RESPONSIBILITY FOR FUNCTIONS

1. RESPONSIBILITY FOR LOCAL CHOICE FUNCTIONS

FUNCTION	DECISION MAKING BODY	MEMBERSHIP	DELEGATION OF FUNCTIONS
Any function under a local Act	Council	All Members of the authority	Maidstone Borough Council Act 2006 functions Head of Environment and Public Realm
The determination of an appeal against any decision made by or on behalf of the authority: (a) where there is a statutory appeals procedure� (b) relating to the granting of a licence	Council Council	All Members of the authority All Members of the authority	Appeals Committee Licensing Committee
The conducting of best value reviews in accordance with the provisions of any order for the time being having effect under Section 5 (best value review) of the Local Government Act 1999	Executive	Leader and Cabinet	Chief Executive to appoint working groups of officers to undertake best value reviews
Any function relating to contaminated land	Executive	Leader and Cabinet	Director of Regeneration� and Communities/Head of Housing and Community Services
The discharge of any function relating to the control of pollution or the management of air quality	Executive	Leader and Cabinet	Director of Regeneration� and Communities/Head of Housing and Community Services

FUNCTION	DECISION MAKING BODY	MEMBERSHIP	DELEGATION OF FUNCTIONS
The service of an abatement notice in respect of a statutory nuisance	Executive	Leader and Cabinet	Director of Regeneration� and Communities/Head of Housing and Community Services
The passing of a resolution that Schedule 2 to the Noise and Nuisance Act 1993 should apply in the authority�s area	Executive	Leader and Cabinet	Director of Regeneration� and Communities/Head of Housing and Community Services
The inspection of the authority�s area to detect any statutory nuisance	Executive	Leader and Cabinet	Director of Regeneration� and Communities/Head of Housing and Community Services
The investigation of any complaint as to the existence of a statutory nuisance	Executive	Leader and Cabinet	Director of Regeneration� and Communities/Head of Housing and Community Services
The obtaining of information under Section 330 of the Town and Country Planning Act 1990	Executive	Leader and Cabinet	Chief Executive/Head of Planning and Development

FUNCTION	DECISION MAKING BODY	MEMBERSHIP	DELEGATION OF FUNCTIONS
The obtaining of particulars of persons interested in land under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (b) Provisions) Act 1976	Executive	Leader and Cabinet	Directors /Heads of Service to exercise all powers
The appointment of any individual (a) to any office other than an office in which he is employed by the authority; (b) to any body other than (i) the authority (ii) a joint committee of two or more authorities; or (c) to any committee or sub-committee of such a body, and the revocation of any such appointment.	Council		N/A
The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities.	Council		Chief Executive

(Amended Sept06)

2. RESPONSIBILITY FOR COUNCIL FUNCTIONS�

COMMITTEE AND

MEMBERSHIP

FUNCTIONS

DELEGATION OF FUNCTIONS

Planning Committee

13 Members of the authority

(NB members and substitute members of Licensing Committee and Licensing Act 2003 Committee cannot be members of Planning Committee)

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 2000 (the Functions Regulations)

As detailed in the appendix to Part 3 of the Constitution

The Chief Executive/Head of Planning and Development have 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 Member or political group spokesperson of the Planning Committee and the Member has requested Committee consideration. The request for the application to be heard by Planning Committee should be made within a period of twenty one days of the receipt of a notice advising them of the application.� In the case of political groups spokespersons, the request must be made within twenty one days of the applications received being published on the Council�s website which will be on a daily basis. Additionally, if a Member requests that an application is determined by Committee, that member 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.

(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.

The Chief Executive/Head of Planning and Development have delegated power to undertake all functions relating to planning enforcement.

COMMITTEE AND

MEMBERSHIP

FUNCTIONS

DELEGATION OF FUNCTIONS

Planning Committee

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

The Chief Executive/Head of Planning and Development have delegated authority to 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 Members
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
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.

Planning Referrals Committee

(3 Members of the Authority, (one from each political group) (excluding Members and Substitute Members� of the Planning Committee)

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

N/A

COMMITTEE AND

MEMBERSHIP

FUNCTIONS

DELEGATION OF FUNCTIONS

Licensing Committee

(NB members and substitute members of planning committee cannot be members of Licensing Committee)

Licensing � Functions relating to licensing as set out in Schedule 1 to the Functions Regulations.

