MAIDSTONE

 

BOROUGH

 

COUNCIL

 

CONSTITUTION

 

 

 

 

 


CONSTITUTION OF THE COUNCIL

 

Contents

                                                                                                         

                                                                                                         

Part 1 Summary and Explanation                                                                 

 

1.1              Purpose                                                                          

1.2              What is in the Constitution?                                           

1.3              How the Council works                                                   

1.4              How decisions are made                                                 

1.5              Rights of Members of the Public                                               

1.6              Leader of the Council                                                     

1.7              Role of the Mayor                                                           

1.8              All Councillors                                                                

1.9              Meetings of the Council                                                  

1.10          Committees                                                                    

1.11          The Council's staff                                                         

1.12          Shared Services Arrangements                                       

1.13          Working with Partners                                                    

1.14                    Review and Revision of the Constitution                                  

 

Part 2 Responsibility for Functions                                                     

 

Functions of Full Council

Committees of the Council:

·         Policy and Resources Committee

·         Urgency Committee

·         Strategic Planning, Sustainability and Transportation Committee:

o   Local Plan Sub Committee

·         Communities, Housing and Environment

·         Heritage Culture and Leisure Committee

·         Planning Committee

·         Planning Referrals Committee

·         Licensing Committee:

o   Licensing Sub-Committee

·         Employment Committee

·         Audit, Governance and Standards Committee

·         Democracy Committee

·         Joint Independent Remuneration Panel

·         Kent Joint Waste Management Committee

·         Joint Transportation Board

·         Council Committees as Corporate Trustee For Charities

o   Cobtree Manor Estate Charity Committee

o   The Queens Own Royal West Kent Regiment Museum Trust Committee

Responsibility for Functions Relating To Officers:

·         Chief Executive

o   Head of Policy and Communications

o   Head of Planning and Development

·         Director of Regeneration and Communities

o   Head of Commercial and Economic Development

o   Head of Finance and Resources

o   Head of Housing and Community Services

·         Director of the Environment and Shared Services

o   Head of Environment and Public Realm

·         Mid Kent Services

o   Head of Audit Partnership

o   Head of Human Resources Shared Service

o   Head of IT Shared Services

o   Head of Legal Partnership

o   Head of Revenues and Benefits Shared Services

The “Proper Officer” Provisions

 

Part 3 Rules of Procedure

                                                 

3.1     Council Procedure Rules                                                   

          3.2     Access to Information Procedure Rules                                     

          3.3     Maidstone Youth Forum Procedure Rules              

3.4     Maidstone Crime and Disorder Reduction

Partnership Procedure Rules              

3.5     Financial Procedure Rules                                                        

3.6    Contract Procedure Rules                                               

3.7    Contract procedure Rules Relating to Land Transactions           

3.8     Officer Employment Procedure Rules                              

         

Part 4 Codes and Protocols 

 

          4.1     Councillors’ Code of Conduct                                         

4.2     Procedure for dealing with complaints of alleged breaches

of the Councillors' Code of Conduct   

Annex 1: Procedure on Receipt of a Complaint;

              Complaint Form

Annex 2: Procedure for Investigating the Complaint

Annex 3: Hearing Panel Procedure Template Procedure Notice

Annex 4: Flow Diagram of Procedure

          4.3     Protocol on Councillor/Officer Relations

§  Introduction

§  Principles

§  Roles of Councillors

§  Role of Officers

§  The Mayor

§  Officer/Chairman Relationships

§  Party Groups

§  Ward Councillors

§  Councillors’ Access to Information and to Council Documents

§  Correspondence

§  Support Services to Councillors

4.4     Local Code of Conduct for Councillors and Officers

dealing with planning matters:          

§  The General Role and Conduct Of Councillors and Officers

§  Registration of Interests by Councillors

§  Declaration of Interests

§  Development Proposals Submitted by Councillors and Officers; and Council Development

§  Lobbying of and by Councillors

§  Pre-Application Discussions

§  Councillors' Involvement during the Life of a Planning Application

§  Officer Reports to Committee

§  Public Speaking at Planning Committee

§  Decisions Contrary to Officer Recommendation and/or the Development Plan

§  Reference of Applications to Planning Committee by Councillors

§  Site Visits

§  Regular Review of decisions

§  Complaints and Record Keeping

§  Section 106 Agreement

§  Deferral of Planning Decisions

§  Planning Decisions which have Significant Cost Implications

§  Attendance of Members at Planning Committee

§  Appeals

§  Training

§  Urgent Update Reports

4.5     Local Code of Conduct for Councillors and Officers dealing

with licensing matters:

§  The General Role and Conduct of Councillors and Officers

§  Registration of Interests by Councillors

§  Declaration of Interests

§  Applications Submitted By Councillors and the Local Authority

§  Lobbying of and by Councillors

§  Pre-Application Discussions

§  Site Visits

§  Regular Review of Decisions

§  Complaints and Record Keeping

4.6     Officers’ Code of Conduct                                                        

4.7     Protocol to guide Councillors when electing the

Mayor/appointing the Deputy mayor and order of

seniority of Councillors                                

 

Part 5 Councillors’ Allowances Scheme

 

Councillors’ Allowances Scheme                  

 

Part 6 Management Structure

         

          Management Structure                                                  

 

Glossary of Terms


Maidstone Borough Council Constitution

 

 

Part 1

 

Summary and

 

Explanation


SUMMARY AND EXPLANATION

1.1.     Purpose

Maidstone Borough Council has agreed a Constitution which sets out how the Council operates, how decisions are made and the rules and procedures which need to be followed. The Council is required to have a Constitution by law. Some of the rules and procedures are required by the law, whilst others have been chosen by the Council.

 

The aim of this document is to explain how the Council works for the benefit of Councillors, people who use services, officers (i.e. the staff employed by the Council) and those who do business with the Council.


 

1.2.     What is in the Constitution?

·         The first part of the Constitution sets out a summary and explanation of how the Council operates.

·         The second part sets out how decisions are made including the remit of each of the Council's Committees and a scheme of delegation to officers.

·         The third part sets out the rules and procedures under which the Council operates.

·         The fourth part sets out codes and protocols adopted by the Council.

·         The fifth part sets out the Councillors' allowances scheme.

·         The sixth part sets out the Council’s management structure.

 

1.3.     How the Council Works

The Council comprises 55 Councillors, with one-third elected three years out of every four. Councillors are elected for an area known as a 'ward' and help to sort out problems in the area and speak up for the public. Councillors are democratically accountable to people in their ward, but they also have an overriding duty to the whole community, including people who did not vote for them.


Councillors are elected for a period of four years and hold office from the fourth day after being elected until four days after the next regular election four years later (unless they resign or become disqualified). Where a Councillor ceases to hold office within the four year period, a vacancy arises. A by-election will be held unless the vacancy arises within 6 months of the next regular Council elections.  Only registered voters of the Borough or those living or working in the Borough are eligible to hold the office of Councillor.

 

All Councillors meet together as the full Council (this is why Councillors are sometimes known as 'Members' of the Council). Meetings of the Council are normally open to the public. Here Councillors decide the Council’s overall policies and set the budget each year. The Council also elects the Leader of the Council.

 

Councillors must follow the Councillors' Code of Conduct and the Protocol on Councillor/Officer Relations both of which are set out in Part 4 of this Constitution, to ensure high standards of conduct in the way they undertake their duties. The Audit, Governance and Standards Committee trains and advises them on the Code of Conduct.  The Code and procedures for dealing with complaints that there has been a breach of the Code also apply to Parish Councillors.

 

1.4.     How Decisions are Made

Decisions relating to certain functions must be taken by the full Council and cannot be delegated; these are listed in Part 2.  The Council delegates most of the decision-making to a range of Committees and Sub-Committees as follows:-


 

 

Committees and Sub-Committees of the Council are required to be constituted to reflect the political representation on the Council, in accordance with principles contained in the Local Government and Housing Act 1989. Seats on Committees are therefore allocated between political groups in the same proportion as the groups are represented on the Council and this is known as 'political balance'. Political Group Leaders are responsible for nominating Councillors from their Groups to the seats allocated.

The Council's calendar of meetings can be accessed here:  
http://services.maidstone.gov.uk/meetings/mgCalendarMonthView.aspx?GL=1&bcr=1    Meetings will generally be open to the public to attend except where 'exempt' or confidential matters are being discussed (see the Access to Information Procedure Rules in Part Three for what amounts to 'exempt' and confidential information).

Public notice is given of the time and place of all meetings, usually five clear working days in advance, with details of the items on the agenda. These are posted on the Council's website unless the details of the reports are not for publication (because they contain "exempt" or confidential information) and may be accessed here: http://www.maidstone.gov.uk/council/meetings,-minutes-and-agendas

 

Officers of the Council may also take decisions (see the staff structure below at 1.11). Some services are delivered jointly with other Councils in shared services arrangements (see 1.12 below and Part Two for details of how different functions are exercised).



1.5.     Rights of Members of the Public

People have a number of rights in their dealings with the Council. These are set out in more detail below. Some of these are legal rights, whilst others depend on the Council’s own processes. Where members of the public use specific Council services, they have additional rights which are not covered in this Constitution. People have the right to:

 

·         Vote at elections if they are registered;

 

·         Stand for election as a Councillor, subject to eligibility;

 

·         Contact their local Councillor about any matters of concern to them;

 

·         Obtain a copy of the Constitution which is also available on Council's website http://www.maidstone.gov.uk/__data/assets/pdf_file/0007/9538/Constitution-24-November-2014.pdf  ;

 

·         Petition the Council about an issue of concern or arrange a deputation to make views known at a Council meeting - for more information on petitions (including the need for a minimum of 100 signatures) and deputations contact the Democratic Services Team on committeeservices@maidstone.gov.uk or on tel: 01622 602000;

 

·         Petition to request a referendum on a mayoral form of executive governance contact the Democratic Services Team on committeeservices@maidstone.gov.uk or on tel: 01622 602000;

 

·         Find out, in advance what decisions are to be taken by the Council, Committees or Sub-Committees, and when;

 

·         Attend meetings of the Council and its Committees except where, for example, confidential or 'exempt' matters are being discussed (see the Access to Information Rules in Part Three) in which case the meeting will go into private session (also known as "Part II");

 

·         Participate in Council meetings through asking questions and speaking if permitted at the invitation and discretion of the Chairman;

 

·         Film or otherwise record and transmit proceedings of public meetings, with due regard to the rights of others and provided it does not create a nuisance or annoyance to anyone present;

 

·         See reports and background papers, and any records of decisions made by the Council, Committees and Sub-Committees unless confidential or 'exempt' information would be disclosed;

 

·         Access information under the Council's publication scheme, a link to which can be found here http://www.maidstone.gov.uk/council/freedom-of-information/requesting-information and by making requests pursuant to the Freedom of Information Act, the Environmental Information Regulations, or by making a data subject request under the Data Protection Act;

 

·         Complain to the Council about the provision of any of its services – equally to compliment the Council. A copy of the Council’s 'Comment Compliment or Complaint' form can be found here https://maidstone.firmstep.com/default.aspx/RenderForm/?F.Name=qcMTePWXMvg&HideToolbar=1  or from the Council's offices;

 

·         Complain to the Local Government Ombudsman if it is felt that the Council has not followed its procedures properly. However, this should only be done after using the Council’s own complaints process;

 

·         Complain to the Council’s Monitoring Officer if it is felt that a Councillor has not followed the Councillor’s Code of Conduct; and complain to a Head of Service or Director if an Officer has not followed the Officers' Code of Conduct (both Codes may be found in Part Four of this Constitution); and

 

·         Inspect the Council’s accounts and question any expenditure as well as making your views known to the external auditor, currently Grant Thornton LLP, about whether what has been spent is lawful.

 

The local Citizens’ Advice Bureau can advise on individuals’ legal rights.  Contact www.maidstonecab.org.uk or visit 2 Bower Terrace, Tonbridge Road, Maidstone, ME16 8RY.

 

The Council welcomes public participation in its work. For further information on your rights, or if you would like to inspect agendas and reports or attend any Council or Committee meetings please contact the Democratic Services Team at committeeservices@maidstone.gov.uk

 

Responsibilities of Members of the Public

 

Members of the public must not be violent, abusive or threatening to Councillors or Officers and must not wilfully or recklessly harm things owned by the Council, Councillors or Officers. The Council has adopted a policy for dealing with persistent and unreasonable complainants, a link to which can be found here: http://www.maidstone.gov.uk/__data/assets/pdf_file/0020/26192/1301_UnreasonableandUnreasonablyPersistentComplainantsPolicyV1.pdf



1.6.     The Leader of the Council

The Council’s Procedure Rules provide for the election of a Leader which will normally happen at the Council’s Annual Meeting.

 

As the Council operates a committee style of governance the Leader has no formal powers or duties vested in him/her. The Council’s Leader is the Council’s political and elected head, the focus for political direction and the chief spokesperson for the Borough as well as an ambassador for the Council (although this is different from the civic and ceremonial duties of the Mayor – see below).  The Leader will be the Chairman of the Policy & Resources Committee. 

 

The Leader is normally elected each year at Annual Council for a term of one year until next Annual Council, unless the Council removes the Leader or s/he resigns from that office, or as a Councillor.

 

The Council’s Procedure Rules provide for the appointment of a Deputy Leader which will normally happen at the Council’s Annual Meeting. The Deputy Leader will exercise the duties of the Leader in his/her absence (but not as Chairman of Policy and Resources Committee unless s/he serves on that Committee and is appointed as Vice-Chairman).




 

 

1.7.     The Role of the Mayor

The Mayor is the first citizen of the Borough and the official representative of the Crown, taking precedence over others except for Royalty or the Queens representative, the Lord Lieutenant (and Deputy Lieutenant).   

 

The Council Meeting is chaired by the Mayor, or in his/her absence, the Deputy Mayor. The Mayor is elected and the Deputy Mayor is appointed annually by the Council.

 

The Mayor, and in his/her absence, the Deputy Mayor, has the following responsibilities:-

 

·         to promote and uphold the purposes of the constitution and to interpret it where necessary;

 

·         to preside over meetings of the Council;

 

·         to promote the Borough and act as an ambassador for Maidstone; and

 

·         to attend civic and ceremonial functions on behalf of the Council with preference being given to local organisations and to events within the Borough.

 

If the Mayor stands up in a debate in the Council meeting then everyone else is required to sit down and listen to the Mayor.



1.8.     All Councillors

Some Councillors have additional responsibilities arising from being the Leader or Deputy Leader of the Council, the Leader of a Political Group, the Mayor or Deputy Mayor or the Chairman or Vice Chairman of a Committee.

 

Councillors are entitled to allowances and expenses, as set out in Part Five, that have been determined by the Council after considering a report by an Independent Remuneration Panel (involving people who are not Councillors).

 

All Councillors will:

 

·         collectively be the ultimate policy makers;

·         represent their communities and bring their views into the Council’s decision making process;

·         deal with individual casework and act as an advocate for constituents in resolving particular concern;

·         balance different interests and represent the Council as a whole;

·         be involved in decision making;

·         be available to represent the Council on other bodies; and

·         maintain high standards of probity, conduct and ethics in line with the Seven Principles of Public Life adopted by the Parliamentary Committee on Standards in Public Life, set out at the end of the Councillors' Code of Conduct of Part 4.1 of this Constitution.

 

Details of Maidstone Councillors can be accessed http://services.maidstone.gov.uk/meetings/mgMemberIndex.aspx?bcr=1 and may be searched alphabetically, on a ward or political party basis.



1.9.     Meetings of the Council

There are three types of Council meeting:-

 

(a) The Annual Meeting.

 

(b) Ordinary meetings.

 

(c) Extraordinary meetings.

 

Meetings are conducted in accordance with the Council Procedure Rules in Part Three of the Constitution. Certain business needs to be considered but the Council may also operate flexibly to allow greater interaction with the public, either on a planned basis (through the agenda for the meeting) or an ad-hoc basis as the Mayor, being Chairman of the meeting, determines.



1.10.  Committees

The Committee system consists of a number of service based committees taking decisions under their terms of reference agreed by the full Council and set out in Part Two. Individual Councillors do not have the power to make decisions.

 

The main Service Committees are:

 

·         Policy and Resources Committee

 

Considers the Council’s budget and strategic plan, economic development and corporate matters such as risk management.

 

·         Strategic Planning, Sustainability and Transport Committee

 

Considers the Local Plan, development management policies and transport matters including parking and park and ride.

 

·         Communities, Housing and Environment Committee

 

Develops the housing strategy, waste and recycling strategy responsible for community development.  Acts as the Council's Crime and Disorder Committee, where any Councillor may place crime and disorder matters on the agenda for the meeting (through what is known as the "Councillor Call for Action").

 

·         Heritage, Culture and Leisure Committee

 

Considers matters regarding the Council's parks and open spaces, events, the leisure offer and culture and heritage services.

 

In addition to formulating and reviewing relevant policies and strategies the Committees will undertake high level performance monitoring and review to evaluate whether the expected outcomes are being achieved in accordance with the Council's Strategic Plan.

 

In addition there are Committees that deal with Licensing; Planning; Audit, Governance and Standards; Democracy; Urgent Matters; Employment and other regulatory matters.

 

The Chairman of a Committee has the following powers and duties:-

 

·         Responsibility for the proper conduct of meetings;

·         A power to exercise a second (casting) vote in the event of an equality of votes on any matter;

·         A duty to sign the minutes of the previous meeting;

·         A power to agree to the addition of a late item of business to the agenda if s/he believes that it needs to be considered as a matter of urgency;

·         To respond to questions or comments raised by Councillors at the Council meeting relating to decisions of the Committee; and

·         To respond to questions raised by members of the public at Council and Committee meetings.

1.11.  The Council’s Staff

The Council employs officers to give advice, implement decisions and manage the day to day planning and delivery of the wide range of functions undertaken for the Council on a non-party political basis. Some officers have a specific duty to ensure that the Council acts within the law and to use its resources wisely. A protocol in Part Four governs the relationships between Officers and Councillors.

 

The Council's most senior officers are set out below with details of their responsibilities:






Post

Functions and areas of responsibility

 

Chief Executive (Head of Paid Service)

 

The Chief Executive's role includes:

  • Being chief policy advisor to the Council;
  • Having overall corporate management and operational responsibility;
  • Managing the Council's electoral and democratic processes, including record keeping;
  • Providing professional advice to all parties in the decision making process;
  • Representing the Council on partnerships and external bodies;
  • Communications;
  • Planning and Development.

 

Director of Environment and Shared Services

Client for Shared Services; Environment and Public Realm.

Director of Regeneration and Communities

Finance and Resources; Housing and Community Services; Commercial and Economic Development.


In addition the Council is required to appoint three statutory officers whose roles are set out below:

Post and Designation

Role and Responsibilities

Head of Paid Service

 

Chief Executive

 

(May not be the Monitoring Officer but may hold the post of the Chief Finance Officer if a qualified accountant.)

 

 

Responsible for effective corporate management.

 

May report to full Council on the manner in which the discharge of the Council’s functions is co-ordinated, the number and grades of officers required and the organisation of officers.

 

 

Monitoring Officer

 

Head of Legal Partnership

 

 

Maintaining the Constitution.

The Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that it is widely available for consultation by Councillors, staff and the public.

 

Ensuring Lawful and Fair Decision Making. After consulting with the Head of Paid Service, the Monitoring Officer will report to the full Council if s/he considers that any proposal, decision or omission would give rise to unlawfulness or maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

 

Promoting High Ethical Standards

The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of guidance and support to the Audit, Governance and Standards Committee.

 

Complaints of Misconduct. The Monitoring Officer shall receive complaints relating to alleged breaches of the Councillors' Code of Conduct and shall process complaints in accordance with the adopted procedure for dealing with complaints, set out in Part Four of this Constitution.

 

Dispensations.  The Monitoring Officer is the Proper Officer for the purposes of receiving declarations of Councillors' interests, maintaining the register of interests and determining applications for Dispensations to allow Councillors to vote where they may have a conflict of interest pursuant to Section 33(1) of the Localism Act 2011.

