
Managing
Director (LGSS)
or in his/her
absence, the
Chief
Executives of
the Councils.
Managing
Director (LGSS)
or in his/her
absence the
Chief
Executives of
the Councils.
Condition
Subject to the
provisions of the
Local Authority
(Standing Orders)
Regulations 2001.
In consultation with
the LGSS: Director of
People,
Transformation and
Transactions (PT&T)
or his/her nominated
deputy; In
accordance with the
employing council's
HR policies and
subject to the
provisions of the
Local Authority
(Standing Orders)
Regulations 2001.
To arrange for and undertake the
recruitment and appoint to, all Relevant
Employees with the exception of the
Managing Director (LGSS) and Service &
ODs (LGSS).
Managing
Director (LGSS)
and/or Directors
(LGSS).
In respect of Relevant Employees other
than the Managing Director (LGSS) and
Directors (LGSS), to:
Managing
Director (LGSS)
and Directors
(LGSS) (in
relation to posts
within their
Directorate).
In consultation with
the LGSS: Director of
PT&T and in
accordance with the
relevant Council's HR
policies and
procedures.
Managing
Director (LGSS)
and/or Directors
(LGSS).
In accordance with
relevant procurement
standing orders and
any financial limits in
place.
a)
instigate disciplinary and capability
investigations and proceedings
and to take action up to and
including dismissal, and
b)
implement all other relevant HR
policies and exercise any
associated decision-making
powers.
To invite tenders and to enter into
contracts In respect of goods or services
directly relating to the provision of the
Shared Services.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
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The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
3.2
Delegation to
Officer
Condition
Responsibility for the operational
management of the Shared Services
within the remit of Human Resources and
OD,(CCC), including authority to
determine the number, grade, title and
nature of staff deployed and all other
terms and conditions in addition to
ensuring their proper management.
Director (LGSS)
People,
Transformation
& Transactions
(PT&T)
Subject to budget
and in accordance
with the relevant
Council's policies and
procedures.
To co-ordinate CCC's response to
national consultations on terms and
conditions of employment, in consultation
with the relevant Committee
Chairman/woman (or in his/her absence
the Vice-Chairman/woman).
LGSS: Director
PT&T
To implement national and local pay
awards/ changes to terms and conditions
of employment for employees.
LGSS: Director
PT&T
To negotiate recognition agreements and
local agreements with the trade unions on
behalf of CCC, in consultation with the
relevant Committee Chairman/woman (or
in his/her absence the ViceChairman/woman).
LGSS: Director
PT&T
To co-ordinate CCC's response to
retention/recruitment problems within the
agreed financial and policy framework, in
consultation with the relevant Committee
Chairman/woman (or in his/her absence
the Vice-Chairman/woman).
LGSS: Director
PT&T
To advise the Chief Executive on CCC's
response to any industrial action affecting
CCC's services, in consultation with the
relevant Committee Chairman/woman (or
in his/her absence the ViceChairman/woman), so that he/she can
determine the CCC response.
LGSS: Director
PT&T
To mediate on individual cases or
collective disputes to attempt to resolve
issues before they are referred to
members either at appeal or via the
collective disputes procedure
LGSS: Director
PT&T
Human Resources and OD
In consultation with
the LGSS: Director of
Law, Property and
Governance (LP&G)
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
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The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Specific Reservations
The Delegated Functions relating to Human Resources do not include the following
Reserved Functions:
•
•
•
appointment of Officers other than Relevant Employees
decision making on disciplinary, grievance, dismissal and appeals against
dismissal, relating to Officers other than Relevant Employees
hearing and deciding appeals against dismissal for the Head of Paid Service and
Chief Officers of the Councils.
Delegation to JC from CCC
3.3
Delegation
to Officer
Condition
Responsibility for the operational
management of the Shared Services
within the remit of Internal Audit, Risk
Management and Insurances Services,
(CCC), including authority to determine
the number, grade, title and nature of
staff deployed and all other terms and
conditions in addition to ensuring their
proper management.
LGSS:
Director
LP&G
In accordance with the
Audit and Accounts
Regulations 2003 or any
successor legislation.
To maintain an adequate and effective
system of internal audit of the CCC's
accounting records and control systems
and be authorised to visit all
establishments of CCC, to have access
to all CCC documents, other records,
computer systems and property and to
require relevant information or
explanation from any officer.
LGSS:
Director of
Finance
Internal Audit, Risk and Insurance
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Specific Reservations
The Delegated Functions relating to Internal Audit, Risk and Insurance do not include the
following Reserved Functions:
•
•
approval of the CCC Annual Governance Statement
policy and strategy decisions on Insurance and decisions which fall outside of the
Principles of decision-making.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
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The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
3.4
Delegation
to Officer
Condition
Responsibility for the operational
management of the Shared Services within
the remit of the procurement Service,
(NCC), including authority to determine the
number, grade, title and nature of staff
deployed and all other terms and
conditions in addition to ensuring their
proper management.
LGSS:
Director
LP&G
Subject to budget and
in accordance with the
relevant Council's
policies and
procedures.
Responsibility for the management of
advice support services relating to CCC's
procurement activity.
LGSS:
Director
LP&G
Procurement
Specific Reservations
The Delegated Functions relating to Procurement do not include the following Reserved
Function:
•
approval of the Council’s contract procedure rules and schemes of delegation, relating
to the Council’s procurement activity.
Delegation to JC from CCC
3.5
Delegation to
Officer
Condition
Responsibility for the operational
management of the Shared Services within
the remit of Legal Services, (CCC),
including authority to determine the
number, grade, title and nature of staff
deployed and all other terms and
conditions in addition to ensuring their
proper management.
LGSS: Director
LP&G
Subject to
budget and in
accordance with
the relevant
Council's
policies and
procedures.
To act as the Proper Officer for the
purposes of the Local Government Act
2000 and regulations made there under,
except where legislation or the Scheme of
Delegation names another officer.
LGSS: Director
LP&G
Legal Services
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 19
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
To make such amendments to the CCC
Constitution and related Documents, as
may from time to time become necessary
to reflect and take account of changes in
legislation, guidance, Council Policy,
decisions of the Council and any drafting
changes or improvements. This shall not
include any changes of substance.
Delegation to
Officer
LGSS: Director
LP&G
LGSS: Director
LP&G
To serve statutory notices to ascertain
the legal interest of any person in land.
LGSS: Director
LP&G
To authorise the institution or defence of
legal proceedings at common law or under
any enactment, statutory instrument, order
or bylaw conferring functions upon CCC or
in respect of functions undertaken by CCC.
LGSS: Director
LP&G
To authorise officers of CCC to prosecute
or defend or appear in any legal
proceedings by virtue of the provisions of
Section 223 of the Local Government Act
1972.
LGSS: Director
LP&G
In cases of dispute, to decide upon a
Member's "need to know".
To affix the common seal to all documents
necessary to bring into effect decisions of
CCC or any Committee, Sub-Committee or
officer in pursuance of powers delegated
by or on behalf of the Council.
LGSS: Director
LP&G
LGSS: Director
LP&G
To authorise CCC officers to enter onto
land where necessary to enable them to
carry out the functions of the Authority.
LGSS: Director
LP&G
3D, page 20
In consultation
with Group
Leaders.
Not to be
exercised if any
Group Leader
objects to the
proposed
change.
To make applications for the grant of
Letters of Administration for the use and
benefit of children in the care of CCC.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
Condition
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
To determine whether an application for
planning permission is required for CCC
Matters (Minerals and Waste); and to
determine whether planning permission is
required in respect of development to be
carried out by CCC.
Delegation to
Officer
LGSS: Director
LP&G
To agree procedures for the conduct of all
appeals heard by the CCC Service
Appeals Committee.
LGSS: Director
LP&G
To agree procedures for the conduct of
CCC Education Admission and Exclusion
Appeals and the selection and
appointment of Members to CCC appeals
panels.
LGSS: Director
LP&G
Condition
Specific Reservations
N/A
Delegation to JC from CCC
3.6
Delegation to
Officer
Condition
Responsibility for the operational
management of the Shared Services within
the remit of Financial Services, (CCC),
including authority to determine the
number, grade, title and nature of staff
deployed and all other terms and
conditions in addition to ensuring their
proper management.
LGSS: Director of
Finance
Subject to
budget and in
accordance with
the relevant
Council's
policies and
procedures
The management of trust funds on behalf
of CCC.
Chief Finance
Officer (Section 151
Officer) (CCC)
Chief Finance
Officer (Section 151
Officer) (CCC)
Finance Services
The Treasury Management function
including the management of debt and the
borrowing and investment of money
(excluding the Superannuation Fund).
Approval of CCC’s banking facilities;
arrangements for the signing and security
of cheques, etc.
Chief Finance
Officer (Section 151
Officer) (CCC)
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 21
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
Capital financing determinations under
the Local Government and Housing Act
1989 where these may be made by an
officer.
Delegation to
Condition
Officer
Chief Finance
Officer (Section 151
Officer) (CCC)
Approval of supplementary estimates of
expenditure under Section 138 of the
Local Government Act 1972
(emergencies or disasters affecting CCC).
Chief Finance
Officer (Section 151
Officer) (CCC)
To approve any detailed schemes of local
financial management.
Chief Finance
Officer (Section 151
Officer) (CCC)
Chief Finance
Officer (Section 151
Officer) (CCC)
Chief Finance
Officer (Section 151
Officer) (CCC)
To approve the implementation of local
financial systems, (CCC).
To write off bad or irrecoverable debts or
deficiencies relating to stores or property
up to a maximum amount (A3) Table 1(a)
or unlimited if the debtor is
bankrupt/insolvent; unable to be traced; in
prison and has no means to pay; or there
is no, or uncertain liability.
To make loans in furtherance of service
objectives to other persons or
organisations up to a maximum amount
(A4) Table 1(a).
Chief Finance
Officer (Section 151
Officer) (CCC)
To approve loans and expenditure
financed from the Invest to Transform
Fund, Partnership Fund, Capital
Financing Fund and Environmental Fund
subject to certain financial limits (A8)
Table 1(a).
Chief Finance
Officer (Section 151
Officer) (CCC)
To determine requests for CCC to act as
co-guarantor for leases held by voluntary
organisations and charities, in
consultation with the appropriate
Committee Chairman/woman (or in
his/her absence the ViceChairman/woman).
Chief Finance
Officer (Section 151
Officer) (CCC)
To authorise, in consultation with the
Executive Director: Children, Families
and Adults, schools to plan for a deficit
Chief Finance
Officer (Section 151
Officer) (CCC)
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 22
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
Delegation to
Officer
Condition
budget to finance exceptional purchases/
projects.
To review and increase financial limits on
an annual basis, taking account of
inflation, subject to consultation with the
relevant portfolio holder.
Chief Finance
Officer (Section 151
Officer) (CCC)
To sign off grant claims.
Chief Finance
Officer (Section 151
Officer) (CCC)
Table 1 (a)
CCC Finance Limits of Delegated Powers
A1
Capital virement
A2
Revenue virement (including operational savings)
A3
Debt write-off
A4
Loans to other persons or organisations
A5
Property transaction - capital value
A6
Property transaction - annual rental
A7
Loans and expenditure from Funds
£
250,000
160,000
10,000
5,000
500,000
150,000
300,000
Specific Reservations
The Delegated Functions relating to Finance do not include the following Reserved
Functions:
•
•
•
•
•
•
approving CCC's financial strategies and plans
approval of CCC's corporate plans
approving schemes for the use of CCC's earmarked reserves or contingency
provision
approval of CCC's annual statement of accounts
approval of renewal terms for insurances for CCC
approval of CCC's Financial Procedure Rules, Standing Orders and Procedures.
