Part 3 - Responsibility for Functions

1.1

To be responsible for the following "regulatory functions" in their respective areas which are not specifically the responsibility of any body or person under the Scheme of Delegation:-

• Functions relating to town and country planning and development control. (including those specified in schedule 1(a) of LA Functions and Responsibilities Regulations 2000) and in Amendment Regulations 2001
• Non general policy functions relating to Registration including those specified in the above regulations.
• Functions relating to health and safety at work to the extent that they are discharged otherwise than in the Council's capacity as an employer
• To create stop up divert and grant and protect rights of way in their respective areas.
• Street naming and numbering
• Powers relating to the Preservation of Trees and Protection of Hedgerows
• Reclassification of roads used as public paths
• Removal of material so deposited on the highway as to be a nuisance
• The discharge of any function relating to the control of pollution in its Area (local choice function)
• All noise and statutory nuisance matters in the Area (local choice function)
• Any function relating to contaminated land (local choice function)
• The management of air quality (local choice function)
• The making of agreements for the execution of highway works (local choice function)
• To make SSSI Diversion Orders · Serve notices of proposed action for obstruction
• Designate footpaths as cycle tracks
• To make closing orders with respect to take-away food shops
• All functions relating to high hedges pursuant to Part 8 of the Anti-Social Behaviour Act 2003.

1.2

To obtain information under the Town and Country Planning Act as to interests in land (local choice function)

1.3

To obtain particulars of persons interested in land under the local government (miscellaneous provisions) Act 1976 (local choice function)

1.4

To appoint representatives on outside bodies operating only or principally in their respective areas which relate to "non-Cabinet functions".

1.5

To develop a community strategy for their respective areas in accordance with the Council's Community Strategy.

1.6

To develop relationships and partnerships with stakeholders in their respective areas.

1.7

To identify consult on and consider issues relevant to their respective areas.

1.8

To hold Parish Forums in their respective areas to develop proposals for delivering information and make accessible to stakeholders in their respective areas. Such Forums shall either form part of a normal meeting or be held separately

1.9

To authorise the institution or defence of any legal proceedings relating to "non-Cabinet functions" relevant to their respective areas subject to the senior legal officer being satisfied as to evidence to the extent that such proceedings are not specifically delegated officers.

1.10

To administer grants utilising funds allocated through the Area Grants Scheme and rate relief for organisations operating principally or solely within their area.

1.11

To be kept informed (through the relevant Managing Bodies) of the general operation of the Durrington Swimming Pool and Tisbury and District Sports Centre and make recommendations to the Cabinet on any policy/financial issues which arise.

1.12

Note * In addition to the above, the City Area Committee can deal with all matters which are subject to a Special Charge under the Local Government Finance Act 1992, including any such services where the Council is the Trustee. It can also approve a supplementary estimate in respect of its own reserves.

Note * The City Area currently operates through two Committees each comprising the 20 City Ward Members

1. The City Area (Planning) Committee - deals with all Development Control and related enforcement issues and the administration of the South Wilts Area Grants Scheme.
2. The City Area (Community) Committee all other matters including those relating to a Special Charge (as above)

2.1

Every Member of the Council representing a ward within the area of the Committee.

2.2

Parish Councillors representing Parishes within a particular Area and County Councillors representing divisions wholly or partly within in a particular area will be invited to attend and speak on all items in open business. Neither County nor Parish Councillors are entitled to vote on decisions which are the responsibility of the District Council (eg regulatory and financial matters) however they are allowed to vote on matters where the committee is acting in the role of a forum and when making representations/forwarding comments to others organisations etc.

2.3

Each committee is expected to co-opt people or representatives from local organisations to debate issues in which they have a particular interest.

2.4

Area Committees will not be politically balanced as they are Ward constituted.

