Council Constitution Part 2 – Functions

Section 1 – Overview

1.1 The Council is established by an Act of Parliament (Local Government Act 1972). The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 specify that all its functions are the responsibility of the Cabinet except for those specified in the legislation:

• a. as not being the responsibility of the Cabinet;
• b. as being capable of being the responsibility of the Cabinet (the ‘Local Choice Functions’); and
• c. to be, only to some extent, the responsibility of the Cabinet.

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

• a. The Full Council
• b. The Leader, Cabinet or an individual Cabinet Member
• c. A Committee of the Full Council
• d. An Officer of the Council.

1.3 Council decisions are divided into two types: Executive and Non-Executive.

1.4 Executive decisions relate to all the functions that are not Council (Non-Executive) functions. They include those Local Choice Functions (identified below) that the Council has decided should be the responsibility of the Executive. Executive decisions are taken by the Executive Leader, Cabinet, Cabinet Members, Cabinet Committees, or Officers under delegated authority in accordance with, and in order to implement, the Budget and Policy Framework (Part 3.1).

1.5 Non-Executive decisions relate to powers and functions that are not the responsibility of the Executive Leader, Cabinet or Cabinet Members. The power to exercise Non-Executive functions is either reserved to the Council or delegated by the Council to Committees or Officers, as set out in Part 2.

1.6 Local Choice Functions are functions that could be, but don’t have to be, the responsibility of the Cabinet, and whether a function is Executive or Non-Executive, is down to local choice. The Council has determined the decision-maker for Local Choice Functions is as set out in the table below, but the decision-maker is able to further delegate to Officers in accordance with the Officer Scheme of Delegations in Part 2.14.

Section 2 – Responsibility for Functions/Local Choice Functions

2.1 Local Choice Functions

Section 1 – Overview

1.1 Within this section, unless specified otherwise:

• “Full Council” shall mean the collective body of all Members of the Council.
• “the Chair” shall mean the Chair of the Council.
• “the Vice Chair” shall mean the Vice Chair of the Council.
• “the Policy Framework” means the following plans and strategies:
  1. Corporate Plan (howsoever titled)
  2. Plans and strategies which together comprise the Local Development Plan, including Neighbourhood Development Plans  
  3. Supplementary Planning Documents  
  4. Statement of Licensing Policy 
  5. Policies under the Gambling Act 
  6. Community Infrastructure Levy
  7. Capital Strategy, including Investment Strategy and Minimum Revenue Provision Policy 
  8. Medium Term Financial Strategy and Capital Programme 
  9. Treasury Management Strategy 
  10. Annual Treasury Report 
  11. Climate Change Strategy  
  12. Adoption of Byelaws  
• “the Budget Framework” means:

1. 1. the allocation of financial resources to services and projects, reserves and proposed contingency funds; 
   2. setting the level of Council tax; 
   3. decisions relating to the control of the Council’s borrowing requirement, capital expenditure, investments and virement limits; 
   4. the housing revenue account.

Purpose

1.2 The Full Council will:

• Set the Budget and Policy Framework
• Establish decision-making bodies and delegate functions through this Constitution
• Be a forum for respectful debate

Functions

1.3 The Full Council will:

• Adopt and approve any amendments to the Constitution (including following a recommendation from the Audit and Governance Committee).
• Approve, adopt or amend the Members’ Code of Conduct.
• Approve, adopt or amend the Policy Framework.
• Approve, adopt or amend the Budget Framework.
• Elect the Chair and Vice Chair of the Council.
• Elect or remove the Leader.
• Approve and/or amend the terms of reference of Committees, deciding on their composition and making appointments to them.
• Approve the allocation of seats to Political Groups on Committees in accordance with Section 15 of the Local Government and Housing Act 1989 (political balance rules).
• Appoint the Chairs and Vice Chairs of Committees.
• Making and amending the Members’ Allowances Scheme (Part 4.5), having taken account of the advice, views or recommendations of the Independent Remuneration Panel.
• Subject to the urgency procedure contained in the Budget and Policy Framework Procedure Rules, make decisions about any matter in the discharge of an Executive function which is covered by the Policy Framework or the Budget Framework where the decision maker is minded to make it in a manner which would be contrary to the Policy Framework or contrary to/or not wholly in accordance with the Budget Framework.
• Confirm the appointment of the Head of Paid Service (Section 4(1) Local Government and Housing Act 1989).
• Approve the designation of the Monitoring Officer (Section 5(1) Local Government and Housing Act 1989)
• Approve the designation of the Section 151 Officer (Section 151 Local Government Act 1972)
• Approve the dismissal of the Chief Executive, Monitoring Officer or Section 151 Officer having taken account of:
• a. any advice, views or recommendations of the Appointments and Disciplinary Committee (Part 2.11);
• b. the conclusions of any investigation into the proposed dismissal; and
• c. any representations from the relevant Officer.
• Approve the appointment of Independent Persons under s28(7) Localism Act 2011.
• Set fees and charges in respect of licences, permits, approvals and consents in respect of regulatory matters unless delegated to a Committee, Sub-Committee or Officers.
• Making a request for single-member electoral wards.
• Passing a resolution to change a scheme for elections.
• Making an order giving effect to the recommendations made in a Community Governance Review.
• Making a change in governance arrangements (paragraph 3 or 8 of Schedule 4 to the Local Government and Public Involvement in Health Act 2007).
• Receive questions from members of the public and facilitate responses, subject to the process below at 2.30.
• Receive questions from Members of the Council and facilitate responses, subject to the process below at 2.35 to 2.45.
• Receive and respond, including to decide no further action, to petitions referred to Council in accordance with any adopted Petitions Scheme and subject to the process below at 2.46.
• Receive and decide motions from Members, subject to the process in 2.47.
• Making recommendations to the Secretary of State on District boundaries, ward boundaries or electoral divisions, (following recommendations from the Audit and Governance Committee).
• Designate polling districts and polling places (following recommendations from the Audit and Governance Committee).
• Consideration of reports from Committees or any other body constituted by the Council.
• Approve or adopt any application to the Secretary of State in respect of any Housing Land Transfer (an application to the Secretary of State for approval of a programme of disposal of 500 or more properties to a person under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 or 43 of the Housing Act 1985 (as amended).)
• Functions relating to the name and status of areas and individuals (following recommendations from the Audit and Governance Committee):
• a. Approving any change to the name of the District (Section 74 of the Local Government Act 1972);
• b. Approving any change to the name of a parish within the District (Section 75 of the Local Government Act 1972);
• c. Power to confer title of honorary alderman/alderwoman or to admit to be an honorary freeman/freewoman (Section 249 of the Local Government Act 1972);
• d. Power to petition for a charter to confer borough status (Section 245 of the Local Government Act 1972).
• Duty to declare Vacancy in office in certain cases (Section 86 of the Local Government Act 1972).
• Compulsory purchase orders (other than on planning grounds).
• Duty to appoint a Returning Officer for local government elections (Section 35 of the Representation of the People Act 1983).
• Duty to appoint an Electoral Registration Officer (Section 8(2) of the Representation of the People Act 1983).
• Appointment of External Auditors.
• Power to make, amend, revoke, re-enact or adopt byelaws (following recommendation from the Audit and Governance Committee).
• Promote or oppose the making of local legislation or personal Bills (Section 239 of the Local Government Act 1972) (following recommendation from the Audit and Governance Committee).
• Approving the Council’s Annual Pay Policy Statement.
• Powers relating to overview and scrutiny Committees (voting rights and co-opted members).
• Making, amending or revoking Standing Orders (Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972) including orders as to contracts (Section 135 of the Local Government Act 1972).
• Appointing Proper Officers (Section 270(3) of the Local Government Act 1972).
• Approving draft development plan proposals.
• Appointments and nominations to Outside Bodies where these do not constitute Executive functions and do not fall within the responsibility of an office holder.
• Receiving Ombudsman reports where there has been a finding of maladministration with injustice and the report has been rejected.
• Receiving statutory reports of the Monitoring Officer, Section 151 Officer or Head of Paid Service and External Auditors Public Interest reports.
• Exercising Local Choice Functions which are not Executive Functions and which are not delegated to Non-Executive Committees or Officers.
• All other matters which must, by law, be reserved to Full Council.

Membership

1.4 The Full Council consists of all Members of the Council.

Chair of the Council

1.5 The Chair and Vice-Chair will be appointed in accordance with Article 5.

Section 2 – Full Council Procedure Rules

Meetings (general)

2.1 Article 10 applies.

2.2The quorum is one quarter of the whole number of Members.

2.3 If the Chair is present, the Chair shall preside at meetings of the Full Council. In the absence of the Chair, if the Vice Chair is present, the Vice Chair shall preside. In the absence of both the Chair and the Vice Chair, the Full Council shall elect one of the Members of the Full Council to preside.

2.4 The person presiding at any meeting shall have full powers of the Chair as they relate to the conduct of the meeting.

2.5 If at the start of a meeting or during a meeting a quorum is not present, the meeting will act only to appoint a Member to preside, if necessary, and for that presiding member to adjourn the meeting to a later date.

2.6 The business of any meeting will be set out in an agenda. An agenda will typically consist of the following procedural items ahead of the substantive business of the meeting:

• Chair’s Introduction – to receive any announcements from the Chair on procedural matters.
• Notifications of Attendance – To receive any apologies for absence or any other changes to the membership of the Full Council since the agenda was issued.
• Declarations of Interest – To receive any declarations by Members of the meeting of any interests under the Members’ Code of Conduct in items on the agenda.
• Minutes of a previous meetings – to approve the minutes of previous meetings as a correct record and for them to be signed by the Chair. The only part of the minutes that can be discussed is their accuracy.

2.7 All meetings of the Full Council shall be held in public except when confidential or exempt information is being discussed. The agenda of the meeting will identify any items that are not open to the public.

2.8 The Council will webcast all public meetings where possible. Any other person may record a public meeting providing it does not disrupt the meeting.

2.9 Members of the Full Council must be present in the room to participate in the meeting and to be recorded as ‘present’ in the minutes of the meeting. Other persons participating in the meeting may attend in person or remotely where facilities allow. Participation at a meeting by other persons, either in person or remotely, will be recorded in the minutes but does not count as being ‘present’ for the purposes of the record of attendance. Remote attendance is at risk and the Council cannot guarantee the remote service.

2.10 Members must use the microphones where provided when speaking at a meeting.

2.11 No meeting will exceed 3 hours without an affirmative vote by the Council.

2.12 The Chair will ensure there are reasonable breaks during a meeting.

2.13 A meeting may be adjourned to another day or hour but no business shall be transacted at an adjourned meeting except such as was set out in the agenda for the original meeting.

2.14 The date, time and location of meetings will be determined by the Chief Executive in consultation with the Chair of the Council.

Annual Meeting of the Council

2.15 In a year when there is an ordinary election of Councillors, an annual meeting will take place within 21 days of the retirement of the outgoing Councillors. In any other year, an annual meeting will take place in March, April or May.

2.16 In addition to any other business as may be necessary or convenient, the annual meeting will:

• Elect the Chair (in accordance with Article 5);
• Appoint the Vice-Chair (in accordance with Article 5);
• In election years or in the event of a Vacancy, elect the Leader of the Council (in accordance with Article 6);
• Determine the Council’s Committee structure;
• Allocate seats on Committees to political groups (in accordance with Section 15 of the Local Government and Housing Act 1989 (political balance rules)); and
• Where notice of the appointments to Committees by the Group Leaders has been received, appoint the Chairs and Deputy Chairs of Committees.
• Appoint to Outside Bodies

Extraordinary Meetings

2.17 An extraordinary meeting may be requested by:

• The Full Council by resolution;
• The Leader of the Council;
• The Chair of the Council;
• Any of the Chief Officers; or
• Any 5 Members of the Council if they have signed a requisition presented to the Chair and the Chair has refused or failed to call a meeting within 7 days of the receipt of the requisition.

2.18 No business shall be considered at any extraordinary meeting save that as is specified as the purpose for calling the extraordinary meeting.

2.19 There is no requirement to sign the minutes of a previous meeting at an extraordinary meeting.

2.20 No extraordinary meeting shall be held on a Saturday, Sunday, Bank or Public Holiday.

Ordinary Meetings

2.21 Business at an ordinary meeting will typically include:

• Notification of which items have been reserved for debate in accordance with the Call-over procedure and to approve all un-reserved items ‘en-bloc’;
• Announcements by the Chair, the Leader of the Council or the Chief Executive;
• Questions from the public received in accordance with the Public Questions procedure;
• Petitions received in accordance with the Petitions procedure;
• Report of decisions by the Cabinet and, subject to Call-over, to receive questions and answers thereon;
• Subject to Call-over, reports referred by the Statutory Officers, Cabinet or any of the Council’s Committees;
• Questions from Members received in accordance with the Members’ Questions procedure;
• Motions by Members received in accordance with the Members’ Motions procedure; and
• Any other business specified in the summons.

Call-Over

2.22 Substantive items on the agenda may be subject to Call-over, this allows Members to reserve matters for debate. Unless items are reserved for debate, they will be approved ‘en-bloc’ without discussion. A list of the items which are subject to Call-over will be circulated with the agenda.

2.23Any items requiring individual consideration or a recorded vote by law and those items on the agenda which are not listed on the Call-over list shall not be subject to Call-over.

2.24 From the list, Members may reserve such items as they wish to speak upon, ask questions upon or have a full debate and, if required, vote on.

2.25 To reserve an item from the list, Group Leaders and non-aligned Members must give notice in writing of the items to be reserved and the names of the Members wishing to speak to the Democratic Services Manager no later than 10am on the Monday preceding the meeting.

2.26 A list of all reserved items will be circulated to all Members as soon as practicable.

2.27 Any unreserved item together with their recommendations shall be proposed for approval ‘en-bloc’ at the meeting by the Vice-Chair or the Chair’s nominee in the absence of the Vice-Chair. No seconder shall be required.

2.28 The Chair will pronounce those matters to have been approved.

2.29 Reserved items will usually be dealt with in the order in which they appear on the agenda.

Public Questions

2.30 Subject to the exclusions below, people who live or work in Wealden may ask the Council a question at any ordinary meeting of Full Council on any matter within the Council’s powers, duties or functions.

2.31 To ask a question, a questioner must give written notice of the question and their name and address to the Democratic Services Manager no later than 10am on the Monday in the week before the week of the meeting.

Guidance:

If the Full Council meeting was being held on Wednesday 19^th the question must be received by 10am on Monday 10^th.

2.32 Having received a question, a written response will be sent to the questioner at least 2 Working Days before the meeting. Details of the question and response will be published on the Council’s website.

2.33 At the meeting:

• A maximum of 30 minutes will be allocated for all public questions. Any questions that cannot be dealt with within the time will be dealt with in writing or deferred to the next meeting at the discretion of the questioner.
• Questions will be taken in the order in which they were received except in the case of multiple questions from the same person whereby each person asking a question will ask their first question before moving on to any second questions, and so on.
• The question and response will be taken as read and the questioner will be limited to asking one supplementary question. A supplementary question must arise directly out of the original question or the response.
• If the questioner is unable to attend the meeting they may ask someone to put the supplementary question on their behalf. If nobody is present to ask a supplementary question the Chair may rule that the question and answer be received and taken as read.
• If a response to a supplementary question cannot be given at the meeting the relevant Member may reply in writing. The reply must be provided within 10 Working Days of the meeting.

2.34 Details of all questions and answers will be recorded in the minutes.

Petitions

2.35 Subject to the exclusions below, petitions which have been received in accordance with the Petition Scheme and reached the required threshold for debate at Full Council may be presented to any ordinary meeting of Full Council.

2.36 To present a petition, a petitioner must give notice in writing of the petition and their name and address to the Democratic Services Manager no later than 10am on the Monday in the week before the week of the meeting.

2.37 At the meeting:

• A maximum of 5 minutes will be allocated for the presentation of the petition by a delegation of the petitioners who must live or work in the District.
• If nobody is able to attend the meeting the Chair may rule that the petition be received and taken as read.
• Having received a Petition, Full Council will debate a motion to refer the Petition to the Cabinet or an appropriate Committee.
• Failure to approve the motion will result in no further action being taken.

Member Written Questions

2.38 Subject to the exclusions below, Members of the Council may ask the Council a written question at any ordinary meeting of Full Council on any matter within the Council’s powers, duties or functions.

2.39 To ask a question, a questioner must give written notice of the question to the Democratic Services Manager no later than 10am on the Monday in the week before the week of the meeting.

2.40 Having received a question, a written response will be sent to the questioner at least 2 Working Days prior to the meeting. Details of the question and response will be published on the Council’s website.

2.41 At the meeting:

• A maximum of 30 minutes will be allocated for all Members’ questions including oral questions. Any questions that cannot be dealt with within the time will be dealt with in writing or deferred to the next meeting at the discretion of the questioner.
• Questions will be taken in the order in which they were received except in the case of multiple questions from the same person whereby each person asking a question will ask their first question before moving on to any second questions, and so on as time allows.
• The question and response will be taken as read and the questioner will be limited to asking one supplementary question. A supplementary question must arise directly out of the original question or the response.
• If the questioner is unable to attend the meeting they may ask someone to put the supplementary question on their behalf. If nobody is present to ask a supplementary question the Chair may rule that the question and answer be received and taken as read.
• If a response to a supplementary question cannot be given at the meeting the relevant member may reply in writing. The reply must be provided within 10 Working Days of the meeting.

2.42 Details of all questions and answers will be recorded in the minutes.

Member Oral Questions

2.43 Subject to the exclusions below, Members of the Council may ask the Council an oral question at any ordinary meeting of Full Council on any matter within the Council’s powers, duties or functions.

2.44 At the meeting:

• A maximum of 30 minutes will be allocated for all Member questions, including written questions.
• The leaders of opposition groups may ask one question in the order of group size first. Questions will then be taken in the order in which they are received except in the case of multiple questions from the same person whereby each person asking a question will ask their first question before moving on to any second questions, and so on as time allows.
• Questions must be put briefly and in the form of a genuine query rather than a statement or comment. The Chair may curtail speeches.
• The Chair may direct the question to the appropriate Member or Members for an answer.
• The Member responding will usually give an oral answer. If a response to a question cannot be given at the meeting the relevant Member may reply in writing. The reply must be provided within 10 Working Days of the meeting.
• Where a response is given orally, the questioner may ask one supplementary question in preference to any further questions.
• A supplementary question must arise directly out of the original question or the response and must be put briefly and in the form of a genuine query.
• The Member responding will usually give an oral answer. If a response to a supplementary question cannot be given at the meeting the relevant Member may reply in writing. The reply must be provided within 10 Working Days of the meeting.

2.45 A summary of the questions asked limited to the names of the questioner, the respondent and the subject of the question will be recorded in the minutes.

Member Motions

2.46 Subject to the exclusions below, Members of the Council may submit motions for consideration by Full Council on any matter within the Council’s powers, duties or functions.

2.47 To submit a motion, a Member must give written notice of the motion and the name of the Member proposing the motion and seconding it to the Democratic Services Manager no later than 10am on the Monday in the week before the week of the meeting.

2.48 In addition to the exclusions below, the Monitoring Officer and/or Chief Executive may refuse a motion which is not in a lawful form or would be ultra vires. Members must check the proposed form of words with the Monitoring Officer in good time before submitting the motion. Motions refused after the deadline for submitting a motion may not be re submitted until the next meeting.

2.49 Notice of valid motions will be set out in the agenda.

2.50 If the Member who proposed the motion is not present at the meeting the motion may be moved by any other Member and the Member who moved the motion at the meeting will be considered the proposer for the purposes of the debate. If the motion is not moved at the meeting it will be deemed to have been withdrawn.

2.51 Any motion which, if carried, would materially affect the expenditure or income of any service or would involve capital expenditure shall, if moved and seconded, stand adjourned without debate to the next ordinary meeting of the Council and the relevant Cabinet or Committee affected by such motion shall report thereon. Comments of the Members moving and seconding the motion shall be limited to the formality of moving and seconding the motion.

2.52 Any motion which, if carried, would pre-empt a decision to be properly made as the result of a review in progress or planned to take place within the following six months shall, if moved and seconded, be referred without debate to the Cabinet or relevant Committee. Comments of the Member moving and seconding the motion shall be limited to the formality of moving and seconding the motion.

2.53 No motion to rescind a resolution of the Full Council passed within the preceding 6 months, and no motion or amendment to the same effect as one which had been rejected within the preceding 6 months shall be proposed unless there has been a material change in the circumstances and the notice thereof is subscribed by 20 Members. When any such motion or amendment has been disposed of by the Council, it shall not be open to any Member to propose a similar motion within a further period of 6 months.