Delegation to JC from CCC
3.7
Delegation to
Officer
Condition
LGSS:
Director of
Finance
Subject to budget and
in accordance with the
relevant Council's
policies and
procedures.
Pensions
Responsibility for the operational
management of the Shared Services
within the remit of the Pensions Service,
(CCC), including authority to determine
the number, grade, title and nature of
staff deployed and all other terms and
conditions in addition to ensuring their
proper management.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 23
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
Delegation to
Officer
To determine all future applications to
join CCC's superannuation fund as an
admitted body after consultation with the
Chairman/woman of the Pension Fund
Board.
Chief Finance
Officer (Section
151 Officer)
(CCC)
Condition
To determine any applications to CCC for Chief Finance
Officer (Section
recommencement of the payment of a
151 Officer)
widow’s pension.
To determine future applications to CCC
for the early payment of deferred pension
rights.
(CCC)
Chief Finance
Officer (Section
151 Officer)
(CCC)
Chief Finance
To exercise the discretion as to whom
any lump sum death grant should be paid Officer (Section
151 Officer)
out from the CCC Pension Fund.
(CCC)
3.8
The granting of applications to CCC for
early payment of benefits on or after age
50 and before age 60.
Chief Finance
Officer (Section
151 Officer)
(CCC)
Detailed implementation of the
investment strategy as determined by the
Pension Fund Board and the issuing of
any instructions to investment managers
consistent with the strategy or required
as a matter of urgency to safeguard
CCC's position.
Chief Finance
Officer (Section
151 Officer)
(CCC)
To agree any ‘whole fund’ parameters
and assumptions used by the Actuary for
the triennial fund valuation and the
phasing of any changes to employer
contribution rates after consultation with
the Chairman/woman of the Pension
Fund Board.
Chief Finance
Officer (Section
151 Officer)
(CCC)
ERP and Systems Administration
Responsibility for the operational
management of the Shared Services
within the remit of the ERP and
Systems Administration Services,
(CCC), including authority to determine
the number, grade, title and nature of
staff deployed and all other terms and
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 24
LGSS:
Director
PT&T
Subject to budget and
in accordance with the
relevant Council’s
policies and
procedures.
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
Delegation to
Officer
Condition
conditions in addition to ensuring their
proper management.
Responsibility for the management of
the ERP Development and Systems
Administration Service for the Councils.
LGSS:
Director
PT&T
Specific Reservations
N/A
Delegation to JC from CCC
3.9
Delegation
to Officer
Information Technology
Responsibility for the operational
management of the Shared Services
within the remit of the Information
Technology Service (CCC), including
authority to determine the number,
grade, title and nature of staff
deployed and all other terms and
conditions in addition to ensuring their
proper management.
Strategic and operational
accountabilities for management of
Information Technology development
and systems administration for CCC.
Condition
LGSS:
Subject to budget and in
Director of IT accordance with the
Services (IT) relevant Council’s policies
and procedures.
LGSS:
Director IT
Specific Reservations
The Delegated Functions relating to IT do not include the following Reserved Function:
•
Approval of the IT Strategy and Policies for CCC.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 25
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC
3.10
Delegation
to Officer
Condition
LGSS:
Director
LP&G
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Property Services
Responsibility for the operational
management of the Shared Services
within the remit of Property Services,
(CCC), including authority to
determine the number, grade, title and
nature of staff deployed and all other
terms and conditions in addition to
ensuring their proper management.
Specific Reservations
The Delegated Functions relating to Property do not include the following Reserved
Function:
•
approval of the Property strategies and policies for CCC.
Delegation to JC from CCC
3.11
Condition
LGSS:
Director
LP&G
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Democratic & Member Services
Responsibility for the operational
management of the Shared Services
within the remit of Democratic and
Member Services (CCC), including
authority to determine the number,
grade, title and nature of staff
deployed and all other terms and
conditions in addition to ensuring their
proper management.
4.
Delegation
to Officer
Specific Delegations - Northamptonshire CC
Table 2 - Delegations from Northamptonshire County Council
Delegation to JC from NCC
4.1
Delegation
to Officer
Condition
To have overall responsibility for the
provision, to the Councils, of the Shared
Services.
None
In accordance with all
relevant financial,
accounting, Constitutional
and legal requirements.
To consider and approve the annual
report for LGSS.
None
General
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 26
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
To consider and approve the annual
service plans for the Shared Services
and make recommendations to the
Council's as to the provision of
financial and other resources.
Responsibility for the operational
management of the Shared Services,
(NCC), including determining the
number, grade, title and nature of staff
deployed and all other terms and
conditions in addition to ensuring their
proper management.
Delegation
to Officer
None
Condition
Managing
Director
(LGSS), for all
Shared
Services, or in
the absence
of a Managing
Director, the
Chief
Executives of
the Councils.
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Directors
(LGSS), in
respect of the
services
within their
remit.
To instigate and undertake the
selection, recruitment and appointment
to, the post of Managing Director
(LGSS).
None
In accordance with any
protocol agreed by the
Joint Committee.
In respect of the Managing Director
(LGSS), to:
Chief
Executive
NCC
Where NCC is the
employer of the Managing
Director LGSS.
Managing
Director
(LGSS) or in
the absence
of an MD
(LGSS), the
Chief
Executives
Subject to the provisions
of the Local Authority
(Standing Orders)
Regulations 2001.
a)
instigate disciplinary and
capability investigations and
proceedings and to take action
up to and including dismissal and
b)
implement all other relevant HR
policies and exercise any
associated decision-making
powers.
To arrange for and undertake the
recruitment and appoint to, the posts of
Service Directors (LGSS).
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 27
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
In respect of the Service Directors
(LGSS), to:
a)
instigate disciplinary and
capability investigations and
proceedings and to take action
up to and including dismissal and
b)
implement all other relevant HR
policies and exercise any
associated decision-making
powers.
To arrange and undertake the
recruitment and appointment of all
Relevant Employees, with the exception
of the Managing Director (LGSS) and
Service Directors (LGSS).
In respect of Relevant Employees other
than the Managing Director (LGSS) and
Service Directors (LGSS), to:
a)
instigate disciplinary and
capability investigations and
proceedings and to take action
up to and including dismissal,
and
b)
implement all other relevant HR
policies and exercise any
associated decision-making
powers.
To invite tenders and to enter into
contracts In respect of goods or
services directly relating to the provision
of the Shared Services.
4.2
Delegation
to Officer
of the
Councils.
Managing
Director
(LGSS) or in
the absence
of a
Managing
Director, the
Chief
Executives
of the
Councils.
Managing
Director
(LGSS)
and/or
Directors
(LGSS).
Managing
Director
(LGSS) and
Directors
(LGSS) (in
relation to
posts within
their
Directorate).
Managing
Director
and/or
Service
Directors
(LGSS).
Condition
In consultation with the
Service Director (LGSS)
HR & OD or their
nominated deputy; In
accordance with the
employing council’s HR
policies and subject to the
provisions of the Local
Authority (Standing
Orders) Regulations 2001.
In consultation with the
Service Director (LGSS)
HR & OD and in
accordance with the
relevant Council’s HR
policies and procedures.
In accordance with
relevant procurement
standing orders and any
financial limits in place.
Human Resources and OD
Strategic and operational
accountabilities for the Human
Resources and Organisational
Development services for NCC.
Service
Director
(LGSS)
PT&T
Responsibility for the operational
Service
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 28
Subject to budget and in
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
management of the Shared Services
within the remit of Human Resources
and OD,(NCC), including authority to
determine the number, grade, title and
nature of staff deployed and all other
terms and conditions in addition to
ensuring their proper management.
Delegation
to Officer
Director
(LGSS)
PT&T
Condition
accordance with the
relevant Council's policies
and procedures.
Specific Reservations
The Delegated Functions relating to Human Resources do not include the following
Reserved Functions:
•
•
•
appointment of Officers other than Relevant Employees
decision making on disciplinary, grievance, dismissal and appeals against
dismissal, relating to Officers other than Relevant Employees
hearing and deciding appeals against dismissal for the Heads of Paid Service and
Chief Officers of the Councils.
Delegation to JC from NCC
4.3
Delegation
to Officer
Condition
Responsibility for the operational
management of the Shared Services
within the remit of Internal Audit, Risk
and Insurance Service,(NCC), including
authority to determine the number,
grade, title and nature of staff deployed
and all other terms and conditions in
addition to ensuring their proper
management.
LGSS:
Director
LP&G
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Strategic and operational
accountabilities for the internal audit,
risk management and insurance
services for NCC.
LGSS:
Director
LP&G
Responsibility to maintain an adequate
and effective system of internal audit of
NCC’s accounting records and system
of internal control in accordance with
proper internal audit practices.
LGSS:
Director
LP&G
To deal with all insurance cover and the
settlement of claims.
LGSS:
Director
LP&G
Internal Audit, Risk and Insurance
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 29
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Specific Reservations
The Delegated Functions relating to Internal Audit, Risk and Insurance do not include the
following Reserved Functions:
•
•
approval of the Annual Governance Statement
policy and strategy decisions on insurance and decisions which fall outside of the
principles of decision-making.
Delegation to JC from NCC
4.4
Delegation
to Officer
Condition
LGSS:
Director
LP&G
Subject to budget and in
accordance with the
relevant Council’s policies
and procedures.
Procurement
Responsibility for the operational
management of the Shared Services
within the remit of the procurement
Service,(NCC), including authority to
determine the number, grade, title and
nature of staff deployed and all other
terms and conditions in addition to
ensuring their proper management.
Strategic and operational
accountabilities for management of
procurement services for NCC.
LGSS:
Director
LP&G
Specific Reservations
The Delegated Functions relating to Procurement do not include the following Reserved
Function:
•
approval of NCC's contract procedure rules and schemes of delegation, relating to
NCC's procurement activity.
Delegation to JC from NCC
4.5
Delegation to Condition
Officer
Legal Services
Responsibility for the operational
management of the Shared Services
within the remit of the Legal Service,
(NCC), including authority to determine
the number, grade, title and nature of
staff deployed and all other terms and
conditions in addition to ensuring their
proper management.
Strategic and operational
accountabilities for legal services for
NCC.
Director
(LGSS) Law,
Property &
Governance
Director
(LGSS) Law,
Property &
Governance
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 30
Subject to budget and in
accordance with the
relevant Council's
policies and procedures.
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
Confirming orders if no objections are
received to proposals for the stopping
up or diversion of public footpaths and
bridleways to enable development to
take place following the granting of
planning permission.
Delegation to Condition
Officer
Director
(LGSS) Law,
Property &
Governance
Affixing NCC’s seal to agreements
where developers or landowners
propose to provide or make
contributions to the provision of
education or other facilities required as
a result of the proposed development.
Director
(LGSS) Law,
Property &
Governance
Determining appeals by fire fighters.
