Responsibility for Functions

Part 3

Responsibility for Functions

Page 1 of 30

Updated October 2017

Responsibility for Functions

INTRODUCTION

The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 ("the Functions Regulations") give effect to section 13 of the Local Government Act 2000 by specifying three kinds of functions:

(a) those functions which may (but need not) be the responsibility of the Cabinet (the "Local Choice Functions");

(b) those functions which must not be the responsibility of the Cabinet ("Council Functions");

(c) those functions which are to some extent the responsibility of the Cabinet (the "Shared Functions").

The following tables show how the Council will discharge functions in each of these categories. All other functions are to be the responsibility of the Cabinet.

This Part of the Constitution also contains:

(a) details of the appointment and functions of Proper and Designated Officers; and

(b) the Council's Scheme of Delegation specifying those functions which, by virtue of the adoption of this Constitution, are deemed to be delegated by the responsible body to Council staff.

RESPONSIBILITY FOR LOCAL CHOICE FUNCTIONS

Functions (as set out in Schedule 2 to the Functions Regulations) (Functions which may (but need not be) the responsibility of the Cabinet) / Decision Making Body / Functions Delegated /
Any functions under a local Act / Council / Area Committees
(where local issue)
Determination of appeals against Council decisions (except employment issues covered below) / Cabinet / Area Committees (where local issue)
Determination of appeals by employees of the Council in connection with dismissal, grievances and other issues arising in the course of their employment. / Council / Appeals Panel
Conduct of best value reviews pursuant to s.5 Local Government Act 1999 / Cabinet
Functions relating to contaminated land / Cabinet / Area Committees
Functions relating to the control of pollution or the management of air quality / Cabinet / Area Committees
Functions relating to statutory nuisances pursuant to ss.79-80 Environmental Protection Nuisance Act 1990 / Cabinet / Area Committees
Application of Schedule 2 Noise and Statutory Nuisance Act 1993 / Cabinet / Area Committees
Information requisition pursuant to s.330 Town and Country Planning Act 1990 / Cabinet / Area Committees
Information requisition pursuant to s.16 Local Government (Miscellaneous Provisions) Act 1976 / Cabinet / Area Committees
Appointment (and revocation) of individuals to other offices or bodies / Cabinet / Area Committees (where local issue)
Making of agreements for the execution of highway works / Council / Area Committees

RESPONSIBILITY FOR COUNCIL FUNCTIONS

Functions (as set out in Schedule 1 to the Functions Regulations) (Functions not to be the responsibility of the Cabinet) / Decision Making Body / Functions Delegated /
Functions in paragraph A relating to town and country planning and development / Council / Area Committees
Functions in paragraph B relating to licensing and registration / Council / Admin Committee/ Area Committees
Functions in paragraph C relating to health and safety at work / Council / Area Committees
Functions in paragraph D relating to elections and parishes / Council / Admin Committee
Functions in paragraph E relating to name and status of areas and individuals / Council
Powers in paragraph F to make, amend, revoke or re-enact byelaws / Council / Area Committees (where local issue)
Power in paragraph G to promote or oppose local or personal bills / Council
Functions in paragraph H relating to pensions (currently a County Council function) / Council
Miscellaneous functions in paragraph I numbered 1-5 and 7 relating to footpaths, bridleways and highways / Council / Area Committees
Functions in paragraph I number 8 relating to financial matters / Council
Functions in paragraph I number 9 relating to sea fisheries / Council / Admin Committee
Miscellaneous functions in paragraph I numbered 10-12 relating to trees, hedgerows and limestone pavements / Council / Area Committees
Miscellaneous functions in paragraph I numbered 13 and 15 relating to standing orders / Council
Functions in paragraph I number 14 relating to the appointment of staff / Council / Operational Managers, Lead Specialists Chief Executive or Corporate Directors for staff below Operational Manager and Lead Specialist
Functions in paragraph I number 16 relating to payments or benefits in cases of maladministration etc / Council / Committee responsible for relevant function (or Chief Executive, Chief Financial Officer and Monitoring Officer if a Cabinet function)

RESPONSIBILITY FOR SHARED FUNCTIONS

Functions (as set out in Schedule 3 to the Functions Regulations) / Responsible Body
Formulation of the Council's:
- To coordinate the production of the Crime and Disorder Reduction Strategy
- Plan and Strategies which together comprise the Development Plan / The Cabinet will be responsible for preparing the draft Plans/Strategies and submitting them to the Council.
The Council will be responsible for approving and adopting the final Plans/Strategies

OTHER FUNCTIONS EXPRESSLY DELEGATED BY COUNCIL

Legislation / Description / Body/Committee function delegated to / Date of delegation
Localism Act 2011 - Part 5 Chapter 2 / Community Right to Challenge / Cabinet / 18 October 2012

APPOINTMENT OF PROPER AND DESIGNATED OFFICERS

For the purposes of relevant legislation the Council has made the following appointments for the duties or functions shown in the Appendix following this page.