2.54 No Member may be the mover or seconder of more than 2 Member motions at any one meeting.

Exclusions to Questions, Petitions and Motions

2.55 The Chief Executive and/or Monitoring Officer may refuse any public question, any petition, any Member written question, or any Member motion requiring advance notice, if in their opinion it falls into any of the categories below. The Chair, in consultation with the Chief Executive, may refuse any public supplementary question, any Member oral question or supplementary question or any Member motion if in their opinion it falls into any of the categories below:

• relating to an individual or group’s own case or circumstances;
• relating to any particular housing, planning, licensing or grant application;
• a matter which is the subject of legal proceedings or an appeal to a tribunal or to a government minister or an investigation by the Local Government and Social Care Ombudsman or the Housing Ombudsman or the Standards Committee, or through any of the Council’s formal Complaints Procedure;
• a matter relating to the appointment, promotion, dismissal, salary or other payments, superannuation or conditions of employment or the conduct or ability of any individual employed by the Council or the conduct of a Member of the Council;
• any matter which would require the release of any exempt information as defined in Schedule 12A of the Local Government Act 1972;
• any matter for which the preparation of a response would require the expenditure of a disproportionate amount of time or money;
• is defamatory, frivolous or offensive;
• substantially the same as a question which has been put at a meeting of Full Council in the past 6 months; or
• not a matter within the Council’s powers, duties or functions.

Procedural Motions Without Notice

2.56 Except when a motion is under debate the following motions may be moved without notice:

• To appoint a person to preside at the meeting at which the motion is moved;
• In relation to the accuracy of the minutes;
• That an item of business on the agenda shall be dealt with otherwise than in the order set out;
• To refer something to an appropriate body or individual;
• To adjourn a meeting;
• To withdraw or amend a motion.

2.57 When a motion is under debate the following motions may be moved without notice:

• To proceed to the next business;
• That the question be now put;
• That the debate be now adjourned;
• That the motion be referred to an appropriate body;
• To suspend a particular procedure rule;
• To exclude or readmit the public and press in accordance with the Access to Information Rules;
• To not hear a Member further or to exclude them from the meeting;
• To adjourn the meeting;
• To give the consent of the Council where consent is required under this Constitution.

2.58 If a procedural motion is moved the Chair will immediately ask if the procedural motion is seconded. If so seconded, a vote will be taken without debate.

Respectful Debate

2.59 The Chair will have control of the meeting and will use their discretion to ensure the effective, efficient, fair and orderly conduct of the meeting.

2.60 The Chair will ensure that each item on the agenda is given due consideration and that each Member has the opportunity to contribute. Debates are to be conducted fairly and respectfully.

2.61 One Member may speak at a time. If a Member wishes to speak they will indicate to the Chair and wait to be called.

2.62 Members must act courteously and give the meeting their full attention.

2.63 Members must act transparently at all times. Any matters which are material to the subject of the discussion must be stated verbally at the meeting.

2.64 A Member may raise a point of order at any time and the Chair will hear them immediately. A point of order may only relate to an alleged breach of this Constitution or the law and the Member must initially indicate the rule or law alleged to have been broken before explaining their reasons. A valid point of order will be resolved by the Chair and the ruling will be final. Valid points of order and the resolution will be recorded in the minutes.

2.65 A Member may raise a point of personal explanation at any time and the Chair will hear them immediately. A point of personal explanation may only relate to some material part of an earlier speech by the Member which may appear to have been misunderstood during the present debate. The ruling of the Chair of the admissibility of the personal explanation will be final.

2.66 The Chair shall maintain order and the meeting must be silent when the Chair speaks.

Rules of Debate

2.67 Any item where a decision is required will be decided by voting on a motion moved and seconded by separate Members of the Council.

2.68 Only one motion may be moved and debated at any one time.

2.69 No motion may be debated until after the proposer has moved the motion and explained the purpose of it and the motion has been seconded.

2.70 When seconding a motion or amendment, a Member may reserve their speech until later in the debate.

2.71 Alteration of a motion:

• Prior to moving a motion, a Member who has proposed a motion may alter the text of the motion with the consent of the meeting. The meeting’s consent will be signalled without discussion.
• After a motion has been moved and unless the motion has been amended, a Member who has proposed a motion may alter the text of the motion with the consent of both the meeting and the seconder. The meeting’s consent will be signalled without discussion.
• Only alterations which could otherwise be made as an amendment may be made.
• Debate must be directed to the question under discussion.
• No speech may exceed 5 minutes without the consent of the Chair.

2.72 A Member who has spoken on a motion may not speak again whilst it is the subject of debate, except:

• To speak once on an amendment moved by another Member
• To move a further amendment if the motion has been amended since they last spoke
• If their first speech was on an amendment moved by another Member, to speak on the substantive motion
• In exercise of a right of reply
• On a point of order
• On a point of personal explanation

2.73 An amendment to a motion may be moved if the effect of which is to:

• Leave out words
• Insert words
• Leave out and insert words

2.74 An amendment must be directly relevant to the motion and may not negate the motion.

2.75 Only one amendment may be moved and debated at any one time.

2.76 If an amendment is not carried, debate returns to the original motion.

2.77 If an amendment is carried, the motion as amended takes the place of the original motion and becomes the substantive motion to which further amendments may be moved. The mover and seconder of the amendment take the place of the mover and seconder of the motion.

2.78 Once any amendments are disposed of, further amendments may be moved.

2.79 Right to reply:

• The mover of a motion has a right to reply at the end of the debate on the motion immediately before it is put to the vote.
• If an amendment is moved, the mover of the original motion has the right of reply at the end of the debate on the amendment immediately before it is put to the vote. The mover of the amendment has no right of reply at the end of the debate on the amendment.

Voting at Meetings

2.80 A decision will be made by a simple majority of those Members of the Council present in the room at the time the question is put.

2.81 Unless a recorded vote is required, a vote will be taken by a show of hands. The minutes will only show whether or not the motion is carried.

2.82 Where any Member requests it, immediately after a vote is taken, their vote will be so recorded in the minutes.

2.83 At any time before a vote is taken, a proposal for a recorded vote may be moved and if seconded will be voted on immediately without discussion. If the motion is carried the names for and against the motion or abstaining from voting will be taken down in writing and recorded in the minutes.

2.84 There will be a recorded vote where required by law. This includes the Council’s Annual Budget and Council Tax.

2.85 If there are equal votes for and against a motion, the Chair will have an additional casting vote. The Chair shall have absolute discretion as to how to apply the casting vote.

2.86 When voting on any appointments, if there are more than 2 people nominated for any position and there is not a clear majority of votes in favour of 1 person then the name of the person with the fewest votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.

Disruption at Meetings

2.87 If a Member disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the Member continues to disrupt the meeting the Chair may move that ‘the Member be not heard further’, if seconded the motion will be voted on immediately without discussion. A Member subject to such a resolution must be silent and may not participate except to vote.

2.88 If the Member continues to disrupt the meeting after a motion that ‘the Member be not heard further’ is passed the Chair may move that the Member leave the meeting, if seconded the motion will be voted on immediately without discussion. A Member subject to such a resolution must leave the meeting and may take no further part in the meeting including to vote.

2.89 If a member of the public disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the member of the public continues to disrupt the meeting the Chair may order their removal from the meeting.

2.90 In the event of a general disturbance the Chair may adjourn a meeting until order can be restored.

2.91 No plaques, banners, displays or other similar materials can be brought by the public into the meeting room.

Interpretation

2.92 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Section 1 – Overview

1.1 The Executive discharges all the Council’s powers which are not expressly reserved by law or this Constitution to be the responsibility of the Council or Officers. This includes:

• Making Key Decisions reserved to the Executive for decision
• Recommending the rate of Council tax and the Leader’s budget and related policies to Full Council for approval for the following financial year (the Budget Framework)
• Recommending policies to Full Council that are reserved to Full Council for approval (the Policy Framework)

1.2 The Leader is the Key Decision maker within the Executive. The Leader determines who makes Executive decisions and delegates most powers either for collective decision making by Cabinet, Cabinet Committees, Individual Cabinet members or to Officers. The Leader has delegated responsibility to the Cabinet to discharge the functions listed above on their behalf. Unless functions are expressly reserved to the Leader, Cabinet, a Cabinet Committee, individual Portfolio Holders or a Joint Committee all other Executive Functions are delegated to Officers.

• Within this Part, unless specified otherwise:
• “the Cabinet” shall mean the body consisting of the Leader and Members of the Cabinet appointed by the Leader.

Purpose

1.3 The Cabinet will:

• a. Lead on policy making and make recommendations as to the Budget and Policy Framework;
• b. Implement policy and monitor performance;
• c. Make decisions on all matters not reserved by Full Council or delegated to another Committee.

Functions

1.4 The functions of the Cabinet are to:

a. Propose the Budget and Policy Framework in accordance with the Budget and Policy Framework Procedure Rules for approval by Full Council.

b. Carry out all of the Council’s functions and make all decisions within the bounds of the Budget and Policy Framework, except:

i.          Those reserved to Full Council.

ii.          Those delegated by Council to other Committees

iii.          Those delegated by the Leader to individual Portfolio Holders

iv.         Those delegated by the Leader to Officers.

c. Refer any matter, including the review of strategies and policies to the Scrutiny and Performance Committee for consultation, investigation and report.

d. Authorise and revoke the contracting out of functions that are otherwise the responsibility of Cabinet.

e. To approve supplementary estimates up to the limits set out in the Financial Procedure Rules (Part 3.3).

f. Local Choice Functions of the Executive 

Make decisions on Local Choice Functions (Part 2.1) allocated in this Constitution to the Executive except where these are delegated to Officers:

• The determination of an appeal against any decision made by or on behalf of the authority (other than those reserved to a Non-Executive Committee).
• Any function relating to contaminated land to the extent that the function involves the formulation of a strategic policy. Performing any function relating to controlling pollution or managing air quality to the extent that the function involves the formulation of a strategic policy.
• The passing of a resolution that Schedule 2 Noise and Statutory Nuisance Act 1993 should apply under Section 8 of the Noise and Statutory Nuisance Act 1993 to the extent that the function involves the formulation of a strategic policy.
• Inspection of the Authority’s area to detect any statutory nuisance to the extent that the function involves the formulation of a strategic policy.
• The appointment of any individual:
  – To any office other than an office in which he is employed by the Authority;
  – To any body other than the Authority;
  – A Joint Committee of two or more authorities; or
  – To any Committee or Sub-Committee of such a body and the revocation of any such appointment.
• The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities where the arrangement relates to the discharge of an Executive function.

g. To exercise responsibility for the Council’s functions as corporate shareholder of Sussex Weald Homes in relation to:

• Approval of the Business Plan (adoption / amendments);
• Engaging in any business other than as contemplated by the Business Plan (or outside of Wealden);
• Formation of a subsidy (outside the business as usual) or amalgamate or merge with any other company or business undertaking;
• Listing or trading of shares;
• Winding up or administration;
• Variation of the rights attached to shares.

h. All other matters which, by law, must be exercised by the Cabinet.

Delegation of Executive Functions

1.5 The Leader may delegate any Executive function which is the responsibility of the Cabinet but not restricted from delegation to:

• a. A Portfolio Holder
• b. A Cabinet Committee
• c. A body under Joint Arrangements; or
• d. An Officer

Cabinet Portfolio and Service Areas

1.6 Each Cabinet Member shall be responsible for specific areas of work, to be called a Portfolio. That Cabinet Member shall be referred to as a “Portfolio Holder”.

1.7 Portfolios and Portfolio Holders are to be determined by the Leader in accordance with Article 6 of the Constitution. The table at Annex A below outlines, for information, the current Portfolio Holder distribution.

1.8 It is intended that the Cabinet shall, meet and act together, but individual Portfolio Holders will have individual decision making powers at the discretion of the Leader.

1.9 The Leader may delegate Executive functions on such terms as they consider appropriate to Portfolio Holders in accordance with their Portfolios. In the absence of the Portfolio Holder the Leader may exercise the delegated power themselves.

1.10 In the event of any uncertainty or conflict, the Leader in consultation with the Monitoring Officer will decide which Portfolio Holder should deal with a given matter.

1.11 All reports to Cabinet will carry a recommendation from the relevant Portfolio Holder. A call-over procedure may be used at Cabinet meetings which will allow decisions to be made by the Cabinet without further discussion if all Cabinet Members agree with the Portfolio Holder’s recommendation.

Portfolio Holder Delegations

1.12 Portfolio Holder Scheme of Delegation

• Ensuring the effective delivery of Council policies within their area of responsibility.
• To carry out such functions of Cabinet as may be, from time to time, delegated to the Portfolio Holder by the Leader, in writing, with a copy of such delegation sent to the Democratic Services Manager.
• The development, co-ordination, promotion and subject to approval by Cabinet, implementation of the Council’s statutory plans and strategies.
• The oversight and promotion of all Executive services provided by the Council within the appropriate performance management framework.
• To consider and approve such matters identified in the Financial Procedure Rules as being the responsibility of the relevant Portfolio Holder.
• To represent the Council on external partnerships and to report back to Cabinet or Council, as appropriate.
• To conduct research and formulate reports, where appropriate through Cabinet Advisory Groups (Part 2.13) and the Scrutiny and Performance Committee (Part 2.4).
• To respond to government consultation exercises on matters falling within their portfolio.

Portfolio Holder Decision-Making

1.13 Where the Leader has allocated a Portfolio of responsibility to each Portfolio Holder, an individual Portfolio Holder may take Executive decisions within the scope of their portfolio subject to any conditions set out by the Leader and/or in this [Portfolio Holder Scheme of Delegation] and related procedures as detailed below.

1.14 A Portfolio Holder may then take a decision only:

• a. where it is considered on the basis of a written report prepared in accordance with paragraphs 2.23 ;
• b. (Save for delegations pursuant 1.12 above), where the Leader has not arranged for  the proposed decision to be referred to the Cabinet, a Cabinet Committee or an Officer or to be taken by themself; and
• c. where the decision is not otherwise reserved to Cabinet as a whole.

1.15 Any Executive decision made by a Portfolio Holder shall be published in accordance with the Access to Information Procedure Rules (Part 3.5).

Officer Decision-Making

1.16 Officers may make decisions in accordance with the Officer Scheme of Delegation.

Membership

1.17 The Cabinet will consist of the Leader and the members of the Cabinet as appointed in accordance with Article 6.

1.18 Political balance rules do not apply to the Cabinet.

Chair of the Cabinet

1.19 The Chair and Deputy Chair will be the Leader and Deputy Leader, respectively, as appointed in accordance with Article 6.

Cabinet Committees

1.20 The Cabinet may appoint Cabinet Committees and Advisory Boards and set their Terms of Reference. This will usually be to provide a convenient forum on particular matters, to exercise a particular function on behalf of the Cabinet or to provide advice to the Cabinet.

1.21 If appointed, the membership of a Cabinet Committee or Advisory Board

• a. Must consist of at least 3 Members of the Cabinet.
• b. May include other Councillors or other persons based on the required skills or expertise.
• c. Need not be politically balanced.

1.22 If the body is to exercise any function on behalf of the Cabinet (as opposed to being purely advisory):

• a. Only those Cabinet Members appointed to the body may vote.
• b. Article 10 applies.

1.23 Any Cabinet Committee or Advisory Board will:

• a. Elect a chair from amongst the Cabinet Members on the Sub-Committee.
• b. Prepare a plan in consultation with appropriate Officers for conducting its activities and make the plan available to relevant parties.
• c. Exercise any power of the Cabinet as may be expressly delegated.

1.24 The Terms of Reference of any Cabinet Committees and Advisory Boards are to be published on the Council’s website.

Task and Finish Groups

1.25 The Cabinet may establish a Task and Finish Group and set the Terms of Reference of the Group (including applicable Access to Information Procedure Rules), these will usually be to conduct in-depth investigations and provide advice.

1.26 If appointed, the membership of the Task and Finish Group:

• a. Must consist of at least 1 member of the Cabinet.
• b. May include other Members or other persons based on the required skills or expertise.
• c. Need not be politically balanced.

1.27 No more than 1 Task and Finish Group under the Cabinet may be in operation at any one time.

1.28 Any Task and Finish Group will:

• a. Elect a working group chair from amongst the members of the working group.
• b. Prepare a plan in consultation with appropriate Officers for conducting its activities and make the plan available to relevant parties.
• c. Provide any recommendations to the Cabinet.

Section 2 – Cabinet Procedure Rules

Meetings (general)

2.1 Article 10 applies.

2.2 The quorum of the Cabinet is three (3) of the appointed Members.

2.3 No meeting of the Cabinet may take place without the presence of the Proper Officer or their nominee with responsibility for recording the decisions made.

2.4 The Chair will chair meetings of the Cabinet. In the absence of the Chair the meeting will be chaired by the Deputy Chair. In the absence of the Chair and Deputy Chair the Cabinet shall elect 1 of the Members of the Cabinet to preside.

2.5 The person presiding at any meeting shall have full powers of the Chair as they relate to the conduct of the meeting.

2.6 If at the start of a meeting or during a meeting a quorum is not present, the meeting will act only to appoint a member to preside, if necessary, and for that presiding member to adjourn the meeting for a later time or date.

2.7 The business of any meeting will be set out in an agenda. An agenda will typically consist of the following procedural items ahead of the substantive business of the meeting:

• a. Chair’s Introduction – to receive any announcements from the Chair on procedural matters.
• b. Notifications of Attendance – To receive any apologies for absence or any other changes to the membership of the Cabinet since the agenda was issued.
• c. Declarations of Interest – To receive any declarations by Members of the Cabinet of any interests under the Members’ Code of Conduct in items on the agenda.
• d. Minutes of a previous meetings – to approve the minutes of a previous meetings as a correct record and signed by the Chair. The only part of the minutes that can be discussed in their accuracy.

2.8 The business of any meeting may also include:

• a. Verbal updates, for information purposes only.
• b. Reports on Executive matters for decision.
• c. Reports referred by other Council bodies.
• d. Discussion topics, called by the Leader either on their initiative or at the request of another Member of the Council. No decision may be made on such topics except to request a report be brought to a future meeting.
• e. Reports required by any of the Chief Officers addressing matters relating to their statutory duties.
• f. Matters referred to Cabinet by the Scrutiny and Performance Committee.

2.9 The Leader has power taking into account the advice of the Chief Executive, Monitoring Officer and/or Section 151 Officer to:

• a. convene as many Cabinet meetings as they think appropriate
• b. cancel and/ or reschedule meetings where necessary
• c. determine the agenda of Cabinet meetings.

2.10 In respect of a Cabinet Committee, the Chair of a Cabinet Committee has the same powers as the Leader has in respect of Cabinet meetings.

2.11 In respect of individual Cabinet Member meetings, the relevant Cabinet Member has the same powers as the Leader has in respect of Cabinet meetings.

2.12 The Monitoring Officer and/or Section 151 Officer may include an item for consideration on the agenda of any Executive meeting in pursuance of their statutory duties and may require the Proper Officer to call an Executive meeting for this purpose.

2.13 All meetings of the Cabinet shall be held in public except when confidential or exempt information is being discussed. The agenda of the meeting will identify any items that are not open to the public.

2.14 The Council will webcast all public meetings where possible.

2.15 Members of the Cabinet must be present in the room to participate in the meeting and to be recorded as ‘present’ in the minutes of the meeting.

Speaking Rights at Executive Meetings

2.16 The following have the right to speak at Executive meetings:

• a. The Leader and Cabinet
• b. The Chief Executive, Chief Financial Officer and Monitoring Officer in respect of the discharge of their statutory duties
• c. The Chair of the Scrutiny and Performance Committee in respect of a report by that Committee.

2.17 The Leader may permit other Councillors who are not Members of the Cabinet to speak at a meeting on any item on the agenda. Permission should normally be sought before the start of the meeting. Notice of those Members permitted to speak and the items they wish to speak on should be given to the clerk before the start of the meeting.

2.18 Other persons participating in the meeting may attend in person or remotely where facilities allow. Participation at a meeting by other persons, either in person or remotely, will be recorded in the minutes but does not count as being ‘present’ for the purposes of the record of attendance. Remote attendance is done at risk and the Council cannot guarantee the remote service.