Director
(LGSS) Law,
Property &
Governance
Director
(LGSS) Law,
Property &
Governance
Director
(LGSS) Law,
Property &
Governance
Acting as the Appointed Person under
the Local Government Pension Scheme
Regulations 1997.
Discharging NCC’s functions under the
Data Protection Act 1998, Freedom of
Information Act 2000 and regulations
made there under and under the
Environmental Information Regulations
2004 and under all associated
legislation.
Authorising officers of NCC to
prosecute, defend or appear on behalf
of NCC in proceedings before a
magistrates’ court.
Director
(LGSS) Law,
Property &
Governance
To authorise the institution, defence,
withdrawal, compromise or any other
action relating to claims or legal
proceedings, civil or criminal. To settle
on appropriate terms any litigation or
claim made by or against NCC.
Director
(LGSS) Law,
Property &
Governance
To authorise the instigation of a formal
complaint or similar, with regards to any
individual or organisation to a
professional body.
Director
(LGSS) Law,
Property &
Governance
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 31
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
In the name of NCC to make
representations in the interests of the
inhabitants of Northamptonshire at any
public inquiry held by or on behalf of
any minister or public body under any
enactment.
(i)
To prepare all contracts, leases
and agreements affecting NCC
land or property and in any case
where the Service Director
(LGSS) Legal considers it
necessary a formal contract for
the supply of goods and
materials, the provision of
services or the execution of
works;
(ii)
To enter into any agreement or
deed granting any wayleave or
easement or similar right over or
appurtenant to any property of
NCC;
(iii)
To attest the affixing of NCC’s
seal in circumstances where this
is required;
(iv)
To approve the form of
agreements under hand relating
to matters of ordinary
administration; and
(v)
To enter into all legal documents
other than those under seal and
those to which the above item
(iv) bullet point applies.
Delegation to Condition
Officer
Director
(LGSS) Law,
Property &
Governance
Director
(LGSS) Law,
Property &
Governance
After consultation with
the appropriate Chief
Officers.
Instituting and conducting on behalf of
NCC proceedings for offences under
the provisions of the Safety of Sports
Grounds Act 1975.
Director
(LGSS) Law,
Property &
Governance
Conveying to the appropriate trustees
the sites and buildings of any voluntary
school.
Director
(LGSS) Law,
Property &
Governance
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 32
In consultation with the
Chief Fire Officer.
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
Delegation to
Officer
Recovering charges due to the Council
Director
under Part III of the National Assistance (LGSS) Law,
Act 1948 from a person in residential
Property &
accommodation or third parties liable for Governance
the charges under the Health and Social
Security Adjudications Act 1983 and to
create a charge on the land of the
resident pursuant to the last mentioned
Act and to enter into or discharge any
Agreement or Deed with the resident or
an interested third party relating to the
recovery of the charges.
Giving a discharge or postponement of
any Legal Charge in NCC's favour on
property the subject of a grant for
adaptation works under the Chronically
Sick and Disabled Persons Act 1970.
Director
(LGSS) Law,
Property &
Governance
Affixing NCC's seal to contracts with
other local authorities entered into by
the Engineering Services Laboratory.
Director
(LGSS) Law,
Property &
Governance
Director
(LGSS) Law,
Property &
Governance
Determining applications for NCC
development of land or buildings under
The Town and Country Planning
General Regulations 1992.
Carrying out NCC's powers and duties
concerning the giving of directions to
persons residing unlawfully in vehicles
on land without consent to remove their
vehicles on pain of prosecution and
authority to enter into arrangements
with neighbouring local authorities
under Section 101 of the Local
Government Act 1972, in this respect
when such action is considered to be
expedient.
Condition
In consultation with the
corporate director of
Health and Adult Social
Services.
In consultation with the
corporate director of
Health and Adult Social
Services.
Any application to which
the Service Director
(LGSS) Legal considers
objections should be
raised to be referred to
the Development Control
Committee for
determination.
Director
(LGSS) Law,
Property &
Governance
Affixing NCC’s seal to contracts for the
Director
sale of goods manufactured by NORDIS (LGSS) Law,
Industries.
Property &
Governance
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 33
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
Agreeing appointments to the
Northamptonshire Valuation Tribunal on
behalf of NCC.
Obtaining information in respect of
interests in land.
To execute transfers of land and other
property and any documents ancillary to
the transfer of staff where those
documents are required to be made
under the following enactments: The
School Standards and Framework Act
1998, The Education Act 2002 and The
Academies Act 2010.
To affix the Council’s seal to any
document necessary as a result of a
scheme made under Schedule 2 of the
Courts Act 2003 for the transfer of
property used by Magistrates Courts.
Delegation to Condition
Officer
Director
(LGSS) Law,
Property &
Governance
Director
(LGSS) Law,
Property &
Governance
Director
(LGSS) Law,
Property &
Governance
Director
(LGSS) Law,
Property &
Governance
Specific Reservations
N/A
Delegation to JC from NCC
4.6
Delegation
to Officer
Condition
Responsibility for the operational
management of the Shared Services
within the remit of the Finance Services,
(NCC), including authority to determine
the number, grade, title and nature of
staff deployed and all other terms and
conditions in addition to ensuring their
proper management.
Director
(LGSS)
Finance
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Strategic and operational
accountabilities for finance services for
NCC.
Director
(LGSS)
Finance
Finance Services
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 34
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
To determine and implement
arrangements for Treasury
Management in accordance with the
(CIPFA) Treasury Management in the
Public Services Code of Practice,
NCC’s approved Treasury Management
Policy Statement and Treasury
Management and Investment Strategy,
NCC’s Financial Procedure Rules and
any other arrangements approved by
NCC, including appointment of NCC’s
investment advisors.
To be responsible for authorising and
operating NCC’s banking arrangements
including determining arrangements for
the signing and security of cheques and
the operation of the BACS, CHAPS and
Direct Debit processes.
Delegation
to Officer
Director
(LGSS)
Finance
Condition
Director
(LGSS)
Finance
To commission investigations and
Director
reports, where appropriate, in support of (LGSS)
NCC’s Anti-Fraud Policy and financial
Finance
governance arrangements.
To ensure NCC pays its creditors and
recovers its debts in line with agreed
policies and to write off bad or
irrecoverable debts or deficiencies in
accordance with agreed policies.
Director
(LGSS)
Finance
To implement national and local pay
awards and increase payments under
the Pension Increase Acts.
Director
(LGSS)
Finance
To approve the early retirement of
staff who are subject to the Local
Government Superannuation
Regulations.
Director
(LGSS)
Finance
To make finance lease arrangements.
Director
(LGSS)
Finance
Director
(LGSS)
Finance
To manage the deployment of NCC’s
revenue and capital resources
including any resources allocated for
joint working.
Consultation with relevant
Chief Officer.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 35
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
Delegation
to Officer
To represent and act on behalf of NCC
in connection with bankruptcies
including meetings of creditors.
Director
(LGSS)
Finance
Approval of supplementary estimates
of expenditure in the case of
emergencies or disasters affecting
Northamptonshire.
Director
(LGSS)
Finance
Providing financial information to the
media, members of the public.
Director
(LGSS)
Finance
Condition
Specific Reservations
The Delegated Functions relating to Finance do not include the following Reserved
Functions:
•
•
•
•
•
•
approving the Councils financial strategies and plans
approval of the Councils corporate plans
approving schemes for the use of earmarked reserves or contingency provision
approval of the Councils annual statement of accounts
approval of renewal terms for insurances for the Council
approval of the Councils Financial Procedure Rules, Standing Orders and
Procedures.
Delegation to JC from NCC
4.7
Delegation
to Officer
Condition
Local Government Pension Scheme
Responsibility for the operational management Director
of the Shared Services within the remit of the
(LGSS)
Pensions Service, (NCC), including authority
Finance
to determine the number, grade, title and
nature of staff deployed and all other terms
and conditions in addition to ensuring their
proper management.
To maintain NCC’s responsibility for
maintaining the Local Government Pension
Scheme Regulations 1997, and any
subsequent amending regulations, including
the exercise of the Administering Authority’s
discretion and to make arrangements for the
monitoring of the Pension Fund investments.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 36
Director
(LGSS)
Finance
Subject to budget
and in accordance
with the relevant
Council’s policies
and procedures.
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Specific Reservations
N/A
Delegation to JC from NCC
4.8
Delegation
to Officer
Condition
Responsibility for the operational
management of the Shared Services
within the remit of the ERP and
Systems Administration Services,
(NCC), including authority to determine
the number, grade, title and nature of
staff deployed and all other terms and
conditions in addition to ensuring their
proper management.
Director
(LGSS) IT
Subject to budget and in
accordance with the
relevant Council’s policies
and procedures.
Strategic and operational
accountabilities for ERP development
and systems administration for NCC.
Director
(LGSS) IT
ERP and Systems Administration
Specific Reservations
N/A
Delegation to JC from NCC
4.9
Delegation
to Officer
Condition
Responsibility for the operational
management of the Shared Services
within the remit of the ICT Services,
(NCC), including authority to determine
the number, grade, title and nature of
staff deployed and all other terms and
conditions in addition to ensuring their
proper management.
Director
(LGSS) IT
Subject to budget and in
accordance with the
relevant Council’s policies
and procedures.
Strategic and operational
accountabilities for management of
Information Technology development
and systems administration for NCC.
Director
(LGSS) IT
ICT
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
3D, page 37
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Specific Reservations
The Delegated Functions relating to ICT do not include the following Reserved Function:
•
Approval of the ICT Strategy and Policies for NCC.
Delegation to JC from NCC
4.10
Property
Responsibility for the operational
management of the Shared Services
within the remit of Property Services,
(NCC), including authority to determine
the number, grade, title and nature of
staff deployed and all other terms and
conditions in addition to ensuring their
proper management.
Delegation
to Officer
Condition
Director
(LGSS) Law,
Property &
Governance
Subject to budget and in
accordance with the
relevant Council’s policies
and procedures.
Delegation
to Officer
Condition
Director
(LGSS) Law,
Property &
Governance
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Specific Reservations
N/A
Delegation to JC from NCC
4.11
Democratic & Member Services
Responsibility for the operational
management of the Shared Services
within the remit of Demeocratic and
Member Services, (NCC), including
authority to determine the number,
grade, title and nature of staff
deployed and all other terms and
conditions in addition to ensuring their
proper management.
Part 3D – Scheme of Delegation to Officers [effective from 13th May 2014]
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The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Part 3D - SCHEME OF DELEGATION TO OFFICERS
1.
Introduction
This section describes the extent and nature of the authority delegated to officers to
undertake functions on behalf of Cambridgeshire County Council. The delegations are
made by either the Full Council or one of its committees.
2.
General Principles
The Chief Executive and the Chief Officers, where they consider it necessary and
expedient, may authorise officers within their respective service Directorates to undertake
functions on their behalf. If such authorisations are made, the relevant Chief Officer shall
prepare and maintain a written schedule of authorisations to be available for inspection by
the Monitoring Officer and published on the Council’s website.
Where an officer listed in this Scheme of Delegation is absent for any period, the Chief
Executive may nominate in writing another officer to act in his/her place during their
absence and shall make a record of all such nominations.
The Chairman/woman of the relevant committee may request an officer not to exercise
their delegated power in any particular case and, if so, a report will be taken to the next
available meeting of this committee for consideration.