 

Chief Finance Officer

 

Director of Regeneration and Communities

 

Administration of Financial Affairs.

The Chief Finance Officer has responsibility for the proper administration of the Council's financial affairs.

 

Ensuring Lawfulness and Financial Prudence of Decision Making.

After consulting with the Head of Paid Service and Monitoring Officer, the Chief Finance Officer will report to the full Council and the Council’s external auditor if s/he considers that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency, or if the Council is about to enter an item of account unlawfully.

 

Providing Advice.

The Chief Finance Officer will provide advice on financial impropriety, financial probity and the budget to all Councillors and will support and advise Councillors and officers in their respective roles, as well as provide financial information to the public.

 

 

Structure. The Head of Paid Service will determine and publicise a description of the overall departmental structure of the Council showing the management structure and deployment of officers. This is set out at Part Six of this Constitution.

 

The Council is required to provide the Monitoring Officer and Chief Finance Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed.

 

The Council approves an annual Pay Policy Statement before the start of the financial year and this includes details of the remuneration of senior officers.  It can be accessed at: http://services.maidstone.gov.uk/meetings/documents/s40233/Enc.%201%20for%20Pay%20Policy%20Statement.pdf

 

Officers will comply with the Officers’ Code of Conduct and the Protocol on Councillor/ Officer Relations set out in Part Four of this Constitution.



1.12.  Shared Services Arrangements

The Council may establish joint services arrangements with other local authorities. Such arrangements may involve the appointment of a Joint Committee with those other local authorities and delegation of functions to the Joint Committee.  Alternatively the Council or Committees may delegate functions to another local authority or to an officer of another local authority. The shared services arrangements in which the Council is involved include:

 

·         Mid Kent Improvement Partnership (MKIP) which has a Joint Board

·         Audit (Ashford, Maidstone, Swale and Tunbridge Wells)

·         Environmental Health (Maidstone, Swale and Tunbridge Wells)

·         Human Resources (Maidstone and Swale)

·         ICT (Maidstone, Swale and Tunbridge Wells)

·         Legal (Maidstone, Swale and Tunbridge Wells)

·         Planning Support (Maidstone, Swale and Tunbridge Wells)

·         Revenues and Benefits (Maidstone and Tunbridge Wells)

·         Licensing (Sevenoaks, Tunbridge Wells and Maidstone)

·         Waste (Maidstone, Ashford, Swale and Kent County Council)

 

Marked in bold are the host (employing) authorities. Revenues and Benefits does not have a host authority, it is simply run on a collaborative basis.

 

Maidstone Borough Council is a member of the Kent Joint Waste Management Committee (a Joint Committee of Councillors from  authorities across Kent), for which the Terms of reference are set out in Part Two; and the Joint Transportation Board with Kent County Council – details of which are also set out in Part Two.

 

Maidstone Borough Council also has a joint Independent Remuneration Panel with Swale Borough Council to advise on the level of Councillor remuneration and make a report and recommendations to the Council pursuant to the Local Authorities (Members' Allowances) (England) Regulations 2003.

 

1.13.  Working with Partners

As well as working with other local authorities the Council works with other public, voluntary and community sector and private partners, to deliver its functions and seek to achieve the Council's priorities.

 

The Council participates in a number of other partnerships, for example West Kent Health and Wellbeing Board (which involves Kent County Council, other Councils and the Clinical Commissioning Groups); the police, probation and health on the Crime and Disorder Partnership; with Zurich Municipal on insurance matters; and with the public and private sectors on The South East Local Enterprise Partnership (LEP).  The LEP is the business-led, public/private body established to drive economic growth across East Sussex, Essex, Kent, Medway, Southend and Thurrock.

 

The Council publishes details of the contracts it proposes to let on the Government's Contracts Finder portal at: https://www.gov.uk/contracts-finder

1.14.  Review and Revision of the Constitution

 

The Monitoring Officer will monitor and review the operation of the Constitution periodically and report to the Democracy Committee as appropriate.  The Monitoring Officer has delegated authority to make changes to the Constitution which are necessitated by decisions taken by the Council; which remove inconsistency or ambiguity; which are minor; or to effect changes in the law.

 

Substantial or significant changes to the Constitution will only be approved by the full Council and this may be on the recommendation of the Democracy Committee or other appropriate Committee. 

         

 

 

         For further information on how the Council operates please go to www.maidstone.gov.uk

or contact the Democratic Services Team at committeeservices@maidstone.gov.uk

or on tel: 01622 602000

 


 

Maidstone Borough Council Constitution

 

Part 2

 

Responsibility for

Functions

 

       


CONTENTS PAGE

 

 

Part 2 Responsibility for Functions 

 

         

1

Functions of Full Council

4-7

2

Committees of the Council        

7

2.1

Policy and Resources Committee

7-10

2.2

Urgency Committee

10

2.3

Strategic Planning Sustainability and Transportation Committee

10-12

2.4

Local Plan Sub-Committee

12

2.5

Communities Housing and Environment Committee

12-14

2.6

Heritage Culture and Leisure Committee

14-16

2.7

Planning Committee

16-19

2.8

Planning Referrals Committee

19

2.9

Licensing Committee

19-21

2.10

Licensing Sub-Committee

21-22

2.11

Employment Committee

22-23

2.12

Audit, Governance and Standards Committee

23-26

2.13

Democracy Committee

26-27

2.14

Joint Independent Remuneration Panel

27-28

2.15

Kent Joint Waste Management Committee

28-30

2.16

Joint Transportation Board

30-31

2.17

 

Cobtree Manor Estate Charity Committee and The Queens Own Royal West Kent Regiment Museum Trust Committee

32

3

Responsibility for Functions Relating to Officers

33

3.1

The Chief Executive

34-36

3.2

Head of Policy and Communications

36

3.3

Head of Planning and Development

26-37

3.4

Director of Regeneration and Communities

37-38

3.5

Head of Commercial and Economic Development

38

3.6

Head of Finance and Resources

39-40

3.7

Head of Housing and Community Services

40-42

3.8

Director of the Environment and Shared Services

42

3.9

Head of Environment and Public Realm

43

3.10

Mid Kent Services

Head of Audit Partnership

44

3.11

Head of Human Resource Shared Services

44

3.12

Head of IT Shared Services

44-45

3.13

Head of Legal Partnership

45-46

3.14

Head of Resources and Benefits Shared Services

46

4

The "Proper Officer" Provisions

47-61

 


12     RESPONSIBILITY FOR FUNCTIONS

 

1.           FUNCTIONS OF FULL COUNCIL

 

This part of the Constitution explains who takes decisions and sets out the responsibilities of the Council, Committees, Sub-Committees and Panels as well as the Scheme of Delegation to Officers.

 

Some functions can only be carried out by the Council. Other functions may be carried out by the Council or may be discharged through Committees or Sub-Committees (except where a function is expressly reserved to the Council for decision).  In addition the Council may delegate decision making to Officers; to Joint Committees/Boards; to other authorities; or officers of other authorities.

 

Appointments to Committees are made at the Annual Council Meeting or, when a vacancy occurs, at the next available meeting of the Council.  Appointments to outside bodies may be made by the Democracy Committee.

 

COUNCIL

 

(1)        All those functions as defined by the Local Authorities (Committee System) (England) Regulations 2012 and other legislation that the Council is unable to delegate including:-

 

·         Adopting a Councillors' Allowance Scheme and amending the same, including the Mayor's and Chairman’s allowances having considered the report of an Independent Remuneration Panel.

 

·         Making a request for single Councillor electoral wards to the Local Government Boundary Commission.

 

·         A resolution to change the Council's scheme for elections.

 

·         Making an order giving effect to the recommendations made in a Community Governance Review and other Parish Council functions that are not otherwise delegated.

 

·         Making or revoking or amending the following policies, plans and strategies:-

 

o   Crime and Disorder Reduction Strategy. 

 

o   Licensing Authority Policy Statement including any Cumulative Impact Policies.

 

o   Local Development Framework - Plans and alterations which together comprise the Development Plan and Development Plan Documents.

 

o   Sustainable Community Strategy.

 

o   Policies made under the Gambling Act (including any resolution relating to casinos).

 

·         Additionally the Council has chosen to make the Strategic Plan part of the policy framework to be agreed by the Council:

 

·         The approval or adoption of a plan or strategy for the control of the local authority’s borrowing, investments or capital expenditure or for determining the authority’s minimum revenue provision including:-

 

o   the Capital Programme.

 

o   Capital Investment Strategy.

 

o   Medium Term Financial Plan.

 

o   Treasury Management Strategy.

 

(2)        Setting the Council’s Budget and Council Tax.

 

(3)        Adopting the Council's Constitution and making significant changes to it, including the rules and procedures.

 

(4)        Electing the Mayor and appointing the Deputy Mayor of the Council.

 

(5)        Appointing (and removing) the Leader of the Council and Deputy Leader.

 

(6)        Agreeing or amending the Committee structure, making significant changes to the terms of reference of Committees and sub-Committees and their size, as well as making appointments to Committees.

 

(7)        Confirming the appointment of Independent Person(s) in connection with Councillor conduct and Statutory Officer discipline.

 

(8)        Confirming the appointment of the Head of Paid Service or dismissal of the Head of Paid Service, Monitoring Officer and Chief Finance Officer.

 

(9)        Appointing the Returning Officer and Electoral Registration Officer.

 

(10)     Making, amending, revoking, re-enacting or adopting bylaws.

 

(11)     Making, varying or revoking, Early Morning Alcohol Restriction Orders (“EMROs”) and introducing/amending Late Night Alcohol Levy charges on establishments between midnight and six in the morning.

 

(12)     Promoting or opposing the making of local legislation (including bylaws) or personal bills.

 

(13)     Considering:-

 

·         Ombudsman reports where there has been a finding of maladministration with injustice and the report has been rejected;

 

·         Statutory officer reports of the Monitoring Officer, Chief Financial Officer and Head of Paid Service; and

 

·         External Auditor's public interest reports.

 

(14)     Conferring the title of Honorary Freeman and Honorary Alderman of the Borough.

 

(15)     Approving the Annual Senior Officer Pay Policy Statement.

 

(16)     Changing the name of the Borough.

 

(17)     Agreeing to submit plans and strategies to the Secretary of State or Minister for approval.

 

(18)     Making recommendations to the Secretary of State on district boundaries, ward boundaries, electoral divisions, ward or polling districts.

 

(19)     Considering reports from Committees, Sub-Committees, or any other body constituted by the Council, where there are items recommended to Council for decision.

 

(20)     Making compulsory purchase orders (other than under planning grounds).

 

(21)     Appointment of representatives to outside bodies, including joint bodies, except where delegated to the Democracy Committee.

 

(22)     Any other function which must, by law, be reserved to the full Council.

 

For the avoidance of doubt, the full Council retains ultimate responsibility for the actions and decisions of all its Committees and also retains the ability to exercise all its powers whether or not they have also been delegated to a Committee Sub-Committee or officer.

 

However the Council shall not exercise a power that has been delegated without first ensuring that such a step is in the best interests of the Council. The Council’s ability to exercise its powers will not generally be used to override or supersede any decision or action already taken by a Committee or Officer acting under delegated authority and therefore before taking any such action the Council needs to be appraised of the current situation regarding implementation of decisions made by others (and the potential consequences of taking an alternative decision).

 

2.           COMMITTEES OF THE COUNCIL

 

Committee Structure and Terms of Reference

 

All Committees may hold enquiries and investigate the available options for future direction in policy development and may appoint advisors and assessors to assist them in this process. They may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things that they reasonably consider necessary to inform their deliberations.

 

Each of the four main service Committees have responsibility for strategic performance management across the range of their functions and shall review whether policies and approaches should be changed and whether desired outcomes are achieved, including on capital projects, within the remit of the Committee.

 

2.1    POLICY AND RESOURCES COMMITTEE

 

Membership: 15 Councillors

 

          Purpose: To make recommendations to the Council on budget and policy matters; to provide strategic direction to the operation of the Council, determining policies in the areas set out below and any cross-cutting policies that impact on other Committee areas; make decisions regarding land and property including acquisition, disposal and appropriation; retain a strategic overview of risk management; be responsible for all policy matters not otherwise allocated to any other Committee and to determine any disputes or differences between Committees.

        

FUNCTIONS

DELEGATION OF FUNCTIONS

To be responsible for the annual budget submission to full Council (including staffing budgets).

 

To be responsible for significant decisions involving more than one service Committee.

 

To approve the Council Tax Base and recommend financial decisions to Council

 

To be responsible for co-ordinating financial management and performance across the Council and take decisions on virement between services; business rates; council tax; and revenue and benefits functions.

 

To make decisions regarding land and property including acquisition (by agreement or compulsorily), disposal, appropriation and development unless delegated to officers or within the remit of another Committee).

 

To be responsible for all policy matters not otherwise allocated to any other Committee and to determine any disputes or differences between Committees.

 

To be responsible for all strategic budget related staffing issues within the Committee’s remit.

 

Strategic Planning and Performance Management – to oversee the development, review and implementation of the Council’s:

 

People strategy and workforce plan;

 

 

 

Medium Term Financial Strategy to include, though not exclusively, Capital Investment Strategy, Council tax support scheme, business rates and income generation;

 

Communication and Engagement Strategy;

 

 

Corporate Improvement Plan;

 

 

Information Management Strategy;

 

 

Risk Management Strategy including Counter Fraud;

 

Commissioning Strategy;

 

 

Asset Management Strategy including assets of community value;

 

 

Council Accommodation Strategy;

 

 

Emergency and Resilience Planning;

 

 

Economic Development Strategy;

 

 

 

Commercialisation Strategy;

 

 

 

Information and communications technology (ICT);

 

Council tax, business services and housing benefits;

 

 

 

Making compulsory purchase orders on planning grounds and/or recommending to Council the making of compulsory purchase orders.

 

N/A

 

 

 

N/A

 

 

N/A

 

 

N/A

 

 

 

 

 

Head of Finance and Resources up to £100k

 

 

 

 

N/A

 

 

 

 

N/A

 

 

 

 

 

 

 

Head of Human Resources Shared Service

 

Head of Finance & Resources

 

 

 

Head of Policy and Communications

 

Head of Policy and Communications

 

Head of Policy and Communications

 

Chief Executive/Head of Audit Partnership

 

Head of Finance and Resources

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

Director of Environment and Shared Services

 

Head of Commercial and Economic

Development

 

Head of Commercial and Economic Development

 

Head of IT Shared Services

 

Head of Finance &Resources and Head of Revenues and Benefits Shared Services

 

Head of Finance  and Resources

 

          ROLE OF THE CHAIRMAN OF POLICY AND RESOURCES

 

·         Be a figurehead for the Council

 

·         Provide strong, clear leadership in the co-ordination of policies and in building a political consensus around council policies

 

·         Take the lead within this Committee and with the other chairmen, of working with others in building a vision for the Council and community and for overall co-ordination of all Committees work in this respect

 

·         Represent the Council and its interests on regional and national bodies as appropriate including the Kent Council Leaders and the Kent Health and Wellbeing Board

 

·         To be responsible for the Council’s role in partnerships including leading the Council’s contribution to the Mid Kent Improvement Partnership and supporting partnerships and organisations in the private, public and voluntary sectors

 

·         To act as Ambassador for the Council and its activities amongst external advisory and interest groups not falling within the responsibility of the other Committees

 

·         To act as an advocate for the Council in pressing for changes in national policy

 

·         Act as Councillor Health & Safety at Work Champion and attend Health and Safety meetings

 

·         To foster close links with the business community and develop partnerships to achieve outcomes identified in the Economic Development and Regeneration Strategy

 

·         To foster close links and develop partnerships with skills and education providers to achieve outcomes identified in the Economic Development Strategy

 

·         To take responsibility for relationships with funders including KCC and the Heritage Lottery fund, service delivery partners including the Chamber of Commerce, Federation of small businesses, Locate in Kent, education and skills providers, voluntary and community groups.

 

2.2    URGENCY COMMITTEE

 

Membership: Leaders of the five largest Groups represented on the Council. Quorum 3.

 

Purpose: To take any urgent Policy and Resources Committee or Council decisions (that may be delegated by the Council, where above the level of delegation to Officers) in between scheduled meetings and where the decision needs to be taken before the next meeting in order to protect the Council's interests.

 

FUNCTIONS

DELEGATION OF FUNCTIONS

All decision-making where in the opinion of the Chief Executive (having consulted the Chief Finance Officer and the Monitoring Officer) the Council's interests require that Councillors take a decision urgently; including virement decisions and decisions to expend money from contingencies and balances that are not otherwise delegated.

 

Any decision that may be made by Council or the Policy and Resources Committee in between scheduled ordinary meetings may be further sub-delegated as considered appropriate.

 

2.3    STRATEGIC PLANNING, SUSTAINABILITY AND TRANSPORTATION COMMITTEE

 

          Membership: 9 Councillors

 

          Purpose: To be responsible for planning, sustainability, district highways and car parking functions and transportation.

        

FUNCTIONS

DELEGATION OF FUNCTIONS

To take the lead in ensuring that the Council delivers its strategic objectives for planning, sustainability and transportation

 

To pass a resolution that Schedule 2 to the Noise and Nuisance Act 1993 should apply in the authority’s area

 

To submit to Policy and Resources (P&R) Committee all revenue estimates and capital programmes within the remit of the Committee with a view to P&R determining the budget for submission to Council

 

To be responsible for all strategic budget related staffing matters within the Committee’s remit

 

Strategic Planning and Performance Management — to oversee the development, review and implementation of the Council’s:

 

Spatial Planning Strategy including the Local Plan and other Spatial Planning documents (such as the Blue and Green infrastructure Plan and Landscape Character Assessment)  including Development Plan documents, Development Management policies and Development briefs (subject to approval by Council)

 

Development Management, Enforcement, Community Infrastructure levy (CIL) and Infrastructure Delivery Plan (IDP)

 

Car Parking Plans and Strategy

 

 

Air Quality Management Strategy, smoke free premises and control of pollution.

 

Integrated Transport Strategy, park and ride and district highways functioning

 

N/A

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Head of Planning and Development

 

 

 

 

 

 

 

Head of Planning and Development

 

 

Director of Environment and Shared Services

 

Director of Environment and Shared Services

 

Director of Environment and Shared Services

 

 

 

ROLE OF THE CHAIRMAN OF STRATEGIC PLANNING, SUSTAINABILITY AND TRANSPORT

 

·         Working with others in building a vision for the Council and Community

 

·         To represent the Council on all partnerships relevant to the Committee

 

·         To take the lead role in this Committee of fostering close links with key stakeholders including Parish Councils, the Developers Forum, English Heritage and transport interest groups such as Quality Bus Partnership, Transport Users Group, Rail Stakeholders Group

 

·         To take the lead role within this Committee for responsibility for relationships with funders including Kent County Council and The Highways Agency

 

·         To chair the Joint Transportation Board with Kent County Council in alternate years and be Vice Chairman in others.

 

2.4  LOCAL PLAN SUB COMMITTEE

 

Membership: 5 Councillors

 

Responsible for Spatial Planning Strategy including the local plan and other Spatial Planning documents including Development Plan documents, Development Management policies and Development briefs (subject to approval by Council and the Strategic Planning, Sustainability and Transportation Committee).

 

2.5    COMMUNITIES, HOUSING AND ENVIRONMENT

         

          Membership: 9 Councillors

 

         Purpose: To take the lead within the Council for ensuring that the Council delivers its strategic objectives with regard to Communities, Housing and the Environment; to ensure inclusive and productive community engagement, Public Health, licensing, housing, other community services and to be the Council’s Crime and Disorder Committee.

 

          FUNCTIONS

DELEGATION OF FUNCTIONS

To take the lead within the Council for ensuring that the Council delivers its strategic objectives with regard to Communities, Housing Public Health and the Environment

 

To take the lead within the Council in ensuring that the Council achieves inclusiveness and productive community engagement

 

To act as the Council’s Crime and Disorder Committee under section 19 Police and Justice Act 2006 and to meet at least once per annum in this capacity.

