EAST AYRSHIRE COUNCIL
COUNCIL MEETING - 27 JUNE 2013
REVIEW OF THE SCHEME OF DELEGATION AND ADMINISTRATION
Report by the Executive Director of Finance and Corporate Support
1.
PURPOSE OF REPORT
1.1
To submit, both for the information and consideration of Council, a draft
consolidated Scheme of Delegation and Administration to take cognisance of
changes already agreed through Cabinet/Council since the last review and
further proposed changes in light of operational experiences.
2.
BACKGROUND
2.1
Regular reviews of the Scheme of Delegation and Administration are
undertaken and amendments made in response to operational need and
legislative requirements. The last review of the Scheme of Delegation and
Administration took place in June 2012.
2.2
Further changes have been agreed through Cabinet and subsequently agreed
by Council since June 2012 which have now been consolidated within the
draft Scheme (shown in italics).
2.3
The draft Scheme also reflects a number of amendments in light of
operational requirements and Appendix 1 summarises these proposed
amendments. The proposed amendments are incorporated in the draft
Scheme (shown bold and italics).
3.
FINANCE/POLICY/COMMUNITY PLANNING IMPLICATIONS
3.1
None arising directly from this report.
4.
LEGAL IMPLICATIONS
4.1
Under Section 56(1) of the Local Government (Scotland) Act 1973, as
amended, East Ayrshire Council is empowered to discharge its functions
through Committees, Sub-Committees or authorised Officers and in doing so
sets out those duties within a Scheme of Delegation and Administration,
approved from time to time by the Council.
5.
RECOMMENDATIONS
5.1
It is recommended that Council:(i)
consider and approve, those proposed revisions for additional
delegation of authority detailed within Appendix I and adopt the
enclosed consolidated and revised Scheme of Delegation and
Administration; and
(ii)
otherwise, note the contents of the report.
Alex McPhee
Executive Director of Finance and Corporate Support
19 June 2013
JMcG/SR
LIST OF BACKGROUND PAPERS
1.
Submissions from Service Departments.
Any person wishing to inspect the background papers relative to this report should
contact Julie McGarry, Administration Manager, on Telephone Number (01563)
576147. Any person wishing further information on this report should contact Julie
McGarry, Administration Manager, on Telephone Number (01563) 576147.
Implementation Officer: Julie McGarry, Administration Manager.
APPENDIX I
CHANGES TO THE SCHEME OF DELEGATION
PAGE NO/PARAGRAPH
Introduction (iii)
DESCRIPTION
Departmental Structure Chart Educational & Social Services Deleted Services (shown strike through)
added Vibrant Communities (shown bold
and italics).
Neighbourhood Services - Delete
Leisure Services (shown strike through) will transfer to the East Ayrshire Leisure
Trust on 1 July 2013.
Local Offices/Registration Services Transferred to Housing and Environment
Services.
Sports,
Play
&
Health
Development/Walking Development transferred to Vibrant Communities.
Introduction (iv)
Chief Officer Staffing Structure Delete Head of Leisure Services (shown
strike through) - will transfer to the East
Ayrshire Leisure Trust on 1 July 2013.
Pages 2 & 3
Portfolio Remits - Name changes to
reflect Vibrant Communities
Page 27
Other Statutory Appointments District Court (Scotland) Act 1975 Deleted (shown strike through) transfer
of responsibility to Scottish Court
Service.
Page 28
Social Work (Scotland) Act 1968
(Children (Scotland) Act 1995 - Clerk
to the CPAC - Deleted as legislation has
changed (shown strike through).
Pages 31, 33 & 57
Panel of Safeguarders - Act repealed
therefore no longer applies (shown strike
through).
Pages 32, 33 & 67
Match Fund - responsibility transferred
from Head of Planning and Economic
Development to Head of Democratic
Services (shown strike through, bold and
italics, where appropriate).
Page 40
Dairy Products (Hygiene) (Scotland)
Regulations 1995, The Ice Cream
(Scotland) Regulations 1948 - Deleted
(shown strike through). Legislation has
been revoked.
Page 41
Food Hygiene (Scotland) Regulations
2006 - New para added (shown bold and
italics).
Page 43
Food Hygiene (Scotland) Regulations
2006 - Text added (shown bold and
italics).
Page 45
Designated Environmental Health
Officer to Lead Food Safety within the
Authority - Para updated (shown strike
through and bold and italics).
Page 47
Special Leave - Delete reference to
consultation
with
appropriate
Spokespersons (shown strike through).
Page 55
Child Care and Family Matters Kinship Care Payments - inserted
(shown bold and italics).
Provision of external providers of
residential care for children - limit
increased from £5,000 per week to
£6,000 per week (shown strike through,
bold and italics).
Page 57
Payment to Foster/Children’s Carers Additional sentence added regarding
placements (shown bold and italics).
Adoption and Children (Scotland) Act
2007 - Reference added (shown bold
and italics).
Care Homes - Additional paragraph
added regarding purchase of goods and
services (shown bold and italics).
Page 58
Provision of Social Work Services to
Individuals - Limits increased from
£50,000 to £100,000 (shown strike
through, bold and italics).
Pages 60, 63 & 67
Developers Contribution Fund Deleted Head of Leisure - Add Economic
Development Manager (shown strike
through, bold and italics, where
appropriate).
Page 62
Head of Housing & Environment
Services - Double Charge for Burials Delete bullet point (shown strike through)
Page 62
Head of Leisure
Refuse Disposal (Amenity) Act 1978 Delete
(shown
strike
through).
Responsibility now with Head of Housing
& Environment Services.
Pages 62 & 65
Land Reform (Scotland) Act 2003 Delete
(shown
strike
through).
Responsibility now with Head of Planning
and Economic Development.
Page 66
Business
Support
Financial
Assistance - Limits increased from
£50,000 to £100,000 (shown strike
through, bold and italics).
Page 68
Flood Prevention - Additional
added (shown bold and italics).
Page 71
Traffic Management - Insert reference
to “Regulation” and “Speed Limit Orders”
(shown bold and italics).
Updated: 20 June 2013
SR
text