Chief Officers shall agree with the Chairman/woman and Vice-Chairman/woman of the
relevant committee the nature and level of information the committee requires regarding
the exercise of officers’ delegated powers.
Chief Officers shall exercise their delegated powers in accordance with any requirements
of the Chief Executive.
General Delegation
The Chief Executive and Chief Officers/Directors are authorised to discharge all the
functions of the authority within their areas of responsibility as defined below and subject
to the General Conditions and Limitations set out below.
Conditions Relating to the Exercise of Delegated Authority
The exercise of functions delegated to officers under this scheme must comply with:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
any legal requirement or restriction
any relevant provision in the Council’s Constitution
the Council's policy framework and any other plans and strategies approved
by the Council
the relevant in-year budget
the relevant officers’ code of conduct
the Council’s Financial and Contract Procedure Rules
the requirements of the Openness of Local Government Bodies Regulations
2014 and any supporting guidance
all other relevant policies, procedures, protocols and provisions.
Part 3D – Scheme of Delegation to Officers, Page 1 [effective from 22nd March 2016]
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Limitations to the Exercise of Delegated Powers
Officers in the exercise of functions delegated by this scheme may not:
i)
make Key Decisions as defined in the relevant Council's Constitution unless
it is specifically delegated to the officer. An officer making a Key Decision
specifically delegated to him/her shall first consult with the Chairman/woman
and Vice-Chairman/woman of the relevant committee before exercising such
delegation.
ii)
change or contravene policies or strategies approved by the Council or its
committees or joint committees in the absence of specific delegated authority
to do so
iii)
create or approve new policies or strategies, in the absence of specific
delegated authority to do so
iv)
take decisions to withdraw public services, in the absence of specific
delegated authority to do so
v)
take decisions to significantly modify public services without consulting the
appropriate committee chairman/woman and vice-chairman/woman before
exercising the delegated power.
Consultation
Where an officer takes a decision under delegated authority on a matter which has
significant policy, service or operational implications or is known to be politically sensitive,
the officer shall first consult with the appropriate committee chairman/woman and vicechairman/woman before exercising the delegated powers.
When exercising delegated powers, officers shall ensure that local Members are kept
informed of matters affecting their divisions.
3. Specific Delegations
CHIEF EXECUTIVE:
To act as Head of Paid Service for the purposes of the Local Government and Housing
Act 1989.
To exercise in cases of urgency, those functions delegated to the Executive Directors,
Corporate/Service Directors or Heads of Service and in cases of emergency all powers of
the Council.
To act as controller in war and to exercise all the powers of local government in the event
of circumstances arising in which the County Council, or the committee to which
emergency powers have been delegated, is unable to act.
To take all operational decisions necessary to secure the provision of services and/or the
discharge of statutory functions, including the power to enter into contracts, in accordance
with approved policies and Financial Regulations across the County Council.
In accordance with the Procedure for taking urgent decisions contained in Part 4.4(a) of
the Constitution to make any decision normally reserved to committee or another officer.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 2
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
CHIEF EXECUTIVE:
To hold to account Executive and Corporate Directors for the performance of their
departments.
To place items of business on agendas for formal member meetings.
Authority for the approval of pay, terms and conditions of service and training of
employees except for approving the annual Senior Officer Pay Policy Statement which is
reserved to the Full Council.
Authority to determine the number, grade, title and nature of staff employed within the
County Council.
ALL EXECUTIVE AND CORPORATE DIRECTORS:
1.
To make applications for planning permission in pursuance of Regulation 3 of the
Town and Country Planning General Regulations 1992.
2.
To incur expenditure in emergencies under Section 138 of the Local Government
Act 1972.
3.
To make all staff appointments below the level of Service or Corporate Director and
to determine the remuneration and conditions of service of each post within any
guidance or instructions issued by the LGSS: Director of HR and OD.
4.
To dispense with any provision of the Contract Regulations, but only in accordance
with the detailed requirements for Exemptions set out in the Procurement Rules
and/or Scheme of Financial Management up to a fixed sum (A7 below) or up to the
EU threshold, and in consultation with the relevant committee Chairman/woman and
Vice-Chairman/woman.
5.
To approve, with the agreement of the LGSS: Director of Finance, new revenue or
capital schemes by Trading Units at no net cost to the Council.
6.
To exercise corresponding powers and duties as already delegated to officers of the
Council within the Scheme of Delegation where these or similar powers and duties
are included in revised Acts, Orders or Regulations.
7.
To take all operational decisions necessary to secure the provision of services
and/or discharge of statutory functions, including the power to enter into contracts,
in accordance with approved policies and Financial Regulations or the purpose of
this Scheme of Delegation, this shall include the power to authorise the sealing of
contract documents including plans and schedules in the absence of specific
committee authority.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 3
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
ALL EXECUTIVE AND CORPORATE DIRECTORS:
8.
Authority to determine the number, grade, title and nature of staff within their
Directorate and all other terms and conditions.
Subject to budget and in consultation with the Director of People, Transformation
and Transactions.
9.
To hold officers to account for the performance of their service areas
10.
The following table identifies the finance limits of delegated powers that Full Council
has issued to all Executive and Corporate Directors for specific finance-related
decisions.
A1
A2
A3
A4
A5
A6
A7
Capital virement
Revenue virement (including operational savings)
Debt write-off
Loans to other persons or organisations
Property transaction - capital value
Property transaction - annual rental
Loans and expenditure from Funds
£
250,000
160,000
10,000
5,000
500,000
150,000
300,000
EXECUTIVE DIRECTOR: CHILDREN, FAMILIES AND ADULTS
The exercise of the responsibilities set out below is delegated by the County Council:
(a) To be the designated Director of Children Services in accordance with Section
18(1) of the Children’s Act 2004
(b) Taking all operational decisions necessary to secure the provision of services
and/or discharge of statutory functions, including the power to enter into contracts,
in accordance with the approved policies and Financial Procedure Rules in relation
to the following areas:
Adult Social Care
•
•
•
•
•
•
•
•
Safeguarding
Mental Health
Disability
Older People
Residential services
Day Services
IT systems
Partnership and Planning
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 4
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Children’s Social Care
•
•
•
•
•
•
•
•
Education
Special educational needs and disability
Safeguarding and protection
Children’s social care
Youth services
Early Years
IT systems
Partnership and Planning
(c) Approving school governor appointments for which the Council has responsibility
and reporting these decisions quarterly to the Children and Young People’s
Committee
(d) Holding officers to account for the performance of their service areas
EXECUTIVE DIRECTOR: ECONOMY, TRANSPORT AND ENVIRONMENT SERVICES
The exercise of the responsibilities set out below is delegated by the County Council:
(a) Taking all operational decisions necessary to secure the provision of services
and/or discharge of statutory functions, including the power to enter into contracts,
in accordance with the approved policies and Financial Procedure Rules in relation
to the following areas:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Major infrastructure Delivery
Waste Disposal
Growth and Economy
Transport and infrastructure Policy and Funding
Highway
Assets and Commissioning
Traffic and Road Safety
Policy Co-ordination
Trading Standards
Archaeology and Conservation
Strategic Planning
Adult Learning Services, Libraries, Archives and Information
Registration and Coroners Services
Planning
Cultural and Parking Services
(b) Holding officers to account for the performance of their service areas
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 5
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
DIRECTOR OF PUBLIC HEALTH
The exercise of the responsibilities set out below is delegated by the County Council:
Public Health Services
Responsible person for ensuring that the Council complies with
statutory requirements relating to complaints made to the Council
about its public health functions and, where necessary, action is taken
in light of the outcome of such complaints.
Delegated to:
Chief Executive
Part 4, Regulation 22(1)(a), The NHS Bodies and Local Authorities
(Partnership Arrangements, Care Trusts, Public Health and Local
Healthwatch) Regulations 2012.
Responsibility for preparing an annual report on the health of the
people of Cambridgeshire under Section 31, Health and Social Care
Act 2012.
Director of
Public Health
Responsibility for preparing an annual health protection report to the
Health and Wellbeing Board to cover a summary of relevant activity
and the multi-agency health protection plans in place, establish how
the various health protection responsibilities are discharged, and
identify their relationship to the Joint Strategic Needs Assessment and
Health and Wellbeing Strategy priorities.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to
improve the health of the people in the Council’s area under Section
30, Heath and Social Care Act 2012 and Section 2B, NHS Act 2006.
In exercising this duty, the steps that may be taken include:
a) providing information and advice;
b) providing services or facilities designed to promote healthy living
(whether by helping individuals to address behaviour that is
detrimental to health or in any other way);
c) providing services or facilities for the prevention, diagnosis or
treatment of illness;
d) providing financial incentives to encourage individuals to adopt
healthier lifestyles;
e) providing assistance (including financial assistance) to help
individuals to minimise any risks to health arising from their
accommodation or environment;
f) providing or participating in the provision of training for persons
working or seeking to work in the field of health improvement; and
g) making available the services of any person or any facilities.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties that
relate to planning for, or responding to, emergencies involving a risk to
public health. Under Section 30, Heath and Social Care Act 2012 and
Section 73A, NHS Act 2006.
Director of
Public Health
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 6
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Responsibility for exercising the Council’s powers and duties that
relate to arrangements for assessing etc risks posed by certain
offenders.
Delegated to:
Director of
Public Health
(Section 30, Heath and Social Care Act 2012. Section 325, Criminal
Justice Act 2003)
Power to conduct, commission or assist the conduct of research for
any purpose connected with the exercise of the Council’s functions in
relation to the health service and to obtain data, information or advice
from persons with professional expertise pursuant to conducting such
research.
Director of
Public Health
(Section 17, Heath and Social Care Act 2012. Section 5, NHS Act
2006.)
Power to discharge those functions of the Council arising from the
requirement that a licensing authority, when determining and
publishing a licensing statement pursuant to section 5(3)(bb)
(statement of licensing policy) of the Licensing Act 2003, must consult
an authority with responsibility for public health.
Director of
Public Health
(Section 5(3)(bb) (statement of licensing policy) of the Licensing Act
2003,)
In relation to the Licensing Act 2003:
• authority to make representations on behalf of the Council to a
licensing authority in relation to the determination of an application
for, or a variation or minor variation of, a premises licence.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the determination of an application
for a provisional statement.
• authority to make an application or representations on behalf of the
Council to a licensing authority for and/or in relation to the review of
a premises licence.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the summary review of a premises
licence.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the determination of an application
for, or a variation or minor variation of, a club premises certificate.
• authority to make an application or representations on behalf of the
Council to a licensing authority for and/or in relation to the review of
a club premises certificate.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the inspection of premises prior to
the grant of a club premises certificate.
• authority to make representations on behalf of the Council to a
Director of
Public Health
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 7
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
licensing authority in relation to the review of a club premises
licence following a closure order.
• authority to make representations on behalf of the Council to a
licensing authority in relation to the determination of an application
for an early morning alcohol restriction order.