2.19 Members must use the microphones where provided when speaking at a meeting.

Duration of Meeting

2.20 No meeting will exceed 3 hours without an affirmative vote by the Cabinet.

2.21 The Chair will ensure there are reasonable breaks during a meeting.

Adjournment of Meeting

2.22 A meeting may be adjourned to another day or hour but no business shall be transacted at an adjourned meeting except such as remains outstanding from the agenda for the original meeting.

The Content of Executive Reports

2.23 An Executive decision shall be taken by Cabinet or Portfolio Holder only on consideration of a full report by the relevant Officer(s), published in accordance with the Council’s Access to Information Procedure Rules (Part 3.6), which shall contain as a minimum:

• a. a recommended decision;
• b. a presentation of reasons for the recommendation being put forward;
• c. details of any other options considered and why those options were rejected;
• d. details of any consultation undertaken or proposed including, in respect of consultation undertaken, the nature and extent of the consultation undertaken with stakeholders and the overview and scrutiny Committees and the outcome of that consultation;
• e. consideration of the public sector equality duty, reduction of crime and disorder duty and any other statutory duties pertaining to the item of business;
• f. a consideration of the financial and legal issues pertaining to the matter, and such other matters as the Statutory Officers (the Head of Paid Service, Section 151 Officer or Monitoring Officer) may require;
• g. inclusion of referral to Council policies and corporate plan where relevant; plus
• h. a list compiled of any Background Papers to the report, meaning those documents other than published works that, in the opinion of the Proper Officer, relate to the subject matter of the report or, as the case may be, the part of the report; and
  • i. disclose any facts or matters on which the report or an important part of the report is based; and
  • ii. were relied on to a material extent in preparing the report; together with any additional comments the Cabinet Member with Portfolio wished to add to the report.

Debate at Meetings

2.24The Chair will have control of the meeting and will use their discretion to ensure the effective, efficient, fair and orderly conduct of the meeting.

2.25 The Chair will ensure that each item on the agenda is given due consideration and that each Member has the opportunity to contribute. Debates are to be conducted fairly and respectfully.

2.26 One Member may speak at a time. If a Member wishes to speak they will indicate to the Chair and wait to be called.

2.27 Members must act courteously and give the meeting their full attention.

2.28 Members must act transparently at all times. Any matters which are material to the subject of the discussion must be stated verbally at the meeting.

2.29 A Member may raise a point of order at any time and the Chair will hear them immediately. A point of order may only relate to an alleged breach of the Constitution or the law and the Member must initially indicate the rule or law alleged to have been broken before explaining their reasons. A valid point of order will be resolved by the Chair and the ruling will be final. Valid points of order and the resolution will be recorded in the minutes.

2.30 A Member may raise a point of personal explanation at any time and the Chair will hear them immediately. A point of personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood during the present debate. The ruling of the Chair of the admissibility of the personal explanation will be final.

2.31 The Chair shall maintain order and the meeting must be silent when the Chair speaks.

2.32 Any item where a decision is required will be decided by voting on a motion moved and seconded by separate members of the Committee. Moving and seconding a motion does not automatically stop a debate.

2.33 Multiple motions may be moved during the course of a debate but each motion will be put to the vote in the order in which it was seconded. If a motion is carried all other motions fall away.

Voting at Meetings

2.34 A decision will be made by a simple majority of those Members of the Cabinet present in the room at the time the question is put.

2.35 Unless a recorded vote is required, a vote will be taken by a show of hands. The minutes will only show whether or not the motion is carried.

2.36 Where any Member requests it immediately after a vote is taken, their vote will be so recorded in the minutes.

2.37 At any time before a vote is taken, a proposal for a recorded vote may be moved and if seconded will be voted on immediately without discussion. If so resolved the names for and against the motion or abstaining from voting will be taken down in writing and recorded in the minutes.

2.38 If there are equal votes for and against a motion, the Chair will have an additional casting vote. The Chair shall have absolute discretion as to how to apply the casting vote.

Disruption at Meetings

2.39 If a Member disrupts a meeting the Chair will warn them that their behaviour is unacceptable.

2.40 If the Member continues to disrupt the meeting the Chair may move that ‘the member be not heard further’. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must be silent and may not participate except to vote.

2.41 If the Member continues to disrupt the meeting after a motion that ‘the member be not heard further’ is passed the Chair may move that the Member leave the meeting. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must leave the meeting and may take no further part in the meeting including to vote.

2.42 If a member of the public disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the member of the public continues to disrupt the meeting the Chair may order their removal from the meeting.

2.43 In the event of a general disturbance the Chair may adjourn a meeting until order can be restored.

2.44 No plaques, banners, displays or other similar materials can be brought by the public into the meeting room.

Interpretation

2.45 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Section 3 – Annex A Cabinet Portfolio and Service Areas

3.1

Section 1 – Overview

1.1 Within this Part, unless specified otherwise:

• “the Committee” shall mean the “Scrutiny and Performance Committee”
• “the Chair” shall mean the “Chair of the Scrutiny and Performance Committee”
• “the Deputy Chair” shall mean the “Deputy Chair of the Scrutiny and Performance Committee”.

Purpose

1.2 The Committee will:

a. Act as the Council’s overview and scrutiny Committee in accordance with Section 21 of the Local Government Act 2000.
b. Act as the Council’s crime and disorder Committee in accordance with the Police and Justice Act 2006.
c. Be a critical friend to the Cabinet, developing and reviewing policy and holding the Executive to account.
d. Be the voice of the people on matters which affect the District.
e. Seek to have a positive impact on the delivery of public services.

Functions

1.3 The functions of the Committee are to:

Membership

1.4 The Committee will consist of twelve (12) Members of the Council which shall not include members of the Cabinet or the Chair of the Council.

1.5 Seats on the Committee will be allocated to political groups by Full Council in accordance with Section 15 of the Local Government and Housing Act 1989 (political balance rules).

1.6 Group Leaders will appoint eligible Members to the Committee and fill any vacancies subject to the political balance rules by giving notice in writing to the Democratic Services Manager.

1.7 The Committee may co-opt up to two non-voting members. Co-optees may attend, access relevant Committee papers and speak at meetings but not vote. Co-optees will not be eligible for allowances but may claim travelling and subsistence expenses.

1.8 No Member of the Committee may be involved in scrutinising a decision which they have been directly involved in making.

Substitutes 

1.9 Group Leaders may appoint Substitute Members to seats allocated to their Group in addition to their appointments to the Committee by giving notice in writing to the Democratic Services Manager.

1.10 An approved Substitute Member attending a meeting in place of the Ordinary Member will, where possible, give 24 hours notice to the Democratic Services Team and in any case prior to the start of the meeting.

1.11 Details of any substitutions will be announced at the start of the meeting and recorded in the minutes. No substitutions may be made after the meeting has started.

1.12 If the Ordinary Member attends after the substitution has been announced the Substitute Member will continue as the voting Member. If the Substitute Member fails to attend and the Ordinary Member is present the Ordinary Member may sit as the voting Member.

1.13 Where a Substitute has attended a meeting which is adjourned, the Ordinary Member may attend the reconvened meeting as the voting Member provided that the meeting is not part way through the consideration of an item or issue.

1.14 A Member attending as a Substitute Member has the full rights and is subject to the same requirements as the Member for whom they are substituting. 

1.15 Substitutes acting for a Member who is the Chair or Deputy Chair shall replace them only in their capacity as a Member of the Committee. 

Chair of the Committee

1.16 The Chair will be appointed by Full Council from amongst the Members of the largest minority group on the Council. The Deputy Chair will be appointed by Full Council from amongst the Members of the Council.

1.17 Appointments will normally be at the annual meeting or at other times in the event of a Vacancy.

1.18 The Chair and Deputy Chair will remain in office until their successors are appointed, or until:

• a. They resign;
• b. They cease to be a Member of the Committee.

Budget Scrutiny Working Group

1.19 The Committee will appoint a standing working group to lead on scrutinising the Council’s budget and budget setting process.

1.20 If appointed, the working group will:

• Be formed of 3 Members of the Committee and 2 Members of the Audit and Governance Committee, appointed by the relevant Committee at the first meeting of that Committee after the Annual Meeting of the Council.
  • Elect a working group chair from amongst the Members of the working group.
  • Prepare a plan in consultation with appropriate Officers for conducting its activities and make the plan available to relevant parties.
  • Exercise any evidence gathering power of the Committee in conducting its scrutiny activities in accordance with the plan.
  • Provide any recommendations to the Committee.

1.21 Access to Information Procedure Rules will not apply to such meetings and the meetings will not be open to the public. The agendas for each meeting will be made available to all Members in advance.

1.22 There will be no formal or published minutes of the meeting, however notes will be taken and circulated via the Mod.Gov app. Any notes or reports of working group meetings will be for internal use only.

1.23 Any recordings of internal meetings are for note-taking purposes only and cannot be shared following the meeting and will be destroyed once the minutes are produced.

Task and Finish Groups

1.24 The Committee may establish a Task and Finish Group and set the Terms of Reference of the Group (including applicable Access to Information Procedure Rules). These will usually be to conduct in-depth investigations and make recommendations to the parent Committee.

1.25 If appointed, the membership of the Task and Finish Group:

• Must consist of at least 1 member of the parent Committee.
• May include other Councillors or other persons based on the required skills or expertise.
• Need not be politically balanced.

1.26 No more than 1 Task and Finish Group may be in operation at any one time.

1.27 Any Task and Finish Group will:

• Elect a Chair from amongst the members of the Task and Finish Group.
• Prepare a plan in consultation with appropriate Officers for conducting its activities and make the plan available to relevant parties.
• Exercises any evidence gathering power of the Committee in conducting its scrutiny activities in accordance with the plan.
• Report regularly to the Committee throughout the review and provide any recommendations to the Committee at the end of the review.

1.28 A Task and Finish Group should consider a variety of different approaches and formats for conducting its activities

Section 2 – Scrutiny and Performance Procedure Rules

Meetings (General)

2.1 Article 10 applies.

2.2 The quorum of the Committee is three (3) voting Members.

2.3 If the Chair is present, the Chair shall preside at meetings of the Committee. In the absence of the Chair, if the Deputy Chair is present, the Deputy Chair shall preside. In the absence of both the Chair and the Deputy Chair, the Committee shall elect one of the Members of the Committee to preside.

2.4 The person presiding at any meeting shall have full powers of the Chair as they relate to the conduct of the meeting.

2.5 If at the start of a meeting or during a meeting a quorum is not present, the meeting will act only to appoint a Member to preside, if necessary, and for that presiding Member to adjourn the meeting for a later time or date.

2.6 Members of the Committee should sit with a strong sense of independence and exercise their functions free from instruction from any political party or group, i.e. “the party whip”. When considering any matter in respect of which a member of the Committee is subject to a party whip, the Member must declare the existence of the whip and the nature of it before the commencement of the Committee’s deliberations on the matter. The declaration shall be recorded in the minutes.

2.7 The business of any meeting will be set out in an agenda. An agenda will typically consist of the following procedural items ahead of the substantive business of the meeting:

• Chair’s Introduction – to receive any announcements from the Chair on procedural matters.
• Notifications of Attendance – To receive any apologies for absence and any attendance by substitutes or any other changes to the membership of the Committee since the agenda was issued.
• Declarations of Interest – To receive any declarations by members of the Committee of any interests under the Members’ Code of Conduct in items on the agenda, including declarations that a member is subject to a party whip.
• Minutes of a previous meetings – to approve the minutes of a previous meetings as a correct record and signed by the Chair. The only part of the minutes that can be discussed is their accuracy.

2.8 All meetings of the Committee shall be held in public except when confidential or exempt information is being discussed. The agenda of the meeting will identify any items that are not open to the public.

2.9 The Council will webcast all public meetings where possible.

2.10 Members of the Committee must be present in the room to participate in the meeting and to be recorded as ‘present’ in the minutes of the meeting.

2.11 The Chair may permit other Councillors who are not members of the Committee to speak at a meeting on any item on the agenda. Permission should normally be sought before the start of the meeting. Notice of those Councillors permitted to speak and the items they wish to speak on should be given to the clerk before the start of the meeting.

2.12 Other persons participating in the meeting may attend in person or remotely where facilities allow. Participation at a meeting by other persons, either in person or remotely, will be recorded in the minutes but does not count as being ‘present’ for the purposes of the record of attendance. Remote attendance is done at risk and the Council cannot guarantee the remote service.

2.13 Members must use the microphones where provided when speaking at a meeting.

2.14 No meeting will exceed 3 hours without an affirmative vote by the Committee.

2.15 The Chair will ensure there are reasonable breaks during a meeting.

2.16 A meeting may be adjourned to another day or hour but no business shall be transacted at an adjourned meeting except such as remains outstanding from the agenda for the original meeting.

2.17 The date, time and location of meetings will be determined by the Chief Executive in consultation with the Chair of the Committee.

Debate at Meetings

2.18 The Chair will have control of the meeting and will use their discretion to ensure the effective, efficient, fair and orderly conduct of the meeting.

2.19 The Chair will ensure that each item on the agenda is given due consideration and that each member has the opportunity to contribute. Debates are to be conducted fairly and respectfully.

2.20 One Member may speak at a time. If a Member wishes to speak they will indicate to the Chair and wait to be called.

2.21 Members must act courteously and give the meeting their full attention.

2.22 Members must act transparently at all times. Any matters which are material to the subject of the discussion must be stated verbally at the meeting.

2.23 A Member may raise a point of order at any time and the Chair will hear them immediately. A point of order may only relate to an alleged breach of this Constitution or the law and the member must initially indicate the rule or law alleged to have been broken before explaining their reasons. A valid point of order will be resolved by the Chair and the ruling will be final. Valid points of order and the resolution will be recorded in the minutes.

2.24 A Member may raise a point of personal explanation at any time and the Chair will hear them immediately. A point of personal explanation may only relate to some material part of an earlier speech by the Member which may appear to have been misunderstood during the present debate. The ruling of the Chair of the admissibility of the personal explanation will be final.

2.25 The Chair shall maintain order and the meeting must be silent when the Chair speaks.

2.26 Any item where a decision is required will be decided by voting on a motion moved and seconded by separate members of the Committee. Moving and seconding a motion does not automatically stop a debate.

2.27 Multiple motions may be moved during the course of a debate but each motion will be put to the vote in the order in which it was seconded. If a motion is carried all other motions fall away.

Voting at Meetings

2.28 A decision will be made by a simple majority of those Members of the Committee present in the room at the time the question is put.

2.29 Unless a recorded vote is required, a vote will be taken by a show of hands. The minutes will only show whether or not the motion is carried.

2.30 Where any Member requests it immediately after a vote is taken, their vote will be so recorded in the minutes.

2.31 At any time before a vote is taken, a proposal for a recorded vote may be moved and if seconded will be voted on immediately without discussion. If so resolved the names for and against the motion or abstaining from voting will be taken down in writing and recorded in the minutes.

2.32 If there are equal votes for and against a motion, the Chair will have an additional casting vote. The Chair shall have absolute discretion as to how to apply the casting vote.

Disruption at Meetings

2.33 If a Member disrupts a meeting the Chair will warn them that their behaviour is unacceptable.

2.34 If the Member continues to disrupt the meeting the Chair may move that ‘the Member be not heard further’. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must be silent and may not participate except to vote.

2.35 If the Member continues to disrupt the meeting after a motion that ‘the Member be not heard further’ is passed the Chair may move that the Member leave the meeting. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must leave the meeting and may take no further part in the meeting including to vote.

2.36 If a member of the public disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the member of the public continues to disrupt the meeting the Chair may order their removal from the meeting.

2.37 In the event of a general disturbance the Chair may adjourn a meeting until order can be restored.

2.38 No plaques, banners, displays or other similar materials can be brought by the public into the meeting room.

Reports from the Committee

2.39 Upon agreement of proposals or recommendations from the Committee a formal report will be prepared and submitted to the relevant person or body (e.g. recommendations in respect of Executive functions will be submitted to the Cabinet.) The Chief Executive will determine the appropriate route.

2.40 If the Committee cannot agree a single report then up to one minority report may be prepared and submitted with the majority report.

2.41 The receiving person or body must consider and respond to the report at the first reasonable opportunity.

2.42 Reports to Cabinet will be handled in accordance with the following process:

• a. The report will be circulated to all members of the Cabinet and the Chief Executive at the earliest opportunity.
• b. The report will then appear on the next Cabinet agenda along with any other supplementary information requested by the Leader. Reports received within 2 weeks of the publication of the next agenda may be deferred to the subsequent meeting.

2.43 Reports to Full Council will be handled in accordance with the following process:

• a. The report will be circulated to all members of the Cabinet and the Chief Executive at the earliest opportunity.
• b. Cabinet will have up to eight weeks to consider the report and Full Council will not consider it during that period.
• c. The report will then appear on the Full Council agenda along with any other reports or supplementary information requested by the Leader.

2.44 Reports to individuals will be handled in accordance with the following process:

• a. The report will be circulated to the individual, the Leader and the Chief Executive.
• b. The individual will respond in writing within eight weeks.
• c. If the individual is minded to disagree with the recommendations the report will be referred to Cabinet.

Call-in

2.45 Subject to the exceptions below, the Committee may examine any Executive decision prior to its implementation. The Call-in process should only be used in exceptional circumstances and where clear reasons are given for the Call-in request.

2.46 An Executive decision is one made by:

• the Cabinet;
• any Cabinet Committee;
• a Member of the Cabinet; or
• an Officer with delegated authority from the Cabinet.

2.47 A decision is not subject to Call-in if:

• it is a recommendation to Full Council;
• it is urgent whereby any delay would seriously prejudice the Council’s or the public’s interest;
• it is being made subject to the General Exemption procedure or the Special Urgency Procedure as set out in the Access to Information Procedure Rules (Part 3.6) ; or
• it is made by an Officer exercising delegated authority under the Constitution;
• A matter where the associated report has already been considered by the Committee;
• A planning, licensing or other regulatory or administrative decision;
• Any matter relating to an individual or entity where there is already a statutory right to review or appeal.

2.48 For a decision to be considered urgent:

• The Chair, or in their absence the Deputy Chair, or in their absence the Chair of the Council, must agree with the decision-maker that the decision is both reasonable and urgent.
• The relevant decision notice making an urgent decision will specify:
• i. that the decision is urgent and any delay would prejudice the Council’s or the public’s interest;
• ii. that the Call-in procedure does not apply;
• iii. the reasons for the urgency; and
• iv. that the appropriate Member has agreed that the decision is both reasonable and urgent.
• Decisions taken as a matter of urgency and the reasons for urgency shall be reported to the next ordinary meeting of Full Council.

2.49 As soon as possible after an Executive decision has been made and no later than 2 Working Days after the making of the decision, a decision notice will be issued to all Members and posted on the Council’s website.

2.50 The decision notice will include the publication date and an implementation date being 5 Working Days after the publication date. The decision will come into effect on or after the implementation date unless it is called in.

2.51 During the Call-in period, the Chief Executive shall call in a decision for review by the Committee if so requested by any three Members of the Committee or any 5 Members of the Council by completing the Call-in proforma.

2.52 The reasons for a Call-in must include that the decision fails against at least one of the decision-making principles, and specify which, namely:

• a. proportionality (i.e. the action must be proportionate to the desired outcome);
• b. due consultation and the taking of professional advice from Officers;
• c. respect for human rights;
• d. openness;
• e. clarity of aims and desired outcomes;
• f. is reasonable and is based only upon relevant information; and/or
• g. the decision lacks an explanation of what options were considered and the reasons for the decision.

2.53 Upon receipt of a Call-in request, the Monitoring Officer in consultation with the Chair will determine whether the request is valid and will arrange to notify the Members requesting the Call-in, the decision maker and the Committee. The decision will be held in abeyance until the Call-in process is resolved.

2.54 The Chief Executive, in consultation with the Chair and Deputy Chair, may reject a Call-in request if, in their opinion, the Call-in is vexatious, frivolous or defamatory or fails to set out clear reasons for the Call-in request.

2.55 The Call-in will be considered by the Committee at a special meeting within 10 Working Days of the end of the Call-in period or at the next meeting of the Committee whichever is sooner.

2.56 A Call-in request can be withdrawn at any time prior to it being considered by written notice of withdrawal to the Chief Executive signed by the signatories to the Call-in request proforma.

2.57 At a meeting to consider a Call-in:

• The reasons for the Call-in will be explained by one of the signatories to the Call-in request.
• The decision maker or a representative of the decision maker may respond.
• The Committee may ask any questions of either party or to Officers. No Officer will be required to explain matters within the discretion of the decision-maker.
• Debate by the Committee.
• Resolution.

