13.01 PROPER OFFICER FUNCTIONS
1.
The Council has appointed the following Proper Officers for the purposes of
the statutory provisions set out below.
2.
Subject to the Proper Officer appointments set out below, the Managing
Director and each Corporate Director shall be authorised to act as the Proper
Officer for the statutory responsibilities which fall within their area of
responsibility.
3.
Substitutes are identified to act where the Proper Officer is absent or
otherwise unable to act.
4.
The Managing Director shall act as Proper Officer in the place of the Town
Clerk or Clerk to the Council where such references occur in any enactment
passed during the 1971/72 session of parliament other than the Local
Government Act 1972 or in any instrument made before 26 October 1972.
THE PUBLIC HEALTH ACT 1936
Section
Purpose of Appointment
Proper Officer
84 & 85
Cleansing of filthy or Environmental
verminous articles, persons Health
or clothing.
Manager
Substitute
Medical Officer –
Consultant
in
Communicable
Disease Control
(CCDC).
THE NATIONAL ASSISTANCE ACTS 1948 AND 1951
Section
Purpose of Appointment
Proper Officer
47
To act as Proper Officer or Environmental
to appoint alternate Proper Health
Officers as may be required Manager
from time to time to
discharge the Council’s
functions with regard to
Substitute
Medical Officer –
Consultant
in
Communicable
Disease Control
(CCDC).
certifying the necessity to
remove persons to suitable
accommodation.
THE PUBLIC HEALTH ACT 1961
Section
Purpose of Appointment
Proper Officer
37
Disinfestations of verminous Environmental
articles offered for sale.
Health Manager
Substitute
Medical Officer
– Consultant in
Communicable
Disease Control
(CCDC).
LOCAL GOVERNMENT ACT 1972
Section
Purpose of Appointment
Proper Officer
Substitute
83
To witness and receive Managing
declarations of acceptance Director
of the office of Elected
Mayor, Chairman and Vice
Chairman of the District
Council and of District
Councillors.
Monitoring
Officer
84
To receive written notice of Managing
the resignation from the Director
office of Elected Mayor,
Chairman
and
Vice
Chairman of the District
Council and of District
Councillors.
Monitoring
Officer
88(2)
To convene, if necessary, a Managing
meeting of the Council Director
when the office of Chairman
of the Council is vacant.
Monitoring
Officer
89(1)(b)
To receive written notice Managing
from two local government Director
electors of a casual vacancy
in the office of Councillor.
Electoral
Services
Manager
100B(2)
To decide whether part or Managing
the whole of reports should Director
Inserted by be excluded from public
Local
inspection before a meeting
Government if the meeting is likely not to
(Access to be open to the public.
Information
Act 1985)
Monitoring
Officer
Section
Purpose of Appointment
Proper Officer
Substitutes
100B(7)(c)
To supply to the press Managing
additional material supplied Director
Inserted by to members of the Council
Local
in connection with the item
Government to be discussed.
(Access to
Information)
Act 1985
Monitoring
officer
100C(2)
Democratic
Services and
Community
Engagement
Manager
To prepare a written Managing
summary of proceedings Director
Inserted by taken by Council or a
Local
Committee in private.
Government
(Access to
Information)
Act 1985
100D(1)
To compile a list of
background papers to a
Inserted by report to a Committee.
Local
Government
(Access to
Information)
Act 1985
Report Author
100D(5)(a)
Report Author
Inserted by
Local
Government
(Access to
Information)
Act 1985
100F(2)
Identifying background
papers of reports.
Identifying which documents Report Author
contain exempt information
Managing
Director
not open to inspection by
members of the Council.
115(2)
To receive from every
officer of the Council all
money committed to his/her
charge in connection with
his/her office in accordance
with the Council’s Financial
Regulations.
Head of
Finance,
Property and
Revenue
Services
Financial
Services
Manager
146
To sign the statutory
declaration to enable the
transfer of securities in the
event of a change in the
name or status of the Local
Authority.
Head of
Finance,
Property and
Revenue
Services
Financial
Services
Manager
Section
Purpose of Appointment
Proper Officer
Substitutes
151
Responsibility for the
administration of the
Council’s financial affairs.
Head of
Finance,
Property and
Revenue
Services
Financial
Services
Manager
191
To receive applications Corporate Asset Head of
made under Section 1 of the Manager
Finance,
Ordnance Survey Act 1841
Property and
for assistance in surveying
Revenue
disputed boundaries.
Services
210
To exercise certain residual
functions relating to
charities.
Managing
Director
Democratic
Services
and
Community
Engagement
Manager
225
To receive and retain Managing
documents deposited with Director
the Local Authority.
Head of
Finance,
Property and
Revenue
Services
229
To certify, for the purpose of Monitoring
any legal proceedings, that officer
a
document
is
a
photographic copy of the
original document.
Managing
Director
234
To sign any notice, order or Monitoring
other document on behalf of Officer
the Authority, any document
purporting to be so signed
being deemed to be issued
by the Authority.
Managing
Director
236
To send to the Parish Managing
Council, where they apply, a Director
copy of every byelaw made
by
the
Council
and
confirmed by the Secretary
of State.
Democratic
Section
Purpose of Appointment
238
Certification
byelaws.
of
copy
Proper Officer
of Managing
Director
Schedule
12
Substitutes
Corporate
Director
To sign and send to all Managing
members of the Council the Director
summons
to
attend
Paragraph 4 meetings of the Council,
(2)(b)
specifying the business to
be transacted.
Democratic
Services and
Community
Engagement
Manager
4(3)
Receiving notice from a Managing
member of the address to Director
which a summons to the
meeting is to be sent.
Democratic
Services and
Community
Engagement
Manager
Schedule
29
To undertake those duties Managing
which arise at District and Director
Parish Council elections
which,
under
the
Representation
of
the
People Acts, are required to
be undertaken not by the
Returning Officer but by the
“Proper Officer”.
Electoral
Services
Manager
LOCAL GOVERNMENT ACT 1974
Section
Purpose of Appointment
Proper Officer
Substitute
30(5)
Giving public notice of
receipt of report by a Local
Commissioner
(Ombudsman).
Head of
Finance,
Property and
Revenue
Services
Managing
Director
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
Section
Purpose of Appointment
Proper Officer
41
To certify copy resolutions, Managing
orders, reports and minutes Director
and
copy
instruments
appointing
officers
to
perform certain functions.
Substitute
Corporate
Director
HIGHWAYS ACT 1980
Section
Purpose of Appointment
Proper Officer
Substitute
205(3) & (5)
To undertake duties in
relation to private street
works.
Head of
Neighbourhood
Services
Corporate
Director
Housing and
Environment
210(2)
To certify any amendments Head of
to estimated costs and
Neighbourhood
provisional apportionment of Services
costs of street works under
the private street works
code.
Corporate
Director
Housing and
Environment
211(1),
To make a final
apportionment of expenses
of street works executed
under the private street
works code as detailed in
the Schedules.
Corporate
Director
Housing and
Environment
212(4),
216(2), &
(3)
Head of
Neighbourhood
Services
Section 295
Section 321
Issuing a notice requiring
owners to remove materials
from non-maintainable
streets in which works are
due to take place.
Head of
Neighbourhood
Services
Corporate
Director
Authentication of notices,
consents, approvals, orders,
demands, licences,
certificates or other
documents.
Corporate
Director
Managing
Director
Housing
and
Environment
Housing and
Environment
REPRESENTATION OF THE PEOPLE ACT 1983
Section
Purpose of Appointment
Proper Officer
Substitute
8(2)
Appointing a Registration
Officer.
Managing
Director
Head of
Finance,
Property and
Revenue
Services
35
Appointing a Returning
Officer.
Managing
Director
Head of
Finance,
Property and
Revenue
Services
67
Giving public notice of the
appointment of an Election
Agent.
Managing
Director
Electoral
Services
Manager
131
Providing accommodation
for holding election court.
Managing
Director
Head of
Finance,
Property and
Revenue
Services
PUBLIC HEALTH CONTROL OF DISEASE ACT 1984
Section
Purpose of Appointment
Proper Officer
Substitute
37
Removal to hospital.
38
Detention in hospital.
40
Medical
inmates.
41
Removal to hospital from
lodging house.
42
Closure of common lodging
house.
43
Person dying in hospital
with notifiable disease.
61
Powers to enter premises
62
Supplementary
for Entry
Regulation
2
Duty to notify suspected Environmental
disease,
infection
or Health Manager
contamination
in
dead
person patients
Appropriate
Medical
Officers/Consult
ant in
Communicable
Disease
Regulation
3
Duty to notify suspected Environmental
disease,
infection
or Health Manager
Contamination
in
dead
person.
Appropriate
Medical
Officers/Consult
ant in
Communicable
examination
Environmental
Health Manager
to act as Proper
Officer or
appoint
alternate Proper
Officers as may
of
be required from
time to time to
discharge the
Council’s
functions.
Medical Officer
– Consultant in
Communicable
Disease Control
(CCDC).
Environmental
Health Manager
Provisions Environmental
Health Manager
Disease
Regulation
4
Duty on local authority to Environmental
disclose
information
to Health Manager
others
Appropriate
Medical
Officers/Consult
ant in
Communicable
Disease
THE PARISH AND COMMUNITY MEETINGS (POLLS) RULES 1987
(SI 1987/1)
Regulation
Purpose of Appointment
Proper Officer
6(b)
Any references to Proper Managing
Officer.
Director
Substitutes
Electoral
Services
Manager
THE PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS 1988
(SI 1988/1546)
Regulation
Purpose of Appointment
Proper Officer
Substitutes
6
Special reporting of
infectious disease.
Environmental
Health
Manager
Medical Officer –
Consultant
in
Communicable
Disease Control
(CCDC).
8
Statistical returns.
Environmental
Health
Medical Officer –
Consultant
in
Manager
Communicable
Disease Control
(CCDC).
9
Prevention
disease.
of
spread
of Environmental
Health
Manager
Medical Officer –
Consultant
in
Communicable
Disease Control
(CCDC).
10
Immunisation and
vaccination.
Environmental
Health
Manager
Medical Officer –
Consultant
in
Communicable
Disease Control
(CCDC).
Schedule 3
Typhus and Relapsing
Fever
Environmental
Health
Manager
Medical Officer –
Consultant
in
Communicable
Disease Control
(CCDC).
Schedule 4
Food poisoning and food Environmental
borne infections
Health
Manager
Medical Officer –
Consultant
in
Communicable
Disease Control
(CCDC).
LOCAL GOVERNMENT FINANCE ACT 1988
Section
Purpose of Appointment
Proper Officer
Substitutes
114A, 115
Responsibility for Chief
Financial Officer reports.
Head of
Finance,
Property and
Revenue
Services.
116(1)
Responsibility for notifying Managing
the external auditor of Director
arrangements for a meeting
to consider a report from the
Chief
Financial
Officer
under this Act.
Financial
Services
Manager
Audit Manager
LOCAL GOVERNMENT AND HOUSING ACT 1989
Section
Purpose of Appointment
Proper Officer
2
To receive on deposit a list Managing
of politically restricted posts. Director
Human
Resources
Manager
4
Designation as Head of
Paid Service.
As appointed by
Managing
Director
5
Designation as Monitoring Corporate
Officer.