As detailed in the Appendix to Part 3 of the Constitution.� (Except those functions which are the responsibility of the Licensing Act 2003 committee)

All 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 charges, consideration of appeals against any licence and the making of an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption which are the responsibility of the Licensing Committee

Licensing Act 2003 Committee

NB members and substitute members of planning committee cannot be members of Licensing Act

2003 Committee)

(must comprise 10-15 members of the Authority)

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

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

All matters where a �Relevant Representation�,(including and objection or objection notice) (Licensing) or a �Relevant� Representation� (Gambling) has been made will be dealt with by the Licensing Act 2003 Sub Committee. Cancellation of club gaming / club machine permits. Counter notice to temporary use notice will be dealt with by the Licensing Act 2003 Sub Committee. 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.

Employment and Development Panel 12 Members of the authority (including at least two members of the Executive)

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) To consider all other matters concerning the terms and conditions of service of the post of Chief Executive, and to �� recommend accordingly the Council.

d) Power to determine terms and conditions on which staff hold office (including procedures for their dismissal.)

e) To hear and determine appeals under the disciplinary procedures for staff on the JNC Conditions of Service for Chief Officers of Local Authorities

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)� To act as an investigatory committee in disciplinary matters for staff on JNC Conditions of Service for Chief Officers of Local Authorities

Sub Committee comprising 5 Members

Sub Committee comprising 3 Members

Sub Committee comprising 5 Members (who must be different from those comprising the sub committee under (e) above

h)�� To advise the Cabinet Member for Corporate Services and the Head of Human Resources Shared Service on Member development priorities where appropriate.

i)�� 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.

A sub committee comprising of 8 Members of the Authority and 8 Trade Union Representatives (6 representatives from UNISON, 1 representative from TGWU and 1 representative from GMB

Group of Members to Receive the Report of an Independent Person

All issues relating to the receipt of the independent person�s report except any decision to dismiss the Head of Paid Service which must be approved by Council

N/A

COMMITTEE AND

MEMBERSHIP

FUNCTIONS

DELEGATION OF FUNCTIONS

Standards Committee

9 Members and 2 non-voting Members of Parish Councils wholly or majorly in the Councils area.� The Standards Committee will have 3 substitutes (one from each political group).

(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 Code of Conduct.

(c) To monitor and advise the Council about the operation of its Code of Conduct in the light of best practice, and changes in the law,

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

(e) To ensure that all Members of the Council have access to training in all aspects of the Member Code of Conduct, that this training is actively promoted, and that Members are aware of the standards expected from local Councillors under the Code.

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

(g)Grant of dispensations to members with disclosable pecuniary interests and other significant interests.

N/A

�

Complaints to be dealt with by the Monitoring Officer in consultation with the Independent Person, save that if 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 by a Sub-Committee of the Standards Committee comprising 3 Members of the Standards Committee (plus 1 non-voting parish representative when a parish councillor is the subject of the complaint). The Sub-Committee to be appointed by the Monitoring Officer in consultation with the Chairman of Standards Committee

Monitoring Officer (in certain circumstances � see Article 12.03)

Audit Committee

5 Members of the Authority and 1 non-voting Independent Co-opted Member

See Article 6A of the constitution

N/A

General Purposes Group

6 Members of the Authority

1. 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.