 

To submit to Policy and Resources (P&R) Committee all revenue estimates and capital programmes within the remit of the Committee with a view to P&R determining the budget for submission to Council

 

To be responsible for all strategic budget related staffing matters within this Committee’s remit

 

Strategic Planning and Performance Management — to oversee the development, review and implementation of the Council’s:

 

Housing Strategy

 

 

Community Development Strategy

 

 

Climate Change Framework

 

 

Parish Charter, Parishes and Community Governance

 

 

 

Crime and Disorder Reduction Strategy (and recommend changes to full Council); and Community Safety Strategy to include CCTV

 

Compact with Voluntary and Community Sector

7

 

Public Health, Healthy Living and Health Inequalities Strategy

 

Waste Management, Waste minimisation and Recycling Strategy

 

Private Water Management

 

 

 

 

District flood risk management functions

 

Licensing Strategy and Policies (including making recommendations to Council)

 

Public Conveniences

 

 

Street Scene and Environmental Strategy (to include Clean Neighbourhood Enforcement, monitoring.

 

 

Enforcement of Air Quality Policies)

 

 

Renewable Energy Strategy

 

 

Contaminated Land Strategy

 

Community Safety in consultation with the Safer Maidstone Partnership; reviewing the exercise of crime and disorder functions by responsible authorities (Police and Crime Commissioner, Chief Constable, probation, health etc) and to make reports and recommendations with regard to the discharge of those functions – NB any Councillor may refer such a matter to this Committee.

N/A

 

 

 

 

N/A

 

 

 

N/A

 

 

 

 

N/A

 

 

 

 

 

N/A

 

 

 

 

 

 

 

Head of Housing and Community Services

 

Head of Housing and Community Services

 

Head of Housing and Community Services

 

Head of Housing and Community Services

 

 

Head of Housing and Community Services

 

 

Head of Housing and Community Services

 

Head of Housing and Community Services

 

Head of Environment and Public Realm

 

Head of Housing and Community Services

Director of Environment and Shared Services

 

Head of Housing & Community Services

 

Head of Environment and Public Realm

 

Director of Environment and Shared Services/Head of Environment & Public Realm

Head of Housing and Community Services

 

Director Environment & Shared Services

 

Environmental Health

 

Head of Housing and Community Services

 

 

 

 

 

ROLE OF THE CHAIRMAN OF COMMUNITIES, HOUSING AND ENVIRONMENT COMMITTEE

 

·         Taking the lead within this Committee of working with others in building a vision for the Council and community

 

·         To take the lead within this Committee for external relationships with properly constituted Tenants and Resident’s Groups and Parish Councils including the Parish Services Scheme

 

·         To take the lead within this Committee for all aspects of community engagement

 

·         To work with groups such as the Older Person’s Forum and the Voluntary Sector including organisations such as the Citizens Advice Bureau, Voluntary Action Maidstone, Maidstone Mediation and other important community organisations

 

·         To represent the Council on all relevant partnerships including the Kent Waste Partnership, the Kent Community Safety Partnership and the Kent Health Overview & Scrutiny Committee. (Health scrutiny shall be undertaken in accordance with the agreed Kent Protocols for NHS Overview and Scrutiny from time to time.)

 

·         To take the lead on this Committee for ensuring good relationships with funders including Kent County Council and Waste & Resources Action Programme (WRAP), service delivery partners including contractors, voluntary sector and community groups.

 

2.6    HERITAGE CULTURE AND LEISURE COMMITTEE

 

          Membership: 9 Councillors

 

          Purpose: To promote Maidstone as a decent place to live by providing opportunities for engagement in cultural and leisure pursuits, developing a sense of place and ensuring that everyone, no matter who they are, or where they live, has access to quality open space, sports and leisure facilities


 

        

FUNCTIONS

DELEGATION OF FUNCTIONS

To take the lead within the Council for ensuring that the Council delivers its strategic objectives with respect to Maidstone as a decent place to live by providing opportunities for engagement in cultural and leisure pursuits, developing a sense of place and ensuring that everyone, no matter who they are, or where they live, has access to quality open space, sports and leisure facilities

 

To take the lead in ensuring that Maidstone’s Heritage and Culture together with its leisure facilities play a key role in regeneration and in improving and sustaining the Borough’s economic development and health and wellbeing

 

To submit to Policy and Resources Committee all revenue estimates and capital programmes within the remit of the Committee with a view to P&R Committee determining the budget for submission to Council

 

To be responsible for all strategic budget related staffing matters within the Committee’s remit

 

Strategic Planning and Performance Management — to oversee the development, review and implementation of the Council’s:

 

Sports and Leisure Strategy

 

 

 

Parks and Open Spaces strategy including allotments

 

 

Events Strategy including Theatres, events and festivals

 

Destination Management Strategy; and

Visitor Economy Strategy including the Hazlitt Arts Centre, Maidstone Museum, Tourism, the Kent Conference Bureau and Maidstone Market

 

N/A

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

N/A

 

 

 

 

 

N/A

 

 

 

 

 

 

 

Head of Commercial and Economic Development

 

Head of Commercial and Economic Development

 

Head of Commercial and Economic Development

 

Head of Commercial and Economic Development

 

 

 

ROLE OF THE CHAIRMAN OF HERITAGE, CULTURE AND LEISURE COMMITTEE

 

·         To take the lead on this Committee on working with others in building a vision for the Council and community

 

·         To represent the Council on all relevant partnerships to include Town Team, Town Centre Management (TCM) in its role producing events and Maidstone Area Arts Partnership (MAAP)

 

·         To take the lead within this Committee for relationships with funders, service delivery partners including voluntary and community groups and Trusts including Maidstone Leisure Trust, Cobtree Manor Estate Trust and the Museum Trust.

 

 

2.7    PLANNING COMMITTEE

 

          Membership: 13 Councillors

 

          Purpose: To determine town and country planning and development control matters and associated issues

 

          (NB - Councillors and substitute members of Licensing Committee cannot be members of Planning Committee.)

 

FUNCTIONS

DELEGATION OF FUNCTIONS

Planning and Conservation - Functions relating to town and country planning and development control as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations [2001/2015] (the Functions Regulations) as amended from time to time including:

 

  • Development Management and Enforcement

 

  • Rights of way

 

  • The protection of important hedgerows

 

  • The preservation of trees

 

 

  • Functions relating to public rights of way

 

  • Functions relating to High Hedges contained in Part 8 of the Anti-Social Behaviour Act 2003

 

  • Town and village green matters

 

  • Commons registration and enforcement

 

The Chief Executive/Head of Planning and Development has delegated power to undertake all the functions relating to planning and conservation, except where the intended delegated decision on a planning or related application:

(a) would be contrary to the written views of the Ward Councillor or a political group spokesperson of the Planning Committee and the Councillor has requested Committee consideration. The request by a Ward Councillor or a political group spokesperson for the application to be heard by Planning Committee must be made within a period of 21 days of receipt of a weekly list advising them of the application.  Additionally, if a Councillor requests that an application is determined by Committee, that Councillor should attend the Committee to address the planning issues they have raised.

(b) would be contrary to the written view of any Parish Council and the Parish Council has requested that the application is determined by the Planning Committee.

(c) would be contrary to the written view of any statutory consultee in the planning process; or

(d)would be contrary to the provisions of the Development Plan or any emerging development plan policies that have been adopted by the Council for Development Control purposes.

(e) is made by:

a Councillor; an Officer; or the Council itself.

 

The Head of Planning and Development has delegated power to:-

 

  • undertake all functions relating to planning and enforcement;

 

  • determine high hedges complaints and to take appropriate enforcement action, except in the following specific circumstances;-

 

-      Where the case relates to a hedge on Council land or complaints relate to Council Officers or Councillors;

 

-      Where trees within a hedge are protected by a Tree Preservation Order or are located within a Conservation Area and the Officer decision would be contrary to the views of Ward Members or the Parish Council; and

 

-      Exceptional cases where there are wider issues of a public nature or where there is a potential impact on the Council and/or its policies.

 

 

 

2.8    PLANNING REFERRALS COMMITTEE

 

          Membership: 3 Councillors

          (one from each of the largest 3 political groups) (excluding Councillors and Substitute Members of the Planning Committee)

 

          Purpose: To determine planning applications referred to it by the Head of Planning and Development if s/he is of the opinion that the decision of the Planning Committee is likely to have significant cost implications.

         

FUNCTIONS

DELEGATION OF FUNCTIONS

To determine planning applications referred to it by the Head of Planning and Development if s/he is of the opinion that the decision of the Planning Committee is likely to have significant cost implications.

N/A

 

 

 

2.9    LICENSING COMMITTEE

 

         Membership: 12 Councillors

 

          Purpose: To exercise licensing and gambling functions on behalf of the Council

 

          (NB Councillors and substitute members of Planning Committee cannot be members of Licensing Committee.)

 

FUNCTIONS

DELEGATION OF FUNCTIONS

Licensing – Functions relating to licensing as set out in Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations [2001/2015]

 

To deal with Licensing functions in accordance with the Licensing Act 2003 and the Licensing Policies agreed by the Council.

 

 

Consideration of appeals against any decision on a licence or consent shall be determined by a Sub-Committee of 3 Councillors.

 

Counter notice to temporary use notices will be dealt with by a Sub-Committee of 3 Councillors.

 

A Sub-Committee of 3 Councillors shall deal with matters set out in the table below.

 

To deal with Gambling functions in accordance with the Gambling Act 2005 and the Statement of Principles agreed by the Council.

 

Consider and recommend Communities Housing and Environment Committee or to Council adopting a new Licensing Policy Statement, any Cumulative Impact Policies for the Borough decisions, Late Night Alcohol Levy and to make, vary or revoke Early Morning Alcohol Restriction Orders.

 

All non-Licensing Act 2003 and Gambling Act 2005 functions delegated to the Director of Regeneration and Communities/Head of Housing and Community Services except the determination of policy, setting the level of fees and chargeswhich are the responsibility of the Licensing Committee.

 

All matters where a “Relevant Representation”, (including an objection, objection notice or application for summary review) (Licensing) or a “Relevant Representation”, (including an objection) (Gambling) has been made; cancellation of club gaming/ club machine permits.

 

All other licensing and gambling matters will be dealt with by the Head of Housing and Community Services, except for Responsible Authority functions which will be dealt with by the Director of Regeneration and Communities.

(save where prohibited by legislation or otherwise delegated).



 

 

2.10  LICENSING SUB COMMITTEE

 

          Membership: 3 Councillors from Licensing Committee

 

          Purpose: To make decisions about individual licensing matters and appeals where not otherwise delegated to the Head of Housing and Community Services.

 

 

 

Note: The scheme of delegation will normally be adhered to but may be varied in exceptional circumstances and having regard to any relevant statutory requirements.

 

 

2.11  EMPLOYMENT COMMITTEE

 

         Membership: 12 Councillors (to include the Group Leaders of the five largest groups)

 

          Purpose: To deal with employment and staffing matters unless otherwise delegated

 

FUNCTIONS

DELEGATION OF FUNCTIONS

a)   To consider the applications received for the posts of Chief Executive and Directors and to compile a short list for interview and subsequently to interview and make appointments (in the case of the Chief Executive any appointment is subject to confirmation by the full Council).

 

b)   To review annually the performance of the Chief Executive and Directors, to agree targets for the coming financial year, and agree any corrective action which may be required relating to the previous financial year.

 

c)   Power to determine terms and conditions on which staff hold office (including procedures for re-organisations and for their severance and dismissal) and all other matters concerning terms and conditions of service.

 

d)   To act as an investigatory Committee in disciplinary matters for protected officers

 

e)      To act as a hearings panel as appropriate except any decision to dismiss the Head of Paid Service, Chief Finance Officer or Monitoring Officer which must be approved by Council.

 

f)    To hear and determine appeals against decisions taken by the Chief Executive under the disciplinary or capability procedures or to hear grievances raised against the Chief Executive under the grievance procedure.

 

g)   Pensions and superannuation matters related to terms and conditions

 

Joint Consultative Committee

A consultative forum for views to be expressed between both parties on the Committee regarding the following issues relating to the employment of staff by the Council but excluding individual cases:

-      Health and Safety Issues at Works

-      Changes in Staff Structures

-      Terms of Conditions of

Employment

Such views are referred to the appropriate Council Decision Making Body.

Panel, as required from time to time

 

 

 

 

 

 

Panel comprising 5 Councillors (to include the Group Leaders of the 5 largest parties)

 

 

 

Head of Human Resources Shared Service

 

 

 

 

Panel comprising 3 Councillors .

 

For the three statutory protected officers Panel of 3 plus up to two Independent Persons

 

 

 

Sub Committee comprising 3 Councillors

 

 

 

Head of Human Resources Shared Service

 

 

An advisory sub-Committee comprising 4 Members of the Authority and 4 Trade Union Representatives (3 representatives from UNISON, 1 representative from UNITE)

 

2.12  AUDIT, GOVERNANCE AND STANDARDS COMMITTEE

 

          Membership: 9 Councillors

         (plus 2 non-voting Parish Councillors for the Standards Hearings Sub-Committee, for Parish Council matters; and the Council's Independent Person(s) also to be invited).

 

         

          Purpose: The promotion and maintenance of high standards of Councillor and Officer conduct within the Council; adoption and reviewing the Council's Annual Governance Statement; independent assurance of the adequacy of the financial and risk management framework and the associated control environment, independent review of the authority’s financial and non-financial performance to the extent that it affects the authority’s exposure to risk and weakens the control environment, and to oversee the financial reporting process, including:

 

FUNCTIONS

DELEGATION OF FUNCTIONS

To consider the Head of Internal Audit Partnership’s annual report and opinion, and a summary of Internal Audit activity (actual and proposed) and the level of assurance it can give over the Council’s corporate governance arrangements.

 

Report may go to Policy and Resources with a reference from this Committee to ensure that the Council satisfactorily addresses all of the issues.

To consider reports dealing with the management and performance of Internal Audit Services, including consideration and endorsement of the Strategic Internal Audit Plan and any report on agreed recommendations not implemented within a reasonable timescale; and the Internal Audit Charter?

 

As above.

To consider the External Auditor’s Annual Audit Letter, relevant reports, and any other report or recommendation to those charged with governance; and ensure that the Council has satisfactorily addressed all issues raised.

To comment on the scope and depth of external audit work and to ensure it gives value for money.

 

As above.

To review and approve the annual statement of accounts.  Specifically to consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Policy and Resources Committee or Council.

The summary balance sheet will be reported to Policy and Resources Committee as part of its Budgetary Control/Budget Strategy arrangements. 

Consider and review the effectiveness of the Treasury Management Strategy, Investment Strategy, Medium Term Financial Strategy, Annual Report and Mid-Year review and make recommendations to the Policy and Resources Committee and Council.

 

Recommend and monitor the effectiveness of the Council's Counter-Fraud and Corruption Strategy.

 

Policy and Resources Committee to approve

 

Head of Audit Partnership to monitor effectiveness

 

          Governance

To maintain a financial overview of the operation of Council’s Constitution in respect of contract procedure rules, financial regulations and codes of conduct and behaviour.

The Monitoring Officer will deal with the detail of any proposed minor changes, but significant recommendations for change will be made to the Democracy Committee (then Council)

 

In conjunction with Policy and Resources Committee to monitor the effective development and operation of risk management and corporate governance in the Council to ensure that strategically the risk management and corporate governance arrangements protect the Council.

Head of Audit Partnership/ Head of Finance and Resources

 

 

To monitor Council policies on ‘Raising Concerns at Work’ (Whistleblowing') and the ‘Anti-fraud and corruption’ strategy.

 

Head of Audit Partnership

To oversee the production of the authority’s Annual Governance Statement and to agree its adoption.

Head of Finance & Resources Monitoring Officer/Head of Audit Partnership

 

The Council’s arrangements for corporate governance and agreeing necessary actions to ensure compliance with best practice and high standards of ethics and probity.

This Committee will receive the annual review of the Local Code of Corporate Governance and may make recommendations to Policy and Resources Committee for proposed amendments, as necessary.

 

Director of Regeneration and Communities/Monitoring Officer

To consider whether safeguards are in place to secure the Council’s compliance with its own and other published standards and controls.

 

Directors and Heads of Service

 

          Standards

FUNCTIONS

DELEGATION OF FUNCTIONS

(a)     The promotion and maintenance of high standards of conduct within the Council.

 

(b)     To advise the Council on the adoption or revision of its Codes of Conduct.

 

(c)      To monitor and advise the Council about the operation of its Codes of Conduct in the light of best practice, and changes in the law, including in relation to gifts and hospitality and the declaration of interests.

 

(d)     Assistance to Councillors, Parish Councillors and co-opted members of the authority to observe the Code of Conduct.

 

(e)     To ensure that all Councillors have access to training in Governance, Audit and the Councillor Code of Conduct; that this training is actively promoted; and that Councillors are aware of the standards expected under the Councils Codes and Protocols.

 

(f)      To deal with complaints that Councillors of the Borough Council and Parish Councils may have broken the Councillor Code of Conduct.

 

 

 

(g)     Following a formal investigation and where the Monitoring Officer’s investigation concludes that there has been a breach of the Code of Conduct a hearing into the matter will be undertaken.

 

        See the procedure at 4.2 of this Constitution for dealing with complaints that a Councillor has breached the Code of Conduct.

 

(h)     Advice on the effectiveness of the above procedures and any proposed changes.

 

(i)       Grant of dispensations to Councillors with disclosable pecuniary interests and other significant interests, in accordance with the provisions of the Localism Act 2011.

 

N/A

 

 

N/A

 

 

N/A

 

 

 

 

 

N/A

 

 

 

 

Democracy Committee to oversee Councillor training

 

 

 

 

Monitoring Officer in consultation with an Independent Person, through informal resolution where possible. 

 

Hearings Sub-Committee comprising 3 Councillors (plus 1 non-voting parish representative when a parish councillor is the subject of the complaint).

 

 

 

Democracy Committee and Monitoring Officer

 

 

Monitoring Officer

 

2.13  DEMOCRACY COMMITTEE

 

          Membership: 9 Councillors

 

          Purpose:  To be responsible for Councillor training and development; to determine matters relating to elections, electoral registration; and other democratic services responsibilities and functions, including reviewing this constitution on a regular basis.

          

FUNCTIONS

DELEGATION OF FUNCTIONS

1.     To recommend to the Council the appointment of an Electoral Registration Officer and Returning Officer.

 

2.     To consider any matters relating to electoral registration, elections or electoral boundaries which have not been delegated to the Electoral Registration Officer or Returning Officer.

 

3.     To consider matters relating to the Mayoralty or Councillors generally, where appropriate.

 

4.     To appoint Council nominees to outside bodies and seminars as appropriate.

 

5.     To be responsible for the appointment of independent persons to the Independent Remuneration Panel for Councillors’ Allowances.

 

6.     Consider applications from persons wishing to act as Independent Persons in connection with Councillor and Statutory Officer conduct; and for the Independent Remuneration Panel and make recommendations to Council to appoint such persons.

 

7.     To advise Councillors and the Head of Human Resources Shared Service on Councillor development priorities where appropriate.

 

8.     To regularly review the Constitution in conjunction with the Monitoring Officer and recommend proposed changes, where significant, to the Council.

 

9.     The determination of an appeal against any decision made by or on behalf of the authority where there is a statutory appeals procedure and no other panel or Sub-Committee is appropriate elsewhere under this Part of the Constitution. 

 

 

N/A

 

 

Electoral Registration Officer or Returning Officer.

 

 

 

N/A

 

 

 

N/A

 

 

N/A

 

 

 

 

N/A

 

 

 

 

 

 

Head of Finance and Resources

 

The Monitoring Officer may make changes to the Constitution which are necessitated by decisions which remove inconsistency or ambiguity; which are minor; or to effect changes in the law.

