Part 3 Responsibility for functions - Civicamidsussex.moderngov.co.uk/documents/s8928/Part 3... · 2021. 2. 8. · 38 May 2020 Part 3 Responsibility for functions Page 1.0 Commentary

38 May 2020

Part 3

Responsibility for functions

Page

1.0 Commentary 39

2.0 Committees of Full Council 40

2.2 Three Scrutiny Committees 40

2.3 Audit Committee 40

2.4 Planning Committee and District Planning Committee 40

2.5 Licensing Committee 41

2.5.1 Licensing Sub Committee A 42

2.5.2 Other Licensing Sub-Committees 42

2.6 Standards Committee 42

2.7 Traffic Management Act 2004 44

2.8 The Greater Brighton City Deal 44

2.9 Coast to Capital Joint Committee 44

3.0 Officers 44

4.0 The Cabinet 44

Schedule Allocation of functions within the Cabinet 46

Annex A Scheme of Delegation to Officers 49

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1.0 COMMENTARY

1.1 The Council is established by an Act of Parliament (Local Government Act 1972). Its functions are set down in diverse legislation.

1.2 In this Constitution each of the Council’s functions is clearly allocated to a specific

part of the Council, being:-

The Full Council

The Cabinet or an individual Member of it

A Committee of the Full Council

An officer of the Council. 1.3 The Full Council has the following Committees and Sub-Committees which report to

it:- Three Scrutiny Committees Audit Committee Planning Committee District Planning Committee Licensing Committee Licensing Sub Committee A Standards Committee

The Planning Committee, District Planning Committee and the Licensing Committee are also known as “Regulatory Committees”.

1.4 The Council also appoints an Appeals Panel of Members from which Councillors will

be selected by the Monitoring Officer to deal with appeals against decisions of any part of the Council where such appeals are provided for by legislation or adopted procedures of the Council. These appeals are dealt with by three Members and the Monitoring Officer has the authority to select Members on a case-by-case basis and to determine the procedure to be followed. The Standards Committee has assessment, review and hearing sub-committees to which three Standards Committee members are appointed by the Monitoring Officer. Licensing Act and Gambling Act applications are heard by three members of the Licensing committee selected by the Monitoring Officer.

1.5 Certain functions are reserved to the Full Council and these are set out in Article 4.

The remaining functions are allocated below.

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2.0 COMMITTEES OF FULL COUNCIL 2.1 Each Committee is authorised to exercise such powers and duties as are delegated

to it by the Council and shall act within the plans, policies, strategies and budgets approved by the Council.

The following functions may not be delegated: -

(a) To approve any matter which the Council is required by statute to approve.

(b) To decide the major policies or objectives of the Council, and specifically to

approve the budget and financial strategies, and the plans and strategies listed in Article 4 under Policy Framework.

(c) Amendments to Procedural Standing Orders, Financial Procedure Rules,

Contract Procedure Rules, or the Terms of Reference of Committees.

(d) The right to dissolve a Committee or alter its membership or terms of reference. This right does not apply to the Cabinet or to any Panel/Forum or Committee appointed by the Cabinet.

2.2 Three Scrutiny Committees

These Committees have 15 members and the functions set out in Article 6 and Part 4(v) of this Constitution.

2.3 Audit Committee

The Committee has seven members and reports to Council. Its function is to serve as the Audit Committee for the purposes of the CIPFA Code of Practice for Internal Audit in Local Government 2003 as amended from time to time.

2.4 Planning Committee and District Planning Committee

There is one Planning Committee known as The Planning Committee and a further District Planning Committee, both of which can deal with planning applications or other planning matters from across the District. Cabinet Members cannot serve on the District Planning Committee and there are no substitutes.

Each Committee has 12 members drawn from across the District and has the following functions, save where the Officer Scheme of Delegation provides for them to be exercised by an officer: -

(a) Subject to paragraph (e) below. To (i) determine all

applications/notifications and related planning enforcement matters; and (ii) undertake site specific Development Control procedures pursuant to the Planning Acts and related legislation, orders and directions within the District.

(b) All other functions relating to town and country planning development control

as specified in Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 including enforcement, and all powers under the Planning Acts to obtain information as to interests and particulars of persons interested in land.

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(c) To determine such applications as are presented to them for planning permission made by the Council to which Regulation 3 of the Town and Country Planning General Regulations 1992 applies.