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

3. To be responsible for the appointment of the Independent Remuneration Panel for Members� Allowances.

4. To consider matters relating to the Mayoralty where appropriate.

5. To approve the Council Tax Base.

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

COUNCIL		FUNCTION	DELEGATION
Council All Members of the authority		Health and Safety � Functions relating to health and safety under any �relevant statutory provision� within the meaning of Part I of the Health and Safety at Work Act 1974 to the extent that those functions are discharged otherwise than in the Council�s capacity as an employer.	All functions delegated to the Director of Regeneration and Communities/Head of Housing and Community Services
Council All Members of the Authority		Functions relating to elections 1. Duty to appoint an electoral registration officer.	On recommendation of General Purposes Group
		2.� Power to assign officers in relation to functions of the registration officer.	Electoral Registration Officer
		3.� Functions in relation to parishes and parish councils.	Electoral Registration Officer
		4.� Power to dissolve small Parish councils.	Electoral Registration Officer to consult
		5.� Power to make orders for grouping parishes, dissolving groups and separating parishes from groups.	Electoral Registration Officer to consult
		6.� Duty to appoint returning officer for local government elections.	On recommendation of General Purposes Group
		7.� Duty to provide assistance at European Parliamentary elections.	Returning Officer
		8.� Duty to divide constituency into polling districts.	Electoral Registration Officer
		9.� Power to divide electoral divisions into polling districts at local government elections.	Electoral Registration Officer
		10.� Powers in respect of holding of elections.	Electoral Registration Officer
		11.� Power to pay expenses properly incurred by electoral registration officers.	Electoral Registration Officer
		12.� Power to fill vacancies in the event of insufficient nominations.	Returning Officer
		13.� Duty to declare vacancy in office in certain cases.	Returning Officer
		14.� Duty to give public notice of a casual vacancy.	Returning Officer
		15.� Power to make temporary appointments to parish councils.	Returning Officer
		16.� Power to determine fees and conditions for supply of copies of, or extracts from, elections documents.	Returning Officer
		17.� Power to submit proposals to the Secretary of State for an Order under Section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.	Returning Officer
	Council All Members of the Authority	Function relating to name and status of areas and individuals 1.� Power to change the name of the Council.	N/A
		2.� Power to change the name of a Parish.	N/A
		3.� Power to confer title of honorary alderman or to admit to be an honorary freeman.	N/A
		4. Power to petition for a charter to confer Borough status.	N/A
		Power to make, amend, revoke or re-enact byelaws�	N/A
		Power to promote or oppose local or personal Bills�	N/A
		Functions relating to pensions etc. 1.� Functions relating to local government pensions, etc.	Head of Human Resources Shared Service
		Miscellaneous provisions 1. Duty to approve authority�s statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be).	Audit Committee
		2. Power to make standing orders (Procedure Rules)	On recommendation of General Purposes Committee
		3. Power to appoint staff	Chief Executive
		4. Power to make standing orders (Procedure Rules) on contracts.	On recommendation of General Purposes Committee
		5. Power to make payments or provide other benefits in case of maladministration etc.	Delegated to the Chief Executive up to �1000.

	6. Duty to make arrangements for proper administration of financial affairs etc.	N/A
	7. Power to appoint officers for particular purposes (appointment of� �proper officers�)	Chief Executive
	8.� Power to make closing order with respect to take-away food shops.	Licensing Committee
	9.� Duty to designate officer as the head of the authority�s paid service, and to provide staff, etc.	N/A
	10. Duty to designate officer as the Monitoring Officer and provide staff etc.	N/A
	11. Powers relating to the protection of important hedgerows.	Planning Committee
	�12. Powers relating to the preservation of trees.	Planning Committee

4. RESPONSIBILITY FOR FUNCTIONS RELATING TO OFFICERS

Officer Responsibility

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 on pages 70-78, having authority to act on all such matters (including the authorisation of legal proceedings and the issue and service of notices), 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 Member decision making individual or body:

The Head of Planning and Development, Head of Legal Services, 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 authorise any other officer of the Council to exercise their delegated functions on their behalf.� This may be evidenced in an officer�s job description.

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, the appropriate Cabinet Member or the Leader of the Council.�

(Amended Sept06)

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 their Department or other Directorates.� The Chief Executive may undertake any decision in respect of these services as required.

The provision of policy advice to the Council and the Executive, 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 and Executive has advice on the establishment and structure needed to carry out efficiently the work of the Council.

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.

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.

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

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

The development of beneficial relations between Members and officers of the Council.

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.

Provision of advice to the Cabinet on the implementation of the Best Value process.

The preparation and submission to the Cabinet of the draft Sustainable Community Strategy and upon approval by Council, the implementation of the Plan.

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

To hear and determine appeals, in consultation with the Leader of the Council and the Leader of the Opposition (or their nominated representatives) who will attend the appeal hearing, under the Grievance, Capability or Disciplinary (Level 4) Procedures for all categories of employees except those staff on JNC Conditions of Service for Chief Officers of Local Authorities.

Head of Policy and Communications

(1) Ensuring the smooth, efficient and transparent operation of the Overview and Scrutiny process.

(2) To deal with stage 2 complaints.

(3) Implementation of the Council�s Performance Management System.�

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

(5)�� Responsibility for a Communications Strategy.