2.58 Without prejudice to any other resolutions (e.g. recommendations as to future conduct) which the Committee may adopt, the Committee is to come to one of the following conclusions:

• Take no further action on the Call-in. The decision may be implemented.
• The decision is to be referred back to the decision-maker for consideration of the Committee’s concerns which are to be stated; or
• The decision is to be referred to the Full Council noting that Full Council may only overturn the decision if it is contrary to the Budget or Policy Framework. Other than in exceptional circumstances, the Committee will only resolve to refer the matter to Council where they consider it to be contrary to the Budget or Policy framework.

2.59 If the decision is referred by the Committee back to the decision-maker, the decision-maker shall then reconsider, within a further 10 Working Days, whether to amend the decision before adopting a final decision.

2.60 If the decision is referred by the Committee to Full Council, Full Council will consider it at an extraordinary meeting within a further 10 Working Days or at its next meeting whichever is sooner. The meeting will follow the procedure as above.

2.61 Without prejudice to any other resolution (e.g. recommendation as to future conduct) which Full Council may adopt, Full Council is to come to one of the following conclusions:

• Take no further action on the Call-in. The decision may be implemented.
• The decision is to be referred back to the decision-maker for consideration of the Council’s concerns which are to be stated; or
• If the original decision involved a departure from the Council’s Budget or Policy framework the Council may alter the decision or the Budget or Policy framework in so far as it makes the decision compliant.

2.62 If the decision is referred by Full Council back to the decision-maker, the decision-maker shall then reconsider within a further 10 Working Days whether to amend the decision before adopting a final decision.

Councillor Call for Action (CCfA)

2.63 CCfA is a process for a Member to act on behalf of residents to resolve a local issue of concern, acting as a last resort for those who cannot get issues resolved through other means, and this can include crime and disorder matters.

2.64 Under Section 119 of the Local Government and Public Involvement in Health Act 2007 a Councillor may call for a debate and discussion at Committee on a topic of neighbourhood concern. These powers are limited to an issue which affects a single ward.

2.65 The following matters may not be raised under this procedure:

• Any matter relating to a planning decision;
• Any matter relating to a licensing decision;
• Any matter relating to an individual or entity in respect of which that individual or entity as a right of recourse or appeal conferred by or under any enactment;
• Any matter which is vexatious, discriminatory or not reasonable to be discussed at a meeting of the Committee;
• Any matter which is the subject of an ombudsman complaint or other official complaint procedure; or
• Any matter which has recently been examined by the Committee.

2.66 A Councillor raising an issue under this procedure must:

• Clearly identify the issue for action in writing;
• Take all reasonable steps to resolve the issue through established mechanisms and demonstrate that no other action is available.

2.67 Other actions may include but are not limited to:

• Liaising with Officers
• Liaising with Cabinet Members
• Liaising with partners such as other Councils, blue light services or Members of Parliament.

2.68 The Chair in consultation with the Chief Executive will determine whether to accept the CCfA and notify the Councillor raising the issue in writing within 5 Working Days. If the CCfA relates to a crime and disorder matter the relevant responsible partners will also be notified.

2.69 An accepted CCfA will be considered at the next meeting of the Committee unless the Chair and Chief Executive agree that a special meeting is required.

2.70 In preparation for the consideration of a CCfa, the Chair will consult the Councillor raising the issue and appropriate Officers and arrange for any relevant witnesses, partners and/or evidence to be available at the meeting.

2.71 The Committee is to come to one of the following conclusions:

• Take no further action on the CCfA;
• Refer the CCfA to the appropriate Council body or partner organisation with recommendations; or
• Carry out further investigation.

2.72 Notice of the outcome of the CCfA will be made available to all relevant individuals or organisations within 5 Working Days of the meeting.

Evidence Gathering

2.73 The Committee may require any member of the Cabinet, any of the Chief Officers, (Corporate Directors) or any relevant Head of Service (where the Head of Service is the relevant report author or decision maker) to attend before it and provide a report or answer questions relating to matters within their remit.

2.74 Attendance by Heads of Service other than the relevant report author or decision maker or any other Officer is at the discretion of the Chief Executive.

2.75 Persons so required to attend have a duty to attend and satisfy the Committee to the best of their ability.

2.76 No Officer will be required to explain matters within the discretion of Cabinet.

2.77 Nothing in this section shall require a Member or Officer so called to divulge in public any information which would otherwise be considered confidential or exempt from disclosure.

2.78 Where, in exceptional circumstances, the required person is unable to attend on the scheduled date, the Chair will agree an alternative date or for a substitute to attend.

2.79 The Committee may invite any other person or body to address it to answer questions or give evidence.

2.80 Where any person is required or invited to attend a meeting of the Committee or any working group the following principles shall apply:

• investigations shall be conducted fairly and all members of the Committee or working group will be given the opportunity to ask questions and comment.
• those assisting the Committee be treated with respect and courtesy.
• investigations be conducted so as to maximise the efficiency and effectiveness of the investigation.

Working Methods

2.81 The following principles should be adhered to by the Committee when carrying out their work:

• a. a variety of different approaches and formats for meetings may be used;
• b. Task and Finish Groups will report periodically and at the end of reviews to the Committee;
• c. Membership of the Committees should be tailored to ensure appropriate skills and expertise, and external input, are brought to bear;
• d. when appropriate, full consultation with all other stakeholder groups and organisations should take place;
• e. the Declaration of Interest (Part 4.1, Part 2) rules will apply;
• f. the imposition of the Party Whip is regarded as being incompatible with the work of the Scrutiny and Performance Committee; and
• g. where the Committee is reviewing the work of a regulatory or other Committee of the Council (as opposed to the Executive), they will not scrutinise individual decisions made by such Committees, particularly decisions in respect of planning, licensing, registration, consents, and other permissions. Scrutiny will not be an alternative to the normal appeals procedures. However, the Committee has the power to make reports and recommendations on functions which are not the responsibility of the Executive, an option normally to be used as part of wider policy reviews.

Support

2.82 In order that the Committee can perform its role properly, they will be given the following support:

• a. effective and properly resourced support from Officers;
• b. appropriate financial resources;
• c. access to the advice of the Council’s Monitoring Officer;
• d. the ability to require Cabinet Members and Officers to attend to answer questions;
• e. specific training and development for all persons who undertake scrutiny duties; and
• f. access to the Forward Plan, containing details of all the matters likely to be the subject of Key Decisions, or to be considered in private by the Executive, or its Committees or by Officers.

External Partners

2.83 The Committees may receive reports on the work of outside bodies.

2.84 The Committee may invite representatives of external stakeholders to address the Committee on the work of that stakeholder body.

Miscellaneous

2.85 Regular meetings should be held between the Chairs and Deputy Chairs of the Committee and the Audit and Governance Committee to discuss the work programmes for the respective Committees.

2.86 A 12-month detailed forward work programme should be agreed at the start of the municipal year and updated at each meeting as required.

Interpretation

2.87 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Section 1 – Overview

1.1 Within this Part, unless specified otherwise:

• “the Committee” shall mean the “Audit and Governance Committee”
• “the Chair” shall mean the “Chair of the Audit and Governance Committee”
• “the Deputy Chair” shall mean the Deputy Chair of the “Audit and Governance Committee.”

Purpose

1.2 A Committee to provide an independent and high-level focus on the adequacy of governance, risk and control arrangements.

Functions

1.3 The functions of the Committee are:

Audit – General

Internal Audit

External Audit

  Governance Reporting

Financial Reporting

Accountability

Electoral

Membership

1.4 The Committee will consist of twelve (12) Members of the Council which shall not include members of the Cabinet or the Chair of the Council.

1.5 Seats on the Committee will be allocated to political groups by Full Council in accordance with Section 15 of the Local Government and Housing Act 1989 (political balance rules).

1.6 Group Leaders will appoint eligible Members to the Committee and fill any vacancies subject to the political balance rules by giving notice in writing to the Democratic Services Manager.

1.7 The Committee may appoint up to 2 independent non-voting members. Independent Members will be eligible for allowances and may claim travelling and subsistence expenses in accordance with the Members’ Allowances Scheme.

Substitutes 

1.8 Group Leaders may appoint Substitute Members to seats allocated to their Group in addition to their appointments to the Committee by giving notice in writing to the Democratic Services Manager.

1.9 An approved Substitute Member attending a meeting in place of the Ordinary Member will, where possible, give 24 hours notice to the Democratic Services Team and in any case prior to the start of the meeting.

1.10 Details of any substitutions will be announced at the start of the meeting and recorded in the minutes. No substitutions may be made after the meeting has started.

1.11 If the Ordinary Member attends after the substitution has been announced the Substitute Member will continue as the voting Member. If the Substitute Member fails to attend and the Ordinary Member is present the Ordinary Member may sit as the voting Member.

1.12 Where a Substitute has attended a meeting which is adjourned, the Ordinary Member may attend the reconvened meeting as the voting Member provided that the meeting is not part way through the consideration of an item or issue.

1.13 A Member attending as a Substitute Member has the full rights and is subject to the same requirements as the Member for whom they are substituting. 

1.14 Substitutes acting for a Member who is the Chair or Deputy Chair shall replace them only in their capacity as a Member of the Committee. 

Chair of the Committee

1.15 The Chair and Deputy Chair will be appointed by Full Council from amongst the Members of the Committee.

1.16 Appointments will normally be at the annual meeting or at other times in the event of a Vacancy.

1.17 The Chair and Deputy Chair will remain in office until their successors are appointed, or until:

• They resign;
• They cease to be a Member of the Committee.

Task and Finish Groups

1.29 The Committee may establish a Task and Finish Group and set the Terms of Reference of the Group (including applicable Access to Information Procedure Rules),. These will usually be to conduct in-depth investigations and make recommendations to the parent Committee.

1.30 If appointed, the membership of the Task and Finish Group:

• Must consist of at least 1 member of the parent Committee.
• May include other Councillors or other persons based on the required skills or expertise.
• Need not be politically balanced.

1.31 No more than 1 Task and Finish Group may be in operation at any one time.

1.32 Any Task and Finish Group will:

• Elect a Chair from amongst the members of the Task and Finish Group.
• Prepare a plan in consultation with appropriate Officers for conducting its activities and make the plan available to relevant parties.
• Exercises any evidence gathering power of the Committee in conducting its activities in accordance with the plan.
• Report regularly to the Committee throughout the review and provide any recommendations to the Committee at the end of the review.

1.33 A Task and Finish Group should consider a variety of different approaches and formats for conducting its activities.

Section 2 – Audit and Governance Committee Procedure Rules

Meetings (General)

2.1 Article 10 applies.

2.2 The quorum of the Committee is three (3) voting Members.

2.3 If the Chair is present, the Chair shall preside at meetings of the Committee. In the absence of the Chair, if the Deputy Chair is present, the Deputy Chair shall preside. In the absence of both the Chair and the Deputy Chair, the Committee shall elect one of the Members of the Committee to preside.

2.4 The person presiding at any meeting shall have full powers of the Chair as they relate to the conduct of the meeting.

2.5 If at the start of a meeting or during a meeting a quorum is not present, the meeting will act only to appoint a member to preside, if necessary, and for that presiding Member to adjourn the meeting for a later time or date.

2.6 The business of any meeting will be set out in an agenda. An agenda will typically consist of the following procedural items ahead of the substantive business of the meeting:

• Chair’s Introduction – to receive any announcements from the Chair on procedural matters.
• Notifications of Attendance – To receive any apologies for absence and any attendance by substitutes or any other changes to the membership of the Committee since the agenda was issued.
• Declarations of Interest – To receive any declarations by members of the Committee of any interests under the Members’ Code of Conduct in items         on the agenda, including declarations that a member is subject to a party whip.            
• Minutes of a previous meetings – to approve the minutes of a previous meetings as a correct record and signed by the Chair. The only part of the minutes that can be discussed is their accuracy.

2.7 All meetings of the Committee shall be held in public except when confidential or exempt information is being discussed. The agenda of the meeting will identify any items that are not open to the public.

2.8 The Council will webcast all public meetings where possible.

2.9 Members of the Committee must be present in the room to participate in the meeting and to be recorded as ‘present’ in the minutes of the meeting.

2.10 The Chair may permit other Councillors who are not members of the Committee to speak at a meeting on any item on the agenda. Permission should normally be sought before the start of the meeting. Notice of those Councillors permitted to speak and the items they wish to speak on should be given to the clerk before the start of the meeting.

2.11 Other persons participating in the meeting may attend in person or remotely where facilities allow. Participation at a meeting by other persons, either in person or remotely, will be recorded in the minutes but does not count as being ‘present’ for the purposes of the record of attendance. Remote attendance is done at risk and the Council cannot guarantee the remote service.

2.12 Members must use the microphones where provided when speaking at a meeting.

2.13 No meeting will exceed 3 hours without an affirmative vote by the Committee.

2.14 The Chair will ensure there are reasonable breaks during a meeting.

2.15 A meeting may be adjourned to another day or hour but no business shall be transacted at an adjourned meeting except such as remains outstanding from the agenda for the original meeting.

2.16 The date, time and location of meetings will be determined by the Chief Executive in consultation with the Chair of the Committee.

Debate at Meetings

2.17 The Chair will have control of the meeting and will use their discretion to ensure the effective, efficient, fair and orderly conduct of the meeting.

2.18 The Chair will ensure that each item on the agenda is given due consideration and that each member has the opportunity to contribute. Debates are to be conducted fairly and respectfully.

2.19 One Member may speak at a time. If a Member wishes to speak they will indicate to the Chair and wait to be called.

2.20 Members must act courteously and give the meeting their full attention.

2.21 Members must act transparently at all times. Any matters which are material to the subject of the discussion must be stated verbally at the meeting.

2.22 A Member may raise a point of order at any time and the Chair will hear them immediately. A point of order may only relate to an alleged breach of this Constitution or the law and the member must initially indicate the rule or law alleged to have been broken before explaining their reasons. A valid point of order will be resolved by the Chair and the ruling will be final. Valid points of order and the resolution will be recorded in the minutes.

2.23 A Member may raise a point of personal explanation at any time and the Chair will hear them immediately. A point of personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood during the present debate. The ruling of the Chair of the admissibility of the personal explanation will be final.

2.24 The Chair shall maintain order and the meeting must be silent when the Chair speaks.

2.25 Any item where a decision is required will be decided by voting on a motion moved and seconded by separate members of the Committee. Moving and seconding a motion does not automatically stop a debate.

2.26 Multiple motions may be moved during the course of a debate but each motion will be put to the vote in the order in which it was seconded. If a motion is carried all other motions fall away.

Voting at Meetings

2.27 A decision will be made by a simple majority of those members of the Committee present in the room at the time the question is put.

2.28 Unless a recorded vote is required, a vote will be taken by a show of hands. The minutes will only show whether or not the motion is carried.

2.29 Where any Member requests it immediately after a vote is taken, their vote will be so recorded in the minutes.

2.30 At any time before a vote is taken, a proposal for a recorded vote may be moved and if seconded will be voted on immediately without discussion. If so resolved the names for and against the motion or abstaining from voting will be taken down in writing and recorded in the minutes.

2.31 If there are equal votes for and against a motion, the Chair will have an additional casting vote. The Chair shall have absolute discretion as to how to apply the casting vote.

Disruption at Meetings

2.32 If a Member disrupts a meeting the Chair will warn them that their behaviour is unacceptable.

2.33 If the Member continues to disrupt the meeting the Chair may move that ‘the member be not heard further’. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must be silent and may not participate except to vote.

2.34 If the Member continues to disrupt the meeting after a motion that ‘the member be not heard further’ is passed the Chair may move that the Member leave the meeting. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must leave the meeting and may take no further part in the meeting including to vote.

2.35 If a member of the public disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the member of the public continues to disrupt the meeting the Chair may order their removal from the meeting.

2.36 In the event of a general disturbance the Chair may adjourn a meeting until order can be restored.

2.37 No plaques, banners, displays or other similar materials can be brought by the public into the meeting room.

Miscellaneous

2.38 Regular meetings should be held between the Chairs and Deputy Chairs of the Committee and the Scrutiny and Performance Committee to discuss the work programmes for the respective Committees.

2.39 A 12-month detailed forward work programme should be agreed at the start of the municipal year and updated at each meeting as required.

Interpretation

2.40 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Section 1 – Overview

1.1 Within this Part, unless specified otherwise:

• “the Committee” shall mean the “Standards Committee”
• “the Chair” shall mean the “Chair of the Standards Committee”
• “the Deputy Chair” shall mean the “Deputy Chair of the Standards Committee”.

Purpose

1.2 A Committee to promote and maintain high standards of conduct by Councillors and Co-opted Members .

Functions

1.3 The functions of the Committee are:

Standards Hearing Sub-Committee

1.4 Shall be a Sub-Committee of the Standards Committee:

• a. Shall comprise not less than 3 elected Members of the Standards Committee
• b. Shall be politically proportionate
• c. Shall hear and determine complaints referred to the Sub-Committee in accordance with arrangements adopted by the Council.

Membership

1.5 The Committee will consist of:

• a. Six (6) Members of the Council which shall not include members of the Cabinet or the Chair of the Council and
• b. up to three (3) non-voting members of town and parish councils from within the Council’s area (a Parish Member). Co-optees will be nominated by the Wealden District Association of Local Councils and nominations must comply with the same criteria used for Independent Persons, with the exception of the political criteria).6 Seats on the Committee will be allocated to political groups by Full Council in accordance with Section 15 of the Local Government and Housing Act 1989 (political balance rules).

1.6 Group Leaders will appoint eligible Members to the Committee and fill any vacancies subject to the political balance rules by giving notice in writing to the Democratic Services Manager.

1.7 Co-optees may attend, access relevant Committee papers and speak at meetings but not vote. Co-optees will not be eligible for allowances but may claim travelling and subsistence expenses in accordance with the Members’ Allowances Scheme.

Substitutes 

1.8 Group Leaders may appoint Substitute Members to seats allocated to their Group in addition to their appointments to the Committee by giving notice in writing to the Democratic Services Manager.

1.9 An approved Substitute Member attending a meeting in place of the Ordinary Member will, where possible, give 24 hours notice to the Democratic Services Team and in any case prior to the start of the meeting.

1.10 Details of any substitutions will be announced at the start of the meeting and recorded in the minutes. No substitutions may be made after the meeting has started.

1.11 If the Ordinary Member attends after the substitution has been announced the Substitute Member will continue as the voting Member. If the Substitute Member fails to attend and the Ordinary Member is present the Ordinary Member may sit as the voting Member.

1.12 Where a Substitute has attended a meeting which is adjourned, the Ordinary Member may attend the reconvened meeting as the voting Member provided that the meeting is not part way through the consideration of an item or issue.

1.13 A Member attending as a Substitute Member has the full rights and is subject to the same requirements as the Member for whom they are substituting. 

1.14 Substitutes acting for a Member who is the Chair or Deputy Chair shall replace them only in their capacity as a Member of the Committee. 

Chair of the Committee

1.15 The Chair and Deputy Chair will be appointed by Full Council from amongst the Members of the Committee.

1.16 Appointments will normally be at the Annual Meeting or at other times in the event of a Vacancy.

1.17 The Chair and Deputy Chair will remain in office until their successors are appointed, or until:

• a. They resign;
• b. They cease to be a member of the Committee.

Independent Persons

1.18 Pursuant to section 28(7) of the Localism Act 2011 the Council will appoint two Independent Persons to assist the Monitoring Officer, the Committee and those involved with standards complaints

1.19 The Independent Person will receive all agendas and minutes of the Committee and will be expected to attend those meetings and speak with the agreement of the Chair. The Independent Person is not a member of the Committee.

1.20 Complainants and Members (in relation to a Members’ Code of Conduct complaint) may have access to the relevant Independent Person, but the Independent Person will not give their views on the merits or otherwise of the complaint but will assist with procedural matters.

1.21 The Monitoring Officer will seek the views of the Independent Person before reaching a decision on whether any further action should be taken on a written complaint and will do so ahead of any decision being taken on a matter that has been investigated.

1.22 Where the Independent Person finds themselves with a conflict of interest another Independent Person will deal with the complaint. If, however, that person also has a conflict then an Independent Person in a neighbouring authority can be consulted.