Director
Housing and
Environment
Managing
Director
Substitutes
Deputy
Monitoring
Officer as
appointed by
Corporate
Director
Housing and
Environment
15 & 16
To undertake all matters
relating to the formal
establishment of political
groups within the
membership of the Council.
Managing
Director
Democratic
Services
and
Community
Engagement
Manager
19
Maintain the compulsory
register of members’
interests.
Monitoring
Officer
Managing
Director
FOOD SAFETY ACT 1990
Section
Purpose of Appointment
Proper Officer
Substitutes
5
All functions.
Environmental
Health Manager
Corporate
Director
Regeneration
and Regulation
Section
Purpose of Appointment
Proper Officer
Substitutes
49(3)
Signing
any
document Environmental
authorised or required to be Health Manager
given, made or issued by
the Food Authority.
Corporate
Director
Regeneration
and Regulation
ENVIRONMENTAL PROTECTION ACT 1990
Section
Purpose of Appointment
Proper Officer
Substitutes
149
Relating to stray dogs
Environmental
Health Manager
Corporate
Director
Regeneration
and Regulation
LOCAL GOVERNMENT ACT 2000
LOCAL AUTHORITIES (REFERENDUMS) (PETITIONS AND DIRECTIONS)
(ENGLAND) REGULATIONS 2011 (SI 2011/2914)
Regulation
Purpose of Appointment
Proper Officer
Substitutes
Regulation
4(1),(2),
(3),(4), (5)
Verification number.
Managing
Director
Electoral
Services
Manager
Regulation
5
Publicity for verification
number.
Managing
Director
Electoral
Services
Manager
Regulation
Post Announcement and
7 (2)(a), (b) post direction petitions.
and (c)
Managing
Director
Electoral
Services
Manager
Regulation
Proper Officer
Substitutes
Managing
Electoral
Services
Purpose of Appointment
Regulation
Amalgamation of petitions.
8(2), 8(3) &
8(4)
Director
Manager
Regulation
Procedure on receipt of a Managing
11(1), 11(2), petition.
Director
11(3)
&
11(4)
Electoral
Services
Manager
Regulation
13 (1)
Publicity for valid petitions.
Managing
Director
Electoral
Services
Manager
Regulation
14(1)
Publicity for invalid petitions. Managing
Director
Electoral
Services
Manager
LOCAL AUTHORITIES (EXECUTIVE ARRANGEMENTS) (MEETINGS AND
ACCESS TO INFORMATION (ENGLAND) REGULATIONS 2012
Regulation
Purpose of Appointment
Proper Officer
Substitutes
Regulation 3 Recording of executive
(1)
decisions made at
meetings.
Managing
Director
Democratic
Services
and
Community
Engagement
Manager
Regulation 4 Recording of executive
(1)
decisions made by
individuals.
Managing
Director
Democratic
Services
and
Community
Engagement
Manager
Regulation
5(1)
Managing
Director
Democratic
Services
and
Community
Engagement
Inspection of documents
following executive
decisions.
Manager
Regulation 6
Inspection of background
papers.
Managing
Director
Democratic
Services
and
Community
Engagement
Manager
Regulation
9(2) & 9(4)
Individual executive
decisions.
Managing
Director
Democratic
Services
and
Community
Engagement
Manager
Regulation
Purpose of Appointment
Proper Officer
Substitutes
Regulation
11(2) &
11(7)(c)
Access to agenda and
connected reports.
Managing
Director
Democratic
Services
and
Community
Engagement
Manager
Regulation
12(1)
Publicity in connection with Managing
key decisions.
Director
Democratic
Services
Manager
Regulation
15(1)(a) & (b)
General exception.
Managing
Director
Democratic
Services
Manager
Regulation
17(3) & 17(4)
Additional rights of access Managing
to documents for members Director
of Local Authorities.
Democratic
Services
Manager
Regulation
21(4)
Confidential
information, Managing
exempt information and Director
advice of a political adviser
or assistant.
Democratic
Services
Manager
LOCAL AUTHORITIES (CONDUCT OF REFERENDUMS) (ENGLAND)
REGULATIONS 2007(SI 2007/1298)
Regulation
Purpose of Appointment
Proper Officer
Regulation 4 For all purposes in these Managing
(1), 4(2), 4(3) Regulations.
Director
& 4(4)
Substitute
Electoral
Services
Manager.
LOCAL
AUTHORITIES
(EXECUTIVE
AND
ALTERNATIVE
ARRANGEMENTS) (MODIFICATION OF ENACTMENTS AND OTHER
PROVISIONS) (ENGLAND) ORDER 2001 (SI 2001/2237)
Regulation
Purpose of Appointment
Proper Officer
Substitute
Regulation
21 (11) (2)
Duties of executives as Managing
regards
reports, Director
amendment to Section 116
of 1988 Finance Act.
Audit Manager
Regulation
45 (4)
Disability of members of Monitoring
authorities for voting on Officer
account
of
prejudicial
interests.
Managing
Director
LOCAL AUTHORITIES (STANDING ORDERS) (ENGLAND) REGULATIONS
2001 (SI 2001/3384), PART 2
Regulation
Purpose of Appointment
Proper Officer
Substitute
Regulation 1,
Appointment.
5(2) & 6(2)
Dismissal.
Managing
Director
Monitoring
Officer
LOCAL AUTHORITIES (MAYORAL ELECTONS) (ENGLAND & WALES)
REGULATIONS 2002 (SI 2002/185
Regulation
Purpose of Appointment
Proper Officer
Substitute
Regulation 51 Delivery and retention of Managing
documents.
Director
Electoral
Services
Manager
Regulation
52(1) & 52(2)
Order for production of Managing
documents.
Director
Electoral
Services
Manager
Regulation
53(1) & 53(3)
Public
inspection
and Managing
destruction of documents. Director
Electoral
Services
Manager
REGULATION OF INVESTIGATORY POWERS ACT 2000 (RIPA)
Section
Purpose of Appointment
27,28 and 29
Designation
of
Proper Officer
officers Managing
Substitute
empowered
to
grant
authorisation
for
the
carrying out of directed
surveillance and authorise
the use of covert human
intelligence sources under
Sections 27, 28 and 29 of
the Act.
Director,
Corporate
Directors and
Heads of
Service
FREEDOM OF INFORMATION ACT 2000
Section
Purpose of Appointment
Proper Officer
36
Acting as a “qualified Managing
person” in respect of Director
information held by the
Council.
Substitute
HOUSING ACT 2004
Section
4 – Part 1
Purpose of
Proper Officer
Appointment
Where an official
Strategic Housing
complaint about
Manager
the condition of any
residential
premises in the
district of a local
housing authority is
made to the proper
officer of the
authority, and the
circumstances
complained of
indicate—
Substitute
Head of Housing
(a) that any
category 1 or
category 2 hazard
may exist on those
premises, or
(b) that an area in
the district should
be dealt with as a
clearance area,
the proper officer
must inspect the
premises or area.
13.02 DELEGATION SCHEME FOR OFFICERS – EXERCISING DELEGATIONS
This outlines the Council’s scheme of delegation for making decisions for the
efficient operation of services. It does not indicate the lowest level to which the
decisions have been delegated to, but Directors and Heads of Service are
encouraged to delegate to the lowest level wherever it is safe to do so and provided
that administrative procedures are in place to record and monitor decisions so taken.
However, managers should consult with a more senior or experienced manager
when considering a decision that is likely to be contentious or sensitive. Before
decisions of significance are taken regarding a particular ward or wards, officers will
consult the relevant ward Councillors.
It is imperative that all those who are making decisions under this scheme have the
requisite experience and knowledge to make the decision.
In making decisions under this Scheme of Delegation, officers will need to be mindful
of the following principles:

Only decisions which are lawful can be taken and which are in accordance with
the Council’s own policies and procedures including the Council’s Constitution
and Financial Regulations.

Key Decisions must be taken by setting out the basis for the decision in the form
of a written report which provides all the relevant information including the
professional advice of the Council’s legal and finance officers.

A record of delegated non Key Decisions must also be maintained and should be
in a similar format to the Key Decision record, illustrating the decision taken and
the considerations involved in reaching it together with reasons for the decision.
As part of the decision making process, consideration should also be given to:
o Promotion of openness and accountability
o Achievement of the Council’s objectives and those priorities outlined in its
corporate and statutory plans
o The improvement in service delivery, promotion of equality and elimination of
discrimination
o Prevention of crime and disorder and the achievement of economic,
environmental, financial and social wellbeing of the District
o Ensuring ethical and fiscal probity

Any financial decisions should only be made by those authorised to do so and
provided there is the availability of the resources.

Unless the elected Mayor directs otherwise, the powers delegated to Officers
may also be exercised by the elected Mayor or the Executive collectively, or if the
elected Mayor directs, by individual Executive Members to discharge the
functions. (Local Government. Act 2000, S14).
13.03 HEAD OF PAID SERVICE
The Managing Director is the Head of Paid Service for the purposes of Section 4 of
the Local Government and Housing Act 1989 and has the following responsibilities:
Council
1.1
and
Executive
All the Delegated Powers set out in this Scheme shall be
exercised at any time by the Head of Paid Service.
Executive 1.2
The overall corporate and operational management of the
council including any re-organisation of services
Executive 1.3
In the event of any national or local emergency requiring
immediate action by the Authority the Managing Director and, in
his/her absence, the Corporate Directors and in their absence
the Heads of Service, are authorised to take such steps
(including the incurring of expenditure where necessary) as
may be required including advising the Head of Finance,
Property and Revenue Services at the earliest opportunity to
deal with the problem encountered.
Council
Executive 1.4
Providing advice to all members of the Executive, Select
Commissions, the Council and other Committees as necessary
in the decision making process
Executive 1.5
Matters relating to the elected Mayoral Office and civic
hospitality
Executive 1.6
Authorisation of attendance at conferences by members
Executive 1.7
Provide direction on the interpretation and application of the
Scheme of Delegation to Chief Officers
Council
1.8
Recommend for approval, applications for voluntary early
retirement for Chief Officers if such applications are in the
interests of efficiency of the service area concerned.
Executive 1.9
Authority to grant acceleration of increments, within the
appropriate pay scale, for officers employed on JNC for Chief
Officers grades.
Executive 1.10
Act as the Adviser at meetings of the Full Council
Executive 1.11
Approving re-structuring of the establishment, below Head of
Service level
Executive 1.12
To approve the virement of budgets in line with the approved
virement procedures.
Executive 1.13
Where appropriate, to advise, interpret and exercise discretion
with regard to the Conditions of Service.
Executive 1.14
To advise on the request for approval of accelerated increments
of salary to Officers passing approved examinations.
Executive 1.15
Authority to implement and adopt national and local negotiated
decisions and to transfer Officers on probationary service to the
permanent establishment, subject to compliance with the
Scheme of Conditions of Service of the NJC.
Executive 1.16
To advise on the advancement of a postholders salary within
the appropriate scale, according to the existing spinal column
point of the employee in question, following either a successful
Paragraph 80 application for regrading or a subsequent appeal
or following a review of structure and/or revised duties and
responsibilities.
Executive 1.18
The payment of compensation in lieu of wages to persons
excluded from their work on public health grounds.
Executive 1.19
Determination of extension of occupational sickness allowance
beyond entitlements contained within relevant conditions of
service.
Executive 1.20
Authority to submit to the appropriate Secretary of State any
notification of a potential redundancy situation, affecting Council
employees.