(d) To determine such matters as are presented to them relating to the control of

advertisements, the preservation of trees, buildings and important hedgerows, the creation extinguishment or diversion of public highways affected by development and the service of purchase notices and notices as to waste land and decisions on high hedges complaints and street naming.

EXCEPTION

(e) The District Planning Committee with 12 members shall deal with

applications where an application consists of 50 or more residential units, more than 2,000 square metres of other development or where the Chairman and Vice-Chairman of a Planning Committee refer it to the District Committee before any decision is taken by the respective Planning Committee. The Chairman and Vice-Chairman can refer down to the Planning Committee any application which appears straightforward in nature in consultation with the Cabinet Member for Housing and Planning.

2.5 Licensing Committee

The Licensing Committee has 15 Members and has the following functions, save where the Officer Scheme of Delegation provides for them to be exercised by an officer. There are no substitutes on the Licensing Committee.

(a) All functions relating to Licensing and Registration as set out in Schedule 1 of

the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, including enforcement and all functions under the Licensing Act 2003 and the Gambling Act 2005.

(b) All functions under any of the “relevant statutory provisions” within the

meaning of Part 1 (health, safety and welfare in connection with work, and control of dangerous substances) of the Health and Safety at Work Etc. Act 1974, including enforcement, to the extent that those functions are discharged otherwise than in the Council’s capacity as an employer.

(c) The enforcement of the legislative controls relating to: -

Contaminated Land in Part II of the Environmental Act 1995 and associated Regulations; and

Control of pollution and the management of air quality pursuant to the Control of Pollutions Act 1974, as amended, the Environmental Protection Act 1990 and the Clean Air Act 1993.

(d) In particular the Committee will consider and determine

(i) Applications relating to licences, permits, approvals, orders, consents

or similar authorisations, under the above provisions where the Environmental Health Manager considers that the matter merits the Committee's attention.

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(ii) Amendments to the hackney carriage fare tariff.

(iii) The introduction of or amendments to licence conditions.

(iv) All matters under the Licensing Act 2003 and The Gambling Act 2005.

(v) Applications relating to Sex Establishments.

(e) The Committee does not formulate new policy. 2.5.1 Licensing Sub Committee A

Licensing Sub Committee A consists of five Members from the Licensing Committee and performs the following functions: Amendments to the hackney carriage fare tariff and the introduction of or amendments to licence conditions and the determination of hackney carriage and private hire licence applications, reviews, suspensions or revocations and all matters requiring a hearing under the Scrap Metal Dealers Act 2013. Substitutes from the Licensing Committee are permitted.

2.5.2 Other Licensing Sub-Committees

All 15 members of the Licensing Committee shall be eligible to sit on three person panels to decide matters under the Licensing Act 2003, the Gambling Act 2005 and the Sex Establishment applications. The Solicitor and Head of Regulatory Services has authority to decide the make up of such panels.

2.6 Standards Committee

The Committee has 10 members (6 District and 4 from Parish/Town) and exercises the following functions without substitutes:

a. To advise the Council on the adoption and revisions of a Members Code of

Conduct which properly incorporates the Mandatory elements of the Statutory (Model) Code.

b. To advise on the discretionary elements of the Members' Code of Conduct

including monitoring and updating.

c. To advise, train or arrange to train councillors and co-opted members on matters relating to the Members' Code of Conduct.

d. To consider and determine requests from any member or co-opted member

of the authority who has a financial or other interest which would prevent or restrict them participating in any business before the Council for a dispensation, in accordance with any regulations issued by the Secretary of State governing such dispensations.

e. To deal with any reports from the monitoring officer or his appointee on any

matter, which is referred for investigation.

f. To carry out the assessment, review and hearings functions pursuant to the procedure for complaints alleging breach of the Members Code of Conduct.

g. To monitor the Member/Officer Protocol and advising the Council on any

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amendment or revision of the Protocol.

h. To advise the Council on the adoption or revision of any other protocols which may be considered necessary or desirable to ensure that the aims and principles of the Constitution are given full effect.

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2.7 Traffic Management Act 2004

The adoption of the provisions under Part 6 of the Traffic Management Act 2004.