1.23 The Independent Person may assist the Monitoring Officer or Committee in any training.

1.24 The Independent Person has a right to access of any confidential information required to carry out their roles.

1.25 The Independent Person will agree to sign the Members’ Code of Conduct and complete a register of interests form to be held by the Monitoring Officer and will declare any relevant interests in relation to cases to the Monitoring Officer who will decide whether the interest conflicts them out of involvement with the matter.

1.26 The Independent Person will not make any comments to the media without prior agreement from the Monitoring Officer.

1.27 Independent Persons will be eligible for allowances and may claim travelling and subsistence expenses in accordance with the Members’ Allowances Scheme.

1.28 Independent Persons may be appointed as members of the Independent Panel.

Section 2 – Standards Committee Procedure Rules

Meetings (General)

2.1 Article 10 applies.

2.2 The quorum of the Committee is three (3) voting Members.

2.3 If the Chair is present, the Chair shall preside at meetings of the Committee. In the absence of the Chair, if the Deputy Chair is present, the Deputy Chair shall preside. In the absence of both the Chair and the Deputy Chair, the Committee shall elect one of the members of the Committee to preside.

2.4 The person presiding at any meeting shall have full powers of the Chair as they relate to the conduct of the meeting.

2.5 If at the start of a meeting or during a meeting a quorum is not present, the meeting will act only to appoint a Member to preside, if necessary, and for that presiding Member to adjourn the meeting for a later time or date.

2.6 The business of any meeting will be set out in an agenda. An agenda will typically consist of the following procedural items ahead of the substantive business of the meeting:

• Chair’s Introduction – to receive any announcements from the Chair on procedural matters.
• Notifications of Attendance – To receive any apologies for absence and any attendance by substitutes or any other changes to the membership of the Committee since the agenda was issued.
• Declarations of Interest – To receive any declarations by members of the Committee of any interests under the Members’ Code of Conduct in items on the agenda, including declarations that a member is subject to a party whip.
• Minutes of a previous meetings – to approve the minutes of a previous meetings as a correct record and signed by the Chair. The only part of the minutes that can be discussed is their accuracy.

2.7 All meetings of the Committee shall be held in public except when confidential or exempt information is being discussed. The agenda of the meeting will identify any items that are not open to the public.

2.8 The Council will webcast all public meetings where possible.

2.9 Members of the Committee must be present in the room to participate in the meeting and to be recorded as ‘present’ in the minutes of the meeting.

2.10 The Chair may permit other Councillors who are not members of the Committee to speak at a meeting on any item on the agenda. Permission should normally be sought before the start of the meeting. Notice of those Councillors permitted to speak and the items they wish to speak on should be given to the clerk before the start of the meeting.

2.11 Other persons participating in the meeting may attend in person or remotely where facilities allow. Participation at a meeting by other persons, either in person or remotely, will be recorded in the minutes but does not count as being ‘present’ for the purposes of the record of attendance. Remote attendance is done at risk and the Council cannot guarantee the remote service.

2.12 Members must use the microphones where provided when speaking at a meeting.

2.13 No meeting will exceed 3 hours without an affirmative vote by the Committee.

2.14 The Chair will ensure there are reasonable breaks during a meeting.

2.15 A meeting may be adjourned to another day or hour but no business shall be transacted at an adjourned meeting except such as remains outstanding from the agenda for the original meeting.

2.16 The date, time and location of meetings of the Committee will be determined by the Chief Executive in consultation with the Chair of the Committee.

Debate at Meetings

2.17 The Chair will have control of the meeting and will use their discretion to ensure the effective, efficient, fair and orderly conduct of the meeting.

2.18 The Chair will ensure that each item on the agenda is given due consideration and that each member has the opportunity to contribute. Debates are to be conducted fairly and respectfully.

2.19 One Member may speak at a time. If a Member wishes to speak they will indicate to the Chair and wait to be called.

2.20 Members must act courteously and give the meeting their full attention.

Members must act transparently at all times. Any matters which are material to the subject of the discussion must be stated verbally at the meeting.

2.21 A Member may raise a point of order at any time and the Chair will hear them immediately. A point of order may only relate to an alleged breach of this Constitution or the law and the member must indicate the rule or law alleged to have been broken. A valid point of order will be resolved by the Chair and the ruling will be final. Valid points of order and the resolution will be recorded in the minutes.

2.22 A Member may raise a point of personal explanation at any time and the Chair will hear them immediately. A point of personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood during the present debate. The ruling of the Chair of the admissibility of the personal explanation will be final.

2.23 The Chair shall maintain order and the meeting must be silent when the Chair speaks.

2.24 Any item where a decision is required will be decided by voting on a motion moved and seconded by separate Members of the Committee. Moving and seconding a motion does not automatically stop a debate.

2.25 Multiple motions may be moved during the course of a debate but each motion will be put to the vote in the order in which it was seconded. If a motion is carried all other motions fall away.

Voting at Meetings

2.27 A decision will be made by a simple majority of those members of the Committee present in the room at the time the question is put.

2.28 Unless a recorded vote is required, a vote will be taken by a show of hands. The minutes will only show whether or not the motion is carried.

2.29 Where any Member requests it immediately after a vote is taken, their vote will be so recorded in the minutes.

2.30 At any time before a vote is taken, a proposal for a recorded vote may be moved and if seconded will be voted on immediately without discussion. If so resolved the names for and against the motion or abstaining from voting will be taken down in writing and recorded in the minutes.

2.31 If there are equal votes for and against a motion, the Chair will have an additional casting vote. The Chair shall have absolute discretion as to how to apply the casting vote.

Disruption at meetings

2.32 If a Member disrupts a meeting the Chair will warn them that their behaviour is unacceptable.

2.33 If the Member continues to disrupt the meeting the Chair may move that ‘the member be not heard further’. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must be silent and may not participate except to vote.

2.34 If the Member continues to disrupt the meeting after a motion that ‘the member be not heard further’ is passed the Chair may move that the Member leave the meeting. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must leave the meeting and may take no further part in the meeting including to vote.

2.35 If a member of the public disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the member of the public continues to disrupt the meeting the Chair may order their removal from the meeting.

2.36 In the event of a general disturbance the Chair may adjourn a meeting until order can be restored.

2.37 No plaques, banners, displays or other similar materials can be brought by the public into the meeting room.

Interpretation

2.38 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Standards Hearings

2.39 Separate procedures will apply where the Committee or a Sub-Committee is conducting a standards hearing. A link to the Council’s Standards Arrangements for dealing with Member complaints can be accessed here (Standards Arrangements).

Section 1 – Overview

1.1 Within this Part, unless specified otherwise: 

• “the Committee” shall mean the “Majors Planning Committee” or “Minors Planning Committee” 
• “Planning Committees” shall mean the “Majors Planning Committee” and “Minors Planning Committee” 
• “the Chair” shall mean the “Chair of the (Majors or Minors) Planning Committee” 
• “the Deputy Chair” shall mean the Deputy Chair of the (Majors or Minors) Planning Committee. 
• “HPES” means the Head of Planning and Environmental Services.
• “HPPECC” means the Head of Planning Policy, Economy and Climate Change. 

 Purpose

1.2 The Council has established 2 Planning Committees to undertake planning development management functions.  

Functions

1.3 The functions of the Planning Committees are:

• Functions relating to Town and country planning and development control as specified in Part A of Schedule 1 of the Functions Regulations;
• Functions relating to the discharge of the Council’s functions under the Town and Country Planning Act 1990 the Planning (Listed Buildings and Conservation Area) Act 1990 and the Planning (Hazardous Substances) Act 1990 which are not functions of the Council’s Executive in accordance with this Constitution, and regulations 3-5 and schedules 2-4 of the Functions Regulations;
• Functions relating to common land and town or village greens as specified in Part B of Schedule 1 of the Functions Regulations.
• Functions relating to the preservation of trees and protection of hedgerows as specified in Part II (other miscellaneous functions) of Schedule 1 to the Functions Regulations;
• To exercise the following Local Choice Functions except where these are delegated to Officers:
• a.          any function relating to contaminated land to the extent that the function does not involve the formulation of a strategic policy;
• b.         obtaining information from Section 330 of the Town and Country Planning Act 1990 as to interests in land;
• c.          The making of agreements for the execution of highway works. 
• The discharge of the associated powers referred to in Regulations 2(2), 2(3) and 2(4) of the Functions Regulations as far as they relate to the functions described above, including functions relating to highways to the extent that they relate or are associated with planning matters;
• Functions relating to public rights of way as set out in Part I (functions relating to public rights of way) of Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000.

1.4 The Majors Planning Committee shall determine planning applications which meet the definition of Major Applications as set out in paragraph 19.05 below and which are referred to Committee in accordance with the Planning Referral Process (Part 2.7, Section 4, Annex B).

1.5 Major Applications (outline, full or reserved matters) comprising:

• a. 10 or more dwellings, or the site area is 0.5 hectares or more where the number of dwellings is not specified; and/or 
• b. new floor space of 1000 sq. metres or more, or the site area is 1 hectare or more where the floor space involved is not specified; 

EXCEPT for a variation of any scheme previously approved by any Planning Committee which are delegated to the HPES. 

1.6 The Minors Planning Committee shall determine those planning applications which are referred to Committee in accordance with the Planning Referral Process and are not expressly reserved to the Majors Planning Committee.

1.7 All planning functions not expressly reserved to the Majors Planning Committee or the Minors Planning Committee are delegated to Officers pursuant to the Planning Referral Process and as set out in the Officer Scheme of Delegation (Part 2.13)

1.8 For the avoidance of doubt, the Director of Place or the HPES may refer a matter to the Majors or Minors Planning Committee rather than determining it under delegated powers where they consider it is not appropriate to exercise the delegation arrangements for any reason.  

 Membership 

1.9 Each Committee will consist of nine (9) Members of the Council which shall not include the Chair of the Council (see also 1.14 below).  

1.10 Seats on the Committee will be allocated to political groups by Full Council in accordance with Section 15 of the Local Government and Housing Act 1989 (political balance rules).  

1.11 Group Leaders will appoint eligible Members to the Committee and fill any vacancies subject to the political balance rules by giving notice in writing to the Democratic Services Manager.

1.12 The relevant planning Portfolio Holder shall be a non-voting ex-officio member of each Committee unless appointed in their own right. 

1.13 No Committee Member or appointed Substitute will be able to exercise their powers on the Committee until they have attended all relevant mandatory training or other training as prescribed by the Monitoring Officer.  

Substitutes 

1.14 There shall be a further five (5) Members selected to sit as appointed Substitute Members, as and when required. No further changes to planning Committee memberships shall be permitted. 

1.15 Group Leaders may appoint Substitute Members to seats allocated to their Group by giving notice in writing to the Democratic Services Manager.

1.16 An approved Substitute Member attending a meeting in place of the Ordinary Member will, where possible, give 24 hours notice to the Democratic Services Team and in any case prior to the start of the meeting.

1.17 Details of any substitutions will be announced at the start of the meeting and recorded in the minutes. No substitutions may be made after the meeting has started.

1.18 If the Ordinary Member attends after the substitution has been announced the Substitute Member will continue as the voting Member. If the Substitute Member fails to attend and the Ordinary Member is present the Ordinary Member may sit as the voting Member.

1.19 Where a Substitute has attended a meeting which is adjourned, the Ordinary Member may attend the reconvened meeting as the voting Member provided that the meeting is not part way through the consideration of an item or issue.

1.20 A Member attending as a Substitute Member has the full rights and is subject to the same requirements as the Member for whom they are substituting. 

1.21 Substitutes acting for a Member who is the Chair or Deputy Chair shall replace them only in their capacity as a Member of the Committee. 

1.22 Attention is drawn to the decision-making principles in the Planning Code of Good Practice.

Local Ward Member  

1.23 The Local Ward Member shall mean the Member for the ward in which the planning application site is located. 

1.24 Where any of the Qualifying Planning Referral Criteria set out in Annex A applies, the Local Ward Member shall be consulted in accordance with the Planning Referral Process in Annex B.

1.25 In the event of there being 2 Members for a ward they shall agree between themselves who shall act as the appointed Local Ward Member (‘the Appointed Local Ward Member’) for the year for the purposes of the consultation referred to in paragraph 1.24 above. In the absence of agreement, the Chair of the Majors Planning Committee shall determine who shall be the Appointed Local Ward Member. 

1.26 Both the Appointed Local Ward Member and the Local Ward Member in a dual Councillor ward will be entitled to address the Committee (not to exceed five minutes) on an application on behalf of their residents, should they wish to do so. 

1.27 The Appointed Local Ward Member for these purposes shall nominate the other Local Ward Member to act in their place, or in a single Member ward, any other Member, if they are unable to act (including where the Member has a Disclosable Pecuniary Interest, Prejudicial Interest or a conflict of interest) or is unavailable at the time when a consultation takes place). 

1.28 In the event that there is no longer an Appointed Local Ward Member available, due to resignation or death, lack of training or if a substitute Local Ward Member can no longer undertake that duty, then the relevant Portfolio Holder, in consultation with the Leader, shall nominate a Member of a neighbouring ward, or the next closest ward should the neighbouring ward also have no Local Ward Member, to act as the Appointed Local Ward Member. 

1.29 In the event that the Local Ward Member refuses to act as consultee to an Officer acting under delegated decision making powers in accordance with the Planning Referral Process (Part 2.7, Section 4, Annex B) and is unable to provide suitable planning reasons for not acting, the Chair of the relevant Planning Committee, or if the matter is in the ward of the Chair, the Deputy Chair, may exercise the powers of the Local Ward Member. 

1.30 The voting restrictions set out below at paragraphs 2.36 and 2.37 that apply to Local Ward Members at Planning Committees will not apply to those Members acting as substitute Local Ward Members or the relevant Chair when acting as a substitute Local Ward Member. 

1.31 The Local Ward Member may attend planning briefing meetings. They may only ask questions relating to technical planning matters and not make statements. This will be at the Chair’s discretion. 

1.32 Where a planning application has been referred for determination by a Local Ward Member to a Planning Committee, the Local Ward Member can request the withdrawal of the planning application from a published agenda should the Councillor consider the material planning issues have been resolved, subject to the agreement of the HPES and the Chair of the relevant Planning Committee. In such circumstances the relevant Planning Committee must be informed and the position recorded in the Minutes. 

1.33 No Local Ward Member or appointed Substitute will be able to act as consultee on the Planning Referral Process until they have attended all relevant mandatory training or other training as prescribed by the Monitoring Officer, provided that this provision shall not prevent a Member addressing a planning Committee as the ward Councillor in accordance with the terms of this Constitution.

Chair of the Committee 

1.34 The Chair and Deputy Chair will be appointed by Full Council from amongst the members of the Committee. 

1.35 Appointments will normally be at the annual meeting or at other times in the event of a Vacancy. 

1.36 The Chair and Deputy Chair will remain in office until their successors are appointed, or until: 

• a. They resign; 
• b. They cease to be a member of the Committee. 

Section 2 – Planning Committees Procedure Rules

Meetings (general) 

2.1 Article 10 applies. 

2.2 The quorum of the Committee is three (3) voting Members.  

2.3 If the Chair is present, the Chair shall preside at meetings of the Committee. In the absence of the Chair, if the Deputy Chair is present, the Deputy Chair shall preside. In the absence of both the Chair and the Deputy Chair, the Committee shall elect one of the members of the Committee to preside. 

2.4 The person presiding at any meeting shall have full powers of the Chair as they relate to the conduct of the meeting. 

2.5 If at the start of a meeting or during a meeting a quorum is not present, the meeting will act only to appoint a Member to preside, if necessary, and for that presiding Member to adjourn the meeting for a later time or date. 

2.6 The Chair of either Planning Committee shall stand down from the chair and hand over to the relevant Deputy Chair where the planning application under consideration falls within the relevant Chair’s ward or if they are unable to act (including where they have a prejudicial or disclosable pecuniary interest). 

2.7 The business of any meeting will be set out in an agenda. An agenda will typically consist of the following procedural items ahead of the substantive business of the meeting: 

• a. Chair’s Introduction – to receive any announcements from the Chair on procedural matters. 
• b. Notifications of Attendance – To receive any apologies for absence and any attendance by substitutes or any other changes to the membership of the Committee since the agenda was issued. 
• c. Declarations of Interest – To receive any declarations by members of the Committee of any interests under the Members’ Code of Conduct in items on the agenda.
• d. Minutes of previous meeting – to approve the minutes of a previous meeting as a correct record and be signed by the Chair. The only part of the minutes that can be discussed is their accuracy. 

2.8 All meetings of the Committee shall be held in public except when confidential or exempt information is being discussed. The agenda of the meeting will identify any items that are not open to the public. 

2.9 The Council will webcast all public meetings where possible. 

2.10 Members of the Committee must be present in the room to participate in the meeting and to be recorded as ‘present’ in the minutes of the meeting. 

2.11 The Chair may permit other Councillors who are not members of the Committee to speak at a meeting on any item on the agenda. Permission should normally be sought before the start of the meeting. Notice of those Councillors permitted to speak and the items they wish to speak must be given to the clerk before the start of the meeting. 

2.12 Other persons participating in the meeting may attend in person or remotely where facilities allow. Participation at a meeting by other persons, either in person or remotely, will be recorded in the minutes but does not count as being ‘present’ for the purposes of the record of attendance. Remote attendance is done at risk and the Council cannot guarantee the remote service. 

2.13 Members must use the microphones where provided when speaking at a meeting. 

2.14 No meeting will exceed 3 hours without an affirmative vote by the Committee.

2.15 The Chair will ensure there are reasonable breaks during a meeting. 

2.16 A meeting may be adjourned to another day or hour but no business shall be transacted at an adjourned meeting except such as remains outstanding from the agenda for the original meeting. 

2.17 The date, time and location of meetings will be determined by the Chief Executive in consultation with the Chair of the Committee.

Members’ Rights to Speak at Planning Committee 

2.18 Members of the Council who are not members of either of the Committees may attend to speak at the meetings of these Committees: 

2.19 In respect of items on the agenda in their ward, or as an adjoining Local Ward Member who has referred a planning application to either of the Committees (provided this should be with the agreement of the Chair or in accordance with the Access to Information Procedure Rules (Part 3.6)).  

Public Speaking at Planning Committee 

2.20 A member of the public may register to speak at a Committee meeting on any planning application that is being considered through a written report at that meeting of the Planning Committee, subject to the following restrictions: 

• a. the member of the public must have pre-registered their wish to speak and identified the agenda item they wish to speak to; 
• b. the order of speaking will be those registered speakers objecting to the application first, followed by those registered speakers in favour of the application; 
• c. Minors Planning Committee – no more than 2 members of the public may register to speak against the application and no more than 2 members of the public may register to speak in favour of the application; each person may only speak for a maximum of 2 minutes; 
• d. Majors Planning Committee – no more than 3 members of the public may register to speak against the application and no more than 3 members of the public may register to speak in favour of the application; each person may only speak for a maximum of 3 minutes; 
• e. where more than the prescribed number of people wish to speak in favour of or against an application, then the speakers should agree between themselves who will speak and in what order. Where no such agreement is forthcoming, then subject to the limitations set out above, the parties will only be entitled to speak in the order that they registered to speak. 

Debate at Meetings 

2.21 The Chair will have control of the meeting and will use their discretion to ensure the effective, efficient, fair and orderly conduct of the meeting. 

2.22 The Chair will ensure that each item on the agenda is given due consideration and that each Member has the opportunity to contribute. Debates are to be conducted fairly and respectfully. 

2.23 One Member may speak at a time. If a Member wishes to speak they will indicate to the Chair and wait to be called. 

2.24 Members must act courteously and give the meeting their full attention.  

2.25 Members must act transparently at all times. Any matters which are material to the subject of the discussion must be stated verbally at the meeting.

2.26 A Member may raise a point of order at any time and the Chair will hear them immediately. A point of order may only relate to an alleged breach of the constitution or the law and the Member must initially indicate the rule or law alleged to have been broken before explaining their reasons. A valid point of order will be resolved by the Chair and the ruling will be final. Valid points of order and the resolution will be recorded in the minutes. 

2.27 A Member may raise a point of personal explanation at any time and the Chair will hear them immediately. A point of personal explanation may only relate to some material part of an earlier speech by the Member which may appear to have been misunderstood during the present debate. The ruling of the Chair of the admissibility of the personal explanation will be final. 

2.28 The Chair shall maintain order and the meeting must be silent when the Chair speaks. 

2.29 Any item where a decision is required will be decided by voting on a motion moved and seconded by separate members of the Committee. Moving and seconding a motion does not automatically stop a debate. 