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

(7) The provision of Facilities for Members.

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

(9) The servicing of the Executive, its Committees, and the decision making process of individual Cabinet Members.

(10) The provision of a switchboard and contact centre service.

(11) The development and implementation of the Council�s Customer Care Strategy

(12) To be responsible for Corporate Governance.

(13) To be responsible for Equalities.

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

(15) Management of the Council�s reception/Gateway.

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) To be responsible for taking action to remove gipsies from non-Council owned land.

(5) The responsibility for the Council�s local land charges service.

(6) The provision of 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) Policy and strategic advice to Members and Council officers on all the above.

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

(12) 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.

(13) 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.

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

(15) Enforcement of building regulations.

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

DIRECTOR OF REGENERATION AND COMMUNITIES

The Director has responsibility for the provision of the following services.� The Director of Regeneration and Communities may undertake 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.

Head of Commercial and Economic Development

(1) Implementation of the Economic 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.

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

(12) Management of the Lockmeadow Market.

Head of Finance and Resources

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

(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.

(8) Provision of a printing service.

(9) Business improvement.

(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 Members 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.

(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 and liaison with the Environmental Agency on flooding and related matters.

(i) Advice on procurement services

(12)�� Acquisition and disposal of land and buildings.

(13)�� The maintenance of all general fund properties.

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

(15)�� The provision of a property advisory service.

(16)�� The management of all non-operational properties.

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

Head of Housing and Community Services

(1) Responsibility for all aspects of community safety.

(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 provision of advice on the development of policies on social inclusion community development and community planning.

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

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

(8) The 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) To be responsible for the management of Gypsy 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 Department of the Environment, Transport and the Regions.

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

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

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

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

(17) Responsibility for Sustainable Community Strategy

(18) Responsibility for all licensing functions (not otherwise delegated or prohibited).

(19) Responsibility for all gambling functions (not otherwise delegated or prohibited).

(20) The responsibility for pollution control including noise, air, land, water and private drainage.

(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 responsibility for the hygiene and control of food including the provision of safe food, control of standards, meat inspection and education.

(23) The responsibility for the control of infectious diseases, etc.

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

(25) To be responsible for the enforcement of the Sunday Trading Act 1994.

(26) Responsibility for road closure orders.

(27) The provision of advice and the taking of actions to further the aim of sustainability and Local Agenda 21 both internally within the Council and externally throughout the Borough.

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

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.

Responsibility for Emergency Plan Function

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

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

Undertaking consultation concerning, and the making of, traffic regulation orders.

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.

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 control.

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

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

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

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

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

(7) The responsibility for running a Unified Direct Labour Organisation (DLO).

(8) 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.

(9) To be responsible for the Enforcement of Street Trading Legislation (including the Maidstone Borough Council Act 2006).

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

(11) To be responsible for the Council�s Emergency Response Service.

(12) Responsibility for a pest control service.

DIRECTOR OF MID KENT SERVICES

The Director of Mid Kent Services has responsibility for the provision of the following services.� The Director may undertake any function in respect of these services as required.

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 2003 (amended 2006).

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

Head of Human Resources Shared Service

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

(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 Members of the Council, and advising on pension matters.

(6)�� Ensuring the appropriate development of Members 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.

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.

Head of Legal Services

(1)�� The provision of advice to Members 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 the Executive and the Council on the operation of the Constitution.

(4) Dealing with the Local Government Ombudsman.

(5) All Monitoring Officer duties.

(6) The issue of legal proceedings on behalf of the Council.

(7) The authorisation of Council officers to appear on behalf of the Council in legal proceedings.

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.

APPENDIX

(As referred to in the tables at

Section 2 of this Part of the Constitution)

LIST OF NON-EXECUTIVE FUNCTIONS

A. Functions relating to town and country planning.

1. Powers and duties relating to local development documents which are development plan documents.

2.�� Power to agree to establish a joint committee to be, for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004, a local planning authority.

3.�� Power to agree to confer additional functions on a joint committee.

4.�� Power to request the dissolution of a joint committee.

5. Power to determine applications for planning permission.

6. Power to determine applications to develop land without compliance with conditions previously attached.

7. Power to grant planning permission for development already carried out.

8. Power to decline to determine application for planning permission.

9. Duties relating to the making of determinations of planning applications.

10. Power to determine application for planning permission made by a local authority, alone or jointly with another person.

11. Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights.

12. Power to enter into agreement regulating development or use of land.

13. Power to issue a certificate of existing or proposed lawful use or development.

14. Power to serve a completion notice.

15. Power to grant consent for the display of advertisements.

16. Power to authorise entry onto land.

17. Power to require the discontinuance of a use of land.

18. Power to serve a planning contravention notice, breach of condition notice or stop notice.

19. Power to issue an enforcement notice.

20. Power to apply for an injunction restraining a breach of planning control.

21. Power to determine applications for hazardous substances consent, and related powers.

22. Power to require proper maintenance of land.

23. Power to determine application for listed building consent, and related powers.

24. Power to determine applications for conservation area consent.

25. Duties relating to applications for listed building consent and conservation area consent.

26. Power to serve a building preservation notice, and related powers.

27. Power to issue enforcement notice in relation to demolition of unlisted building in conservation area.

28. Powers to acquire a listed building in need of repair and to serve a repairs notice.

29. Power to apply for an injunction in relation to a listed building.

30. Power to execute urgent works.

B. Licensing and registration functions (insofar as not covered by any other paragraph of this Schedule)

1. Power to issue licences authorising the use of land as a caravan site (�site licences�).

2. Power to license the use of moveable dwellings and camping sites.

3. Power to license hackney carriages and private hire vehicles.

4. Power to license drivers of hackney carriages and private hire vehicles.

5. Power to license operators of hackney carriages and private hire vehicles.

6.�� Power to register pool promoters (as saved by Gambling Act Order).

7.�� Power to grant track betting licences (as saved by Gambling Act Order).

8.�� Power to license inter-track betting schemes (as saved by Gambling Act Order).

9.�� Power to grant permits in respect of premises with amusement machines (as saved by Gambling Act Order).

10.�� Power to register societies wishing to promote lotteries (as saved by Gambling Act Order).

11.�� Power to grant permits in respect of premises where amusements with prizes are provided (as saved by Gambling Act Order).

12.�� Not used.

13.�� Not used.

14.�� Not used.

14A�� Functions relating to licensing contained in Sections 5 to 8 of the Licensing Act 2003.

14AA� Duty to comply with requirement to provide information to Gambling Commission.

14AB� Functions relating to the exchange of information.

14AC� Functions relating to occasional use notices.
14B�� Power to resolve not to issue a casino premises licence.
14C�� Power to designate officer of a Licensing Authority as an authorised person.

14CA� Power to make Order disapplying Section 279 or 282(1) of the Gambling Act in relation to specified premises.

14D�� Power to institute criminal proceedings.
14E�� Power to exchange information under Section 350 of the 2005 Act.
14F�� Determination of fees for premises licences.

14G�� Functions relating to the registration and regulation of small society lotteries.

a. Power to license sex shops and sex cinemas.

b. Power to license performances of hypnotism.

c. Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.

d. Power to license pleasure boats and pleasure vessels.

e. Power to license street trading.��

20.�� Not used.

21. Power to license dealers in game and the killing and selling of game.

22. Power of register and license premises for the preparation of food.

23. Power to license scrap yards.

24. Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.

25 Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.

26 Power to issue fire certificates.

27 Power to license premises for the breeding of dogs.

28 Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.

29 Power to register animal trainers and exhibitors.

30 Power to license zoos.

31 Power to license dangerous wild animals.

32 Power to license knackers� yards.

33 Power to license the employment of children.

34 Power to approve premises for the solemnisation of marriages.

35 Power to license persons to collect for charitable and other causes.

36 Power to grant consent for the operation of a loudspeaker.

37 Power to grant a street works licence.

38 Power to issue licences for the movement of pigs.

39 Power to license the sale of pigs.

40 Power to license collecting centres for the movement of pigs.

41 Power to issue a licence to move cattle from a market.

41A.�� Power to grant permission for provision etc. of services, amenities, recreation and refreshment facilities on highway, and related powers.

41B.�� Duty to publish notice in respect of proposal to grant permission under Sections 115E of the Highways Act 1980.

42 Power to approve meat product premises.

43 Power to approve premises for the production of minced meat or meat preparations.

44 Power to approve dairy establishments.

45 Power to approve egg product establishments.

46 Power to issue licences to retail butchers� shops carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready-to-eat foods.