1.1

To consider matters including by way of referrals from Area Committees which

• would in the opinion of the Head of Development Services result in a material departure from the Development Plan and/or Government Guidance. (development control matters)
• Significantly affect parts of the District outside the Area concerned (development control matters)
• Have District Wide significance (development control matters and general licensing policy other than that relating to the Licensing Act 2003 or any statutory extension/modification/amendment or re-enactment of it)
• Any other regulatory matters which the Area Committees are unable to determine

1.2

To determine non staffing appeals, including those in respect of council tax benefit, taxi licensing, homeless cases and notices to end introductory tenancies (local choice function) through a sub committee consisting of four members

1.3

Certain electoral matters including the scale of fees and expenses for elections and parish polls e.g. the supervision of the parish electoral reviews and the formulation of recommendations.

1.1

To be responsible for all "Cabinet functions"which are not specifically the responsibility of any body or person under the Scheme of Delegation including but not limited to:

• Proposing the Policy Framework and any changes to it
• Proposing the Council's budget and any changes to it
• Overseeing the implementation and delivery of services in line with the agreed Policy Framework and budget
• Functions relating to health and safety at work discharged in the Council's capacity as employer
• Appointing representatives on outside bodies which relate to "Cabinet functions"
• Proposing changes to the Council's constitution

To be responsible for:

• Preparation of supplementary planning guidance
• Designation of conservation areas of archaeological interest and nature reserves
• Article 4 Directions (removal of permitted development rights)
• Making compulsory purchase orders
• All housing functions (excluding land transfer)

1.2

To receive reports from the Overview and Scrutiny Panels on their findings of the Best Value service reviews undertaken.

1.3

To set and amend fees and charges relating to "Cabinet functions".

1.4

In consultation with the Head of Financial Services to approve variations (capital or revenue) in the Council's budget not exceeding £100,000 for any one scheme or project (so long as it does not adversely effect the Council's financial position) or in the case of any civil or military emergency under the Civil Defence Acts without limit.

1.5

To take in year decisions on resource priorities

1.6

To authorise the institution of or defence of any legal proceedings relating to "Cabinet functions" to the extent that such proceedings are not specifically delegated to claims under the Scheme of Delegations.

1.7

To consider all proposals from Area Committees requesting services and facilities provided by the Council in their respective areas and to implement such proposals so far as reasonably practicable.

1.8

To consider the delegation of:

• the appointment of representatives on outside bodies which operate in the respective areas of Area Committees which relate to "Cabinet functions".
• *Those District Council powers discharged through the Salisbury Transportation Plan Joint Committee continuing to be so discharged.
• certain decisions to portfolio Members (this will be considered after the new structure has been in operation after 12 months.

* In accordance with the Joint arrangement rules (Article 11 refers) the Cabinet may only appoint Cabinet members to a joint committee and those members need not reflect the political composition of the Authority as a whole. Non-Cabinet members can only be included when the committee covers an area no larger than two fifths of the authority by area or population or where the Joint Committee is responsible for Cabinet or Regulatory functions.

The Cabinet has established a Joint Consultative Forum to promote harmonious employer/employee relations and consider any matter relating to employment within the Council, including appeals from officers. It has no 'executive' powers, consequently any proposed actions would be referred to the Cabinet for decision. As it does not exercise any powers, membership may include non-Cabinet councillors (political balance rules do not apply).

1.9

To administer grants and rates relief for organisations operating across the district as a whole.

1.1

• To scrutinise all policies, decisions and functions of all the parts of the Council and the implementation of such policies and decisions.
• To scrutinise decisions which the Cabinet is planning to take (including those in the Forward Plan)
• To scrutinise any Cabinet decisions taken by an Area Committee
• To conduct Best Value Reviews and make recommendations to the Cabinet where appropriate
• To assist the Cabinet in working up draft policies

1.2

To monitor the development of and to make recommendations on all policies of the Council and the Budget to the Cabinet. To review the performance of the Cabinet and the Authority's Senior OfficersTo scrutinise officer decisions in so far as they are either:

1. Part of a review of service plans
2. Part of the Best Value process
3. Key delegated decisions having significant effects within the community or on interests outside of the Local Authority