Delegated to:
(Sections 18, 35 and 41B and Sections 31, 51, 52, 53, 53C, 72, 85,
86B, 87(d), 88, 89, 96, 167(e) and 172B(f) of the Licensing Act 2003)
Responsibility for exercising the Council’s powers and duties to
provide, or secure the provision of, oral health promotion programmes
to the extent that the Council considers appropriate.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to
provide, or secure the provision of oral health surveys to facilitate:
• The assessment and monitoring of oral health needs;
• The planning and evaluation of oral health promotion programmes;
• The planning and evaluation of the arrangements for the provision
of dental services as part of the health services; and
• Where there are water fluoridation programmes affecting
Cambridgeshire, the monitoring and reporting of the effect of water
fluoridation programmes.
(The NHS Bodies and Local Authorities (Partnership Arrangements,
Care Trusts, Public Health and Local Healthwatch) Regulations 2012
and Section 87 (1) of the Water Industry Act 1991.)
Responsibility for exercising the Council’s powers and duties to
Director of
respond to oral health surveys conducted or commissioned by the
Public Health
Secretary of State under paragraph 13(1) of Schedule 1 to the
National Health Service Act 2006 where the survey is conducted within
Cambridgeshire.
(The NHS Bodies and Local Authorities (Partnership Arrangements,
Care Trusts, Public Health and Local Healthwatch) Regulations 2012)
Responsibility for exercising the Council’s powers and duties relating
to the making of, and consultation on, water fluoridation proposals to
the Secretary of State.
(Section 36, Heath and Social Care Act 2012 and Section 88B, Water
Industry Act 1988)
Responsibility for exercising the Council’s powers and duties to
provide for the medical inspection at appropriate intervals of pupils in
attendance at schools maintained by the Council as local education
authority and for the medical treatment of such pupils.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 8
Director of
Public Health
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Delegated to:
Responsibility for exercising the Council’s powers and duties to
provide for the medical inspection or treatment of:
a) senior pupils in attendance at any educational establishment, other
than a school, which is maintained by the Council and at which
full-time further education is provided (subject to the prior
agreement of the governing body of the establishment); or
b) any child or young person who, in pursuance of section 19 or 319
of the Education Act 1996 (c. 56), is receiving primary or
secondary education otherwise than at a school.
Responsibility for exercising the Council’s powers and duties to
provide for the medical inspection or treatment of pupils in attendance
at any educational establishment which is not maintained by a local
education authority by arrangement with the proprietor of that
establishment.
(Section 17, Heath and Social Care Act 2012 and Section 5, NHS Act
2006.)
Responsibility for exercising the Council’s powers and duties to
provide for the weighing and measuring of pupils in attendance at any
school which is maintained by the authority and, by arrangement with
the proprietor, at any school which is not maintained by the Council.
Director of
Public Health
(Section 17, Heath and Social Care Act 2012, Section 5, NHS Act
2006. Part 2, Regulation 3 of The Local Authorities (Public Health
Functions and Entry to Premises by Local Healthwatch
Representatives) Regulations 2012 (DRAFT).)
Responsibility for exercising the Council’s powers and duties to
provide, or make arrangements for the provision of, health checks to
eligible persons within the Council’s area, pursuant to the
requirements set out in the legislation below.
Director of
Public Health
(Section 2B, National Health Service Act 2006.
Part 2, Regulations 4 and 5 of The Local Authorities (Public Health
Functions and Entry to Premises by Local Healthwatch
Representatives) Regulations 2012 (DRAFT).)
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 9
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Delegated to:
Responsibility for exercising the Council’s powers and duties to
Director of
provide, or make arrangements for the provision of, open access
Public Health
sexual health services within the Council’s area, including:
a) contraceptive services; and
b) services related to the prevention and treatment of sexually
transmitted infections.
pursuant to the requirements set out in the legislation referred to below
(Section 2B and Schedule 1 (para. 8), National Health Service Act
2006. Part 2, Regulation6 of The Local Authorities (Public Health
Functions and Entry to Premises by Local Healthwatch
Representatives) Regulations 2012 (DRAFT).)
Responsibility for exercising the Council’s powers and duties to
provide, or make arrangements for the provision of, a public health
advice service to any clinical commissioning group whose are falls
wholly or partly within the Council’s area.
Director of
Public Health
(Section 2A and 2B, National Health Service Act 2006.
Part 2, Regulation 7 of The Local Authorities (Public Health Functions
and Entry to Premises by Local Healthwatch Representatives)
Regulations 2012 (DRAFT).)
Responsibility for reviewing the range of matters to be covered by any
such public health advice service, having had regard to the needs of
the people in the Council’s area and in agreement with the clinical
commissioning group(s) to which the service is provided.
Director of
Public Health
(Section 2A and 2B, National Health Service Act 2006.
Part 2, Regulation 7 of The Local Authorities (Public Health Functions
and Entry to Premises by Local Healthwatch Representatives)
Regulations 2012 (DRAFT).)
Responsibility for exercising the Council’s powers and duties relating
to independent mental health advocate services.
Director of
Public Health
(Section 130, Mental Health Act 1983 and Section 43, Health and
Social Care Act 2012.)
Responsibility for exercising the Council’s powers and duties relating
to the provision of direct payments for healthcare.
(Section 12A, NHS Act 2006 and Schedule 4, Part 1, Health and
Social Care Act 2012.)
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 10
Director of
Public Health
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Responsibility for exercising the Council’s powers and duties relating
to independent mental capacity advocates.
Delegated to:
Director of
Public Health
(Section 35, Mental Capacity Act 2005 and Schedule 4, Part 1, Health
and Social Care Act 2012.)
Statutory functions of the Director of Public Health relating to
protecting the health of the local population
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to
provide information and advice to responsible persons and relevant
bodies within, or which exercise functions relating to, the Council’s
area, with a view to promoting the preparation of appropriate local
health protection arrangements.
(Section 2A and 2B, National Health Service Act 2006.
Part 2, Regulation 8 of The Local Authorities (Public Health Functions
and Entry to Premises by Local Healthwatch Representatives)
Regulations 2012 (DRAFT).)
Statutory functions of the Director of Public Health relating to
charges in respect of the Council’s functions under Section 2B of
the NHS Act 2006.
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to make
and recover charges in respect of:
a) providing information and advice;
b) providing services and facilities designed to promote healthy living;
c) providing or participating in the provision of training for persons
working or seeking to work in the field of health improvement; and
d) making available the services of any person or facilities.
Subject to the restrictions set out in the legislation referred to below
(Section 2B, National Health Service Act 2006 and Part 3, Regulation
9 of The Local Authorities (Public Health Functions and Entry to
Premises by Local Healthwatch Representatives) Regulations 2012
(DRAFT).
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
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The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Public Health Services
Statutory functions relating to joint working with the prison
service under Section 249 of the NHS Act 2006.
Delegated to:
Director of
Public Health
Responsibility for exercising the Council’s powers and duties to enter
into prescribed arrangements with the prison service insofar as those
arrangements relate to securing and maintaining the health of
prisoners.
(Section 249, National Health Service Act 2006 and Section 29, Health
and Social Care Act 2012.)
CORPORATE DIRECTOR: CUSTOMER SERVICE AND TRANSFORMATION
The exercise of the responsibilities set out below is delegated by the County Council:
(a) Taking all operational decisions necessary to secure the provision of services
and/or discharge of statutory functions, including the power to enter into contracts,
in accordance with the approved policies and Financial Procedure Rules in relation
to the following areas:
•
•
•
•
•
•
•
•
•
•
•
Business Transformation
Chief Executive’s Support team including support for Lord Lieutenant,
Chairman/woman and Director
Communications and Community Engagement
Customer Service Strategy, policy and operations
Digital Delivery
Emergency and Business Continuity Planning
Equality and Health and Safety (strategic lead)
Gypsies and Travellers (strategic lead)
Information Governance, Information Management and Records
Management
Military Covenant
Risk Management
(b) Holding officers to account for the performance of their service areas
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 12
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
The LGSS Joint Committee Scheme of Delegation - Shared Services and Delegated
Functions
1.
The Shared Services
1.1
Cambridgeshire County Council (CCC), Northamptonshire County Council (NCC) &
Milton Keynes Council (MKC):
• Finance;
• Internal Audit and Risk;
• Information Systems and Communication Technology;
• Procurement;
• Insurance;
• Democratic Services;
• Human Resources;
• Learning and Development;
• HR Transactions and Payroll;
• Financial Transactions – accounts payable, accounts receivable & financial
assessments;
• Enterprise Resource Planning (ERP) and business systems; and
• Business Support Service to schools.
1.2
Cambridgeshire County Council and Northamptonshire County Council:
• Pensions - Administering Authority and Employer;
• Property and Asset Management Service; and
• Legal Services.
1.3
Milton Keynes Council:
• Revenues and Benefits.
1.4
Client Authorities:
• See section 4.
2.
Delegation of Functions and Responsibilities
General Principles
2.1
The Councils each agree that the Shared Services listed above will be provided
under the auspices of the Joint Committee (LGSS) which shall be responsible for
the provision of the Shared Service under delegated authority from the Councils to
the Joint Committee, which is set out set out below at Section 6.1 in respect of all of
the Councils, at Section 6.2 in respect of CCC and NCC only, at Section 6.3 in
respect of CCC only, at Section 6.4 in respect of NCC only and at Section 6.5 in
respect of MKC only. These delegations are subject to the conditions, limitations
and the specific reservations, set out below.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 13
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
2.2
In order to facilitate the efficient and effective conduct of the Shared Services, the
Joint Committee shall delegate certain functions and responsibilities to the LGSS
Managing Director and to the LGSS Service Directors. The LGSS Managing
Director and the LGSS Service Directors, where they consider it necessary, may
sub-delegate to officers within their respective service Directorates. Such
delegations must be made in writing and must be available for inspection by the
Monitoring Officers and Section151 Officers of the Councils.
2.3
Where an Officer listed in this scheme of Delegation is absent for any period, the
LGSS Managing Director may nominate in writing another officer to act in his/her
place during his/her absence and shall make a record of all such nominations.
Without prejudice to the generality of the above and to any specific delegation listed
below, the officers listed in this section are authorised to exercise the following
functions of the Council, the Leader and the Head of Paid Service, which relate to
their area of responsibility.
Conditions Relating to the Exercise of Delegated Authority
2.4
The exercise of functions delegated to officers under this scheme must comply with:
i)
any legal requirement or restriction
ii)
the relevant Council's Constitution
iii)
the relevant Council's policy framework and any other plans and strategies
approved by the relevant Cabinet or Full Council/relevant Committee
iv)
the relevant in-year budget
v)
the relevant officers code of conduct
vi)
relevant Procurement standing orders and financial regulations
vii)
all other relevant policies, procedures, protocols and provisions.
Limitations to the Exercise of Delegated Powers
2.5
Officers in the exercise of functions delegated by this scheme may not:
i)
make Key Decisions as defined in the relevant Council's Constitution, unless
where specifically provided for by that Council’s constitution;
ii)
change or contravene policies or strategies approved by the
Council/Committee (in the case of CCC) or the Council/Cabinet (in the case
of MKC or NCC) in the absence of specific delegated authority to do so;
iii)
create or approve new policies or strategies, in the absence of specific
delegated authority to do so;
iv)
take decisions to withdraw public services, in the absence of specific
delegated authority to do so;
v)
take decisions to significantly modify public services without consulting the
appropriate Cabinet Member (in the case of MKC and NCC) or Full
Council/Committee Chairman/woman (in the case of CCC) before exercising
the delegated power.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 14
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Consultation
2.6
Where an officer takes a decision under delegated authority on a matter which has
significant policy, service or operational implications or is known to be politically
sensitive, the officer shall first consult with the appropriate Cabinet Member (MKC
or NCC) or Committee Chairman/woman (or in his/her absence the ViceChairman/woman) (CCC) before exercising the delegated powers. When
exercising delegated powers, officers shall ensure that local Members are kept
informed of matters affecting their divisions or wards.