 

Panel of 3 Councillors

 

2.14  JOINT INDEPENDENT REMUNERATION PANEL

 

Membership: Three independent people, one representative each of the following:

 

·         Kent Invicta Chamber of Commerce;

·         South East Employers;

·         Community, selected by the Democracy Committee following a written application process and interview.

 

Purpose: To recommend to Council the level of Councillors' allowances and expenses that should be paid to Councillors on Maidstone Borough Council.

 

In accordance with the requirements of the Local Authorities (Members' Allowances) (England) Regulations 2003, the terms of reference of the Independent Remuneration Panel are to:

 

·                     Make recommendations to the Borough Council as to the amount of basic allowance which should be payable to its elected Councillors, co-optees and Independent Persons;

 

·                     Make recommendations to the Borough Council about the role and responsibilities for which a special responsibility allowance should be payable and the amount of each such allowance.

 

·                     Make recommendations as to whether the authority's allowances scheme should include an allowance in respect of the expenses of arranging for the care of children and dependents and if it does make such a recommendation, the amount of this allowance and the means by which it is determined.

 

·                     Make recommendations as to whether the authority's allowance scheme should include a travelling subsistence allowance and whether Councillors' Allowances should be pensionable.

 

·                     Undertake a general review of the Councillors' Allowance Scheme of the Maidstone Borough Council, and make recommendations to the Council.

 

 

2.15  KENT JOINT WASTE MANAGEMENT COMMITTEE

 

Membership:  comprises the portfolio holders or designated members with responsibility for waste within the 12 Districts and the County.  Each Councillor will be entitled to one vote and will act as the Partner Authority's appointed member.

 

Partner Authorities may each appoint another named person to act as a Deputy for their appointed Kent Joint Waste Management Committee Member.  Where the appointed Committee Member is unable to attend a meeting, their Deputy may attend and speak in their absence and may vote.

 

The purpose of the Joint Waste Management Committee (Objectives) is to:

 

 

·                     ensure the delivery of the Joint Municipal Waste Management Strategy and Vision for Kent.

 

·                     provide a platform for cooperative and joint working to improve or deliver services

 

·                     act as a single voice for strategic waste issues for Kent local authorities and to influence Central Government and other bodies as necessary on key strategic waste issues

 

·                     increase awareness of waste as a resource and to interact with other stakeholders to promote waste minimisation and achieve an economically, environmentally and socially sustainable waste strategy

 

·                     work with and support as required statutory agencies, non governmental organisations (NGO’s), small and medium sized enterprises (SME’s), business, scientific and commercial organisations and other bodies who are in pursuit of developing, supporting and influencing the future direction of sustainable waste/resource management.

 

          The key functions of the Joint Waste Management Committee are to:

 

·                     ensure the implementation, monitoring and review of the approved Joint Municipal Waste Strategy for Kent

 

·                     advise on the future development of the Joint Municipal Waste Strategy for Kent

 

·                     produce the Draft Annual Action Plan, including a budget, for approval by the Partner Authorities

 

·                     take decisions relevant to the implementation and future development of the Joint Waste Management Strategy and the Approved Annual Action Plan

 

·                     authorise any relevant expenditure as outlined in the budget of the Approved Annual Action Plan

 

·                     undertake joint funding applications relevant to the implementation and future development of the Joint Waste Management Strategy and the Approved Annual Action Plan

 

·                     act as a forum for consideration of strategic/operational municipal and other waste management issues in Kent

 

·                     encourage the adoption and sharing of waste management best practices and initiatives

 

·                     co-ordinate baseline evaluation and monitoring of services

 

·                     facilitate constructive partnership working

 

·                     inform and raise awareness of Councillors, officers, and the community with regards to key waste management and resource issues

 

·                     consult and engage key interested bodies and stakeholders

 

·                     influence, advise and lobby government and other agencies, both nationally and internationally, where to do so is consistent with Kent’s Joint Municipal Waste Strategy and the Purpose of the Joint Waste Management Committee

 

·                     carry out such other activities calculated to facilitate, or which are conducive or incidental to the discharge of the Joint Waste Management Committee’s function in implementing the Approved Annual Operating Plan.

 

 

2.16  JOINT TRANSPORTATION BOARD

 

          Membership: 9 Councillors from Maidstone Borough Council; and 9 Councillors from Kent County Council representing divisions in Maidstone Borough area; and a representative of the Parish Councils in the District.

 

          Purpose: Collaboration on the delivery of highways functions where Kent County Council is the Highway authority, in the interests of Maidstone residents.

 

          Term of Reference

 

          The Joint Transportation Board (JTB) will consider:

 

(j)          capital and revenue funded works programmes

 

(ii)     traffic regulation orders

 

(iii)    street management proposals

 

and will provide advice on these matters to the relevant Committee as appropriate.

 

Be a forum for consultation between KCC, Parish Councils and the Council on policies, plans and strategies related to highways, road traffic and public transport.

 

Review the progress and out-turn of works and business performance indicators.

 

Recommend and advise on the prioritisation of bids for future programmes of work.

 

Receive reports on highways and transportation need within the district.

 

The JTB will generally meet four times a year on dates and at times and venues to be specified by the Council in accordance with the normal arrangements in consultation with KCC.

 

The quorum for a meeting shall be four comprising at least two voting members present from each of KCC and the Council.

 

In alternate years a Member of KCC (who is a member of the JTB) will chair the JTB and a Council Member (who is a member of the JTB) will be Vice-Chairman of the JTB and then a Member of the Council will chair the JTB and a KCC Member will be Vice-Chairman of the JTB and so on following on the arrangements which existed in the year before this agreement came into force.

 

The Strategic Planning Sustainability and Transport Committee will be the lead body on behalf of the Council.

 

 

2.17  COUNCIL COMMITTEES AS CORPORATE TRUSTEE FOR CHARITIES

 

3                       Cobtree Manor Estate Charity Committee

 

          Membership: 4 Councillors appointed by the Council as corporate Trustee. Quorum of this Committee is 3

          Terms of Reference

          To be responsible for all matters relating to the Registered Charity Number 283617 known as the Cobtree Manor, and the land known as Cobtree Manor Estate, Sandling, Maidstone, Kent, held by the Council as Trustee under a 999 year lease (with the exception of daily management of the Charity which will be undertaken by the Director of Regeneration and Communities).

 

          The Queen's Own Royal West Kent Regiment Museum Trust Committee

 

          Membership: 4 Councillors appointed by the Council. Quorum of this         Committee is 3

 

          Terms of Reference

 

          To be responsible for all matters relating to the Registered Charity Number 1083570 known as The Queen's Own Royal West Kent Regiment Museum Trust (with the exception of daily management of the Charity and reporting to the Prince of Wales' Royal Regiment representative, which will be undertaken by the Director of Regeneration and Communities and the Museums and Heritage Manager).

 

3       RESPONSIBILITY FOR FUNCTIONS RELATING TO OFFICERS

 

The Chief Executive, Directors and Heads of Service will be responsible for the execution of functions and the provision of all the services under their respective headings as set out below, having authority to act on all such matters (including the authorisation of legal proceedings and the issue and service of notices) and deal with staffing matters in their service, subject to:

 

(a)     actions being taken being in accord with the Council’s Budget and Policy Framework; and

 

(b)     the referral of any required decision or action which is controversial in nature to the appropriate Councillor decision making body.

 

The Head of Planning and Development, Head of Legal Partnership, Head of Finance and Resources, Head of Housing and Community Development, Head of Audit Partnership, Head of Human Resources Shared Services, Head of Policy and Communications, Head of ICT Shared Services, Head of Revenues and Benefits Shared Service, Head of Environment and Public Realm and Head of Commercial and Economic Development are all Heads of Service for the purpose of the Constitution.

 

The Chief Executive, Directors and Heads of Service may exercise the following functions:-

 

·           appointment and dismissal of staff below Chief Executive level;

·           all exercises of discretion under Council policies relating to staff;

·           secondment of staff, including under section 113 Local Government Act 1972;

·           to implement approved schemes and projects and incur expenditure on items approved within the Council’s approved Budget. Each Director is responsible for the supervision of the expenditure of their Directorate and for reporting to the appropriate Committee any proposed expenditure not included, or in excess of, the amount included in their estimate.

·           deal with everything related to or associated with their designated areas of responsibility, except insofar as such functions are reserved to the Council, Committees or Sub-Committees from time to time.

 

The Chief Executive, Directors and Heads of Service may authorise any other officer of the Council to exercise their delegated functions on their behalf.  This must be evidenced in writing in an officer’s job description; a list of delegations to officers shall be maintained by the Monitoring Officer specifically for a particular function; or generally.

 

All Officers who take delegated decisions shall keep an appropriate record of the date that the decision was taken, the principal considerations involved in reaching the decision and the reasons for the decision.  In exercising delegated authority, regard must be had to:

 

a)     All relevant considerations, disregarding irrelevant considerations, ensuring that the decision is reasonable and proportionate in the circumstances of the case and particularly having regard to the Council's fiduciary duties; duty of best value; equalities duties; human rights impact if any; and other relevant statutory duties (i.e. biodiversity, public health, climate change and crime and disorder reduction). 

 

b)     The lawfulness of the decision in terms of statutory powers and compliance with relevant procedural rules and other legal or procedural requirements.

 

c)     Acting for a Proper purpose, consistent with the Council's purposes and vision.

 

d)    Following financial and contract procedure rules, information and advice.

 

e)     Ensuring high standards of integrity and probity.

 

Where an Officer considers it appropriate, the Officer shall be entitled to refer matters for decision to a more Senior Officer or to the appropriate Councillor body. 

 

All Directors and Heads of Service shall be responsible for health and safety at work within their area of responsibility.

 

Action in Response to a Major Emergency:

 

The most senior officer of the authority present will have the authority to approve any expenditure in expediting the Council’s response to a major emergency affecting the Borough where it is not possible to refer the matter for decision to a more senior officer of the Council, in consultation with the Leader of the Council, or the Policy and Resources Committee or the Urgency Committee. 

 

3.1    CHIEF EXECUTIVE

 

          The Chief Executive has direct responsibility for the provision of the following services together with those separately listed which are undertaken in the Sections of his/her Department or other Directorates.  The Chief Executive may undertake any decision in respect of these services as required.

 

1.           The provision of policy advice to the Council, Committees and Sub-Committees, ensuring that they receive such guidance and advice as will enable them to use the Council's resources to the best advantage in the development of its strategies and policies.  Specifically to ensure that the Council has advice on the establishment and structure needed to carry out efficiently the work of the Council.

 

2.           The exercise of authority over all other officers of the Council so far as this is necessary for the efficient management of the Council's functions.

 

3.           Supervising, co-ordinating and ensuring the implementation of the Council's decisions.  Specifically to lead the Council's Corporate Leadership Team in securing a co-ordinated approach to the affairs of the Council generally.

 

4.           Ensuring the propriety of the Council's actions (together with the Monitoring Officer).

 

5.           The research and development of corporate policy options for consideration by Councillors.

 

6.           The development of beneficial relations between Councillors and officers of the Council.

 

7.           The promotion and safeguard of the best interests of the Council locally and nationally.  Specifically to liaise with national and local associations, authorities, groups, companies, organisations and individuals to further the policies and objectives of the Council.

 

8.           Provision of advice and support on the implementation and delivery of Best Value.

 

9.           The preparation and submission of the draft Strategic Plan, Sustainable Community Strategy and any other corporate plans and policies and upon approval by Council, the implementation of the Plans.

 

10.        Responsibility for undertaking negotiations and consultation with staff through their trade unions on all matters relating to employment.

 

11.        To hear and determine appeals under the Grievance, Capability or Disciplinary (Level 4) Procedures for all categories of employees.

 

12.        To take any action necessary in connection with any civil emergency or disaster including response, recovery and business continuity as may be required from time to time.

 

13.        To exercise a power delegated to any other Chief Officer of the Council when that Officer is unable or unwilling to act, or to authorise another person to exercise such functions in the absence of that Officer (for example if neither the Monitoring Officer nor the Deputy Monitoring Officer is available and willing to act).

 

14.        To submit responses to government and other bodies, consulting on changes to legislation and policy, as considered appropriate, following consultation with the appropriate Committee Chairman.

 

15.        To authorise any action necessary to give effect to any decision to the Council, or any board, Committee, sub-Committee for involvement in partnerships or outside bodies.

 

16.        To be responsible for corporate communications including official publicity, public relations and liaison with the press.

 

17.        To be the Returning Officer for the election of Councillors for the Borough, for Parishes within the Borough and for Members of Parliament and the European Parliament, as required.

 

18.        To exercise all Electoral Registration and Returning Officer functions, including as to polling stations, or delegate such functions, as required.

 

19.        To exercise all functions in relation to parishes, parish councils and community governance.

 

20.        To make payments or provide other benefits in case of maladministration etc. up to £10,000.

 

21.        To appoint officers for particular statutory purposes (appointment of “Proper Officers”).

 

3.2    Head of Policy and Communications

 

(1)        To deal with stage 2 complaints.

 

(2)        Implementation of the Council’s Performance Management System. 

 

(4)     The provision of Public Relations, Marketing, and Public Consultation Services.

 

(5)     Responsibility for a Communication and Engagement Strategy.

 

(6)        The provision of customer services channels including face to face, telephone and website.

 

(7)        The development and implementation of the Council’s Customer Care Strategy

 

(8)        To be responsible for Corporate Governance.

 

(9)        To be responsible for Equalities.

 

(10)     To be responsible for Freedom of Information, complaints handling, customer feedback.

 

(11)     To be responsible for business transformation.

 

(12)     To be the Council’s Senior Information Risk Owner.


3.3    Head of Planning and Development

 

(1)     Handling and determination of all applications submitted under the Town and Country Planning Acts in accordance with criteria as set out in the Constitution, including the adoption of screening and scoping opinions in relation to Environmental Statements.

 

(2)       The enforcement of all aspects of planning control.

 

(3)       Exercising all other functions relating to planning, conservation areas, listed buildings and trees.

(4)       Taking action to remove gypsies and travellers from non-Council owned land.

(5)       Responsibility for the Council’s local land charges service.

(6)       Providing heritage asset conservation and landscape advice in the determination of planning applications and policy.

 

(7)       Responsibility for all aspects of heritage asset conservation and Tree Preservation and advice, including: proposing buildings for listing, amendments and Orders within Conservation Areas, making Tree Preservation Orders and determining applications for works to Preserved Trees and section 211 notices on trees in conservation Areas.

 

(8)       Responsibility for functions relating to High Hedges legislation.

 

(9)       All aspects of the preparation of statutory and non-statutory spatial planning documents on any relevant matter including planning tariff and infrastructure planning and advice to Council, developers and others on these matters.

 

(10)   Procuring and securing of relevant technical and consultancy advice on the matters to the above.

 

(11)   Authority to liaise with the highways authorities, strategic planning bodies and neighbouring authorities and other bodies on matters relevant to coordinated strategic transport and spatial planning.

 

(12)   Handling and determination of all applications submitted under the building regulations and enforcement of building regulations.

 

(13)   The exercise of control over demolitions and dangerous structures under the Public Health Acts and Building Act.

 

(14)   Obtaining information under Section 330 of the Town and Country Planning Act 1990.

 

(15)   Policy and strategic advice to Councillors and Council officers on all the above.

 

(16)   Making representations to Government and other authorities on these matters and any new legislation or policies and guidance impacting on all the above matters for which the officer has responsibility.

 

 

3.4    DIRECTOR OF REGENERATION AND COMMUNITIES

 

          The Director has responsibility for the provision of the following services.  The Director of Regeneration and Communities may exercise any function in respect of these services as required.

 

The Director of Regeneration and Communities is the authorised officer for Responsible Authority Functions under the Gambling Act 2005 and the Licensing Act 2003.

 

The Director of Regeneration and Communities is also the Council's Chief Finance Officer, responsible for the proper management of the Council's financial affairs.

 

3.5    Head of Commercial and Economic Development

 

(1)        Implementation of the Economic Development and Regeneration Strategy for Maidstone Borough.

 

(2)        Responsibility for the delivery of initiatives across the Borough to further the Council’s corporate priority for Maidstone to have a growing economy.

 

(3)        Implementation of the Visitor Economy strategy for Maidstone Borough.

 

(4)        Identification, development and mobilisation of projects to increase the quantum and resilience of the Council’s income from commercial activities and its commercial property portfolio. 

 

(5)        Responsibility for international activities and relationships established by the Council.

 

(6)        Responsibility for the contract with the external operator for the Hazlitt Theatre.

 

(7)        Responsibility for the Museums in Maidstone Borough and the provision of the various facilities and activities at these sites.

(8)        Responsibility for the development and provision of leisure facilities and activities including the contract with the external operator for Maidstone Leisure Centre.

 

(9)        Responsibility for the provision and development of the Borough’s parks and open spaces and the monitoring of all contracts in respect of grounds maintenance.

 

(10)     Responsibility for the management of the Cobtree Trust and Estate.

 

(11)     Responsibility for the management of The Queen's Own Royal West Kent Regiment Museum Trust.

 

(12)     Management of the Lockmeadow Market.

 

3.6    Head of Finance and Resources

 

(1)     The provision of financial advice throughout the authority to Officers and Councillors.

 

(2)     The maintenance of corporate financial systems and ensuring the financial integrity of all other systems.

 

(3)     The compilation of financial accounts in accordance with statutory requirements.

 

(4)     Compilation and submission of grant claims.

 

(5)     The provision of corporate financial services.

 

(6)        The provision of general financial advice on the allocation of resources for concurrent functions.

 

(7)        Operation of the receipt of payments service.

 

(6)        Organisation of the Mayoral function, Civic matters and Town Hall.

 

(7)        The provision of Facilities for Councillors.

 

(8)        The servicing of the Council’s Committees and Sub-Committees.

 

(9)        Provision of a printing service.

(10)     The production of an annual register of electors and responsibility for the running of elections, electoral boundaries and all parish council matters.

 

(11)     To provide through the Property and Procurement Section:-

 

(a)        Policy and strategic advice to Councillors and Council officers on all technical and consultancy matters.

 

(b)        The procurement and supervision of a full range of architectural, building and engineering related professional services to ensure the completion of the various Council construction programmes through all work stages from inception/feasibility to completion and final account.

 

(c)         Collation and holding of professional and trade references.

 

(d)        Conservation and preservation of the Council's stock of civic buildings.

 

(e)        Preparation and holding of archival, historic and statistical information on Council buildings.

 

(f)         Community Projects relating to construction activities.

 

(g)        Responsibility for land drainage matters.

 

(h)        Flood plan advice, flood risk management co-operation and liaison with the Environmental Agency on flooding and related matters.

 

(i)          Advice on procurement services

 

(12)   Acquisition and disposal of land and buildings, including all appropriations between purposes.

 

(13)   The management and maintenance of all general fund properties and all non-operational properties.

 

(14)   The provision of a valuation service for the Council.

 

(15)   The provision of a property advisory service.

 

(16)   Authorise all special categories of sale pursuant to paragraph 6 of the Contract Procedure Rules for Land including right to buy sales; where the Council is mortgagee; non-operational land not exceeding 0.25 hectares etc.

 

(17)   To be responsible for taking action to remove gypsies and travellers from Council land.

 

3.7    Head of Housing and Community Services

 

(1)        All aspects of community safety and crime and disorder reduction.

 

(2)        The provision of a sport play and youth development service.

 

(3)        Ensure the Council’s duties and obligations in relation to homelessness and the operation of the Council’s allocation scheme are fulfilled.

 

(4)        Manage all forms of temporary accommodation in connection with the Council’s homelessness duties including entering into lease agreements and service of any related notices.

 

(5)        The development of policies on social inclusion, community development and community planning.

(6)        Undertaking any special housing initiatives that might arise.

 

(7)        Ensuring that private sector housing standards are achieved, in particular as they relate to houses in multiple occupation and unfit dwellings.

 

(8)        Operation of the grants system for renovating private sector properties.