2.30 Multiple motions may be moved during the course of a debate but each motion will be put to the vote in the order in which it was seconded. If a motion is carried all other motions fall away. 

Voting at meetings 

2.31 A decision will be made by a simple majority of those members of the Committee present in the room at the time the question is put. 

2.32 Unless a recorded vote is required, a vote will be taken by a show of hands. The minutes will only show whether or not the motion is carried.

2.33 Where any Member requests it immediately after a vote is taken, their vote will be recorded in the minutes. 

2.34 At any time before a vote is taken, a proposal for a recorded vote may be moved and if seconded will be voted on immediately without discussion. If so resolved the names for and against the motion or abstaining from voting will be taken down in writing and recorded in the minutes. 

2.35 If there are equal votes for and against a motion, the Chair will have an additional casting vote. The Chair shall have absolute discretion as to how to apply the casting vote.  

2.36 No Member of either Committee may vote on any application if that application is in their own ward. 

2.37 No Member of either Committee may vote on any matter before it unless they have been present in the meeting for the whole of the consideration of that application.  

Disruption at meetings 

2.38 If a Member disrupts a meeting the Chair will warn them that their behaviour is unacceptable. 

2.39 If the Member continues to disrupt the meeting the Chair may move that ‘the Member be not heard further’. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must be silent and may not participate except to vote. 

2.40 If the Member continues to disrupt the meeting after a motion that ‘the member be not heard further’ is passed the Chair may move that the member leave the meeting. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must leave the meeting and may take no further part in the meeting including to vote. 

2.41 If a member of the public disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the member of the public continues to disrupt the meeting the Chair may order their removal from the meeting. 

2.42 In the event of a general disturbance the Chair may adjourn a meeting until order can be restored. 

2.43 No plaques, banners, displays or other similar materials can be brought by the public into the meeting room. 

Decisions contrary to Officer recommendation 

2.44 The following steps must be taken before the meeting makes a decision which is contrary to Officer recommendation: 

• a. the reasons must be recorded as part of the mover’s motion; 
• b. if necessary, the meeting should be adjourned for a long as necessary for those reasons to be discussed and then agreed by Committee; 
• c. where there is concern about the validity of the reasons and/or Officer concern about a potential award of costs on appeal, deferral of the decision to another meeting should be considered prior to the vote being taken to enable the putative reasons to be tested and discussed; 
• d. a recorded vote should be taken, recording the names of those voting for and against the motion and the names of those abstaining; 
• e. the mover and seconder of the motion, if carried, will make representations or appear (as required) on behalf of the Council, to explain in full their reasons for not agreeing with the Officer’s recommendations, in the event of any subsequent appeal. 

Interpretation

2.45 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Miscellaneous Matters 

2.46 In addition to the Members’ Code of Conduct, all Members are expected to comply with the Code of Planning Good Practice (Part 4.7) at all times.  

2.47 Further guidance is provided in the Probity in Planning document.

Section 3 – Annex A Qualifying Planning Referral Criteria a) to h)

3.1 The following criteria apply to planning applications only

Section 4 – Annex B Planning Referral Process

4.1 Where any of the Qualifying Planning Referral Criteria set out in Annex A apply, Officers will consult the Local Ward Member (Or nominated deputy Local Ward Member) or if no response, absent or unable to act, the Chair or in their absence the Deputy Chair of the relevant Committee and will give 2 Working Days from the notification email for a response. 

Step 1 – Local Ward Member (or another Member as above) responds:

• If in agreement with Officer’s recommendation – Delegated Decision
• Not in agreement with Officer’s recommendation and Material Planning Reasons provided, as determined by the HPES – Referred to Relevant Committee for Decision
• Not in agreement with Officer’s recommendation but no Material Planning reason provided, as determined by the HPES – Officers will email proforma to the Chair of the relevant Committee followed by a phone call reminder: If in agreement with Officer’s recommendation or no Material Planning Reasons provided, as determined by the HPES – Delegated Decision. If not in agreement with Officer’s recommendation and Material Planning Reasons provided, as determined by the HPES – Referred to the Relevant Committee for Decision.

Step 2 – If Local Ward Member does not respond within the 2 Working Days, Officers will send an email followed by a phone call reminder. If response received go to Step 1.

Step 3 – If no response received within the 2 Working Days, Officers will email proforma to the Chair of the relevant Committee followed by a phone call reminder. If response received go to Step 1.

Step 4 – If no response received from the Chair of the relevant Committee within 2 Working Days, email proforma to the Deputy Chair of the relevant Committee followed by a phone call reminder. If response received to to Step 1.

Step 5 – If no response received from the Deputy Chair of the relevant Committee within 2 Working Days: Delegated Decision

2 Working Day Example: A proforma sent at 10.15am on Friday will expire at 10.15am on Tuesday, or 10.15am on Wednesday morning should there be a bank holiday on the preceding Monday.

Section 1 – Overview

1.1 Within this Part, unless specified otherwise:

• “the Committee” shall mean the “Statutory Licensing and Gambling Committee ”
• “the Chair” shall mean the “Chair of the Statutory Licensing and Gambling Committee ”
• “the Deputy Chair” shall mean the “Deputy Chair of the Statutory Licensing and Gambling Committee ”
• “the Sub-Committee” shall mean the “Statutory Licensing and Gambling Committee Sub-Committee”
• “the Sub-Committee Chair” shall mean the “Chair of the Statutory Licensing and Gambling Committee Sub-Committee”

Purpose

1.2 A Committee established under section 6 of the Licensing Act 2003 to discharge the functions of the Licensing Authority in accordance with the Licensing Act 2003 and the Gambling Act 2005.

Functions

1.3 The functions of the Committee are:

Membership

1.4 The Committee will consist of twelve (12) Members of the Council which shall not include members of the Cabinet or the Chair of the Council.

1.5 Seats on the Committee will be allocated by Full Council and are not subject to political proportionality.

1.6 Group Leaders will appoint eligible Members to the Committee and fill any vacancies by giving notice in writing to the Democratic Services Manager.

1.7 No Substitute Members may be appointed.

Restrictions on Members’ Powers (applicable to the Committee and Sub-Committee)

1.8 Members of the Committee may not vote on an application if that application is within their ward.

1.9 Members must have undertaken such training as may have been designated by the Head of Environmental Health as mandatory in order to sit on the Committee.

Chair of the Committee

1.10 The Chair and Deputy Chair of the Committee will be appointed by Full Council from amongst the Members of the Committee.

1.11 Appointments will normally be at the annual meeting or at other times in the event of a Vacancy.

1.12 The Chair and Deputy Chair will remain in office until their successors are appointed, or until:

• a. They resign;
• b. They cease to be a member of the Committee.

Section 2 – Statutory Licensing and Gambling Committee Procedure Rules

Meetings (General)

2.1 Article 10 applies.

2.2 The quorum of the Committee is four (4) voting

2.3 If the Chair is present, the Chair shall preside at meetings of the Committee. In the absence of the Chair, if the Deputy Chair is present, the Deputy Chair shall preside. In the absence of both the Chair and the Deputy Chair, the Committee shall elect one of the members of the Committee to preside.

2.4 The person presiding at any meeting shall have full powers of the Chair as they relate to the conduct of the meeting.

2.5 If at the start of a meeting or during a meeting a quorum is not present, the meeting will act only to appoint a member to preside, if necessary, and for that presiding member to adjourn the meeting for a later date.

2.6 The business of any meeting will be set out in an agenda. An agenda will typically consist of the following procedural items ahead of the substantive business of the meeting:

• Chair’s Introduction – to receive any announcements from the Chair on procedural matters.
• Notifications of Attendance – To receive any apologies for absence and attendance by substitutes or any other changes to the membership of the Committee since the agenda was issued.
• Declarations of Interest – To receive any declarations by members of the Committee of any interests under the Members’ Code of Conduct in items on the agenda, including declarations that a member is subject to a party whip.
• Minutes of a previous meetings – to approve the minutes of a previous meetings as a correct record and signed by the Chair. The only part of the minutes that can be discussed is their accuracy.

2.7 All meetings of the Committee shall be held in public except when confidential or exempt information is being discussed. The agenda of the meeting will identify any items that are not open to the public.

2.8 The Council will webcast all public meetings where possible.

2.9 Members of the Committee must be present in the room to participate in the meeting and to be recorded as ‘present’ in the minutes of the meeting.

2.10 The Chair may permit other Councillors who are not members of the Committee to speak at a meeting on any item on the agenda. Permission should normally be sought before the start of the meeting. Notice of those Councillors permitted to speak and the items they wish to speak on should be given to the clerk before the start of the meeting.

2.11 Other persons participating in the meeting may attend in person or remotely where facilities allow. Participation at a meeting by other persons, either in person or remotely, will be recorded in the minutes but does not count as being ‘present’ for the purposes of the record of attendance. Remote attendance is done at risk and the Council cannot guarantee the remote service.

2.12 Members must use the microphones where provided when speaking at a meeting.

2.13 No meeting will exceed 3 hours without an affirmative vote by the Committee.

2.14 The Chair will ensure there are reasonable breaks during a meeting.

2.15 A meeting may be adjourned to another day or hour but no business shall be transacted at an adjourned meeting except such as remains outstanding from the agenda for the original meeting.

2.16 The date, time and location of meetings of the Committee will be determined by the Chief Executive in consultation with the Chair of the Committee.

Debate at Meetings

2.17 The Chair will have control of the meeting and will use their discretion to ensure the effective, efficient, fair and orderly conduct of the meeting.

2.18 The Chair will ensure that each item on the agenda is given due consideration and that each Member has the opportunity to contribute. Debates are to be conducted fairly and respectfully.

2.19 One Member may speak at a time. If a member wishes to speak they will indicate to the Chair and wait to be called.

2.20 Members must act courteously and give the meeting their full attention.

2.21 Members must act transparently and not engage in private discussions or pass notes (physically or electronically).

2.22 A Member may raise a point of order at any time and the Chair will hear them immediately. A point of order may only relate to an alleged breach of this Constitution or the law and the member must indicate the rule or law alleged to have been broken. A valid point of order will be resolved by the Chair and the ruling will be final. Valid points of order and the resolution will be recorded in the minutes.

2.23 A Member may raise a point of personal explanation at any time and the Chair will hear them immediately. A point of personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood during the present debate. The ruling of the Chair of the admissibility of the personal explanation will be final.

2.24 The Chair shall maintain order and the meeting must be silent when the Chair speaks.

2.25 Any item where a decision is required will be decided by voting on a motion moved and seconded by separate members of the Committee. Moving and seconding a motion does not automatically stop a debate.

2.26 Multiple motions may be moved during the course of a debate but each motion will be put to the vote in the order in which it was seconded. If a motion is carried all other motions fall away.

Voting at Meetings

2.27 A decision will be made by a simple majority of those members of the Committee present in the room at the time the question is put.

2.28 Unless a recorded vote is required, a vote will be taken by a show of hands. The minutes will only show whether or not the motion is carried.

2.29 Where any Member requests it immediately after a vote is taken, their vote will be so recorded in the minutes.

2.30 At any time before a vote is taken, a proposal for a recorded vote may be moved and if seconded will be voted on immediately without discussion. If so resolved the names for and against the motion or abstaining from voting will be taken down in writing and recorded in the minutes.

2.31 If there are equal votes for and against a motion, the Chair will have an additional casting vote. The Chair shall have absolute discretion as to how to apply the casting vote.

Disruption at Meetings

2.32 If a Member disrupts a meeting the Chair will warn them that their behaviour is unacceptable.

2.33 If the Member continues to disrupt the meeting the Chair may move that ‘the Member be not heard further’. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must be silent and may not participate except to vote.

2.34 If the Member continues to disrupt the meeting after a motion that ‘the member be not heard further’ is passed the Chair may move that the Member leave the meeting. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must leave the meeting and may take no further part in the meeting including to vote.

2.35 If a member of the public disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the member of the public continues to disrupt the meeting the Chair may order their removal from the meeting.

2.36 In the event of a general disturbance the Chair may adjourn a meeting until order can be restored.

2.37 No plaques, banners, displays or other similar materials can be brought by the public into the meeting room.

Interpretation

2.38 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Procedure for Hearings

2.39 Separate procedures apply to the Committee and any Sub-Committees established by it when conducting hearings. These are set out below.

Section 3 – Statutory Licensing and Gambling Sub-Committee

Purpose

3.1 A Sub-Committee established under section 10 of the Licensing Act 2003 to discharge any functions exercisable by the Committee.

Membership

3.2 The Sub-Committee will comprise three (3) Councillors appointed by the Monitoring Officer from the membership of the Statutory Licensing and Gambling Committee on a case by case basis. Political balance rules do not apply in respect of any Sub-Committee so appointed.

Chair of the Sub-Committee

3.3 The Sub-Committee will appoint a Chair from its number for each meeting.

Meetings

3.4 The quorum of the Sub-Committee is three (3) voting

Functions

3.5 The functions set out in the table below are reserved to the Committee or any Sub-Committee established by it for decision. All other licensing functions under the Licensing Act 2003 or Gambling Act 2005, other than policy decisions reserved to the Statutory Licensing and Gambling Act Committee, are delegated to the Head of Environmental Services.

Site visits

3.7 Although not normally required, Licensing Officers may recommend that Members undertake a strictly supervised site visit. Any reasons for this recommendation will be made publicly available via the report accompanying the application.

3.8 In exceptional circumstances, Members of the Committee or any Sub-Committee established by it may adjourn a hearing part way through to undertake a site visit. The Sub-Committee must give reasons justifying the need for the site visit. In considering whether special justification exists for an adjournment, Members should consider the effects of a delay in reaching a decision.

3.9 The following procedure must be observed when a site visit is carried out:

• a. The visit will be undertaken as a group visit attended by all
• b. members of the Committee or Sub-Committee and its purpose should be confined to the reasons given by the Licensing Department or the Sub-Committee.
• c. The visit must be attended by the Licensing Officer, and where appropriate the Democratic Services Officer and the Legal Adviser, all of whom may be asked factual questions by Members.
• d. Views must not be expressed by Members during the site visit.
• e. Members will not be permitted to interact with any party whilst on a site visit and must remain as a group to ensure that this does not happen.
• f. Details of those attending the site visit, questions asked, and answers given should be recorded.

Section 4 – Statutory Licensing and Gambling Sub-Committee Procedure

4.1 Unless otherwise approved by the Head of Environmental Health, the following procedure shall apply.

Explanatory Notes

4.2 Within this section, unless specified otherwise:

• “Applicant” shall include a license holder, respondent or any representative appointed to appear on that person’s behalf
• “Relevant representation” means a representation that has been accepted by the Licensing Authority and is relevant to one or more of the licensing objectives
• “Interested Party” means a party that has made a relevant representation
• “Responsible Authority” means a public body that has made a relevant representation

4.3 The Sub-Committee Chair may vary all or part of this procedure as they see fit, following advice from the legal adviser to the Sub-Committee.

4.4 This includes, but is not limited to, the power to limit or expressly refuse to hear specific comments or questions from any party, the power to increase or decrease the length of time a party may make submissions, and the power to refuse to hear a party.

4.5 Where a large number of objectors wish to make the same or similar points, objectors are encouraged to nominate a spokesperson to present their case as this avoids unnecessary repetition.

Procedure

4.6 The following is the procedure adopted by the Sub-Committee when dealing with applications.

4.7 The Chair welcomes the attendees and makes introductions.

4.8 The Legal Adviser outlines the general legal considerations and procedures to be followed by the Sub-Committee.

4.9 The Licensing Officer presents the Report (and calls witnesses if appropriate).

4.10 The Applicant may ask questions of the Licensing Officer (or witnesses).

4.11 The Members of the Sub-Committee may ask questions of the Licensing Officer (or witnesses).

4.12 The Chair invites the Applicant to speak, to present supporting evidence, or to call witnesses.

4.13 The Members of the Sub-Committee may ask questions of the Applicant (or witnesses).

4.14 The Chair invites Responsible Authorities (if in attendance) to speak, to present supporting evidence, or to call witnesses.

4.15 The Applicant may ask questions of the Responsible Authorities (or witnesses).

4.16 The Members of the Sub-Committee may ask questions of the Responsible Authorities (or witnesses).

4.17 The Chair invites Interested Person(s) or their representative(s) to speak, or to present supporting evidence.

4.18 The Applicant may ask questions of the Interested Person(s) (or witnesses).

4.19 The Chair invites the Responsible Authorities or the Interested Person(s) to make any closing submissions.

4.20 The Chair invites the Applicant to make any closing submissions.

4.21 The Sub-Committee’s Legal Adviser clarifies advice on any legal issues that may have arisen.

4.22 The Sub-Committee with its Legal Adviser and Democratic Services Officer retires privately to consider its decision Note: any Member not present for the whole of the proceedings may not vote on the matter.

4.23 The Sub-Committee may reconvene to ask any party any further information. Such a request will be made in open session where all parties are entitled to hear the request and any answer given.

4.24 The Legal Adviser will announce any further legal advice that the Sub-Committee has been given in private. The parties will have an opportunity to make representations.

4.25 The Sub-Committee will then formally return to allow the Chair to announce the decision.

4.26 In cases where the decision cannot be given at the conclusion of the hearing, the decision will be made within the period of 5 Working Days, beginning with the day or the last day on which the hearing is held.

Section 1 – Overview

1.1 Within this Part, unless specified otherwise:

• “the Committee” shall mean the “General Purposes and Licensing Committee”.
• “the Chair” shall mean the “Chair of the General Purposes and Licensing Committee”.
• “the Deputy Chair” shall mean the “Deputy Chair of the General Purposes and Licensing Committee”.
• “the Sub-Committee” shall mean the “Hackney Carriage/Private Hire Vehicle Sub-Committee”.
• “the Sub-Committee Chair” shall mean the “Chair of the Hackney Carriage/Private Hire Vehicle Sub-Committee”.

Purpose

1.2 A Committee established under sections 101 and 102 of the Local Government Act 1972 to discharge all licensing and registration functions and ancillary matters other than those falling within the remit of the Statutory Licensing and Gambling Committee or another regulatory Committee.

Functions

1.3 The functions of the Committee are to:

1.4 The power to discharge the functions set out above, including in respect of those functions:

• imposing any conditions, limitations or other restrictions on any approval, consent, licence, permission or registration and determining any other terms to which it is subject;
• determining whether, and in what manner, to enforce any failure to comply with any approval, consent, licence, permission or registration, or any conditions, limitations or terms to which it is subject;
• amending, modifying or varying any approval, consent, licence, permission or registration, or any conditions, limitations or terms to which it is subject;
• revoking any approval, consent, licence, permission or registration; and determining whether a charge should be made for any approval, consent, licence, permit or registration and, where a charge is made, the amount of the charge.

1.5 The Committee will establish Hackney Carriage/Private Hire Vehicle Sub-Committees and other Sub-Committees as necessary to determine applications for hackney carriage and private hire licences and ancillary matters. The Committee may also establish such other Sub- Committees as it considers necessary and appropriate to effectively discharge its functions.

Section 2 – Delegation of Functions of the General Purposes and Licensing Committee and Hackney Carriage/Private Hire Sub-Committee to Officers

2.1 Unless expressly reserved to the Committee or a Sub-Committee established by the Committee all licensing and registration functions falling under the remit of the Committee are delegated to Officers under the Officer Scheme of Delegation (Part 2.14).

2.2 The licensing and registration functions reserved to the Committee or a Sub-Committee established by it are those functions which are politically sensitive or likely to give rise to controversy or where significant objections have been made to the application.

2.3 In the case of the Hackey Carriage/Private Hire Vehicle Sub-Committee the functions reserved to the Sub-Committee are where an applicant has previous convictions which may give rise to doubt as to their suitability to hold a licence or where there are otherwise questions as to the applicant’s suitability to hold a licence.

Membership

2.4 The Committee will consist of twelve Members of the Council which shall not include members of the Cabinet or the Chair of the Council .

2.5 Seats on the Committee will be allocated to political groups by Full Council in accordance with Section 15 of the Local Government and Housing Act 1989 (political balance rules).

2.6 Group Leaders will appoint eligible Members to the Committee and fill any vacancies subject to the political balance rules by giving notice in writing to the Democratic Services Manager.

2.7 No Substitute Members may be appointed.

Restrictions on Members’ Powers (applicable to the Committee and Sub-Committee)

2.8 Members of the Committee may not vote on an application if that application is within their Ward.

2.9 Members must have undertaken such training as may have been designated by the Head of Environmental Health as mandatory in order to sit on the Committee.