3.
Specific Delegations
The delegations are listed as follows:
• Section 6.1 – All authorities (CCC, NCC and MKC);
• Section 6.2 – CCC and NCC only;
• Section 6.3 – CCC only;
• Section 6.4 – NCC only; and
• Section 6.5 – MKC only.
and in the following order:
• Not delegated;
• Delegated to Chief Executives;
• Delegated to all LGSS Directors;
• Delegated to LGSS Managing Director;
• Delegated to Specific LGSS Directors; and
• Delegated to Monitoring Officer and Chief Finance Officer.
4.
Powers and Duties delegated by client authorities
4.1
The LGSS Joint Committee shall be responsible for the provision of shared services
under delegated authority from the councils concerned to the Joint Committee. The
nature of services provided and the conditions, limitations and the specific
reservations which apply are set out below. Where a council has delegated
authority to the LGSS Joint Committee, those powers and duties shall be set out
either generally or specifically in that council’s constitution or scheme of delegation.
4.2
Under the auspices of the Partnership and Delegation Agreements in place
between the client authorities and the Delegation and Joint Committee Agreement
between Cambridgeshire County Council, Northamptonshire County Council and
Milton Keynes Council (LGSS) and by virtue of Sections 101, 112 and 113 of the
Local Government Act 1972, officers of the aforementioned authorities are
authorised to undertake any and all of the specified functions on behalf of the client
authorities.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 15
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
5.
Financial Limitations
The following table sets out the financial limits of powers delegated to the LGSS
Joint Committee and directors:
Limits of powers delegated to the LGSS Joint
Committee
Key decision threshold
Issuing orders for goods and services
Capital virement
Revenue virement
Loans to people or organisations
Loans and expenditure of client funds
Property transactions, capital value
Property transactions, Revenue value
Debt write off
£
500k (CCC, NCC) 100k (MKC)
Unlimited (CCC), 500k (NCC, MKC)
250k (CCC), 100k (NCC), N/A (MKC)
160k (CCC), 100k (NCC), N/A (MKC)*
5k (CCC), N/A (NCC)**, N/A (MKC)**
300k (CCC), N/A (NCC), N/A (MKC)
500k (CCC), 100k (NCC), N/A (MKC)
150k (CCC), 100k (CCC), N/A (MKC)
25k (CCC), N/A (NCC), 20k (MKC)
* Revenue Virements reserved to Chief Finance Officer at MKC, in accordance with
the Financial Scheme of Delegation
**Power to make loans reserved to Chief Finance Officer at NCC and MKC
Exceptions: decisions relating to the management of services and resources where the
matter is likely to lead to controversy or have an impact beyond that considered usual for a
managerial decision. These decisions must be referred back to the Cabinet (MKC, NCC)
or the relevant Service Committee (CCC).
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 16
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegations from all authorities
Delegation to LGSS Joint Committee General
To have overall responsibility for the
provision, to the Councils, of the Shared
Services.
Delegation to
Officer
None
Condition
To consider and approve the annual report
for LGSS.
To consider and approve the annual service
plan for each Shared Service and make
recommendations to the Councils as to the
provision of financial and other resources.
To instigate and undertake the selection,
recruitment and appointment to the post of
LGSS Managing Director.
None
None
In accordance with any
protocol agreed by the
Joint Committee and in
consultation with the
LGSS Director
responsible for Human
Resources or their
nominee and the Chief
Executives of the
Partner Authorities.
Delegation to LGSS Joint Committee General
In respect of the LGSS Managing Director to:
a)
instigate disciplinary and capability
investigations and proceedings and to
take action up to and including
dismissal, and
b)
implement all other relevant HR
policies and exercise any associated
decision-making powers.
Delegation to
Officer
Chief Executive
Condition
In accordance with all
relevant financial,
accounting,
constitutional and legal
requirements
None
Where the authority
concerned is the
employing authority for
LGSS Managing
Director and in
consultation with the
LGSS Director
responsible for Human
Resources or their
nominee and in
accordance with the
relevant councils HR
policies and procedures.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 17
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to LGSS Joint Committee General
LGSS Directors have responsibility for the
operational management of the Shared
Services, including authority to determine the
number, grade, title and nature of staff
deployed and all other terms and conditions,
in addition to ensuring their proper
management within the remit of those
services for which they are allocated
responsibility by the LGSS Managing
Director.
Delegation to
Officer
LGSS Managing
Director for all
Shared
Services.
Condition
Delegation to LGSS Joint Committee General
To arrange for and undertake the recruitment
and appoint to, the posts of LGSS Directors.
Delegation to
Condition
Officer
LGSS Managing In consultation with the
Director
LGSS Director
responsible for Human
Resources or their
nominee and in
accordance with the
relevant Council’s HR
policies and
procedures.
Subject to budget and in
accordance with the
relevant Council's
policies and procedures
and in consultation with
All LGSS
the LGSS Director
Directors in
responsible for Human
respect of the
Resources or their
services within
nominee and in
accordance with the
their remit.
relevant Council’s HR
policies and procedures.
To arrange for and undertake the recruitment LGSS Managing In consultation with the
and appoint of all relevant employees with
Director and/or
LGSS Director
the exception of the LGSS Managing Director LGSS Directors. responsible for Human
and LGSS Service Directors.
Resources or their
nominee and in
accordance with the
relevant Council’s HR
policies and procedures.
In respect of Relevant Employees other than LGSS Managing In consultation with the
the LGSS Managing Director and LGSS
Director and
LGSS Director
LGSS Directors responsible for Human
Directors, to:
(in relation to
Resources or their
a)
instigate disciplinary and capability
investigations and proceedings and to posts within
nominee and in
take action up to and including
their
accordance with the
dismissal, and
Directorate).
relevant Council’s HR
b)
implement all other relevant HR
policies and procedures.
policies and exercise any associated
decision-making powers.
To invite tenders and to enter into contracts
LGSS Managing In accordance with
In respect of goods or services directly
Director and/or
relevant procurement
relating to the provision of the Shared
LGSS Directors. standing orders and any
Services.
financial limits in place.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 18
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to LGSS Joint Committee General
In respect of the LGSS Directors, to
a)
instigate disciplinary and capability
investigations and proceedings and to
take action up to and including
dismissal and appeal, and
b)
implement all other relevant HR
policies and exercise any associated
decision-making powers.
Delegation to
Condition
Officer
LGSS Managing In consultation with the
Director
LGSS Director
responsible for Human
Resources or their
nominee and in
accordance with the
relevant Council’s HR
policies and procedures
and subject to the
provisions of the Local
Authority (Standing
Orders) Regulations.
Delegation to LGSS Joint Committee –
Finance Services
Authority for management of Finance
Services.
Delegation to
Officer
LGSS Director
responsible for
Finance
Condition
Subject to budget and
in accordance with the
relevant Council's
policies and
procedures.
Specific Reservations
The Delegated functions relating to Finance do not include the following Reserved
Functions:
• approving financial strategies and plans on behalf of the councils;
• approval of corporate plans on behalf of the councils;
• approving schemes for the use of (non-LGSS) earmarked reserves or
contingency provision;
• approval of the annual statement of accounts on behalf of the councils;
• approval of renewal terms for insurances; and
• approval of Financial Procedure Rules, Standing Orders and Procedures.
Delegation to LGSS Joint Committee –
Internal Audit and Risk Management
Authority for management of Internal Audit
and Risk Management Services.
Delegation to
Officer
LGSS Director
responsible for
Internal Audit
and Risk
Condition
In accordance with the
Audit and Accounts
Regulations 2003 or
any successor
legislation. Subject to
budget and in
accordance with the
relevant Council's
policies and
procedures.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 19
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to LGSS Joint Committee –
Internal Audit and Risk Management
To maintain an adequate and effective
system of internal audit of the accounting
records and control systems in accordance
with proper internal audit practices and be
authorised to visit all establishments and
have access to all documents, other records,
computer systems and property and to
require relevant information or explanation
from any officer in connection with the above.
Delegation to
Officer
LGSS Director
responsible for
Internal Audit
and Risk
Condition
Specific Reservations
The Delegated Functions relating to Internal Audit and Risk Management do not include
the following Reserved Functions:
• Approval of each authority’s Annual Governance Statement
Delegation to LGSS Joint Committee –
Insurance
Authority for management of Insurance
Services.
Delegation to
Officer
LGSS Director
responsible for
Insurance
Condition
Subject to budget and
in accordance with the
relevant Council's
policies and procedures
and any relevant
legislation.
Specific Reservations
The Delegated Functions relating to Insurance do not include the following Reserved
Functions:
• Policy and strategy decisions on Insurance and decisions which fall outside of the
principles of decision making set out in Article 12 (CCC) and Article 14 (MKC and NCC)
of the relevant authority’s constitution.
Delegation to LGSS Joint Committee - IT
Authority for management of IT Services.
Strategic and operational accountabilities
for management of Information Technology
development and systems administration.
Responsibility for the security of information
technology and infrastructure.
Delegation to
Officer
LGSS Director
responsible for
IT
LGSS Director
responsible for
IT
LGSS Director
responsible for
IT
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 20
Condition
Subject to budget and in
accordance with the
relevant Council's
policies and
procedures.
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Specific Reservations
The Delegated Functions relating to IT do not include the following Reserved Function:
• Approval of IT Strategy and Policies where these are under the remit of the Cabinet
(MKC and NCC) or Service Committee concerned (CCC).
Delegation to LGSS Joint Committee Procurement
Authority for management of procurement
services.
Delegation to
Officer
LGSS Director
responsible for
Procurement
Condition
Subject to budget and in
accordance with the
relevant Council's
policies and
procedures.
Specific Reservations
The Delegated Functions relating to Procurement do not include the following Reserved
Function:
• approval of the contract procedure rules and schemes of delegation relating to any
Council’s procurement activity.
Delegation to LGSS Joint Committee –
Democratic & Members’ Services
Authority for management of Democratic &
Members’ Services.
•
Delegation to
Officer
LGSS Director
responsible for
LGSS Law
Condition
Subject to budget and
in accordance with the
relevant Council's
policies and
procedures.
Reservation on changes to the constitution and other matters which must be
approved by Cabinet/ Council
Delegation to LGSS Joint Committee Human Resources, Learning and
Development and Transactional Services
Authority for management of Human
Resources, Learning and Development, HR
and Finance Transactions and Payroll
To co-ordinate the Council’s response to
national consultations on terms and
conditions of employment, in consultation
with the relevant Cabinet Member or
Committee Chairman/woman (or in his/her
absence the Vice-Chairman/woman)
Delegation to
Officer
Condition
LGSS Director
responsible for
Human
Resources
LGSS Director
responsible for
Payroll and
Finance
Transactions
LGSS Director
responsible for
Human
Resources
Subject to budget and
in accordance with the
relevant Council's
policies and
procedures.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 21
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to LGSS Joint Committee Human Resources, Learning and
Development and Transactional Services
To implement national and local pay awards/
changes to terms and conditions of
employment for employees.