PART 3 (RESPONSIBILITY FOR FUNCTIONS)
APPENDIX 1
APPOINTMENT OF PROPER AND DESIGNATED OFFICERS
1
Section of Act / 2
Description of the responsibility involving the appointment of an officer of the District Council / 3
The officer of the Council appointed the proper officer for the duty or function referred to
LOCAL GOVERNMENT ACT, 1972
13(3) / The Officer to act as Parish Trustee in a parish which does not have a Parish Council. / Monitoring Officer
83(1) / The Officer before whom a person elected to the Office of Chair, Vice-Chair or Councillor of the District shall make a declaration of acceptance of office in a form prescribed by rules under s.42 of the Act and to whom such declaration shall be delivered. / Chief Executive or Monitoring Officer
84 / The Officer to whom a person elected to any office under the Act may at any time give written notice of his resignation from that office. / Chief Executive
89(1) / The Officer to receive notice in writing given by two local government electors for the District of a casual vacancy occurring in the office of Councillor. / Chief Executive
96(1) / The Officer to whom a member of the Council shall give written notice to the effect that he or his spouse is a member or in the employment of a specified company or other body or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the Council. / Monitoring Officer
96(2) / The Officer to record in a book to be kept for the purpose particulars of any disclosure made under s.94 of the Act and of any notice given under S.96(1) of the Act. / Monitoring Officer
100B,C,D & F / The officer responsible for providing access to agendas, minutes, reports and background documents in respect of meetings of the Authority. / Performance and Governance Manager
115(2) / The Officer to whom all money due from every officer employed by the Council shall be paid. / Chief Financial Officer
146 / The Officer to make any statutory declaration in connection with the transfer of securities. / Chief Financial Officer
151 / The Officer who shall be responsible for the proper administration of the Council's financial affairs. / Chief Financial Officer
191(2) / The Officer to appoint a person to assist in examining, ascertaining and marking out the reputed boundaries of the District for the purposes of the Ordnance Survey Act 1841. / Monitoring Officer
204(3) / The Officer to receive notices of applications for Justices' Licences under Schedule 2 to the Licensing Act, 1964. / Legal Services Manager
210(6) & (7)
s.212 / The Officer in whom shall vest the powers with respect to Charities carried out by officers of the "old" local authority where there is no corresponding officer in the new authority
The Officer to act as local registrar for local land charges / Monitoring Officer
Housing and Development Lead Specialist
225(1) / The Officer to receive and retain a document of any description deposited pursuant to the Standing Orders of either House of Parliament or to any enactment or instrument. / Monitoring Officer
229(5) / The Officer to certify a photographic copy of a document in the custody of or under the control of the Council or of a document which has been destroyed while in the custody of the Council, or of any part of any such document. / Legal Services Manager
234(1) / The Officer to sign any notice, order or other document made or issued by the Council. / Legal Services Manager
236(1) & (9) / The Officer to send to the Council and each parish council a copy of every byelaw made by the Council and confirmed. / Legal Services Manager
238 / The Officer to certify a printed copy of a byelaw made by the Council. / Legal Services Manager
248(2) / The Officer to keep the roll of freedom of the town. / Performance and Governance Manager
Sched 12 para 4(2)(b) / The Officer to sign the summons to attend meetings of the Council and specifying the business proposed to be transacted thereat. / Performance and Governance Manager
4(3) / The Officer to receive the notice in writing from a member of the Council giving notice that such member desires summonses to attend meetings of the Council to be sent to him at some address specified in the notice other than his place of residence. / Performance and Governance Manager
Sched 14 para 25(7) / The Officer to certify in writing a true copy of the resolution of the Council applying or disapplying various provisions of the Public Health Acts 1875 to 1925. / Legal Services Manager
Sched 16 / The Officer to receive and deposit lists of buildings of special architectural or historic interest. / Legal Services Manager
LOCAL GOVERNMENT ACT, 1974
30(5) / The Officer to give public notice of the availability of reports of the Local Commissioner for Administration. / Chief Executive
74
(as amended)
2,3 and 6 / PUBLIC HEALTH (CONTROL OF DISEASE) ACT 1984
Consultant in Communicable Disease Control / Consultant in Health Protection at Public Health England South East, to act as Proper Officer for the following purposes
THE HEALTH PROTECTION (NOTIFICATION) REGULATIONS 2010 / Lead Specialist (Economy)
Receipt and disclosure of notification of suspected notifiable disease, infection or contamination in patients and dead persons.
Public Health (Control of Disease) Act 1984Section 48 as amended by Health and Social Care Act 2008
Preparation of certificate to Justice of Peace for removal of body to mortuary and for burial within a prescribed time or immediately.
LOCAL GOVERNMENT
(MISCELLANEOUS PROVISIONS
ACT 1976
41 / The Officer for signing certificates as evidence of resolutions and minutes of proceedings, etc. / Monitoring Officer
REPRESENTATION OF THE PEOPLE
ACT 1983
8 / The Officer to act as Electoral Registration Officer. / Monitoring Officer
35 / The Officer to act as Returning Officer for elections of Borough Councillors and Parish Councillors. / Monitoring Officer
THE LOCAL ELECTION (PRINCIPAL
AREAS) RULES 1986

Monitoring Officer
THE LOCAL ELECTION (PARISHES
AND COMMUNITIES) RULES 1986
The Officer of the Borough Council to act under the Rules for the purposes of parish elections, including the receipt of all documents and returns. / Monitoring Officer
PARISH AND COMMUNITY
MEETINGS (POLLS) RULES 1987
The Officer to act as Returning Officer. / Monitoring Officer
HOUSING
The Officer to sign certificates submitted in the Council's role as lending authority for any housing association schemes. / Legal Services Manager
HEALTH & SAFETY AT WORK ACT
ETC 1974
39 Power to institute proceedings for
breaches of provisions under the
Act. / Economy Specialists designated by the Council as Health & Safety Officers
LOCAL GOVERNMENT AND
HOUSING ACT 1989
4 / The Officer to act as head of the paid service. / Chief Executive
5 / The Officer to act as the monitoring officer. / Monitoring Officer
LOCAL GOVERNMENT
(COMMITTEES AND POLITICAL
GROUPS) REGULATIONS 1990 AND
1991
The Officer to accept political group
notices.
/ Chief Executive
The Officer to receive notices of
members' pecuniary interests. / Monitoring Officer
BUILDING ACT 1984
S.78 The Officer to deal with dangerous
buildings or structures in emergencies. / Building Control Partnership Manager or Building Control Surveyor
GENERAL
Any reference in any enactment passed
before or during the 1971/72 session of
Parliament other than the Local
Government Act 1972 or in any instrument
made before 26th October 1972 to the
Town Clerk of a Borough which, by virtue
of any provisions of the said Act was to be
construed as reference to the Proper
Officer of the Council. / Monitoring Officer
Any reference in the Local Government
Act 1972 to the Proper Officer of the
Council except where one has been
designated above. / Monitoring Officer
Any reference in any enactment passed
after the 1971/72 session of Parliament or
to be passed to the Proper Officer of the
Council unless or until a specific
appointment of another Officer has been
made by the Council. / Monitoring Officer
LOCALISM ACT 2011
The proper officer to receive written
requests for and grant dispensations / Monitoring Officer (with the ability to refer to the Administration Committee if necessary)
THE LOCAL AUTHORITIES (EXECUTIVE
ARRANGEMENTS) (MEETINGS AND
ACCESS TO INFORMATION)
(ENGLAND) REGULATIONS 2012
The Proper Officer / Monitoring Officer

SCHEME OF DELEGATION TO STAFF

PART 3 (RESPONSIBILITY FOR FUNCTIONS)

APPENDIX 2

SCHEME OF DELEGATION TO STAFF AND MEMBERS

A - GENERAL SCHEME OF DELEGATION

Subject to the following conditions and to any special conditions which may in future be applied in respect of particular matters, the Chief Executive, Corporate Directors, Operational Managers, Lead Specialists, or equivalent, are authorised to make such decisions and to initiate such action as they shall deem necessary in the interest of the efficient running of their teams or the services which they administer. In the absence of the Chief Executive, or at any time when he/she is unavailable, any or all of his/her powers shall be exercisable by any one of the Corporate Directors.