2.8 The Greater Brighton City Deal

2.8.1 The Council is part of the Greater Brighton Economic Board whose over-arching purpose is to bring about sustainable economic development and growth across the Greater Brighton region. The Council is represented on the Board by the Leader of the Council. The Board decisions are subject to call-in provided they have been opposed by the Leader of the Council. 2.8.2 The Council is also represented on the Greater Brighton Economic Joint Committee along with elected members of Brighton and Hove City Council, Adur District Council, Worthing Borough Council, Lewes District Council and the South Downs National Park Authority which forms part of the Board in an overseeing role. 2.9 Coast to Capital Joint Committee

2.9.1 The Council is represented by the Leader on the Coast to Capital Joint Committee

along with Brighton and Hove City Council, London Borough of Croydon, Surrey County Council, West Sussex County Council, Adur District Council, Worthing Borough Council, Lewes District Council, Horsham District Council, Crawley Borough Council, Arun District Council, Chichester District Council, Epsom and Ewell District Council, Tandridge District Council, Mole Valley District Council and Reigate and Banstead District Council. This local Enterprise Partnership (LEP) is “charged” with promoting economic growth in the area.

3.0 Officers

3.1 Certain officers of the Council have responsibilities for decisions delegated to them in

accordance with the Officer Scheme of Delegation which is set out at Annex A to this Part 3.

4.0 The Cabinet

The Cabinet has at least 2 but not more than 9 Members.

(a) It exercises all the functions of the Council other than those specifically the

function of:

(i) The Council;

(ii) Committees of the Council;

(iii) Any Area Committee; and

(iv) Officers pursuant to Annexe A of this Part 3.

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(b) In particular, the Cabinet's functions are:

(i) implementing policies as determined by Council and updating these policies.

(ii) advising the Council on financial and economic policy and to

recommend annually, as determined by statute, proposals for the Council Tax.

(iii) maintaining overall control of approved budgets and considering

virement requests in accordance with Financial Procedure Rules.

(iv) preparing a Corporate Plan for the consideration of the Council.

(v) considering reports from the Council’s external auditors, (other than the Auditor’s Management Letter), ombudsman and other bodies and taking or proposing appropriate action.

(vi) exercising the powers and duties of the Council under all statutes,

regulations, and codes of practice relating to the health and safety of Council staff.

(vii) ensuring adequate training and development for elected members.

(viii) acting on behalf of the Council in any cases where urgent decisions

are required and such matters cannot conveniently be dealt with by the Council or by another appropriate committee or under the delegated powers of staff.

(ix) preparing and approving the Council's E-Government Strategy.

(x) the management of strategic risks

4.1 The allocation of functions within the Cabinet is set out in the schedule below marked

“Allocation of Functions within the Cabinet”. The column headed “Onward Limits on Delegation” shows the limits placed upon sub-delegation.

4.2 Where a function is allocated to a Cabinet member, the Leader may determine that it

is to be carried out by either another Cabinet Member or the Cabinet.

4.3 A Cabinet member may recall to himself the exercise of a function delegated by

him/her to an officer. 4.4 Each Cabinet member will present to the Monitoring Officer a written record of

delegations made by him.

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Schedule to Paragraph 4.0 1.1 Allocations of Functions within the Cabinet

1.2 The Full Cabinet

1.2.1 All preliminary discussions upon and decisions in respect of matters set out in the

Forward Plan.

1.2.2 All key decisions within the terms of Regulation 8 of the Local Authorities (Executive

Arrangements) (Meetings and Access to Information) (England) Regulations 2012 including preliminary discussions on them.

1.2.3 All matters which are to be referred to Full Council with a recommendation.

1.2.4 All matters referred to the Cabinet by the three Scrutiny Committees.

1.2.5 The making of appointments to outside bodies where the nominations are

uncontested. 1.2.6 Virement sums not exceeding £100,000 on any one occasion, subject to a maximum

of £200,000 in any one financial year. 1.2.7 Strategic Risk Management.

1.3 Individual Cabinet Members 1.3.1 Joint and several responsibility for the delivery of the Council’s Sustainable

Community Strategy 1.3.2 Joint and several responsibility for the delivery of strategies across the Council’s

activities. 1.3.3 Developing strategies for their individual portfolios and ensuring the operational

implementation of those strategies. 1.3.4 The distribution of Section 106 monies up to £50,000 save for affordable housing and

TAD contributions where no financial limit shall apply to the relevant Cabinet Member.