To negotiate recognition agreements and
local agreements with the trade unions on
behalf of the councils, in consultation with the
relevant Cabinet Member or Committee
Chairman/woman (or in his/her absence the
Vice-Chairman/woman)
To consult and negotiate agreements and
local agreements with the trade unions on
behalf of all 3 shareholding councils through
the LGSS Joint Consultation Forum for all
staff working for services under the remit of
the LGSS Joint Committee. Full delegation
to consult and negotiate on changes to local
agreements, protocols, changes to LGSS
structures and roles across all LGSS
employees irrespective of which their
employing council is. In the event of a
dispute this would be referred to the LGSS
Joint Committee. Any proposed changes to
terms and conditions of employment affecting
all LGSS staff would be routed back to each
Council’s local consultation forums
To co-ordinate the Council’s response to
retention/recruitment problems within the
agreed financial and policy framework, in
consultation with the relevant Cabinet
Member or Committee Chairman/woman (or
in his/her absence the ViceChairman/woman)
To advise the Chief Executive on the
Council’s response to any industrial action
affecting Council services, in consultation
with the relevant Cabinet Member or
Committee Chairman/woman (or in his/her
absence the Vice-Chairman/woman)), so that
he/she can determine the Council’s
response.
To mediate on individual cases or collective
disputes to attempt to resolve issues before
they are referred to members either at appeal
or via the collective disputes procedure
Delegation to
Officer
LGSS Director
responsible for
Human
Resources
LGSS Director
responsible for
Human
Resources
LGSS Director
responsible for
Human
Resources
LGSS Director
responsible for
Human
Resources
LGSS Director
responsible for
Human
Resources
LGSS Director
responsible for
Human
Resources
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 22
Condition
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Specific Reservations
The Delegated Functions relating to Human Resources do not include the following
Reserved Functions:
• appointment of Officers other than Relevant Employees
• decision making on disciplinary, grievance, dismissal and appeals against
dismissal, relating to Officers other than Relevant Employees
• decision making on disciplinary, grievance, dismissal and appeals against dismissal
for the Head of Paid Service and Chief Officers of the Councils.
6.1
Delegations from CCC and NCC only
Delegation to LGSS Joint Committee Pensions
Authority for management of Pensions
Services.
Delegation to
Officer
LGSS Director
responsible for
Pensions
Condition
Delegation to LGSS Joint Committee –
Property Services
Authority for management of Property
Services.
Delegation to
Officer
LGSS Director
responsible for
Property
Services
Condition
Subject to budget and in
accordance with the
relevant Council's
policies and
procedures.
Subject to budget and in
accordance with the
relevant Council's
policies and
procedures.
Specific Reservations
The Delegated Functions relating to Property do not include the following Reserved
Function:
• approval of the Property strategies and policies.
Delegation to LGSS Joint Committee –
Legal Services
Authority for management of Legal Services.
Delegation to
Officer
LGSS Director
responsible for
LGSS Law
Obtaining information or serving statutory
notices to ascertain the legal interest of any
person in land.
To authorise the institution, defence,
withdrawal, compromise or any other action
relating to claims or legal proceedings at
common law or under any enactment,
statutory instrument, order or bylaw
conferring functions upon the authorities or in
respect of functions undertaken by the
authorities.
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
Condition
Subject to budget & in
accordance with the
relevant Council's
policies & procedures.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 23
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to LGSS Joint Committee –
Legal Services
To authorise officers to prosecute or defend
or appear in any legal proceedings by virtue
of the provisions of Section 223 of the Local
Government Act 1972.
To affix the common seal to all documents
necessary to bring into effect decisions of the
Councils or any Committee, Sub-Committee
or officer in pursuance of powers delegated
by or on behalf of the Council.
6.2
Condition
LGSS Director
responsible for
LGSS Law
Delegations from CCC only
Delegation to JC from CCC – Legal
Services
To make applications for the grant of Letters
of Administration for the use and benefit of
children in the care of CCC.
To determine whether an application for
planning permission is required for CCC
Matters (Minerals and Waste); and to
determine whether planning permission is
required in respect of development to be
carried out by CCC.
6.3
Delegation to
Officer
LGSS Director
responsible for
LGSS Law
Delegation to
Officer
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
Condition
Delegation to
Officer
LGSS Director
responsible for
LGSS Law
Condition
Delegations from NCC only
Delegation to JC from NCC – Legal
Services
Confirming orders if no objections are
received to proposals for the stopping up or
diversion of public footpaths and bridleways
to enable development to take place
following the granting of planning permission.
Affixing NCC’s seal to agreements where
developers or landowners propose to provide
or make contributions to the provision of
education or other facilities required as a
result of the proposed development.
Determining appeals by firefighters.
Acting as the Appointed Person under the
Local Government Pension Scheme
Regulations 1997.
Discharging the Council’s functions under
the Data Protection Act 1998, Freedom of
Information Act 2000 and regulations made
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 24
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC – Legal
Services
thereunder and under the Environmental
Information Regulations 2004 and under all
associated legislation
Power to authorise the instigation of a formal
complaint or similar, with regards to any
individual or organisation to a professional
body.
To make representations in the name of the
Council in the interests of the inhabitants of
Northamptonshire at any public inquiry held
by or on behalf of any minister or public body
under any enactment.
Power, on behalf of the Council:
(i) To prepare all contracts, leases and
agreements affecting NCC land or property
and in any case where the LGSS Director
responsible for LGSS Law considers it
necessary a formal contract for the supply of
goods and materials, the provision of
services or the execution of works;
(ii) To enter into any agreement or deed
granting any wayleave or easement or similar
right over or appurtenant to any property of
NCC;
(iii) To attest the affixing of NCC’s seal in
circumstances where this is required;
(iv) To approve the form of agreements under
hand relating to matters of ordinary
administration;
(v) To enter into all legal documents other
than those under seal and those to which the
above item (iv) bullet point applies.
Instituting and conducting on behalf of NCC
proceedings for offences under the
provisions of the Safety of Sports Grounds
Act 1975 in consultation with the Chief Fire
Officer.
Conveying to the appropriate trustees the
sites and buildings of any voluntary school.
In consultation with the Director for Adult
Social Services, recovering charges due to
the Council under Part III of the National
Assistance Act 1948 from a person in
residential accommodation or third parties
liable for the charges under the Health and
Social Security Adjudications Act 1983 and to
create a charge on the land of the resident
Delegation to
Officer
Condition
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 25
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC – Legal
Services
pursuant to the last mentioned Act and to
enter into or discharge any Agreement or
Deed with the resident or an interested third
party relating to the recovery of the charges.
In consultation with the Director for Adult
Social Services, giving a discharge or
postponement of any Legal Charge in NCC's
favour on property the subject of a grant for
adaptation works under the Chronically Sick
and Disabled Persons Act 1970.
Determining applications for NCC
development of land or buildings under The
Town and Country Planning General
Regulations 1992. Any application to which
the Director considers objections should be
raised to be referred to the Development
Control Committee for determination.
Carrying out the Council’s powers and duties
concerning the giving of directions to persons
residing unlawfully in vehicles on land without
consent to remove their vehicles on pain of
prosecution and authority to enter into
arrangements with neighbouring local
authorities under Section 101 of the Local
Government Act 1972, in this respect when
such action is considered to be expedient.
Agreeing appointments to the
Northamptonshire Valuation Tribunal on
behalf of the Council.
Power to execute transfers of land and
other property and any documents ancillary
to the transfer of staff where those
documents are required to be made under
the following enactments: The School
Standards and Framework Act 1998, The
Education Act 2002 and The Academies
Act 2010.
Power to affix the Council’s seal to any
document necessary as a result of a
scheme made under Schedule 2 of the
Courts Act 2003 for the transfer of property
used by Magistrates Courts
Delegation to
Officer
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 26
Condition
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC – Finance
Services
To determine and implement arrangements
for Treasury Management in accordance
with the (CIPFA) Treasury Management in
the Public Services Code of Practice,
NCC’s approved Treasury Management
Policy Statement and Treasury
Management and Investment Strategy,
Financial Procedure Rules and any other
arrangements approved by NCC, including
appointment of investment advisors.
To be responsible for authorising and
operating NCC’s banking arrangements
including determining arrangements for the
signing and security of cheques and the
operation of the BACS, CHAPS and Direct
Debit processes.
To commission investigations and reports,
where appropriate, in support of NCC’s
Anti-Fraud Policy and financial governance
arrangements.
To ensure NCC pays its creditors and
recovers its debts in line with agreed policies
and to write off bad or irrecoverable debts or
deficiencies in accordance with agreed
policies.
To implement national and local pay awards
and increase payments under the Pension
Increase Acts.
In consultation with relevant Chief Officer,
to approve the early retirement of staff who
are subject to the Local Government
Superannuation Regulations.
To make finance lease arrangements.
To manage the deployment of NCC’s
revenue and capital resources including any
resources allocated for joint working.
To represent and act on behalf of NCC in
connection with bankruptcies including
meetings of creditors.
Approval of supplementary estimates of
expenditure in the case of emergencies or
disasters affecting Northamptonshire.
Providing financial information to the media
and members of the public.
Delegation to
Officer
LGSS Director
responsible for
Finance
Condition
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 27
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC – Finance
Services
Power to deal with all insurance cover and
the settlement of claims.
Power to maintain NCC’s responsibility for
maintaining the Local Government Pension
Scheme Regulations 1997, and any
subsequent amending regulations, including
the exercise of the Administering Authority’s
discretion and to make arrangements for the
monitoring of the Pension Fund investments.
Power to approve the acquisition of land and
buildings and interests in land and buildings
where the consideration is less than £500k.
Power to declare land and buildings surplus
to requirements, to authorise the demolition
of buildings and to authorise the disposal of
land and buildings and interests in land and
buildings where the consideration is no
greater than £500,000
The entering into of leases, easements,
licences and wayleaves in respect to real
property where annual consideration is less
than £25,000 and/or the duration of the
agreement does not exceed 10 years.
The surrender of leases, easements, licenses
and wayleaves in respect to real property.
The imposition and acceptance of the benefit
of restrictive covenants in respect to the
Council’s real property and any modifications
or discharge of such restrictive covenants.
The grant or acceptance of grant of
assignment, under-lease or sub-lease of
leases of real property.
Power to dispose of land and/or buildings to
a utility company or similar statutory body
where the land and/or buildings are required
for the exercise of the statutory function of
the utility company or similar statutory body,
following consultation with the relevant
Cabinet Member.
Power to grant a lease or licence of land
and/or buildings to a utility company or
similar statutory body where such a licence is
required for the exercise of the statutory
functions of the utility company or similar
body, following consultation with the relevant
Delegation to
Officer
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 28
Condition
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC – Finance
Services
Cabinet Member.
To authorise the granting of a lease or
licence over land and/or buildings on
concessionary terms for a period not
exceeding 10 years to charitable and not for
profit organisations.
To authorise the appropriation of land and
buildings between directorates for statutory
purposes.