1.3

To require Cabinet Members, the Management Team and Service Managers to provide reports and information and to attend meetings to answer questions on such reports and information. In respect of Officers, the Committee will observe the following conventions -

1. Questions will be confined to matters of fact and explanation of policies and decisions
2. Officers may explain -
   1. What the policies are
   2. Justification and objectives of policies
   3. Extent to which objectives have been met
   4. How administrative factors might have affected choice of measures and their implementation
3. Officers may and should be asked to explain and justify advice given to the Cabinet and key decisions taken under delegation.
4. Officers must avoid being drawn into the merits of policy alternatives and must remain politically impartial.

1.4

To review any decision exercising "Cabinet functions" on the grounds that it is illegal, unlawful or that it is not in accordance with the Council's policy framework or the Council's Budget.

1.5

To make representations and recommendations on matters which although not the Council's responsibility, affects the Authority or its inhabitants eg Health Care Provision.

1.6

Where a Monitoring Officer or Chief Finance Officer's report is made to the relevant Panel, to consider whether it would be appropriate to hold a short Inquiry into the matter prior to the Executive's consideration of it.

2.1

There will be 4 Overview/Scrutiny Panels (to mirror the Cabinet portfolios) each comprising up to 14 non-Cabinet members on a named basis, but with individual panel members able to name their own substitutes for meetings they are unable to attend.

2.2

There will be a co-ordinating committee comprising 12 Members, politically balanced.

2.3

Non voting co-optees will be permitted.

3.1

This is a matter for the Panels to decide. They may wish to draw on certain members to perform different functions eg policy review, service review and policy development.

1.1

1.2

1.3

1.4

4.1

4.2

5.1

5.2

5.3

• disagrees with any of the findings of fact in the Investigator’s Report, and if so, which ones and the reasons for any disagreements;
• wants to be represented at the hearing by a solicitor, barrister or any other person;
• wants to give evidence to the Standards Committee, either verbally or in writing;
• wants to call relevant witnesses to give evidence on any disagreements as to the findings of fact or mitigation to the Standards Committee;
• wants any part of the hearing to be held in private;
• wants any part of the Investigator’s Report or other relevant documents to be withheld from the public; and
• can come to the hearing.

5.4

• wants to be represented at any hearing (and if so to indicate their availability to attend);
• wants to call relevant witnesses to give evidence to the Standards Committee;
• wants any part of the hearing to be held in private; and
• wants any part of the Investigator’s Report or other relevant documents to be withheld from the public.

5.5

5.6

5.7

• set the date, time and place for the hearing;
• summarise the allegation;
• outline the main facts of the case that are agreed
• outline the main facts which are not agreed;
• note whether the Member or the Investigator will go to or be represented at the hearing;
• list those witnesses, if any, who will be asked to give evidence; and
• outline the proposed procedure for the hearing

5.8

9.1

9.2

9.3

9.4

9.5

9.6

9.7

9.8

If the Member disagrees with any relevant fact in the Investigator’s Report, without having given prior notice of the disagreement, he or she must give good reasons for not mentioning it before the hearing. After considering the Member’s explanation for not raising the issue at an earlier stage, the Committee may, if the Investigator is present:

• continue with the hearing, relying on the information in the Investigator’s Report; or
• allow the Member to make representations about the issue, and invite the Investigator to respond and call any witnesses, as necessary; or
• adjourn the hearing to arrange for appropriate witnesses to be present.

9.9

Should the circumstances mentioned in paragraph 8.8 arise, and the Investigator is not present, then the Committee will consider also whether or not it would be in the public interest to continue in his or her absence. If the Committee decides that it is not in the public interest to continue, it shall adjourn the hearing to allow the Investigator to attend or to make further representations.

9.10

The Committee will usually move to another room to consider the representations and evidence in private. The Committee Secretary shall accompany the Committee to record their findings.