 

(9)        Perform the Council’s duties and obligations in connection with private sector housing including enforcement measures.

 

(10)     Enter into arrangements with third parties to enable the delivery of new affordable housing including authorising payments either directly or via government appointed bodies.

 

(11)     The management of Gypsy and traveller caravan sites.

(12)     The drafting and implementing of the Council’s Housing Strategy, including the preparation of the Housing Investment Programme and its submission to the Secretary of State.

(13)     The development of the Council’s housing enabling role, including liaison with the Homes & Communities Agency and Housing Providers as appropriate.

 

(14)     Compact, relationships and funding with the voluntary and community sector.

 

(15)     The development of an art strategy for the Borough and the provision of a varied events programme during the year.

 

(16)     The various halls used for recreational purposes throughout the Borough.

 

(17)     Advice to the Council and other organisations on all matters relating to grants and lottery applications.

 

(18)     The Sustainable Community Strategy and renewable energy strategy.

 

(19)     All licensing functions (not otherwise delegated or prohibited).

(20)     All gambling functions (not otherwise delegated or prohibited).

 

(21)     To ensure that sustainable development policies and good environmental working practices are widely promoted and integrated into the day to day working practices of the Council and publicised to all sectors of the wider community.

 

(22)     The hygiene and control of food including the provision of safe food, control of standards, meat inspection and education.

 

(23)     The control of infectious diseases and the general health and wellbeing of the local population.

 

(24)     The provision of a health promotion service, including home and water safety.

 

(25)     The enforcement of the Sunday Trading Act 1994.

 

(26)     Road closure orders.

 

(27)     The provision of advice and taking actions to further the aim of sustainability and tackle climate change both internally within the Council and externally throughout the Borough.

 

(28)     Enforcement of Health and Safety at work legislation, including the appointment of Inspectors.

 

(29)     Deal with issues arising from contaminated land.

 

(30)     The discharge of any function relating to pollution control (including noise, air, land, water and private drainage) and the management of air quality.

 

 

(31)     Pollution control including noise, air, land, water and private drainage. and the service of any abatement notice in respect of a statutory nuisance.

 

(32)     To make Public Space Protection Orders and Orders under the Antisocial Behaviour Act 2003.

 

3.8    DIRECTOR OF THE ENVIRONMENT AND SHARED SERVICES

 

The Director of Environment and Shared Services has responsibility for the provision of the following services.  The Director may undertake any function in respect of these services as required.

 

Emergency Planning Function and to lead the Council's response.

 

The operation of the Park and Ride car parks in the Borough. 

 

Decriminalised Parking service and the provision of off-street parking facilities.

 

Undertaking consultation concerning and making traffic regulation orders.

 

Health and Safety and Corporate Manslaughter.

 

Taking action to foster an efficient and attractive public transport network in the Borough, including the development of the Park and Ride service and implementation of the concessionary fares scheme.

 

3.9    Head of Environment and Public Realm

 

(1)                        Responsibility for the development and provision of a cleansing service including street cleansing, refuse collection, public conveniences, and building cleaning, and also including the enforcement of litter and waste control.

 

(2)                        The inspection of the authority’s area to detect any statutory nuisance and the investigation of any complaints as to the existence of any statutory nuisance. 

(3)                         

 

(4)                        The monitoring of Council contracts in respect of all cleansing services.

 

(5)                        Co-ordination and implementation of environmental improvement schemes in accordance with the Council's strategy.

 

(6)                        Responsibility for the development and provision of a grounds maintenance service including parks and open spaces, horticulture, arboriculture and sports pitches.

 

(7)                        The responsibility for the Vinters Park Crematorium and Maidstone Cemetery.

 

(8)                        The responsibility for the central purchasing of vehicle and transport supplies.

 

(9)                        The responsibility for running a Direct Services Organisation (DSO).

 

(10)                    Ensuring that the optimum level of the works and services provided by the Council in the areas of Highways and Sewers, Grounds Maintenance, Emergencies and any other areas as determined by the Council are undertaken.

 

(11)                    To be responsible for the Enforcement of Street Trading Legislation (including the Maidstone Borough Council Act 2006 and any other functions arising under the Act).

 

(12)                    To be responsible for the Enforcement of Smoke Free Legislation.

 

(13)                    To be responsible for the Council’s Emergency Response Service.

 

(14)                    Responsibility for a pest control service, enforcement against pest concerns and the cleansing filthy or verminous premises.

 

(15)                    To be responsible for the licensing of caravan sites.

 

(16)                    Inspection of the authority’s area to detect any statutory nuisance (including relating to litter, noise in the street and waste) and the service of any abatement notice in respect of a statutory nuisance.

 

(17)     To be responsible for the development and provision of animal welfare and dog control, including enforcement.

 

3.10  MID KENT SERVICES

 

          Head of Audit Partnership

 

(1)     The provision of an adequate and effective system of internal audit of the Council’s accounting records and its system of internal control in accordance with the proper practices in relation to internal control as prescribed by the Accounts and Audit Regulations 2015.

 

(2)     The maintenance the Council’s Strategic Risk Register and the provision of advice and guidance on the principles and practices of Risk Management and counter-fraud.

 

(3)     To be the principal point of contact on Public Interest Disclosure Act referrals (Whistleblowing); to arrange for investigation and action as appropriate.

 

3.11  Head of Human Resources Shared Service

 

(1)     The provision of advice to Councillors and Officers of the Council on all aspects of personnel policy and issues including employment issues, conditions of service, pay and grading, pensions and superannuation discretion..

 

(2)     The administration of the Council's scheme of job evaluation for the grading of posts.

 

(3)     Ensuring that the Council's personnel policies and procedures comply with employment legislation and EC Directives.

 

(4)     The approval of all staff qualification training; planning and design of in-house training services and co-ordination of the Youth Training Scheme.

 

(5)     Ensuring the payment of salaries, wages and associated employer expenses to employees and Councillors, and advising on pension matters.

(6)     Ensuring the appropriate development of Councillors and Officers.

(7)     Ensuring that the Council’s Health and Safety at Work policies and procedures comply with legislation and EC Directives including Fire Regulations and training.

 

3.12  Head of IT Shared Services

 

(1)     The provision of advice on the formulation of the Council’s IT Strategy and the facilitation of Corporate IT activities so that they may remain within the corporate IT Strategy.

 

(2)     The provision of a central purchasing service for all IT related functions including hardware, software and consumables.

 

(3)     The provision of a strategic input to decisions on matters concerning new technology.

 

(4)     Maintaining all appropriate Data Protection and other registrations with the Information Commissioner's Office.

 

3.13  Head of Legal Partnership

 

(1)        The provision of advice to Councillors and Officers of the Council on all legal issues.

 

(2)        The provision of a legal service relating to the Council’s functions.

(3)        Provision of advice to Councillors, the Council and Committees on the operation of the Constitution.

(4)        Dealing with the Local Government Ombudsman.

(5)        All Monitoring Officer duties, including maintaining the registers of Councillors and Officers interests and gifts and hospitality; granting dispensations to speak and vote at meetings as appropriate; authority to investigate (or arrange for the investigation of) Councillor misconduct; and to resolve matters informally where s/he considers appropriate after consulting the Independent Person.

 

(6)        The authorisation of Council Officers to appear on behalf of the Council in legal proceedings.

 

(7)        Obtaining information under Section 330 of the Town and Country Planning Act 1990.

 

(8)        The Head of Legal Partnership is authorised to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Head of Legal Partnership considers that such action is necessary or appropriate to protect the Council’s interests.

 

(9)        Where any document is necessary to any legal procedure or proceedings on behalf of the Council it will be signed by the Head of Legal Partnership or other person authorised by him/her unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person.

 

(10)     Contracts exceeding the value specified with the Financial Procedure Rules must be made under the common seal of the Council attested by the Head of Legal Partnership or other authorised signatory, unless the Head of Legal Partnerships considers that certain contracts may be signed rather than sealed.

 

(11)     The Common Seal of the Council will be kept in a safe place in the custody of the Head of Legal Partnership. A decision of the Council or a Committee or Sub-Committee or Officer will be sufficient authority for sealing any document necessary to give effect to the decision. The Common Seal will be affixed to those documents which in the opinion of the Head of Legal Partnership, should be sealed. The affixing of the Common Seal will be attested by the Head of Legal Partnership or any other solicitor authorised by him/her.

 

(12)     The Monitoring Officer has delegated authority to make changes to the Constitution which are necessitated by decisions taken by the Council; which remove inconsistency or ambiguity; which are minor; or to effect changes in the law.

 

3.14  Head of Revenues and Benefits Shared Services

 

(1)        The administration, collection and recovery of non-domestic rates and Council Tax, including determining any discretionary items in connection with local taxation or national non-domestic rates.

(2)        The determination, administration and making payments including arranging abatements and rebates for Council Tax Benefit and Housing Benefit including determining any discretionary items in connection with Council Tax Benefit and Housing Benefit.


 


4.      THE “PROPER OFFICER” PROVISIONS

 

 

Function

 

Proper Officer

Person to act in the event of the Proper officer being absent or otherwise unable to act

 

(1)        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 26 October 1972 to the Clerk of a Council or the Town Clerk of a Borough.

 

Chief Executive

 

Monitoring Officer

(2)        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 26 October 1972 to the Treasurer of a local authority.

 

Chief Finance Officer

 

Head of Finance and Resources


(3)        The following provisions of the Local Government Act 1972:-

 

(a)         Section 115(2) – the Officer who shall receive all money due from any other Officer of the Council.

 

(b)         Section 146(1) – the Officer who (upon a transfer of securities the alteration of the name of the District) shall make a statutory declaration specifying the securities and verifying the change of name and identify of the Council or shall give such a certificate as is prescribed.

 

(c)         Section 151 – the Officer having responsibility for the proper administration of the financial affairs of the Council.

 

 

 

 

Chief Finance Officer

 

 

 

Chief Finance Officer

 

 

 

 

 

 

 

 

 

Chief Finance Officer

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

 

 

 

Head of Finance and Resources

(4)           The following provisions of the Representation of the People Act 1983:

 

(a)   Section 8 and Section 52 – the Registration Officer for any constituency of part of a constituency coterminous with or situated in the Borough.

 

(b)   Section 35(1) – the Returning Officer for elections of Councillors of the District and for elections of Councillors of Parishes within the District.

 

 

 

 

 

Chief Executive

 

 

 

 

 

Chief Executive

 

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

(5)           The follow following provisions of the Local Government Act 1972:

 

(a)     Section 83(1) – the Officer to whom a person elected shall deliver a declaration of acceptance of office in a form prescribed by rules made under Section 42 of the Act.

 

(b)     Section 84 – the Officer to whom a Councillor may give written notice of resignation.

 

(c)     Section 86 – declare any vacancy in office.

 

(d)     Section 88(2) – the Officer who may convene a meeting for the election of Chairman of the Council following a casual vacancy in that office.

 

(e)     Section 89(1) – the Officer to whom notice shall be given of any casual vacancy occurring in the office of Councillor.

 

(f)      Section 191(2) – the Officer who shall receive an application under section 1 of the Ordnance Survey Act 1841.

 

(g)     Section 210(6) – the Officer who shall exercise the powers relating to charities conferred by these subsections.

 

(h)     Section 223 – authorise Officers to appear in legal proceedings (and Section 60 County Courts Act 1984).

 

(i)       Section 225(1) – the Officer who shall receive and retain documents deposited with the Council pursuant to the Standing Orders of either Houses of Parliament or to any enactment or instrument, and shall take such action relating to these documents as may be directed.

 

(j)      Schedule 12, Part I, para 4(3) – the Officer to whom a member of the Council shall give notice in writing desiring summonses to attend meetings of the Council to be sent to an address specified in the notice other than his/her place of residence.

 

 

 

(k)     Schedule 14, Part II, para 25(7) – the Officer who shall certify a resolution of the Council applying or disapplying provisions under the Public Health Acts 1875-1925.

 

(l)       Schedule 25, paras 3(2) and (3), 4(2) and (6) – the Officer for the purposes of the amendments to Section 66(4)(b) and (7), 67(3) and paragraph 5 of Schedule 2 to the Licensing Act 1964, enacted by these paras.

 

(m)   Sections 212(1) and (2) – the Officer who shall act as local registrar within the meaning of the Land Changes Act 1925, and who shall register any matters specified by these sections affecting land and situate within the district.

 

(n)     Section 236(9) – the Officer who shall send a copy of every byelaw made by the Council and confirmed to the Proper Officer of every parish to which they apply.

(o)     Section 236(10) – the Officer who shall send a copy of every byelaw made by the Council and confirmed to the Council of the County.

(p)     Section 238 – the Officer who shall certify a printed copy of a byelaw of the Council.

 

(q)     Section 248 – to keep the roll of Freeman.

 

(r)      In relation to Section 13(3) of the Local Government Act 1972 – the Officer who together with the Chairman of the Parish Member shall be a body corporate by the name “The Parish Trustess”.

 

 

 

 

 

Chief Executive

 

 

 

 

 

Chief Executive

 

 

 

Chief Executive

 

 

 

 

Chief Executive

 

 

 

 

 

 

 

 

 

 

Chief Executive

 

 

 

 

 

 

 

 

 

 

 

Director of Regeneration  and Cand Communities

 

Director of Regeneration and Communities

 

Monitoring Officer

 

 

Director of Regeneration and Communities

 

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Director of Regeneration and Communities

 

 

 

 

 

Head of Planning and Development

 

 

 

 

 

 

Head of Finance and Resources

 

 

 

 

Head of Finance and Resources

 

 

 

Monitoring Officer/Head of Service

Chief Executive

 

 

 

Chief Executive

 

 

 

Head of Finance and Resources

 

 

 

Head of Finance and Resources

 

Head of Finance and Resources

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Deputy Monitoring Officer

 

 

 

 

 

 

Head of hhhhFinance and Resources

 

 

 

 

Democratic Services Officer

 

 

 

 

 

Chief Executive

 

 

 

Head of Housing and Community Services

 

 

 

 

Chief Executive

 

 

 

 

 

Monitoring Officer

 

 

 

Monitoring Officer

 

 

Monitoring Officer

 

 

Head of Finance and Resources

Head of Finance and Resources

(6)           The Proper Officer for the purposes of Part I of the Local Government and Housing Act 1989.

 

Head of Finance and Resources

Chief Executive

(7)           All other cases in respect of which the Strategic Director has from time to time been appointed as the Proper Officer of the Council.

 

Director of Regeneration and Communities

Chief Executive

(8)           Local Government (Miscellaneous Provisions) Act 1976

 

(a)     Section 16 – Service of notices requiring details of any interests in land

 

(b)     Section 41 of the – the Officer for certifying documents as provided for under this section.

 

 

 

Directors and Heads of Service

 

Head of Finance and Resources

 

 

 

Chief Executive

 

 

Chief Executive

(8)        The following provisions of the Local Government Act 1972:-

 

(a)     Section 229(5) – the Officer who shall certify a photographic copy of a document in the custody 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.

 

(b)     Section 234(1) – the Officer whose signature shall authenticate any notice, order of other document which the Council is required or authorised to issue by or under any enactment.

 

 

 

Head of Finance and Resources

 

 

 

 

 

 

Head of Finance and Resources

 

 

 

 

Monitoring Officer

 

 

 

 

Monitoring Officer

 

(9)        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 26 October 1972 to the Public Health Inspector.

Director of Regeneration and Communities

Head of Housing and Community Services

(10)    The Officer responsible for the convening of newly created Parish Councils.

Chief Executive

Head of Finance and Resources

 

PART I PUBLIC HEALTH ENACTMENTS

(11)    Public Health Act 1936

Public Health (Control of Disease) Act 1984

 

Section 11 - Cases of notifiable disease and food poisoning to be reported by patient’s doctor to the Proper Officer and by him to the area health authority.

 

Section 11 - Duty of local authority to supply forms to doctors for purposes of Section 48.

 

Section 13 - Power of Secretary of State to make regulations for prevention and treatment of infectious diseases etc.  Power to enable authorised Officers of enforcing authorities specified by regulations to enter premises, vessels or aircraft for the purposes of preventing the spread of infection.

 

Section 18 - Information to be furnished by occupier, on application by Proper Officer, in case of notifiable disease or food poisoning.

 

Section 20 – Power of Proper Officer to stop employment to prevent spread of disease and provision for compensation.

 

Section 21 – Permission for children exposed to infection to attend school. 

 

 

 

Section 22 – Power of Proper Officer to require list of day scholars at school where notifiable disease exists.

 

Section 23 – Power of Local Authorities to exclude children from places of entertainment or assembly.

 

Section 24 – Restrictions on sending or taking infected articles to laundry or public wash-houses or to the cleaners.

 

Section 29 – Restrictions and penalties on letting accommodation after recent cases of notifiable disease.

 

 

 

Section 31 - Power of Local Authority to secure cleansing and disinfection of premises and articles.

 

Section 32 - Power of Local Authority, on certificate from Proper Officer to remove inmates of infected house

 

 

Section 36 – Power of Justice of the Peace to order medical examination of a group of persons believed to include a carrier of a notifiable disease.

Section 40 – Medical examination of inmates of common lodging house.

 


Section 42 - Closure of common lodging house on account of notifiable disease.


Section 43- Bodies of persons dying in hospital with notifiable disease.

 


Section 48 - Removal of dead body to mortuary for burial.


 

Section 58 - Authentication of documents.


Section 60 - Service of notices and other documents.

 

 

 

 

 

Head of Housing and Community Services

 

Head of Housing and Community Services

 

Head of Housing and Community Services

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

 

 

 

 

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community

 

 

 

Head of Housing and Community

 

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

 

 

 

Director of Regeneration and Communities

 

 

Director of Regeneration and Communities

 

 

Director of Regeneration and Communities

 

 

 

Director of Regeneration and Communities

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

 

 

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities



 

PART II STATUTORY INSTRUMENT

Public Health (Infectious Diseases) Regulations 1988

 

Regulation 6 – Cases of infectious disease to be specially reported.


Regulation 8 – Weekly and quarterly returns.


 

 

Schedule 4 – Food poisoning and food borne infection.

 

 

Regulation 10 - Immunisation and Vaccination.

 

 

 

Regulation 12 - Confidentiality of documents.

 

 

 

Public Health (Fees for Notification of Infectious Disease) Order 1968 (SI 1968 No. 1365).

 

 

Public Health (Prevention of Tuberculosis) Regulations 1925 (SI 1925 No. 757).

 

 

 

Food Hygiene (Docks, Carriers etc) Regulations 1960 (SI 1960 No. 1602) Article 11.

 

 

Public Health (Aircraft) Regulations 1979 No. 1434).

 

 

Public Health (Ships) Regulations 1979 (SI 1979 No. 1435).

 

 

 

 

 

 

Head of Housing and Community

 

Head of Housing and Community

 

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

 

Head of Housing and Community

 

Head of Housing and Community Services

 

 

 

 

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 


 

 

COUNCIL PROCEDURE RULES

 

 

Rule 3 – Calling and Cancellation of Meetings.


Rule 6 – Time and place of meetings.


Rule 7 – Give notice to the public of the time and place of meeting and at least five clear days before a meeting send a summons signed by him or her to every Member of the Council.

 

Rule 9 - Set a date in consultation with the Mayor and Group Leaders for the remaining business of an inquorate meeting to be conducted, where there is no agreement between a majority of the Members present.

 

Rule 10 (b) - Set a date in consultation with the Mayor and Group Leaders for the remaining business of an adjourned meeting to be conducted, where there is no agreement between a majority of those Members present.

 

Rule 11 (b) (i) - Receipt of petition wording in writing at least two weeks before the meeting.

 

Rule 11(b) (iii) - Receipt of petition at least one clear date before the meeting.

 

Rule (b) (viii) - Receipt of petitions.

 

Rule 12.3 – Receipt of questions in writing or by e-mail no later than close of the office one clear working day before the meeting.

 

Rule 12.5 – Rejection of questions.