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1.3 Cabinet Portfolio and Service Areas

LEADER – Cllr Jonathan Ash-Edwards

Overall political management and direction of the Council

Overall communications and media

Strategic partnerships

Cabinet appointments and responsibilities

Council Budget and Corporate & Financial Planning

Gatwick Airport liaison

DEPUTY LEADER – Cllr Judy Llewellyn-Burke

To deputise for the Leader

To take responsibility for political leadership of significant and cross cutting policy areas

Burgess Hill Growth Area

Finance

Corporate Estates and Facilities

Performance Management

CABINET MEMBER FOR ECONOMIC GROWTH – Cllr Stephen Hillier

Economic Development

Parking

CABINET MEMBER FOR CUSTOMER SERVICES – Cllr Ruth de Mierre

Customer Services and Communications

Revenues & Benefits

ICT and Digital

Equalities

Safeguarding

CABINET MEMBER FOR ENVIRONMENT & SERVICE DELIVERY – Cllr John Belsey

Leisure

Landscapes

Waste

Sustainability

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CABINET MEMBER FOR COMMUNITY – Cllr Norman Webster

Community Services (including Community Safety)

Emergency Planning

Voluntary Sector (including grants)

Legal Services

Democratic Services

Land Charges

Environmental Health (incl. Licensing)

Building Control

CABINET MEMBER FOR HOUSING & PLANNING – Cllr Andrew MacNaughton

Planning Policy

Development Management

Housing

Homelessness

Collective Responsibility of the Cabinet: Collective responsibility for delivery against Council agreed Corporate Plan and Budgets, accountable to Council for performance across the service range.

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ANNEX A Scheme of Delegation to Officers

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SCHEME OF DELEGATION TO OFFICERS

GENERAL PROVISIONS

1. Definitions

“Chief Executive” is the

“Assistant Chief Executive”

Officer designated as Chief Executive

Officer designated as Assistant Chief Executive “Heads of Service” Head of Digital and Customer Services

Head of Regulatory Services (and Monitoring Officer) Head of Corporate Resources (and Section 151 Officer)

2. The Chief Executive/Monitoring Officer shall have power to amend the Scheme of Delegation to reflect reorganisations, changes in Job Titles and vacancies where the changes result in the redistribution of existing delegations and not the creation of new ones.

3. Matters relating to the interpretation of the Scheme of Delegation shall be determined

by the Monitoring Officer.

4. Subject to the Proper Officer Appointments, the Chief Executive may exercise the duties, powers and functions delegated to any Head of Service.

The Assistant Chief Executive shall exercise the duties, powers and functions delegated to the Chief Executive when he/she is unable to act.

5. Any officer to whom a power, duty or function is delegated may authorise named

officers to exercise that power, duty or function in addition to himself. The authorisation should be in writing where it may be necessary to any legal procedure or proceedings on behalf of the Council.

6. All decisions and actions in pursuance of a delegation in the Scheme of Delegation

must be taken:

a) in accordance with statutory requirements, the Council's Constitution, policies and procedures, within budget and in compliance with the Contracts Procedure Rules and Financial Procedure Rules if applicable, and

b) after consultation with Cabinet Members, Committee Chairmen, the

Monitoring Officer, other officers (in particular the Head of Finance if there are financial implications of the proposed action) and Parish and Town Councils as appropriate.

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7. Officers to whom a matter is delegated may refer that matter to the Council, Cabinet or a Committee (as appropriate) rather than exercise the delegation.

8. Decisions made and actions taken under the Scheme of Delegation should be

recorded and reported to the Cabinet, Council or a Committee if appropriate or required. Officers shall not exercise any function or power which is specifically reserved to Council, Cabinet or a Committee either by law or under the terms of this Constitution.

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DELEGATED FUNCTIONS

1.

FUNCTION

STAFF

All matters relating to staff and the

DELEGATED TO

Chief Executive

deployment and organisation of staff subject to the powers reserved to Council by legislation and to budgetary provision

URGENT ACTION

2.

Any action required or necessary to be taken in the Council's interests in cases of urgency where reference to Council, Cabinet or the relevant Committee is not practicable.

Chief Executive

FINANCE

3.

To take all actions and make all decisions not reserved to Council or Cabinet relating to the Council's finances including borrowing, investment, income collection, recovery of debts, making of payments and accounting procedures

Head of Corporate Resources

4.

To write off amounts due to the Council up to a maximum of £10,000 in any one


case in any financial year

REVENUES

5.