9.11

If at any time during their considerations the committee requires legal advice it shall return to the room where the hearing took place and shall be given that advice in the presence of both the Investigator and the Member

9.12

9.13

9.14

9.15

9.16

9.17

• that the Member has not failed to comply with the Council’s Code of Conduct; or
• that the Member has failed to comply with the Council’s Code of Conduct

11.1

If the Committee decides that the Member has failed to follow the Code of Conduct, it will consider any verbal or written representations from the Investigator and the Member as to:

• whether the Committee should apply a sanction under paragraph 11.4
• the nature of the sanction to be imposed

11.2

The Committee may question the Investigator and Member, and take legal advice, to make sure they have the information they need in order to make an informed decision.

11.3

The Committee will then usually move to another room to consider what sanction to impose on the Member and if so what sanction it should be. The Committee Secretary shall accompany the Committee.

11.4

The Committee will impose any one, or any combination of, the following sanctions:-

• censure of that Member (This is the only form of penalty available when dealing with a person who is no longer a member of the Council);
• restriction for a period not exceeding six months of that member’s access to the Council’s premises or that member’s use of the Council’s resources provided that those restrictions:
  are reasonable and proportionate to the nature of the breach; and
  do not unduly restrict the person’s ability to perform the functions of a member.
• suspension or partial suspension¹ of that member for a period not exceeding six months;
• that the member submits a written apology in a form specified by the Committee;
• that the member undertakes such training as the Committee specifies;
• that the member participate in such conciliation as the Committee specifies;
• suspension or partial suspension for a period not exceeding six months or until such time as that member submits a written apology in a form specified by the Committee, or that member has undertaken such training or has participated in such conciliation as the Committee specifies.

11.5

Any sanction or combination of sanctions imposed will, subject to paragraph 13 below, commence immediately or on a date specified by the Committee within a period of six months from the imposition of the sanction.

11.6

On its return, the Chairman will announce the Committee’s decision.

12.1

The Committee will announce its decision on the day and provide a short written decision on that day. It will also issue written notice of the finding and the reasons for it as soon as reasonably practicable after making a finding to:

• the member who is the subject of the finding;
• the Standards Board;
• the standards committee of any other authority involved;
• any parish councils concerned;
• any person who made an allegation that gave rise to the investigation.

12.2

The Committee will arrange for a summary of the notice under 12.1 to be published in at least one newspaper circulating in the area of every authority concerned and if considered appropriate on the web page of any authority concerned or in any other publication.

12.3

Where the finding was that the member had not failed to comply with the Code of Conduct then paragraph 11.2 shall not apply if that member so requests.

13.1

Where the Committee has made a finding that a member has failed to comply with the Code of Conduct whether or not a sanction has been imposed that member may by giving notice in writing to the president of the Adjudication Panel:

1. seek permission to appeal; and, if appropriate,
2. apply for the suspension of any sanction imposed under paragraph 11.4 above, until such time as any appeal is determined.

13.2

The notice specified in paragraph 13.1 must be received by the president of the Adjudication Panel within 21 days of the member’s receipt of the notice under paragraph 11.1 and must specify:

• the finding against which the member seeks permission to appeal;
• whether the appeal is against the finding of failure to comply with the Code of Conduct, or against the sanction imposed, or both;
• the grounds of the appeal;
• whether any application for suspension of any sanction is made; and
• whether or not the member consents to the appeal being conducted by way of written representations.

13.3

Applications for permission to appeal or suspend a sanction will be decided by the president (or deputy president) of the Adjudication Panel, usually in the absence of the parties.  In deciding the matter the president will have regard to whether, in their opinion, there is a reasonable chance of an appeal being successful.  The president will give notice of the decision within 21 days of receipt the notice given in accordance with paragraphs 13.1 & 13.2.  

13.4

Where permission to appeal has been given the president will refer the matter to an appeals tribunal which shall conduct the appeal in accordance with the Standards Committee (England) Regulations 2008.

13.5

The Monitoring Officer will report the decision of the appeals tribunal to the Standards Committee, which must comply with the decision.