 

 

Rule 12.6 – Entering questions in a book open to public inspection and sending a copy of questions to the Member to whom it is to be put.

 

 

Rule 13 - (a) (ii)    Questions by Members.

 

 

 

Rule 14.1 - Receipt of notices of motion.

 

 

 

Rule 14.7 - Ruling of notices of motion out of order or illegal.

 

 

Rule 26.1 (a) - Request to speak.

 

Rule 26.1 (b) - Keeping a reserve list of speakers for Planning Committee.

 

100B(2),(7) and 100H - Excluding from the Public reports which are not likely to be considered in open session; and provision to the press/public of other documents provided to Councillors where the Proper Officer thinks fit.

 

100C(2) - Where part or the whole of the report has been exempt the Proper Officer shall make a written summary of the proceedings or part to provide a record without disclosing the exempt information.

 

100D - Compilation of list of background documents, relied upon to a material extent in producing the report or disclosing important facts.

 

100F - Deciding whether documents for inspection in connection with Committees contain exempt information under a paragraph of Schedule 12A.

 

100G (optional) - Maintain a list of Councillors and, list of delegations to officers and the like.

 

Local Government and Housing Act 1989

 

3A - To determine applications for exemption from the list of politically restricted posts

 

2 -  Maintain a list of politically restricted posts

 

4 – Head of Paid Service

 

5 – Monitoring Officer

 

Representation of the People Act 1983

 

8 – Electoral Registration Officer

 

35 – Returning Officer

 

 

 

52 – Deputy Electoral Registration Officer

 

 

82 – To receive declaration of Election expenses

 

Local Government and Housing Act 1989 Sections 15-17 and Local Government (Committees and Political Groups) Regulations 1990

 

Regulation 9 – Receipt of Notice re Political Groups

 

10 – Receipt of Notice of Cessation of Membership of Political Groups

 

13 – To accept wishes of Political Groups in respect of proportionality

 

14 – To notify Political Groups of allocations

 

Local Government Act 1974

 

Part 3 – Local Government Ombudsman functions, including giving public notice of reports

 

Freedom of Information Act 2000

 

36 – Non-disclosure where potential to prejudice the effective conduct of public affairs

 

Local Authorities (Referendum) (Petitions and Directions) Regulations 2000 as amended

 

Whole – Proper Officer function

 

Local Authorities (Conduct of Referendums) (England) Regulations 2012

 

Whole – Proper Officer function

 

Building Act 1984

 

78 – Authorise action in relation to dangerous structures

 

Local Government Miscellaneous Provisions Act 1982

 

Part XI – Public Health

 

 

Food Safety Act 1990 – Food Safety and authentication of documents

 

Anti-Social Behaviour Act 2003 – Closure order in respect of noisy premises where public nuisance

 

Localism Act 2000

 

29 – Establish and maintain a register of members' and co-opted members' interests

 

30 – 31 – Receipt of Members and co-opted members' declarations of interests and changes to those interests within 28 days

 

32 – Sensitive Interests

 

33 – Dispensations from restrictions under Section 31(4)

 

Any other provisions for which arrangements are not specifically made under the Scheme of Delegation.

 

Any other legislation whether made before or after this list was approved and requiring a proper officer or authorised officer where not otherwise stated in this list or the Council's approved scheme of delegation from time to time.

 

 

 

 

Chief Executive

 

 

 

 

Chief Executive

 

 

 

 

Chief Executive

 

 

 

 

Head of Finance and Resources

 

 

 

 

 

 

Head of Finance and Resources

 

 

 

 

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

 

 

 

 

 

 

 

 

 

 

Head of Finance and Resources

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

 

 

Directors and Heads of Service

 

 

 

Directors and Heads of Service

 

 

Directors and Heads of Service

 

 

Head of Finance and Resources

 

 

 

Chief Executive

 

 

Chief Executive

 

Chief Executive

 

Head of Legal Partnership

 

 

 

 

Chief Executive

 

 

 

 

 

 

Chief Executive

 

 

 

Electoral Registration Officer

 

Chief Executive

 

 

 

 

 

Chief Executive

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

 

Chief Executive

 

 

 

 

Chief Executive

 

 

 

 

 

Monitoring Officer

 

 

 

 

Monitoring Officer

 

 

 

Head of Planning and Development

 

 

Head of Housing and Community Services

 

Head of Housing and Community Services

 

Head of Housing and Community Services

 

 

 

Monitoring Officer

 

 

Monitoring Officer

 

 

 

Monitoring Officer

 

Monitoring Officer

 

Chief Executive to authorise

 

Chief Executive to authorise

 

 

 

 

 

 

 

Director of Regeneration and Communities

 

 

Director of Regeneration and Communities

 

 

Director of Regeneration and Communities

 

 

Chief Executive

 

 

 

 

 

 

 

Chief Executive

 

 

 

 

 

 

 

Chief Executive

 

 

 

Chief Executive

 

 

 

Chief Executive

 

 

 

Chief Executive

 

 

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

Directors and Heads of Service

 

 

 

Democratic Services Officer

 

 

 

 

Democratic Services Officer

 

 

 

Democratic Services Officer

 

 

 

Monitoring Officer

 

 

 

 

Monitoring Officer

 

 

Monitoring Officer

 

Any Director

 

 

 

Deputy Head of Legal Partnership

 

 

 

 

 

Electoral Registration Officer

 

Electoral Registration Officer

 

Democratic Services Officer

 

Electoral Registration Officer

 

 

Head of Finance and Resources

 

 

 

 

Head of Finance and Resources

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

 

Monitoring Officer

 

 

 

 

Monitoring Officer

 

 

 

 

 

Head of Finance and Resources

 

 

 

Head of Finance and Resources

 

 

Building Control Officers

 

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

 

 

Deputy Monitoring Officer

 

 

Deputy Monitoring Officer

 

 

 

Deputy Monitoring Officer

 

Deputy Monitoring Officer

 

Monitoring Officer

 

 

Monitoring Officer

 

 

 

 


 

 

 

 

Maidstone Borough Council Constitution

         

Part 3

 

 

Rules of Procedure

 

 

 

 

 

 

 

 

 

 


COUNCIL PROCEDURE RULES

CONTENTS

 

 

Rule                                                                                               Page

 

1.           Annual meeting of the Council                                              3-4

 

2.           Ordinary meetings                                                                4-5

 

3.           Meetings                                                                               5

 

4.           Appointment of substitute Members of Committees and

         Sub-Committees                                                                   6

 

5.           Visiting Members                                                                   6-7

 

6.           Time and place of meetings                                                   7

 

7.           Notice of and summons to meetings                                      7

                                                    

8.           Chairing the meeting                                                            7

                                            

9.           Quorum                                                                                7

                                                               

10.        Duration of meeting                                                              8

 

11.        Presentation of petitions to the Council and Committees       8-9

 

12.        Questions by members of the public                                      10-12

 

13.        Questions by Councillors                                                       12-13

 

14.        Motions on notice                                                                  13-14

 

15.        Motions without notice                                                          14-15

 

16.        Rules of debate                                                                     15-18

 

17.        Leaders Report on Current Issues                                          18-19

 

18.        Voting                                                                                   19-20

 

19.        Minutes                                                                                21

 

20.        Record of attendance                                                            21

 

21.        Exclusion of the public and recording meetings                     21

 

22.        Councillors’ conduct                                                              21-22

 

23.        Disclosure of Interests                                                          22

 

24.        Disturbance by public                                                            22

 

25.        Suspension and amendment of Council Procedure Rules       22

 

26.        Provisions relating to Planning Committee                             22-25

 

27.        Application to Committees and Sub-Committee                      26

 

28.        Election Of Committee Chairman                                           26

 

29.        Review of Service Committee Decisions                                 26-27                                          

 

 

OTHER PROCEDURE RULES

 

3.2     Access to Information Procedure Rules                                     

3.3     Youth Forum Procedure Rules            

3.4     Maidstone Crime and Disorder Reduction Partnership Procedure Rules        

3.5     Financial Procedure Rules                                                        

3.6     Contract Procedure Rules                                               

3.7     Rules Relating to Land Transactions  

3.8     Officer Employment Procedure Rules

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


3.1   COUNCIL PROCEDURE RULES

 

          These rules regulate the business at Council meetings and meetings of Committees, Sub-Committees and Panels.

 

          In these rules reference to the Proper Officer is reference to the Head of Finance and Resources, the Director of Regeneration and Communities or the Chief Executive unless stated otherwise.

 

1.           ANNUAL MEETING OF THE COUNCIL

 

1.1        Timing and Business

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

 

The Annual Meeting will:

 

(a) elect a person to preside if the Mayor or Deputy Mayor is not present;

 

(b) elect the Mayor;

 

(c) consider whether any items should be taken in private because of the likely disclosure of confidential or exempt information;

 

(d)approve and sign the minutes of the last meeting;

                                           

(e) appoint the Deputy Mayor;

 

(f)  receive any announcements from the Mayor;

 

(g)receive congratulations from local scholars;

 

(h)elect the Leader and appoint the Deputy Leader;

 

(i)  appoint such Committees as the Council considers appropriate to deal with matters which are not reserved to the Council nor delegated to officers;

 

(j)  adopt the Constitution including the scheme of delegation (or relevant updates);

 

(k) consider any business set out in the notice convening the meeting; and

 

(l)  consider matters where confidential or exempt information may be revealed.



1.2        Selection of Councillors on Committees

 

At the Annual Meeting, the Council meeting will:

 

(a) decide which Committees to establish for the municipal year;

 

(b) decide the size and terms of reference for those Committees;

 

(c) decide the allocation of seats to political groups in accordance with the political balance rules;

 

(d)receive nominations from the Group Leaders of Councillors to serve on each Committee along with substitutes; and

 

(e) appoint to those Committees and substitutes.

 

2.           ORDINARY MEETINGS

 

Ordinary meetings of the Council will take place in accordance with an agreed calendar of meetings.  Ordinary meetings will:

 

(a)  elect a person to preside if the Mayor or Deputy Mayor is not present;

 

(b)  receive any declarations of interest from Councillors and officers and deal with any applications for dispensations;

 

(c) receive any disclosures of lobbying by Councillors;

 

(d)  consider whether any items should be taken in private because of the likely disclosure of confidential or exempt information;

 

(e) approve and sign the minutes of the last meeting;

 

(f)   receive any announcements from the Mayor;

 

(g)  receive any petitions or deputations;

 

(h)  receive questions from, and provide answers to, the public in relation to matters which in the opinion of the person presiding at the meeting are relevant to the business of the Council;

 

(i)    the following will receive and respond to questions from Councillors in  chronological order of receipt:

 

·                    Chairmen of Committees; and

 

·                    Other spokespersons nominated by the relevant Chairman.

 

(j)   receive the Leader’s Report on Current Issues and the Group Leaders’ responses;

 

(k)  deal with any business from the last Council meeting;

 

(l)    receive reports from the Council’s Committees where there are recommendations for the Council to take a decision;

 

(m)receive reports about the business of joint arrangements and external organisations which include matters for decision;

 

(n)  consider motions in the order in which notice has been received;

 

(o)  consider any other business specified in the summons to the meeting, including consideration of proposals from officers for debate; and

 

(p)  consider matters where confidential or exempt information may be revealed.

 

3.           MEETINGS

 

3.1        Calling and Cancelling Meetings

 

(a)     Council Meetings - Those listed below may request the proper officer to call Council meetings in addition to ordinary meetings:

 

         (i)      the Council by resolution;

 

          (ii)     the Mayor;

 

                   (iii)    the Monitoring Officer; and

 

                   (iv)    any five Councillors. If they have signed a requisition presented to    the proper officer an extraordinary meeting will be held within 21   days of receipt of the requisition.

 

(b)     Committee/Sub-Committee Meetings - The Chairman of a Committee or Sub-Committee may call a special meeting of the Committee or Sub-Committee. A special meeting may also be called on the requisition of at least three Members of a Committee or at least two Members of a Sub-Committee, delivered in writing to the proper officer.

 

(c)     Cancellation of Meetings - In exceptional circumstances the proper officer may cancel or alter the time or location of any meeting.

 

3.2        Business

 

No business other than that specified in the summons to the meeting may be considered at a meeting of the full Council.  However such issues may be considered by Committees and Sub-Committees if urgent in accordance with the Access to Information Rules.

 

It is not a requirement that the minutes of the previous meeting are approved at an extraordinary meeting.

 

At an Extraordinary meeting of the Council there may be a presentation of petitions and/or a question and answer session but all petitions, deputations or questions must relate to a matter to be discussed at that meeting.

 

4.           APPOINTMENT OF SUBSTITUTE MEMBERS OF COMMITTEES AND SUB-COMMITTEES

 

4.1        Allocation

 

As well as allocating seats on Committees, the Council will allocate seats  for substitute Members in accordance with 4.2 below.  As well as allocating seats on Sub-Committees, Committees will allocate seats in the same manner for Substitute Members. 

 

4.2        Number

 

For each Committee, the Council will appoint six substitutes for each political group.  For each Sub-Committee, Committees will appoint five substitutes for each political group.

No Councillor will be able to serve on the Planning and Licensing Committees without having agreed to undertake a minimum period of training on the policies, procedures, legislation and guidance relevant to the Committee as specified by the Committee.  This training should be completed to an agreed level according to an agreed programme within an agreed time period set by the Committee and must be refreshed annually.  If the specified training has not been completed by the due date, the Councillor will cease to be a Member/Substitute Member of the Committee until the training has been completed, unless there are exceptional circumstances.

 

Other than the induction training delivered to all new Members and Substitute Members of the Audit, Governance and Standards Committee, the Committee will identify its training requirements through an annual assessment of skills and knowledge and Members will undertake training as required.

 

 

4.3        Powers and duties

 

Substitute Members will have all the powers and duties of any ordinary Member of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting.

 

4.4        Substitution

 

Substitute Members may attend meetings in that capacity only:

 

(a)     if the substitution is notified when the first item is called on the agenda;

 

(b)     if the full Member arrives after the substitution has been made, s/he will forthwith resume his/her membership of the Committee or Sub-Committee and the substitute Member will forthwith cease to be a Member of the Committee and have the rights of a visiting Member for the remainder of the meeting;

 

(c)      if the full Member leaves before the conclusion of the meeting a substitution can be made if it has been notified at the first item called on the Committee agenda.

 

5.           VISITING MEMBERS

 

Any Councillor may attend any meeting of a Committee or Sub-Committee of which s/he is not a Member to speak on particular items provided s/he states his/her intention when the first item is called on each agenda, except for: the Employment Committee (and any of its panels or sub-committees); Licensing Committee (or its Sub-Committees): the Hearings Sub-Committee of the Audit, Governance and Standards Committee (when it is considering allegations of misconduct); or any other panel hearing or appeal.  Having spoken, the Councillor will not participate further unless the Chairman agrees, or it is on a motion that the Councillor moved at Council.

 

6.           TIME AND PLACE OF MEETINGS

The time and place of meetings will be determined by the proper officer and notified in the summons.

7.           NOTICE OF AND SUMMONS TO MEETINGS

The proper officer will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. At least five clear working days before a meeting (or if a meeting of a Committee or Sub-Committee is called at shorter notice, as soon as the meeting is called), the proper officer will publish on the Council's website and send a summons signed by him/her electronically to every Member of the Council (or on request by post or by leaving it at their usual place of residence/other address). The summons will give the date, time and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available. Where not all of the reports are available with the summons they will be posted on the Council's website as soon as they become available and e-mailed or posted to Councillors.



8.           CHAIRING THE MEETING

(a) The Mayor or in his/her absence the Deputy Mayor will preside at meetings of the Council;

(b) if both the Mayor and the Deputy Mayor are absent, the Councillors present at the meeting will choose another Councillor to preside.

(c) any power or duty of the Mayor to conduct a meeting including exercising a second or casting vote, may be exercised by the Councillor presiding at the meeting;

(d) if the Mayor or Deputy Mayor arrive after the start of the meeting the Councillor then presiding will vacate the chair and the Mayor or Deputy Mayor will take the chair.

(e) The ruling of the Mayor as to the application of these rules shall be final unless challenged by a Councillor who gains the support of two thirds of those Councillors present and voting.



9.           QUORUM

The quorum of a meeting will be one quarter of the whole number of Councillors provided that the quorum of a Committee is not less than four Councillors, other than the Urgency Committee which is not less than three Councillors, and the quorum of a Sub-Committee is not less than two Councillors (although some Panels and Sub-Committees may have a quorum of three). The quorum of the Cobtree Manor Estate Committee and the Queens Own Royal West Kent Regiment Committee shall be three Councillors.



10.        DURATION OF MEETING

(a)   Each unfinished meeting will adjourn at 10.30 pm unless a majority of Councillors present vote to extend the meeting to 11.00 pm at which time the meeting will stand adjourned;

 

(b)   The time and date of the continuation of the adjourned meeting will be decided by a majority of those Councillors present, or if no decision is reached, by the proper officer in consultation with the Mayor and group leaders/political group spokesmen, and it should normally take place within 10 working days of the meeting.



11.        PRESENTATION OF PETITIONS TO THE COUNCIL, COMMITTEES AND SUB-COMMITTEES

 

(a)     Subject to sub-paragraph (b) below all petitions received by the Council will be reported to the Council or to the appropriate Committee or Sub-Committee.

 

(b)     If so required by a signatory to a petition, it may be presented in person at meetings of the Council or a Committee or Sub-Committee, subject to compliance with the following procedure:-

 

(i)       The wording of a petition to be presented to the Council or to a Committee or Sub-Committee must be given in writing to the proper officer at least two weeks before the day of the meeting. The Mayor or the Chairman may at his/her discretion waive this requirement. Ward Members will be notified of the wording of petitions when received;

 

(ii)      Only petitions containing signatures of 100 persons living in the Borough will be eligible for submission to the Council or to a Committee or Sub-Committee but the Mayor or the Chairman may at his/her discretion waive this requirement;

 

(iii)    If a petitioner has submitted a petition of at least 100 signatures (or less if agreed by the relevant Chairman) requesting a senior officer of the Council to attend, give evidence and provide information on activities for which they are responsible to that Committee, then that senior officer will attend (a senior officer is the Chief Executive, Director, or Head of Service).

 

(iv)    Petitions must be presented to the proper officer at least one clear working day before the day of the meeting (i.e. two days) of the Council, Committee or Sub-Committee;

 

(v)            Normally no more than three petitions may be presented per meeting, but the Mayor or the Chairman may relax this restriction;

 

(vi)           Only one person may speak to a petition for a maximum of five minutes (or three minutes in the case of a petition to the Planning Committee). They should have signed the petition and be a supporter of the body submitting the petition. This may include someone acting for the petitioner in a professional capacity;

 

(vii)          (a) At a Council meeting, at the conclusion of the speech of the presenter, at the discretion of the Mayor and only when a factual briefing note has been prepared by the Officers on the issues set out in the petition, a debate will take place on the petition for up to a period of twenty minutes (or if the petition has 1,500 signatures, with no time limit on the debate) with the intention that the petition and the views of the Council will then be referred to the appropriate decision making body.  The debate will be subject to normal council debating rules with the exception that at the end of the debate no vote will be taken, but the petitioner will have an opportunity to speak for a further period of three minutes responding to the issues raised in the debate.

 

If the Mayor determines that it is inappropriate to debate the petition or if no factual briefing note has been prepared by Officers, then the petition will be:

 

·           referred without further discussion to the next ordinary meeting of the appropriate Committee or Sub-Committee when it will be included in the appropriate officer’s report;

 

·       considered at the meeting in conjunction with any report that has been placed on the agenda concerning the matter raised in the petition; or

 

·       considered at the meeting if it is felt that a factual briefing note is not necessary.

 

 (b)  For Committees or Sub-Committees at the conclusion of the speech of the presenter the petition will be:

 

·   referred without further discussion to the next ordinary meeting of the appropriate Committee or Sub-Committee when it will be included in the appropriate officer’s report;

 

·   considered at the meeting in conjunction with any report that has been placed on the agenda concerning the matter raised in the petition; or

 

·   considered at the meeting if Councillors feel that a report is not necessary.