To negotiate and authorise revised rents or
fees for existing leases, easements,
wayleaves and licences at review dates in
accordance with existing provisions within
the lease, easement, licence and wayleaves
Agreeing compensation payable in respect
of tenant’s improvements in accordance
with compensation provisions of leases and
licences
Agreeing settlement of claims for
disturbance under Part 1 of the Land
Compensation Act 1973 or under any other
statutory compensation provisions where no
land is being acquired from the claimant
Leasing or granting a licence for the
occupation of properties acquired in
advance of requirements
To serve notice on riparian
owners/occupiers to carry out land drainage
work
To authorise the acquisition of land and
buildings where such land and buildings are
the subject of a valid blight notice
To make applications for planning
permission and listed building consent on
behalf of the Council to the Council or other
statutory planning bodies
6.4
Delegation to
Officer
Condition
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
Delegations from Milton Keynes Council
Delegation to JC from MKC – Revenues
and Benefits Services
Authority for management of Revenues and
Benefits Services.
Delegation to
Officer
LGSS MKC
Corporate
Resources
Director
Condition
Subject to the
Council’s policies and
procedures
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 29
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Specific Reservations
The Delegated Functions relating to Revenues and Benefits from Milton Keynes Council
do not include the following Reserved Function:
• The approval of the Council Tax base, Business rates baseline, Local Welfare
Reform Policy and Local Council Tax reduction Policy.
6.5
Monitoring Officer and Chief Financial Officer Delegations
Each authority is responsible for assigning the roles of Monitoring Officer and Chief
Financial Officer to specific posts within their structures. These roles may be designated
to LGSS officers but this need not be the case. For this reason, the powers and duties
associated with these roles have been separated from those allocated to LGSS Officer.
The posts to which these roles are designated are set out in each authority’s articles.
Monitoring Officer - Cambridgeshire County Council
Power or Duty
To make such amendments to the CCC
Constitution and related Documents, as may
from time to time become necessary to
reflect and take account of changes in
legislation, guidance, Council Policy,
decisions of the Council and any drafting
changes or improvements. This shall not
include any changes of substance.
To act as the Proper Officer for the purposes
of the Local Government Act 2000 and
regulations made there under, except where
legislation or the Scheme of Delegation
names another officer.
In cases of dispute, to decide upon a
Member's "need to know".
To agree procedures for the conduct of all
appeals heard by the CCC Service Appeals
Sub-Committee.
To agree procedures for the conduct of CCC
Education Admission and Exclusion Appeals
and the selection and appointment of
members to CCC appeals panels.
Delegation to
Officer
Monitoring
Officer (CCC)
Condition
In consultation with
Group Leaders. Not to
be exercised if any
Group Leader objects to
the proposed change.
Monitoring
Officer (CCC)
Monitoring
Officer (CCC)
Monitoring
Officer (CCC)
Monitoring
Officer (CCC)
Monitoring Officer - Northamptonshire County Council
Please refer to the relevant section of Northamptonshire County Council’s constitution for
details of the powers and duties of the Monitoring Officer (NCC)
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 30
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Monitoring Officer – Milton Keynes Council
Please refer to the relevant section of Milton Keynes Council’s constitution for details of
the powers and duties of the Monitoring Officer (MKC)
Chief Financial Officer - Cambridgeshire County Council
Delegation to JC from CCC – Finance
Services
Authority to approve any changes to the
Scheme of Financial Management as may be
necessary from time to time to reflect and
take account of changes in legislation,
guidance, Council policy, decisions of the
Council and any drafting changes or
improvements. This shall not include any
changes of substance.
Delegation to
Officer
Chief Finance
Officer/Section
151 Officer
(CCC)
The management of trust funds on behalf of
CCC.
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
The Treasury Management function including
the management of debt and the borrowing
and investment of money (excluding the
Superannuation Fund).
Approval of CCC’s banking facilities;
arrangements for the signing and security of
cheques, etc.
Capital financing determinations under the
Local Government and Housing Act 1989
where these may be made by an officer.
Approval of supplementary estimates of
expenditure under Section 138 of the Local
Government Act 1972 (emergencies or
disasters affecting.
To approve any detailed schemes of local
financial management.
To approve the implementation of local
financial systems.
To write off bad or irrecoverable debts or
deficiencies relating to stores or property up
Condition
In consultation with the
Chairman/woman of the
General Purposes
Committee. Not to be
exercised if the
Chairman/woman of the
General Purposes
Committee objects to
the proposed change.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 31
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC – Finance
Services
to a maximum amount set out in the
Council’s constitution or unlimited if the
debtor is bankrupt/insolvent; unable to be
traced; in prison and has no means to pay;
or there is no, or uncertain liability.
To make loans in furtherance of service
objectives to other persons or organisations
up to a maximum amount set out in the
Council’s constitution.
To approve loans and expenditure financed
from the Invest to Transform Fund,
Partnership Fund, Capital Financing Fund
and Environmental Fund subject to certain
financial limits set out in the Council’s
constitution.
To determine requests for CCC to act as
co-guarantor for leases held by voluntary
organisations and charities, in consultation
with the appropriate Committee
Chairman/woman (or in his/her absence the
Vice-Chairman/woman).
To authorise, in consultation with the
Executive Director: Children, Families and
Adults, schools to plan for a deficit budget
to finance exceptional purchases/ projects.
To review and increase financial limits on
an annual basis, taking account of inflation,
subject to consultation with the relevant
portfolio holder.
To sign off grant claims.
Delegation to
Officer
151 Officer
(CCC)
Delegation to JC from CCC - Pensions
Delegation to
Officer
Chief Finance
Officer/Section
151 Officer
(CCC)
To determine all future applications to join
CCC's superannuation fund as an admitted
body after consultation with the
Chairman/woman of the Pension Fund
Board.
To determine any applications to CCC for
recommencement of the payment of a
widow’s pension.
To determine future applications to CCC for
the early payment of deferred pension rights.
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 32
Condition
Condition
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from CCC - Pensions
To exercise the discretion as to whom any
lump sum death grant should be paid out
from the CCC Pension Fund.
Detailed implementation of the investment
strategy as determined by the Pension Fund
Board and the issuing of any instructions to
investment managers consistent with the
strategy or required as a matter of urgency to
safeguard CCC's position.
To agree any ‘whole fund’ parameters and
assumptions used by the Actuary for the
triennial fund valuation and the phasing of
any changes to employer contribution rates
after consultation with the Chairman/woman
of the Pension Fund Board.
Delegation to
Officer
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Finance
Officer/Section
151 Officer
(CCC)
Condition
Chief Finance
Officer/Section
151 Officer
(CCC)
Chief Financial Officer - Northamptonshire County Council
Delegation to JC from NCC
To exercise the proper administration of the
Council’s financial affairs under Section 151
of the Local Government Act 1972, and all
other relevant legislation and regulations.
To be responsible for ensuring that proper
accounts and records are maintained in line
with relevant legislation, accounting
standards and CIPFA’s Statement of
Recommended Practice (SORP); and that
signed and approved accounts are
completed and published
To review and approve detailed operational
financial procedures and ensure these
implement the Council’s Financial Procedure
Rules
To ensure that the financial management of
the Council is adequate and effective and
that the following arrangements are in place:1. a sound system of internal control;
2. arrangements for the management of risk
3. arrangements as are appropriate to
mitigate the potential financial impact on the
Council of assessed risks.
Delegation to
Officer
Chief Finance
Officer/Section
151 Officer
(NCC)
Chief Finance
Officer/Section
151 Officer
(NCC)
Condition
Chief Finance
Officer/Section
151 Officer
(NCC)
Chief Finance
Officer/Section
151 Officer
(NCC)
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 33
The Constitution
Part 3D - Responsibility for Functions
Scheme of Delegation to Officers
Delegation to JC from NCC
To ensure that the Council has sufficient
reserves and operating capital to effectively
discharge its responsibilities and meet its
objectives.
Contributing to the corporate management of
the Council in particular through the provision
of professional financial advice and ensuring
lawfulness and prudence of decision-making.
Providing advice on the scope of powers and
authority to take decisions,
maladministration, financial impropriety,
probity and budget and policy framework
issues to all councillors and to support and
advise councillors and officers in their
respective roles.
To nominate an officer to undertake all the
decision making powers of the Chief Finance
Officer in his absence – The Deputy Chief
Finance Officer. In the absence of the Chief
Finance Officer all decision making powers of
the Chief Finance Officer shall be the
responsibility of the Deputy Chief Finance
Officer.
Power to make loans to banks, financial
institutions and other organisations in
accordance with the Treasury Management
Strategy and Financial Procedure Rules.
Delegation to
Officer
Chief Finance
Officer/Section
151 Officer
(NCC)
Chief Finance
Officer/Section
151 Officer
(NCC)
Chief Finance
Officer/Section
151 Officer
(NCC)
Condition
Chief Finance
Officer/Section
151 Officer
(NCC)
Chief Finance
Officer/Section
151 Officer
(NCC)
Chief Financial Officer – Milton Keynes Council
This responsibility is retained by Milton Keynes Council. Please refer to the relevant
section of Milton Keynes Council’s constitution for details of the powers and duties of the
Chief Financial Officer.
Part 3D – Scheme of Delegation to Officers [effective from 22nd March 2016]
3D, page 34
The Constitution
Part 3E - Responsibility for Functions
Shareholder Rights in LGSS Law Ltd
Part 3E – DELEGATION AND EXERCISE OF SHAREHOLDER RIGHTS IN
LGSS LAW LTD
1. Introduction
LGSS Law Ltd is a company jointly owned by Northamptonshire County Council (NCC)
and Cambridgeshire County Council (CCC) which was established by the two councils to
provide legal services to the owner councils and to other organisations within the public
and not for profit sectors.
NCC and CCC each owns 50% of the shares in LGSS Law Ltd.
2. Shareholder rights
This Council nominates as its shareholder representative the Council’s Monitoring Officer,
who shall exercise the delegated authority in consultation with the elected member for the
time being holding the post of Chairman/woman (or Vice-Chairman/woman) of the LGSS
Joint Committee.
The Council delegates to that Officer all and any rights associated with the ownership of
the shares and authorises that Officer to exercise those rights subject to the following
conditions and reservations:
i) The Monitoring Officer shall at all times exercise the delegated rights in
accordance with the ten Solicitors Regulation Authority (SRA) Principles and
Code of Conduct. If in doubt as to the requirements of the SRA Principles and
Code of Conduct, the Officer shall take appropriate independent legal advice
before exercising the delegated authority.
ii) The Monitoring Officer shall exercise the delegated authority under this provision
in accordance with the Code of Conduct for Officers and elected members of
NCC/CCC and with all other relevant policies to the extent that those do not
conflict with the SRA Code of Conduct and in circumstances where a conflict
between the SRA Code of Conduct and any other Code shall arise, the SRA
Code of Conduct shall take precedence.
In the event that the Chairman/woman or Vice-Chairman/woman of the LGSS Joint
Committee is unable for any reason to take up the role of Consultee Member for their
council, the Joint Committee is authorised to nominate another elected member of the
same council to undertake that role.
Part 3D – Shareholder Rights in LGSS Law Ltd [effective from 24th March 2015]
3E, page 1
The Constitution
Part 3E - Responsibility for Functions
Shareholder Rights in LGSS Law Ltd
Part 3E – Shareholder Rights in LGSS Law Ltd [effective from 24th March 2015]
3E, page 2