47 Power to approve fish products premises.

48 Power to approve dispatch or purification centres.

49 Power to register fishing vessels on board which shrimps or molluscs are cooked.

50 Power to approve factory vessels and fishery product establishments.

51 Power to register auction and wholesale markets.

52 Duty to keep register of food business premises.

53 Power to register food business premises.

54 Power to make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption.

C.�� Functions Relating to Health and Safety at Work

�� Health and Safety � Functions relating to health and safety under any �relevant statutory provision� within the meaning of Part I of the Health and �� Safety at Work Act 1974 to the extent that those functions are discharged otherwise than in the Council�s capacity as an employer.

D.�� Functions Relating to Elections

1.�� Duty to appoint an electoral registration officer.

2.�� Power to assign officers in relation to requisitions of the registration officer.

3.�� Functions in relation to parishes and parish councils.

4.�� Power to dissolve small parish councils.

5.�� Power to make orders for grouping parishes, dissolving groups and separating parishes from groups.

6.�� Duty to appoint returning officer for local government elections.

7.�� Duty to provide assistance at European Parliamentary elections.

8.�� Duty to divide constituency into polling districts.

9.�� Power to divide electoral divisions into polling districts at local government elections.

10.�� Powers in respect of holding of elections.

11.�� Power to pay expenses properly incurred by electoral registration officers.

12.�� Power to fill vacancies in the event of insufficient nominations.

13.�� Duty to declare vacancy in office in certain cases.

14.�� Duty to give public notice of a casual vacancy.

15.�� Power to make temporary appointments to parish councils.

16.�� Power to determine fees and conditions for supply of copies of, or extracts from, election documents.

17.�� Power to submit proposals to the Secretary of State for an Order under Section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.

E.�� Functions Relating to Name and Status of Areas and Individuals

1.�� Power to change the name of the Council.

2.�� Power to change the name of a parish.

3.�� Power to confer title of honorary alderman or to admit to be an honorary freeman.

4.�� Power to petition for a charter to confer borough status.

F.�� Power to Make, Amend, Revoke or Re-enact Bylaws

FA.�� Functions relating to smoke free premises etc

1.�� Power to enforce offences relating to the display of no smoking signs

2.�� Power to enforce offences relating to smoking in smoke-free places

3.�� Power to enforce offence of failing to prevent smoking in smoke-free places

4.�� Power to transfer enforcement functions to another enforcement authority.

G.�� Power to Promote or Oppose Local or Personal Bills

H.�� Functions Relating to Pensions etc.

I.�� Functions Relating to Public Rights of Way

(PartI)

1.�� Power to permit deposit of builder�s skip on highway.

2.�� Power to license planting, retention and maintenance of trees etc. in part of highway.

3.�� Power to authorise erection of stiles etc. on footpaths or bridleways.

4.�� Power to license works in relation to buildings etc. which obstruct the highway.

5.�� Power to consent to temporary deposits or excavations in streets.

6.�� Power to dispense with obligation to erect hoarding or fence.

7.�� Power to restrict the placing of rails, beams etc. over highways.

8.�� Power to consent to construction of cellars etc. under street.

9.�� Power to consent to the making of openings into cellars etc. under streets, and pavement lights and ventilators.

10.�� Power to authorise stopping up or diversion of footpath or bridleway (Section 257 of the Town and Country Planning Act 1990).

I.�� Other Miscellaneous Provisions

(Part II)

1.�� Duty to approve authority�s statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be).

2.�� Power to make standing orders (Procedure Rules).

3.�� Power to appoint staff.

4.�� Power to make standing orders (Procedure Rules) on contracts.

5.�� Power to make payments or provide other benefits in case of maladministration etc.

6.�� Duty to make arrangements for proper administration of financial affairs etc.

7.�� Power to appoint officers for particular purposes (appointment of �proper � officers�).

8.�� Power to make closing order with respect to take-away food shops.

9.�� Duty to designate officer as the head of the authority�s paid service, and to provide staff, etc.

10.�� Duty to designate officer as the Monitoring Officer, and to provide staff.

10A.�� Duty to provide staff etc. to person nominated by Monitoring Officer.

11.�� Powers relating to the protection of important hedgerows.

12.�� Powers relating to the preservation of trees.

13.�� Powers relating to Overview and Scrutiny Committees (voting rights of co opted Members).