Chair of the Committee

2.10 The Chair and Deputy Chair of the Committee will be appointed by Full Council from amongst the Members of the Committee.

2.11 Appointments will normally be at the Annual Meeting or at other times in the event of a Vacancy.

2.12 The Chair and Deputy Chair will remain in office until their successors are appointed, or until:

• They resign;
• They cease to be a member of the Committee.

Section 3 – General Purposes and Licensing Committee Procedure Rules

Meetings (General)

3.1 Article 10 applies.

3.2 The quorum of the Committee is four (4) voting

3.3 If the Chair is present, the Chair shall preside at meetings of the Committee. In the absence of the Chair, if the Deputy Chair is present, the Deputy Chair shall preside. In the absence of both the Chair and the Deputy Chair, the Committee shall elect one of the members of the Committee to preside.

3.4 The person presiding at any meeting shall have full powers of the Chair as they relate to the conduct of the meeting.

3.5 If at the start of a meeting or during a meeting a quorum is not present, the meeting will act only to appoint a Member to preside, if necessary, and for that presiding Member to adjourn the meeting for a later date.

3.6 The business of any meeting will be set out in an agenda. An agenda will typically consist of the following procedural items ahead of the substantive business of the meeting:

• Chair’s Introduction – to receive any announcements from the Chair on procedural matters.
• Notifications of Attendance – To receive any apologies for absence and any attendance by substitutes or any other changes to the membership of the Committee since the agenda was issued.
• Declarations of Interest – To receive any declarations by members of the Committee of any interests under the Members’ Code of Conduct in items on the agenda, including declarations that a member is subject to a party whip.
• Minutes of a previous meetings – to approve the minutes of a previous meetings as a correct record and signed by the Chair. The only part of the minutes that can be discussed is their accuracy.

3.7 All meetings of the Committee shall be held in public except when confidential or exempt information is being discussed. The agenda of the meeting will identify any items that are not open to the public.

3.8 The Council will webcast all public meetings where possible.

3.9 Members of the Committee must be present in the room to participate in the meeting and to be recorded as ‘present’ in the minutes of the meeting.

3.10 The Chair may permit other Councillors who are not members of the Committee to speak at a meeting on any item on the agenda. Permission should normally be sought before the start of the meeting. Notice of those Councillors permitted to speak and the items they wish to speak on should be given to the clerk before the start of the meeting.

3.11 Other persons participating in the meeting may attend in person or remotely where facilities allow. Participation at a meeting by other persons, either in person or remotely, will be recorded in the minutes but does not count as being ‘present’ for the purposes of the record of attendance. Remote attendance is done at risk and the Council cannot guarantee the remote service.

3.12 Members must use the microphones where provided when speaking at a meeting.

3.13 No meeting will exceed 3 hours without an affirmative vote by the Committee.

3.14 The Chair will ensure there are reasonable breaks during a meeting.

3.15 A meeting may be adjourned to another day or hour but no business shall be transacted at an adjourned meeting except such as remains outstanding from the agenda for the original meeting.

3.16 The date, time and location of meetings of the Committee will be determined by the Chief Executive in consultation with the Chair of the Committee.

Debate at meetings

3.17 The Chair will have control of the meeting and will use their discretion to ensure the effective, efficient, fair and orderly conduct of the meeting.

3.18 The Chair will ensure that each item on the agenda is given due consideration and that each member has the opportunity to contribute. Debates are to be conducted fairly and respectfully.

3.19 One Member may speak at a time. If a Member wishes to speak they will indicate to the Chair and wait to be called.

3.20 Members must act courteously and give the meeting their full attention.

3.21 Members must act transparently and not engage in private discussions or pass notes (physically or electronically).

3.22 A Member may raise a point of order at any time and the Chair will hear them immediately. A point of order may only relate to an alleged breach of this Constitution or the law and the Member must indicate the rule or law alleged to have been broken. A valid point of order will be resolved by the Chair and the ruling will be final. Valid points of order and the resolution will be recorded in the minutes.

3.23 A Member may raise a point of personal explanation at any time and the Chair will hear them immediately. A point of personal explanation may only relate to some material part of an earlier speech by the Member which may appear to have been misunderstood during the present debate. The ruling of the Chair of the admissibility of the personal explanation will be final.

3.24 The Chair shall maintain order and the meeting must be silent when the Chair speaks.

3.25 Any item where a decision is required will be decided by voting on a motion moved and seconded by separate Members of the Committee. Moving and seconding a motion does not automatically stop a debate.

3.26 Multiple motions may be moved during the course of a debate but each motion will be put to the vote in the order in which it was seconded. If a motion is carried all other motions fall away.

Voting at meetings

3.27 A decision will be made by a simple majority of those members of the Committee present in the room at the time the question is put.

3.28 Unless a recorded vote is required, a vote will be taken by a show of hands. The minutes will only show whether or not the motion is carried.

3.29 Where any Member requests it immediately after a vote is taken, their vote will be so recorded in the minutes.

3.30 At any time before a vote is taken, a proposal for a recorded vote may be moved and if seconded will be voted on immediately without discussion. If so resolved the names for and against the motion or abstaining from voting will be taken down in writing and recorded in the minutes.

3.31 If there are equal votes for and against a motion, the Chair will have an additional casting vote. The Chair shall have absolute discretion as to how to apply the casting vote.

Disruption at meetings

3.32 If a Member disrupts a meeting the Chair will warn them that their behaviour is unacceptable.

3.33 If the Member continues to disrupt the meeting the Chair may move that ‘the member be not heard further’. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must be silent and may not participate except to vote.

3.34 If the Member continues to disrupt the meeting after a motion that ‘the member be not heard further’ is passed the Chair may move that the member leave the meeting. If seconded, the motion will be voted on immediately without discussion. A Member subject to such a resolution must leave the meeting and may take no further part in the meeting including to vote.

3.35 If a member of the public disrupts a meeting the Chair will warn them that their behaviour is unacceptable. If the member of the public continues to disrupt the meeting the Chair may order their removal from the meeting.

3.36 In the event of a general disturbance the Chair may adjourn a meeting until order can be restored.

3.37 No plaques, banners, displays or other similar materials can be brought by the public into the meeting room.

Interpretation

3.38 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Procedure for Hearings

3.39 Separate procedures apply to the Committee and any Sub-Committees established by it when conducting hearings. These are set out below.

Section 4 – Hackney Carriage/Private Hire Vehicle Sub-Committee

Purpose

4.1 A Sub-Committee established by the Committee to discharge functions exercisable by the Committee.

4.2 To deal with all matters relating to Hackney Carriage/Private Hire Licence applications and ancillary matters.

Functions

4.3 The Sub-Committee will discharge the functions delegated to the Committee¹ in circumstances where (i) an objection or relevant representation has been received and not withdrawn or (ii) the Head of Environmental Health (HEH) has referred the matter to the Sub-Committee for determination.

Membership

4.4 The Sub-Committee will comprise three (3) Members appointed by the Monitoring Officer from the membership of the Committee on a case by case basis.

4.5 The Sub-Committee will reflect political balance

Chair of the Sub-Committee

4.6 The Sub-Committee will appoint a Chair from its number for each meeting.

Meetings

4.7 The quorum of the Sub-Committee is 3 voting Members.

Site visits

4.8 Although not normally required, Licensing Officers may recommend that Members undertake a strictly supervised site visit. Any reasons for this recommendation will be made publicly available via the report accompanying the application.

4.9 In exceptional circumstances, Members of the Sub-Committee may adjourn a hearing part way through to undertake a site visit. The Sub-Committee must give reasons justifying the need for the site visit. In considering whether special justification exists for an adjournment, Members should consider the effects of a delay in reaching a decision.

4.10 The following procedure must be observed when a site visit is carried out by the Sub-Committee:

• The visit will be undertaken as a group visit attended by all Sub-Committee members and its purpose should be confined to the reasons given by the Licensing Department or the Sub-Committee.
• The visit must be attended by the Licensing Officer, and where appropriate the Democratic Services Officer and the Legal Adviser, all of whom may be asked factual questions by Councillors.
• Views must not be expressed by Sub-Committee members.
• The Sub-Committee will not be permitted to interact with any party whilst on a site visit and must remain as a group to ensure that this does not happen.
• Details of those attending the site visit, questions asked, and answers given should be recorded.

Section 5 – Procedure for the Hackney Carriage/Private Hire Sub-Committee

5.1 Unless otherwise approved by the Head of Environmental Health (HEH), the following procedure shall apply

Explanatory Notes

5.2 “Applicant” shall include an applicant for a licence, a licence holder, respondent or any representative appointed to appear on that person’s behalf.

5.3 The Sub-Committee Chair may vary all or part of this procedure as they see fit, following advice from the legal adviser to the Sub-Committee.

5.4 This includes, but is not limited to, the power to limit or expressly refuse to hear specific comments or questions from any party, the power to increase or decrease the length of time a party may make submissions, and the power to refuse to hear a party.

5.5 Where a large number of objectors wish to make the same or similar points, objectors are encouraged to nominate a spokesperson to present their case as this avoids unnecessary repetition.

Procedure

5.6 The following is the procedure adopted by the Sub-Committee when dealing with applications.

5.7 The Chair welcomes the attendees and makes introductions.

5.8 The Sub-Committee will resolve to go into exempt session, if appropriate.

5.9 The Sub Committee’s Legal Adviser outlines the general legal considerations and procedures to be followed by the Sub-Committee.

5.10 The Licensing Officer presents the Report (and calls witnesses if appropriate).

5.11 The Applicant may ask questions of the Licensing Officer (or witnesses).

5.12 The Members of the Sub-Committee may ask questions of the Licensing Officer (or witnesses).

5.13 The Chair invites the Applicant to speak, to present supporting evidence, or to call witnesses.

5.14 The Members of the Sub-Committee may ask questions of the Applicant (or witnesses).

5.15 The Members of the Sub-Committee may ask any final questions of any party who has spoken at the hearing.

5.16 The Chair invites the Applicant to make any closing submissions.

5.17 The Sub-Committee’s Legal Adviser clarifies advice on any legal issues that may have arisen.

5.18 The Sub-Committee with its Legal Adviser and Democratic Services Officer retires privately to consider its decision. Note: any Member not present for the whole of the proceedings may not vote on the matter.

5.19 The Sub-Committee may reconvene to ask any party any further information. Such a request will be made in open session where all parties are entitled to hear the request and any answer given.

5.20 The Legal Adviser will announce any further legal advice that the Sub-Committee has been given in private. The parties will have an opportunity to make representations.

5.21 The Sub-Committee will then formally return to allow the Chair to announce the decision.

Section 1 – Overview

1.1 Within this section, unless specified otherwise:

• “the Committee” shall mean the “Appointments and Disciplinary Committee”
• “the Chair” shall mean the “Chair of the Appointments and Disciplinary Committee”
• “the Deputy Chair” shall mean the Deputy Chair of the Appointments and Disciplinary Committee.

Purpose

1.2 The Appointments and Disciplinary Committee discharges the powers of the Council in respect of the employment of Officers.

1.3 The Committee will:

• Deal with the appointment, employment and dismissal (including discipline and grievance) of the Head of Paid Service, other Statutory Officers and Chief Officers (Corporate Directors.)

1.4 The Committee may establish Sub-Committees, as and when necessary, in accordance with procedure rules to carry out specific functions and responsibilities; such Sub-Committees shall reflect political balance so far as is practicable. Such Sub-Committees will comply with the requirements of the Local Authorities (Standing Orders) (England) Regulations 2001 and the Officer Employment Procedure Rules.

1.5 Members of the Sub-Committees may be drawn from the whole of the membership of the Council.

Functions

1.6 The Committee or a Sub-Committee set up by and on behalf of the Committee may:

• a. Interview candidates for the Head of Paid Service and to recommend an appointment to the Council.
• b. Interview and appoint other Statutory Chief Officers and Chief Officers.
• c. Deal with disciplinary matters in relation to ‘Chief Officers’ as defined by the Local Authorities (Standing Orders) (England) Regulations 2001 (being the Corporate Directors)
• d. Deal with disciplinary matters in relation to ‘relevant Officers’ as defined by the Local Authorities (Standing Orders) (England) Regulations 2001 (being the Head of Paid Service, Monitoring Officer and Chief Financial Officer).
• e. Determine appeals relating to disciplinary action against Chief Officers and appeals against sanctions imposed in relation to Relevant Officers falling short of dismissal. In the case of a recommendation to dismiss a Relevant Officer, such recommendation will be made directly to Full Council whose decision shall be final.
• f. Determine appeals in respect of pension and redundancy entitlements for Chief Officers.
• g. The appointment and dismissal of Officers below Chief Officer level is dealt with by the Head of Paid Service except where there is a right of appeal to Members.

Appointments

1.7 The Committee will interview candidates shortlisted for Head of Paid Service, Statutory Officer or Chief Officer posts and either make recommendations for their appointment or make the decision to appoint the candidate subject to compliance with the Officer Employment Procedure Rules (Part 3.4).

Disciplinary Action, Grievances and Dismissal

1.8 The Committee will determine all disciplinary matters, including and up to dismissal and any grievances that are reserved to Councillors under the Officer Employment Procedure Rules.

1.9 The Committee must comply with the Local Authorities (Standing Orders) (England) Regulations 2001 and the Officer Employment Procedure Rules and any contractual or other employment law rights of the Officer.

Pensions

1.10 The Committee has delegated power in respect of all functions relating to pensions as set out in Part H of Schedule 1 of the Functions Regulations except those expressly delegated to Officers.

Employment Matters reserved to Full Council

1.11 Appointment and dismissal of Head of Paid Service – Full Council must approve any recommendation made by the Committee prior to any formal offer of appointment being made to that person.

1.12 Dismissal of Head of Paid Service, Monitoring Officer and Chief Financial Officer – Full Council must approve any recommendation to dismiss, before notice is given to that person, having regard to:

• i. the recommendation of the Appointments and Disciplinary Committee to dismiss; and
• ii. any advice, views or recommendations on any proposal for the dismissal from the Independent Panel.

Membership

1.13 The Committee will consist of five (5) Members of the Council to include at least one Member of the Cabinet (normally the relevant Portfolio Holder).

1.14 Seats on the Committee will be allocated to political groups by Full Council in accordance with Section 15 of the Local Government and Housing Act 1989 (political balance rules).

1.15 Group Leaders will appoint members to the Committee and fill any vacancies subject to the political balance rules by giving notice in writing to the Democratic Services Manager.

Substitutes 

1.16 Group Leaders may appoint Substitute Members to seats allocated to their Group in addition to their appointments to the Committee by giving notice in writing to the Democratic Services Manager.

1.17 An approved Substitute Member attending a meeting in place of the Ordinary Member will, where possible, give 24 hours notice to the Democratic Services Team and in any case prior to the start of the meeting.

1.18 Details of any substitutions will be announced at the start of the meeting and recorded in the minutes. No substitutions may be made after the meeting has started.

1.19 If the Ordinary Member attends after the substitution has been announced the Substitute Member will continue as the voting Member. If the Substitute Member fails to attend and the Ordinary Member is present the Ordinary Member may sit as the voting Member.

1.20 Where a Substitute has attended a meeting which is adjourned, the Ordinary Member may attend the reconvened meeting as the voting Member provided that the meeting is not part way through the consideration of an item or issue.

1.21 A Member attending as a Substitute Member has the full rights and is subject to the same requirements as the Member for whom they are substituting. 

1.22 Substitutes acting for a Member who is the Chair or Deputy Chair shall replace them only in their capacity as a Member of the Committee. 

Chair of the Committee

1.23 The Chair and Deputy Chair will be appointed by Full Council from amongst the members of the Committee.

1.24 Appointments will normally be at the Annual Meeting or at other times in the event of a Vacancy.

1.25 The Chair and Deputy Chair will remain in office until their successors are appointed, or until:

• a. They resign;
• b. They cease to be a member of the Committee.

Sub-Committees and Panels

1.26 The Committee may appoint Sub-Committee(s) and/or Panels to deal with specific functions of the Committee. The membership of such Sub-Committees may be drawn from across the Council but must reflect the requirements of the Local Authorities (Standing Orders) (England) Regulations 2001and the Officer Employment Procedure Rules.

Interpretation

1.27 The ruling of the Chair as to the interpretation or application of any of this Part shall be final.

Section 1 – Overview

Purpose

1.1 To offer the Council advice, views or recommendations on any proposal for the dismissal of a Relevant Officer as defined by the Local Authorities (Standing Orders) (England) Regulations 2001and the Officer Employment Procedure Rules (the Head of Paid Service, Monitoring Officer or Chief Financial Officer). The Panel, in doing so, will consider:

• the recommendation of the Appointments and Disciplinary Committee and the reasons in support of that recommendation;
• the report of the independent investigator; and
• any oral and/or written representations from the Relevant Officer.

1.2 The Council must invite Independent Persons to be appointed to the Panel in the following priority order:

• a relevant Independent Person who has been appointed by the authority and who is a local government elector;
• any other relevant Independent Person who has been appointed by the authority; and
• a relevant Independent Person who has been appointed by another authority or authorities.

1.3 The Council must appoint the Panel at least 20 Working Days before the Council meeting at which any vote is taken in whether or not to approve the dismissal of a Relevant Officer.

Terms of Reference

1.4 Delegated power to consider recommendations made by Appointments and Disciplinary Committee to dismiss the Head of Paid Service, Monitoring Officer (s.5 Local Government & Housing Act 1989) and Chief Finance & Section 151 Officer (s.151 of the Local Government Act 1972).

Section 1 – Overview

Purpose

1.1 Cabinet Advisory Groups meet to discuss items of relevance to obtain views, opinions and advice from Members on relevant policy matters and significant service delivery issues.

Procedure

1.2 Each Cabinet Member may set up, as and when required, a Cabinet Advisory The membership of that Group includes the lead Portfolio Holder and may involve other Portfolios Holders as appropriate. A Cabinet Advisory Group will not be subject to political balance rules and is open to all Members.

1.3 The Cabinet Advisory Group will meet to discuss any item of relevance with the purpose of allowing the Portfolio Holder(s) to obtain views, opinions and advice from Members. The Cabinet Advisory Group will review and advise on relevant policy matters and significant service delivery issues and will have access to relevant financial and performance information.

1.4 Through the Portfolio Holder(s), the Cabinet Advisory Group, may request the preparation of reports and undertake site visits for the purpose of information gathering and invite other Portfolio Holders and Officers to attend meetings as

1.5 The Cabinet Advisory Group will not vote upon or seek to form a consensus view. Any report or decision made will be the responsibility of the Portfolio Holder(s) and will not be a decision of the Cabinet Advisory Group.

1.6 Cabinet Advisory Group meetings will be set in advance, and as a minimum on a quarterly basis, as agreed by the Portfolio Holder(s). Access to Information Procedure Rules will not apply to such meetings and the meetings will not be open to the public. The agendas for each meeting will be made available to all Members in advance.

1.7 There will be no formal or published minutes of the meeting, however notes will be taken and circulated via the Mod.Gov app. Any notes or reports arising from a Cabinet Advisory Group meeting will be for internal use only.

1.8 Any recordings of internal meetings, including Committee Briefings or Cabinet Advisory Groups are for note-taking purposes only and cannot be shared following the meeting and will be destroyed once the minutes are produced.

Section 1 – Overview

Management Structure

1.1 The Management Structure is attached at Annex A.

Corporate Management Team

1.2 The role of the Corporate Management Team (CMT) is to co-ordinate the delivery of Council policies and responsibilities through agreed services and activities in the most effective and efficient manner. In doing so, CMT serves the Council as a whole.

1.3 CMT shall consist of the Chief Executive, the three Corporate Directors, the Section 151 Officer and the Monitoring Officer. Such other Officers as the Chief Executive deems appropriate shall be invited to attend from time to

1.4 CMT will provide and co-ordinate advice on policy matters to

1.5 CMT will provide leadership, direction and strategic guidance to staff on the formulation and development of policies and procedures and ensure the proper allocation and management of human, financial and other resources and monitor performance.

1.6 Through attendance at Cabinet, Full Council, Scrutiny and Performance Committee, Audit and Governance Committee and Standards Committee, CMT (or individual Officers from CMT) provides the strategic link between all Officers and Members. CMT will consider and approve (or require amendment to) any Officer reports prepared on Key Decisions and any other matters as required, prior to that report being submitted to Full Council, Cabinet, any relevant Committee or the Portfolio Holder.