Executive 1.21
To comply with the Local Government Pension Regulations and
rules of the Nottinghamshire Pension Scheme as they relate to
applications and appeals in respect of early release of pension
benefits.
13.04 CORPORATE DIRECTORS AND HEADS OF SERVICE
All the delegated powers set out in this scheme which come under the responsibility
of their service area shall be exercised at any time by the Corporate Directors and
Heads of Service.
Executive 1.1
To put in place arrangements for the management of the
Directorate/Service to ensure the efficient delivering of services.
Council
1.2
To deal with all matters relating to the recruitment, appointment,
remuneration, qualification, training, promotion, appraisal,
health and safety, the provision of welfare facilities to all
employees of the Council. In exercising these powers regard
shall be given to nationally and locally agreed conditions of
service, procedures, codes of practice or guidance approved by
the Council in relation to the matters concerned.
Council
and
1.3
In consultation with the Senior Legal Advisor to the Council, the
authorisation of the commencement of Court proceedings
under all statutes, statutory instruments, rules and regulations
and Bylaws within the ambit of their service area.
Executive 1.4
The authority to exercise the powers conferred by the Town
and Country Planning Act 1990 and the Town and Country
Planning General Regulations 1992 to seek planning
permission for development to be undertaken by the Council.
Executive 1.5
To authorise Officers for the service of fixed penalty notices and
to take investigatory and enforcement actions in accordance
with the Environmental Protection Act 1990 and Anti-Social
Behaviour Act 2003 and Refuse Disposal (Amenity) Act 1978
and Dogs (Fouling of Land) Act 1996 relating to litter
enforcement, graffiti removal, abandoned car removal, “fly”
tipping, “fly” posting and dog control.
Executive
Executive 1.6
Power to grant authorisation under Part II of the Regulation of
Investigatory Powers Act 2000 for Directed Surveillance and
the use and conduct of Covert Human Intelligence Sources.
Council
1.7
The appointment, suspension, dismissal of employees within
their areas of responsibility having had regard for the advice of
the Human Resources Manager.
Council
1.8
The approval of appropriate training provided that that training
is of direct benefit to the improvement of the effectiveness of
the employee in their post and contained within approved
budgets and determination of reasonable and appropriate
overnight hotel rates for employees in connection with absence
away from home on official business.
Executive 1.9
To grant paid leave to attend Annual Conferences in connection
with Trade Union duties
Council
1.10
To grant leave to employees for the purpose of study,
immediately prior to examination, to a maximum of half a day
per module/examination taken.
Council
1.11
The granting of permission to carry over leave to the following
leave year.
Approval of compassionate leave, domestic
emergency leave and unpaid leave in line with the Council’s
leave policy.
Executive 1.12
Determination upon requests or recommendations for
honoraria, gratuity and acting rank allowances within agreed
policy.
Council
To negotiate the terms of voluntary redundancies within the
Council’s agreed policy.
1.13
Executive 1.14
Determination of planned overtime for employees above the
appropriate spinal points, having regard to Council policy on
overtime working.
Executive 1.15
In connection with the payment of removal expenses, lodging
allowances or travelling allowances the determination of the
payment for such expenses or allowances within Council policy.
Executive 1.16
The determination of all requests for the provision of temporary
housing accommodation to employees, within the agreed
policy.
Executive 1.17
The management of the departmental budget/trading account.
The management of the departmental budget/trading account.
Disposal of surplus or obsolete equipment, vehicles, scrap, etc
and up to a value of £10,000 to write off stock in line with the
Council’s Financial Regulations.
Executive 1.18
To award a Contract for their service area in line with the
Council’s Procurement Rules.
Executive 1.19
Negotiate and approve of, in consultation with the Senior Legal
Advisor to the Council, any contract for the provision of services
to an external agency unless in line with the Council’s
Procurement Rules.
Executive 1.20
Management of buildings under the control of the Department /
Service Area including the use and letting of accommodation,
facilities and land in accordance with the agreed policies and
approved service plans laid down by the Council and the Asset
Management Plan.
Executive 1.21
Setting of fees and charges, within the Council’s agreed fees
and charges policies and budgets, for use of any service,
provided or facilities used within their service.
Executive 1.22
Authorisation to reduce, award concessions or waive fees and
charges in line with the agreed fees and charges policies and
budgets.
Executive 1.23
Provision of reasonable and appropriate hospitality to
representatives of other authorities etc. visiting the department
or premises under the Director or Head of Service control.
Executive 1.24
Authority to accept or refuse any offer of grant, donation or gift
within the agreed Council Code of Practice for the acceptance
of hospitality and gifts.
Executive 1.25
To authorise any particular named officer to carry out inspection
and enforcement duties where this is (i) authorised by law and
(ii) necessary in the performance of any function or duty of the
department.
Executive 1.26
To sign identity cards in connection with the exercise of this
authority, provided that a list shall be maintained of all officers
so authorised with a description of the extent of such
authorisation and the relevant statutory power.
Executive 1.27
To take emergency action in circumstances where, in the
opinion of the Corporate Director or Head of Service, such
action is necessary in the interests of the service, on the
understanding that the action taken and the reasons for it being
taken will be reported to the appropriate Portfolio Holder.
Where expenditure is necessary, which has not been budgeted
for, prior consultation must take place with the Head of Finance,
Property and Revenue Services (where practicable to do so)
and in any case advising him/her at the earliest opportunity.
Executive 1.28
Agreement of the temporary cessation of any service, including
but not exclusively for reasons related to health and safety
considerations having regard for equality impact assessment,
and any long term reductions in service within the scope of the
agreed service plan.
Executive 1.29
The power to give or authorise the giving of notices or take any
other action under section 41 of the Local Government
(Miscellaneous Provisions) Act 1982 (lost and uncollected
property on buildings or premises owned or managed by the
Council).
Executive 1.30
To produce the annual fees and charges schedule for services
for approval by the Executive.
Executive 1.31
Authorisation to apply for appropriate grants on behalf of the
Council to support or facilitate the delivery of Council priorities
in relation to the sphere of activity subject to compliance with
Asset Management Plan Procedures and Corporate Plan.
Executive 1.32
To identify strategic and operational risks within their service
areas, promoting the Council’s risk management strategy and
to develop controls and actions to mitigate the risks.
Executive 1.33
To respond to consultations and other issues raised by Central
Government or other Local Authority Associations and other
public or statutory bodies.
Executive 1.34
Awarding of preferred developer status for Council projects
following procurement processes as laid down in the adopted
Procurement Rules.
13.04 A
CORPORATE DIRECTORS
To determine what action is to be taken in respect of the occupation of land within
the District of Mansfield by travellers and gypsies and to authorise the Senior Legal
Advisor to the Council to take such action as is necessary to secure the removal of
the gypsies and travellers from that land where appropriate.
13.05 THE MONITORING OFFICER
Executive
1.1
In consultation with the Senior Legal Advisor to the Council to
prosecute, defend, make application, serve any notice or
appear on behalf of the Council in any Court, Tribunal or
hearing on any criminal, civil or other matter (including
appeals).
Executive
1.2
In consultation with the Senior Legal Advisor to the Council to
take any appropriate action (including appeals) under Section
222 of the Local Government Act 1972 (general power of local
authorities to prosecute or defend legal proceedings).
Executive
1.3
In consultation with the Senior Legal Advisor to the Council to
settle any claim for compensation and any action in
court/tribunal proceedings including where legal advice is
required.
Executive
1.4
In consultation with the Senior Legal Advisor to the Council to
negotiate, arbitrate or use alternative dispute resolution on any
action where legal advice is required.
Executive
1.5
To take any necessary action to enforce or comply with a
judgement of the Court or Tribunal or other body having similar
powers.
Executive
1.6
To instruct Counsel and external Solicitors as appropriate.
Executive
1.7
The preparation and sealing of documents, and the
determination of procedural arrangements for the issue of all
consents, refusals, decisions and notices on behalf of the
Council under statutory powers and the authorisation of
persons to enter into contracts or to sign legal documents
which are not required to be under seal, and the certification of
any minute, resolution, map or other document or copy thereof.
Executive
1.8
To sign, on behalf of the Council, any necessary documents in
connection with the Council’s registration under the Data
Protection Act 1998.
Executive
1.9
To accept on behalf of the Council such valid notices as may
be served by tenants, in respect of the acquisition by them of
freehold interest or extension of leasehold interest under the
provisions of the Leasehold Reform Act 1967.
Council
1.10
To apply for any necessary ministerial consent to the
appropriation of land from one purpose to another.
Executive
1.11
The giving of indemnities on behalf of the Council to
organisations for the use of their facilities.
Executive
1.12
The supervision of procedures for the receipt, opening and
acceptance of tenders.
Council
1.13
To take any necessary action to ensure the smooth operation
of the members’ allowances scheme and make any necessary
amendments which are consistent with the regulations.
Executive
1.14
The preparation and execution of all necessary documents in
connection with the provisions of short term agency services for
local authorities where these require no major change in
organisation, capital expenditure or increase in staff and, in
conjunction with the Head of Finance, Property and Revenue
Services, the agreement of terms for reimbursement for
provision of such agency services.
Executive
1.15
To authorise the use of the shield and full coat of arms by any
other body or person.
Council
1.16
The exercise of the duties of Proper Officer for the following
purposes:
Acting as Deputy Adviser at meetings of the Full Council
in the absence of the Managing Director.
Executive
1.17
The appropriate provisions of the Local Government
(Miscellaneous Provisions) Act 1976 relating to requisitions for
information as to the ownership of land or property
Executive
1.18
To approve changes to the Approved List Contractors
maintained under the Council's Standing Orders with such
changes to be recommendations from the Procurements
Manager as a result of inter Directorate evaluation considering
areas of General Eligibility, Technical Capability/Suitability and
Financial Standing.
13.06 HEAD OF FINANCE PROPERTY AND REVENUE SERVICES
The Head of Finance, Property and Revenue Services is responsible for the
administration of the Council’s finance for the purposes of S6 of the Local
Government and Housing Act 1989 and S151 of the Local Government Act 1972.
Council
1.1
The approval of and changes to the strategic arrangements of
all cash management and capital financing procedures of the
Council.
Executive 1.2
Power to write off debts below £50,000 where all steps have
been taken to recover the amount concerned. The total written
off in any year to be reported to the Executive
Executive 1.3
Power to make, suspend, amend or cancel Financial
Regulations after consultation with the Managing Director and
the relevant Portfolio Holder and reported to the Audit
Committee.
Executive 1.4
Power to make, suspend, amend or cancel the Procurement
Rules after consultation with the Managing Director and the
relevant Portfolio Holder and reported to the Audit Committee.
Council
1.5
Premature payment of Bonds and Mortgages in cases of death
or for other reasons in accordance with Council policy.
Executive 1.6
Payment by instalments for private street works over a period of
up to 5 years.
Council
To undertake all cash management and capital financing
procedures in accordance with the Council’s overall strategy.
This strategy to be revised at least annually.
1.7
Council
1.8
To act in accordance with the Borrowing Strategy.
Executive 1.9
To undertake the arrangement of insurance policies and the
monitoring of all insurance matters.
Executive 1.10
In consultation with the Council’s Insurance Officer, the
determination of employee claims regarding loss of/damage to
personal property in pursuance of Council’s business.