 

(viii) The item relating to a petition will be placed on the agenda immediately following the minutes of the previous meeting of the Council, Committee or Sub-Committee;

 

(ix)    If more than one petition is notified to the proper officer to the same Council, Committee or Sub-Committee meeting, they shall rank in order of priority according to the time of notice given under (i) above;

 

(x)     No petition may be presented relating to an application for a licence;

 

(xi)    No petition may be presented to the Annual Meeting of the Council or the Audit, Governance and Standards Committee.

 

(c)     Petitions which are not to be presented in person at meetings of the Council, appropriate Committee, or Sub-Committee will be reported to that body.

 

(d)     Provision will be made for a facility to submit petitions electronically.

 

12.        QUESTIONS BY MEMBERS OF THE PUBLIC

12.1     General

At ordinary meetings of the Council members of the public may ask questions of the Chairman of any Committee provided written notice has been given in advance as set out below.

 

This question and answer session will be limited to one hour.  The Political Group Leaders will also have an opportunity to respond to the question.



12.2     Order of questions

Questions will be asked of the relevant Chairman in the order that notice of them was received, except that the Mayor may group together similar questions.



12.3     Notice of questions

A question may only be asked if notice has been given by delivering it in writing (including by electronic mail) to the proper officer no later than close of the office one clear working day (ignoring the date of the meeting i.e. two days) before the day of the meeting.  Each question must give the name and address of the questioner and must name the Councillor to whom it is to be put.



12.4     Number of questions

At any one meeting no person may submit more than one question.



12.5     Scope of questions

The proper officer may reject a question if in his/her opinion:

 

(a)     it is not about a matter for which the local authority has a responsibility or which affects the Borough;

 

(b)     it is defamatory, frivolous or offensive;

 

(c)      it requires the disclosure of confidential or exempt information (as described in the Access to Information Rules);

 

(d)     a member of the public seeking to ask a question has previously withdrawn questions on three consecutive occasions, any further question from that person will be refused unless that person confirms in writing that they will be attending the meeting to ask the question.  If that person does not attend the meeting after confirming they will do so, no further action will be taken with regard to that question.

 

(e)     the question has been asked at a previous meeting of the Council either in the exact or similar form and/or;

 

(f)      the Council has resolved the issue raised and the question has been brought to a close.



12.6     Record of questions

The proper officer will enter each question in a book open to public inspection and will immediately send a copy of the question to the Councillor to whom it is to be put. Rejected questions will include the reasons for rejection.

 

Copies of all questions will be circulated to all Councillors and will be made available to the public attending the meeting.



12.7     Asking the question at the meeting

The Mayor will invite the questioner to put the question to the Councillor named in the notice. If a questioner who has submitted a written question is unable to be present, they may ask the Mayor to put the question on their behalf. The Mayor may ask the question on the questioner’s behalf, indicate that a written reply will be given or decide, in the absence of the questioner, that the question will not be dealt with.



12.8     Supplementary question

A questioner who has put a question in person may also put one supplementary question without notice to the Councillor who has replied to his/her original question. A supplementary question must arise directly out of the original question or the reply. The Mayor may reject a supplementary question on any of the grounds in Rule 12.5 above or because it does not arise directly out of the question or reply.



12.9     Written answers

Any question which cannot be dealt with during public question time, either because of lack of time or because of the non-attendance of the Councillor to whom it was to be put, will be dealt with by a written answer, that is sent to the questioner.

 

All questions shall be responded to in writing and the response shall be published in the minutes of the meeting along with the question and placed upon the Council's website.



12.10 Reference of question to a Committee

Unless the Mayor decides otherwise, no discussion will take place on any question, but any Councillor may move that a matter raised by a question be referred to the appropriate Committee or Sub-Committee.  Once seconded, such a motion will be voted on without discussion.



13.        QUESTIONS BY COUNCILLORS

(a)     A Councillor may ask the Chairman of any Committee any question on:

 

(i)          any matter then under consideration by the Council (without written notice);

 

(ii)         the Council’s powers or duties or any matter which affects the Borough, if notice of the question in writing has been given to the proper officer by 10.00 am one clear working day prior to the date of the Council meeting (excluding the Annual Meeting) (for example, on Monday for a Wednesday meeting).
The proper officer will convey the question to the Chairman of that Committee.

(iii)        urgent business (the Mayor to decide if the matter is of sufficient urgency to be raised).

 

(b) Questions will not contain imputations of motives or reflections of a personal character on any member of the Council’s staff.

 

(c)     Every question will be put and answered without discussion in the order in which they have been received.

 

(d)     An answer may take the form of:

(i)      a direct oral answer; or

 

(ii)     where the desired information is contained in a publication of the Council, a reference to that publication; or

 

(iii)    where the reply to the question cannot conveniently be given orally, a written answer to the Councillor who asked the question and those Councillors who wish to receive a copy; or

 

(iv)       when requested in writing at the time of the submission of the question both a direct oral answer and a written answer to the Councillor asking the question.

 

(e)  The Councillor who raised the original question may ask one supplementary question on the subject of the original question.

 

(f)  The form and content of reply to an original or a supplementary question will be at the discretion of the Councillor giving the reply, unless in respect of an original question a written request has been received specifying a specific form of reply or replies. S/he may decline to give a full or any reply if in his/her opinion to do so would involve an unreasonable amount of labour or cost.

 

(g) The question and answer session will be limited to half an hour.



14.        MOTIONS ON NOTICE

 

14.1     Except for motions which can be moved without notice under Rule 15, written notice of every motion must be delivered to the proper officer not later than six clear working days before the meeting of the Council at which it is to be moved. Motions will be set out in the summons for the Council in the order received, with the names of the signatories unless the Councillor giving notice states, in writing, that they propose to move it at a later meeting or withdraw it.

 

14.2     Notices of motions will be entered in a book open to public inspection.

 

14.3     If a motion set out in the summons is not moved by a Councillor who gave notice or by another Councillor it will, unless postponed by the Council, be withdrawn.

 

14.4     If the subject of a motion comes within the province of any Committee(s) or Sub-Committee(s) it will, on being moved and formally seconded, be referred to the relevant Committee(s) or Sub-Committee(s), or to other such forum as the Mayor may determine, but before such referral the Notice of Motion will be debated at the Council meeting and the debate will be subject to the following controls:

 

(a)     The debate will be at the discretion and control of the Mayor; and

 

          (b)     Where possible Officers will provide a factual briefing note to assist Councillors in the debate.

 

         However the Mayor may, if s/he considers it convenient and conducive to the dispatch of business or to be of sufficient urgency, allow the motion to be dealt with at the Council meeting.

 

14.5     If the mover of the motion is not a member of Committee(s) or Sub-Committee(s) to which it has been referred s/he will be entitled to attend the meeting of the Committee(s) or Sub-Committee(s) to put forward his/her view but not vote on the matter or propose or second any motion or amendment.

 

14.6     Every motion must be relevant to the Council’s powers or duties or to a matter which affects the Borough.

 

14.7     Any motion which in the opinion of the proper officer after consultation with the Head of Legal Partnership is out of order, or illegal, will be submitted to the Mayor who will decide whether it is accepted and the proper officer will notify the Councillor(s) accordingly.

 

15.      MOTIONS WITHOUT NOTICE

 

The following motions may be moved without notice:

 

(a)         to appoint a chairman of the meeting at which the motion is moved;

 

(b)         in relation to the accuracy of the minutes;

 

(c)         to change the order of business in the agenda;

 

(d)        to refer something to an appropriate body or individual;

 

(e)         to appoint a Committee or Councillor arising from an item on the summons for the meeting;

 

(f)          to receive reports or adoption of recommendations of Committees or officers an any resolutions following from them;

 

(g)        to withdraw a motion;

 

(h)        to amend a motion;

 

(i)          to proceed to the next business;

 

(j)          that the question be now put;

 

(k)         to adjourn a debate;

 

(l)          to adjourn a meeting;

 

(m)       before the hour of 10.30 pm being reached to extend the meeting until 11.00 pm in accordance with Council procedure rule 10(a);

 

(n)        to suspend a particular Council procedure rule;

 

(o)         to exclude the public and press in accordance with the Access to Information Rules;

 

(p)         to not hear further a Councillor named under Rule 22.3 or to exclude them from the meeting under Rule 22.4;

 

(q)        to give the consent of the Council where its consent is required by this Constitution;

 

(r)          to extend the time limit for speeches;

 

(s)         to determine the time and date of the adjourned meeting in accordance with Council procedure rule 10(b); and

 

(t)          to put the motion in parts to the vote.

 

16.      RULES OF DEBATE

16.1     No speeches until motion seconded

No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.



16.2     Right to require motion in writing

Unless notice of the motion has already been given, the Mayor may require it to be written down and handed to him/her before it is discussed.

16.3     Seconder’s speech

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



 

16.4     Content and length of speeches

Speeches must be directed to the question under discussion or to a personal explanation or point of order. No speech may exceed three minutes without the consent of the Mayor, except when moving a motion submitted in accordance with rule 14 above, when the mover will be entitled to speak for five minutes, or except when a Group Leader is moving his/her Group’s budget proposals at the Budget Making Council, when the mover will be entitled to speak for ten minutes.



16.5     When a Councillor may speak again

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

 

 

(a)  to speak once on an amendment moved by another Councillor;

 

(b)  to move a further amendment if the motion has been amended since s/he last spoke;

 

(c)   if his/her first speech was on an amendment moved by another Councillor, to speak on the main issue (whether or not the amendment on which s/he spoke was carried);

 

(d)  in exercise of a right of reply;

 

(e)  on a point of order; and

 

(f)   by way of personal explanation.

 

16.6     Amendment to motions

(a)         An amendment to a motion must be relevant to the motion and will either be:

 

(i)          to refer the matter to an appropriate body or individual for consideration or reconsideration;

 

(ii)         to leave out words;

 

(iii)        to leave out words and insert or add others; or

 

(iv)       to insert or add words.

 

as long as the effect of (ii) to (iv) is not to negate the motion.

 

(b)         Only one amendment may be moved and discussed at any one time.  No further amendment may be moved until the amendment under discussion has been disposed of.

 

(c)         If an amendment is not carried, other amendments to the original motion may be moved.

 

(d)        If an amendment is carried, the motion as amended takes the place of the original motion.  This becomes the substantive motion to which any further amendments are moved.

 

(e)         If there are no further amendments the Mayor will put the substantive motion to the vote.



16.7     Alteration of motion

(a) A Councillor may when moving a motion of which s/he has given notice alter it with the consent of the meeting and the other signatories. The meeting’s consent will be signified without discussion.

 

(b) A Councillor may alter a motion which s/he has moved without notice with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion.

 

(c) Only alterations which could be made as an amendment may be made.



16.8     Withdrawal of motion

A Councillor may withdraw a motion which s/he has moved with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. No Councillor may speak on the motion after the mover has asked permission to withdraw it unless permission is refused.

16.9     Right of reply

(a) 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.

 

         (b) The mover of the amendment has a right of reply to the debate on his/her amendment (before the right of reply of the mover of the original motion).

 

(c) If an amendment is moved, the mover of the original motion has the right of reply at the close of the debate on the amendment, if s/he has spoken on it.



16.10 Motions which may be moved during debate

When a motion in under debate, no other motion may be moved except the following procedural motions:

 

(a)         to withdraw a motion;

 

(b)         to amend a motion;

 

(c)         to proceed to the next business;

 

(d)        that the question be now put;

 

(e)         to adjourn a debate;

 

(f)          to adjourn a meeting;

 

(g)        that the meeting continue until 11.00pm;

 

(h)        to exclude the public and press in accordance with the Access to Information Rules; or

 

(i)          to not hear further a Councillor named under Rule 22.3 or to exclude them from the meeting under Rule 22.4.

 



16.11 Closure motions

(a)         A Councillor may move, without comment, the following motions at the end of a speech of another Councillor:

 

(i)      to proceed to the next business;

 

                   (ii)     that the question be now put;

 

(iii)        to adjourn a debate; or

 

(iv)       to adjourn a meeting.

 

(b)         If a motion to proceed to next business is seconded and the Mayor thinks the item has been sufficiently discussed, s/he will give the mover of the original motion a right to reply and then put the procedural motion to the vote.

 

(c)         If a motion that the question be now put is seconded and the Mayor thinks the item has been sufficiently discussed, s/he will put the procedural motion to the vote.  If it is passed s/he will give the mover of the original motion a right to reply before putting his/her motion to the vote.

 

(d)        If a motion to adjourn the debate or to adjourn the meeting is seconded and the Mayor thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, s/he will put the procedural motion to the vote without giving the mover of the original motion the right of reply.




16.12 Point of order

A Councillor may raise a point of order at any time. The Mayor will hear them immediately. A point of order may only relate to an alleged breach of these Council Procedure Rules or the law.  The Councillor must indicate the rule or law and the way in which s/he consider it has been broken. The ruling of the Mayor on the matter will be final.



16.13 Personal explanation

A Councillor may make a point of personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the Councillor (whether or not made at the meeting) which may appear to have been misunderstood in the present debate. The ruling of the Mayor on the admissibility of a personal explanation will be final.



17.      LEADERS REPORT ON CURRENT ISSUES

17.1     At every Ordinary Meeting of the Council (except the Annual Meeting) after the Question and Answer session dealing with questions by Councillors, the Leader shall report to the Council on current issues.

17.2     The Leaders of every other Group shall then have the right to respond to the issues raised.

17.3     Each Group Leader may speak for up to five minutes.

17.4     After the Leader and the other Group Leader have spoken the Mayor will open the item to questions from Councillors for a period of fifteen minutes.

17.5     Questions to be asked by Councillors as set out in 17.4 above will be limited to those issues raised by the Leader and the other Group Leaders in their speeches.  Questions will be answered as directed by the questioner and will not require a response from all Group Leaders.  The Mayor will be the sole determinant of whether the question relates to the issues raised in these speeches.

18.      VOTING

18.1     Unless this Constitution (or the law) provides otherwise, any matter will be decided by a simple majority of those Councillors voting and present in the room at the time the question was put.

18.2     Mayor’s casting vote

If there are equal numbers of votes for and against, the Mayor will have a second or casting vote, regardless of whether s/he has used his/her first vote.  There will be no restriction on how the Mayor chooses to exercise a casting vote.



 

18.3     Show of hands

Unless a recorded vote is demanded under Rule 18.4, the Mayor will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.



18.4     Recorded vote

If five Councillors present at a Council meeting, three Councillors present at a Committee or two Councillors present at a Sub-Committee meeting demand it, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes.



18.5     Right to require individual vote to be recorded

Where any Councillor requests it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.

 

18.6     Recorded votes at budget meetings

Immediately after any vote is taken at a budget decision meeting of an authority there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

 

(a)         “budget decision meeting” means a meeting of the relevant body at which it —

 

(1)        makes a calculation (whether originally or by way of substitute) in accordance with any requirements of the Local Government Finance Act 1992; or

 

(2)        issues a precept under Chapter 4 of Part 1 of that Act,

 

(b)         references to a vote are references to a vote on any decision related to the making of the calculation or the issuing of the precept as the case may be.

18.7     Voting on appointments

If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of 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.



19.      MINUTES

19.1     Signing the minutes

The Mayor will sign the minutes of the proceedings at the next suitable meeting. The Mayor will move that the minutes of the previous meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.



19.2     No requirement to sign minutes of previous meeting at extraordinary meeting

Where in relation to any meeting, the next meeting for the purpose of signing the minutes is a meeting called under paragraph 3 of schedule 12 to the Local Government Act 1972 (an Extraordinary Meeting), then the next following meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of schedule 12 relating to signing of minutes.



19.3     Form of minutes

Minutes will contain all motions and amendments in the exact form and order the Mayor put them and shall record all questions and answers to questions from members of the public.



20.      RECORD OF ATTENDANCE

All Councillors present during the whole or part of a meeting must sign their names on the attendance sheets before the conclusion of every meeting to assist with the record of attendance.



21.      EXCLUSION OF PUBLIC AND RECORDING MEETINGS

Members of the public and press may only be excluded in accordance with the Access to Information Rules in Part 3 of this Constitution or Rule 24 (Disturbance by Public).

Members of the public attending meetings of the Council or any Committees may record such meetings in open session using whatever non-disruptive methods that they consider appropriate, including filming, photographing, audio recording and use of social media. Recording of any part of a meeting held in closed session is not permitted. Anyone filming a meeting is asked to focus only on those actively participating.

 

All attendees should be made aware that they may be filmed or recorded whilst attending a meeting and that attendance at the meeting signifies consent to this.

 

The Chairman of the meeting has the discretion to halt any recording for a number of reasons including disruption caused by the filming recording or transmission of such recording or the nature of the business being conducted.



22.      COUNCILLORS’ CONDUCT

22.1     Standing to speak

When a Councillor speaks at full Council they must usually stand and address the meeting through the Mayor. If more than one Councillor stands, the Mayor will ask one to speak and the others must sit. Other Councillors must remain seated whilst a Councillor is speaking unless they wish to make a point of order or a personal explanation.



22.2     Mayor standing

When the Mayor stands during a debate, any Councillor speaking at the time must stop and sit down. The meeting must be silent.



22.3     Councillor not to be heard further

If a Councillor persistently disregards the ruling of the Mayor by behaving improperly or offensively or deliberately obstructs business, any Councillor may move that the Councillor be not heard further. If seconded, the motion will be voted on without discussion.



22.4     Councillor to leave the meeting

If the Councillor continues to behave improperly after such a motion is carried, the Mayor may move that either the Councillor leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.



22.5     General disturbance

If there is a general disturbance making orderly business impossible, the Mayor may adjourn the meeting for as long as s/he thinks necessary, or may adjourn and re-convene elsewhere.



 

 

23.      DISCLOSURE OF INTERESTS

23.1     A Councillor with a Disclosable Pecuniary Interest or Other Significant Interest in a matter to be considered, or being considered at a meeting must:

(a)          disclose the interest; and

(b)         explain the nature of that interest at the commencement of that consideration or when the interest becomes apparent (subject to paragraph 23.3 below); and unless they have been granted a dispensation;

(c)         not participate in any discussion of, or vote taken on, the matter at the meeting unless they have been granted a dispensation; and

(d)        withdraw from the meeting room whenever it becomes apparent that the business is being considered; and

(e)         not seek improperly to influence a decision about that business.

 

23.2     A Councillor with an Other Significant Interest, may attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.  The Councillor will withdraw from the meeting room immediately after making representations, answering questions or giving evidence.

23.3     Where a Disclosable Pecuniary Interest or an Other Significant Interest has been agreed by the Monitoring Officer as being a Sensitive Interest, the Councillor need only disclose the existence of the interest but not its nature.

23.4     This Procedure Rule also applies to a Ward Councillor acting alone who discharges functions at ward level (if any).

24.      DISTURBANCE BY PUBLIC

24.1     Removal of member of the public

If a member of the public interrupts proceedings, the Mayor will warn the person concerned. If they continue to interrupt, the Mayor will order their removal from the meeting room.

 

24.2     Clearance of part of meeting room


If there is a general disturbance in any part of the meeting room open to the public, the Mayor may call for that part to be cleared and may adjourn the meeting and/or re-convene elsewhere.

 

25.      SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES

 

25.1     Suspension


All of these Council Rules of Procedure except Rules 18.5, 18.6, 19.2 and 22.2 may be suspended by motion on notice or without notice if at least one half of the whole number of Councillors are present and the majority present approve. Suspension can only be for the duration of the meeting.

25.2     Amendment


Any motion to add to, vary or revoke these Council Rules of Procedure will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, unless already on the agenda and shall be referred to the Democracy Committee for consideration in advance of the next ordinary Council meeting.