1.7 CMT will ensure that all reports to Members are timely, relevant, accurate, and contain well-presented, professional Where the report is generated by the Member, CMT will advise the report writer and/or the relevant Portfolio Holder on corporate issues.

Officer Scheme of Delegation

1.8 The Officer Scheme of Delegation is set out in Part 2.13, Section 3, Annex B.

Section 2 – Annex A  Management Structure

2.1 The Management Structure of the Council is shown and explained below.

Section 3 – Annex B Officer Scheme of Delegation

3.1 This document sets out the functions which have been delegated to Officers.

Section 3A – Officer Scheme of Delegation

Introduction

3.2 This Officer Scheme of Delegation (the ‘Scheme’) has been adopted by the Council and sets out the extent to which the powers and duties of the Council are delegated to Officers under the Local Government Act 1972, the Local Government Act 2000 (as amended) and all other powers enabling the delegation of Executive and Non-Executive functions to Officers.

3.3 The Officer Scheme of Delegation is intended to provide a streamlined, clear and simple decision-making process and empower Officers to carry out their functions and deliver the Council’s services within the Budget and Policy Framework set by the Council, and subject to the guidelines set by the Council, the Cabinet and the Council’s management team. The Scheme should be interpreted widely to enable the smooth and effective operation of the Council.

3.4 All references to legislation shall be deemed to include any subsequent amendments to such legislation.

3.5 Under section 101 of the Local Government Act 1972 the Council may authorise an Officer to commission and monitor work for and on behalf of the Council by people who are not Officers of the Council. Such people will be bound by this Scheme, and the obligations contained in it, at all times when engaged on Council business.

3.6 In this Scheme references to powers and functions of ‘the Council’ include the powers and functions of the Cabinet (Executive).

3.7 Continuation of existing delegations – A delegation to an Officer which existed at the date of the introduction of this Scheme shall, to any extent that it remains unaltered by (and is not inconsistent with) any delegation (or variation to a delegation) made by or under this scheme, shall continue to have effect.

3.8 Where an Officer has delegated authority to discharge functions by virtue of any other provision of this Constitution or a specific decision of the Council, a Committee, a Sub-Committee or the Cabinet (including by an individual Cabinet Member), the absence of that delegation from this Scheme shall not be treated as preventing the exercise of that delegation.

3.9 The delegations under this Scheme are intended to be cumulative. Each delegation may be read on its own unless it is specifically expressed to be subject to another.

3.10 Where an Officer has delegated powers, the Council or the Cabinet or a Committee (as appropriate) can still exercise that power in a particular case if it considers it appropriate and to the extent it is permitted to do so. Equally it is always open to an Officer not to exercise delegated powers but to refer the matter up as appropriate.

3.11 The Monitoring Officer is responsible for interpretation of all aspects of the Scheme where there is doubt or dispute.

3.12 The Leader may amend the Scheme in respect of the exercise of Executive functions by Officers from time to time.

Limitations

3.13 Any exercise of delegated powers under this Scheme is subject to the overriding requirements, restrictions and exceptions as set out below.

Consultation and Liaison

3.14 When exercising delegated powers Officers must consult as appropriate, give due regard to any advice received and keep Councillors (including Local Ward Members where a decision is relevant to their area) and relevant other Officers properly informed of actions arising within the scope of the delegation exercised. Officers must liaise closely with the Cabinet/Portfolio Holder in respective of Executive functions and the Chair of the relevant Committee in respect of Non-Executive functions which fall within the remit of that Committee.

3.15 When making a decision under this Officer Scheme of Delegation, Officers should have due regard to any advice provided in relation to the matter for decision. Officers should also consult the Section 151 Officer and the Monitoring Officer (as appropriate) when making decisions that have legal or financial implications.

Using a Delegation

3.16 Before exercising any delegated power, Officers must consider whether to consult with the relevant Portfolio Holder or Committee Chair on the exercise of the delegated powers, or not to exercise delegated power and instead refer the matter to the relevant Councillor or Council Body to decide.

3.17 This does not limit the general requirements set out elsewhere in the Constitution to consult with relevant Local Ward Members, Committee Chairs and interested groups in reaching decisions.

Functions Which Are Not Delegated

3.18 This Scheme does not delegate to Officers:-

• i. any matter reserved to Full Council by law or otherwise in accordance with this Constitution;
• ii. any matter which by law may not be delegated to an Officer;

• iii. any matter expressly withdrawn from delegation by the Council, Committees, Leader or Cabinet or delegating Officer (as the case may be).

Restrictions

3.19 Any exercise of delegated powers is subject to:

• i. any statutory restrictions;
• ii the Budget and Policy Framework;

• iii any provision or financial limit of this Constitution including the Procurement and Contracting Procedure Rules (Part 3.2) and Financial Procedure Rules (Part 3.3);

• iv. the Officer Employment Procedure Rules (Part 3.4).
• v. adequate budgetary provision in respect of its financial implications except as may be permitted in the Financial Procedure Rules; or
• vi. not contrary to any procedural or other requirements set out by the Section 151 Officer and/or the Monitoring Officer.

3.20 Officers may not exercise delegated powers in respect of Executive functions where these are expressly reserved to the Leader, the Cabinet or Portfolio Holders.

3.21 Officers may not exercise delegated powers in respect of non-Executive functions where these are expressly reserved to the Council, a Committee or a Sub-Committee.

3.22 Where powers and functions are not so reserved, or do not fall within the categories of functions which are not delegated above, they are delegated to Officers under this Officer Scheme of Delegation.

Transfer of Functions

3.23 Where the name of a post is changed, or its relevant functions become vested in a different post, any delegated powers possessed by the post shall be retained by the renamed post or transferred to the different post as the case may be.

3.24 This includes any delegated powers vested in a post by resolution of the Council, the Cabinet, or a Committee / Sub-Committee.

3.25 In the event of a restructure the Chief Executive shall have authority to re allocate the delegated powers to other posts and shall give notice of this to the Monitoring Officer.

3.26 Any use of this delegated power must be reported to the Council and / or to the Cabinet as soon as practicable.

General Delegation of Powers to Chief Executive and Corporate Directors

3.27 This Scheme delegates to the Council’s Chief Executive and Corporate Directors all Executive and Non-Executive powers and duties relevant and to their areas of responsibility as set out in the table below at paragraph 3.55, and as may be assigned from time to time, that rest with the Council or which have been delegated or granted to the Council, subject to the restrictions, requirements and exceptions set out below. This includes all powers and duties under all legislation present and future relating to a Corporate Director’s area of responsibility and all powers and duties incidental and conducive to that legislation and the discharge of their functions including, but not limited to, those detailed in this Scheme.

Powers in Relation to Staff

3.28 Any action in accordance with the Council’s agreed policies and procedures with respect to the recruitment, appointment, promotion, training, grading, discipline, determination of wages and salary scales, determination of allowances, determination and application of conditions of service, including but not limited to allocation of leave, honorariums, ill-health retirement and determination of establishment except as set out in the exceptions below.

Powers in Relation to Contracts and Property

3.29 Agreements to negotiate, put out to tender, bid, submit tenders, vary, terminate, dispute, extend and renew and in relation to contracts to buy and sell and appoint specialist advisors and consultants and in relation to property to acquire, dispose of, let and licence subject to the Procurement and Contracting Procedure Rules and Financial Procedure Rules. In respect of any development of land and buildings which is proposed to be carried out for the purposes of statutory functions within the sphere of his/her responsibility to authorise an application for planning permission to the Majors or Minors Planning Committee (as applicable), and once such permission has been received, to authorise the carrying out of such development in accordance with the terms and conditions of such permission.

Powers in Relation to Planning

3.30 Powers to determine applications, grant permission, refuse permission, to publicise applications, to comment or make representations on applications, notifications and consultations, to raise objections, to require documentation and information, to take appropriate action on enforcement, to negotiate, complete, vary, discharge or amend planning obligations and agreements.

Powers in Relation to Finance

3.31 Powers to incur capital and revenue expenditure, to seek recovery of amounts owed, to exercise discretion in recovery, alter or waive repayment periods, or approve exemptions in relation to repayments, agree refunds, reduce or remit payments and waive fines, subject to the requirements of the Financial Procedure Rules or the exceptions set out below.

Powers in Relation to Equipment

3.32 Purchase of vehicles, plant and equipment for which expenditure has been approved subject to any policy for standardisation (but if the purchase involves a leasing arrangement this must be made by the Section 151 Officer).

3.33 Hire of plant subject to inclusion of cost of hire within approved estimates. Disposal of surplus plant, equipment and materials.

Powers in Relation to Legal Action

3.34 In consultation with the Monitoring Officer as appropriate, take any steps to implement a decision of the Council, Cabinet or any Committee. In consultation with, and subject to the agreement of the Monitoring Officer as appropriate, authority to appear, institute proceedings, prosecute, defend, negotiate a settlement and take any steps necessary in any proceedings on behalf of the Council. This must be in consultation with other Officers as necessary and subject to the requirements of the Financial Procedure Rules in relation to risk management and insurance.

3.35 Any agreement to settle proceedings would generally be within parameters which had first been agreed informally by relevant Members.

3.36 Limitations on authority to delegate these powers are set out below.

3.37 In consultation with the Monitoring Officer as appropriate, powers to authorise, appoint or nominate named Officers according to their individual training and experience, with reference to guidance and industry best practice and without limitation to:-

• investigate, prosecute, enforce, lay summons
• require individuals to disclose information,
• serve requisitions for information;
• publish information;
• make applications to court (including for warrants);
• sign, issue, serve, vary, revoke and publish notices, including fixed penalty notices, and serve documents;
• make, suspend, or vary prohibition notices or prohibition orders;
• issue temporary exemption notices;
• take emergency remedial action;
• carry out works in default;
• issue certificates, consents, permits, licences;
• refuse, vary, suspend or revoke licences or licensing applications;
• obtain, introduce, operate, amend, extend, vary and revoke orders;
• impose conditions;
• introduce and maintain registers
• without force, exercise powers of entry and / or seizure
• vary or revoke and in relation to land relevant to service functions, to note applications for licences, planning, consents and approvals, a declaration; and grant, vary, revoke and attach conditions to consents and charge property except as set out in the exceptions below.

 Authorisation must be in writing

3.38 Corporate Directors may authorise named persons, whether employed by the Council or not, to act on behalf of the Council to exercise these powers. Such authorisation must be in writing.

Powers in Relation to Documents

3.39 Affix the Common Seal of the Council to any document. This includes affixing a seal by electronic means where permitted subject to any process established by the Monitoring Officer. It also includes the signing of any document as an authorised signatory on behalf of the Council where this is required and no other authority to sign the document exists. This includes signing by electronic means where permitted.

3.40 To sign on behalf of the Council any document necessary to give effect to any resolution of the Council, Committees or Sub-Committees and/or Officers acting under delegated powers. This includes signing by electronic means where permitted. The Procurement and Contracting Procedure Rules (Part 3.2) contain separate provisions regarding the signing of contracts.

 Powers in Relation to Ombudsman Matters

3.41 To agree local settlements in consultation with the relevant Cabinet Member where they consider it in the interests of the Council to do so. To agree remedies in accordance with any policy adopted by the Council in relation to complaints and maladministration.

Delegation of Specific Powers

3.42 It is noted that statutory Chief Officers have specific powers and functions allocated to them as recorded within Article 9 of the Constitution and in relevant legislation.

The Chief Executive

3.43 The Chief Executive is the Council’s Head of Paid Service and as such is responsible for all staffing matters which can be summarised as:

• i. The manner in which the discharge by the Council of its different functions is co-ordinated.
• ii. The number of grades of staff required by the authority for the discharge of its functions.

• iii The organisation of the authority’s staff.

• iv. The appointment, dismissal and proper management of the authority’s staff, other than in relation to Chief Officers.

3.44 This authority includes but is not limited to:

• i. to alter the areas of responsibility of the Corporate Directors set out in the areas of responsibility table below;
• ii. to make arrangements for the appointment of Corporate Director roles and to make appointments to Head of Service roles;

• iii. to agree the Human Resources Policies following relevant consultation;

• iv. to make any changes necessary to the Officer Code of Conduct following relevant consultation;
• v. in consultation with other appropriate Corporate Directors, to settle employee and industrial relations matters, including issues involving the application or rates of pay, conditions of service or other staffing benefits etc.
• vi. to make any agreements with other local authorities for placing staff at the disposal of those other local authorities;

• vii. to appoint any individual to any office other than an office in which they are employed by the Council;
• viii. The Chief Executive is the Council’s Returning Officer in relation to elections and has all Proper Officer powers relating to that role;
• ix. The Chief Executive may give such directions as they may consider necessary to secure the efficient management and execution of the Council’s functions; to secure co-ordination of advice and forward planning of objectives and services; to secure a corporate approach to the affairs of the Council generally, to achieve the efficient and effective implementation of the Council’s strategies and policies and the effective deployment of the Council’s resources towards those ends; to maintain good internal and external relations;  to determine the allocation of office accommodation.
• x. The Chief Executive may carry out the powers and duties of the Corporate Directors in their absence or in consultation with them and in addition to the powers detailed above, or in their capacity as a designated Proper Officer and without limitation, has following additional powers
• xi. To carry out the powers and duties of any Officer in their absence or in consultation with them;
• xii. To incur expenditure in the event of a civil emergency;
• xiii. To take all such action as considered appropriate in any emergency (as defined by the Chief Executive) including making or approving any necessary and urgent arrangements within the powers of the Council for the protection of persons or property in any civil or other emergency;
• xiv. In cases of urgency to take any decision which could be taken by the Council, the Cabinet or a Committee, in consultation with the Leader or relevant Committee Chair, the Section 151 Officer and the Monitoring Officer.
• xv. To be Proper Officer for all Proper Officer functions.

3.45 Subject to any items reserved and in consultation with the Leader, the Chief Executive is to exercise all functions, duties and responsibilities as shareholder to the Council’s wholly owned housing company, Sussex Weald Homes Limited, and to provide strategic oversight and guidance and to represent the Council as shareholder representative at meetings with the company. 

3.46 The Chief Executive has delegated authority to all exercise powers, duties and functions in determining all matters relating to the supply of goods and services to other local authorities and/or public bodies.  

 The Section 151 Officer

3.47 In addition to any powers detailed above or in their capacity as a designated Proper Officer and without limitation, the Chief Financial Officer has delegated authority to carry out those responsibilities set out as delegated to them in the Financial Procedure Rules (Part 3.3) and to discharge the duties, responsibilities and functions as set out in Article 9 (Officers) of the Constitution to extent they are applicable to their role as Section 151 Officer.

3.48 The Section 151 Officer has authority to write-off any outstanding amount owed to the Council up to the limit set out in the Council’s Financial Procedure Rules in respect of each debt, or to an unlimited amount in respect of any debt where the debtor is in liquidation or has been declared bankrupt. The nominated Deputy to the Section 151 Officer is entitled to act in their absence.

3.49 The Section 151 Officer has authority to exercise all the Council’s powers, duties and functions relating to the calculation, determination and submission of for each financial year:

• a. the Council Tax Base;
• b. National Non-Domestic Rates (NNDR) Tax Base; and
• c. Estimate of Council Tax surplus for distribution

3.50 In consultation with the Portfolio Holder for Finance, Human Resources and Customer Services, the Section 151 Officer has authority to approve any investment of funds together with any terms of loan agreement to the Council’s wholly owned housing company, Sussex Weald Homes Limited, provided such anticipated expenditure falls within a pre-approved budget. 

 The Monitoring Officer 

3.51 In addition to any powers delegated as detailed above or in their capacity as a designated Proper Officer and without limitation, the Monitoring Officer has delegated authority to discharge their duties, responsibilities and functions as set out in Article 9 (Officers) of the Constitution to the extent they are applicable to their role as Monitoring Officer and to:-

• i. to certify resolutions and documents as being true copies;
• ii. grant Dispensations to Councillors in accordance with the Localism Act 2011 with the power to refer any request for a Dispensation back to the Standards Committee;

• iii. undertake an initial assessment of Members’ Code of Conduct complaints and determine any further action in consultation with an Independent Person;

• iv. convene a Standards Hearing Sub-Committee;
• v. determine the validity of a Call-in request in consultation with the Head of Paid Service and Chief Financial Officer where appropriate;
• vi. convene an Exceptional meeting of the Scrutiny & Performance Committee if necessary to consider a Call-in request;

• vii. make minor amendments to this Constitution which are required to remove inconsistency or ambiguity, reflect legislative changes or are required to give effect to any decision of the Council or its Committees;
• viii. to certify Council records for the purposes of admitting the document in evidence in civil or criminal proceedings.
• ix. The nominated Deputy to the Monitoring Officer is entitled to act in their absence.

Officer Sub-Delegation

3.52 Any delegation to a Statutory Officer, Proper Officer, Corporate Director or other Officer includes authority for any further sub-delegation of powers within their area of responsibility (including cross-service delegation where appropriate). This should normally be in writing. Where a decision relates to the functions of Section 151 Officer or Monitoring Officer, their designated deputy shall be entitled to act in their absence.

Decision-Making, Records and Publicity

3.53 Officers must make, record and publish decisions made under delegated authority in compliance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (Executive Decisions), Openness of Local Government Bodies Regulations 2014 (Executive and Non-Executive Decisions), and in accordance any requirements set out in this Constitution, in particular the Access to Information Procedure Rules (Part 3.6).

Decision-making and Types of Decisions

3.54 There is no requirement to keep a written record of operational administrative decisions taken within the approved Budget and Policy Framework.

Corporate Director and Heads of Service Areas of Responsibility

3.55 The below table details the non-exhaustive main areas of responsibility of the Head of Paid Service, Corporate Directors and Heads of Service. Corporate Directors and Heads of Service have delegated authority to exercise all powers and functions and to take any necessary action within those areas of responsibility unless the power or function is reserved for decision by another body. For the avoidance of doubt, Corporate Directors may exercise all powers and functions for the service areas listed and comprising their Directorate. Heads of Service may exercise powers and functions within their service area.

Local Choice Functions

3.56 The following Local Choice Functions are to be delegated and decided by Officers in accordance with the table below:

Section 3B: Proper Officer Appointment

List of Statutory Officers

3.57 The table sets out the posts holding statutory offices on behalf of the Council. An Officer will hold the statutory office during any period of employment in the post, either as an employee or on a temporary, acting up or interim basis.

3.58 The Statutory Officers may appoint Deputies, if allowed by law, but cannot delegate their statutory responsibilities.

3.59 The Monitoring Officer has delegated authority to amend the list of Statutory Officers to remove and replace redundant posts or provisions or to change appointments.

3.60

List of Proper Officers

3.61 The Officers set out in the table below are appointed to be the Council’s Proper Officer for the stated legislative provisions.

3.62 The appointed Deputy Proper Officer is given in brackets. The Deputy Proper Officer is appointed to act where the Proper Officer is absent and/or unable to act for any reason.

3.63 In any case, 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 themselves. The authorisation should be in writing where it may be necessary for any legal procedure or proceedings on behalf of the Council.

3.64 In absence of the appointment of a Proper Officer in this Constitution:

• the Chief Executive and/or Monitoring Officer will be the Council’s Proper Officer and has power to delegate this power, until an appointment is made by Full Council; and
• the Deputy Monitoring Officer will be the Council’s Deputy Proper Officer.

3.65 The Monitoring Officer has delegated authority to amend the list of Proper Officers to remove and replace redundant posts or provisions or to change appointments.

3.66 The below table is not necessarily an exhaustive list and any omission shall not affect the validity of any action or decision taken by the Proper Officer.

Local Government Act 1972

3.67

Local Government Act 1974

3.68

Local Government (Miscellaneous Provisions) Act 1976

3.69

Local Government Finance Act 1988

3.70

Local Government & Housing Act 1989

3.71

Local Government (Committees and Political Groups) Regulations 1990

3.72

The Local Authorities (Standing Orders) (England) Regulations 2000

3.73

Local Government Act 2000

3.74

Local Authorities (Referendums)(Petitions)(England) Regulations 2011

3.75

Local Authorities (Conduct of Referendums) (England) Regulations 2011

3.76

Representation of the People Act 1983

3.77

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

3.78

Assets of Community Value (England) Regulations 2012

3.79

All legislation relating to Environmental Health, Public Health and Health and Safety

3.80

National Assistance Act 1948. National Assistance Act 1952 and Public Health (Control of Diseases Act 1984

3.81

Party Wall Act 1996

3.82

The Neighbourhood Planning (Referendums) Regulations 2012

3.83

Miscellaneous

3.84