Executive 1.11
To administer/authorise recovery of Council Tax, issue all
notices and undertake all the remedies including distraint or
committal to prison, in accordance with the powers vested in
the Billing Authority by the Local Government Finance Act 1992
and the Council Tax (Administration and Enforcement)
Regulations 1992.
Executive 1.12
The execution of the powers and duties of the Council under
the Social Security and Housing Benefit Act, 1982, the Housing
Benefits (General) Regulations 1987 and any subsequent
regulations, in relation to Housing and Council Tax Benefit.
Executive 1.13
The division of assessments under Section 44 of the Local
Government and Housing Act 1989.
Executive 1.14
Representing the Council in bankruptcy and liquidation
proceedings and attending meetings of creditors.
Executive 1.15
Executive and administration of treasury management policies.
Executive 1.16
To approve all arrangements for the banking of income and the
operation of the Council’s bank accounts including the signing of
cheques, arrangements for direct debits and standing orders,
approval of electronic transfers in line with the Council’s payment
policies and procedures.
Executive 1.17
The determination of applications for grants-in-aid less than £500
Executive 1.18
To determine Discretionary Rate Relief and council tax discount
applications less than £10,000 in line with the Discreationary
Rate Relief policy.
Executive 1.19
Decisions and procedures as contained within the Council’s
Charging Orders Policy for Council tax recovery.
Executive 1.20
To determine whether the Council should opt to tax tenants for
the purposes of VAT as part of actions ensuing from ensuring
that the Council remains within the limits for partial exemption of
VAT.
Executive 1.21
The writing off of stocks and stores between £10,001 and
£50,000.
Executive 1.22
The maintenance of the Council’s Register of Strategic Risk.
Executive 1.23
Authorisation of Officers representing the Council under Section
223 of the Local Government Act, 1972, and Section 60(2) of the
County Court Act and any other enabling legislation for Council
Tax, National Non-Domestic Rates and Sundry Debtor cases.
Executive 1.24
To amend the Council’s capital and revenue budgets to reflect
the use of earmarked reserves or balances for the purposes for
which they were approved.
To amend the capital and revenue budgets to reflect the
Executive 1.25
acceptance and use of specific grants and contributions up to
£50,000
The power to amend the Council’s Policies and Procedures in
respect of money laundering, anti-fraud, bribery, whistle-blowing
and for similar issues.
Executive 1.26
Executive 1.27
To act on behalf of the Council as Authority Liaison Officer to
administer the Council’s Licences for mapping data. Authority in
any case where to wait for instruction would in their opinion,
prejudice the councils position, to institute, defend and conduct
any legal proceedings affecting the rights or interests of the
Council
Executive 1.28
To act on behalf of the Council as the Local Land and Property
Gazetteer (LLPG) custodian to complete and update the Local
Land and Property Gazetteer to BS7666.
Executive 1.29
Authorisation to transfer data between the LLPG and National
Land and Property Gazetteer hub in accordance with BS7666.
Executive 1.30
To deal with the procedure on valuations for rating in cases of
urgency, but subject to ratification, to make on behalf of the
Council, appeals to the Lands Tribunal against decisions of the
Local Valuation Court and also to sign and give such Notices and
to take such action as the Local Government Act 1948 and the
Lands Tribunal 1949 require including Notice of Intention of the
Council to appear on any appeal as an interested party when the
Council are not the applicants.
Executive 1.31
Functions pursuant to the Local Government (Access to
Information) Act 1985;
Executive 1.32
Register of all appropriate systems with the Information
Commissioner
Executive 1.33
To authorise the certification of the NNDR 1 form, or any
successor form.
13.07 HEAD OF REGENERATION, LESIURE AND MARKETING
Executive
1.1
To vary fees and charges in response to market conditions
or demand for service and report such decisions to the
appropriate Portfolio Holder.
Executive
1.2
Authorisation to determine further detail of the Leisure
Card scheme development including marketing and
pricing structure.
Executive
1.3
To determine opening hours and programmes in respect
of indoor leisure and/or sports centres/swimming pools,
Museum, Art Gallery and Palace Theatre in accordance
with the Leisure Strategy and Service Plans.
Council
1.4
Authorise the closure of the Water Meadows swimming
complex for major events equivalent to six full day
closures annually.
Council
1.5
Determine applications for concessionary use of specified
leisure facilities received from talented sportsmen or
women who are either promising new talent or who have
been out of training through injury.
Executive
1.6
To agree to proceed with participation in physical
regeneration projects up to £30,000.
Executive
1.7
Appointment of consultants including Mansfield District
Council services, to design and supervise the
implementation of schemes in the approved capital
programme.
Executive
1.8
Authorisation to arrange for surveys and site
investigations to be undertaken, subject to adequate
budgetary provision.
Executive
1.9
Authorisation to undertake works and policy reviews of the
public car parks within the Councils administrative
boundary.
Executive
1.10
The execution of the powers and duties of the Council in
the management, regulation and control of all markets
under the ownership or control of the Council.
Executive
1.11
The authorisation of the service of notice to quit on market
stallholders.
Executive
1.12
Power to waive the standard charge specified in Parking
Place Orders in accordance with agreed policy.
Council
1.13
The Authority to vary fees and charges in response to
market conditions or demand for service.
Executive
1.14
Power to suspend market traders for the breach of Market
Licence Conditions and other acts likely to cause serious
difficulties of operation or lead to disputes.
Executive
1.15
To carry out investigations and instruct the Legal Services,
subject to being satisfied with the evidence available, to
prosecute for Offences or issue formal cautions for
offences committed under:-
Environmental Protection Act 1990 Part II (Waste on land)
and Part IV (Litter, etc.)
Refuse Disposal (Amenity) Act 1978
Control of Pollution (Amendment) Act 1989
Town & Country Planning Act 1990 – S224 (Unlawful
Advertisements)
Highways Act 1980 Part IX
Anti-Social Behaviour Act 2003
Cleaner Neighbourhoods & Environment Act 2005
Dogs (Fouling of Land) Act 1996
And any other legislation amending, extending or
succeeding the above Acts, including all Regulations,
Byelaws and Orders made there-under.
Executive
1.16
To serve Notices under:
S16 Local Government (Miscellaneous Provisions) Act
1976
S330 Town & Country Planning Act 1990
Part II and Part IV Environmental Protection Act 1990
Environmental Protection 1990 (Duty of Care) Regulations
1991 (as amended)
S59 Environmental Protection Act 1990 (requiring removal
of unauthorised waste)
Refuse Disposal (Amenity) Act 1978
Control of Pollution (Amendment) Act 1989
Highways Act 1980 Part IX
Anti-Social Behaviour Act 2003
Cleaner Neighbourhoods & Environment Act 2005
S225 Town & Country Planning Act 1990
Dogs (Fouling of Land) Act 1996
Any future primary or secondary legislation relating to litter
and/or waste management enforcement and any other
legislation amending, extending or succeeding the above
Acts, including all Regulations, Byelaws and Orders made
there-under.
Executive
1.17
To authorise such Officers as s/he feels appropriate to
exercise the relevant rights of entry, powers of inspection
and/or powers of seizure or removal under:
Environmental
Protection
Act
(Duty
Regulations 1991 (as amended)
of
Care)
Refuse Disposal (Amenity) Act 1978
Sections 225 and 324 Town & Country Planning Act
1990
Highways Act 1980 Part IX
Anti Social Behaviour Act 2003
Cleaner Neighbourhoods & Environment Act 2005
Executive
1.18
To obliterate and/or remove unlawful advertisements under
S225 Town & Country Planning Act 1990.
Executive
1.19
Agreement of implementation plans for Council led
regeneration projects.
Executive
1.20
To carry out prosecutions for contravention of the District
of Mansfield (Off Street Parking Places) Order and to
nominate Parking Inspectors
13.08 HEAD OF NEIGHBOURHOOD SERVICES
Council
1.1
The adoption of highways in accordance with Sections 37 to 40
of the Highways Act 1980.
Executive 1.2
Authorisation to enter into Agreements under Section 38 of the
Highways Act 1980.
Executive 1.3
In respect of the provision, management, control, repair and
improvement of parks, public recreation and pleasure grounds,
allotments or other similar or associated public space activities
to authorise:
(a)
The fixing of opening hours.
(b)
Approval of programmes.
(c)
Alteration of fees and charges to provide
competitive activities.
Executive 1.4
Authorised to agree and set up appropriate systems for
payment and monitoring of recycling credits, in conjunction with
the Nottinghamshire County Council and other District Councils.
Council
1.5
Authorisation to test, inspect and examine the mechanical
fitness of Hackney Carriage and Private Hire Vehicles and
when not satisfied as to the condition of a vehicle for such use,
require the proprietor of the vehicle to remove the licence
forthwith and surrender it to be kept until such time as the
officer is satisfied as to the condition of the vehicle, in
accordance with the conditions of the Council’s approved
Hackney Carriage/Private Hire Vehicle Licence conditions.
Executive 1.6
The authorisation of any necessary action with respect to
matters arising from the implementation of the domestic
household and recycling wheeled bin system in meeting set
recycling and waste minimisation targets.
Executive 1.7
To authorise the taking of appropriate actions and procedures
regarding removal of “fly” posters, “fly” tipping and graffiti.
Executive 1.8
Authority to make any necessary amendments or modifications
as appropriate to all operational properties and activities.
Executive 1.9
Authorisation to manage the day to day operation of the
Council’s neighbourhood services (including the incurring of
expenditure) for Waste and Recycling, Parks and Open
Spaces, Engineering and Highways functions, Fleet, Vehicle
Maintenance, MOT’s, Hermitage Lane Depot .
Executive 1.10
To grant rights of burial in respect of Council’s Cemeteries.
Executive 1.11
The approval of drawings and specifications in accordance with
the rules and regulations in respect of all cemeteries except
that:(a)
Where special consent is necessary; or
(b)
Where it is proposed to withhold consent the
matter shall be referred to the next meeting of the
Executive.
Executive 1.12
To exercise the powers of the Council under Sections 46 and
61 of the Public Health (Control of Disease) Act 1984 in relation
to the disposal of dead bodies (funerals for destitute persons).
Executive 1.13
To carry out investigations and instruct the Legal Services,
subject to being satisfied with the evidence available, to
prosecute for offences or issue formal cautions for offences
committed under:
Environmental Protection Act 1990 Part II (Waste on
land) and Part IV (Litter, etc.)
Refuse Disposal (Amenity) Act 1978
Control of Pollution (Amendment) Act 1989
Town & Country Planning Act 1990 – S224 (Unlawful
Advertisements)
Highways Act 1980 Part IX
Anti-Social Behaviour Act 2003
Cleaner Neighbourhoods & Environment Act 2005
Dogs (Fouling of Land) Act 1996
And any other legislation amending, extending or succeeding
the above Acts, including all Regulations, Byelaws and Orders
made there-under.
Executive 1.15
To serve Notices under:
S16 Local Government (Miscellaneous Provisions) Act
1976
S330 Town & Country Planning Act 1990
Part II and Part IV Environmental Protection Act 1990
Environmental Protection 1990
Regulations 1991 (as amended)
(Duty
of
Care)
S59 Environmental Protection Act 1990 (requiring
removal of unauthorised waste)
Refuse Disposal (Amenity) Act 1978
Control of Pollution (Amendment) Act 1989
Highways Act 1980 Part IX
Anti-Social Behaviour Act 2003
Cleaner Neighbourhoods & Environment Act 2005
S225 Town & Country Planning Act 1990
Dogs (Fouling of Land) Act 1996
Any future primary or secondary legislation relating to litter
and/or waste management enforcement and any other
legislation amending, extending or succeeding the above Acts,
including all Regulations, Byelaws and Orders made thereunder.
Executive 1.16
To authorise such Officers as s/he feels appropriate to exercise
the relevant rights of entry, powers of inspection and/or powers
of seizure or removal under:
Environmental Protection Act (Duty of Care) Regulations 1991
(as amended)
Refuse Disposal (Amenity) Act 1978
Sections 225 and 324 Town & Country Planning Act 1990
Highways Act 1980 Part IX
Anti Social Behaviour Act 2003
Cleaner Neighbourhoods & Environment Act 2005
Executive 1.17
To obliterate and/or remove unlawful advertisements under S225
Town & Country Planning Act 1990.
Executive 1.18
To agree with District partners how the recycling credit payments
should be allocated between partners
Executive 1.19
To approve and implement in line with the Scheme of delegation
the Litter Management Plan
Executive 1.20
To vary fees and charges in response to market conditions or
demand for service and report such decisions to the appropriate
Portfolio Holder.
13.09 NEIGHBOURHOOD SERVICES MANAGER
Executive 1.1
To act on behalf of the Council with delegated powers as “The
Engineer” to administer Contracts entered into under the
Institution of Civil Engineers form of Contract.
Executive 1.2
Authorisation to carry out obligations of Council in respect of
Section 9 Land Charges Act 1975.
Council
1.3
Authorisation to act on behalf of the Council to ensure
compliance with the provisions of the Highways Act 1980,
including authorisation to serve notice for enforcement action
under the Act as appropriate.
Executive 1.4
To act on behalf of the Council to ensure compliance with the
provisions of the Land Drainage Act 1991, including
authorisation to serve notice for enforcement action under the
Act as appropriate.
(a) REGISTRAR OF CEMETERIES AND CREMATORIUM
Executive 1.5
To act on behalf of the Authority to bury or cremate any person
found dead in their area where it appears that no suitable
arrangements have been made or are being made for the
disposal of the body
Executive 1.6
To recover from the estate of a deceased person or from any
person who for the purposes of the National Assistance Act
1948 was liable to maintain the deceased person immediately
before their death expenses incurred.
13.10 HEAD OF
SERVICES
PLANNING,
COMMUNITY
SAFETY
AND
REGULATORY
PLANNING AND BUILDING CONTROL ISSUES
A
Approval of all application types submitted pursuant to
the Town and Country Planning Acts and related
legislation is delegated to the Head of Planning,
Community Safety and Regulatory Services, Development
and Building Control Manager and Principal Development
Control Officers except:
Council 1.1
Where a member of the Council has requested that the
application be reported to Committee.
Council 1.2
Where the applicant is known to be a member (or relative of a
member) of the District Council.
Council 1.3
Where the applicant is known to be in the employ of the
Council.
Council 1.4
Where Head of Planning, Community Safety and Regulatory
Services considers that the application should be reported to
Committee.
Council 1.5
Where a development proposal is a significant departure from
specific planning policies of the Council.
Council 1.6
Where the proposal is a “major” development scheme of the
Council.
Council 1.7
Any application requiring a Section106 Agreement or that
includes a condition that requires that a Section106
Agreement be entered into.
Council 1.8
Where any objections in writing have been received by the
Council which contain comments which are material planning
considerations.
Council 1.9
Those applications which should be determined by the Head
of Planning, Community Safety and Regulatory Services
following notification to the Chairman of the Planning
Committee and a nominated member of that Committee as
defined at B.
Council 1.10
Those applications which should be determined by the
Planning Committee.
B
Council 1.11
Determination of the following applications below
following notification with the Chairman of the Planning
Committee and a nominated member of that Committee
Approval of non-major applications* where no more than a
maximum of three letters of objection (i.e. from different
objectors with more than one letter received from the same
objector being classified as one objection) have been received
and the proposals are considered to be acceptable.
Non-major development comprise the following:
“Minor” Developments
Dwellings (up to a maximum of 9 units)
Office/research and development/light industry
Heavy industry/storage/warehousing
Retail, distribution and servicing
All other minor developments.
“Other” Developments
Changes of use
Householder developments
Advertisements
Listed building consents to alter/extend
Conservation Area consents
Prior Approval proposals.
Council 1.12
Approval of major detailed applications (full and approval of
reserved matters) relating to residential, industrial and
commercial proposals where an extant valid outline planning
permission exists which covers the site and no more than
three letters of objection (as defined previously) have been
received.
Council 1.13
Approval of major detailed applications (full and approval of
reserved matters) relating to residential, industrial and
commercial proposals where a development brief exists which
covers the site and a maximum of no more than three letters
of objection (as defined previously) have been received.
Council 1.14
Refusal of any application where insufficient and/or inaccurate
information has been received to enable a full and proper
assessment of the proposal to be made.
Council 1.15
Refusal
of
any
prior
approval
applications
for
telecommunications, agricultural development or demolition.
Council 1.16
Refusal of advertisements.
Council 1.17
Refusal of an application to remove or top/lop a tree (or trees)
protected by a tree preservation order.
Council 1.18
Refusal of planning permission where a proposed (non-major
scheme) is considered contrary to development plan policy
and/or development control guidelines and proposed major
scheme where there has been a previous refusal for similar
development.
Council 1.19
Approval of applications requiring that a S106 Agreement be
entered into and the details of Section 106 Agreements
required in connection with applications which do not have to
be determined by the Planning Committee. Where this
involves a sum of money the sum should not exceed a
maximum of £50,000.
Council 1.20
Approve of minor amendments to planning applications and
Section 106 Agreements which have previously been referred
to and accepted by the Planning Committee.
1.21
Applications not covered by A. - B. above would need to be
referred to the Planning Committee for determination.
1.22
MAJOR DEVELOPMENTS
For dwellings, a major development is one where the number
of dwellings to be constructed is 10 or more. Where the
number of dwellings to be constructed is not given in the
application a site area of 0.5 hectares or more should be used
as the definition of a major development. For all other uses a
major development is one where the floorspace to be built is
1,000 square metres or more, or where the site area is 1
hectare or more. "Built" or "constructed" should be interpreted
as "obtained by change of use".
The area of a site is defined as the area directly involved in
some aspect of the development. Normally this will be the
area outlined on the plan included with the application form.
Surrounding land owned by the applicant, but not directly
affected by the proposed development, should not be
included, neither should any part of the adjoining road. If the
area involved in a development is split into two parts by a
classified road it should still be considered as one site. The
area occupied by the road should not be included in the site
area.
The floorspace of a building is defined as the sum of the floor
area within the building, measured externally to the external
wall faces at each level. Basement car parks, rooftop plan
rooms, caretakers' flats, etc. should be included in the
floorspace figure.
Where a major development is subject to a change of use
application it should be coded as a major development, not as
a change of use. The use category will be determined by the
"end use" of the proposed change. For example, if the
application was to convert a warehouse into 12 flats (and
where the building or engineering work would be permitted
development were it not for the fact that the development
involved a change of use) the application should be coded as
"major residential".
C
Other development control functions delegated to the Head of
Planning, Community Safety and Regulatory Services,
Development and Building Control Manager and Principal
Development Control Officers
Executive 1.23
To determine whether or not an environmental statement is
required in association with a planning application.
Executive 1.24
The determination as to the necessity for planning permission
under the Town and Country Planning legislation.
Executive 1.25
The determination as to whether prior approval is required and
the determination of subsequent applications.
Executive 1.26
The requiring of further details before an application is
determined.
Executive 1.27
The determination as to which applications for planning
permission should be treated as county matters.
Council
1.28
The determination of the fee payable in respect of applications
received.
Council
1.29
The making of observations in respect of “non-major” proposals
made by (1) the County Council and (2) a Government
Department.
Council
1.30
The making of observations on applications and proposals
outside the District boundary in respect of which Mansfield
District Council has been consulted by other District Councils.
Council
1.31
The determination and issue of Certificates of Appropriate
Alternative Development.
Council
1.32
The Authority to sign decision notices following the appropriate
determination procedure
Council
1.33
The authority to serve a Building Preservation Notice or serve a
provisional Tree Preservation Order.
Council
1.34
The authority to undertake consultation in respect of all
applications received at the discretion of the Head of Planning,
Community Safety and Regulatory Services.
Council
1.35
The service of Planning Contravention Notices and Breach of
Condition Notices.
Council
1.36
The issuing of decisions under the Town and Country Planning
legislation to decline to determine applications for planning
permission.
Council
1.37
The service of a hedgerow retention notice, confirm in writing
that a hedgerow may be removed and to revoke a hedgerow
retention notice where that notice has not initially been
determined by a committee of the Council.
Council
1.38
To serve a notice and authorise legal proceedings under the
Town and Country Planning legislation in respect of the proper
maintenance of land.
Council
1.39
The assessment of complaints received under S68 of the AntiSocial Behaviour Act 2003, including service/withdrawal of
Remedial Notices, to prosecute for non-compliance with a
Remedial Notice and take remedial action for non-compliance
with a remedial notice
Council
1.40
The determination of applications for Hazardous Substance
Consent and Deemed Hazardous Substance Consent in
accordance with the requirements of the Planning (Hazardous
Substances) Act 1990.
Council
1.41
The making of observations to the Licensing Authority on
applications relating to the licensing of goods vehicles.
Council
1.42
The approval of minor amendments to previously approved
proposals that were not previously determined by the Planning
Committee.
(d) Approval of the following Building Regulation and Building Control matters
Council
1.43
The determination of the fee payable in respect of applications
under the Building Regulations.
Executive 1.44
The exercise of the powers of the Council in regard to the
passing or rejection conditionally or unconditionally or stage
approvals of plans submitted in accordance with the
requirements of the Building Regulations, Building Act 1984 and
other relevant legislation.
Executive 1.45
The determination of applications under Section 11 of the
Building Act 1984 in relation to relaxations for thermal insulation
(cavity wall).
Executive 1.46
The Authority to give permission in respect of the following:(a)
erection of scaffold and hoardings.
(b)
siting skips on the highway.
Executive 1.47
The authorisation and service of Notices under Section 36 of
the Building Act 1984.
Executive 1.48
The authorisation and service of Notices in respect of
contraventions and unauthorised works of the Building
Regulations 2010.
Executive 1.49
The authorisation and service of Notices in respect of
demolitions under Sections 80 and 81 of the Building Act 1984.
Executive 1.50
The service of Notices under Section 72 of the Building Act
1984 in respect of means of escape from fire.
Executive 1.51
To authorise the issue of Fire Safety Completion and
Regularisation Certificates in respect of works carried out under
Building Regulations.
Executive 1.52
To authorise the issue of Notices to open up works under
Regulation 18 of the 2010 Building Regulations and Section 36 of
the Building Act 1984.
Executive 1.53
Authorisation to consult, issue requirements and take appropriate
action in respect of applications on Licensing and the Safety at
Sports Grounds Legislation.
Executive 1.54
To authorise the issue of Notices under S.32 of the Building Act
1984.
Executive 1.55
To authorise the advertisement of applications submitted in
respect of relaxation and dispensation of Building Regulations
2010 requirements.
Executive 1.56
Authorisation to deal with relaxations, dispensations and
determinations in accordance with the Building Act 1984 and
Building Regulations 2010.
Executive 1.57
The power to appoint appropriately qualified outside bodies for
the purpose of carrying out those calculations and fire
engineered solutions required for the purposes of Building
Regulations in accordance with budgetary provisions.
Executive 1.58
Authorisation to serve Notices in respect of dangerous buildings
and structures in accordance with the provisions of the Building
Act 1984 and to appoint contractors, if necessary, to carry out
both work in default and emergency work.
Executive 1.59
Authorisation to approve street naming and numbering in
accordance with the Public Health Act 1925, Town Improvement
Clauses Act 1847 and Council Policy.
Executive 1.60
Authorisation to undertake work and form partnerships in
accordance with the Partner Authority Scheme.
Executive 1.61
Authorisation to set Building Regulation fees in accordance with
the Building (Local Authority Charges) Regulations 2010.
Executive 1.62
Authorisation to advertise changes to the Building Regulation
charges scheme.
Executive 1.63
The making of observations to the Licensing Authority on
applications relating to licensing of premises.
Executive 1.64
The authorisation to serve the necessary notices required under
the approved Inspector procedures, in accordance with Sections
47 to 53 of The Building Act 1984 and The Building (Approved
Inspectors etc.) Regulations 2010.
(e) The Registration of Land
Executive 1.65
Giving Certificates of Title to the Land Registrar in connection
with the Compulsory Registration of Title in respect of the sales
of property and the granting or assignment of long term leases.
13.11 ENVIRONMENTAL HEALTH MANAGER
Executive 1.1
The power to issue licences authorising the use of land as a
caravan site (site licences) under Caravan Sites and Control of
Development Act 1960
Executive 1.2
The power to issue licences the use of moveable dwellings and
camping sites under the Public Health Act 1936.
Executive 1.3
The power to approve the terms of and award the contract for
the provision of the Council's Dog Warden Service subject to
the financial implications relating thereto being within the
current estimate provision for the service.
Council
1.4
To determine written applications for the Council's consent to
the operation of certain loudspeaker uses in streets or roads, as
provided for within Schedule 2 of the Noise and Statutory
Nuisance Act, 1993.
Executive 1.5
To instigate legal proceedings or issue a formal caution for
environmental health, planning and Building Act offences in
accordance with the approved enforcement policy documents of
the service.
Executive 1.6
To instigate legal proceedings against all Hackney Carriage and
Private Hire Vehicle proprietors who, without reasonable cause,
fail to present their vehicles for mechanical examination in
compliance with prescribed written notice given by the Council's
authorised officers under the provisions of Section 50(1) Local
Government (Miscellaneous Provisions) Act, 1976.
Executive 1.7
To instigate legal proceedings against Hackney Carriage and
Private Hire Vehicles, Operations and Drivers in accordance
with the provision of the Local Government (Miscellaneous
Provisions) Act 1976 and Town Police Clauses Act 1847 &
1889.
Executive 1.8
To act as a Proper Officer to discharge the Council’s functions
in relation to Notable Diseases and food poisoning, the giving of
medical advice in relation to environmental health matters and
for the purpose of exercising those functions of the Council
under section 47 on the National Assistance Act 1948, the
National Assistance (Amendment) Act 1951, the Public Health
(Control of Diseases) Act 1984 and Health Protection
(Notification) Regulations 2010. Also to appoint Alternative
Proper Officers as may be required to discharge these duties.
Executive 1.9
The authorisation of officers for the enforcement of those
statutes listed within the Council's statutory functions and
without prejudice to the generality of the foregoing to authorise
officers engaged in Food Safety Enforcement duties under the
provisions of the European Communities Act, 1972 and all
relevant UK Food Law provisions.
Executive 1.10
To serve statutory notices under the provisions of the following
legislation and, where provided for, the carrying out of works in
default of compliance:
(i)
(ii)
(iii)
the appropriate provision of the Clean Air Act,
1993.
the appropriate provision of the Control of
Pollution Act, 1974.
the appropriate provision of the Prevention of
Damage by Pests Act, 1949.
Executive 1.11
The appropriate provisions of the Public Health Acts 1936 and
1961 and the Environmental Protection Act, 1990 relating to the
abatement of nuisances, the repair of property, the provision
and maintenance of adequate drainage and sanitation, the
emptying and repair of cesspools and the cleansing of filthy or
verminous persons, articles or premises.
Executive 1.12
The authorisation of officers for the enforcement of provisions of
the Noise Act, 1996, including the service of Night Noise fixed
penalty notices under Section 8 of the Act.
Executive 1.13
The appropriate provisions of the Local Government
(Miscellaneous Provisions) Act 1976 as to the provisions of
sanitary appliances and the removal of obstructions from
private sewers.
Executive 1.14
The provisions of Section 29 of the Local Government
(Miscellaneous Provisions) Act, 1982 relating to the protection
of unoccupied buildings.
Executive 1.15
The appropriate provisions of Part 3 of the Building Act, 1984
relating to drainage, the provision of sanitary conveniences,
buildings, yards and passages and defective, ruinous and
dilapidated buildings and neglected sites.
Executive 1.16
The provisions of the Local Government (Miscellaneous
Provisions) Act 1976 relating to requisitions for information as to
ownership of land or property, such information being
necessary to secure the enforcement of any legislation falling
within the duties and responsibilities which are administered
and enforced by the Head of Planning and Regulatory Services.
Executive 1.17
The power to authorise an application to the Magistrates’ Court
under the provisions of Section 140 of The Public Health Act
1936 for a hearing to determine the need for detecting that a
supply of water believed to be so polluted as to be prejudicial to
health be permanently or temporarily closed or cut off or the
water therefrom be restricted to certain uses only.
Executive 1.18
The approval of the offered terms of Rodent Control Contracts
as an alternative to the imposition of the Council's standard
charges for single pest control treatments.
Executive 1.19
The determination of applications under Section 4 of the Clean
Air Act 1993 (Installation of Boilers), Section 6 of the Clean Air
Act 1993 (Grit and Dust Equipment) and Section 15 of the
Clean Air Act 1993 (Height of Chimneys).
Executive 1.20
Be authorised to sign, on behalf of the Council, any Air Pollution
Control Authorisation approved by the Local Authority and all
other relevant notices, orders or requisitions for information
sought by the Authority and permitted to be served by the Local
Authority under Part 1, Environmental Protection Act 1990.
Executive 1.21
The authority to serve Enforcement, Prohibition and withdrawal
of Prohibition Notices under Sections 13 and 14 of the
Environmental Protection Act, 1990 in respect of Processes
Authorised by the Council for Air Pollution Control under
Section 6 Environmental Protection Act, 1990.
Executive 1.22
The authority to determine applications as required by the
provisions of the Environmental Protection (Authorisation of
Process) (Determination Periods) Order 1991 for the
authorisation of new Waste Oil Burners (having a net rated
thermal input not exceeding 0.4 m.w.) which are to operate
using waste oil generated by the applicant from his other
activities on the same site and which must be determined within
a two week period of the application being submitted.
Executive 1.23
Authority to determine applications for Air Pollution Control
authorisations, the variation of authorisations or the revocation
of an Authorisation previously granted.
Executive 1.24
The authority to serve notice on any person under Section 19,
Environmental Protection Act, 1990 and require such
information to be furnished within such period as is reasonably
considered is necessary to allow the Local Authority to properly
discharge its duties under Part 1 of the Act.
Executive 1.25
The duty to maintain a Public Register of Prescribed Processes
in accordance with the requirement of Section 20,
Environmental Protection Act, 1990 and the Environmental
Protection (Application, Appeals and Register) Regulations,
1991.
Executive 1.26
The authority under Paragraph 1 (3) Schedule 1 of the
Environmental Protection Act, 1990, to serve on behalf of the
Local Authority, a notice on any applicant seeking the Local
Authority's authorisation, for the purpose of securing additional
information to allow determination of the application.
Executive 1.27
The authority under the provisions of Section 22, to determine
the confidentiality of information submitted in support of any
application to the Local Authority, under the provisions of Part 1
and to serve any appropriate notice in this regard.
Executive 1.28
The authority to serve all appropriate notifications, as required
by the Environmental Protection (Applications, Appeals and
Registers) Regulations, 1991, where the Local Authority
receives notice of an appeal in respect of any of its decisions or
actions taken under Part 1.
Executive 1.29
To discharge, as the appointed Proper Officer, those functions
relating to stray dogs, found in the area of the Council, as
required by S.149 of the Environmental Protection Act, 1990.
Executive 1.30
To authorise specifically named employees of any appointed
agent of the Council to exercise those powers relating to
seizure, holding and disposal of dogs found to be straying
within the Council's area as conferred by S.149 and S.150 of
the Environmental Protection Act, 1990 and as appropriate to
their particular contracted function.
Executive 1.31
To approve the adoption, as an alternative to donation to the
Carlton Forest Rescue Centre, of stray dogs coming into the
Council’s control as a result of fulfilling the statutory duties
imposed by S.149 and S.150 of the Environmental Protection
Act. Such adoptions to be conditional upon the dog being
spayed or neutered and microchipped prior to release from the
Council’s care.
Executive 1.32
The granting of prior approval to construction site work under
the provisions of Section 61 of the Control of Pollution Act 1974.
Council
1.33
The granting of a site licence for a single caravan under the
provisions of the Caravan Sites and control of Development Act
1968 subject to the imposition of such conditions necessary to
comply with any current Model Standard issued by the
Department of the Environment.
Executive 1.34
Power to grant authorisation under Part II of the Regulation of
Investigatory powers Act 2000 for Directed Surveillance and the
use and conduct of Covert Human Intelligence Sources.
Council
1.35
To authorise the institution of legal proceedings under the
relevant provisions of the Food Safety Act 1990 and any
regulations or orders made under it.
Executive 1.36
The authorisation of persons to accompany Inspectors on visits
in accordance with Section 20(2)(c)(I) of the Health and Safety
at Work Act, 1974.
Executive 1.37
The authorisation of officers for the enforcement of provisions of
the Health Act 2006, including the issuing of fixed penalty
notices under Section 6, 7 and 8 of the Act
Executive 1.38
To approve and implement in line with the Scheme of
Delegation the Food Service Plan
13.12 MEDICAL OFFICER FOR ENVIRONMENTAL HEALTH (AND THOSE
DESIGNATED
AS
ALTERNATIVE
MEDICAL
OFFICERS
FOR
ENVIRONMENTAL HEALTH)
Executive 1.1
To act under the appropriate provisions of the National
Assistance Acts 1948 and 1951 in relation to the removal of
persons into care.
Executive 1.2
To issue notices under the Public Health (Infectious Diseases)
Regulations 1968 and 1965.
Executive 1.3
To act in respect of the control of notifiable diseases and food
poisoning in accord with the provisions of all appropriate
legislation currently in operation.
13.13 ENVIRONMENTAL HEALTH MANAGER, LICENSING TEAM LEADER
AND LICENSING OFFICER
Council
1.1
The registration of persons carrying on the business or
practices of acupuncture, tattooing, semi permanent skin
colouring, cosmetic piercing and electrolysis and of premises
used in connection therewith in accord with the provision of Part
VIII of the Local Government (Miscellaneous Provisions) Act
1982, as amended by the Local Government Act 2003.
Executive 1.2
The licensing of dog breeding establishments under the
provisions of the Breeding of Dogs Act 1973.
Council
The licensing of riding establishments under the Provisions of
the Riding Establishments Acts 1964/1970 subject to the result
of a satisfactory report thereon from the Council's consultant
veterinary surgeon.
1.3
Council
1.4
The licensing of pet shops under the provision of the Pet
Animals Act 1951.
Council
1.5
The licensing of animal boarding establishments under the
provisions of the Animal Boarding Establishment Act 1963
subject to the result of a satisfactory report thereon from the
Council's consultant veterinary surgeon.
Council
1.6
The granting of a licence to keep a prescribed dangerous wild
animal under the provisions of the Dangerous Wild Animals Act
1976 subject to the result of a satisfactory report thereon from
the Council's consultant veterinary surgeon.
Executive 1.7
Licensing establishments for massage and/or special treatment
under the Nottinghamshire County Council Act 1985, subject to
the result of a satisfactory report thereon from the Police
Authority.
Council
To grant, renew and transfer licences and registrations or give
consents or approvals as appropriate under the following:
Council
1.8
(i)
The granting of Permits for House to House Collection
under the House to House Collections Act 1939.
(ii)
The issue of permits for street collections under Police,
Factories etc. (Miscellaneous Provisions) Act 1916.
(iii)
The registration of Scrap Metal Dealers and Premises
under the Scrap Metal Dealers Act 1964.
(iv)
To grant, renew, refuse or suspend licenses for Drivers
of Hackney Carriage and Private Hire Vehicles under
the provisions of the Local Government (Miscellaneous
Council
Council
Council
Provisions) Act 1976.
Council
(v)
To grant, renew, replace, transfer or suspend licences
for Private Hire Vehicles under the provisions of the
Local Government (Miscellaneous Provisions) Act 1976.
Council
(vi)
To grant, renew, transfer or suspend licences for
Hackney Carriages under Town Police Clauses 1847 as
amended by the Public Health Act 1875 and the
Transport Act 1985 and the Local Government Act
Miscellaneous Provisions1976.
(vii)
To grant, renew, refuse or suspend licences for drivers
of Hackney Carriages and Private Hire Vehicles under
the provisions of the Local Government (Miscellaneous
Provisions) Act 1976.
(viii)
The licensing of Private Hire Operators under the Local
Government (Miscellaneous Provisions) Act 1976.
(ix)
The power to grant new licences for Hackney Carriage
Vehicles meeting the prescribed specification.
Council
Council
Council
Council
1.9
The authorisation of officers from Ashfield District Council to act
under the relevant provisions of the Local Government
(Miscellaneous Provisions) Act, 1976 and the Town Police
Clauses Act 1847 and any associated regulations.
Council
1.10
The grant, variation, transfer and renewal of licenses for Sex
Establishments and regulation of Sexual Entertainment Venues,
where no representations have been received, under the Local
Government (Miscellaneous Provisions) Act 1982 as amended
by the section 27 of the Policing and Crime Act 2010.
Council
1.11
The grant of a licence in instances where no objections have
been received under the provisions of the Motor Salvage
Operators Regulations 2002.
Executive 1.12
The issue of a notice of cancellation under the provisions of the
Motor Salvage Operators Regulations 2002.
Executive 1.13
The issue of a notice of refusal following objections from the
Police under the provisions of the Motor Salvage Operators
Regulations 2002.
Executive 1.14
The licensing of Street Trading under part iii of the Local
Government (Miscellaneous Provisons) Act 1982.
Executive 1.15
To impose the same conditions/requirements that have
previously been determined by a Licensing Panel on a vehicle
which does not meet the Specifications for the same reasons.
13.14 HEAD OF PLANNING, COMMUNITY SAFETY AND REGULATORY
SERVICES, ENVIRONMENTAL HEALTH MANAGER, LICENSING TEAM
LEADER AND LICENSING OFFICER.
Council
1.1
The Licensing of applicants for Personal Licences under the
provisions of the Licensing Act 2003 in instances where no
representation has been received.
Council
1.2
The grant of premises licences/club premises certificates under
the provisions of the Licensing Act 2003 in instances where no
representations have been received.
Council
1.3
The grant of a provisional statement under the provisions of the
Licensing Act 2003 in instances where no representations have
been received.
Council
1.4
The grant of an application to vary a premises licence/club
premises certificate under the provisions of the Licensing Act
2003 in instances where no representations have been
received.
Council
1.5
The grant of an application to vary a designated premises
licence holder under the provisions of the Licensing Act 2003 in
instances where no representations have been received.
Council
1.6
The grant of a request to be removed as a designated premises
supervisor under the provisions of the Licensing Act 2003 in
instances where no representations have been received.
Council
1.7
The grant of an application for the transfer of a premises
licence under the provisions of the Licensing Act 2003.
Council
1.8
The grant of an interim authority under the provisions of the
Licensing Act 2003 in instances where no representations have
been received.
Council
1.9
Application for the mandatory alcohol condition under the
Licensing Act 2003 requiring a Designated Premises
Supervisor in respect of a Premises Licence to be disapplied.
Executive 1.10
To acknowledge receipt of a temporary event notice.
Executive 1.11
To serve a counter notice to the temporary event submitted in
the event of representations from the police or temporary event
limitations have been exceeded.
Executive 1.12
Decision on whether a complaint or representation is irrelevant,
frivolous, vexatious or repetitious.
Executive 1.13
The authorisation of officers for the purpose of inspection and
enforcement of the provisions of the Licensing Act 2003.
13.15 COMMUNITY SAFETY MANAGER
Executive 1.1
The service of enforcement notices and related notices, to
undertake legal proceedings as appropriate for non-compliance
with any type of legal notice.
Executive 1.2
Authorisation to enter into arrangements with partners to
undertake CCTV monitoring and management services within
and beyond the Council’s administrative boundary.
Executive 1.3
Power to authorise the access to CCTV data for both internal
and third party investigatory purposes.
13.16 HEAD OF HOUSING
Executive 1.1
To exercise the powers of the Council under the Protection
from Eviction Act 1977, The Housing Act 1985 and the Building
Act 1984.
Executive 1.2
The authorisation for a Warrant for Distraint for rent arrears.
Executive 1.3
To add or exclude companies from the Council’s Approved
Select Tender Lists.
Executive 1.4
The carrying out of alterations, improvements and/or
extensions of any existing building or premises in the
ownership of the Council (or of any Joint Committee) as
freeholders or lessees.
Executive 1.5
The service and enforcement of statutory notices under the
provisions of Part I Housing Act, 2004 (Notices in respect of
Category 1 and 2 Hazards in All Dwellings).
Executive 1.6
To order works in default of Notices in respect of Category 1
and 2 Hazards in all dwellings under Part I Housing Act, 2004
(Non-compliance with Notices).
Executive 1.7
The enforcement of notices serviced under the Building Act,
1984 and Public Health Act, 1936 in cases of non-compliance
with Repair Notices.
Executive 1.8
To award heating refunds which are directly attributable to the
loss of District Heating and Hot Water Supply for a period in
excess of one week.
Executive 1.9
The letting of properties outside the choice based allocation
system where there is a medical, management or social
requirement.
Executive 1.10
The determination of all applications for the erection of
temporary buildings within the curtilage of Council houses.
Executive 1.11
The approval of applications for any form of financial
assistance made under the policy adopted under the
Regulatory Reform Act 2002 and any consequential action.
Executive 1.12
The determination of the Right to Buy and the discount
applicable in accordance with the Housing Act 1985.
Executive 1.13
To accept the valuation of a qualified Valuer in relation to the
sale of council houses and assets.
Executive 1.14
The determination of assistance given under Homelessness
Act 2002.
Executive 1.15
To negotiate and accept the terms of the leasing of properties
from the private sector in accordance with Council policy.
Executive 1.16
To act on behalf of the Council with delegated powers as
“Contract Administrator/Architect” to administer Contracts
entered into under the Joint Contracts Tribunal for the
Standard Form of Building Contract.
Executive 1.17
Authorisation to appoint Consultants and Contractors to
undertake feasibility, design, supervision and implementation
of projects in the Council’s approved capital programme.
Executive 1.18
Affix a Notice Board near where a horse is tethered which will
give advice to the owner of the council’s intention to detain and
sell, if the horse is not removed within 7 days of the Notice
being erected adjacent to the tethered horse. Submit a
newspaper advertisement to the local newspapers informing of
the Council’s intentions.
Executive 1.19
Sale of “improvement for sale” houses, providing the offer is
greater than 95% of the valuation and purchase/exchange of
properties in pursuance of objectives for an approved
regeneration or redevelopment scheme.
Executive 1.20
In consultation with the Corporate Director Housing and
Environment, to settle, on reasonable Terms, any outstanding
claims in respect of termination of heat supply contracts with
the Council’s customers.
Executive 1.21
The acceptance of a qualified Valuer’s reports in respect of
land and properties in any approved development or redevelopment scheme.
Executive 1.22
To institute legal proceedings under Section 1 of the Crime
and Disorder Act 1998 (as amended) for Anti-Social Behaviour
Orders (interim or full); and to apply to court or to support other
community agencies, including the Police, as appropriate, to
obtain local child curfews and other enforcement measures
provided for by the Crime and Disorder Act 1998.
Executive 1.23
To authorise the application for injunctive relief at Court under
Section 152 and Section 153 of the Housing Act 1996 and/or
at common law, either in self-standing proceedings or as
ancillary remedy in other court proceedings.
Executive 1.24
To authorise applying for an injunction under Section 222 of
the Local Government Act 1972 in relation to Housing
management matters.
Executive 1.25
To authorise the referral of cases for possession action to the
Council’s legal services provider.
Executive 1.26
Approval to Evict under Ground 1 and 2, Schedule 2 of the
Housing Act 1985.
Executive 1.27
The authorisation of grants to recognised tenants or
community organisations in accordance with the Tenants
Compact.
Executive 1.28
To submit bids to appropriate organisations for funding to
support the delivery of the Housing Strategy, Private Sector
Housing Renewal Strategy, Homelessness Strategy and
associated sub-strategies adopted by the Council.
Executive 1.29
To support bids to the Homes and Communities Agency (HCA)
made by organisations in furtherance of the delivery of the
Housing Strategy.
Executive 1.30
To be an authorised signatory on behalf of the Council to
authorise and submit Officer’s Certificates in respect of funding
agreements with the Homes and Communities Agency (or its
successor).
Executive 1.31
In respect of approved housing policies, to make minor policy
amendments which do not affect the broad thrust of policy
direction.
13.17 LANDLORD SERVICES MANAGER
Executive 1.1
Authority to institute possession proceedings on management
grounds in respect of all dwellings.
Executive 1.2
The authorisation of the service of notices seeking possession
proceedings on management grounds.
Executive 1.3
Disputes or where the Officers wished to grant in excess of
£90.00 for decoration purposes.
Executive 1.4
To approve the use of up to £500 incentives for individual
difficult to let properties as they arise.
Executive 1.5
The issue of all recovery action against tenants in rent arrears,
and former tenants’ arrears including the cancellation of nonessential costs such as tenants insurance, garage tenancies
and the recommendation of cases for distraint.
Executive 1.6
The issue of recovery action in connection with former tenants'
arrears.
Executive 1.7
Authority to determine all exchanges of tenancies which have
been received by the Council.
Executive 1.8
Issue of District Heating and Tenancy Charges Refunds.
Executive 1.9
The authorisation of the service of Notices Seeking
Possession on tenants in arrears or where evidence exists of
other breaches of Tenancy Conditions/Agreement.
Executive 1.10
To institute legal action in respect of Section 74 of the Housing
Act 1985 and Section 84 of the Housing Act 1985 Schedule 2
Ground 5.
Executive 1.11
To serve Notice of Seeking Possession and to institute
proceedings under Ground 1 (rent arrears or breach of other
condition) or Ground 8 (decants) of Schedule 2 of the Housing
Act 1985.
Executive 1.12
The undertaking of repairs, alterations and improvements to
Council Housing.
Executive 1.13
To serve Notices to Quit and to institute possession
proceedings in respect of non-secure tenancies.
Executive 1.14
To serve Notices to Determine in respect of Licences and to
institute possession proceedings for non-secure licences and
to institute possession proceedings under Ground 1 of
Schedule 2 of the Housing Act 1985 for secure licences.
Executive 1.15
To serve Notices to Determine in respect of secure licences
and Notices Seeking Possession on secure tenancies under
Ground 2 (nuisance) of Schedule 2 of the Housing Act 1985.
Executive 1.16
To serve Notices under Grounds 1-8 Schedule 2 of the
Housing Act 1985.
Executive 1.17
Issue appropriate notices and enter appropriate cases into
County Court against anyone who occupies Council premises
without a written tenancy agreement.
Executive 1.18
Authorisation to take appropriate action in cases involving
tolerated trespassers.
Executive 1.19
To authorise the settlement or defence (including
counterclaims) of cases brought by tenants against the Council
under Section 11 of the Landlord and Tenant Act, 1985.
Executive 1.20
The letting of all premises under the choice based allocation
system.
13.18 STRATEGIC HOUSING MANAGER
Executive 1.1
The certification for payments of any form of financial
or other assistance made under any policy adopted
under the Regulatory Reform Order 2002 and any
consequential action.
Executive 1.2
In connection with clearance of Regeneration
Schemes, the certification for payment of any form of
home loss and disturbance payments (including legal
costs) made under the Land Compensation Act 1973
(as amended).
Executive 1.3
The refusal to provide financial or other assistance or
the ability to reduce any form of financial assistance
made under the policy adopted under the Regulatory
Reform Order 2002 and any consequential action.
Executive 1.4
The demanding of repayment of any form of financial
assistance made under the policy adopted under the
Regulatory Reform Order 2002 and any consequential
action.
Executive 1.5
Legislation arising from Part III of the 1984 Building Act
insofar as it relates to the repair of dwellings.
Executive 1.6
To institute legal proceedings under Section 7 of the
Landlord and Tenant Act 1985 in respect of offences
under Sections 4, 5 and 6 and Landlord and Tenant Act
1987 S10A relating to the disposal of premises in which
tenants have first refusal.
Executive 1.7
Investigation as to illegal eviction and harassment
under the 1977 Protection from Eviction Act and the
Caravan Sites Act 1968, Part 1 and any consequential
action.
Executive 1.8
The granting or refusal of licences for houses in
multiple occupation and the making of licence charges
under Part 2 of Housing Act 2004.
Executive 1.9
The Service of Notices and the taking of any
consequential action under the Management of Houses
in Multi-Occupation (England) Regulations 2006.
Executive 1.10
The service of Notices under Section 80,
Environmental Protection Act 1990 and the taking of
any consequential action insofar as it relates to
dwellings in such a state as to be statutory nuisance
and/or prejudicial to health.
Executive 1.11
Investigations, service of Notices (including the making
of Prohibition Orders and Demolition Orders) and the
taking of any consequential action under Parts 1 and 7
of the Housing Act 2004. Notification in respect of
Prohibtion Orders and Demolition Orders to be made to
the appropriate Ward Members.
Executive 1.12
The restoration or continuation of electricity, gas or
water supplies where appropriate in a privately
tenanted dwelling and any consequential action
(including instituting legal proceedings) in accordance
with section 33, Local Government (Miscellaneous
Provisions) Act 1976 .
Executive 1.13
To make charges for Enforcement, together with all
consequential action as specified under Part I of
Housing Act, 2004.
Executive 1.14
The Strategic Housing Manager, in accordance with
Part I, Section 4 of the Housing Act, 2004, to act as the
Proper Officer in respect of making a written report to
the Authority whenever it is identified that a Category 1
or 2 hazard exists in any dwelling in the District.
Executive 1.15
The appropriate provisions of the Local Government
(Miscellaneous Provisions Act 1976 relating to
requisition for information as to the ownership of land
or property.
Executive 1.16
The approval of applications for any form of financial
assistance or other Assistance made under any policy
adopted under the Regulatory Reform Order 2002 and
any consequent action.
Executive 1.17
The making of interim and final Orders (management
or otherwise) under Part 1V of the Housing Act 2004
and the taking of any consequential action.
Executive 1.18
The service of notices under Part IV of Housing Act
2004 relating to overcrowding and the taking of any
consequential action.
Executive 1.19
The provisions of Section 29 Local Government
(Miscellaneous Provisions) Act 1982 relating to the
protection of unoccupied residential buildings.
Executive 1.20
To serve notice and authorise legal proceedings under
Section 215 of the Town and Country Planning Act,
1990, in respect of the proper maintenance of land inso
far as it relates to empty residential properties in the
private sector.
13.19 CORPORATE ASSET MANAGER
Executive 1.1
The agreement to award property discretionary grants of up
to £1,000.
Executive 1.2
To vary the terms of existing leases to the effect that the
insurance of plate glass becomes the sole responsibility of
lessees.
Executive 1.3
Renewal of leases for electricity sub-stations.
Executive 1.4
Sale of mortgage repossessions.
Executive 1.5
Certification of proposed assured shorthold tenancy on live-in
accommodation sub-lets by Commercial tenants subject to
adequate financial references and rent restriction.
Executive 1.6
To agree terms, subject to financial provision having been
made for the acquisition of land and property by agreement
or under a Compulsory Purchase Order of any interest in
property including freehold ground rents, the purchase of
which has been authorised by the Authority without limit as to
the value of the purchase.
Executive 1.7
To agree terms, without limit, but subject to financial provision
having been made for the acquisition of properties which the
Council are obliged to acquire under the provisions of Section
137 and 150 of the Town and Country Planning Act, 1990,
subject to the Head of Finance, Property and Revenue
Services being informed.
Executive 1.8
To agree appropriations of land or property into and out of the
General rate Fund and the Housing Revenue Account.
Executive 1.9
To accept offers to purchase properties being sold by the
Council as mortgagee in possession in circumstances where
the outstanding debt is not covered by the proposed sale
price provided s/he is satisfied that such offer is the best that
can be reasonably be expected.
Executive 1.10
To approve and pay statutory compensation to business
tenants in accordance with the Landlord and Tenant Act,
1954.
Executive 1.11
To deal with all claims for compensation arising out of the
implementation of confirmed Compulsory Purchase Orders,
Home Loss payments under the provisions of Section 29 of
the Land Compensation Act, 1973.
Executive 1.12
To determine the method of disposal of land and premises
and to establish the appropriate reserve price to be paid.
Executive 1.13
To agree terms of disposal for the generation of capital
receipts, without limit where the land or building is subject to
competitive bids, and the highest bid is to be accepted.
Executive 1.14
To agree other private treaty disposals up to a limit of
£100,000.
Executive 1.15
To sell freehold reversionary interests under the provisions of
the Leasehold Reform Act, 1967 and the Leasehold and
Commonhold Act 2002.
Executive 1.16
To authorise lessees to enter prior to the completion of legal
documents in cases where the Head of Housing considers
this to be appropriate in respect of lands and buildings in the
ownership or control of the Council.
Executive 1.17
Power to declare investment property as surplus and to sell it
on the open market, or to a third party, without any limits in
terms of value.
Executive 1.18
Granting of consent as landlord to proposed assignments of
leases and sub-leases and the granting of sub-leases and
any associated reviews or changes. Before a decision shall
be made where a controversial use is proposed or refusal of
consent is recommended the relevant Portfolio Holder will be
briefed about the proposal.
Executive 1.19
The giving of approval on behalf of the Council in its capacity
as ground landlord and/or mortgagee for the making of
alterations, extensions, and additions to and the change of
use of premises subject to any planning and building
regulations approval being obtained and any cases where a
refusal of consent is recommended or the matter is of a
controversial nature being referred to the Executive.
Executive 1.20
The giving of approval on behalf of the Council in its capacity
as ground landlord to building plans for which planning
permission has already been granted.
Executive 1.21
To appoint, in the event of agreement not being reached on a
revised rental in respect of any lease of Council land or
premises, an arbitrator or independent surveyor to determine
such revised rental and to pay any fee or costs arising from
such determination.
Executive 1.22
Powers in respect of the approval of changes in name from
those originally approved by the Council in respect of
transactions relating to lands and buildings in the ownership
or control of the Council.
Executive 1.23
To take appropriate action to enforce the prohibition of oneday sales in properties under the jurisdiction of the Council
including properties held on a lease or tenancy from the
Council where the Council may under the terms of the lease
or tenancy prohibit use of the property for this purpose.
Executive 1.24
To grant or refuse consent for the future erection of fences
and realignment of existing fences in cases where planning
permission is not required (non Housing).
Executive 1.25
To agree to lifting non-contentious covenants in consultation
with the Head of Finance,Property and Revenue Services
Executive 1.26
To take all necessary measures to prevent vandalism of
buildings belonging to or under the control of the Council
which are to be vacated or which are to be acquired where
immediate occupation is not involved.
Executive 1.27
To enter into agreements jointly with leaseholders of Council
owned land and buildings relating to the provision of
highways, sewers, water supply and other services.
Executive 1.28
To declare surplus to requirements any commercial property
held in the Housing Revenue Account.
Executive 1.29
To apply to the Secretary of State for consent in any case
where a specific consent for disposal of land is necessary
where the disposal has been authorised by the Executive.
Executive 1.30
To serve statutory and common law notices.
Executive 1.31
To make applications for planning permission in respect of
the proposed developments affecting lands or buildings in the
ownership or control of the Council and lands and buildings in
which the Council has a potential interest.
Executive 1.32
To sign the appropriate notices in connection with appeals
made. To make appeals against rating assessments and
Council tax assessments on Council land and buildings and
to agree amended assessments. Reports to the Executive to
be limited to cases where the Head of Finance, Property and
Revenue Services considers the Council should appeal to the
Lands Tribunal against an assessment.
Executive 1.33
To accept the surrender of short-term tenancies and leases
of Council land and premises, including any tenancy
continuing the term of an expired lease provided this is in the
interests of the Council.
Executive 1.34
To approve all right to buy valuations.
Executive 1.35
The power to give or authorise the giving of notices or take
any other action under Section 41 of the Local Government
(Miscellaneous Provisions) Act 1982 (lost and uncollected
property on buildings or premises owned or managed by the
Council).
Executive 1.36
To represent and bid on behalf of the Authority at auction (up
to a pre-agreed limit) for the acquisition of land and property.
Executive 1.37
The agreement to terms and conclusion of property
transaction including rent reviews with an annual rent or
licence fee less than £50,000 per annum exclusive.
Council
1.38
To formulate and administer the Council’s Planned
Preventative Maintenance Programme for all Corporate
Properties.
Executive 1.39
Power to Authorise emergency repairs to Council Operational
Properties and commit expenditure from the Council’s
Planned Preventative Maintenance Budget.