 

26.      PROVISIONS RELATING TO PLANNING COMMITTEE

 

26.1     Public speaking at Planning Committee meetings (Amended 2.8.06)

(a)     If a planning application is to be determined by the Planning Committee and a speaker wishes to address the Committee in respect of that application s/he must give notice of that request to the proper officer (the Head of Finance and Resources) by 4 p.m. on the working day before the relevant meeting.

(b)    The following speakers will be allowed to address the Committee for each planning application or enforcement matter (except exempt reports) in the following order.

 

Parished Areas

 

·

An Objector

}

A petitioner, or a representative of a Residents’ Association/ Amenity Group, or an individual objector

 

·

A representative of the appropriate Parish Councils

 

 

 

·

*The applicant or his/her representative

}

The applicant or his/her representative (including a supporter), or a petitioner, or a representative of a Residents’ Association/ Amenity Group

 

Non-Parished Areas

 

·

A representative of a Residents’ Association/Amenity Group

 

 

 

·

An Objector

}

A petitioner, or a representative of a second Residents’ Association/ Amenity Group, or an individual objector

 

·

*The applicant or his/her representative

}

The applicant or his/her representative (including a supporter), or a petitioner, or a representative of a second or third Residents’ Association/ Amenity Group

 

* The applicant or his/her representative would have priority.

         

In order to avoid repetition, a petitioner may present a petition but the appropriate speaker slot will be forfeited. A petitioner may speak for three minutes.

 

Each category of speaker will be limited to three minutes to address the Committee. s/he will not be allowed to ask a supplementary question, make a supplementary statement and will not be cross examined.  Also, no written material or photographs may be handed out at the meeting.

 

When more than one person wants to speak for or against a planning application or more than one amenity group/organisation or residents association wishes to speak for or against a planning application, the first person or group to register their wish to speak will be afforded that right. However, the proper officer shall keep a reserve list of speakers for each application. If, at the meeting the original speaker is not in attendance, a speaker from the reserve list, depending on if the original speaker was a supporter or objector, i.e. an objector replaces an objector, taken in the order which they registered their right to speak shall be invited to address the Committee.

 

Visiting Members may address the Planning Committee for three minutes on individual matters but should give the same notice of their intention to speak to the Head of Finance and Resources as members of the public.  If they do not do so, the application will not be brought forward on the agenda. 

 

         Visiting Members should sit away from the body of the Committee.

 

An objector or applicant may be represented by an agent at the Committee.



26.2    Deferral of planning decisions

It is likely that from time to time the Planning Committee will defer a decision to a future meeting of the Committee, in order to enable the officers to report back on any areas of concern raised by the Committee. Minor applications should only be deferred if there is a need for additional information or if there are disputed facts within the report, otherwise they should be determined as reported with the proviso that there may be occasions when the Planning Officers may seek deferral/withdrawal of/consideration of an application or to implement the agreed procedures for dealing with cases where they believe that the proposed reasons for refusal are unsustainable. On the second occasion that the matter is discussed at Committee a decision must be made.



26.3     Planning Decisions which have significant cost implications

(a)         If the Head of Planning and Development, on the advice of the Legal Officer present at the meeting, believes that the Planning Committees reasons to justify refusal/the imposition of conditions are not sustainable, the decision of the Planning Committee will be deferred to its next meeting.  The Committee itself may also agree to defer consideration of an application for the same reasons.

(b)         If, at that meeting, the Planning Committee votes to continue with a decision which it has been advised cannot be sustained at appeal and which could have  significant  cost implications for the Council’s budget, the Head of Planning and Development, on the advice of the Legal Officer present, will request Councillors to refer the consideration of the application to Part II of the meeting, to offer Councillors further advice on the legal and financial implications, and the likelihood of success at appeal.  If the Committee still decides to refuse the application/impose an unreasonable condition, the Head of Planning and Development will on the advice of the Legal Officer present, immediately after the vote has been taken, refer the application to the Planning Referrals Committee for determination.

 

VISITING MEMBERS –PLANNING COMMITTEE

(Minute 14 General Purposes Committee 13 June 1990)

 

In respect of the Planning Committee, if a visiting Member gives the requisite notification to the Head of Finance and Resources or his/her representative by 4.00 p.m. on the day preceding the meeting, the Chairman shall seek to give the relevant application some priority in the meeting, otherwise the application will be dealt with in the normal course of the meeting.



27.      APPLICATION TO COMMITTEES AND SUB-COMMITTEES

All of the Council Rules of Procedure apply to meetings of full Council.  Only Rules 3.1(b), 3.2, , 4-12, 18, 19.1, 19.2 and 20-24 apply to meetings of all Committees and Sub-Committees, and in this case references to the Mayor should be interpreted as ‘Chairman’.  Public questions at Committees shall be limited to half an hour at Committees and Sub-Committees under procedure rule 12.1.  Rule 26 applies to Planning Committee only.



 

28.      ELECTION OF COMMITTEE CHAIRMAN

(1)        Subject to the provision of the remainder of this Procedure Rule each newly appointed Committee will at its first meeting, before proceeding to any other business, elect a Chairman and a Vice Chairman for the remainder of the municipal year.

 

(2)        If there is an equality of votes for the election of Chairman at any meeting of a Committee the Committee may instead of the periods specified in sub-paragraph (3) below elect a Chairman for that meeting only. If a temporary Chairman cannot be elected the meeting will stand adjourned to later the same day or another time and date agreed by the Committee.

 

(3)        Subject to the provisions of sub-paragraph (2) above each Chairman and Vice Chairman of a Committee will hold office:

 

a.    During the residue of the term of office of the Committee of which s/he is the Chairman or Vice Chairman;

 

b.    Such shorter time as may be specified by the Committee; or

 

c.    During the pleasure of the Committee.

 

whichever period of time may be the shortest.

 

(4)        When a Chairman or Vice Chairman is appointed for a period of time pursuant to sub-paragraph (3)(b) above the Committee may appoint another Councillor(s) to take the chair for a period(s) of time immediately following the initial or subsequent period of office.



29.      REVIEW OF SERVICE COMMITTEE DECISIONS

 

(1)        When a decision is made by a Service Committee, any three Councillors may make a request in writing to the proper officer, within 5 working days of the decision being publishe[1]d, that the decision be referred to the Policy and Resources Committee, giving a written explanation of the reasons why to the proper officer.

 

(2)        The proper officer (the Chief Executive) may reject a referral, in consultation with the Chairman of Policy and Resources Committee, if in his/her opinion:

 

                                         i.    The matter is urgent and any delay would cause a significant loss or deficiency to the Council's funds or otherwise seriously prejudice the Council’s interests;

                                        ii.    The reasons given cannot reasonably justify the referral in the circumstances of the case; or

                                       iii.    It is defamatory, frivolous or offensive.

 

(3)     The proper officer shall notify the Chairman of the referral and shall arrange to place the matter on the agenda of the next scheduled meeting of the Policy and Resources Committee unless that is more than 10 working days away, in which case the proper officer may call a meeting of the Committee on such date as s/he may determine, where possible after consultation with the Chairman of the Committee, and in any case within 10 working days of receipt of the notice. 

 

(4)     Any Councillor making such a referral shall attend and shall be able to take part in the discussion and debate as a non-voting member of the Committee unless:

 

a.    the Councillor is already present as a full member of the Committee or a substitute member in which case the Councillor may also vote;

b.    the Councillor has a Disclosable Pecuniary Interest in the matter, in which case the Councillor must withdraw from the room pursuant to Procedure Rule 23 or has a dispensation and is invited to remain. 

 

(5)     The Policy and Resources Committee shall consider the matter; decide to endorse the original Committee decision; or may substitute a different decision in place of the decision of the Committee.  The decision of the Policy and Resources Committee on the matter shall be final.

 

(6)        Where Councillors wish to refer a decision of the Policy and Resources Committee (other than a decision which has been referred from another Committee and has been determined by Policy and Resources Committee) then any five Councillors may refer the matter to full Council by giving written notice in the same manner as set out above.

 

(7)        The Council shall consider the matter; decide to endorse the original Policy and Resources Committee decision; or may substitute a different decision in place of the decision of the Committee.  The decision of the Council on the matter shall be final.

 

(8)        In either case should new and relevant information come to light, or a more acceptable course of action be proposed which may resolve the matter to the satisfaction of the Committee, then a Committee Chairman, at the request of any three Councillors in writing, may choose whether to call another meeting of the original Committee to re-consider the decision within five working days of receipt of a referral. The referral to Policy and Resources Committee or the Council would then fall away and the matter would be treated as having been dealt with by the original service Committee. No further referral of the matter would be permitted.

 

MEETING OF MEMBERS WITH REPRESENTATIVES OF OUTSIDE BODIES

(Minute 195 of General Purposes Committee 21 March 1990)

 

Where a meeting is held with representatives of an outside organisation and reference is made to the actions or comments of a Member of the Council who is not present at that meeting, before including a note of the actions or comments in the Minutes of that meeting or accepting as correct any minutes prepared by the representatives of the outside organisation containing such a note, the relevant Director or duly authorised Officer shall verify the position with the Member concerned.


3.2              ACCESS TO INFORMATION PROCEDURE RULES

 

1.           SCOPE

 

These rules apply to all meetings of the Council, Committees, Panels and Sub-Committees (together called meetings).

 

Some meetings involve Councillors and officers; they may be briefings or agenda planning meetings and these are not open to the public nor are meetings of the political groups on the Council.

 

2.           ADDITIONAL RIGHTS TO INFORMATION

 

These rules do not affect any more specific rights to information given elsewhere in this Constitution or by the law.

 

3.           RIGHTS TO ATTEND AND RECORD MEETINGS

 

Members of the public may attend all meetings subject only to the exceptions in these rules.

 

Members of the public attending meetings of the Council and Committees in open session may record the meeting using whatever non-disruptive methods that they consider appropriate, including filming, photographing, audio recording and use of social media. Recording of any part of a meeting held in closed session is not permitted. Anyone filming a meeting is asked to only focus on those actively participating.

 

All attendees should be made aware that they may be filmed or recorded whilst attending a meeting and that attendance at the meeting signifies consent to this.

 

The Chairman of the meeting has the discretion to halt any recording for a number of reasons including disruption caused by the filming, recording or its transmission or the nature of the business being conducted.

 

Questions should be addressed to the Democratic Services Team at committeeservices@maidstone.gov.uk (members of the press should contact the Press Office).

 

4.           NOTICES OF MEETINGS

 

The Council will give at least five clear working days' notice of any meeting by posting details of the meeting at the offices of the Council unless the meeting is called at shorter notice, when details of the meeting will be posted as soon as it is called.

 

5.           ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING

 

The Council will make copies of the agenda and reports open to the public available for inspection at the designated office at least five clear working days before the meeting. If an item is added to the agenda later, the revised agenda will be open to inspection from the time the item was added to the agenda (where reports are prepared after the summons has been sent out, the designated officer shall make each such report available to the public as soon as the report is completed and sent to Councillors). Agendas and papers are available here: http://www.maidstone.gov.uk/council/meetings,-minutes-and-agendas

 .

6.           SUPPLY OF COPIES

 

The Council will supply copies of:

 

(a)         any agenda and reports which are open to public inspection;

 

(b)         any further statements or particulars necessary to indicate the nature of the items in the agenda; and

 

(c)         if the proper officer thinks fit, copies of any other documents supplied to Councillors in connection with an item

 

to any person on payment of a charge for postage and any other costs, or electronically without charge.

 

7.           ACCESS TO MINUTES ETC. AFTER THE MEETING

 

The Council will make available for public inspection copies of the following for six years after a meeting:

 

(a)         the minutes of the meeting (or records of decisions taken, together with reasons), excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information;

 

(b)         a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record;

 

(c)         the agenda for the meeting; and

 

(d)        reports relating to items when the meeting was open to the public.

 

8.           BACKGROUND PAPERS

 

8.1       List of background papers

 

The author of a report will set out in every report which is not confidential or exempt a list of those documents (called background papers) relating to the subject matter of the report and where they can be inspected which in his/her opinion:

 

(a)         disclose any facts or matters on which the report or an important part of the report is based; and

 

(b)         which have been relied on to a material extent in preparing the report

 

but this does not include published works or those which disclose exempt or confidential information (as defined in Rule 10).

 

8.2       Public inspection of background papers

 

The Council will make available for public inspection for four years after the date of the meeting a copy of each of the documents on the list of background papers.

 

9.           SUMMARY OF PUBLIC’S RIGHTS

 

A written summary of the public’s rights to attend meetings and to inspect and copy documents must be kept at and be available to the public at the Council’s main offices.

 

10.       EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS

 

10.1    Confidential information – requirement to exclude public

 

The public must be excluded from meetings whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that confidential information would be disclosed.

 

10.2    Exempt information – discretion to exclude public

 

The public may be excluded from meetings whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that exempt information (see below) would be disclosed.

 

Where a meeting will determine any person’s civil rights or obligations, or adversely affect their possessions Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6, or the person who is the subject of the hearing requests that the matter is determined in private.

 

10.3    Meaning of confidential information

 

Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure, or information which cannot be publicly disclosed by Court Order.

 

10.4    Meaning of exempt information

 

Exempt information means information falling within the following categories:

 


 

Category

1             Condition

1.   Information relating to any individual.

Information is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

2.   Information which is likely to reveal the identity of an individual.

 

3.   Information relating to the financial or business affairs of any particular person (including the authority holding that information).*

 

4.   Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and any employees of, or office holders under, the authority.

 

5.   Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

6.   Information which reveals that the authority proposes:-

a)    to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

b)    to make an order or direction under any enactment.

 

7.   Information relating to any action taken or to be taken in connection with the prevention investigation or prosecution of crime.

 

 

*        Information is not exempt under paragraph 3 if it is required to be registered at Companies House or on any other public register.

 

Information falling within any of paragraphs 1-7 is not exempt by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992.

 


11.       EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS

 

If the proper officer thinks fit, the Council may exclude access by the public to reports which in his/her opinion relate to items during which, in accordance with Rule 10, the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed.

 

12.       ADDITIONAL RIGHTS OF ACCESS FOR COUNCILLORS

 

All Councillors will be entitled to inspect any document which is in the possession or under the control of the Council or its Committees where they are able to demonstrate a "need to know" to the satisfaction of the Monitoring Officer or his/her Deputy.

 

Nature of rights

 

These rights of a Councillor are additional to any other right he may have, for example a subject access right under the Data Protection Act.

 

COUNCILLORS RIGHTS TO INSPECT DOCUMENTS AND TAKE COPIES

(Minute 12 Council Meeting 16 October 1996)

 

          In addition to Members’ other rights, all documents of the Council should be available and open for inspection and copying by all Members, provided either that the documents do not disclose exempt information as described in Schedule 12A to the Local Government Act 1972, or that the Member has a need to know the information contained in the document and has made a written declaration stating why inspection of the documents is necessary for the performance of their duties as a Councillor, provided that access to the document will not be given if to do so would be a breach of the Data Protection Act or other legislation;

 

          That all information obtained from an inspection and any copy document received shall be treated as confidential to the Member and shall be for his/her use as a Member of the Council only unless the Chief Executive, Director or duly authorised Officer concerned agrees at the time of inspection or supply of copy documents that this restriction can be relaxed; and

 

          That in the event of the Chief Executive, Director or duly authorised Officer not agreeing that the restriction can be relaxed, the Member concerned shall have the right to require the matter to be referred to the relevant Committee and, if necessary, to the Council for final determination.

 

 

 


3.3  Maidstone Youth Forum Procedure Rules

 

1.         Operation of the Maidstone Youth Forum

 

            The way in which the Maidstone Youth Forum operates is set out in the Maidstone Youth Forum Constitution, as agreed by members of the Forum.  This includes, but is not limited to, the following issues:

 

·               Membership

·               Budget

·               Voting

·               Work Programming

·               Meeting Arrangements

 

2.         Reports from the Maidstone Youth Forum

 

(a)       Once it has formed recommendations on proposals, the Maidstone Youth Forum will prepare a formal report and submit it to the proper officer for consideration by the Policy and Resources Committee, or to the Council as appropriate (eg. if the recommendation would require a departure from or a change to the agreed budget or policy framework).

 

(a)             The Committee/Council shall consider the report of the Maidstone Youth Forum within one month of it being submitted to the proper officer (Head of Finance and Resources)

 

3.         Protocol for Dealing with the Maidstone Youth Forum Reports Submitted to the Policy and Resources Committee

 

(a)         Reports from the Maidstone Youth Forum will be submitted to the Policy and Resources Committee as a whole if the issue is cross-cutting.

 

(b)         When a report is submitted to the members of the Policy and Resources Committee, the Leader of the Council will assume responsibility for co-ordinating the response.

 

(c)         If the Policy and Resources Committee substantively accepts the recommendations of the Maidstone Youth Forum it will respond in writing usually within four weeks of receiving the report.  If the response period falls within or shortly after a significant holiday period or an election then the period may (with the consent of the Maidstone Youth Forum) be extended in order to give the Policy and Resources Committee sufficient time to consider the report.

 

(d)        If members of the Policy and Resources Committee in considering the report do not substantively accept the recommendations, the Policy and Resources Committee will debate the issue and the Leader will subsequently respond in writing to the Maidstone Youth Forum, giving the reasons why, as soon as possible after the meeting.

 

(e)         The Maidstone Youth Forum will then consider the response as its next meeting and may request the Leader or another member nominated by him/her to attend the meeting.  It will then forward any comments it may have on the response to the Policy and Resources Committee for consideration.  Having considered the comments of the Forum, the Policy and Resources Committee will then formally adopt their response at their next meeting.

 

(f)          If the recommendations of the report have a significant impact on the policy framework or budget, it will be necessary for the report of the Maidstone Youth Forum to be submitted to full Council together with the response of the Policy and Resources Committee.  The Council will then determine the issue.

 

 

 


3.4  MAIDSTONE CRIME AND DISORDER REDUCTION PARTNERSHIP PROCEDURE RULES

 

Introduction

 

The Crime and Disorder Act 1998 requires various 'Responsible Authorities' to work together to develop and implement a Crime and Disorder Reduction Strategy for the area as well as a strategy for combatting the misuse of drugs, alcohol and other substances and a strategy for reducing re-offending.  The Responsible Authorities are the Council, along with:

 

·                     Kent County Council;

·                     Kent Police and Crime Commissioner;

·                     Kent Chief Constable;

·                     Kent Fire and Rescue Authority;

·                     Clinical Commissioning Groups; and

·                     Probation providers

 

In exercising their functions the Responsible Authorities must also co-operate with various other bodies, known as 'Co-operating Authorities' including:

 

·                     Parish Councils

·                     NHS Trusts/NHS Foundation Trusts

·                     Governing bodies of schools

·                     Proprietors of independent schools

·                     Governing bodies of an institution

·                     Social landlords

 

The Safer Maidstone Crime and Disorder Reduction Partnership fulfils this function. 

 

Every local authority must also establish a committee with responsibility for Crime and Disorder matters that has the power to:

 

·                    Review decisions made or action taken by the Responsible Authorities in connection with their crime and disorder functions; and

·                    Make reports or recommendations to the authority with regard to the discharge of these functions.

 

The Council has adopted the following rules and protocols for when the Communities, Housing and Environment Committee exercises the crime and disorder functions.

 

1.      This document assumes:

 

·      The continued operation of the Police and Justice Act 2006;

·      The continued existence of a Crime and Disorder Committee function within the Maidstone Borough Council Communities, Housing and Environment Committee;

·      The existence of a Crime and Disorder Reduction Partnership for the Borough of Maidstone (currently the Safer Maidstone Partnership);

·      A partnership approach, working with responsible authorities within the Borough (and, where appropriate, beyond) as a “critical friend”.

 

2.      The purpose of this document is to ensure effective interaction between the Safer Maidstone Partnership and the Crime and Disorder Committee to:

 

·         Enhance the public accountability of the Safer Maidstone Partnership;

·         Establish acceptable and appropriate ways of working between the two bodies; and

·         Develop and maintain a positive working relationship for the benefit of the residents of the Borough of Maidstone.

 

3.      The protocols are based on the following principles: