Agenda item

To consider the report of the head of legal and democratic on proposed changes to the council’s constitution - attached.

Council considered the report of the head of legal and democratic and monitoring officer on proposed amendments to the council’s constitution.

RESOLVED: to:

1.         amend the constitution in the Summary and Explanation section and the Cabinet Arrangements and Procedure Rules to update the key decision definition by amending paragraph (a) to read: “to incur expenditure, make savings or to receive income (except government grant) of more than £75,000.”; 

2.         amend paragraphs 40 and 41 of the constitution’s Summary and Explanation section relating to the authentication of documents and common seal of the council to allow the head of legal and democratic, the chief executive, the legal services manager or a senior lawyer to sign and attest the sealing of documents;

3.          delete reference to the Five Councils’ Partnership Scrutiny Committee in paragraph 83 of the Scrutiny Committees Procedure Rules;

4.          amend paragraph 3 of the Planning Committee Procedure Rules to reflect the Vale Council’s decision on 14 February 2018 to reduce its Planning Committee membership from 11 to nine;

5.          authorise the head of corporate services “to act as the council’s data protection officer under the General Data Protection Regulations” and reflect this responsibility in the Proper Officer and Authorised Officer section of the constitution; 

6.          authorise the head of development and regeneration: “To determine applications from registered housing providers to waive the 80 per cent equity share restriction on shared ownership dwellings, on a case-by case basis, where such a restriction has been included within a section 106 planning agreement, and where the application meets the established criteria for granting the waiver.”; 

7.          authorise the head of development and regeneration: “To determine continuous market engagement requests and confirm support to Homes England for both grant and nil-grant applications from registered housing providers, for the inclusion of affordable dwellings or developments within the national affordable homes programme.”; 

8.          amend the delegation to the head of housing and environment in paragraph 4.3: “To authorise and serve any notices and take all necessary actions relating to the collection of waste, the provision of dustbins and to secure the removal of rubbish.  (S.34 PHA 1961) the council’s duties as a waste collection authority as set out in sections 45 and 46 of the Environmental Protection Act 1990 (as amended).  [N.B. deleted text is crossed through, added text is in bold type];  

9.          authorise the head of housing and environment: “To authorise and serve any notices and take all necessary actions relating to the council’s duties as a principal litter authority in accordance with section 89 of the Environmental Protection Act1990 (as amended).”; 

10.       amend the delegation to the head of housing and environment in paragraph 19.2: “To exercise the council’s powers and duties under The Dangerous Wild Animals Act 1976, The Pet Animals Act 1951, The Breeding of Dogs Acts 1973 and 1991, The Animal Boarding Establishments Acts 1963 and 1970, The Zoo Licensing Act 1981, The Riding Establishments Acts 1964 & 1970, and the Breeding and Sale of Dogs (Welfare) Act 1999,including licensing and registration functions, taking of enforcement action,inspections, powers of entry and the appointment of inspectors.”; 

11.       move the delegations in relation to local amenity/overgrown gardens from the head of housing and environment (section 21 refers) to the head of planning; 

12.       authorise the head of planning: “To authorise the making of footpath and bridleway dedication agreements.”;

13.       amend paragraph 11.1 of the head of planning’s scheme of delegation regarding the collection of Community Infrastructure Levy: “To collect Community Infrastructure Levy revenue and calculate the chargeable amount under Regulation 40 of the Community Infrastructure Levy Regulations 2010.  Appropriate budgets must be created as follows in accordance with the financial procedure rules:

(a)     for the administration of Community Infrastructure Levy (five per cent of the Community Infrastructure Levy revenue)

(b)     for the towns and parishes councils (15 or 25 per cent of the Community Infrastructure Levy revenue)

(c)     for the district council (remainder of the Community Infrastructure Levy revenue).”; 

14.       amend the delegations to the head of planning (paragraph 11.3) and the head of development and regeneration (paragraph 3.2): “To make payments to the towns and parishes in relation to the Community Infrastructure Levy Regulation 59 and 59D and approve payments (by 28 October and 28 April in any financial year) to the relevant receiving town and or parish council or parish meeting.”; 

15.       amend paragraph 11.9 of the head of planning’s scheme of delegation regarding Community Infrastructure Levy recovery: “To deal with the recovery of the Community Infrastructure Levy including stop notices, liability orders and other enforcement mechanisms under Regulations 89 to 94 and 111 of the Community Infrastructure Levy Regulations 2010.”; 

16.       amend paragraphs 74 and 75 of the Financial Procedure Rules to allow the head of planning to request and the head of finance to approve the creation of Community Infrastructure Levy budgets as follows:

“74.  For section 106 or Community Infrastructure Levy agreements that provide clear and unambiguous details on how the receipts raised must be used, where that agreement has been approved by the Planning Committee and over which further discretion cannot be applied, then the strategic management team head of planning can request and the head of finance can approve the creation of the relevant revenue or capital budget. 

75.      For all other section 106 and Community Infrastructure Levy agreements where contributions are received by the council, a budget for the spending of the receipt must be created as follows:

(a)       For agreements of up to £20,000, budgets can be requested by the head of planning and approved by the senior management team head of finance. 

(b)       For agreements greater than £20,000 up to £100,000, budgets can be approved by the relevant Cabinet member in consultation with the Cabinet member for finance.

(c)       For agreements of greater than £100,000, budgets must be approved by Council.”; 

17.       amend Financial Procedure Rule 90 to make it explicit that no request for a supplementary estimate is necessary where it arises from a government grant for a specific purpose; 

18.       amend Financial Procedure Rule 91 as follows to reflect the normal process for authorisations used elsewhere in the constitution: “The leader of council in consultation with the chief executive and chief finance officerchief finance officer in consultation with the leader of council and chief executive may increase the revenue or capital budget after considering a request from the relevant head of service where the council has:

(a)       Received government grant outside of the usual budget setting cycle for which no budget exists.

(b)       Received additional income for fees and charges that has led to additional costs that require a budget to give authority to spend.

(c)       Received additional income from insurance claims.

In all instances a budget no greater than the increase in income can be created.” 

19.       agree to amend the Contract Procedure Rules as set out in appendix 1 to the report of the head of legal and democratic to the Council meeting on 16 May 2018;

20.       authorise the head of legal and democratic to update the constitution to reflect the agreed amendments with effect from 1 June 2018; and

21.       authorise the head of legal and democratic to make any minor or consequential amendments to the constitution for consistency and to reflect the council’s style guide.