To take all actions and make all decisions relating to the demand collection and


recovery of Council Tax and any other locally levied or collected rates or taxes EXCEPT THAT

a) Applications for discretionary relief to non-profit making bodies over £15,000 RV shall be decided by the relevant Cabinet Member

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b) The Cabinet Member shall be Consulted before applications for discretionary relief in cases of hardship are approved

c) the Cabinet Member shall be

consulted before the empty property rate is reduced or remitted

6. To take all actions and make all decisions Manager of Revenues and

relating to valuation, valuation list Benefits alterations and connected matters

BENEFITS

7. To take all actions and make all decisions Manager of Revenues and relating to the administration of Council Benefits Tax Benefits, Housing Benefits and other Benefits including making determinations in respect of claims, recovery of overpayments and the investigation and prosecution of fraud

PLANNING AND REGULATORY FUNCTIONS

8. To take all actions and make all decisions relating to the Council's function as local planning authority under the Town and Country Planning Acts and ancillary or other legislation including High Hedges and Street Naming EXCEPT THAT The following matters should be referred to Committee for decision:

a) Applications from the Chief Executive, Assistant Chief Executive, Heads of Service, or staff involved in the planning process, or their partners, or Members or their partners

b) A request being received, within the allotted

representation period from any Member of the Council for the application to be referred to the committee for determination. Member requests for a referral to committee must be discussed with officers and confirmed in writing (to include e- mail) have to be supported by another member and have to have planning reasons

c) Proposals involving the Council

or the County Council as applicant or landowner (except responses to those Reg 3 applications which accord with the Development Plan and work to TPO trees).

Divisional Leader for Planning and Economy

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d) Cases where the Recommendation would (not applications for “prior approval” submitted under the Town and County Planning (General Permitted Development) (England) Order 2015 (as amended), if accepted, result in a decision contrary to the Council's adopted Policies except: (i) the development of a single dwelling house

located outside the defined built-up area where that new dwelling is being constructed adjacent to existing dwellings from which Council Tax has been collected for at least three years; and

(ii) minor alterations to any permissions granted, under (i) and (ii) above where “minor” means nothing of any significant difference in the opinion of a Planning Officer.

e) Applications for planning permission (not reserved

matters) for a net gain of more than 9 dwellings which are recommended for permission

f) Major variations to Section 106 Agreements

g) Non-urgent Article IV Directions

h) Changes to refusal reasons when a refused application is going to appeal

AND the following matters should be decided only after consultation with the Chairman and Vice-Chairman of the relevant Planning Committee:

(i) matters relating to Building Preservation and

Listed Building Enforcement Notices

(ii) Stop Notices

(iii) Injunctions

(iv) Applications under Section 7 of the Growth and Infrastructure Act 2013

AND the following delegations shall be given to planning officers subject to consultation with at least one Planning Chairman and the relevant Ward Members:-

(i) the Planning officer be able to agree to minor alterations to an existing planning

permission when in their opinion there was no material consequences.

(ii) Section 73 applications under the Town and Country Planning Act 1990 as amended to be issued with new conditions.

(iii) Solar Farm applications of whatever size to be a Delegated Decision where there are no

objections.

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(iv) To decide the outcome of an application for Permission in Principle and the application

for Technical Details Consent.

9. To deal with all matters relating to Building

Control

Appropriate Heads of Service

10.

The exercise of the Council's regulatory

Appropriate Heads of Service and

functions relating to: any member of staff fulfilling that

Animals role

control of pollution

Corna

Coronavirus Act 2020 and regulations thereunder

Caravan sites environmental protection housing fitness food safety and hygiene gaming permits hackney carriages and drivers health and safety at work and personnel health house to house collections late night refreshment licences under the Licensing Act 2003 lotteries markets microchipping of dogs motor salvage operators private hire vehicles, drivers and operators public health inc. emergency Covid-19 legislation

public safety scrap metal dealers shops and Sunday trading

street collections

street trading

public entertainment

cinemas and theatres

riding and other animal establishments

scrap metal dealers

slaughterhouses

sex establishments

EXCEPT

(i) Amendments to the Hackney Carriage

fare tariff

(ii) Revocations of Hackney Carriage and Private Hire Drivers Licence which can be done only after consultation with the Chairman and/or Vice-Chairman of Sub-Committee A.

(iii) The introduction of or amendments to Licence

conditions

11. Exercise of the Council’s functions relating to contaminated land


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12. Exercise of the Council's functions relating to Appropriate Heads of

Service streets and highways

13. Exercise of the Council's functions regarding

abandoned or unauthorised vehicles, waste

and litter


14.

Exercise of Council's functions in respect of

water supply, sewerage and drainage

Appropriate Head of Service

15.

The maintenance, management and control of

The Council's car parks


HOUSING AND COMMUNITY DEVELOPMENT

16. Exercise of the Council’s functions in relation Appropriate Head of Service

to housing, including the determination of

applications for grants

17. Exercise of the Council’s function in relation to Appropriate Head of Service

community safety and anti-social behaviour and in

particular under the Anti-Social Behaviour, Crime

and Policing Act 2014.

LEGAL

18. To affix and attest the seal of the Council to Chief Executive

Deeds and documents and Solicitor and Head of Regulatory Services

19. To take all actions or steps and make all decisions

relating to the institution, defence, withdrawal,

settlement etc of, or participation in any proceedings or

threatened proceedings by or against the Council or in

which the Council has an interest 20. Make, serve, issue, publish, modify, withdraw,

etc any Notices, Orders or Summonses or other documents in connection with any proceedings

or for the purpose of any of the Council’s functions

21. To authorise individuals to appear on behalf of the Council in the County and Magistrates Court

Solicitor and Head of Regulatory Services



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ELECTIONS

22. Any action required in connection with the Chief Executive and Monitoring

organisation or holding of elections or referenda Officer

MISCELLANEOUS

23. To authorise individuals to exercise powers of entry and inspection

Heads of Service

24. Grant, renewal, review and cancellation of Chief Executive

authorisations under the Regulation of Investigatory Powers Act subject to Magistrates Court approval.

Heads of Service

25. Requisitions for Information All Heads of Services within their areas of responsibility

26. Seeking of planning permission for development involving the Council as landowner or developer

All Head of Services in relation to their areas of responsibility

27. The taking of any action authorised by Contracts Procedures Rules & Financial Procedure Rules in relation to their area of responsibility

Heads of Service

LEISURE

28. Exercise of the Council's functions in relation to the maintenance and management of parks, open spaces, commons, recreational facilities, burial grounds, museums, allotments and other similar facilities within the Council's ownership or control


PROPERTY

29. All actions and decisions relating to Council owned land and buildings EXCEPT:

Solicitor and Head of Regulatory Services, and Head of Corporate Resources

a) in relation to the granting or surrender of leases

where the rental exceeds £15,000 pa or the

term exceeds 15 years

b) in relation to disposals where the land/buildings

have not been declared surplus and the value

is over £20,000

c) The relevant Cabinet Member shall be

consulted on all commercial leases at the

Orchards

31.

The acquisition of land and buildings up to a limit of £20,000 in value where acquisition does not involve matters of policy or principle and there is unallocated budgetary provision in the Programme of Revenue and Capital Projects


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32. To approve statutory compensation up to a limit of £10,000 where there is a legal liability to pay


GENERAL

33. The Assistant Chief Executive shall have all the powers of the Chief Executive in her absence.

34. FIXED PENALTY NOTICES

The power to authorise officers to issue fixed penalty notices, community protection notices and take other action, including enforcement action, whether by way of criminal proceedings or civil proceedings, arising from or in connection with offences under the Clean Neighbourhoods and Environment Act 2005, the Anti-Social Behaviour Act 2003 or the Anti-Social Behaviour, Crime and Policing Act 2014 and any subsequent amendments.

Appropriate Head of Service and any member of staff fulfilling that role

35.

CONSTITUTIONAL MATTERS

To determine, in consultation with the relevant Cabinet Member, and in the case of a petition, which might otherwise qualify for a debate at Council, the Council Chairman, and in accordance with the Petitions Scheme, whether a petition meets the criteria for acceptance set out in the scheme. To update the Constitution to reflect the requirements of new statutes or statutory instruments.

Chief Executive and/or Monitoring Officer

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PROPER OFFICER APPOINTMENTS

Delegation Scheme

(Explanatory Note: The Local Government Act 1972 requires certain statutory functions to be performed by an officer specified by the Council. It is open to each Council to decide which of its officers should be designated as the "Proper Officer" for the particular purpose in question).

(1) Chief Executive

The Chief Executive of the Council is hereby appointed the Proper Officer in relation to: -

(a) any reference in any enactment passed before or during the 1971/72 session of Parliament othther than the Local Government Act 1972 or in any instrument made before 26 October 1972, to the Clerk of a Council or the Town Clerk of a District which, by virtue of any provision of the said Act, is to be constructed as a reference to the Proper Officer of the Council.

(b) any reference in any local statutory provision to the Clerk of a specified Council or the Town Clerk of a specified District which is to be construed as a reference to the Proper Officer of the Council;

(c) any reference in any enactment passed before or during the 1971/72 session of Parliament othther than the Local Government Act 1972 or in any instrument made before 26 October 1972, to the Chief Public Health Inspector of a Council which, by virtue of any provision of the said Act, is to be construed as a reference to the Proper Officer of the Council;

(d) any reference in any local statutory provision to the Chief Public Health Inspector of a specified Council which is to be construed as a reference to the Proper Officer of the Council;

(e) any amendment, re-enactment or statutory substitution of the matters detailed in these provisions insofar as an officer of the Council remains under a duty to perform the same or similar tasks;

(f) the following provisions:

In the Local Government and Housing Act 1989

Section 4 Head of Paid Service

In the Local Government Finance Act 1988

Section 116

In the Local Government Act 1972

Section 83(1) to (4) Witness and receipt of declarations of acceptance of office.

Section 84 Receipt of declaration of resignation of office.

Schedule 12 Signature of summonses to Council.

(2) Chief Finance Officer

The Chief Finance Officer of the Council is hereby appointed the Proper Officer in relation to:-

(a) any reference in any enactment passed before or during the 1971/72 session of Parliament othther than the Local Government Act 1972 or in any instrument made before 26 October 1972, to the Treasurer of a Council, or the Financial or Chief Financial/Finance Officer or the Responsible Financial Officer, which, by virtue of any provision of the said Act, is to be construed as a reference to

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the Proper Officer of the Council;

(b) any reference in any local statutory provision to the Treasurer of a specified Council which is to be construed as a reference to the Proper Officer of the Council;

(c) any amendment, re-enactment or statutory substitution of any of the matters detailed in these provisions insofar as an officer to the Council remains under a duty to perform the same or similar tasks;

(d) the following provisions, namely:


Section 115 (2) Receipt of money due from officers.

Section 146 (1) (a) and (b) Declaration and Certificates with regard to securities.

Section 151 Administration of Council's financial affairs.

Section 234 (1) and (2) Authentication of documents prepared within the Finance Division.

In the Accounts and Audit Regulations 1996

Determining form of accounts/accounting systems, ensuring prompt balancing of accounts and maintaining an adequate and effective internal audit.

In the Local Government Finance Act 1988

Section 114 Reporting on unlawful expenditure or insufficient resources.


References to Chief Financial Officer

(3) Monitoring Officer

The Monitoring Officer is hereby appointed the Proper Officer in relation to:-

(a) any amendment, re-enactment or statutory substitution of any of the matters detailed in the following provisions insofar as an officer of the Council remains under a duty to perform the same or similar tasks;

(b) the following provisions:


Section 83 (1) to (4) Witness and receipt of declarations of acceptance of office

Section 84 Receipt of declaration of resignation of office

Section 88 (2) Convening of meeting of Council to fill casual vacancy in the office of Chairman

Section 89 (1) (b) Receipt of Notice of casual vacancy from two Local Government electors

Section 96 (1) Receipt of notices of pecuniary interest.

Section 96 (2) Keeping of record of disclosures of pecuniary interest under Section 94, and of notices under Section 96 (1).

Schedule 12 Signature of summonses to Council

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Paragraph 4 (2) (b) meetings.

Section 100B (2) Exclusion of the whole or parts of reports from the agenda papers available for public inspection before a meeting, if he/she thinks fit and if these relate only to items during which, in his/her opinion, the meeting is likely not to be open to the public.

Section 100B (7) (c) Provision of copies to the press, if he/she thinks fit, of any documents supplied to members of the Council in connection with an agenda item.

Section 100C (2) Making a written summary of the proceedings of a meeting (or part thereof) which will provide members of the public with a reasonably fair and coherent record of such proceedings, when exempt information has been excluded from the minutes which are open to inspection.

Section 100F (2) Identification of exempt information not available for members.

Section 210 (6) and (7) Charity functions of holders of offices with existing authorities transferred to holders of equivalent office with new authorities or, if there is no such office, to proper officers

Note: The appropriate Head of Service is the Proper Officer for:

(a) Section 100D (1)(a) compilation of list of the background papers for the report prepared for a meeting; and

(b) Section 100D (5)(a) identification of background papers which disclose matters relied on in making of a report for a meeting.)

Section 225 (1) Deposit of documents.

Section 229 (5) Certification of photographic copies of documents.

Section 234 (1) and (2) Authentication of documents prepared within Legal Services Division.

Section 236 (9) Sending of copies of Byelaws for Parish records and to the County Council.

Section 238 Certification of Byelaws.

Section 248 Keeping of roll of honorary freemen.

Schedule 14 Certification of resolution applying provisions of paragraph 25(7) Public Health Acts.

Schedule 16, paragraph 28 Receipt on deposit of lists of protected buildings.

Local Land Charges Act 1975 To act as Local Land Charges Registrar.


Section 5 Monitoring Officer

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Section 15 Receipt of notices relating to political groups.

Section 19 Notice and Register of Members' Interests.

Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012

The Local Authorities (Standing Orders) (England) Regulations 2001 as amended

In the Representation of the People Acts 1983 to 1985.

The Whole Acts To act as Electoral Registration Officer and Returning Officer.

(4) Heads of Housing, Environmental Health and Building Control and

the Environmental Health Manager

The above officers are hereby appointed the Proper Officer in relation to:

(a) any amendment, re - enactment or statutory substitution of any of the matters detailed in these provisions in so far as an officer of the Council remains under a duty to perform the same or similar tasks;

(b) the following provisions:

In the Public Health Act 1936.

Section 79 power to require removal of noxious matter.

Section 84 Cleansing or disinfection of filthy or verminous articles.

Section 85 Cleansing of verminous persons and their clothing

Section 284 authentication of documents prepared within the Community Development Area.

Section 341(1) Definition - authorisation of officers of the Local Authority.

In the Public Health Act 1961

Section 37 Prohibition of sale of verminous articles

In the Public Health (Control of Diseases) Act 1984

Section 11 cases of notifiable disease and food poisoning to be reported.

Section 18 Information to be furnished by the occupier in case of notifiable disease or food poisoning.

Section 20 Stopping work to prevent the spread of disease.

Section 21 Exclusion from school

Section 22 Exclusion of children from places of entertainment or assembly.

Section 24 Infected articles

Section 29 Letting of house or room.

Section 31 Disinfection of premises

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Section 32 Removal of person from infected house.

Section 42 Closure of common lodging houses

Section 48 Removal of body to mortuary.

Section 59 Authentication of documents.

Section 61 Power of Entry

In the Food Safety Act 1990

The Whole Act To act as "authorised officer"

In the Public Health (Infectious Diseases) Regulations 1988

The Whole Act

In the National Assistance Act 1948 and National Assistance (Amendment) Act 1951

The Whole Act Power to deal with persons in need of care and attention.

(5) Divisional Leader for Planning and Economy

In the Local Government Act 1972:

Functions Section 191with respect to Ordnance Survey

Section 234 (1) and (2) Authentication of documents prepared within Planning and Economic Development

In the Town and Country Planning Act 1971

Section 54 Deposit of list of historic, etc. buildings.

(6) Deputies (Proper Officer Appointments only)

In the event of the Chief Executive being absent or unable to act the Assistant Chief Executive is authorised to act in his/her stead.

In the event of the Monitoring Officer being absent or unable to act the Deputy Monitoring Officer is authorised to act in his/her stead.

(7) Medical Adviser, etc.

(a) The Consultant in Communicable Disease Control of West Sussex Health Authority or its successor be appointed Medical Officer for Environmental Health and Proper Officer for the following purposes:-

(i) Any reference in any enactment passed before or during the 1971/72 session of Parliament other thanth the Local Government Act 1972 or in any instrument made before 26 October 1972 to the Medical Officer of Health of a District which, by virtue of any provision of the said Act, is to be construed as a reference to the Proper Officer of the Council;

(ii) any reference in any local statutory provision to the Medical Officer of Health of a specified Council which is to be construed as a reference to the Proper Officer of the Council;

(iii) the following provisions, namely:-


Section 234(1) and (2) Authentication of documents prepared within the Office of the Medical Officer for Environmental Health.

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In the Public Health (Control of Diseases) Act 1984.

Section 36 Medical examination of group of persons.

Section 40 Medical examination of inmates of common

lodging-house.

Section 43 Person dying in hospital.

(b) Such Doctors practising in the field of Public Health Medicine, notified by the West Sussex Health Authority or its successor and approved for the purpose by Director of Community Development, shall be appointed as Deputy Proper Officer, to act in the absence of the Proper Officer for the purposes specified in paragraph (6)(a) above.

(8) General

Where any enactment other than those listed above contains a provision which is to be construed as a reference to the Proper Officer of the Council then until such time as the Council resolves otherwise the Chief Executive shall be the Proper Officer designated for the purposes of that

(9) The Chief Executive, Assistant Chief Executive, Section 151 Officer and the Monitoring Officer shall be appointed by Council. Council shall be advised in this decision by a member appointments panel agreed by the Council for that purpose.

Documents

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