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Version: 11 December 2012 Legal/ECDC Constitution

EAST CAMBRIDGESHIRE DISTRICT COUNCIL

CONSTITUTION

CONTENTS Page No

Part 1 - Introduction 1(4)Councillors by wards 1(5)List of District Councillors 1(6)

THE CONSTITUTION

Part 2 - Articles of the Constitution

Article 1 - The Council's overall purpose, strategic 2(1)objectives and Constitution

Article 2 - Members of the Council 2(3)Article 3 - Citizens and the Council 2(6)Article 4 - The role of Council - meanings, functions, 2(9)

Council meetingsArticle 5 - Chairman of the Council 2(10)Article 6 - Committees and other Member bodies 2(11)Article 7 - Joint Arrangements 2(13)Article 8 - Officers 2(14)Article 9 - Decision Making 2(18)Article 10 - Finance, Contracts and Legal Matters 2(19)Article 11 - Review and Revision of the Constitution 2(20)Article 12 - Suspension, Interpretation and Publication 2(21)

of the Constitution

Part 3 - Responsibility for Functions 3(1)

1. Council Committees and other Member Bodies,Objectives, Terms of Reference and Delegation to Officers

A. Council 3(2)

B. Policy Committees 3(7)I) Community & Environment Committee 3(8)II) Development & Transport Committee 3(13)III) Finance & Governance Committee 3(18)

Finance & Governance Hearings Sub-Committee 3(27)IV) Personnel & Corporate Services Committee 3(30)

C. Overview & Scrutiny Committee: 3(34)Scrutiny Committee 3(35)

D. Regulatory Committees: 3(37)Licensing Committee 3(38)Planning Committee 3(43)

E. Joint Committees 3(50)East Cambridgeshire Traffic Management Area Joint Committee 3(51)Anglia Revenues Partnership Joint Committee 3(54)

2. Proper Officer Functions 3(58)

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Part 4 Rules of Procedure1 4(1)

1. Council Procedure Rules 4(2)2. Access to Information Procedure Rules 4(19)3. Budget and Policy Framework Procedures 4(23)4. Financial Procedure Rules 4(24)5. Contract Procedure Rules 4(38)6. Officer Employment Procedure Rules 4(50)7. Anti-Fraud and Corruption Strategy 4(53)8. Scrutiny Procedure Rules 4(65)

Part 5 Codes and Protocols 5(1)

1. Members' Code of Conduct 5(2)2. Protocol on Member/Officer Relations 5(11)3. Guidance for Staff, Members and Candidates during an

Election Period 5(19)4. Agenda Planning Protocol 5(21)5. Members’ Access to Council held Information 5(22)6. Guidance on Planning for Members 5(26)7. The Role of Elected Members in relation to

Licensing Committee hearings under the LicensingAct 2003 5(33)

Part 6 - Members' Allowances Scheme

Members' Allowances Scheme 6(1)

1 For the purposes of relevant Standing Order Regulation – our “Standing Orders”

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List of other Key Council documents & availability

Name Location ResponsibleOfficer

1 Employee Code of Conduct Internet at requestThe Grange reception

MonitoringOfficer/Deputy ChiefExecutive

2 Whistle Blowing Service - Guidance andProcedure Notes

Intranet at requestThe Grange reception

MonitoringOfficer

3 The Council's Complaints Scheme Internet & at requestThe Grange reception

Head of ICT &CustomerServices

4 Monitoring Officer Protocol Internet MonitoringOfficer

5 Petitions Scheme and Leaflet Internet & at requestThe Grange reception

PrincipalDemocraticServicesOfficer

6 Public Speaking Scheme LicensingCommittee

Internet & at requestThe Grange reception

Head ofEnvironmentalServices/Head of Legal& DemocraticServices

7 Public Speaking Scheme PlanningCommittee


Head ofPlanning &SustainableDevelopment

8 Public Suggestion Scheme ScrutinyCommittee


Deputy ChiefExecutive

9 Scrutiny Protocol (includingCambridgeshire Together ScrutinyProtocol on Inter-Authority Co-operation)


ChiefExecutive/Deputy ChiefExecutive

10 Public Question Time Leaflet Internet & at requestThe Grange reception

PrincipalDemocraticServicesOfficer

11. (Staff) Disciplinary Policy & Procedure Internet & at requestThe Grange reception

Principal HROfficer

12. Guidance Note for Members andOfficers – Formal and Informal MemberBodies2


MonitoringOfficer/Deputy ChiefExecutive

13. Service Review GuidelinesAppendices 1- 4 included on link


ChiefExecutive

2 Included 28 April 2010 following Policy & Resources Committee decision 27 April 2010

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PART 1

INTRODUCTION

The Council's Constitution

East Cambridgeshire District Council has revised its constitution which sets out how theCouncil operates, how decisions are made and the procedures which are followed to ensurethat these are efficient, transparent and accountable. Some of these processes are requiredby the law, while others are a matter for the Council to choose.

The Constitution is divided into 6 Parts. The 12 articles in Part 2 set out the basic rulesgoverning the Council's business. These are supplemented by procedures and codes ofpractice which are provided.

What's in the Constitution?

Article 1 of the Constitution sets out the Council's overall purpose and its strategicobjectives. Articles 2 to 12 explain the rights of citizens and how the key parts of the Counciloperate. The Council is composed of Councillors elected every four years. The overridingduty of Councillors is to the whole community, but they have a special duty to theirconstituents, including those who did not vote for them.

When Councillors take up office they have to agree to follow a code of conduct to ensurehigh standards in the way they undertake their duties. The Monitoring Officer shall arrangetraining and provide advice to Members on the code of conduct. The Finance & GovernanceHearings Sub-Committee may find that a Member who has breached the Code of Conductundertakes training.

Composition of the Council

The Council is composed of 39 Councillors.

The current political make-up of the Council [as at May 2012] is:

Conservative Group – 25Liberal Democratic Group – 9Group of Independents – 4Unaligned Independent – 1

Attached as Appendix 1 are details of Councillors by Ward and at Appendix 2 there is a fulllist of the current Councillors.


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COUNCILLORS BY WARD

3. LittleportEast

2. LittleportWest

1. DownhamVillages

4. ElyEast19. Sutton

18. Haddenham17. Stretham

15.SohamNorth

16. Soham South

8. Isleham

9. FordhamVillages

14.Burwell

13. TheSwaffhams

10. Cheveley

11. DullinghamVillages

12.Bottisham

10. CHEVELEYTom Kerby (Con)Sue Willows (Con)

11. DULLINGHAMVILLAGESChris Morris (Con)

17. STRETHAMBill Hunt (Con)Charles Roberts (Con)

2. LITTLEPORT WESTChristine Ambrose Smith (Con)Neil Morrison (Lib Dem)

5. ElyNorth

6.Ely

South

7. ElyWest

3. LITTLEPORT EASTDavid Ambrose Smith (Con)Andy Wright (Ind)

1. DOWNHAM VILLAGESAnna Bailey (Con)Tony Goodge (Con)

4. ELY EASTWill Burton (Con)Richard Hobbs (Con)

5. ELY NORTHElaine Griffin-Singh (Con)Lindsey Harris (Lib Dem)Mike Rouse (Con)

6. ELY SOUTHJeremy Friend-Smith (LibDem)Tom Hunt (Con)

7. ELY WESTSue Austen (Lib Dem)Sheila Friend-Smith MBE(Lib Dem)

8. ISLEHAMDerrick Beckett (Ind)

9. FORDHAM VILLAGESMichael Allan (Con)Joshua Schumann(Con)

19. SUTTONPeter Moakes (Con)Philip Read (Con)

18. HADDENHAMIan Allen (Unaligned Ind)Gareth Wilson (Lib Dem)Pauline Wilson (Lib Dem)

15. SOHAM NORTHTony Cornell (Con)James Palmer (Con)

16. SOHAM SOUTHColin Fordham (Ind)John Palmer (Ind)Tony Parramint (Con)

14. BURWELLDavid Brown (Con)Lavinia Edwards (Con)Hazel Williams MBE (Lib Dem)

12. BOTTISHAMKevin Ellis (Con)Robert Stevens (LibDem)

13. THE SWAFFHAMSAllen Alderson (Con)

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LIST OF DISTRICT COUNCILLORS

Councillor Allen Alderson Ward: The Swaffhams Elected: 2004Rose Cottage, 30 Great Lane Group: ConservativeReach Home Tel: 01638 741744CB25 0JF Other Tel: 01353 665555

Email: [email protected]

Councillor Michael Allan Ward: Fordham Villages Elected: 2003Quarry House, 24 Bloomsfield Group: ConservativeBurwell Home Tel: 01638 744050CB25 0RA Other Tel: 01353 665555


Councillor Ian Allen Ward: Haddenham Elected: 199955 Main Street Group: Unaligned IndependentWitchford Home Tel: 01353 664993CB6 2HG Other Tel: 01353 662485


Councillor Christine Ambrose Smith Ward: Littleport West Elected: 20076 Victoria Street Group: ConservativeLittleport Home Tel: 01353 861010CB6 1LX Other Tel: 01353 665555


Councillor David Ambrose Smith Ward: Littleport East Elected: 20116 Victoria Street Group: ConservativeLittleport Home Tel: 01353 861010CB6 1LX Other Tel: 01353 665555


Councillor Sue Austen Ward: Ely West Elected: 20075 Mayfield Close Group: Liberal DemocratEly Home Tel: 01353 663928CB6 3AB Other Tel: 01353 665555


Councillor Anna Bailey Ward: Downham Villages Elected: 200740 Cambridge Road Group: ConservativeEly Home Tel: 01353 663253CB7 4HL Other Tel: 01353 665555


Councillor Derrick Beckett Ward: Isleham Elected: 2003Appleyards Farm, Houghtons Lane Group: IndependentIsleham Deputy Leader Home Tel: 01638 780476CB7 5SR of Independents Other Tel: 01353 665555


Councillor David Brown Ward: Burwell Elected: 200730 Buntings Path Group: ConservativeBurwell Home Tel: 01638 743283CB25 0EG Other Tel: 01353 665555

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Email: [email protected] Will Burton Ward: Ely East Elected: 201148 Forehill Group: ConservativeEly Home Tel: 01353 610032CB7 4AQ Other Tel: 01353 665555


Councillor Tony Cornell Ward: Soham North Elected: 2007Eden, Soham Road Group: ConservativeStuntney Vice Chairman Home Tel: 01353 650068CB7 5TL of Council Other Tel: 01353 665555


Councillor Lavinia Edwards Ward: Burwell Elected: 2007103 North Street Group: ConservativeBurwell Home Tel: 01638 610696CB25 0BB Other Tel: 01353 665555


Councillor Kevin Ellis Ward: Bottisham Elected: 201120 Peacock Drive Group: ConservativeBottisham Home Tel: ---CB25 9EF Other Tel: 01353 665555


Councillor Colin Fordham Ward: Soham South Elected: 201134 Tanners Lane Group: IndependentSoham Home Tel: ---CB7 5AB Other Tel: 01353 665555


Councillor Jeremy Friend-Smith Ward: Ely South Elected: 199933 Egremont Street Group: Liberal DemocratEly Home Tel: 01353 663118CB6 1AE Other Tel: 01353 665555


Councillor Sheila Friend-Smith MBE Ward: Ely West Elected: 199133 Egremont Street Group: Liberal DemocratEly Home Tel: 01353 663118CB6 1AE Other Tel: 01353 665555


Councillor Tony Goodge Ward: Downham Villages Elected: 20077 John Amner Close Group: ConservativeEly Home Tel: 01353 664491CB6 1DT Other Tel: 01353 665555


Councillor Elaine Griffin-Singh Ward: Ely North Elected: 201129 Fore Hill Group: ConservativeEly Home Tel: 01353 658530CB7 4AA Other Tel: 01353 665555


Councillor Lindsey Harris Ward: Ely North Elected: 2011102 Lynn Road Group: Liberal DemocratEly Home Tel: 01353 668229CB6 1DE Other Tel: 01353 665555


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Councillor Richard Hobbs Ward: Ely East Elected: 201116 Bernard Street Group: ConservativeEly Home Tel: ---CB6 1AU Other Tel: 01353 665555


Councillor Bill Hunt Ward: Stretham Elected: 2007Sylvan Villa, 32 Cambridge Road Group: ConservativeEly Home Tel: ---CB7 4HL Other Tel: 01353 665555


Councillor Tom Hunt Ward: Ely South Elected: 2011Sylvan Villa, 32 Cambridge Road Group: ConservativeEly Home Tel: ---CB7 4HL Other Tel: 01353 665555


Councillor Tom Kerby Ward: Cheveley Elected: 20115 Trinity Drive Group: ConservativeNewmarket Home Tel: 01638 661219CB8 8BJ Other Tel: 01353 665555


Councillor Peter Moakes Ward: Sutton Elected: 200743 Chelmer Way Group: ConservativeEly Leader of Council & Home Tel: 01353 659910CB6 2WS Conservative Group Other Tel: 01353 665555


Councillor Chris Morris Ward: Dullingham Villages Elected: 20119 Herbert Human Close Group: ConservativeSoham Home Tel: ---CB7 5ZT Other Tel: 01353 665555


Councillor Neil Morrison Ward: Littleport West Elected: 199631 Fieldside Group: Liberal DemocratEly Deputy Leader Home Tel: 01353 664863CB6 3AT Liberal Democrats Other Tel: 01353 665555


Councillor James Palmer Ward: Soham North Elected: 2007Oak House, 41 Sand Street Group: ConservativeSoham Deputy Leader of Home Tel: ---CB7 5AA Council & Conservatives Other Tel: 01353 665555


Councillor John Palmer Ward: Soham South Elected: 2011Jalna, 18 Pratt Street Group: IndependentSoham Home Tel: 01353 720491CB7 5BH Other Tel: 01353 665555


Councillor Tony Parramint Ward: Soham South Elected: 200365 Mereside Group: ConservativeSoham Chairman of Home Tel: 01353 721105CB7 5EE Council Other Tel: 01353 665555


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Councillor Philip Read Ward: Sutton Elected: 1973-1995'Mostyn', 76 High Street Group: Conservative 2003Sutton Home Tel: 01353 778603CB6 2NL Other Tel: 01353 665555


Councillor Charles Roberts Ward: Stretham Elected: 2011Orchard House, High Street Group: ConservativeStretham Home Tel: 01353 648087CB6 3JQ Other Tel: 01353 665555


Councillor Mike Rouse Ward: Ely North Elected: 200723 Lynton Close Group: ConservativeEly Home Tel: 01353 645949CB6 1DJ Other Tel: 01353 665555


Councillor Joshua Schumann Ward: Fordham Villages Elected: 20112-4 High Street Group: ConservativeSoham Home Tel: 01353 720319CB7 5HD Other Tel: 01353 665555


Councillor Robert Stevens Ward: Bottisham Elected: 200751 Northfields Group: Liberal DemocratLode Home Tel: 01223 811643CB25 9EU Other Tel: 01353 665555


Councillor Hazel Williams MBE Ward: Burwell Elected: 199566 Mill Lane Group: Liberal DemocratBurwell Home Tel: 01638 743897CB25 0HJ Other Tel: 01353 665555


Councillor Sue Willows Ward: Cheveley Elected: 201124 Centre Drive Group: ConservativeNewmarket Home Tel: ---CB8 8AN Other Tel: 01353 665555


Councillor Gareth Wilson Ward: Haddenham Elected: 20032 Station Road Group: Liberal DemocratHaddenham Leader of Home Tel: 01353 740617CB6 3XD Liberal Democrats Other Tel: 01353 665555


Councillor Pauline Wilson Ward: Haddenham Elected: 20032 Station Road Group: Liberal DemocratHaddenham Home Tel: 01353 740617CB6 3XD Other Tel: 01353 665555


Councillor Andy Wright Ward: Littleport East Elected: 197617 Granary Lane Group: IndependentLittleport Leader of Home Tel: 01353 860432CB6 1PQ Independent Group Other Tel: 01353 661414



2(1)


CONSTITUTION

PART 2

ARTICLES OF THE CONSTITUTION

ARTICLE 1 THE COUNCIL'S CONSTITUTION, OVERALL PURPOSE ANDSTRATEGIC OBJECTIVES

1.01 Powers of the Council

The Council exercises its powers and duties in accordance with the law and thisConstitution.

1.02 The Constitution

This Constitution (including any appendices) is the Constitution of the East CambridgeshireDistrict Council.

1.03 Purpose of the Constitution

Section 37 of the Local Government Act 2000 requires each local authority to prepare, keepup to date and publicise a document known as the Council's Constitution.

The Constitution is the formal document, which sets out the way the Council makesdecisions and who is responsible for those decisions. For example, it delegates authority toindividual officers to act and may enable members of the public to ask questions atcommittee meetings. It also regulates the behaviour of individuals and groups throughcodes of conduct, protocols, etc.

The purpose of the Constitution is to:

1. enable the Council to provide clear leadership to the community in partnership withcitizens, businesses and other organisations;

2. support the active involvement of citizens in the process of local authority decision-making;

3. help Councillors represent their constituents effectively;

4. enable decisions to be taken efficiently and effectively;

5. create a powerful and effective means of holding decision-makers to public account;

6. ensure that no one will review or scrutinise a decision in which they were directlyinvolved;

7. ensure that those responsible for decision making are clearly identifiable to localpeople and that they explain the reasons for decisions; and

8. provide a means of improving the delivery of services to the community.


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1.04 Interpretation and Review of the Constitution

Where the Constitution permits the Council to choose between different courses of action,the Council will endeavour to choose that option which it thinks is closest to the purposesstated above.

The Council will monitor and evaluate the operation of the Constitution as set out in Article11.

1.05 Corporate Objectives/ Statement of Overall Vision1

"To run an efficient and effective Council to deliver best value for its residents"

"To build the foundations for the growth of the economy of East Cambridgeshire; supportingjob and wealth creation and improving quality of life and the environment"

The first objective reiterates the importance of the Council achieving a balanced budget withthe appropriate level of reserves to deal with the uncertainties of the future.

The second objective sets out the Council's priorities to achieve growth and jobs and makingimprovements in the quality of life and the environment for those living, working and visitingthe District.

1 Approved by Strategic Policy & Resources on 26 April 2012


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ARTICLE 2 MEMBERS OF THE COUNCIL

2.01 Composition and Eligibility

(a) CompositionCouncillors are all elected to the Council every four years. The current composition of theCouncil is set out in Part 1 – page 1 (4).

Councillors have to agree to follow a code of conduct to ensure high standards in the waythey undertake their duties. The Monitoring Officer trains and advises them on the code ofconduct.

(b) EligibilityOnly registered voters of the district or those living or working there are eligible to hold theoffice of Councillor.

2.02 Election and Terms of Councillors

(a) Election and TermsThe regular election of Councillors is held on the first Thursday in May every four years. Theterms of office of Councillors will start on the fourth day after being elected and will finish onthe fourth day after the date of the next regular election.

2.03 Roles and Functions of all Councillors

(a) Key roles

All Councillors will:

(i) collectively be the ultimate policy-makers and carry out a number of strategic andcorporate functions in the interests of the whole community;

(ii) represent their communities and bring their views into the Council's decision-makingprocess, i.e. become the advocate of and for their communities;

(iii) actively encourage community participation and citizen involvement in decisionmaking;

(iv) balance different interests identified within the ward and represent the ward as awhole;

(v) respond to constituents' enquiries and representations, fairly and impartially;

(vi) be involved in decision-making;

(vii) be available to represent the Council on other bodies; and

(viii) maintain the highest standards of conduct and ethics.

(b) Council Leader

Notification/ Appointment

The Council Leader is chosen by the Group that has the majority number of seats on theCouncil, and notified to full Council every year at its Annual Meeting. The Council Leader isthe leader of a Council Group. The manner of appointment of a Group Leader is up to eachGroup.


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If there is no majority Group then the Council can elect from any of its Group Leaders.

Role

The Council Leader has substantial responsibilities including:

(1) A high public profile – the “public face” of the Council, representing the Councillocally, regionally, nationally and internationally. This is shared with the CouncilChairman

(2) A high political profile – taking the lead in direction of development of new policy

(3) Responsibility for delivery of:

the Corporate Plan the Performance Plan visions and values of the Council Council policies on strategic priorities the Local Strategic Partnership’s Community Strategy the Local Development Framework the Comprehensive Performance Assessment other Council strategies

Consultation

The Council Leader shall be consulted by the Chief Executive / Deputy Chief Executive andHeads of Service on:

matters of emergency and urgency taking a judgement on the corporate impact of responding to government

consultation papers and other matters as directed by other parts of this Council Constitution.

(c) Deputy Leader of Council

Notification/ Appointment

The Deputy Leader is chosen by the Group that has the majority number of seats on theCouncil, and notified to full Council every year at its Annual Meeting. The Deputy Leader isthe deputy leader of a Council Group. The manner of appointment of a Deputy Leader is upto each Group.

If there is no majority Group then the Council can elect a Deputy Leader from any of itsGroup Deputy Leaders.

Role

The Deputy Leader will deputise for the Leader of the Council (assuming the role of theLeader), in the event of Leader notified incapacity or absence (in both instances notice to begiven in writing to the Chief Executive).

(d) Council Committee Group Spokesperson

Each Group may declare to the Chief Executive its Spokesperson for any Committee (notmore than 1 Member/Group including Chairman or Vice-Chairman).


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Chairmen and Lead Officers for Committees will afford all appropriate assistance to GroupSpokespersons in their role.

(e) Rights and Duties

(i) Councillors have such rights of access to such documents, information, land andbuildings of the Council as are necessary for the proper discharge of their functionsand in accordance with the law, subject to the Access to Information Rules in Part 4of the Constitution

(ii) Councillors will not make public information which is confidential or exempt withoutthe consent of the Council or divulge information given in confidence to anyone otherthan a Councillor or officer entitled to know it.

(iii) For these purposes, "confidential" and "exempt" information are defined in the Accessto Information Procedure Rules in Part 4 of this Constitution.

2.04 Conduct

Councillors will at all times observe the Members' Code of Conduct and the Protocol onMember/Officer Relations set out in Part 5 of this Constitution.

2.05 Allowances

Councillors will be entitled to receive allowances in accordance with the Members'Allowances Scheme set out in Part 6 of this Constitution.

2.06 Outside Bodies

The Council appoints Councillors to sit on a number of outside bodies. A booklet detailingthese and advice on duties / responsibilities, is published each year.

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ARTICLE 3 CITIZENS AND THE COUNCIL

3.01 Citizens' Rights

Citizens have a number of rights in their dealings with the Council. Some of these are legalrights, whilst others depend on the Council's own processes. The local Citizens' AdviceBureau can advise on individuals' legal rights.

The Council welcomes participation by Citizens in its work.

(a) VotingCitizens have the right to vote at local elections if they are registered on the electoral roll forthe area.

(b) Mayoral PetitionsCitizens on the electoral roll for the area have the right to sign a petition to request areferendum calling for the election of a Mayor to head the Council. Further details on thisare set out in the Local Government Act 2000 and associated legislation.

(c) InformationCitizens have the right to:

(i) attend meetings of the Council and its committees except where confidential orexempt information is likely to be disclosed, and the meeting is therefore held inprivate;

(ii) see reports and background papers, and any records of decisions made by theCouncil and its committees (unless these cover “confidential” or exempt matters) ;and

(iii) inspect the Council's accounts and make their views known to the external auditor;

(iv) obtain a copy of this Constitution;

(v) contact their local Councillor about matters of concern to them.

(d) ParticipationThere are a wide-ranging number of ways that citizens of East Cambridgeshire can engagewith the Council and its Members.

1. By e-mailOur e-mail address is [email protected]

2. Contacting your Local CouncillorNames and addresses of all the District Councillors and details of the wards they representare set out in the Introduction to this Constitution.

3. Public Access to CommitteesAll meetings of the Council, its Committees and working parties (where appropriate) will beopen to the press and public unless they are discussing confidential matters.

A list of the issues which could result in an item being discussed without the public present(as laid down in Schedule 12A of the Local Government Act 1972) is set out in the Access toInformation Rules in Part 4 of this Constitution.

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Agendas for committee and other member bodies are published not less than 5 workingdays before the meeting. Minutes of such meetings are accessible (except where these areconfidential) through the Council web-site or by contacting the Council's DemocraticServices Section.

4. Public Speaking at CommitteesA number of the Council's committees have adopted schemes allowing public speaking.Details of which committees have these schemes and how they work are set out in (“PublicSpeaking Scheme Licensing Committee”; Public Speaking Scheme Planning Committee.Access details are set out above on the key documents list.

5. Public Question TimeCouncil meetings and all committee meetings which do not have separate public speakingschemes are preceded by a public question time, lasting 15 minutes or until the last questionis answered whichever is the sooner.

Any member of the public can ask a question or make a statement on any topic.Questions/statements are set out in writing and put into a box to be drawn out by theChairman of the meeting during the public question time. Members of the public can alsosend, fax or e-mail a written question/ statement to Democratic Services and it will be placedin the question box.

As long as there is no suspicion that the question/statement is improper (for example it mustnot be offensive, slanderous or disclose information that the Council should keepconfidential), the Chairman will invite the questioner (if present) to read out their question.No other statements should be made by the questioner unless at the Chairman’s invitation.If the questioner is not present, the Chairman or Democratic Services Officer will read outthe question/statement.

The question/statement will be answered by the Chairman of the meeting, who may give anoral answer or undertake to provide a written answer as soon as possible (such reply to beavailable to all Members). They may however decline to answer (e.g. on the grounds thatthe information requested is confidential).

Any questions/statements not answered because of lack of time will be answered in writingas above as soon as possible.

The Scrutiny Committee also has a Public Suggestion Scheme, and details of how thisoperates are set out in “Public Suggestion Scheme Scrutiny Committee”, listed as a keydocument above.

6. PetitionsThe Council welcomes petitions on matters relating to its work. Petitions will be dealt withunder the Petitions Scheme (see key documents).

7. Co-optionThe Council may invite non-Councillors to join its Working Parties and Overview & ScrutinyCommittee or Sub-Committees. Two Parish/ Town Councillors who are not DistrictCouncillors sit on the Council’s Finance & Governance Hearings Sub-Committee (as non-voting members). Details of the co-option scheme are set out in para 24.3 of the CouncilProcedure Rules in Part 4 of this Constitution.

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8. Council InformationThe Council's Website (www.eastcambs.gov.uk) contains information about the Council,including copies of agenda for and minutes of Member meetings.

In addition, information on Council services can be obtained by calling in at the CouncilOffices at The Grange, Nutholt Lane, Ely, Cambs CB7 4EE or by ringing our CustomerServices line on 01353 665555.

9. ComplaintsCitizens have the right to complain to:

(i) the Council itself under its complaints scheme;

(ii) the Ombudsman after using the Council's own complaints scheme;

(iii) the Monitoring Officer about a breach of the Councillors' Code of Conduct.

3.02 Citizens' Responsibilities

Citizens must not be violent, abusive or threatening to Councillors or officers and must notwilfully harm things owned by the Council, Councillors or officers. The Council will nottolerate the use of sexist, racist or other discriminatory language or behaviour towards itsstaff, Members or other members of the public while on ECDC premises.

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ARTICLE 4 THE ROLE OF COUNCIL

4.01 Meanings

(a) Policy FrameworkThe policy framework means the following plans and strategies:those which the law requires that only the full Council can adopt, i.e.: the Council's Corporate Improvement Plan; the Annual Treasury Management Strategy, and Annual Investment Strategy; the Budget and setting of Council tax; (where appropriate) the Internal Audit Plan to Council; any policy documents that require Council approval, forming the Local

Development Framework; Regional Planning Guidance; County Structure Plan; environmental enhancement schemes; supplementary planning guidance; design and development briefs Senior Officer Pay Policy; the Members’ Allowance scheme including the outcome of any independent

panel reviews. Crime and Disorder Reduction Strategy. Children and Young Peoples Plan. Health Improvement Strategy; Sustainable Community Strategy.

(b) BudgetThe budget means the allocation of financial resources to different services and projects,proposed contingency funds, the council tax base, setting the council tax and decisionsrelating to the control of the Council's borrowing requirement, the control of its capitalexpenditure and the setting of virement limits.

4.02 Functions of the Full Council

These are set out in Part 3 of the Constitution.In addition to the work formally reserved to it, whether by statute or otherwise, full Councilalso:

acts as a mechanism for Scrutiny Committee Chairs to report on the work oftheir committees.

involves the public by giving opportunities for them to ask questions and topresent (if applicable under the Petitions Scheme)and speak to petitions.

takes decisions on matters referred to it by other Member bodies.

4.03 Council Meetings

There are three types of Council meeting:(a) the Annual meeting;(b) Ordinary meetings;(c) Extraordinary (or Special) meetings.and they will be conducted in accordance with the Council Procedure Rules in Part 4 of thisConstitution.

There will be one Annual and three Ordinary Council meetings a year. The quorum formeetings of full Council is one quarter of the total membership - i.e. 10 (unless more thanone third of the total membership is disqualified in which case the quorum is one quarter ofthose remaining qualified).

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ARTICLE 5 CHAIRMAN OF THE COUNCIL

5.01 Role and Function of the Chairman

The Chairman is elected by the Council annually. The Chairman (and in his/her absence,the Vice-Chairman) has the following responsibilities:

1. to uphold and promote the purposes of the Constitution, and to interpret theConstitution when necessary;

2. to preside over meetings of the full Council so that its business can be carried outefficiently and with regard to the rights of Councillors and the interests of thecommunity;

3. to ensure that the Council meeting is a forum for the debate of matters of concern tothe local community and the place at which members who do not sit on policycommittees or hold committee chairs are able to hold the members of the policycommittees and committee chairmen to account;

4. to promote public involvement in the Council's activities;

5. to be the conscience of the Council; and

6. to attend such civic and ceremonial functions as the Council and he/she determinesappropriate

The Chairman may call a meeting of the full Council at any time and may be required to doso on the requisition of 5 Councillors.

In the event of equal votes on any issue the Chairman of Council has a second or castingvote, providing the Chairman has already voted.

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ARTICLE 6 COMMITTEES AND OTHER MEMBER BODIES

6.01

All decisions, which are not made by Council, are made by Council committees or aredelegated to officers.

Details of the Council's committees, their membership, their functions and terms of referenceare set out in Part 3 of this Constitution.

The Council's committee structure is as set out in the diagram overleaf.

The Council has 4 policy committees, which deal with matters relating to finance andgovernance, community and environment, development and transport, personnel &corporate services. The Finance & Governance Committee also has overall remit to considerthe conduct of elected Councillors (with any hearing on such issue being dealt with by theFinance & Governance Hearings Sub-Committee/ its Panel). Other Committees also carryout a number of regulatory functions, including dealing with planning applications andlicensing matters.

The Council or any of its Committees may set up Sub-Committees or Working Parties toconsider and make recommendations on particular issues.

The Scrutiny Committee2 of the Council acts as a mechanism for monitoring and reviewingthe Council's and external partners policies and performance and helps with the formulationof policy.

Article 7 of this Constitution sets out details of a number of other Member bodies, whichcover joint arrangements with other authorities.

Elections to the Chair and Vice-Chair of any Policy or Regulatory Committee, and to anyworking party and Scrutiny Committee will be by show of hands.

2 Statement under Schedule 2, Chapter 5, 9P(2) Localism Act 2011 for a Scrutiny Committee, for the purposes of Schedule 2,Chapter 3, 9JA Localism Act 2011. Resolution to this effect - Council 23 February 2012, agenda item 9 .1.

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COUNCILCOUNCIL

COMMUNITY&COMMUNITY&ENVIRONMENTENVIRONMENTCOMMITTEECOMMITTEE

DEVELOPMENTDEVELOPMENT&TRANSPORT&TRANSPORTCOMMITTEECOMMITTEE

PERSONNEL&PERSONNEL&CORPORATECORPORATESERVICESSERVICESCOMMITTEECOMMITTEE

FINANCE&FINANCE&GOVERNANCEGOVERNANCECOMMITTEECOMMITTEE

PlanningPlanning

(Regulatory)(Regulatory)

SCRUTINYSCRUTINY

COMMITTEECOMMITTEE

LicensingLicensing

(Regulatory)(Regulatory)

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ARTICLE 7 JOINT ARRANGEMENTS

7.01 Arrangements to promote well-being

The Council in order to promote the economic, social or environmental well-being of its area,may:

(a) enter into arrangements or agreements;

(b) co-operate with, or facilitate or co-ordinate the activities; and

(c) exercise any function on behalf of a person or body.

7.02 Joint arrangements

(a) The Council may establish joint arrangements with one or more local authoritiesand/or their executives to exercise functions in any of the participating authorities, oradvise the Council.

(b) Details of any joint arrangements including any delegations to Joint Committees willbe found in the Council's scheme of delegations in Part 3 of this Constitution.

7.03 Access to information

(a) The Access to Information Rules in Part 4 of this Constitution apply.

(b) If the Joint Committee contains Members who are not on the executive of anyparticipating authority then the Access to Information Rules in Part VA of the LocalGovernment Act 1972 will apply.

7.04 Delegation to and from other local authorities

(a) The Council may delegate some functions to another local authority or, in certaincircumstances, the executive of another local authority (through Finance &Governance Committee).

(b) (Save for minor Officer service delegations/ services or secondments) the decisionwhether or not to accept such service delegations from another local authority isreserved to the Council meeting.

7.05 Contracting out

The Council may contract out to another body or organisation functions which may beexercised by an officer and which are subject to an order under section 70 of theDeregulation and Contracting Out Act 1994, or under contracting arrangements where thecontractor acts as the Council's agent under usual contracting principles.

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ARTICLE 8 OFFICERS

8.01 Management Structure

(a) GeneralThe Council may engage such staff as it considers necessary to carry out itsfunctions.

(b) Chief OfficersThe Council may engage persons for the following posts, who are designated chiefofficers:Post Functions and areas of responsibilityChief Executive (and Headof Paid Service)

Overall corporate management and operationalresponsibility (including overall managementresponsibility for all officers)

Provision of professional advice to all parties in thedecision making process.

Together with the monitoring officer, responsibility for asystem of record keeping for all the Council'sdecisions.

Representing the Council on partnership and externalbodies (as required by statute or the Council).

Public RelationsReturning Officer and Electoral Registration Officer.

Chief Executive Service Review and Performance ManagementCorporate Policy

Cultural ServicesTourism and TICClient Management

- The Maltings- Paradise Pool

Community ServicesTown Centre ManagementAsset Management/Emergency PlanningPlanningBuilding ControlTransport StrategyEconomic DevelopmentHousing ServicesEnvironmental ServicesLicensingWaste and RecyclingScrutiny

Deputy Chief Executive Human ResourcesTraining and DevelopmentInformation Technology StrategyCustomer ServicesFacilities ManagementReprographics

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Deputy to the Returning OfficerOpen SpacesClient ManagementInformation Technology

Head of Finance "Chief Finance Officer" for the purposes of S151 ofLocal Government Act 1972Financial ServicesClient Management

- Revenue and Benefits- Payroll

Head of Legal &Democratic Services

"Monitoring Officer" for the purposes of ss 4 and 5 ofLocal Government and Housing Act 1989 and theLocal Government Act 2000Council's legal adviserManagement responsibility for the Council's committeeadministration and Members’ support, electoralservices, legal and land charges.Responsibility for Member development

(c) StructureThe head of paid service will determine and publicise a description of the overalldepartmental structure of the Council showing the management structure anddeployment of officers.

8.02 Functions of the Head of Paid Service

(a) Discharge of functions by the CouncilThe Head of Paid Service will report to full Council on the manner in which thedischarge of the Council's functions is co-ordinated, the number and grade of officersrequired for the discharge of functions and the organisation of officers.

(b) Restrictions of functionsThe Head of Paid Service may not be the Monitoring Officer but may hold the post ofS151 Officer if a qualified accountant.

8.03 Functions of the Monitoring Officer

(a) Maintaining the ConstitutionThe Monitoring Officer will maintain an up-to-date version of the Constitution and willensure that it is widely available for consultation by members, staff and the public.

(b) Ensuring lawfulness and fairness of decision makingAfter consulting with the Head of Paid Service and S151 Officer, the MonitoringOfficer will report to the Council or Committee if he or she considers that anyproposal, decision or omission would give rise to unlawfulness or if any decision oromission would give rise to maladministration. Such a report will have the effect ofstopping the proposal or decision being implemented until the report has beenconsidered.

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(c) Supporting the conduct work of the Finance & Governance CommitteeThe Monitoring Officer will contribute to the promotion and maintenance of highstandards of conduct through provision of support to the Finance & GovernanceCommittee and its Hearings Sub-Committee.

(d) Receiving ReportsThe Monitoring Officer will receive and act on reports made in connections withinvestigations in to Member Conduct.

(e) Conducting InvestigationsThe Monitoring Officer will conduct investigations, or authorise investigations to beundertaken into matters relating to Member Code of Conduct and make reports orrecommendations in respect of them to the Finance & Governance Committee andits Hearings Sub-Committee.

(f) Proper Officer for Access to InformationThe Monitoring Officer will ensure that decisions, together with the reasons for thosedecisions and relevant officer reports and background papers are made publiclyavailable as soon as possible.

(g) Providing AdviceThe Monitoring Officer will provide advice on the scope of powers and authority totake decisions, maladministration, financial impropriety, probity to all Councillors.

(h) Restrictions on PostsThe Monitoring Officer cannot be the S151 Officer or the Head of Paid Service.

8.04 Functions of the Chief Finance Officer

(a) Ensuring lawfulness and financial prudence of decision makingAfter consulting with the Head of Paid Service and the Monitoring Officer, the S151Officer will report to the full Council and the Council's external auditor if he or sheconsiders that any proposal, decision or course of action will involve incurringunlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or if theCouncil is about to enter an item of account unlawfully.

(b) Administration of financial affairsThe S151 Officer will have responsibility for the administration of the financial affairsof the Council.

(c) Contributing to corporate managementThe S151 Officer will contribute to the corporate management of the Council, inparticular through the provision of professional financial advice.

(d) Providing adviceThe S151 Officer will provide advice on the scope of powers and authority to takedecisions, maladministration, financial impropriety, probity to all Councillors and theelected mayor and will support and advise Councillors and officers in their respectiveroles.

(e) Give financial informationThe Chief Finance Officer will provide financial information to the media, members ofthe public and the community.

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8.05 Proper Officer Functions

The Council's "Proper Officer" functions are set out in Section 2 of Part 3 of this Constitution.

8.06 Duty to provide sufficient resources to the Monitoring Officer and the S151Officer

The Council will provide the Monitoring Officer and the S151 Officer with such officers,accommodation and other resources as are in their opinion sufficient to allow their duties tobe performed.

8.07 Conduct

Officers will comply with the Employee’s Code of Conduct (Key document to theConstitution) and the Protocol on Officer/Member Relations set out in Part 5 of thisConstitution.

8.08 Employment

The recruitment, selection and dismissal of officers will comply with the Officer EmploymentProcedure Rules.

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ARTICLE 9 DECISION MAKING

9.01 Responsibility for decision making

The Council will issue and keep up to date a record of which part of the Council or individualhas responsibility for making particular types of decisions or decisions relating to particularareas of functions. This record is set out in Sections 1 and 2 of Part 3 of this Constitution.

9.02 Principles of decision making

All decisions of the Council will be made in accordance with the following principles:

(a) proportionality (i.e. the action must be proportionate to the intended outcome);

(b) due consultation and the taking of professional advice from officers;

(c) respect for human rights;

(d) a presumption in favour of openness;

(e) clarity of aims and desired outcomes;

(f) having regard to all relevant considerations and ignoring all irrelevant ones;

(g) a realistic evaluation of any alternative;

(h) due consultation through effective access for the public to decision making anddecision makers.

9.03 Decision making by the full Council

Except as otherwise provided, the Council meeting will follow the Council Procedure Rulesset out in Section 1 of Part 4 of this Constitution when considering any matter.

9.04 Decision Making by Scrutiny Committee

Scrutiny Committee will follow the Scrutiny Procedure Rules set out in Section 4 of Part 4 ofthis Constitution when considering any matter.

9.05 Decision Making by other Committees and Sub-Committees established by theCouncil

Except as otherwise provided, other Council Committees and Sub-Committees will followthose parts of the Council Procedure Rules set out in Section 1 of Part 4 of this Constitutionas apply to them.

9.06 Decision Making by Council Bodies acting as Tribunals

The Council, a Committee or an officer acting as a tribunal or in a quasi judicial manner ordetermining/considering (other than for the purposes of giving advice) the civil rights andobligations or the criminal responsibility of any person, will follow a proper procedure whichaccords with the requirements of natural justice and the right to a fair trial contained in Article6 of the European Convention on Human Rights.

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ARTICLE 10 FINANCE, CONTRACTS AND LEGAL MATTERS

10.01 Financial Management

The management of the Council's financial affairs will be conducted in accordance with theFinancial Procedure Rules set out in Section 5 of Part 4 of this Constitution.

10.02 Contracts

Every contract made by the Council will comply with the Contracts Procedure Rules set outin Section 6 of Part 4 of this Constitution. Contracts, or relevant documents, must be attestedby the Head of Legal & Democratic Services (or the Chief Executive or Principal Solicitor).

10.03 Legal Proceedings

The Head of Legal & Democratic Services or Chief Executive is authorised to institute,defend or participate in any legal proceedings in any case where such action is necessary togive effect to decisions of the Council or in any case where the Head of Legal & DemocraticServices or Chief Executive considers that such action is necessary to protect the Council'sinterests.

10.04 Authentication of Documents

Where any document is necessary to any legal procedure or proceedings on behalf of theCouncil, it will be signed by the Head of Legal & Democratic Services, Chief Executive orother person authorised by them, unless any enactment otherwise authorises or requires, orthe Council has given requisite authority to some other person.

10.05 Common Seal of the Council

The Common Seal of the Council will be kept in a safe place in the custody of the Head ofLegal & Democratic Services. A decision of the Council, or of any part of it, will be sufficientauthority for sealing any document necessary to give effect to the decision. The CommonSeal will be affixed to those documents, which in the opinion of the Head of Legal &Democratic Services should be sealed. The affixing of the Common Seal will be attested bythe Head of Legal & Democratic Services (or the Chief Executive or Principal Solicitor).

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ARTICLE 11 REVIEW AND REVISION OF THE CONSTITUTION

11.01 Duty to Monitor and Review the Constitution

The Monitoring Officer will monitor and review the operation of the Constitution to ensurethat the aims and principles of the Constitution are given full effect.

Protocol for Monitoring and Review of Constitution by Monitoring Officer

A key role for the Monitoring Officer is to be aware of the strengths and weaknesses of theConstitution adopted by the Council, and to make recommendations for ways in which itcould be amended in order better to achieve the purposes set out in Article 1. In undertakingthis task the Monitoring Officer may:

1. observe meetings of different parts of the Member and Officer structure;

2. undertake an audit trail of a sample of decisions;

3. record and analyse issues raised with him/her by Members, Officers, the public andother relevant stakeholders; and

4. compare practices in this authority with those in other comparable authorities, ornational examples of best practice.

11.02 Changes to the Constitution

(a) ApprovalChanges to the constitution will only be approved by the full Council, save that minoramendments may be made by the Monitoring Officer/ Head of Legal & DemocraticServices to ensure that the Constitution complies with relevant legislation.

(b) Change to a mayoral form of executiveThe Council must take reasonable legislative steps to consult with local electors andother interested persons in the area when drawing up proposals and must hold abinding referendum.

(c) Change to a "leader and cabinet" form of executiveThe Council must take reasonable legislative steps to consult with local electors andother interested persons in the area when drawing up proposals in accordance withany legislative requirements.

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ARTICLE 12 SUSPENSION, INTERPRETATION AND PUBLICATION OF THECONSTITUTION

12.01 Suspension of the Constitution

(a) Limit to suspensionThe Council Procedure Rules set out in Part 4 of this Constitution may be suspendedby the full Council to the extent permitted below, within those Rules and the law. NoArticles or other Rules of Procedure set out in Part 4 may be suspended.

(b) Procedure to suspendA motion to suspend Council Procedure Rules at any meeting of Council, anycommittee or other Member body may only be moved, in the absence of formalwritten notice (under Council Procedure Rules) if at least half the Members of theCouncil, Committee or Member body (as appropriate) are present. The extent andduration of suspension will be proportionate to the result to be achieved, takingaccount of the purposes of the Constitution set out in Article 1.

(i) subject to para (a) of this Article and where necessary for the effectiveconduct of Council business, any one or more of the Council Procedure Rulesmay be suspended:-

- at any meeting of the whole Council and/or- at any committee or other Member body meeting

provided at least two-thirds of the Members present and voting shall sodecide.

(c) Rules capable of suspensionThe following Rules may be suspended in accordance with Article 12.01.

All of the Council Procedure Rules, except Rule 9.1.4 (right to require an individualvote to be recorded) and Rule 21.1 (suspension) may be suspended in accordancewith this article.

12.02 Interpretation

The ruling of the Chairman of Council as to the construction or application of thisConstitution or as to any proceedings of the Council shall not be challenged at any meetingof the Council. Such interpretation will have regard to the purposes of this Constitutioncontained in Article 1.

12.03 Publication

(a) The Chief Executive provide access to the Constitution and/ or will give a printedcopy of this Constitution to any Member of the authority requesting the same upondelivery to him/her of that individual's declaration of acceptance of office on theMember first being elected to the Council.

(b) The Chief Executive will ensure that copies are available for inspection at counciloffices, libraries and other appropriate locations, and can be purchased by membersof the local press and the public on payment of a reasonable fee.

Version: 27 July 2012 Legal/ECDC Constitution3 (1)


CONSTITUTION

PART 3

RESPONSIBILITY FOR FUNCTIONS

COUNCIL COMMITTEES AND OTHER MEMBER BODIES

OBJECTIVES, TERMS OF REFERENCE AND DELEGATIONTO OFFICERS


A. COUNCIL


COUNCIL

1.0 Constitution

Full Council comprises the 39 Members of the Council. Its quorum is one quarter ofthe total membership (10) - unless more than 1/3 of the total membership isdisqualified in which case the quorum is 1/4 of those remaining qualified.

2.0 Objectives

2.1 Statement of Overall Purpose and vision

East Cambridgeshire District Council has the following agreed corporate objectives:To run an efficient and effective Council to deliver best value for its residents

To build the foundations for the growth of the economy of EastCambridgeshire; supporting job and wealth creation and improving quality oflife and the environment

3.0 Terms of Reference

Only the Council will exercise the following functions:

3.1 Adopting and changing the Constitution.

3.2 Approving, adopting or amending:3.2.1 the Policy Framework (see 4.1 below),3.2.2 of plans or strategy for the control of the local authority’s borrowing,

investments or capital expenditure or for determining the authority’sminimum revenue provision5 (to the extent not covered by the PolicyFramework,),

3.2.3 code of conduct for elected Members, and3.2.4 any application to the Secretary of State in respect of any Housing

Land Transfer (under the Housing Act 1985 or the Leasehold Reform,Housing and Urban Development Act 1993).

3.3 Agreeing and/or amending the terms of reference for Committees, decidingon their composition and making appointments to them. Terms of referenceand appointment for a Sub-Committee may be agreed by Council or therelevant parent Committee.

3.4 Appointing representatives to outside bodies unless the appointment hasbeen delegated by the Council.

3.5 Adopting, amending or revoking6 a Members' allowances scheme anddetermining the rate of allowances.

3.6 Changing the name of the area or conferring the title of honorary alderman.

3.7 Confirming the appointment of the Chief Executive /the Head of paid service(Council may delegate the selection process for this post to a panel reportingto it).

5 See footnote above6 Part 2 Regulation 3(3) SI 2012/1020 wording


3.8 Making, amending, revoking, re-enacting or adopting bylaws and promotingor opposing the making of local legislation or personal Bills.

3.9 Approving the Statement of Principles under the Licensing Act 2003 andGambling Act 2005 and any revision, and considering a policy to not permitany further casinos in its area.

3.10 Approval of Compulsory Purchase action proposed by Committee.

3.11 Approval of any Plans or Strategy that is required to be submitted to theSecretary of State or any Minister for the Crown (whether or not in the form ofa draft)7. This does not apply to subsequent amendments giving effect to therequirements of the Secretary of State or Minister of the Crown.8

3.12 Making requests to the Local Government Boundary Commission for England,or functions relating to passing a resolution to change schemes of elections9.

3.13 Making an Order following a Community Governance Review.10

3.14 Approval of voting rights for co-optees in an Overview and ScrutinyCommittee11.

3.15 All other matters, which by law, must be reserved to Council.

4.0 Meanings

4.1 Policy Framework

The policy framework means the following plans and strategies:(i) those which the law requires that only the full Council can adopt12, i.e.: the Council's Corporate Improvement Plan; the Annual Treasury Management Strategy, and Annual Investment

Strategy; the Budget and setting of Council tax; (where appropriate) the Internal Audit Plan to Council; any policy documents that require Council approval, forming the Local

Development Framework; Community Infrastructure Levy; Local Transport plan; environmental enhancement schemes; supplementary planning guidance; Senior Officer Pay Policy13; Crime and Disorder Reduction Strategy. Children and Young Peoples Plan. Health Improvement Strategy; Sustainable Community Strategy.

4.2 BudgetThe budget includes the allocation of financial resources to different servicesand projects, proposed contingency funds, the council tax base, setting thecouncil tax and decisions relating to the control of the Council's borrowing

7 SI 2012/1020 Regulation 3(2)(c)8 SI 2012/1020 Regulation 3(10)(a)9 SI 2012/1020 Regulation 3(5)10 SI 2012/1020 Regulation 3(7)11 SI 2012/1020 Regulation 3(8)12 Updated l ist 23 February 2011 to reflect updated legislation and policy documents under 11.02(a)


requirement, the control of its capital expenditure and the setting of virementlimits.

5.0 Delegation to Officers5.1 The Chief Executive is authorised to act in relation to any matter of immediate

urgency, which must be dealt with before the next meeting of the Councilprovided:

(a) the Leader of the Council (if any), otherwise Group Leaders, areconsulted prior to delegated decisions being made;

(b) Leaders of Groups and the Chairman of Council are notifiedimmediately of any action taken under this delegated power;

(c) action taken shall as soon as practicable be reported to Council.

5.2 There shall be delegated to the Chief Executive, and in his absence to theDeputy Chief Executive the exercise of any power or function of the Council inroutine matters related to the implementation of agreed strategies andprogrammes and falling within established policies and procedures and withinexisting budgets after appropriate consultation with the Leader of the Council(if any) or otherwise with all Group Leaders.

For the avoidance of doubt this delegation shall include the power toauthorise others to exercise such powers.

This delegation shall not be taken to include any matter reserved by law tothe Full Council.

5.3 There are further delegated to the officers indicated below the exercise of anypower or function of the Council relating to the matters set out below.

Appointment of Members to Committees

To make minor in-year changes in committeememberships within the agreed proportionality at therequest of Group Leaders

Principal DemocraticServices Officer

Civil EmergenciesEnforcement and Other Proceedings

Civil Defence Act 1948The functions of District Controller Chief Executive

Local Government (Miscellaneous Provisions)Act 1976Power to make decisions, spend money and take allactions necessary for the immediate alleviation ofhardship or suffering in the event of peacetimeemergencies in the District.

Chief Executive

Court ProceedingsLocal Government Act 1972 s.223To represent the Council in the Magistrates andCounty Court, at inquiries etc.

Head of Legal Services todelegate to appropriate localauthority officers (including

Legal Executives/TraineeSolicitors(Solicitors and Barristershave automatic authority)


Council MeetingsTo determine the annual calendar of meetings. Principal Democratic

Services Officer

Legal ProceedingsTo commence legal proceedings (includingprosecutions, injunctions and other proceedings) inrelation to the Council's functions as set out instatute (subject to being satisfied as to evidence).

Head of Legal & DemocraticServices or Chief Executive

Sealing of DocumentsAuthorisation to affix the Council's seal to all deedsand agreements under seal made in respect of anyfunctions of the Council, its committees, properofficer, etc.

Head of Legal & DemocraticServices, Chief Executive orPrincipal Solicitor


B. POLICY COMMITTEES

I) COMMUNITY & ENVIRONMENT COMMITTEE

II) DEVELOPMENT & TRANSPORT COMMITTEE

III) FINANCE & GOVERNANCE COMMITTEE

IV) PERSONNEL & CORPORATE SERVICESCOMMITTEE


COMMUNITY & ENVIRONMENT COMMITTEE

1.0 Constitution

1.1 The Committee shall comprise of 11 Members of the Council who shall beappointed annually by full Council (from the full membership). Its quorum is 5.

2.0 Objectives

2.1 To formulate Policy, monitor and oversee operational matters relating to: the promotion of community, wellbeing of residents and visitors; accessible and high quality leisure, tourism and cultural services; safer environment and healthy living; Effective / reduced use of resources and the reduction of pollution to the

natural environment.


The Committee's terms of reference shall be:

3.1 To monitor performance and operational matters (review service plans andinstigate service reviews) for the following service areas:

Community Services including leisure and cultural services, tourism, andCCTV;

Environmental Services including Commercial, Domestic Health and Safety,Waste and Recycling and Street Cleansing.

3.2 To approve the Council’s Strategic Policy on: Public Health matters including Environment, Environmental Services

(Commercial, Domestic Health and Safety) Waste Strategy (Waste, recycling& street cleaning) and climate change;

the provision of public parks and open spaces, recreation grounds,playgrounds, swimming pools, leisure/ sports facilities, markets, the Maltingsand public halls;

Cultural Services including tourism, sports development, the arts, heritage andrecreation, both through directly provided services and through partner andcontracting organisations;

Neighbourhood safety (including CCTV); and Neighbourhood Panels.

3.3 To approve any environmental enforcement14 policies (save that overallCorporate enforcement policies to be approved by Finance & GovernanceCommittee).

3.4 To discharge the Council’s responsibilities under the Children Act 2004 andthe Young Persons Strategic Partnership.

3.5 To agree the criteria for and award the Discretionary Rate Relief Scheme anddetermine appeals/ reviews for Discretionary Rate Relief.

3.6 To award grants for the following grant schemes: Community Projects (Revenue & Capital); Voluntary Organisations; and

14 Excludes Licensing and Planning functions reserved under legislation to their relevant Committee or Council.


to approve Service Level Agreements for organisations in receipt of mediumterm revenue support in excess of £5,000 per annum.

3.7 To make nominations to any relevant outside bodies forCommunity & Environment Committee from the wider membership of theCouncil, for a period of up to 4 years15.

3.8 To monitor and make recommendations to Council on: Community Development (including Sustainable Community Strategy); Youth Issues (including Children and Young People’s Plan, any Youth Justice

Plan); Crime & Disorder (including Crime and Disorder Reduction Strategy): Acquisitions of empty properties for purchase. Children and Young Peoples Plan. Health Improvement Strategy; Sustainable Community Strategy.

3.9 Approval of any Policy or Strategy must be within-budget or virements rulesand decisions that go beyond such provision must be referred to Finance &Governance for final approval.

4.0 Delegation to Committee

4.1 Subject to the provisions of the Council’s Constitution and Financial ProcedureRules, the Committee has delegated authority to act on behalf of the Councilin the matters outlined above, unless budgetary issues are reserved toFinance & Governance Committee, or Full Council or delegated to Officers.

5.0 Delegation to Officers

5.1 The Chief Executive / Deputy Chief Executive or appropriate Head of Serviceare authorised to act in relation to any matter of immediate urgency whichmust be dealt with before the next meeting of the Committee provided:

the Chairman or Vice Chairman of the Committee is consulted prior todelegated decisions being made;

Group Leaders are notified immediately of any action taken under thisdelegated power;

action taken is reported to the next Committee; and it excludes any decision, which is by law expressly vested in the Council or

main Committee.

5.2 There shall be delegated to the Chief Executive / Deputy Chief Executive orappropriate Head of Service within their appropriate remit, the exercise of anypower or function of the Council in routine matters related to theimplementation of agreed strategies and programmes, falling withinestablished policies and procedures and within existing budgets afterappropriate consultation with the Chairman or Vice Chairman of the relevantCommittee.

For the avoidance of doubt this delegation shall include the power to authoriseothers to exercise such powers.

This delegation shall not be taken to include any matter reserved to the FullCouncil.

15Such period to mirror the 4 year election cycle.


5.3 There are further delegated to the officers indicated below the exercise of anypower or function of the Council relating to the matters set out below under theListed Acts or any amendment, modification, or re-enactment of those Acts, orRegulations/Orders made under those Acts:

GrantsDetermination of all community grantrequests under £5,000 under establishedgrant schemes (EXCEPT housing andbuilding grants- see Development &Transport Committee).

Head of Community Services orChief Executive

Building Act 1984ss. 59, 60-64, 65, 76, 95.

Head of Environmental Services orChief Executive

Clean Air Act 1993. Head of Environmental Services orChief Executive

Clean Neighbourhoods and EnvironmentAct 2005.


Contaminated Land (England) Regulations2006 (as amended)


Control of Pollution Act 1974. Head of Environmental Services orChief Executive

Control of Pollution Amendment Act 1989 Head of Environmental Services orChief Executive

Criminal Justice and Public Order Act 1994. Head of Legal & Democratic Servicesand Head of Environmental Services

Crime and Disorder Act 1998 Head of Environmental Services orHead of Legal & Democratic Services

Dogs Act 1871. Head of Environmental ServicesChief Executive

Dogs (Fouling of Land) Act 1996. Head of Environmental Services orChief Executive

Environment Act 1995. Head of Environmental Services orChief Executive

Environmental Protection Act 1990 (asamended) and all current EnvironmentalDamage, Permitting and ProtectionRegulations in force.


Factories Act 1961. Head of Environmental Services orChief Executive

Food and Environmental Protection Act1985.



All current Food Safety and Food HygieneRegulations in force.


Health Act 2006Service of Advisory and Warning Letters.

All qualified Environmental HealthOfficers and appropriately authorisedEnforcement Officers

Service of Fixed Penalty Notices. All qualified Environmental HealthOfficers and appropriately authorisedEnforcement Officers

Reports to Legal & Democratic Services

Preparation of Reports

Decision to submit a report to LegalDepartment.

All qualified Environmental HealthOfficers and appropriately authorisedEnforcement Officers

Head of Environmental Health

Health and Safety at Work etc 1974 andHealth and Safety (Enforcing Authority)Regulations 1989.


Housing Act 2004. Head of Environmental Services orChief Executive

Land Drainage Act 1991. Head of Environmental Services orChief Executive

Litter Act 1983. Head of Environmental Services orChief Executive

Local Government (MiscellaneousProvisions) Act 1976ss.16, 20, 35, 50(4), 53(3), 56(3), 56(4),58(2), 68.


The appointment of additional market datesfor markets established under the Food Act1984

Head of Community Services orChief Executive, in consultation withthe Chairman/ Vice Chairman ofCommittee

Mines and Quarries Act 1954. Head of Environmental Services orChief Executive

National Assistance Act 1948 and NationalAssistance (Amendments) Act 1951.


Noise Act 1996. Head of Environmental Services orChief Executive

Noise and Statutory Nuisance Act 1973 and1993.


Noise Insulation Regulations 1973. Head of Environmental Services orChief Executive

Offices Shops and Railway Premises Act1963.



The Pollution, Prevention and Control Act1999 [or The Environmental Permitting(England and Wales) Regulations 2007].


Prevention of Damage by Pests Act 1949. Head of Environmental Services orChief Executive

Private Water Supply Regulations 2009 Head of Environmental Services orChief Executive

Public Health (Control of Disease) Act 1984. Head of Environmental Services orChief Executive

Public Health (Infectious Disease)Regulations 1988.


Public Health Acts 1936 and 1961. Head of Environmental Services orChief Executive

Rag Flock and Other Filling Materials Act1951.


Refuse Disposal (Amenity) Act 1978 Head of Environmental Services orChief Executive

Sunday Trading Act 1994. Head of Environmental Services orChief Executive

The Products of Animal Origin (ThirdCountry Imports) (England) (Amendments)Regulations 2007.


Public Health (Control of Disease) Act 1984. Head of Environmental Services orHead of Legal & Democratic Services

Vehicle Crime Act 2001 Head of Environmental Services orHead of Legal & Democratic Services

Waste Minimisation Act 1998 Head of Environmental Services orChief Executive

Water Industry Act 1991 Head of Environmental Services orChief Executive


DEVELOPMENT & TRANSPORT COMMITTEE

1.0 Constitution

1.1 The Committee shall comprise of 11 Members of the Council who shall beappointed annually by full Council (from the full membership). Its quorum is 5.

2.0 Objectives

2.1 To formulate Policy, monitor and oversee operational matters relating to: accessible, integrated and affordable transport system (including car parking); the built environment and housing; dynamic local economy; and the management of sustainable development and growth.


The Committee’s terms of reference shall be:

3.1 To monitor performance and operational matters (review service plans andinstigate service reviews) for the following service areas:

Development Services; Housing; Housing grant services16

Car parking (on and off street).

3.2 To approve Housing Strategy (including Supporting People, Tenancy Strategyand Homelessness Strategy, Allocations Policy and other strategy), andstatutory housing function, including the Housing Capital Programme, Homesand Communities Agency, Cambridgeshire Local Investment Plan (Housing)and reports on the Homelessness Service.

3.3 To agree the criteria for and award of the following grant schemes: housing grants schemes; and conservation area and historic buildings grant schemes

3.4 To establish and implement the Council’s policies for economic and businessdevelopment.

3.5 To consider and approve designation of neighbourhood areas, neighbourhoodplans and neighbourhood development orders.

3.6 To establish a strategic policy framework for the Council’s, on and off-street,car parking and approval of final car parking orders.

3.7 To approve and monitor the Council’s policies on transport (and comment onany County plans on local transport).

3.8 To approve any development, housing or transport related enforcementpolicies (save that overall Corporate enforcement policies to be approved byFinance & Governance Committee).

3.9 To approve Article 4 directions.

16 Such as Care & Repair.


3.10 To make nominations to any relevant outside bodies forDevelopment & Transport Committee from the wider membership of theCouncil, for a period of up to 4 years17.

3.11 To consider and make recommendations to Council on: any strategic policy documents, Plans or alterations of such Plans or

documents forming the Local Development Framework, Duty to Cooperate,Community Infrastructure Levy, Local Transport Plan environmentalenhancement schemes, supplementary planning guidance, area of specialcontrol of advertisements.

3.12 Approval of any Policy or Strategy must be within-budget or virements rulesand decisions that go beyond such provision must be referred to Finance &Governance for final approval.

4.0 Delegation to Committee




the Chairman or Vice Chairman of the Committee is consulted prior todelegated decisions being made;

Group Leaders are notified immediately of any action taken under thisdelegated power;

action taken is reported to the next Committee;; and it excludes any decision, which is by law expressly vested in the Council or

main Committee.

5.2 There shall be delegated to the Chief Executive / Deputy Chief Executive orappropriate Head of Service within their appropriate remit, the exercise of anypower or function of the Council in routine matters related to theimplementation of agreed strategies and programmes, falling withinestablished policies and procedures and within existing budgets afterappropriate consultation with the Chairman or Vice Chairman of the relevantCommittee.


This delegation shall not be taken to include any matter reserved to FullCouncil.




Car ParkingThe maintenance and running of off-streetcar parks.

Head of Community Services orChief Executive

To institute legal proceedings contraventionof off-street car parking orders.

Head of Legal & Democratic Services

Housing Act 1996 (as amended byHomelessness Act 2002)Part VIIThe Council’s powers and duties to househomeless people who satisfy criteria laiddown in the Act and by the Council.

Senior Housing Officer

Part VIIReview of Decisions to determine requestsfor reviews from applicants againstdecisions made under the homelessnessprovisions.

Head of Housing Services / or in herabsence Head of Legal & DemocraticServices

Housing Act 1985 (as amended by HousingAct 1996) Part XService of notice and action to preventovercrowding in houses.


High HedgesTo take decisions and actions and to issuenotice in accordance with the High HedgesPolicy and Procedures.

Chief Executive/Head of Planning & SustainableDevelopmentHead of Legal & DemocraticServices, Principal DevelopmentControl Officer and Team LeadersDevelopment Control

Housing Social GrantTo act as the Council’s signatory to certifyclaims to the Housing Corporation for LocalAuthority Social Housing Grant.

Head of Finance

The Child Support, Pensions and SocialSecurity Act 2000 & the DiscretionaryFinancial Assistance Regulations 2001To hear and determine appeals fromapplicants for discretionary housingpayments.

Head of Finance

Traffic OrdersTo respond to County Council consultationson proposed traffic orders, in consultationwith the local Member(s).

Head of Planning & SustainableDevelopment

Footpath OrdersTo make footpath orders where no adversecomments are received from LocalMembers and other consultees



The Planning (Listed Buildings andConservation Areas) Act 1990Section 57To award grants of up to £4,000

Head of Planning & SustainableDevelopment/ Chief Executive

To approve grant applications where thereis a clear urgency for an early decision,subject to consultation with the Chairman ofthe Committee.

Head of Planning & SustainableDevelopment/ Chief Executive

Business Incentive Grants Scheme - todetermine applications within the approvedcriteria, up to £5,000.


Housing Grants, Construction andRegeneration Act 1996Section 13, 18, 24, 76, 115, 131Power to grant and refuse applications forgrants and discretionary assistance.

Head of Environmental Services orHead of Finance

Housing Grants, Construction andRegeneration Act 1996 section 82Power of entry

Head of Environmental Services andHead of Legal & Democratic Services

Section 112-114Power to grant and refuse applications forrenovation, disabled facilities, HMO andcommon parts grants.


Housing Act 1985(as amended by the Local Government andHousing Act 1989)After consultation with the Head of Financeand Chief Executive to waive the repaymentof repairs grants, in accordance with thecriteria laid down by the Council.

Undertake preliminary action to obtainvaluations, identify budget/ and or findpartnering organisation(s) forrecommendation to Community &Environment Committee on purchase/ orcompulsory purchase orders [for emptyproperties, in accordance with Acquisition ofLand Act 1981/ Housing Act 1985 (asamended), legislative procedure.


Local Government and Housing Act 1989Power to grant and refuse grants.


Local Government and Housing Act 1989Power of entry and penalty for obstructionsection 97


Localism Act 2011Assistance to Parish Councils to prepareneighbourhood plans and neighbourhooddevelopment orders



Town and Country (General PermittedDevelopment) Order 1995Service of Article 4 in emergency, restrictingdevelopment subject to notification of anysuch action being made as soon aspracticable to a meeting of the Development& Transport Committee

Head of Planning & SustainableDevelopment Principal DevelopmentControl Officer


FINANCE & GOVERNANCE COMMITTEE

1.0 Constitution

1.1 The Committee shall comprise 11 Members of the Council who shall beappointed annually. Its quorum is 5.

2.0 Objectives

2.1 The oversight and approval of Financial, Audit, Governance, CorporateStrategy or Plans, Asset Management, Business Continuity, RiskManagement, Corporate Performance and Emergency Planning matters (nototherwise the responsibility of the Council or any other Committee).



3.1 To monitor performance and operational matters (review service plans18 andinstigate service reviews) for the following service areas:

Corporate strategy; Asset Management; Business Continuity and Emergency Planning; and Communications.

3.2 Review the Council’s Corporate Improvement Plan, including Corporateobjectives, key strategic indicators, monitor Corporate performance againstthese (six monthly) and approve all final Service Review Improvement Plans.

3.3 Consideration of Annual Audit letter to Members, Annual Audit and InspectionFee Letter, and the Audit Commission Annual Governance Report, AnnualAudit Plan and Code of Audit Practice and Statement of Responsibilities.

3.4 To approve the Annual Governance Statement.

3.5 To approve the Medium Financial Strategy and Statement of Accounts.

3.6 To approve budget virements above £10,000.

3.7 To undertake quarterly monitoring of revenue and capital expenditure againstapproved budgets

3.8 To agree the Internal Audit Terms of Reference and Internal Audit Plan, reviewand consider the Plan, any Annual Report and, or Opinion.

3.9 To investigate financial/ budgetary matters pertaining to the Council and makerecommendations where appropriate.

3.10 To oversee and approve the Code of Corporate Governance. To oversee theCouncil’s Corporate Governance arrangements including Anti-Fraud andCorruption Policy.

3.11 Review of the Council’s Constitution and scheme of delegation to officersincluding Procedure Rules, Codes and guidance.

18 All other Service Plans to be reviewed by relevant Committees Corporate Performance may be monitored by Finance &Governance in addition to main Committee


3.12 To approve requests for the disposal of land and/or rights by agreement.

3.13 To approve Corporate Policies on enforcement and surveillance and receiveany relevant external reports.

3.14 To approve requests for added years in the event of staff redundancy.

3.15 To oversee the Council’s Corporate Risk Register and recommend revisions tothe Council’s Risk Management Strategy.

3.16 To consider, and where not delegated to Full Council, approval of any Policy/Strategy or Plan that falls within the remit of the other Policy Committees,where this is beyond the existing service budget or virements rules.

3.17 To consider and accept or reject expressions of interest19 under theCommunity Right to Challenge.

3.18 To consider and approve service delegations and contracting out of servicesand where the Committee consider this appropriate to refer approval matter forapproval to Full Council.

3.19 In relation to Councillor Conduct:

3.19.1 To promote and maintain high standards of conduct by District, Townand Parish Councillors (including co-opted Members);

3.19.2 To review and advice the Council on amendment of the Councillors’Code of Conduct;

3.19.3 To undertake a review of the Whistleblowing Policy or relatedGovernance issues through the Committee or any designated Sub-Committee;

3.19.4 To receive reports from the Monitoring Officer concerning theoperation of the Member Code of Conduct and complaints;

3.19.5 To promote training and arrange training of Councillors, on mattersrelating to the Member Code of Conduct;

3.19.6 To review and amend processes and procedures relating to complainthandling for Councillor complaints;

3.19.7 To deal with complaints relating to District, Town, Parish or co-optedCouncillors in accordance with procedures and the scheme ofdelegation (to the Monitoring Officer or) Hearings Sub-Committee. TheHearings Sub-Committee shall operate within the approved terms ofreference20 (a Panel of Members, as drawn from the Hearings Sub-Committee shall undertake any final hearing that is required, inconsultation with a Lead or Deputy Independent Person and Town/ orParish Councillors as may be required); and

3.19.8 To appoint any Sub-Committee in substitution for the Hearings Sub-Committee, to deal with the functions in 3.20.6 above.

3.20 To make nominations to any relevant outside bodies forFinance & Governance Committee from the wider membership of the Council,for a period of up to 4 years21.

3.21 To consider and make recommendations to Council on:

19 With modification if the expression would not otherwise be capable of acceptance, providing the relevant body agrees –s84(1) & 84(2) Localism Act 201120

Full Council decision 26 July 2012, with any further amendments to the Terms of Reference as may be required by Finance& Governance Committee.21 Such period to mirror the 4 year election cycle.


the Council’s Corporate Improvement Plan; the Annual Treasury Management Strategy, and Annual Investment Strategy; the Budget and setting of Council tax;(where appropriate) the Internal Audit Plan to Council; the Members’ Allowance scheme including the outcome of any independent

panel reviews.Constitutional reviews.Member Code of Conduct.

4.0 Delegation to Finance & Governance Committee

4.1 Subject to the provisions of the Council’s Constitution, the Committee hasdelegated authority to act on behalf of the Council in relation to the above,unless

reserved to Council:delegated to officers under these or the other Committee terms of reference.


5.1 The Chief Executive / Deputy Chief Executive or where applicable, appropriateHead of Service, are authorised to act in relation to any matter of immediateurgency which must be dealt with before the next meeting of the Committeeprovided:

(a) the Chairman or Vice Chairman of the Committee is consulted prior to thedelegated decisions being made;

(b) spokespersons of minority groups are notified immediately of any action takenunder this delegated power;

(c) action taken is reported to the next Committed)(d) it excludes any decision, which is by law expressly vested in the Council.

5.2 There shall be delegated to the Chief Executive / Deputy Chief Executive orHead of Service within their appropriate remit, the exercise of any power orfunction of the Council in routine matters related to the implementation ofagreed Strategies, Policies and programmes, falling within established policiesand procedures and within existing budgets.



5.3 There are further delegated to the officers indicated below the exercise of anypower or function of the Council relating to the matters set out below (whetherPolicy approval, monitoring or operational matters have been delegated to aSub-Committee22 or not) under the Listed Acts or any amendment,modification, or re-enactment of those Acts, or Regulations/Orders madeunder those Acts:

Council Tax Benefit (General) Regulations1992To determine, award and refuse CouncilTax Benefits.

Head of Finance as delegated to theAnglia Revenues and BenefitsPartnership.

Housing Act 1985 Head of Finance or Head of Legal &

22 See Officers powers delegated under Sub-Committee Terms of Reference, which are deemed to have come through thisCommittee for the purposes of any Constitutional Scheme of delegation to Officers


To approve and not refuse, applications forborrowers for housing allowances to varythe terms of repayment of loans by theCouncil.

Democratic Services

To take appropriate action in cases ofdefault by Council Mortgagors in theirrepayment, following consultation with thelocal councillor(s) concerned.

Head of Finance or Head of Legal &Democratic Services

To consent to a mortgagor effecting asecond mortgage.


Implementation of the higher of theNational Standard Rate or Local AverageRate of mortgage interest (NB: Housepurchase loans advanced prior to October1980) to review annually in March theinterest rate being charged to mortgagorsand adjust it to the Standard NationalRate.


Local Government Finance Act 1988National non-domestic ratesTo deal with refunds, part-occupation ofhereditaments, mandatory anddiscretionary rate relief, rebates arrears,including bankruptcies, tenants andlodgers, valuation (including agreementsand appeals to Valuation Courts), Courtproceedings distress proceedings andwrite offs up to £1000 where recovery isunlikely or uneconomic.

Head of Finance

To deal with write-offs exceeding £1,000but under £20,000, after consultation withthe Chairman) of the Committee, whererecovery is unlikely or uneconomic.

Head of Finance

Section 49To determine applications for remission ofnon-domestic rates on hardship grounds.

Head of Finance

To determine applications in respect ofpartly occupied properties.

Head of Finance


Local Government Finance Act 1992 asamended)Council TaxTo deal with/authorise: issue of completionnotices, discounts, recovery andenforcement exemptions, agreement ofalternative and voluntary instalmentarrangements, determination of joint andseveral liability, refunds, imposition ofpenalties, reductions for people withdisabilities, second adult rebates,determination of sole or main residence,grant of transitional reductions, write-offsup to £1000 where recovery is unlikely oruneconomic.

Referendum on Council tax

Head of Finance

Head of Finance and ReturningOfficer/ Deputy Returning Officer

To deal with write-offs exceeding £1,000but under £5,000, after consultation withthe Chairman of the Committee, whererecovery is unlikely or uneconomic.

Head of Finance

To determine matters where appeals maybe made to the Council as billing authority.

Head of Finance

To administer the Collection Fund. Head of Finance

To agree the settlement of preceptpayment dates with the Major and LocalPrecepting Authorities.

Head of Finance

To remit, by way of write-off, any amountsbecoming due through the revised policy toremove discretionary Council Tax discountfor empty properties, in exceptionalcircumstances or on hardship grounds,after consultation with the Chairman of theCommittee.

Head of Finance

Localism Act 2011 & The Community Rightto Challenge (Expression of Interest andExcluded Services) (England) Regulations2012/1313Expressions of interests sections–1 - 83To consider on a preliminary basis whetherthe expression of interest meets thestatutory requirements and rejection ofthose that do not meet those requirements.

To prepare asset registers in response toan expression of interest

Deputy Chief Executive/ Head ofCommunity Services

Chief Executive/ Deputy ChiefExecutive/ relevant Head of Service


Localism Act 2011Chapter 3 Assets of Community Value23

Make any necessary preparations for theimplementation of the Register of Assets ofCommunity Value

Chief Executive/ Deputy ChiefExecutive

Localism Act 2011Chapter 7To undertake necessary preparatory stepsfor changes to the Standards regime.Recruitment of Independent persons (withfinal approval reserved to Full Council).Deal with any transitional complaints.

Head of Legal & DemocraticServices/ Monitoring Officer

Localism Act 2011District, Town or Parish CouncillorcomplaintsTo consider and accept/ reject complaintsrelating to a District, Town or ParishCouncillor (or co-opted Member). To refercomplaint to Town or Parish forconsideration and resolution.

Monitoring Officer/ Deputy MonitoringOfficer

To re-direct complaints that are unrelatedto Member Conduct to the appropriatecomplaints system of the Council/ or otherauthority (including, where relevant, thePolice).


To seek to informally resolve a complaintrelating to a District, Town or ParishCouncillor (or co-opted Member) with ameeting, mediation or training.


Investigation of complaints against aDistrict, Town, or Parish Councillor (or co-opted Member), or appoint internal orexternal officers or parties to undertakethis on their behalf, in accordance with theapproved complaints handling procedurehaving consulted the Independent Personbefore such a decision is made.


Landlord and Tenant Act 1954Service of all notices in connection withrenewal of tenancies under the Act.

Head of Legal & Democratic Serviceor Head of Finance

Land Compensation Act 1973 Sections 29,33 and 37To approve applications for disturbancepayments and removal expenses, and toapprove applications for home losspayments.

Chief Executive or Head of Finance

Local Government Act 1972 Section 111To arrange negotiations for the acquisition


23 Likely commencement date October 2012


of land which it is anticipated will berequired to meet the Coun’il's ForwardCapital Programme.

Section 111To effect insurance for all services of theCouncil and to make arrangements forclaims on insurance companies and agreesettlements.

Head of Finance

Section 151To agree terms for the Council's bankingarrangements.

Head of Finance

Authority to sign cheques. Chief Executive/ Deputy ChiefExecutive/ Head of Finance/ PrincipalAccountant

Section 172Management of the Council's loan debtand investments.

Head of Finance

Section 215To accept onto the list closedchurchyards.

Head of Legal & Democratic Servicesor Deputy Chief Executive

Local Government (MiscellaneousProvisions) Act 1976Section 16The service of requisitions for informationas to the ownership of property.

Head of Legal & Democratic Servicesor Deputy Chief Executive

Town and Country Planning Act 1990Town and Country Planning (General)Regulations 1976The making of applications for deemedconsent for authorised development tobe carried out by the Council or inrespect of land, which the Council maywish to dispose of with the benefit ofplanning permission.

Head of Planning & SustainableDevelopment or Chief Executive

Housing Benefits24

To determine and adjudicate in all cases ofapplications under the Housing BenefitsScheme, including fixing rent limitations forrent allowances.

Head of Finance

Debts and Financial ClaimsTo institute legal proceedings on behalfof the Council for the recovery of alldebts and defence of all claims.


To write off any individual debt which doesnot exceed £1000, after consultation withthe Head of Legal Services, to ensure that

Head of Finance

24 Subject to enabling legislation, to be known as “Universal credit” anticipated from October 2014 (s1 Welfare Reform Act2012)


all action for recovery has been taken.

To make ex gratia payments tocomplainants under the Council'scomplaints scheme or the OmbudsmanScheme.


To write-off any individual debt exceeding£1,000 but under £5,000, after consultationwith the Chairman of the Committee, afterensuring that all action for recovery hasbeen taken.

Head of Finance

Property IssuesTo approve or refuse requests to disposeof, or lease land identified as suitable fordisposal subject to valuation by the DistrictValuer or any other independent valuer,and arrange wayleaves, easements andlicences in accordance with the Council'spolicy and regular review of landholdings(Safeguard: local members to beconsulted).

Chief Executive or Head of Finance/Head of Legal & DemocraticServices

To act in the purchase of suitableproperties subject to prices being within anappropriate independent valuation, andafter consultation with the Chairman of thisCommittee.

Chief Executive or Head of Finance/Head of Legal & DemocraticServices

To sign wayleave agreements affectingproperty held by the Council.

Head of Legal & DemocraticServices or Head of Finance

To effect the discharge of land chargesand releases of covenants inconveyancing of property by the Council orits predecessors (at an independentvaluation where appropriate).

Head of Legal & DemocraticServices or Deputy Chief Executive

To enter into licences and arrange forrents and licence acknowledgement forsmall parcels of land to be reviewed.

Head of Legal & DemocraticServices/ Chief Executive

To take all necessary steps to enter intooptions on land or property, inconsultation with the Chairman or Vice-Chairman of the Strategic, Policy &Resources Committee, prior to formalapproval by Committee.

Chief Executive/ Head of Finance/Head Legal & Democratic Services

Contract IssuesTo compile a list / catalogue of consultantsand tenderers as appropriate.

Head of Legal & DemocraticServices/or Head of Finance


Unauthorised Vehicular AccessesTo deal with vehicular accessesthroughout the District by way of Licenceor a Deed of Grant of Easement, or, if thisis not possible, by the siting of bollards toprevent vehicular access.

Head of Legal & DemocraticServices/or Head of Finance

Proceedings against Trespass onCouncil LandTo commence court proceedings in anycase of trespass on Council-ownedproperty.


Proceedings against tenants and licenseesTo commence court proceedings againsttenants or licencees of the property fornon-compliance with conditions oftenancy.


Electoral MattersTo act as Returning Officer or ActingReturning Officer, or other role asappropriate.

Chief Executive (or any officer soacting)

To act as Deputy Returning Officer. Deputy Chief Executive (or anyofficer appointed by ReturningOfficer as so acting)

To act as Electoral Registration Officer. Chief Executive (or any officer soacting)

Representation of the People Regulation1986 Section 29To instigate prosecution proceedings inrespect of two-year non-responders asinstructed by the Electoral RegistrationOfficer.

Head of Legal & Democratic Servicesor Chief Executive

Local Government Act 2000 Section 92To make payments where the authority issatisfied that there has beenmaladministration and that the personconcerned has been adversely affected bysuch maladministration.

Chief Executive

ECSPTo agree meetings structure.

Chief Executive/ Head of CommunityServices


FINANCE & GOVERNANCE HEARINGS SUB-COMMITTEE

1. Constitution:

1.1 The Sub-Committee shall comprise of 7 Members of the Council, who shallbe appointed annually by full Council from the full Membership, and up to 2co-opted non-voting Town or Parish Councillors.

1.2 The Council voted nem con on 26 July 2012 to suspend proportionality rulesfor membership (pursuant to section 17 of the Local Government andHousing Act 1989 and Regulation 20 of the Local Government (Committeeand Political Groups) Regulations 1990) as regards the Finance &Governance Hearings Sub-Committee and its panel.

1.3 The Sub-Committee and any Panel quorum is 3 Members, with theattendance of the appointed Independent Person (lead or the deputy). Wherethe Panel considers a complaint against a Town or Parish Councillor, theTown or Parish co-optee must be in attendance at the Panel Hearing

2. Objectives:

2.1 To support the Finance & Governance Committee in its duty to promote andmaintain high standards of Councillor conduct

3. Terms of Reference:

3.1 To appoint Hearing Panels for Stage 6 complaints handling comprising 3elected Members, to consider a complaint against an East CambridgeshireDistrict, or Town or Parish Councillor, where there is an allegations that theCouncillor has failed, or may have failed, to comply with their Authority’s Codeof Conduct and the Monitoring Officer, or her Deputy or appointedinvestigator’s report has concluded that there appears to have been a breachof their Authority’s Code.

3.2 The Panel shall be appointed from the Sub-Committee membership, with anelected Member acting as a reserve Member. Such a Panel can be acombination of any of the Members of the Sub-Committee

3.3 In holding a Stage 6 complaints hearing, the Panel:

3.3.1 Will hold the hearing in public session, unless representations havebeen received from the complainant and / or the Councillor subject tothe complaint, by the Monitoring Officer/ Deputy Monitoring Officernot to do so, and there is a legal basis under the Local GovernmentAct 1972 to hold in exempt session.

3.3.2 May, with the consent of both the complainant and the Councillorsubject to the complaint, consider this without the attendance of theparties (a “paper” hearing).

3.3.3 May, if it considers it reasonable to do so, proceed with any hearing inthe absence of one of the parties.

3.3.4 Must ensure that this is conducted having regard to the hearingsprocedure and any government guidance, or guidance issued by theMonitoring Officer, Deputy Monitoring office or legal advisor.

3.3.5 Must ensure that any Councillor that is subject to the complaint isgiven the opportunity to attend, and / or submit or present evidence


and make representations, either orally or if the member chooses, inwriting; and (b) either personally, or by legal representative, or withthe Panel’s consent, any other representative.

3.3.6 May arrange or agree to the attendance of such witnesses, as theMonitoring Officer, Deputy Monitoring Officer or investigator considersappropriate.

3.3.7 May adjourn the hearing proceedings at any stage prior to the finaldetermination of the complaint.

3.3.8 Will allow the Councillor who is subject to the complaint to call suchwitnesses in support, subject to the Panel limiting the numbers ofwitnesses that a person may call, if it considers that the number theperson proposes to call is unreasonable.

3.3.9 Will seek and take into account the views of the Independent Personat the Panel Hearing before making its final determination on thematter.

3.3.10 [in cases where the complaint relates to a Town or ParishCouncillor] Will seek and take into account the views of the Town orParish co-optee at the Panel Hearing before making its finaldetermination on the matter.

3.3.11 Will determine whether the Councillor subject to the complaint hasbreached their Authority’s Code of Conduct and provide reasons forany decision

3.4 If the Panel concludes that the Councillor subject to the complaint hasbreached their Authority’s Code of Conduct, the Panel may confirm thefollowing sanctions:

3.4.1 No action.3.4.2 That the Councillor be trained.

3.4.3 That the Councillor be censured.

3.4.4 That a recommendation is made to the District Council’s full Council tocensure the District Councillor.

3.4.5 [in the case where the complaint relates to a Town or ParishCouncillor] recommend to the Town or Parish Council that the Townor Parish Council censures the Councillor at a Town or Parishmeeting.

3.5 To assist with good governance, if requested by Finance and GovernanceCommittee.

4. Delegation to Officers4.1 The Monitoring Officer is authorised to act in relation to any matter of

immediate urgency, which must be dealt with before the next meeting of theCommittee provided the Chairman or Vice-Chairman of the Sub-Committee isconsulted prior to delegated decisions being made.

4.2 There shall be delegated to the Monitoring Officer, the exercise of any poweror function of the Council in routine matters related to the implementationDistrict, Town & Parish Councillor complaint procedures.


This delegation shall not be taken to include any matter reserved by law to theFinance & Governance Committee or the Full Council.

4.3 There are further delegated to the officers indicated below the exercise of anypower or function of the Council set out below:

To make arrangements for a Panel hearing,including Members siting on the Panel, and,where relevant, Town or Parish co-opteesattendance.

Principal Democratic ServicesOfficer/ Democratic ServicesOfficer.

To make arrangement for the hearing to beheld in exempt session, if representations arereceived and there is a legal basis for theexempt session under the Local GovernmentAct 1972.

Monitoring Officer/ DeputyMonitoring Officer/ PrincipalDemocratic Services Officer

To agree that a reserve Panel Member maysubstitute for one of the allotted Members atthe hearing.

Monitoring Officer/ or DeputyMonitoring Officer in her absence

To undertake any pre or post hearingpreparation for the hearing including(although not limited to) notifying andrequiring attendance of the complainant, theCouncillor subject to the complaint and anywitnesses.

Monitoring Officer/ DeputyMonitoring Officer

To undertake any post hearings decisiontraining or instruct others (internally orexternally) to do so.

Monitoring Officer/ DeputyMonitoring Officer


PERSONNEL & CORPORATE SERVICES COMMITTEE

1.0 Constitution1.1 The Committee shall comprise of 11 Members of the Council who shall be

appointed annually by full Council (from the full membership). Its quorum is5.

2.0 Objectives

2.1 To ensure that the Council meets its corporate objectives by maximising thecommitment, skills, capabilities, equal opportunity and morale of the staffthrough effective Human Resource strategy, policies and procedures.

2.2 To formulate policy, monitor and oversee operational matters relating to theCorporate Support Services of the Council.



3.1 To monitor performance and operational matters (and instigate servicereviews) for the following service areas:

Finance (Audit & Anglia Revenues Partnership ‘ARP’) Human Resources & Facilities Management25

ICT & Customer Services Legal & Democratic Services

3.2 To appoint Panels (which will include the Chairman of the Council, Personnel& Corporate Services Committee and Political Group Leaders) to advise onthe appointment of the Chief Executive/ Deputy Chief Executive level posts26.

3.3 To represent (via 2 Members) the employer’s side of the Joint ConsultativeCommittee27 “JCC” and receive the minutes of and determine anyrecommendation of the JCC, including local Agreements.

3.4 To approve Policy with respect to all aspects of Human Resources (includingEqual Opportunities, grading, Council’s Travel Plan and staff survey

3.5 To determine requests for early retirement other than for health reasons (makerecommendations to Finance & Governance Committee on added years in theevent of redundancy).

3.6 To act in accordance with the Council’s Disciplinary and Grievance procedurein respect of either consider/ recommend disciplinary action or acting as anappeal body in relevant cases (who will establish a 3 member appeals Sub-Committee from the membership of Personnel & Corporate ServicesCommittee to undertake this function).

3.7 To comment as required on Personnel items of national interest, such as paynegotiations and single status.

3.8 Development, implementation and monitoring of the Council’s IT/IS Strategy,e-government and Customer Access Strategy including CustomerRelationship Management.

25In respect of Facilities, excluding those matters that fall within Finance & Governance Committee, such as assets/ disposal/

emergency planning and business continuity26 The appointment of the Chief Executive is a function of the Council.27 This is not a Committee as defined by the Local Government Act 1972 and acts as a consultative forum


3.9 To consider and where appropriate approve any Freedom of Information Act,Environmental Information Regulation and Data Protection Act Reports.

3.10 To review and approve any Petitions Scheme or Policy.

3.11 To make nominations to any relevant outside bodies forPersonnel & Corporate Services Committee from the wider membership of theCouncil, for a period of up to 4 years28.

3.12 To make recommendations to Finance & Governance Committee:Changes to delegated services/ or requests for delegation of services,

where there are TUPE implications.

3.13 To make recommendations to Council on:Changes to Revenues & Benefits arrangements;Senior Officers’ Pay Policy29;Human resource implications of joint/ shared service proposals.

3.14 Approval of any Policy or Strategy must be within-budget or virements rulesand decisions that go beyond such provision must be referred to Finance &Governance for final approval..

4.0 Delegation to the Committee.


5.0 Delegation to Officers.


a) the Chairman or Vice Chairman of the Committee is consulted prior todelegated decisions being made;

b) Group Leaders are notified immediately of any action taken under thisdelegated power;

c) action taken is reported to the next Committee; andd) it excludes any decision, which is by law expressly vested in the Council or

main Committee.

5.2 There shall be delegated to the Chief Executive, / Deputy Chief Executive orappropriate Head of Service within their appropriate remit, the exercise of anypower or function of the Council in routine matters related to theimplementation of agreed strategies and programmes, falling withinestablished policies and procedures and within existing budgets afterappropriate consultation with the Chairman or Vice Chairman of the relevantCommittee.




Recommendations to Council



Health and Safety at Work etc Act 1974Provisions relating to the health and safetyat work of Council employees

Chief Executive/ Deputy ChiefExecutive or Head of HR & FacilitiesManagement

Local Government Act 1972To make appointments below ChiefExecutive level.

Chief Executive/ or Deputy ChiefExecutive/ or Head of Service(in consultation with HumanResources)

To determine applications for car loans. Head of Finance

To approve payment of additionalincrements.

Deputy Chief Executive or Head ofHR & Facilities Management (inconsultation with Human Resources)

To approve overtime payments to officersgraded above scale 6.

Chief Executive/ Deputy ChiefExecutive or appropriate Head ofService (in consultation with Head ofHuman Resources & FacilitiesManagement)

To permit staff taking approvedcorrespondence courses or attendingevening classes to study during workinghours.

Chief Executive/ Deputy ChiefExecutive or appropriate Head ofService (in consultation with HumanResources)

To authorise financial assistance to staffundertaking approved courses of study.

Chief Executive/ Deputy ChiefExecutive or Head of HumanResources & Facilities Management

To administer pension matters on behalf ofthe Council.

Deputy Chief Executive or Head ofHuman Resources & FacilitiesManagement

To determine alterations to grades. Deputy Chief Executive or Head ofHuman Recourses & FacilitiesManagement

To issue notification as to status under theappropriate pension regulations.


Classification of posts as “essential” or“casual” users


To maintain the register of staff interestsand hospitality.



To maintain Freedom of Information Act,Environmental Information Regulation andData Protection Act Policies


To maintain Information security Policies /Procedures

Head of ICT & Customer Services/Deputy Chief Executive

Determination of the Council’sestablishment within existing budgets.

Deputy Chief Executive

Street name and numbering Head of ICT & Customer Services


C. OVERVIEW AND SCRUTINY COMMITTEE:

SCRUTINY COMMITTEE


SCRUTINY COMMITTEE1.0 Constitution

1.1 The Committee shall comprise of 9 Core Councillor Members who shall beappointed annually30 with unlimited Substitutes and up to 2 co-opted Members(if any) to be agreed by the Group Leaders (subject to disqualifications set outin paragraphs 1.2 and 8 below). Its quorum for the Committee is 5.

The Leader of the Council (if any), or Deputy Leader and Chairs of the PolicyCommittee are excluded from serving on this Committee..

2.0 Objectives

2.1 To support the work of the Policy Committees/ Sub-Committees and theCouncil as a whole to allow members/ citizens a greater say in Councilmatters, including those that may fall outside the direct remit and control ofthe Council


3.1 The Committee’s terms of reference shall be:

Pre-Scrutiny: to scrutinise: key decisions and make recommendations to relevant Committee or Sub-

Committee; annual draft revenue and capital budgets and proposed service improvements

and efficiency savings; and specifications for major service contracts and infrastructure projects prior to

adoption.

3.2 To instigate, where appropriate, Service Reviews and specifically to considerdraft improvement plans prior to adoption.

3.3 To require any Council Member or Officers of the local authority31 to attendand answer questions. Such a person will be under a duty to comply with thisrequirement except that she or he would not be obliged to answer anyquestion, which she or he would be entitled to refuse to answer in a court oflaw. The Chairman of the Scrutiny Committee may exercise this power.

3.4 To invite any other persons to attend its meetings but without a power torequire them to do so including representatives from other local authorities,public bodies and agencies. The Chairman of the Scrutiny Committee mayexercise this power.

3.5 To recommend that a decision in respect of any of the Council’s functions,made but not implemented, be reconsidered by the body which made thedecision. Where the Committee prepares a report, it may publish that reportand must by notice in writing require the local authority (Full Council orrelevant Committee) to consider and respond (and publish the response wherethe report is published).32 Where this relates to a partner authorities, it may, by

30The Council voted nem con on 20th May 2003 to suspend proportionality rules for membership (pursuant to S17 of the Local

Government and Housing Act 1989 and Regulation 20 of the Local Government (Committees and Political Groups) Regulations1990) as regards the Overview and Scrutiny Committee and all and any of its sub-committees.31

Regulation 5(6) The Local Authorities (Committee System)(England) Regulations 2012 No.102032 By virtue of Regulation 7 The Local Authorities (Committee System)(England) Regulations 2012 No.1020, does NOT includematters under section 19(1)(b) or (3)(a) the Police and Justice Act 2006


notice in writing, require the relevant partner authority to have regard to thereport and recommendations.33

3.6 To consider and make recommendations to the Policy and/ or Finance &Governance Committee on the acceptance or rejection of expressions ofinterest34 under the Community Right to Challenge.

3.7 To review the performance of key Council contracts on an annual basis.

3.8 To deal with Councillor Calls for Action for all matters including Crime andDisorder matters, unless excluded by Statutory Regulation/ Order.

3.9 To undertake an annual review of the Neighbourhood Panels.

3.10 To be designated as the Crime and Disorder Committee for the purposes ofthe Police and Justice Act 2006.

3.11 To make appointments to any Joint Inter-Authority Scrutiny Committee35, Sub-Committee, Working Party, Forum or Panel.

3.12 To make reports or recommendations to the Council, or CambridgeshireCounty Council and other relevant external body (with reference to localimprovement targets) or any of its Committees, Sub-Committees, JointCommittee or Officer36 in respect of discharge of functions or matters affectingthe Council’s area or its inhabitants.

3.13 A scrutiny committee may not discharge any functions other than the functionsconferred on it by Regulations or the Police and Justice Act 200637.

3.14 Any member of Scrutiny Committee (or Sub-Committee), or any member ofthe authority38 may ensure that any matter relevant to the remit of theCommittee (or Sub-Committee) be placed on the agenda and discussed at ameeting of the Committee (or Sub-Committee.

3.15 The Scrutiny Committee (or Sub-Committee) may include co-opted members(i.e. a ‘lay’ member) who are not members of the authority save that suchmembers will not be entitled to vote39.

3.16 The Chairman and Vice Chairman of the Scrutiny Committee may be40

members of 1 or more of the minority groups on the Council.

3.17 Members of the Scrutiny Committee or substitute Members may not sit on anyScrutiny Committee or Sub-Committee, to consider a call-in of a PolicyCommittee decision if they are a member of that Policy Committee AND theyparticipated in the Committee meeting at which the matter subject to the call-inwas discussed.

33 By virtue of Regulation 9 The Local Authorities (Committee System)(England) Regulations 2012 No.102034 With modification if the expression would not otherwise be capable of acceptance, providing the relevant body agrees –s84(1) & 84(2) Localism Act 201135 Appointment to County Council Scrutiny Committee from core Scrutiny membership only36 Amended by virtue of Regulation 4 The Local Authorities (Committee System)(England) Regulations 2012 No.102037

Amended by virtue of Regulation 4(5) The Local Authorities (Committee System)(England) Regulations 2012 No.102038 Amended by virtue of Regulation 6(1)(c) The Local Authorities (Committee System)(England) Regulations 2012 No.102039 The authority may permit a co-optd member of Scrutiny Committee to vote, only by resolution of Full Council in accordancewith an approved scheme – see Regulations 11 –12 The Local Authorities (Committee System)(England) Regulations 2012No.102040 Statutory guidance issued the Local Government Act 2000 (New Council Constitutions: Guidance to English Authorities),states at 9.63 “Where there is a majority group, local authorities might consider it appropriate to have all or some ofthese committees chaired by members outside the majority group or by church or parent governor representatives.Overview and scrutiny should be constructive and not merely be there either always to oppose decision makers or torubber-stamp their decisions."


D. REGULATORY COMMITTEES:

LICENSING COMMITTEE

PLANNING COMMITTEE


LICENSING COMMITTEE

1.0 Constitution

1.1 The Committee comprises 13 Members of the Council, who shall beappointed annually. Its quorum is 5.

2.0 Objectives

2.1 To deal efficiently and fairly with matters referred to it, as openly as possible.

2.2 Through licensing policies to protect and promote good practice.

2.3 To balance the interests of applicants with the interests of residents and otherinterested parties.


The Committee’s terms of reference shall be.

3.1 To set policies and determine applications in relation to the functions of theCouncil with respect to:(a) Licenses for Places of Public Entertainment and licensable activities

under the Licensing Act 2003(b) Powers and duties under the Gambling Act 2005 not reserved by law

to full Council, and in particular:(i) To make recommendations on the Statement of Principles to

full Council;(ii) To adopt a Sub-Committee Hearing procedure.

(c) the registration of persons and premises in relation to tattooing, ear-piercing and acupuncture, temporary markets and sex establishments.

(d) the licensing of caravan sites and other moveable dwellings and theprovision and management of local authority caravan sites.

(e) hackney carriages and their drivers, private hire vehicles, their driversand operators.

(f) betting, gaming and lotteries, permits for amusements with prizes,street collections and Street Trading Licences, or Consents

(g) animal welfare licences.(h) any other statutory licensing scheme the administration of which is the

responsibility of the Council.

4.0 Delegation to the Committee

4.1 The Committee has delegated authority to act on behalf of the Council inrespect of all the functions specified in Part 3 above.

[Note – Responsibility for the conducting of Hearings in relation toapplications under 3.1 (a), (b), (e) and (f) above has been delegated toLicensing Hearings Sub-Committee.


5.1 The Head of Environmental Services or Head of Legal & Democratic Servicesare authorised to act on behalf of the Committee in relation to any matterwithin their respective remits of immediate urgency which must be dealt withbefore the next meeting of the Committee, provided:(a) the Chairman or Vice- Chairman of the Committee


is consulted prior to delegated decisions being made;(b) Spokespersons of minority groups are notified immediately of any action

taken under this delegated power;(c) action taken shall be as soon as practicable reported to the next

Committee and(d) it excludes any decision which is by law expressly vested in the Council.

5.2 There shall be delegated to the Head of Environmental Services or Head ofLegal & Democratic Services the exercise of any power or function of theCouncil in routine matters falling within their remit related to theimplementation of agreed strategies and programmes and established policiesand procedures and within existing budgets after appropriate consultation withthe Chair of the relevant Committee.

5.3 For the avoidance of doubt this delegation shall include the powers of entryand inspection of premises, seizure of goods, etc, service of notices, carryingout of works, commencement of enforcement and legal proceedings and thepower to authorise others to exercise such powers.

This delegation shall not be taken to include any matter reserved by law tothe Full Council.

5.4 There are further delegated to the officers indicated below the exercise of anypower or function of the Council relating to the matters set out below under theListed Acts or any amendment, modification, or re-enactment of those Acts, orRegulations/Orders made under those Acts.

1. ENVIRONMENTAL SERVICES

Animal Boarding Establishments Act 1963 Head of EnvironmentalServices orHead of Legal & DemocraticServices

Animal Health Act 1981 Head of EnvironmentalServices or Chief Executiveor Head of Legal &Democratic Services

Animal Welfare Act 2006 Head of EnvironmentalServices or Head of Legal &Democratic Services

Anti-Social Behaviour Act 2003 Head of EnvironmentalServices or Head of Legal &Democratic Services

Breeding of Dogs Act 1973, 1991 Head of EnvironmentalServices or Head of Legal &Democratic Services

Breeding and Sales of Dogs (Welfare) Act 1999 Head of EnvironmentalServices or Head of Legal &Democratic Services


Caravan Sites Act 1968 Parts I & III Head of EnvironmentalServices or Head of Legal &Democratic Services

Caravan Sites and Control of Development Act1960

Head of EnvironmentalServices or Head of Legal &Democratic Services

Criminal Justice and Police Act 2001 section 19 Head of EnvironmentalServices or Head of Legal &Democratic Services

Dangerous Dogs Act 1991 Head of EnvironmentalServices or Head of Legal &Democratic Services

Dangerous Wild Animals Act 1976 Head of EnvironmentalServices or Head of Legal &Democratic Services

Gambling Act 2005 Head of EnvironmentalServices, ( Head of Legal &Democratic Services

Gambling Act 2005 – Authority to institute legalproceedings for offences and to respond to legalproceedings brought against the Council inconsultation with the Head of EnvironmentalServices

Head of Legal & DemocraticServices/ or Chief Executive

Game Act 1831 Head of EnvironmentalServices or Head of Legal &Democratic Services

Guard Dogs Act 1975 Head of EnvironmentalServices or Head of Legal &Democratic Services

Housing Act 2004 Head of EnvironmentalServices or (Head of Legal &Democratic Services

Hypnotism Act 1952 Head of EnvironmentalServices or Head of Legal &Democratic Services

Licensing Act 2003 Head of EnvironmentalServices or Head of Legal &Democratic Services

Local Government (Miscellaneous Provisions)Act 1982Sections 17, 29, Schedule 1(14), Schedule 3(3)


Performing Animals (Regulation) Act 1925 Head of EnvironmentalServices or Head of Legal &Democratic Services


Pet Animals Act 1951 (as amended) Head of EnvironmentalServices or Head of Legal &Democratic Services

Private Places of Entertainment (Licensing)Act 1967


Riding Establishments Act 1964 and 1970 Head of EnvironmentalServices or Head of Legal &Democratic Services

Scrap Metal Dealers Act 1964 Head of EnvironmentalServices or Head of Legal &Democratic Services

Slaughterhouses Act 1974 Head of EnvironmentalServices or Head of Legal &Democratic Services

Sunbeds (Regulation) Act 2010 Head of EnvironmentalServices

Sunday Entertainment Act 1932 Head of EnvironmentalServices or Head of Legal &Democratic Services

2. OTHER LICENCES

The power to set charges and fees, takeenforcement action and the grant and refusal oflicences, consents, permits, etc subject toconditions as appropriate relating to:Street TradingStreet CollectionsHouse to House CollectionsHackney Carriages (drivers, vehicles andoperators)Private Hire Vehicles (drivers, vehicles andoperators)


Section 61 Local Government (MiscellaneousProvisions) Act 1976: power to immediatelysuspend or revoke Hackney Carriage/ Private HireDrivers Licence (having consulted Chairman orVice Chairman of Licensing Committee)Society LotteriesAmusements with PrizesClub Registration


Power to act in emergency to obtain injunctions inany cases. Power to commence legal proceedingsin respect of the Council’s functions as set out instatute (subject to being satisfied as to evidence).



Power to act for the Council in proceedings broughtin the Magistrates’ Court in respect of appealsagainst licence refusals under the Licensing Act2003.


Power to act for the Council in respect ofchallenges to policies set out in the District CouncilStatement of Licensing Policy brought either underthe Human Rights Act 1998 or judicial review



PLANNING COMMITTEE

1.0 Constitution

1.1 The Committee shall comprise 13 Members of the Council who shall beappointed annually. Its quorum is 5. The Chair of Vice Chair of theCommittee cannot be a Member of the Development & Transport Committee.

2.0 Objectives

2.1 To conserve the distinctive character of the built environment, to involve thelocal community in planning decisions and to manage development whilstextending the provision of affordable housing.

2.2 To create a safer environment where people can live and work free fromcrime and the fear of crime.

2.3 To encourage a varied and dynamic local economy, which does not harmand seeks to improve the environment, offers high quality employment andtraining opportunities, and secures the vitality of our towns and villages.

2.4 To promote an accessible integrated and affordable transport system thatreduces its impact on the environment.

2.5 To protect and enhance the wealth of wildlife and to maintain and improveaccess to the natural environment and awareness of it.

2.6 To encourage the reduction in the use of finite resources and the reductionof pollution to the natural environment.



3.1 To undertake the functions of the Council under the Town and CountryPlanning Act 1990 and associated current legislation, including the Townand Country Planning General Development Orders, and any modification orre-enactment thereof with respect to development control, advertisementcontrol, conservation areas, building preservation notices, listed buildings,tree preservation orders.

3.2 To approve or refuse applications for Planning Permission, Listed Buildingconsent, Conservation Area applications and Lawful Use applications,reserved matters and advertisement consent, not otherwise determined byOfficers acting with delegated authority.

3.3 To approve or refuse applications for approval of new buildings and workunder the Building Regulations 1986 and any other relevant enactment, andany modification or re-enactment together with the enforcement of suchRegulations other than those determined by officers acting with delegatedauthority.

3.4 To undertake the functions of the Council under the Planning (ListedBuildings and Conservation Areas) Act 1990 and any modification or re-enactment, including the making of Building Preservation Notices other thanthose determined by Officers acting with delegated authority, SAVE THATCompulsory Purchase action, must be referred to Full Council for approval.


3.5 To undertake the functions of the Council under the provisions of Section 97and 99 of the Town and Country Planning Act 1990 in relation to therevocation or modification of planning permission.

3.6 To consider a planning application involving a departure from the StatutoryDevelopment Plan and in cases where the Planning Committee resolves togrant planning permission contrary to the recommendation of the Head ofPlanning & Sustainable Development, the Committee may refer the matter tofull Council for determination, or determine the matter. A referral to full Councilmay be appropriate where an application has district or regional significanceand may impact on the wider geographical area.

4.0 Delegation to Planning Committee

Subject to the provisions of the Council’s Constitution and Financial Procedure Rulesthe Committee has delegated authority to act on behalf of the Council except inrespect of the following

4.1 Any proposal which would involve expenditure for which there is no provisionin the current estimates, provided that the Committee shall be authorised toincur non-budgeted expenditure subject to there being a correspondingreduction in other budgeted expenditure and no increase in the Committee’soverall budget.

4.2 Any of the following:

(a) the making of Revocation or Modification Orders under Section 97 and 99 ofthe Town and Country Planning Act 1990 where the payment of compensationis involved;

(b) the making of Discontinuance and other Orders under Section 102 of the saidAct where the payment of compensation is involved;

(c) consideration of any planning application the refusal of which in the opinion ofthe Head of Planning & Sustainable Development could lead to the service onthe Council of a successful purchase notice.


5.1 The Head of Planning & Sustainable Development/ Chief Executive areauthorised to act in relation to any matter of immediate urgency which mustbe dealt with before the next meeting of the Planning Committee provide:

(a) the Chairman or Vice-Chairman of the Committee is consulted prior todelegated decisions being made;

(b) Spokespersons of minority groups are notified immediately of any action takenunder this delegated power;

(c) action taken shall be as soon as practicable reported to the next Committee;and

(d) it excludes any decision which is by law expressly vested in the Council.

5.2 There shall be delegated to the Head of Planning & SustainableDevelopment/ Chief Executive the exercise of any power or function of theCouncil in routine matters related to the implementation of agreed strategiesand programmes falling within established policies and procedures and withinexisting budgets after appropriate consultation with the Chair of the relevantCommittee.

For the avoidance of doubt this delegation shall include the powers of entryand inspection of premises, seizure of goods, etc service of notices, carryingout of works, commencement of enforcement and legal proceedings and the


power to authorise others to exercise such powers.

5.3 The delegation of sections 70 and 72, Town and Country Planning Act 1990applications is subject to a Member’s right to request that a non-householderdevelopment planning decision, is made by the Planning Committee,PROVIDING this request:5.3.1 is within 28 days of registration of the application.5.3.2 sets out the reasons; and5.3.3 is in writing.

5.4 A Member may make a request that a householder development planningdecision is made by the Planning Committee PROVIDING this request:5.4.1 is within 28 days of registration of the application,5.4.2 sets out the reasons; and5.4.3 is in writing.

The Head of Planning & Sustainable Development shall decide whether toinclude the application on the Planning Committee agenda in consultation withthe Chairman or Vice Chairman of Planning Committee.

5.5 Subject to 5.3 and 5.4 above, the following powers / or functions set out belowunder the Listed Acts (or amendment, modification, or re-enactment or thoseActs, or Regulations/Orders made under those Acts) are delegated to theofficers listed below.

DELEGATION TO OFFICERS - PLANNING COMMITTEE

There are delegated to the officers indicated below the exercise of any power or function ofthe Council relating to the matters set out below, including service of notices, carrying out ofdefault works, commencement of enforcements and other proceedings.

Building Act 1984 Head of Planning &Sustainable Development/Team Leader BuildingControl

Building (Local Authorities Charges)Regulations 1998Power to set fees.

Head of Planning &Sustainable Development/Team Leader BuildingControl

Town and Country Planning Act 1990ss. 191 - 196 Provisions relating toCertificates of Lawful Use on Development.

Head of Planning &Sustainable Development /Principal DevelopmentControl Officer

Town and Country Planning(Environmental Impact Assessment)(England and Wales) Regulations 1999To undertake screening and scopingopinions, and to determine whether anyapplication for planning permissionconstitutes EIA development that should beaccompanied by an EnvironmentalStatement.

Head of Planning &Sustainable Development/Principal DevelopmentControl Officer/ TeamLeaders DevelopmentControl


Town and Country (General PermittedDevelopment) Order 1995Service of Article 7 directions requiringsubmission of reserved matters in support ofan outline planning application.

Head of Planning &Sustainable Development/Principal DevelopmentControl Officer/ TeamLeaders DevelopmentControl

Town and Country Planning (GeneralPermitted Development) Order 1995Town and Country Planning Act 1990 asamendedDetermination of notifications for agriculturaland forestry schemes/demolition of buildingsand telecommunications in accordance withthe approved scheme of delegation.

Head of Planning &Sustainable Development/

Principal DevelopmentControl Officer

Town and Country Planning Act 1990To serve notice under Section 330 requiringthe provision of details of interest inpremises.

Head of Planning &Sustainable Development/Head of Legal & DemocraticServices

To declare any particular planning applicationto be a County matter.

Head of Planning &Sustainable Development/Principal DevelopmentControl Officer

Formal response to all County Councilconsultations; for example, schoolextensions, mobile classrooms, mineral andwaste disposal applications. Localmember(s) to be consulted.


Processing of applications for planningpermission under Part III of the Act.


Sections 70, 70C and 72Subject to 5.3 and 5.4 above, approve orrefuse, with or without conditions consistentwith adopted policies, all applications for:(a) Outline and full planning permissionand any subsequent amendments;

Head of Planning &Sustainable Development/Principal DevelopmentControl Officer/TeamLeaders DevelopmentControl

(b) Details (i.e. Reserved Matters) followingoutline planning permission and anysubsequent amendment;

s70A Power to decline to determineapplications.s70B Power to decline to determineoverlapping application.s70C Power to decline to determineretrospective application.s81A Power to decline to determinesubsequent application.81B Power to decline to determineoverlapping application.


The right to refer to the Committee fordetermination any application for planningpermission or other consent or matter whichwould otherwise be dealt with underdelegated powers.


Section 106To draft and complete planning obligations inconsultation with Head of Planning &Sustainable Development.

Head of Legal & DemocraticServices

The Planning (Listed Buildings andConservation Areas) Act 1990Section 3To serve Building Preservation Notices incases of emergency subject to notification ofany such action being made as soon aspracticable to a meeting of the PlanningCommittee.Section 47To consider and make recommendations oncompulsory acquisition of listed building toPlanning Committee.Section 48To issue or authorise the issuing of repairsnotice as preliminary to acquisition unders47.

Head of Planning &Sustainable Development orhis absence thePrincipal DevelopmentControl Officer

Section 10To approve or refuse, with or withoutconditions, applications for Listed BuildingConsent and applications for ConservationArea consent for minor demolition work, inaccordance with the approved scheme ofdelegation.

Head of Planning &Sustainable Development orin his absence PrincipalDevelopment ControlOfficer/Team LeadersDevelopment Control

Section 106ATo act on requests to modify or dischargecompleted planning obligations inconsultation with the Head of Planning &Sustainable Development.

Head of Legal & DemocraticServices

Section 106Authorisation to affix the Council's seal onagreements reached in respect ofapplications.

Head of Legal & DemocraticServices or Chief Executive/Principal Solicitor

Sections 198-201To make Tree Preservation Orders wheresuch Orders are unopposed subject tonotification of any such action being to localmember(s).



Section 198-201To revoke orders where trees have beenremoved as a result of the implementation ofplanning permission, subject to localmembers being notified.

Head of Planning &Sustainable DevelopmentHead of Legal & DemocraticServices

To approve or refuse applications for consentto cut down, top, lop, uproot or destroy treesthe subject of a Tree Preservation Order, andincluding trees in Conservation Areas.

Head of Planning &Sustainable Development

Sections 215 and 216Service of notice and institution ofproceedings with regard to propermaintenance of land.

Head of Planning &Sustainable Development /Head of Legal & DemocraticServices

Town and Country Planning (Assessmentof Environmental Effects) Regulations1999To determine whether environmentalassessments are required.


Town and Country Planning Act 1990Town and Country Planning Act (Controlof Advertisements) Regulations 1989Institution of proceedings against fly posters.


Town and County Planning (Control ofAdvertisements) Regulations 1989 asamendedTo approve or refuse, with or withoutconditions, applications for AdvertisementConsent (illuminated and non-illuminated).


Town and Country Planning (Control ofAdvertisements) Regulations 1989Local Government (MiscellaneousProvisions) Act 1972To give notice where owner identifiable, andremove if continued, unauthorisedadvertisements on the highway.


Town and Country Planning (InquiriesProcedure) Rules 1988Paragraph 11(3)To represent the Council at Local Inquiries.

Senior Legal Assistant andLegal Assistant(Solicitors authorisedautomatically)


Town and Country Planning Act 1990Planning and Compensation Act 1991To take enforcement action (includingalthough not limited to serving Breach ofCondition Notices/Planning ContraventionNotices/Enforcement Notices/ EnforcementOrders/Stop Notices/an Action Notice/Removal Notice, Default powers, remove orobliterate unauthorised signs or remove adisplay structure) and subsequentprosecution/injunction proceedings whereappropriate or withdrawing or ceasing suchaction in accordance with the approvedscheme of delegation.

Head of Planning &Sustainable Development/Head of Legal & DemocraticServices,/PrincipalDevelopment ControlOfficer/Senior Enforcement Officer

Signature of Breach of Condition Notices/Planning Contravention Notices/ EnforcementNotices/Stop Notices/Default powers.

Head of Planning &Sustainable Development/Head of Legal & DemocraticServices /PrincipalDevelopment Control Officer

Public Health Act 1925 – TownImprovement Clauses Act 1847To make orders and serve notices in relationto the naming and numbering of streets.

Deputy Chief Executive/Head of ICT & CustomerServices

Public Heath Act 1936Ss 275 & 291 –to take required measures atexpense of owner or occupier and take actionto recover those expenses.

Head of Planning &Sustainable Development/Head of Legal & DemocraticServices, PrincipalDevelopment Control Officer

Public Utilities Street Works Act 1950Sections 6 and 26Service of notices re: laying of apparatus forstatutory undertakers in the highway.

Chief Executive or Head ofPlanning & SustainableDevelopment

Safety of Sports Grounds Act 1975Sections 1 - 6To represent the Council as the BuildingAuthority in respect of the Sports GroundsAct within East Cambridgeshire.

Head of Planning &Sustainable Development/Chief Executive/ TeamLeader Building Controls

Goods Vehicles (Licensing of Operators)Act 1995Authority to make representations onapplications for Goods Vehicle OperatingLicences.

Head of Planning &Sustainable Development orin his absence PrincipalDevelopment Control Officer

Prosecution ProceedingsTo institute prosecution proceedings.


To take enforcement action, apply forinjunctions and subsequent prosecutionproceedings, where appropriate.

Head of Legal & DemocraticServices/ Head of Planning& Sustainable Development


E. JOINT COMMITTEES/OTHERPARTNERSHIP BODIES

TRAFFIC MANAGEMENT AREA JOINT COMMITTEE

ANGLIA REVENUE PARTNERSHIP


EAST CAMBRIDGESHIRE TRAFFIC MANAGEMENT AREA JOINT COMMITTEETERMS OF REFERENCE

1. To exercise, within the context of the policies of the two authorities and the budgetdelegated to it by the two authorities, the powers of each authority, on the followingissues within the area of the District:

Traffic management, including:

o Consideration of the results of consultation about particularly sensitive orwide ranging traffic regulation proposals.

o Determining objections to advertised traffic regulation proposals.o Determining the priorities for local minor improvementso Setting on-street parking charges.o Determining the detail for crossing facilities.o Consideration of initiatives to assist people witho Mobility impairment.o Consideration of local road safety issues.

2. Approving detailed design and consultation arrangements for improvement schemescosting between £30k and £500k (or greater value if specifically delegated by theCounty Council’s Cabinet).

3. Monitoring the performance of the Highways and Access Directorate.

4. Determining the priorities for the local cycleways programme.

5. To advise on local air quality strategies and action plans.

6. To discuss specific matters of mutual concern identified by the Area Joint Committeein relation to strategic land use planning (including regional planning guidance,transportation planning, air quality, supported bus services, significant developmentsand economic development policy.

7. To report to the County Council’s Cabinet and to the appropriate District’s executiveas necessary.

8. To address other matters specifically delegated by the two authorities from time totime.

9. A decision taken by the Committee under delegated powers may be subject toreconsideration by a constituent authority where it conflicts with the agreedpolicies/budget of that authority.

OPERATING CONVENTIONS

(a) Chairmanship

The Chairman will be elected annually by the Area Joint Committee. TheChairmanship will alternate between County and District, but need not if that is thewish of the Area Joint Committee.

The Chairman should be a technical chair and not an executive chairman to avoid asituation in which the Chairman has a casting vote on a contentious issue which maydivide the constituent authorities.

(b) Voting


County and District Members only will have voting rights.

A simple majority vote on each issue is required. In the event of a tied vote, themotion will fall. A further motion could then be introduced or the Committee moveonto the next business.

(c) Agenda Management

The agenda should be prepared for each meeting following joint discussions betweenthe relevant officers of each authority. These discussions of Area Joint Committeebusiness should recognise the constituent authorities’ respective schemes ofdelegation.

To support the agenda management process, a one year agenda plan will beprepared. The plan to be rolled forward after each meeting.

Any member of one of the constituent Councils or a Parish or Town Councilthrough CALC will be allowed to submit an item of business for inclusion on theagenda of the Joint Committee provided that:

it has the support of at least three members of the Area Joint Committeeproviding both of the constituent authorities are represented within this figure.

20 clear working days’ notice of the item is given to the Democratic ServicesOfficer, in writing.

The Area Joint Committee will determine the investigations necessary to fullyconsider an item put forward in this way.

The member submitting an item which is then placed on the agenda should beinvited to the meeting to speak upon it.

Once the Area Joint Committee has made a decision on an item it will not bereconsidered for at least 12 months.

(d) Petitions

As these meetings are local decision making fora and attendance by the public is tobe encouraged, the Area Joint Committee should consider petitions on matters withinits remit. (The County Council’s petitions procedure will apply).

(e) Venues

To encourage local participation, meeting venues may be varied within the District,for example, to reflect local interest in a particular issue on the agenda.

(f) Local Representations

The local County and District Councillor(s) should be invited to attend and, with thepermission of the Area Joint Committee, speak on agenda items affecting theirward/division.

A representative of the local parish council(s) may also address the Committee on anagenda item relating to their parish.

Relevant County and District Portfolio Holders and Spokespersons may attend and


speak. The Group Leaders from each Council will also have this right.

(g) Substitution

As the Area Joint Committees are decision-making bodies, it will be desirable that afull complement of County and District members attend each meeting. To achievethis, a system of named substitutes will operate to enable the political groups tomake changes to their membership within their overall allocation of seats on an AreaJoint Committee.

(h) Quorum

The Quorum for a meeting should be 4 voting members, providing that there is atleast one member of the County Council and one member of the District Councilpresent.

(i) Secretary to the Joint Committees

The County Democratic Services will service the meetings.

(j) Cambridgeshire Association of Local Councils (CALC)

Up to 5 representatives will be appointed to represent CALC’s local interest. ParishCouncil members will be non voting. They are also encouraged to represent thegeneral interest of local councils and not just their own parish. (Current legislationdoes not permit Parish Council members to vote unless their individual local councilis a constituent member of the Joint Committee and the member is representing theirCouncil only and not all local councils within the District).


ANGLIA REVENUES PARTNERSHIPNEW JOINT COMMITTEE

CONSTITUTION

1. Membership1.1 Each of the Three Councils (i.e. Breckland District Council, Forest Heath District

Council and East Cambridgeshire District Council) shall appoint two of its membersfor the time being to be members of the New Joint Committee.

1.2 Each Joint Committee Member shall remain in office until removed or replaced by hisor her appointing Council or until ceasing to be a member of his or her appointingCouncil (or of the executive if Regulation 12(1) of the 2000 Regulations is applicableto his or her appointment).

1.3 Each of the Three Councils may remove and replace its members at any time bygiving notice of such removal or replacement to the New Joint Committee by sendingsuch notice to the Secretary within five days of effecting such removal orreplacement.

1.4 The proceedings of the New Joint Committee shall not be invalidated by any vacancyor by any defect or purported defect in the appointment of any Joint CommitteeMember.

2. Meetings of the New Joint Committee2.1 Meetings shall be open to the public in accordance with the requirements of the Local

Government Act 1972 and Part I of Schedule 12 of the Local Government Act 1972shall apply to meetings of the New Joint Committee.

2.2 Meetings of the New Joint Committee shall normally be held once each quarter,subject to the need exceptionally to call additional meetings.

2.3 One of the meetings of the New Joint Committee shall be held during May or June ofeach calendar year and shall be the annual meeting of the New Joint Committee atwhich the election of the Chairman and Vice-Chairman of the New Joint Committeeshall take place together with such other business as may be appropriate in theopinion of the outgoing Chairman.

2.4 The Chairman shall decide the venue, date and time of all meetings of the New JointCommittee. Wherever practicable, at least ten days notice of such meetings shall begiven to each Joint Committee Member, the Secretary, Treasurer, Monitoring Officerand to each of the Three Councils.

2.5 Any Joint Committee may requisition a meeting of the New Joint Committee by givingnotice of such requisition to the Chairman and to the Secretary. Immediately uponreceipt of such requisition, the Chairman shall call a meeting of the New JointCommittee in accordance with paragraph 2.4.

2.6 The Standing Orders applicable to council meetings of Breckland shall apply tomeetings of the New Joint Committee except in so far as the New Joint Committeemay agree amendments thereto or may adopt its own standing orders.

3. Quorum3.1 No business may be transacted at a meeting of the New Joint Committee unless a

quorum is present. The quorum for a meeting shall be three Joint CommitteeMembers present in person, one of whom must be a JC Member from BrecklandCouncil, one JC Member from Forest Heath District Council and one JC Memberfrom East Cambridgeshire District Council.


3.2 If a quorum is not present within 15 minutes of the time set for the commencement ofa meeting of the New Joint Committee (or a quorum ceases to be present during ameeting) the meeting shall be adjourned to the same date time and venue sevendays later or to such other date time and venue as the Chairman (or other personwho is chairing the meeting) shall determine.

4. Chairman and Vice-Chairman4.1 The Chairman and Vice-Chairman shall be elected at each annual meeting and shall

hold office for the next ensuing year.

4.2 The persons eligible to be elected as Chairman shall not be the appointees of aCouncil whose appointee held that position in either of the two previous years.

4.3 The persons eligible to be elected as Vice-Chairman shall not be the appointees of aCouncil whose appointee held that position in the previous year.

4.4 The Chairman and Vice-Chairman shall not be appointees of the same Council.

4.5 The Chairman or Vice-Chairman may be removed by a majority vote of all JointCommittee Members present at a meeting of the New Joint Committee subject to theChairman or the Vice-Chairman being given the opportunity to address the meetingbefore the vote is taken to put his or her case why he or she should not be removed.

4.6 If the Chairman or the Vice-Chairman is removed by a vote of the New JointCommittee or resigns or is otherwise unable to continue as Chairman or Vice-Chairman he or she may be replaced by the election of a Joint Committee Memberas Chairman or Vice-Chairman as the case may be who is the appointee of the sameCouncil as the outgoing Chairman or Vice-Chairman.

4.7 The Chairman shall preside at all meetings of the New Joint Committee. If theChairman is not present within five minutes of the time for the commencement of ameeting, or being present does not wish to preside, or is unable to do so, then theVice-Chairman shall preside at that meeting. If (in the event of the absence or non-availability of the Chairman) the Vice-Chairman is not present within five minutes ofthe time for the commencement of the meeting or does not wish to preside or isunable to do so, the meeting shall appoint a Joint Committee Member to chair themeeting.

4.8 In the event of an equality of votes the person chairing a meeting of the New JointCommittee shall have a second or casting vote.

5. Sub-Committees

5.1 The New Joint Committee may appoint one or more sub-committees of theCommittee (in accordance with Regulation 11(4) of the 2000 Regulations*) as it mayconsider to be required and to delegate specific functions to such sub-committees.

5.2 Any sub-committee shall comprise a majority of Joint Committee Members (one ofwhom shall chair the sub-committee) but may include non-Joint Committee Membersor officers of the Committee or of the ARP.

5.3 The Committee shall determine terms of reference of each sub-committee, the termof office of each sub-committee member and the quorum for meetings of each sub-committee and the financial limits within which it shall operate.


6. Officers

6.1 Secretary6.1.1 The Secretary of the New Joint Committee shall be the Democratic Services

Manager of Breckland for the time being. The Secretary shall be responsible for therecording of the minutes of all meetings of the New Joint Committee and for thecirculation of draft minutes to each Joint Committee Member within five days of eachmeeting and responsible for the sending out of all notices and agendas of meetings.Minutes and records of the meetings of the New Joint Committee shall bemaintained by the Secretary in accordance with the requirements of the LocalGovernment Act 1972.

6.2 Treasurer6.2.1 The Treasurer of the New Joint Committee shall be the Chief Financial Officer of

Breckland for the time being. The Treasurer shall be the Chief Financial Officer ofthe New Joint Committee and shall perform the functions of the relevant officerresponsible for the administration of the financial affairs of the New Joint Committeeunder Section 151 of the Local Government Act 1972, Part VIII of the LocalGovernment Finance Act 1988 and the Local Government (Accounts and Audit)Regulations 2003.

6.2.2 The Treasurer shall also perform the role of the accounting officer in respect of allfunds held on account for or paid to the Three Councils or any of them by HerMajesty’s Government or the European Union for any purposes of the New JointCommittee Functions and to make or provide all appropriate banking and accountingarrangements and services required for the due and proper receipt, holding andapplication of such funds in accordance with the requirements of Her Majesty’sGovernment and in accordance with best practice.

6.3 Monitoring Officer6.3.1 The Monitoring Officer of Breckland for the time being appointed for the purposes of

section 5 of the Local Government and Housing Act 1989 shall act as the MonitoringOfficer in respect of all actions and decisions of the New Joint Committee inaccordance with the provisions of the said section 5.

6.4 Legal Advice6.4.1 General legal advice and services shall be provided to the New Joint Committee and

the ARP by the Head of Legal & Democratic Services of Breckland for the time beingsubject to the Operational Board (where it considers it appropriate) deciding that anyspecific legal advice or services should be sought from the Head of Legal &Democratic Services of one of the others of the Three Councils or deciding toinstruct external legal consultants to provide legal advice and services in respect ofspecific matters or where the Operational Board considers that a conflict of interestmay arise. Where the use of legal advice and services from an external source isrequired, the New Joint Committee shall approve the use of such external legalconsultants.

6.5 Operational Board6.5.1 The New Joint Committee shall establish a working group of ARP senior staff to be

known as the Operational Board.

6.5.2 The members of the Operational Board shall comprise the following officers of theARP: the Strategic Manager, the Benefits Manager, the Income Manager, thePerformance Manager and such other officers of the New Joint Committee or of theARP as the New Joint Committee may decide.

6.5.3 The responsibilities of the Operational Board shall be to:


6.5.4 Manage the performance of the services to be provided by the ARP in relation to theNew Joint Committee Functions so as to ensure, so far as is possible andpracticable, ensure the delivery of such services in accordance with the delivery planapproved by the New Joint Committee and the progress and performance targets setby the New Joint Committee.

6.5.5 To report to the New Joint Committee meetings on the progress and performance ofthe services provided by the ARP in connection with the performance of New JointCommittee Functions against the delivery plan and targets set by the New JointCommittee.

6.5.6 Strive to ensure that the services provided by the ARP are delivered equitablybetween the Three Councils, so far as may be practicable.

6.5.7 Prepare and submit to the New Joint Committee for its approval on or before 30th

November in each year an annual business plan, annual budget and annual deliveryplan for the next Financial Year.

6.5.8 To report to the New Joint Committee on the income and expenditure of the ARPagainst the approved budget.

6.5.9 To seek to ensure so far as is practicable that the New Joint Committee Functionsare performed within the budget approved by the New Joint Committee and to notifythe Joint Committee of any material divergence from the annual budget and thereasons therefore.

6.5.10 To recommend to the New Joint Committee the resources required to perform theNew Joint Committee Functions to the requisite performance standards and anychanges required in such resources to maintain such performance standards.

6.5.11 Make appropriate recommendations to the New Joint Committee on any matter ofrelevance to the business of the New Joint Committee and of the ARP.


2. PROPER OFFICER FUNCTIONS


"PROPER OFFICER" FUNCTIONS

The following officers are appointed the Proper Officer for the purposes of Section 270(3) ofthe Local Government Act 1972, or in relation to any other statute as indicated, in relation tothe matters herein indicated:

1(A) Chief Executive or in his absence the Deputy Chief Executive(i) 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 madebefore 26th October 1972, to the Clerk of the Council or the Town Clerk of aBorough.

(ii) LGA 1972 Section 13(3)Parish Trustee (together with the Chairman of the Parish Meeting) for those parishesnot having a separate Parish Council.

(iii) Representation of the Peoples Act (RPA) 1983 Section 8The registration officer for the Register of Electors for the District of EastCambridgeshire.

(iv) RPA 1983 Section 35The Returning Officer for the election of District Councillors.

(v) LGA 1972 Section 83(1)-(4)The officer in whose presence declarations of acceptance of office shall be made andto whom such declarations shall be delivered.

(vi) LGA 1972 Section 84The officer to whom a person elected to any office under the Act may deliver writtennotice of resignation.

(vii) LGA 1972 Section 88(2)The officer who may convene a meeting for the election of Chairman of the DistrictCouncil following a casual vacancy in that office.

(viii) LGA 1972 Section 89(1)(b)The officer to whom notice in writing of a casual vacancy in the office of Councillorshall be given.

(ix) LGA 1972 Section 146 (paragraphs (a) and (b))The officer who shall procure the transfer of securities consequent upon any changein name, area of functions of a local authority.

(x) LGA 1972 Section 234(1)The officer who shall be authorised to sign on behalf of the District Council anynotice, order or other document.

(xi) LGA 1972 Schedule 12, Part 1, Para 4(2)(b)The officer who shall sign a summons to attend a Council meeting.

(xii) LGA 1972 Schedule 12, Part I, Para 4(3)The officer to whom a member of the Council shall give notice in writing desiringsummonses to attend meetings of the Council to be sent to an address specified inthe notice other than his place of residence.

(xiii) The Local Authorities (Conduct of Referendums) (England) Regulations 2001The Counting Officer


(xviii) The Local Authorities (Referendums) (Petitions and Directions) (England)Regulations 2000 as amendedMatters relating to the verification number and the receipt and handling of petitions.

1(B) Chief Executive or in his absence the Deputy Chief Executive(i) LG and Housing Act 1989

The Head of the Council's paid service

(ii) LG and Housing Act 1989The officer who holds the list of politically restricted posts.

2. Head of Legal & Democratic Services

(i) LGA 1972 Section 100A to 100FFunctions relating to committee administration and access to information.

(ii) LGA 1972 Section 210(6)The officer who shall exercise any power with respect to a charity exercisable by anyofficer of a former authority and who shall be deemed to be the holder of acorresponding office for the purpose of sub-section (7).

(iii) LGA 1972 Section 224The officer who shall have responsibility for the custody of Council documents.

(iv) LGA 1972 Section 225The proper officer for the custody of the deposit and retention of documents.

(v) LGA 1972 Section 229(5)The officer who shall certify a photographic copy of a document in the custody of theCouncil, or of a document which has been destroyed while in the custody of theCouncil, or any part of any such document.

(vi) LGA 1972 Section 236(9) (10)The officer responsible for sending copies of byelaws to County, Town and ParishCouncils.

(vii) LGA 1972 Section 238The officer who shall certify a printed copy of the byelaws made by the Council.

(viii) LG (Miscellaneous Provisions) Act 1976, Section 41The officer who shall certify copies of orders, reports and minutes.

(ix) LGA 1972 Schedule 22 Para 17The officer who shall certify orders, notices, demands or other documents underSection 166 of the Housing Act 1957.

(x) Town & Country Planning Act 1990The officer who shall certify copies of a local plan available for inspection by thepublic at the Council's offices.

(xi) LG and Housing Act 1989The Monitoring Officer

(xii) Local Democracy, Economic Development and Construction Act 2009The officer who will receive petitions and requests for reviews for handling of thepetitions under the Petitions Scheme, verify number and direct to the relevant


Council, Committee or Officer for a response.

3. Head of Legal & Democratic Services or Chief Executive

(i) LGA 1972 Section 222 and 223The officer who shall have responsibility for the conduct of legal proceedings onbehalf of the Council.

(ii) LG and Housing Act 1989, Sections 15 to 17Receipt of notices from political groups. Review of allocation of seats.

4. Head of Finance

(i) LGA 1972 Section 151The officer who shall have responsibility for the administration of the financial affairsof the Council

(ii) LG and Finance Act 1988 Section 114The responsibilities of the Finance Manager of the authority.

(iii) LGA 1972 Section 115(2)The proper officer for the purposes of receiving all money from other officers of theCouncil under Section 115(2).

(iv) Local Government & Housing Act 1989The proper officer for the purpose of paying Members' Allowances.

5. Head of Planning & Sustainable Development

(i) Planning (Listed Buildings and Conservation Areas) Act 1990 section 2

The officer who shall receive on deposit lists of buildings of special architectural orhistoric interest.

(ii) LGA 1972 Section 191Duties in connection with Ordnance Survey.

6. Head of Environmental Services

(i) Public Health Act 1936Ss. 83, 84, 85The proper officer of the Council who shall certify to the local authority that anypremises, articles or clothing are filthy or verminous and who shall authorise aregistered medical practitioner, or a woman duly authorised by the medical officer ofhealth to carry out the cleaning of females under Section 85.

(ii) Food Safety Act 1990The officer of the Council for all relevant purposes under the Act

(iii) Licensing Act 2003The Proper Officer to issue licenses and carry out administrative duties.

(iv) The Clean Neighbourhood and Environmental ActThe officer of the Council for all relevant purposes under the Act.


(v) The Housing Act 2004The officer of the Council for all relevant purposes under the Act.

(vi) Local Government Act 1972S.101The officer who in the event of an outbreak of any epidemic of a notifiable infectiousdisease or food poisoning shall discharge the functions of the authority in relation tothe prevention and control of such outbreak with over-riding authority to direct anyofficer of the Council as to the action to be taken by such officer in that behalf.

(vii) Public Health (Control of Disease) Act 1984The proper officer for the purpose of taking medical decisions and undertakingspecific duties.Public Health (Control of Disease) Act 1984 s13The officer authorised to enter premises, vessel or aircraft for the purpose ofexecuting or supervising the execution of medical functions under the Port HealthShip Regulations or the Port Health Aircraft Regulations.

(viii) Public Health (Control of Disease) Act 1984 s20The proper officer for the purpose of issuing a notice requesting any person todiscontinue his work.

(ix) Public Health (Control of Disease) Act 1984 s23With a view to preventing the spread of a notifiable disease, the proper officer for thepurposes of issuing and publicising a notice to prohibit or restrict the admission ofpersons under the prescribed age to places of assembly or entertainment.

(x) Public Health (Control of Disease) Act 1984 s24The proper officer to decide whether articles are to be sent to be washed or cleanedin a laundry or public washhouse.

(xi) Public Health (Control of Disease) Act 1984 ss24, 25, 26, 33The Proper officer for the purposes of control over library books, directing mattersnot to be placed in a dustbin and use of public conveyance.

(xii) Public Health (Control of Disease) Act 1984 ss29, 30The proper officer in relation to the letting of houses or rooms, or ceasing to lethouses or rooms after recent case of Notifiable Disease.

(xiii) Public Health (Control of Disease) Act 1984 s21The proper officer for the purpose of prohibiting a child's attendance at school.

(xiv) Public Health (Control of Disease) Act 1984 s22The proper officer who may require particulars of scholars attending a school.

(xv) Public Health (Control of Disease) Act 1984 s28The officer who shall exercise delegated authority on behalf of the Council to prohibithome working on premises where infection exists.

(xvi) Public Health (Control of Disease) Act 1984 s34The proper officer to whom notice shall be given that a person suffering frominfectious disease has been carried in a public conveyance.

(xvii) Public Health (Control of Disease) Act 1984 s48The proper officer who shall issue a certificate required by the Justice of the Peacebefore making an order for the removal of a dead body.


(xviii) Public Health (Control of Disease) Act 1984 s43The proper officer who may by certificate restrict the removal of a body from hospital.

(xix) Public Health (Control of Disease) Act 1984 ss32, 37, 38The proper officer who shall issue any certificate required by a Justice of the Peacebefore making an order for the removal of a person suffering from an infectiousdisease to accommodation provided by the local authority or to hospital or for thedetention of any such person in hospital.

(xx) Public Health (Control of Disease) Act 1984 s39The officer to whom notice shall be given of any infectious disease in a commonlodging house.

(xxi) Public Health (Control of Disease) Act 1984 s40The officer responsible for issuing a certificate in order that a Justice of the Peacecan order Medical examination of inmates of a common lodging house.

(xxii) Public Health (Control of Disease) Act 1984s35The proper officer who shall certify the need for medical examination to a Justice ofthe Peace, and who shall carry out such examination or nominate a medicalpractitioner to do so.

(xxiii) Public Health (Control of Disease) Act 1984 s18The proper officer who may require information to be furnished by an occupier incase of notifiable disease or food poisoning.

(xxiv) Public Health (Control of Disease) Act 1984 s23The officer who shall exercise delegated authority on behalf of the Council to restrictattendance at places of public entertainment with a view to preventing the spread ofnotifiable disease.

(xxv) Public Health (Control of Disease) Act 1984 s57Compensation for stopping employment to prevent spread of disease.

(xxvi) Public Health (Control of Disease) Act 1984 s11The proper officer to whom notice shall be sent of cases of infectious disease or foodpoisoning.

(xxiv) Public Health (Control of Disease) Act 1984 s12The officer responsible for arrangements for authorising the fees payable to medicalpractitioners in respect of notice of infectious diseases or food poisoning.

(xxv) Public Health (Control of Disease) Act 1984 s36The officer responsible for issuing a written certificate in order that a Justice of thePeace can order medical examination of a group of persons believed to comprise acarrier of a notifiable disease.

(xxvi) Public Health (Control of Disease) Act 1984 s46The officer authorised to enter and inspect premises for the purpose of burial orcremation of the dead.

(xxvii) Public Health (Infectious Diseases) Regulations 1988 The proper officer foraction to be taken regarding infectious diseases to be specially reported and makingof weekly and quarterly returns.

(xxviii) Public Health (Prevention of Tuberculosis) Regulations 1925The proper officer to provide local authority with written report that person sufferingfrom tuberculosis is engaged in work connected with milk; and to give notice to


discontinue employment.

(xxix) The Food Safety (Live Molluscs and other Shellfish) Regulations 1992Proper officer to issue temporary prohibition orders on behalf of local authority whenevidence that infectious or other disease is attributable to molluscs or shellfish.

(xxxi) National Assistance Act 1948S.47The proper officer who shall issue a certificate to the local authority and give oralevidence to a court of summary jurisdiction on application being made for an orderauthorising the removal of a person in need of care and assistance.

(xxxii) National Assistance (Amendment) Act 1951S.1The proper officer who with another medical practitioner shall certify that a person inneed of care and assistance shall be removed without delay and the proper officerauthorised to make an application for an order of removal to a court of summaryjurisdiction or to a single justice.

4 (1)


PART 4 RULES OF PROCEDURE

4 (2)



CONSTITUTION

PART 4

RULES OF PROCEDURE

1. COUNCIL PROCEDURE RULES

1. Meetings of the Council

2. Election of Chairman and Vice-Chairman of the Council

3. Quorum

4. Order of Business

5. Time and place of meetings

6. Notice of and summons to meetings

7. Chair of meeting

8. Questions by the public

9. Voting

10. Motions with notice

11. Motions without notice

12. Motions and amendments

13. Questions by Members

14. Minutes of Council

15. One Member at a time

16. Speeches

17. Points of Order

18. Respect for Chair

19. Attendance and conduct at meetings

20. Rescission of Preceding Resolution

21. Suspension and amendment of Council Procedure Rules

22. Record of attendance

23. Exclusion of public

24. Appointment of Committees etc, Substitute and Co-opted Members of Committees

and Sub-Committees

25. Application to Committees and other Member bodies

26. Member Body Motions Without Notice

27. Location of Member Body Locations

4 (3)



CONSTITUTION

PART 4

RULES OF PROCEDURE

1. COUNCIL PROCEDURE RULES

1. MEETINGS OF THE COUNCIL

1.1 The Annual Meeting of the Council is held at The Council Chamber, The Grange, Elyon a date and time determined by the Council and published on the Council’s websiteand on agenda published no less than five working days prior to each meeting. In ayear of ordinary election of Councillors the Annual Meeting is held either on theeighth day after the retirement of Councillors or such other day (determined by theCouncil) within twenty-one days immediately following that day.

The Council shall at the Annual Meeting appoint such Committees, Sub-Committees,Working Parties or other bodies, as they are required to appoint by or under anystatute or under this Constitution and may at any time appoint such otherCommittees, Sub-Committees, Working Parties or other bodies as are necessary tocarry out the work of the Council.

Subject to any statutory limitation, such appointments shall not be for any longerperiod than 2 years. (This does not prevent a Member from being re-appointed atthe end of that term).

Council may at any time dissolve a Committee, Sub-Committee, Working Party orother body or alter its membership.

Ordinary meetings of the Council are generally held at 6.30pm on a Tuesday (unlessthe Council agrees an alternative day or time for any meeting or meetings). Councilmeetings (other than the Annual Meeting) may be held at The Grange or at suitablevenues elsewhere in the District.

Extraordinary meetings of the Council – The Chief Executive may call or those listedbelow may request the Chief Executive to call Council meetings in addition toordinary meetings:

1.1.1 the Council by resolution;1.1.2 the Chairman of the Council;1.1.3 the Monitoring Officer; and1.1.4 any five Members of the Council if they have signed a requisition presented to

the Chairman of the Council and he/she has refused to call a meeting or hasfailed to call a meeting within eight working days of the presentation of therequisition.

2. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN OF THE COUNCIL

The Council at the Annual Meeting elects a Chairman and Vice-Chairman.Nominations for these offices are to be duly proposed and seconded and delivered tothe Chief Executive not less than fourteen days before the date of the AnnualMeeting (except in the year of District Elections, when they must be delivered notless than five days before the meeting).

4 (4)


3. QUORUM

No business can be transacted at a meeting of full Council unless at least 10Members of the Council are present. If there are less than 10 Members present (notincluding those who have declared an interest and left the Chamber for any item) theChairman will adjourn the meeting. No business can be transacted at a meeting ofthe Council's committees and other Member bodies unless there are presentsufficient Members to form a quorum. The quorum figure for each Committee andother Member body is set out in Section 1 of Part 3 of this Constitution.

Any business not transacted up to the time of that adjournment stands over to a dateand time fixed by the Chairman at the time the meeting is adjourned, or if no suchdate or time is fixed, to the next ordinary meeting of the Council.

4. ORDER OF BUSINESS

4.1 The order of business at meetings of the Council is:

4.1.1 ANNUAL COUNCIL: ORDER OF BUSINESS

Public question time (15 minutes or until the last question is answered,whichever is the sooner).

(i) Election of Chairman(ii) Anything required to be done prior to the formal business commencing(iii) Minutes of the last Council meeting(iv) Election of Vice Chairman(v) Chairman's announcements(vi) Receiving petitions (in accordance with the Petitions Scheme)(vii) Motions(viii) Questions under Council Procedure Rules(ix) Presentations by invited guests(x) Names of the Leaders and Deputy Leaders of declared political

groups (and where applicable, Leader and Deputy Leader of Council)(xi) Any change to the political proportionality of the Council(xii) Appointment of Policy Committees, Regulatory Committees, Overview

and Scrutiny Committees (and any Sub-Committees of these bodies)via a written report with a resolution (or an oral report where there isno time for a written report in a year of election)

(xiii) Appointment of other Member bodies or Working Parties if necessaryvia a written report with a resolution (or an oral report where there isno time for a written report in a year of election)

(xiv) Appointments to Outside Bodies if necessary, via a written report witha resolution (or an oral report where there is no time for a writtenreport in a year of election)

(xv) Recommendations from Committees and other Member bodies(xvi) Any items, which have not been through Committees and other

Member bodies etc but which require a resolution of Full Council(xvii) Confidential items.

4.1.2 ORDINARY MEETINGS OF COUNCIL - ORDER OF BUSINESS

Public question time (15 minutes or until the last question is answeredwhichever is the sooner)(i) Election of Chairman (if the Chairman and Vice-Chairman are not

present)

4 (5)


(ii) Anything required to be done prior to the formal business commencing(iii) Minutes of the last Council meeting(iv) Chairman's announcements(v) Receiving Petitions (in accordance with the Petitions Scheme)(vi) Motions(vii) Questions under Council Procedure Rules(viii) Presentations by invited guests/Committee Chairpersons(ix) Recommendations from Committees and other Member bodies(x) Any items which have not been through Committees and other

Member bodies, etc but which require a resolution from full Council(xi) Any changes to the political proportionality of the Council, its effect on

Committees, etc and to Leaders and Deputy Leaders of declaredpolitical groups.

(xii) Confidential items

4.1.3 EXTRAORDINARY (OR SPECIAL) MEETINGS OF COUNCIL - ORDER OFBUSINESS

Public question time (15 minutes or until the last question is answeredwhichever is the sooner).

(i) Election of Chairman (if the Chairman and Vice-Chairman are notpresent)

(ii) Chairman's announcements(iii) Consideration of the matter in respect of which the EGM has been

called (where exempt/confidential information may be discussed, itmay be necessary to exclude the press and public for all or part of theitem)

Minutes of the last Council meeting will not ordinarily be received at anyExtraordinary Council meeting.

4.2 The election of a Chairman (as necessary) and anything required to be done prior tothe formal business of the meeting commencing must be done before any otheritems. The order of the remaining business may be varied:

4.2.1 by the Chairman at his/her discretion;4.2.2 by a resolution passed on a motion (which need not be in writing) duly

moved and seconded (which is to be moved and put without discussion).

5. TIME AND PLACE OF MEETINGS

The time and place of meetings will be determined by the Chief Executive andnotified in the summons.

6. NOTICE OF AND SUMMONS TO MEETINGS

The Chief Executive will give notice to the public of the time and place of any meetingin accordance with the Access to Information Rules. At least five clear working daysbefore a meeting, the Chief Executive will send a summons signed by him or her bypost to every Member of the Council or leave it at their usual place of residence. Thesummons will give the date, time and place of each meeting and specify the businessto be transacted, and will be accompanied by such reports as are available.

4 (6)


7. CHAIR OF MEETING

The person presiding at the meeting may exercise any power or duty of theChairman. Where these rules apply to Committee and Sub-Committee meetings,references to the Chairman also include the Chairman of Committees and Sub-Committees.

8. QUESTIONS FROM THE PUBLIC

8.1 To give the public a more direct role in the Council and Committee meetings, theCouncil has a public question time before the formal start of business.

8.1.1 there is up to 15 minutes public question time immediately prior to eachCouncil or Committee meeting, which does not form part of the formalbusiness of Council (in that resolutions and decisions cannot be immediatelytaken from it).

8.1.2 any member of the public (excluding a Member of the Council) can ask aquestion on any topic. As long as there is no suspicion that the question isimproper (for example, it must not be offensive, slanderous or discloseinformation that the Council should keep confidential, the Chairman will invitethe questioner to read out their question. No other statements should bemade by the questioner unless at the Chairman’s invitation.

8.1.3 questions are to be given in writing and placed in a box provided for thepurpose prior to commencement of the public question time. All members ofthe public submitting a question must be present at the meeting to which theyhave submitted their question. Questions are drawn out one at a time on afirst-come-first-served basis. Any questions not answered at the end of the15 minutes will receive a written reply.

8.1.4 the question is to the Chairman of the Council or the Chairman of the relevantCommittee. They may give a verbal answer or undertake to provide a writtenanswer to the question as soon as possible (such reply to be circulated to allMembers) or they may decline to answer (for example, on the grounds thatthe information requested is confidential).

9. VOTING

9.1 General

9.1.1 Voting at a meeting of the Council its Committees and other Member bodiesis by show of hands, unless a motion is passed to the contrary or unlessotherwise stated in this Constitution.

9.1.2 When there is a request for a recorded vote (prior to the vote being taken) thevoting on a motion or amendment is recorded to show whether each memberpresent voted for or against the motion or amendment or abstained fromvoting.

9.1.3 In the case of an equality of votes, the Chairman shall have a second orcasting vote providing the Chairman has already voted.

9.1.4 Any Member present at the meeting may, immediately after a vote is taken,request that his/her vote (for or against) or abstention be recorded in theminutes of the meeting.

4 (7)


9.2 On Appointments

9.2.1 If contested, the appointment of the Chairman and Vice-Chairman of theCouncil will be by secret ballot.

9.2.2 Appointment of Members to:

- Chairmanships and Vice-Chairmanships of Committees- Sub-Committees, Working Parties- Outside Bodies

shall be by a show of hands, or by secret ballot on the passing of a motion toallow such a ballot.

10. MOTIONS WITH NOTICE

10.1 A Council Member may, upon prior written notice, put a motion in writing to Councilunder this Council Procedure Rule. Notice of every motion (other than a motionwhich under Council Procedure Rule 11 may be moved without notice) must be givenin writing, signed by the member or members of the Council giving notice, anddelivered to the Chief Executive eight clear working days (i.e. excluding Saturdays,Sundays and Bank Holidays) before the meeting at which it is to be considered. Onreceipt it will be dated, numbered in order in which it is received, and entered in abook open to the inspection of every Member of the Council.

10.2 The summons for every meeting of the Council will include in full all motions of whichnotice has been duly given in the order in which they have been received (unless themember giving such a notice has indicated in writing, when giving it, that he proposedto move it at some later meeting, or has subsequently withdrawn it in writing).

10.3 If a motion set out in the summons is not moved either by a Member who gave noticethereof or by some other Member on his/her behalf, it will, unless deferred by theconsent of the Council, be treated as withdrawn and may not be moved without freshnotice being given.

10.4 If the subject matter of any motion comes within the terms of reference of anyCommittee, Sub-Committee, etc it will, upon being moved and seconded, standreferred without discussion to such Committee, Sub-Committee, etc or to such otherCommittee, Sub-Committee, etc as the Council decide, unless the Chairman shalldecide that it is more convenient and efficient to allow the motion to be dealt with atthat Council meeting.

10.5 Every motion must be relevant to some matter in relation to which the Council havepowers or duties or which affects the District.

11. MOTIONS WITHOUT NOTICE

The following motions and amendments may be moved without notice at a meetingof the Council:

11.1 Appointment of a Chairman of that meeting.11.2 Motions relating to the accuracy of the minutes of the previous meeting.11.3 That an item of business listed in the summons be brought forward.

11.4 Reference back of a recommendation to a Committee, Sub-Committee, etc.

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11.5 Appointment of Members to a Committee, Sub-Committee or Working Party,occasioned by an item mentioned in the summons to the meeting.

11.6 Receipt and adoption of reports and recommendations of committees, sub-committees etc.

11.7 That leave be given to withdraw a motion.11.8 Extending the time limit for speeches.11.9 Amendments to motions.11.10 That the Council proceed to the next business.11.11 That the question should now be put.11.12 That the debate should now be adjourned.11.13 That the Council should now adjourn.11.14 Suspending the Constitution or any part of it (in accordance with these Council

Procedure Rules).11.15 Motion under section 100A of the Local Government Act 1972 (as amended) to

exclude the public (including the press).11.16 That a Member named under these Council Procedure Rules should be not further

heard or should leave the meeting.11.17 Giving the consent of the Council where such consent is required by these Council

Procedure Rules.11.18 Voting on appointments in accordance with these Council Procedure Rules.11.19 Recorded votes in accordance with these Council Procedure Rules.

12. MOTIONS AND AMENDMENTS

12.1 ProcedureA motion or amendment will not be discussed unless it has been proposed andseconded, and (unless notice has already been given in accordance with theseCouncil Procedure Rules) it will, if required by the Chairman, be put into writing andhanded to the Chairman before it is further discussed or put to the meeting.

12.2 Seconder's SpeechA Member when seconding a motion or amendment may, if he/she at that timedeclares his/her intention to do so, reserve his/her speech until a later period of thedebate.

12.3 AmendmentsAn amendment must be relevant to the motion and should either:

12.3.1 refer a subject of debate to a committee, etc for consideration or re-consideration;

12.3.2 leave out words;12.3.3 leave out words and insert or add others;12.3.4 insert or add words;

An amendment which has the effect of negativing the motion before the Council willnot be accepted as an amendment.

12.4 One Amendment at a TimeOnly one amendment may be moved and discussed at a time and no furtheramendment shall be moved until the amendment under discussion has beendisposed of. A Member may not move more than one amendment relating to thesame matter.

However, two or more amendments may be discussed (but not voted on) together ifin the Chairman's opinion this would facilitate the proper conduct of the Council'sbusiness.

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12.5 Further AmendmentsIf an amendment is lost, other amendments may be moved on the original motion. Ifan amendment is carried the motion as amended takes the place of the originalmotion and shall become the motion upon which any further amendment may bemoved.

12.6 Alteration of MotionA Member may with the consent of the Council (without debate):

12.6.1 alter a motion of which he/she has given notice, or12.6.2 with the further consent of his Seconder alter a motion which he/she has

moved, if (in either case) the alteration is one which could be made as anamendment thereto.

12.7 WithdrawalA motion or amendment may be withdrawn by the mover with the consent of his/herSeconder and of the Council (without debate), and no Member may speak upon itafter the mover has asked permission for its withdrawal, unless such permission shallhave been refused by the Chairman.

12.8 Closure MotionsA Member may move without comment at the conclusion of a speech of anotherMember, "That the Council/Committee proceed to the next business", "That thequestion should now be put", "That the debate should now be adjourned", or "Thatthe Council/Committee should now adjourn", on the seconding of which the Chairmanshall proceed as follows:

12.8.1 on a motion to proceed to next business: unless in his opinion the matterbefore the meeting has been insufficiently discussed, he/she shall first givethe mover of the original motion a right of reply, and then put to the vote themotion to proceed to the next business;

12.8.2 on a motion that the question should now be put: unless in his opinion thematter before the meeting has been insufficiently discussed, he/she shallfirst put to the vote the motion that the question be now put, and if it ispassed then give the mover of the original motion his/her right of reply underparagraph 12.9 of this Council Procedure Rule before putting his motion tothe vote;

12.8.3 on a motion to adjourn the debate or the meeting: if in his/her opinion thematter before the meeting has not been sufficiently discussed and cannotreasonably be sufficiently discussed on that occasion he/she shall put theadjournment motion to the vote without giving the mover of the originalmotion his right of reply on that occasion.

12.9 Right to Reply

The mover of a motion (but not an amendment) has a right to reply at the close of thedebate on the motion, immediately before it is put to the vote, but such debate mustbe relevant to the motion. If an amendment is moved, the mover of the originalmotion also has a right of reply at the close of the debate on the amendment, but maynot otherwise speak on the amendment. The mover of the amendment shall have noright of reply to the debate on his/her amendment.

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12.10 Motions which may be moved during Debate.

When a motion is under debate no other motion shall be moved except the following:12.10.1 to amend the motion;12.10.2 to adjourn the meeting;12.10.3 to adjourn the debate;12.10.4 to proceed to the next business;12.10.5 that the question should now be put;12.10.6 that a Member should not be further heard;12.10.7 by the Chairman under these Council's Procedure Rules that a Member

should leave the meeting;12.10.8 a motion under Section 100(A) of the Local Government Act 1972 (as

amended) to exclude the public;12.10.9 that leave be given to withdraw a motion or amendment.

13. QUESTIONS BY MEMBERS

13.1 A Member of the Council may ask the Chairman of a committee any question uponany item in the minutes of a committee if those minutes are before the Council eitherfor receipt or adoption.

13.2 A Member of the Council may also put a question before the Council either:13.2.1 by giving the question in writing to the Chief Executive not less than 24 hours

before the Council meeting or

13.2.2 with the prior permission of the Chairman at the meeting itself. (In this caseMembers should ensure that copies of the question are available fordistribution at the meeting).

Provided always that such questions may be rejected by the Chief Executiveor Chairman if they are matters for which the authority has no responsibility orwhich does not affect the District; is substantially the same as a questionwhich has been put to Council in the past 12 months; or requires thedisclosure of confidential or exempt information.

13.3 Every question shall be put and answered without discussion but the person to whoma question has been put may decline to answer.

13.4 An answer to a question asked as aforesaid may take the form of:13.4.1 a direct or oral answer; or13.4.2 where the desired information is contained in a publication of or document

issued by the Council, a reference to that publication; or13.4.3 where the reply to the question cannot conveniently be given orally, a written

answer circulated to all Members of the Council within seven days after thedate of the meeting.

14. MINUTES

No discussion will take place upon the minutes of Council, its Committees and otherMember bodies, except upon their accuracy, and any questions of their accuracyshall be raised by motion. If no such question is raised, or if it is raised then as soonas it has been disposed of, the Chairman will sign the minutes.

Any Member at a meeting of the Council or of a Committee, may request that aminute be taken of what either they or any other Member has said in that meeting.

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The minute will then be attributed to the Member making the comment as will allother comments made by Members, which are referred to in the minutes.

The text of all amendments, which are proposed and seconded, will be minuted infull.

15. ONE MEMBER AT A TIME

A Member when speaking should stand (unless the Chairman agrees they mayremain seated) and address the Chairman. If two or more Members rise, theChairman shall call on one to speak; the other or others must then sit. While aMember is speaking the other Members must remain seated, unless rising to a pointof order or in personal explanation.

16. SPEECHES

16.1 Contents and Duration of SpeechesA speech should relate to the question under discussion or to a point of order or ofclarification. No speech may be longer than five minutes, except by consent of theCouncil.

16.2 When a Member may Speak AgainA Member who has spoken on any motion may not speak again whilst it is thesubject of debate, except:

16.2.1 to speak once on an amendment moved by another Member;16.2.2 if the motion has been amended since he/she last spoke, to move a further

amendment;16.2.3 if his/her first speech was on an amendment moved by another Member

(whether or not carried), to speak on the main issue;16.2.4 in exercise of a right of reply given by these Council Procedure Rules;16.2.5 on a point of order;16.2.6 by way of personal explanation.

17. POINTS OF ORDER

17.1 A Member may rise on a point of order or of clarification, and is then entitled to beheard at that point. A point of order may relate only to an alleged breach of theseCouncil Procedure Rules or statutory provisions and the Members must specify boththe Council Procedure Rule or statutory provision and the way in which he/sheconsiders it has been broken. A point of clarification must be confined to somematerial part of a previous speech by him/her which may appear to have beenmisunderstood in the present debate.

17.2 The ruling of the Chairman on a point of order or point of clarification is final.

18. RESPECT FOR CHAIR

Whenever the Chairman requires it during a debate any Member then standingand/or speaking must resume his seat and all debate must cease.

19. ATTENDANCE AND CONDUCT AT MEETINGS

19.1 A Member of the Council is permitted to attend a meeting of any Committee, Panel orWorking Party of which he/she is not a Member (subject to the rules relating todeclarations of interest and the rules relating to membership of Scrutiny Committees

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or Sub-Committees). A Member attending a meeting of which he/she is not astanding Member shall speak once only on any item but may speak again at thediscretion of the Chairman (subject to any proposal to move to next business whichwould take precedence).

19.2 A Member of the Council who has moved a motion which has been referred to anyCommittee or other Member body shall have notice of the meeting of the Committeeor other Member body at which it is proposed to consider the motion. He/she shallhave the right to attend that meeting and if he attends he shall have an opportunity ofspeaking to the motion and exercising a right of reply.

19.3 Members' Conduct

19.3.1 If at a Council meeting the Chairman informs the Council of his/her opinionthat a Member is misconducting himself/herself e.g.

-by persistently disregarding the ruling of the Chair;-by behaving irregularly, improperly or offensively;-by wilfully obstructing the business of the Council;-because of the irrelevance or repetitious content or nature of-his/her speeches;

the Chairman or any other Member may move "That the Membernamed be not further heard" and that motion if seconded shall be putand determined without discussion.

19.3.2 If the Member named continues his/her misconduct after a motion under theforegoing paragraph has been carried the Chairman shall:

EITHER move "That the Member named do leave the meeting" (in which casethe motion shall be put and determined without seconding or discussion);

OR adjourn the meeting of the Council for such period as he/she in his/herdiscretion shall consider expedient.

19.3.3 In the event of general disturbance which in the opinion of the Chairmanrenders the due and orderly dispatch of business impossible, the Chairman inaddition to any other power vested in him/her may, without question put,adjourn the meeting of the Council for such period as he/she in his discretionshall consider expedient.

19.3.4 If a Member attends a Meeting, where any business of the meeting relates toor is likely to affect that Member’s Disclosable Pecuniary Interest as describedat paragraph 7 (and Appendix A) of the Members Code of Conduct, then theMember:

(i) must not participate in any discussion on that item of business;

(ii) must not vote on that item of business;

(iii) must retire from the Meeting, until the discussion and vote on that itemof business has taken place.

19.3.5 If a Member attends a Meeting, where any business of the meeting relates toor is likely to affect that Member’s Prejudicial Interest as described atparagraph 13 of the Members Code of Conduct, then the Member:

(i) must not participate in any discussion on that item of business;

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(ii) must not vote on that item of business;

(iii) must retire from the Meeting, until the discussion and vote on that itemof business has taken place UNLESS the Member is exercising aSpeaking Right as described in paragraph 1.5 of the Member Code ofConduct. Such a Speaking Right shall be exercised in accordance withparagraph 13 of the Member Code of Conduct and once exercised theMember must retire from the Meeting until the discussion and vote onthat item of business has taken place.

19.3.6 In the event that the Member with the Interest described in paragraphs 7 and13 of the Member Code of Conduct, does not abide by Rules 19.3.4 and19.3.5, the Chairman shall follow the procedure under Rule 19.3.2.

19.4 Disturbance by Members of the Public

If a member of the public interrupts the proceedings at any Council meeting theChairman shall warn him. If he/she continues the interruption the Chairman shallorder his/her removal from the meeting. In case of general disturbance in any part ofthe room where a meeting open to the public is held the Chairman shall order thatpart to be cleared.

[Note: A procedure following disruption to a meeting has been produced forCouncil/Committee Chairmen in accordance with this procedure rule].

19.5 Mobile Phones

At meetings of Council, all Members and officers will ensure that their mobile phonesand/or pagers are switched off.

20. RESCISSION OF PRECEDING RESOLUTION

No motion to rescind any resolution passed within the preceding six months, and nomotion or amendment to the same effect as one which has been rejected within thepreceding six months, shall be proposed unless the notice is given under theseCouncil Procedure Rules, signed by at least five Members of the Council. When anysuch motion or amendment has been dealt with by the Council, it shall not be open toany Member to propose a similar motion within a further period of six months.

However, this Council Procedure Rule does not apply to motions moved inpursuance of consideration of a recommendation of a committee, or as a result oflegislative change.

21. SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES

21.1 Suspension

All of these Council Rules of Procedure except Rule 9.1.4 and this Rule 21.1 may besuspended by motion with notice or without notice if requested by at least two thirdsof Councillors present and voting. Suspension can only be for the duration of therelevant item at the meeting.

21.2 Amendment

Any motion to add to, vary or revoke these Council Procedure Rules will, whenproposed and seconded, stand adjourned without discussion to the next ordinary

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meeting of the Council, if an item to make such an amendment has not appeared onthe summons for the meeting.

22. RECORD OF ATTENDANCE

The Chief Executive as proper officer shall record the attendance of all Memberspresent during the whole or part of every meeting of the Council or its committees,etc but the Chairman of any such meeting may, exceptionally, require all suchMembers to sign their names on attendance sheets before the conclusion of anymeeting to assist with the record of attendance.

The timing of any Members late arrival or early departure from meetings will berecorded.

23. EXCLUSION OF THE PRESS AND PUBLIC

Members of the public and/or press may only be excluded either in accordance withthe Access to Information rules in this constitution or Council Procedure Rule 19.4(Disturbance by Members of the Public).

24. APPOINTMENT OF COMMITTEES, ETC OF SUBSTITUTE AND CO-OPTEDMEMBERS OF COMMITTEES AND SUB-COMMITTEES

24.1 Appointment of Committees, Sub-Committee, Panels

24.1.1 Prior to Annual Council, the leader of each political group shall notify theChief Executive of the names of the Members of each group to be appointedto each Committee, Sub-Committee and Panel in accordance with thenumber of seats available to them on each such body.

24.1.2 Election of Chairman and Vice-Chairman of Committees, Sub-Committees, Panels and Working Parties

Every Committee, Sub-Committee, Panel and Working Party shall, at its firstmeeting after the Annual Meeting of the Council before proceeding to anyother business elect a Chairman for the ensuing Municipal year, and may atany time appoint a Vice-Chairman. In the absence from a meeting of theChairman (and Vice-Chairman if elected) a Chairman for that meeting may beappointed.

24.1.3 Special Meetings

The Chairman of the Committee, Sub-Committee, Panel or Working Party orthe Chairman of the Council may call a special meeting of the Committee,Sub-Committee, Panel or Working Party at any time. A special meeting shallalso be called on the requisition of half of the whole number of theCommittee, Sub-Committee, Panel or Working Party, delivered in writing tothe Chief Executive, but in no case shall fewer than four Members requisitiona special meeting. The summons to the special meeting shall set out thebusiness to be considered thereat, and no business other than that set out inthe summons shall be considered at that meeting.

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24.1.4 Working Parties

Every Committee, Sub-Committee and Panel appointed by the Council mayappoint Working Parties for purposes to be specified by the Committee orPanel.

24.2 Substitutions

24.2.1 Allocation

As well as allocating seats on Committees and Sub-Committees, the Councilwill allocate Members in the same manner as substitute Members. The onusfor nominating the respective substitute Member for each Member body restswith the appropriate political group. Nominations are to be made by theleader of each political group.

24.2.2 Number

For each relevant Committee or Sub-Committee, the Council will appoint upto two substitutes in respect of each group, either or both of whom maysubstitute for any Committee Member(s) in their group. The exceptions tothis are Scrutiny Committee/Sub-Committee whose substitution rules arespecified in Paragraph 1.2 of its Terms of Reference, and LicensingCommittee.

24.2.3 Powers and Duties

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

24.2.4 Substitution

Substitute Members may attend meetings in that capacity only:

24.2.4.1 to take the place of an absent ordinary Member for whom they arethe designated substitute;

24.2.4.2 where the ordinary Member will be absent for the whole of themeeting;

24.2.4.3 (in the case of Planning Committee), where the substitute Memberhas attended training (and not until or unless such inductiontraining has been undertaken, and thereafter any annual trainingarranged for Members);

24.2.4.4 (in the case of Planning Committee), where the usual Member ofthe Committee, or in his/ her absence, the Group Leaders (or his/her Deputy) have given a minimum of one clear days notice to therelevant Democratic Services Officer that they are unable toattend, and the name of substitute Member attending; and

24.2.4.5 (in the case of Planning Committee) where the substitute Memberis able to attend the site visit and meeting.

Provided the above conditions have been satisfied, the substitute Membershall retain the right to vote for the duration of the meeting and may not bereplaced by the Member for whom he or she is substituting.

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However, if the Member who is to be replaced ("the original Member") ispresent at the start of the meeting then the substitution shall not have effectfor that meeting - so that the substitute may not speak and/or vote in thatcapacity at that meeting and may only otherwise speak with the prior consentof the Chairman. This will not apply where Planning Committee substituteMembers have been nominated to attend.

Where the original Member is not present at the start of the meeting at whichthe substitute is present, but arrives later, the original Member may not speakand/or vote at that meeting as a member of that Member Body and may onlyotherwise speak with the prior consent of the Chairman.

24.3 Co-option of Non-Councillors onto the Council's Working Parties/ Scrutiny &Finance & Governance Hearings Sub-Committees (and Panel)

24.3.1 No more than two co-optees may be appointed to any individual WorkingParty.

24.3.2 The duration of the co-optees appointment should be a matter for the WorkingParty to make recommendations to Council in each instance, with the provisothat co-options would end at the end of each municipal year (requiring the co-optees to be formally re-appointed or new ones to be appointed at the firstmeeting of the Working Party) and that the Working Party should have thepower to recommend to Council the termination of any co-option at any time.

24.3.3 Co-optees on Working Parties have voting rights.

24.3.4 Co-optees do not count for the purposes of the quorum.

24.3.5 It is a specific term of the appointment of co-optees that they do not makestatements to the press on the business of or purporting to be on behalf of theWorking Party.

24.3.7 There are no rights of substitution for co-opted Members.

24.3.8 Scrutiny Committees/ Sub-Committees may also appoint no more than twoco-optees to any meeting. Co-optees do not have voting rights and are notexcluded from debates at which the press and public have been excluded bya resolution under the Access to Information Procedure Rules.

24.3.9 If a Co-optee fails through a period of six consecutive months from the date ofthe last attendance to attend any meeting of the Working Party/ ScrutinyCommittee (or Scrutiny Sub-Committees), they shall cease to be a co-opteeof the authority, unless the failure is due to some reasons approved by theauthority before the expiry of that six month period. Any allowance payableunder the Members’ Allowance Scheme shall also cease as at that date, suchallowance to be apportioned to that date.

25. APPLICATION TO COMMITTEES AND OTHER MEMBER BODIES

25.1 All the Council Procedure Rules apply to meetings of full Council.

25.2 All the Council Procedure Rules with the exception of Rules 1, 2, 4, 10, 11, 13, 15,and 21.2 apply to meetings of the Council's Committees and other Member Bodies.

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25.3 Committees may appoint and dissolve their Sub Committees, Working Parties anddetermine their Sub Committees terms of reference and appointment.

25.4 The Chief Executive may call or those listed below may request the Chief Executiveto call Committee, Sub-Committee or Working Party meetings in addition topreviously scheduled meetings:

25.4.1 the member body itself by resolution;25.4.2 the Chairman of the member body;25.4.3 the Monitoring Officer or Lead Officer(s) for the member body; and25.4.4 any three Members of Council, at least two of whom must be on the member

body, if they have signed a requisition presented to the Chairman of themember body who has refused to call a meeting or has failed to call ameeting within eight working days of presentation of the requisition.

26. MEMBER BODY MOTIONS WITHOUT NOTICE

Amongst others the following motions and amendments may be moved withoutnotice at a meeting of a member body:

26.1 Appointment of a chairman of that meeting.

26.2 Motions relating to the accuracy of the minutes of the previous meeting.

26.3 That an item of business listed in the summary be brought forward.

26.4 Reference back of a recommendation to a sub-committee or working party, etc.

26.5 Appointment of members to a Sub-Committee or Working Party, occasioned by anitem mentioned in the summons to the meeting.

26.6 Receipt and adoption of reports and recommendations of Sub-Committees etc.

26.7 That leave be given to withdraw a motion.

26.8 Extending the time limit of speeches.

26.9 Amendment to motions.

26.10 That the member body proceeds to the next business.

26.11 That the question be now put.

26.12 That the debate should now be adjourned.

26.13 That the member body should now adjourn.

26.14 Suspending the constitution or any part of it (in accordance with the CouncilProcedure Rules).

26.15 Motion under S100A of the Local Government Act 1972 (as amended) to exclude thepublic (including the press).

26.16 That a Member named under these Council Procedure Rules should be not furtherheard or should leave the meeting.

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26.17 Giving the consent of the Council where such consent is required by these CouncilProcedure Rules.

26.18 Voting on appointments in accordance with these Council Procedure Rules.

26.19 Recorded votes in accordance with these Council Procedure Rules.

27. LOCATION OF MEMBER BODY MEETINGS

27.1 These will generally be at the Council Offices at The Grange but in consultation withthe Chairman of the relevant body, the lead officer for that body may arrange aparticular meeting at an alternative venue if appropriate. The final decision onlocation will be taken when the agenda for that meeting is finalised.

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CONSTITUTION

PART 4

2. ACCESS TO INFORMATION PROCEDURE RULES

1. These rules apply to all meetings of the Council, Scrutiny Committee, AreaCommittees (if any), Policy and other Committees, Sub-Committees, Working Parties andPanels (together called meetings).

2. ADDITIONAL RIGHTS TO INFORMATION

These rules do not affect any statutory rights to information contained elsewhere in thisConstitution or the law.

3. RIGHTS TO ATTEND MEETINGS

Members of the public may attend all meetings subject only to the exceptions in these rules.

4. NOTICES OF MEETING

The Council will give at least five clear days notice of any meeting by posting details of themeeting at the Reception area, the Council Offices, The Grange, Nutholt Lane, Ely.

5. ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING

The Council will make copies of the agenda and reports open to the public available forinspection at Council Offices at least five clear days before the meeting. If an item is addedto the agenda later, the revised agenda (where reports are prepared after the summons hasbeen sent out, the designated officer shall make each such report available to the public assoon as the report is completed and sent to Councillors) will be open to inspection from thetime the item was added to the agenda. Access to exempt report or documents are dealtwith below.

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 theitems in the agenda; and

(c) if the Chief Executive thinks fit, copies of any other documents supplied toCouncillors in connection with an item;

to any person on payment of a charge for postage and any other costs.

7. ACCESS TO MINUTES, ETC AFTER THE MEETING

The Council will make available copies of the following for six years after a meeting:

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(a) the minutes of the meeting, excluding any part of the minutes of proceedingswhen the meeting was not open to the public or which disclose exempt orconfidential information;

(b) a summary of any proceedings not open to the public where the minutes opento inspection would not provide a reasonable 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

Every report will include a list of those documents (called background papers) relating to thesubject matter of the report which in the lead officer’s opinion:

(a) disclose any facts or matters on which the report or an important part of thereport is based; and

(b) which have been relied on to a material extent in preparing the report

but does not include published works or those which disclose exempt orconfidential 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 themeeting one copy of each of the documents on the list of background papers.

9. SUMMARY OF PUBLIC RIGHTS

A written summary of the rights of the public to attend meetings and to inspect and copydocuments must be kept at and be available to the public at the Council's Offices at TheGrange.

10. EXCLUSION OF THE PUBLIC FROM MEETINGS

The Council will endeavour to conduct its business in public. However:

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 thebusiness to be transacted or the nature of the proceedings that confidential informationwould 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 thebusiness to be transacted or the nature of the proceedings that exempt information would bedisclosed.

Where the meeting will determine any person's civil rights or obligations, or adversely affecttheir possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the

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meeting will be held in public unless a private hearing is necessary for one of the reasonsspecified in Article 6.

10.3 Meaning of confidential information

Confidential information means information given to the Council by a GovernmentDepartment on terms, which forbid its public disclosure, or information which cannot bepublicly disclosed by Court Order.

10.4 Meaning of exempt information

Exempt information means information falling within any of the following 7 categories:

1. Information relating to any individual.

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 contemplatedconsultations or negotiations, in connection with any labour relations matterarising between the authority or a Minister of the Crown and employees of, oroffice holders under, the authority.

5. Information in respect of which a claim to legal professional privilege could bemaintained in legal proceedings.

6. Information which reveals that the authority proposes:-

a) to give under any enactment a notice under or by virtue of whichrequirements 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 theprevention, investigation or prosecution of crime.

10.5 Qualifications relating to exempt information

10.5.1 Information falling within paragraph 3 above is not exempt information byvirtue of that paragraph if it is registered under:-

a) the Companies Act 1985;

b) the Friendly Societies Act 1974;

c) the Friendly Societies Act 1992;

d) the Industrial and Provident Societies Acts 1965 to 1978;

e) the Building Societies Act 1986; or

f) the Charities Act 1993.

10.5.2 Information falling within any of the paragraphs 1-7 is not exempt informationif it relates to proposed development for which the local planning authority

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may grant itself planning permission pursuant to regulation 3 of the Town andCountry Planning General Regulations 1992.

10.5.3 Information which:-

a) falls within any of paragraphs 1 to 7 above; and

b) is not prevented from being exempt by virtue of paragraph 10.5.1 or10.5.2 above, is exempt information if and so long, as in all thecircumstances of the case, the public interest in maintaining theexemption outweighs the public interest in disclosing the information.

[Explanatory Note: paragraph 10.5.3 above establishes a ‘public interest’ test both inrelation to the original application of the exemption and the length of time that theinformation remains exempt.]

11. EXCLUSION OF THE PUBLIC TO REPORTS

If the Monitoring Officer thinks fit, the Council may exclude access by the public to reportswhich in his or her opinion relate to items during which, in accordance with Rule 10, themeeting is likely not to be open to the public. Such reports will be marked "Not forpublication" together with the category of information likely to be disclosed.

12. INSPECTION OF DOCUMENTS BY MEMBER

12.1 A Member of the Council may inspect such reports (including exempt reports) orminutes and obtain a copy prior to the matter being considered by a Committee, Sub-Committee or Working Party. Exempt reports and papers will be circulated in advanceof a Committee, Sub-Committee or Working Party meeting to the Members of thatbody, or substitute Members or any other Member that requests a copy. Furthercopies of exempt reports will be available at the meeting.

12.2 Otherwise, a Member of the Council on application to the Monitoring Officer mayinspect any exempt document (background or otherwise) which is to be or has beenconsidered by the Council or any Committee, Sub-Committee or Working Party etcand if copies are available shall on request be supplied for the like purposes with acopy of such a document which was consulted, referred to or used by any officer inpursuance of the execution of powers delegated to him by the Council Committee,provided the Member demonstrates that this is necessary to enable the Member toproperly perform his/her duties as a Member of the Council and provided that aMember shall not knowingly inspect and shall not call for a copy of any documentrelating to a matter in which he has any prejudicial interest within the meaning of theMembers Code of Conduct from time to time in force.

13. INSPECTION OF LANDS, PREMISES, ETC BY MEMBERS

13.1 Unless specifically authorised to do so by the Council or a Committee, a Member ofthe Council shall not issue any order respecting any works which are being carriedout by or on behalf of the Council or claim by virtue of his membership of the Councilany right to inspect or to enter upon any lands or premises which the Council havethe power or duty to inspect or enter.

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CONSTITUTION

PART 4

3. BUDGET AND POLICY FRAMEWORK PROCEDURES

1. The framework for decision making

The Council will be responsible for the adoption of its budget and policy framework as setout in Article 4. Once a budget or a policy framework is in place, it will be the responsibilityof the Policy Committees to implement it.

2. Process for developing the framework

(a) The Council will produce annually a programme for establishing the budgetand policy framework for the following year.

(b) Within the overall programme, Policy Committees may identify studies theywish to request from Overview and Scrutiny Committees or any Sub-Committee.

(c) Policy studies undertaken by Overview and Scrutiny Committees or any Sub-Committees should engage as widely as possible with citizens andstakeholders in the community and use a variety of methods to gauge publicviews. The results should be presented to the relevant Policy Committee, whowill then draw on them in developing their proposals to Council.

(d) The policy and budget framework presented to Council will be available forpublic consultation. As part of this public consultation, the Council will hold,e.g.

parish forumsbudget consultation meetings with local businesses

(e) In approving the policy and budgetary framework, the Council will also specifythe extent of virement within the budget and degree of in-year changes to thepolicy framework which may be undertaken by Policy Committees, inaccordance with its Financial Regulations. Any other changes to the policyand budgetary framework are reserved to the Council.

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CONSTITUTION

PART 4

4. FINANCIAL PROCEDURE RULES

1.0 INTRODUCTION

1.1 The purpose of the Council’s Financial Regulations is to provide the framework formanaging the Council’s financial affairs. They apply to every Member and officer ofthe Council and anyone acting on its behalf.

1.2 Every officer has a responsibility to read and be familiar with these regulations. Noncompliance may be considered to be a disciplinary offence and will be dealt with inaccordance with the Council’s Disciplinary Policy and Procedure.

1.3 It is the responsibility of the Chief Executive/ Deputy Chief Executive and Heads ofService to ensure that all staff under their control are aware of the Council’sFinancial Regulations and other internal regulatory documents and that they complywith them. They shall also ensure that an adequate number of copies are availablefor reference within their departments.

1.4 The Financial Regulations identify the financial responsibilities of the Council, theFinance & Governance Committee, the Chief Executive as Head of Paid Service, theMonitoring Officer, the Head of Finance, the Deputy Chief Executive and Heads ofService. The Council shall maintain a written record where decision making hasbeen delegated to members of staff, including seconded staff.

1.5 All Members and staff have a general responsibility for taking reasonable action toprovide for the security of the assets under their control, and for ensuring that the useof these resources is legal, is properly authorised, provides value for money andachieves best value.

1.6 The Head of Finance shall maintain a continuous review of the Financial Regulationsand submit any additions or changes necessary to the Council for approval. TheHead of Finance shall also report, where appropriate, breaches of the FinancialRegulations to the Council.

1.7 Detailed Financial Procedures setting out how the Financial Regulations will beimplemented/applied are contained as an appendix to these Regulations (to follow).

1.8 The Head of Finance will also issue advice, guidance and procedures to underpin theFinancial Regulations that Members, officers and others acting on behalf of theCouncil are required to follow.

2.0 FINANCIAL MANAGEMENT

2.1 Introduction

2.2 Financial management covers all financial accountabilities in relation to the runningof the Council, including the policy framework and budget.

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3.0 THE COUNCIL

3.1 The Council is responsible for adopting and approving the budget within which theCouncil operates. It is also responsible for approving and monitoring compliance withthe Council’s overall framework of accountability and control.

4.0 THE STATUTORY OFFICERS

4.1 Head of Paid Service

The Council’s Head of Paid Service for the purposes of Section 4 of the LocalGovernment and Housing Act 1989 is the Chief Executive.

4.2 Monitoring Officer

The Monitoring Officer, together with the Head of Finance is also responsible foradvising the Council whether a decision is likely to be considered contrary to or notwholly in accordance with the budget. Actions that may be ‘contrary to the budget’include:

(i) initiating a new policy(ii) committing expenditure in future years to above the budget level(iii) incurring interdepartmental transfers above virement limits(iv) causing the total expenditure financed from council tax, grants and

corporately held reserves to increase, or to increase by more than a specifiedamount.

4.3 Head of Finance

The Head of Finance has statutory duties in relation to the financial administrationand stewardship of the authority. This is a statutory responsibility and cannot beoverridden. The statutory duties arise from:

(i) Section 151 of the Local Government Act 1972(ii) The Local Government Finance Act 1988(iii) The Local Government and Housing Act 1989(iv) The Accounts and Audit Regulations 2003 (SI 2003/533)

4.4 The Head of Finance is responsible for:

(i) the proper administration of the authority’s financial affairs(ii) setting and monitoring compliance with financial management standards(iii) advising on the corporate financial position and on the key financial controls

necessary to secure sound financial management(iv) providing financial information(v) preparing the revenue budget and capital programme(vi) treasury management.

4.5 In accordance with Section 114 of the Local Government Finance Act 1988 the Headof Finance shall report to the Council and the external auditor if the Authority or oneof its officers:

(i) has made, or is about to make, a decision which involves incurring unlawfulexpenditure

(ii) has taken, or is about to take, an unlawful action which has resulted or wouldresult in a loss or deficiency to the authority

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(iii) is about to make an unlawful entry in the authority’s accounts.

4.6 The Head of Finance shall in accordance with Section 114 of the 1988 Act nominatea properly qualified member of staff to deputise should he or she be unable toperform the duties under section 114 personally.

4.7 The Head of Finance shall report to Council where insufficient staff, accommodationor other resources, including legal advice where necessary, are provided for him toproperly carry out his duties under section 114.

The Chief Executive/ Deputy Chief Executive and Heads of Service

4.8 The Chief Executive/ Deputy Chief Executive and Heads of Service shall ensure thatmembers are advised of the financial implications of all proposals and that thefinancial implications have been agreed by the Head of Finance.

4.9 These officers shall consult with the Head of Finance and seek approval on anymatter liable to affect the Council’s finances materially, before any commitments areincurred.

5.0 OTHER FINANCIAL ACCOUNTABILITIES

5.1 The Council may agree procedures for virement of expenditure between budgetheadings.

5.2 There is to be a presumption against additions to the budget being made other thanthrough the annual budget round as described below at 6.1. In the normal course ofevents, the only such supplementary estimates that would be approved would be tomeet the costs arising from unforeseen and/or unavoidable eventualities that cannotbe accommodated by the normal virement process. The approval by Finance &Governance Committee of such supplementary estimates would be conditional onthe formulation of an appropriate recovery plan to protect the overall financial positionof the Council.

5.3 Without the prior approval of Finance & Governance Committee:

(a) Budget virements may only be used to manage in-year variations againstbudgets for existing programmes and plans up to 5% of a service’s budget1

provided that does not exceed £10,000.

This regulation applies to all officers of the Council, and includes inter aliacosts arising from any regrading decision.

In the normal course of events it is recognised that spending commitmentsmay be entered into that cause a budget to become overspent due to anecessary response to emergencies, statutory requirements, statutoryentitlements, or other imperatives of the service. Such variances, however,must be reported to the Chairman and Group Spokespersons of the relevantPolicy Committee and Finance & Governance Committee at the earliestopportunity and brought to the next relevant Policy Committee meeting andsubsequent Finance & Governance Committee meeting for confirmation ofthe corrective action proposed.

1Service budget is defined as the relevant “Total Expenditure” line in the Council’s published budget

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(b) Any savings arising from the late or delayed start of new projects or initiativesare to be returned to the central contingency fund.

(c) Unforeseen savings against budget (through unexpected reductions in cost ornon-volume driven increases in income) are to be returned to the centralcontingency fund.

5.4 With Finance & Governance Committee’s prior approval, 50% of planned, orengineered, savings against budget can be used to support non-recurring budgetselsewhere within a Policy Committee’s remit; the balance shall be returned to thecentral contingency fund.

5.5 Service development proposals exceeding £25,000, including improvement andchange options arising from service plans, must be accompanied by a detailedfinancial appraisal setting out any external funding streams and the long-termfinancial implications for the Council.

5.6 Policy Committees shall receive quarterly budget monitoring reports with arequirement to consider outturn projections including virements approved under themechanisms set out above.

5.7 Finance & Governance Committee shall be responsible for the management of theliabilities and duties arising under section 106 agreements. Regular reports will besubmitted to the Committee detailing those commitments and the relevant availablefunds.

5.8 Accounting Policies

The Head of Finance shall select appropriate accounting policies and ensure thatthey are applied consistently.

5.9 Accounting Records and Returns

The Head of Finance shall determine the accounting procedures and records for theauthority.

5.10 The Annual Statement of Accounts

The Head of Finance shall ensure that the annual statement of accounts is preparedin accordance with relevant legislation and the Codes of Practice. The Finance &Governance Committee shall approve the annual statement of accounts.

6.0 FINANCIAL PLANNING

6.1 Preparation of the Revenue Budget

The September meeting of the Finance & Governance Committee will set the parameters foreach Committee’s budget including:

(a) provision for increases in cost for inflation(b) provision to cover specific volume changes in services caused directly by

population changes(c) efficiency cost reduction targets(d) variations in budget to be delivered through service adjustments

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The December meeting of the Finance & Governance Committee will agree the funding ofservice development proposals arising from the Service Plan process.

6.2 Preparation of the Capital Programme

The Head of Finance shall ensure that a capital programme is prepared on an annualbasis for consideration by Finance & Governance Committee before submission tothe Council.

6.3 Budget Monitoring and Control

It is the responsibility of the Chief Executive/ Deputy Chief Executive and Heads ofService to control income and expenditure within their area and monitor performance,taking account of financial information provided by the Head of Finance. They shallreport on material variances within their own areas. They shall also take any actionnecessary to avoid exceeding their budget allocation and alert the Head of Financeto any problems.

The Head of Finance shall provide appropriate financial information to enable bothrevenue and capital budgets to be monitored effectively. The Head of Finance shallalso monitor and control expenditure against budget allocations and report toFinance & Governance Committee on the overall position on a regular basis.

6.4 Guidelines

Guidelines on budget preparation shall be issued to Members and Officers by theHead of Finance following agreement with the Finance & Governance Committee.

The guidelines shall take account, as appropriate, of:

(i) available resources(ii) legal requirements(iii) medium-term financial planning prospects(iv) the corporate plan(v) spending pressures(vi) best value and other relevant government guidelines(vii) other internal policy documents(viii) cross-cutting issues.

Maintenance of Reserves

The Head of Finance shall advise the Finance & Governance Committee and theCouncil on prudent levels of reserves for the Council.

7.0 RISK MANAGEMENT AND CONTROL OF RESOURCES

Introduction7.1 The Council will develop and maintain robust, integrated systems for identifying and

evaluating all significant operational risks to the Council. This will include theproactive participation of all those associated with planning and delivering services.

Risk Management7.2 The Finance & Governance Committee is responsible for approving the Council’s risk

management policy statement and strategy and for reviewing the effectiveness of riskmanagement. The Head of Finance shall ensure that the Council has properarrangements for insurance.

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7.3 The Chief Executive shall prepare the Council’s risk management policy statement,and promote it throughout the organisation.

Internal Control7.4 The Head of Finance shall advise on effective systems of internal control. These

arrangements shall ensure compliance with all applicable statutes and regulations,and other relevant statements of best practice. They shall ensure that public fundsare properly safeguarded and used economically, efficiently, and in accordance withthe statutory and other authorities that govern their use.

7.5 The Chief Executive/ Deputy Chief Executive and Heads of Service shall establishsound arrangements for planning, appraising, authorising and controlling theiroperations in order to achieve continuous improvement, economy, efficiency andeffectiveness and for achieving their financial performance targets.

Audit Requirements7.6 The Accounts and Audit Regulations 2003 issued by the Secretary of State for the

Environment require every local authority to maintain an adequate and effectiveinternal audit. The Council has designated responsibility for this function to the Headof Finance.

7.7 The Internal Auditor, in consultation with the Head of Finance shall maintain a threeyear Strategic Plan from which an Annual Plan will be prepared detailing the areas ofaudit coverage for the following year.

7.8 The Audit Commission is responsible for appointing external auditors to each localauthority. The basic duties of the external auditor are governed by section 15 of theLocal Government Finance Act 1982, as amended by section 5 of the AuditCommission Act 1998.

7.9 The authority may, from time to time, be subject to audit, inspection or investigationby external bodies such as HM Customs and Excise and the Inland Revenue, whohave statutory rights of access.

Preventing Fraud and Corruption7.10 The Head of Finance in consultation with the Head of Legal and Democratic Services

shall develop and maintain an anti-fraud and anti-corruption policy.

Assets7.11 The Chief Executive/ Deputy Chief Executive and Heads of Service shall ensure that

records and assets are properly maintained and securely held. They shall alsoensure that contingency plans are in place for the security of assets and continuity ofservice in the event of disaster or system failure.

Treasury Management7.12 The Council shall adopt the key recommendations contained in CIPFA’s Treasury

Management in Public Services: Code of Practice 2001.

7.13 To ensure effective treasury management the Council shall maintain:

(i) a treasury management policy statement, stating the policies and objectivesof its treasury management activities

(ii) treasury management practices, setting out the manner in which the Councilwill seek to achieve the policies and objectives and how it will control activities

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7.14 The Finance & Governance Committee shall receive reports on its TreasuryManagement and Annual Investment strategy policies, practices and activitiesincluding, as a minimum, an annual strategy and plan in advance of the year, and anannual report after its close in the form prescribed in the treasury managementpractices, such Strategies to be approved by full Council.

7.15 The Head of Finance shall have delegated responsibility for the execution andadministration of treasury management decisions in accordance with the policystatement, treasury management practices and CIPFA’s Standard of ProfessionalPractice on Treasury Management.

Treasury management practices have been issued by the Head of Finance underdelegated powers.

8.0 SYSTEMS AND PROCEDURES

Introduction8.1 Sound systems and procedures are essential to an effective framework of

accountability and control.

General8.2 The Head of Finance is responsible for the operation of the authority’s accounting

systems, the form of accounts and the supporting financial records. No changes maybe made by the Chief Executive/ Deputy Chief Executive and Heads of Service toexisting financial systems or new systems established without the approval of theHead of Finance. The Chief Executive/ Deputy Chief Executive and Heads of Serviceare responsible for the proper operation of financial processes within their areas ofresponsibility.

8.3 The Chief Executive/ Deputy Chief Executive and Heads of Service shall ensure thattheir staff receive relevant financial training as may be approved from time to time bythe Head of Finance.

Income and Expenditure8.4 The Chief Executive/ Deputy Chief Executive and Heads of Service shall ensure that

a proper scheme of delegation has been established within their areas ofresponsibility and that it is operating effectively. The internal schemes of delegationshall identify members of staff authorised to act on the behalf of the Chief Executive/Deputy Chief Executive and Heads of Services behalf, or on behalf of the Council, inrespect of payments, income collection and placing orders, together with the limits oftheir authority. The Finance & Governance Committee is responsible for approvingprocedures for writing off debts as part of the overall control framework ofaccountability and control.

Payments to Employees and Members8.5 The Chief Executive/ Deputy Chief Executive and Heads of Service shall approve all

payments relating to salaries, wages, travelling expenses etc. of their staff inaccordance with the approved list of authorised signatories.

8.6 The Head of Finance shall make all payments of salaries, wages, travelling expensesetc. to staff, and payments of allowances to members.

Taxation8.7 The Head of Finance shall advise the Chief Executive/ Deputy Chief Executive and

Heads of Service, in the light of guidance issued by appropriate bodies and relevantlegislation as it applies, on all taxation issues which may affect the Council.

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8.8 The Head of Finance shall maintain the Council’s tax records, making all taxpayments, receiving tax credits and submitting tax returns by their due date asappropriate.

Trading Accounts/Business Units8.9 The Head of Finance shall give advice on the operation of existing trading accounts

and business units. No changes may be made to existing trading accounts andbusiness units without the approval of the Head of Finance.

8.10 No new trading accounts or business units may be established by the ChiefExecutive/ Deputy Chief Executive and Heads of Service without the approval of theHead of Finance.

9.0 EXTERNAL ARRANGEMENTS

Partnerships9.1 The Chief Executive/ Deputy Chief Executive and Heads of Service shall not enter

into any partnerships or joint ventures without first consulting the Head of Finance.

9.2 The Head of Finance shall ensure that the accounting arrangements to be adoptedrelating to partnerships and joint ventures are satisfactory. The Head of Financeshall also consider the overall corporate arrangements and legal issues whenarranging contracts with external bodies, and shall ensure that the risks have beenfully appraised before agreements are entered into with external bodies.

9.3 The Chief Executive/ Deputy Chief Executive and Heads of Service shall ensure thatappropriate approvals are obtained before any negotiations are concluded in relationto work with external bodies.

External Funding9.4 The Head of Finance shall ensure that all funding notified by external bodies is

received and properly recorded in the authority’s accounts.

10.0 FINANCIAL PROCEDURES

Introduction10.1 Financial Procedures set out in detail the requirements of the Council’s financial

systems and are intended to support the Financial Regulations.

10.2 These procedures are working documents and therefore they will develop/change asgood practice determines. The Head of Finance shall periodically issue an updatedcopy of the procedures.

10.3 The Chief Executive/ Deputy Chief Executive and Heads of Service are required toensure that all staff adhere to the Financial Procedures, and are responsible forensuring that staff are adequately trained in their application. A current version shallalso be placed on the Council’s intranet site.

10.4 The Financial Procedures cover guidance in the following areas:

Financial Management Standards Managing Expenditure - Scheme of virement

- Treatment of year-end balances Accounting Policies Accounting Records and Returns

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Annual Statement of Accounts Service Plans Budgeting - Format of the budget

- Revenue budget preparation,monitoring and control

- Budgets and medium-termplanning

- Resource allocation- Capital programme

Risk Management Internal Controls Audit Requirements - Internal Audit

- External Audit Assets - Security

- Inventories- Stocks and stores- Intellectual property- Asset disposal

Staffing Financial Systems General Income and Expenditure - Income

- Ordering goods and services- Payments to employees and

members Taxation Trading Accounts and Business Units Partnerships External Funding Work for Third Parties

TREASURY POLICY STATEMENT

This statement sets out the Authority's policy concerning all of its funding or borrowing fromexternal sources and the lending or investment of surplus balances.

This statement also sets out how compliance with the Local Government Act 2003 (whichrequires certain fundamental items of financial policy to be determined by the Authorityannually) will be achieved and the scheme adopted by the Authority for the delegation of itspowers in relation to treasury management.

This statement meets the recommendations set out in the Code for Treasury Management inLocal Authorities issued by The Chartered Institute of Public Finance and Accountancy .The Code and this Policy Statement have been adopted by the Authority as part of itsFinancial Regulations.

Approved Activities

This Council defines its Treasury Management activities as:

The management of the Council’s cash flows, its banking, money market and capital markettransactions; the effective control of risks associated with those activities; and the pursuit ofoptimum performance consistent with those risks.

The Authority may be both a borrower and a lender, for example if it has a temporary cashsurplus but is a net borrower over the medium or long term.

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All treasury management activities involve risk and potential reward. This Council regardsthe successful identification, monitoring and control of risk to be the prime criteria by whichthe effectiveness of its treasury management activities will be measured. Accordingly, theanalysis and reporting of treasury management activities will focus on their risk implicationsfor the organisation.

This Council acknowledges that effective treasury management will provide support towardsthe achievement of its business and service objectives. It is therefore committed to theprinciples of achieving best value in treasury management, and to employing suitableperformance management techniques, within the context of effective risk management.

The policy of the Authority in the case of lending is to achieve a satisfactory return whileminimising risk; the overriding principle is to avoid risk rather than to maximise return. In thecase of borrowing, the objective is to minimise cost consistent with ensuring the stability ofthe Authority's financial position by sound debt management techniques.

The Authority and, subject to the delegated authorities set out below, its committees andofficers are authorised subject to the provisions of this Policy Statement to deposit thesurplus funds of the Authority with and purchase Certificates of Deposit issued withinstitutions in accordance with the Annual Treasury Management Strategy and AnnualInvestment Strategy adopted by the Council each year, and to borrow monies within thelimits established annually by the Authority for its various categories of borrowing.

The Authority will not undertake currency risk and accordingly will not borrow or depositfunds denominated in foreign currencies.

Formulation of Strategy

The Authority's strategy for the application of its treasury policy as set out in this statement isthe Annual Treasury Management Strategy and Annual Investment Strategy prepared by theHead of Finance and approved by full Council.

The Head of Finance prepares for the approval of full Council, annual forecasts of surplusfunds and borrowings for the ensuing financial year. He also prepares for the approval ofthe Finance & Governance Committee a strategy for funding the Authority's borrowingrequirements or lending surplus cash for the period covered by the forecast. In preparingthe strategy he has regard to the maintenance of the stable financial position of theAuthority, to ensuring that the Authority has sufficient and appropriate facilities available to itto meet both its long term borrowing requirements and its planned short term borrowingrequirements, and funding needs arising from uncertainties inherent in the planning processin the timing and amount of cash flows. The Head of Finance also has regard to the currentlevels of short term and long term interest rates and to forecasts of future changes in interestrates and prepares a recommendation for consideration by the Finance & GovernanceCommittee and approved by the Council of the total and short term borrowing limits and themaximum proportion of interest on borrowing which is subject to variable rates of interest.More detailed guidance on the matters to be included in the Annual Treasury ManagementStrategy and Annual Investment Strategy is set out in Appendix A of this statement. Mattersto be considered in determining the strategy for interest rate exposure are considered furtherbelow.

In preparing the Annual Treasury Management Strategy and Annual Investment Strategy theHead of Finance will consider in the aggregate all of the funds, borrowings and accountsoperated by the Authority.

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Based on the annual forecast the Head of Finance prepares monthly for the ensuing 12months rolling forecasts of the short term surplus cash and borrowings of the Authority forpurposes of applying the strategy on a day to day basis, of reporting the results of applyingthe strategy to the Finance & Governance Committee and where applicable during thecourse of the year, of recommending amendments to full Council.

The Head of Finance has delegated powers to carry out the Authority's strategy forborrowing, depositing surplus funds and managing the cash flow of the Authority. Inexercising these powers he has regard to the perceived credit risk associated with theapproved institutions with which funds may be deposited or invested, to the effect of possiblechanges in interest rates on the cost of borrowing and the return from investing and the needto maintain adequate liquid funds to meet the Authority's obligations.

Approved Methods of Raising Capital Finance

The Head of Finance undertakes on its behalf the borrowing activities of the Authority. He isauthorised by the Authority to undertake borrowings of the following types:

(i) by overdraft or short term from authorised banks;(ii) from the Public Works Loan Board;(iii) by means of loan instruments;(iv) by other means as approved by the Secretary of State for the Department of

Food & Rural Affairs (DEFRA) or departments replacing the same.

No borrowing may be undertaken of a type which is not included in the above list.

Investing and Depositing of Surplus Funds

The overriding principle guiding the investing of surplus cash balances is the preservation ofthe capital value of the Authority's resources. The Head of Finance has delegated authorityto invest the surplus funds of the Authority in accordance with the Annual TreasuryManagement Strategy and Annual Investment Strategy and in accordance with the terms ofthis Statement. He is authorised to deposit or invest funds only with the institutions andsubject to the limits set out in the agreed Annual Treasury Management Strategy and AnnualInvestment Strategy approved annually by full Council. The Head of Finance is responsiblefor monitoring the creditworthiness of approved deposit takers using appropriate externalsources of information including credit agency reports and limiting exposure below theapproved limits where appropriate

Interest Rate Exposure

The Head of Finance is responsible for monitoring the Authority's interest rate exposure andfor determining the interest rate exposure strategy within the limits set by this statement andby the Annual Treasury Management Strategy and Annual Investment Strategy.

The principal factor governing the exposure of surplus funds to interest rate movements isthe Authority's liquidity forecast. Where surplus funds are required to meet possible cashoutflows in the near future they will necessarily be deposited short term for periods which willensure that funds are available when required. Where surplus funds are expected to beavailable for investment for longer periods the Annual Treasury Management Strategy andAnnual Investment Strategy will give guidance on interest rate exposure policy. Wheresurplus funds are to be used to repay borrowings on maturity the maturity for which thefunds are deposited should match as closely as possible the maturity of the relatedborrowings.

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Appendix B sets out guidance on policy governing the exposure of borrowings to interestrate movements.

Legal Issues

Prior to entering into any borrowing or investment transaction it is the responsibility of theHead of Finance to satisfy himself by reference to the Monitoring Officer, the Authority'slegal department and external advisors as appropriate, that the proposed transaction doesnot breach any statute, external regulation or the Authority's Financial Regulations.

Delegation

The Authority has drawn up and approved a scheme of delegation for the operation oftreasury policy, a summary of which is set out in Appendix C.

Review and Reporting

The Head of Finance reports quarterly to the Finance & Governance Committee andannually to the Council on treasury activities. An indication of matters to be included in thereports is set out in Appendix D to this statement. Other matters are drawn to the attentionof the Council or the Finance & Governance Committee as appropriate.

Systems and Procedures

The Head of Finance maintains the Treasury Management Practices Schedules which setsout the detailed systems and procedures which are in place to ensure delivery of theapproved policy.

APPENDIX A

Matters to be Included in the Annual Treasury Management Strategy and Annual InvestmentStrategy, covering:

Treasury limits in force which will limit the treasury risk and activities of theCouncil;

Prudential Indicators;The current treasury position;The borrowing requirement;Prospects for interest rates;The borrowing strategy;Debt rescheduling;The investment strategy; andAny extraordinary treasury issue.

APPENDIX B

Matters to be Considered in Establishing Interest Rate Exposure Policy

The current level and structure of interest rates

Current interest rates compared with the historical trend

Estimates of future movements in the level and structure of interest rates

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The extent to which estimated movements in interest rates would effect the revenue accountand the effect of estimated future movements in interest rates on the revenue account if allborrowings were to be converted to variable rates.

The sensitivity of the revenue account to fluctuations in future interest rates compared withestimate.

APPENDIX C

Scheme of Delegation for Treasury Policy

Delegated power Exercised by

Approval and amendment of AnnualTreasury Management Strategy andAnnual Investment Strategy Full Council

Amendment of list of approved Seniorinstitutions Accountancy Assistant

Approval of Treasury Management PolicyStatement & Practices Head of Finance

Application of approved strategy Head of Finance

Treasury dealing with counterparties Senior Accountancy Assistant orAccountancy Assistant

Authorisation of cash transfers Head of Finance orPrincipal Accountant

Borrowing and lending documentation Head of Finance or& provision of guarantees to external bodies Principal Accountant

Bank and dealing mandates Head of Finance underauthority of Finance & GovernanceCommittee

Recommend & approving selection of Head of Finance underexternal service Providers & authority of full Councilagreeing terms of appointment

Approval of segregation of responsibilities Head of Finance

Reviewing external audit reports and making Head of Financerecommendations to Audit Committee

APPENDIX D

Matters to be included in Reports to the Finance & Governance Committee and the CouncilAnnual Report to the Council (as detailed in Appendix A and below):

Treasury operations for the year

In relation to the previous financial year: strategy

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economy borrowing and investment rates compliance with treasury limits and Prudential Indicators investment outturn and update on current year.

Matters for determination for next financial year under Local Government Act 2003,including, amongst other things

Prudential indicators

Proposed amendments to the Treasury Policy Statement

Management Information Reports for Head of Finance

Analysis of currently outstanding borrowings, deposits and investments by instrument,counterparty, and maturity date

Cash flow and revenue outturn compared with budget and commentary on variances

Revisions to rolling 12 month cash flow forecast and to estimates of future interest rates;effect on revenue budget

Proposed amendments to list of approved counterparties and to limits

Proposed amendments to Treasury Management Policy Statement and TreasuryManagement Practices.

Matters in respect of which the Treasury Policy Statement, the Annual TreasuryManagement Strategy and Annual Investment Strategy or the Treasury Management PolicyStatement & Practices have not been complied with.

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CONSTITUTION

PART 4

5. CONTRACT PROCEDURE RULES

1. INTRODUCTION1.1 The Contract Procedure Rules define the regulatory and legal framework for

procurement. It has been adopted in accordance with the requirements of Section135 (2) of the Local Government Act 1972. For the purposes of these Rules, theCouncil includes the Committees, Sub-Committees, Working Parties or other body orperson(s) acting in accordance with delegated authority on behalf or the Council.

1.2 All procurements, commissioning, hire, rental or lease or sales (subject to 1.3) madeby or on behalf of the Council, shall comply with these Rules. This covers: land and buildings, roads or other infrastructure; vehicles or plant; equipment, furniture and fittings; construction and engineering works; information and communication technology - hardware and software; goods, materials and services; repairs and maintenance; and consultants, agents and professional services.

1.3 The Rules apply to the sale of assets (with the exception of the sale of land/ orinterests in land – such as covenants or easements) and goods by the Council wherethe appropriate Head of Service estimates that the assets, goods or services to besold exceed £1000.

1.4 Throughout these Rules, reference to Contractor(s) or sub-Contractor(s) shall meanany person, company or supplier who has:requested to be on an approved or ad-hoc approved list of tenderers;been approached to provide a quotation or tender;provided a quotation or tender; orbeen awarded a contract in accordance with the provisions of these Rules.

1.5 The Head of Legal & Democratic shall annually review all the financial valuescontained in the Rules to take account of the impact of inflation SAVE in relation toEuropean contract values, these shall be reported and any appropriate limitschanged, on or around the 1 January of each year if increased, in accordance withEuropean Council Regulations.

2. REPORTING PROCEDURES AND EU COMPLIANCE2.1 EU Procurement Directives require the Council to report procurements likely to

exceed EU thresholds, both at the start of the year and on an ad-hoc basis as new orchanged requirements arise. The EU thresholds are:

Threshold Supplies Services Works

£(Euros) £ 173,934

(€200,000)£ 173,934(€200,000)

£ 4,348,350(€5,000,000)

(Thresholds as at 1 Jan 2012)

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2.2 End of Year ReportingThe Department of Communities and Local Government seeks a report each yearfrom all Councils regarding contracts awarded through OJEU during the previousyear. By the 30 April of each year, Authorised Officers for a contract (“AuthorisedOfficer”) shall provide confirmation to the Head of Legal & Democratic Services withthe following details for contracts placed through OJEU procedures - Common Procurement Vocabulary (CPV) Rules. The CPV is a standardised

single classification system for public procurement to identify the subject of acontract and is detailed on the OJEU notice;

Service Provider (Contractor) Nationality; Award Procedure (from the OJEU notice); Justifications if Negotiated procedure; and Value.

3. CONTRACTS RECORD3.1 In accordance with Government requirements to publish Contracts and Tenders with

a value of £500 and above monthly, Heads of Service shall (and shall ensure thattheir Officers) complete the Contract Register Form and forward this to LegalServices for: all contracts completed over £ 500; all procurements where the Council is obliged, under these Rules to tender the

Contract (see Rule 5.5).Officers are required to send all Contracts above £5000 for signature / seal LegalServices as per Rule 10.4. Legal Services will retain the original copy of any contractthat has been signed/ sealed.

4. METHODS OF ORDERING4.1 All orders shall be placed through one of the following recognised methods -

A Procurement/ Purchase Card Order.A Manual Purchase Order.

4.2 Where there is an exception requirement and the Chief Executive/ Deputy ChiefExecutive or Head of Service considers that the work is of an emergency nature andnecessary to enable the service to continue, and none of the ordering methods aresuitable, the Authorised Officer (Chief Executive/ Deputy Chief Executive or Head ofService) shall record the details of the exceptional requirement and the action takenfor future Audit. Copies of any exception records should be forwarded to the Head ofLegal & Democratic Services for record purposes.

5. ‘VALUE FOR MONEY’ AND ANY PROCUREMENT STRATEGY AIMS2

5.1 The Council seeks value for money in all procurement activity. This means: The opportunity to obtain leverage (better prices and service) for volume. Regulatory compliance. Transparent and efficient procurement processes. Appropriate social, environmental and equality outcomes. Minimum procurement overhead.

5.2 Sourcing policy is determined in the following order:

Up to £5,000:(a) District – based sourcing where practicable, for contracts with an estimated

value of up to £5,000.

2 See Procurement Strategy

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£5,001 and above:(b) Framework contracts and any adopted catalogues. An adopted catalogue or

framework is the preferred contract for the Council’s business within a definedcategory (a type or group of goods or services).

(c) Collaborative procurements with other public bodies or authorities.(d) The Council’s procurement of goods and services in accordance with these

Rules.

5.3 Any procurement estimated to exceed £50,000 which is not covered by theexceptions in Rule 5.8 below, must be referred to Legal Services before theprocurement process is commenced. The discussion will cover: Scope and objectives of the procurement; Budget and costing; Tender methods; Timescales; and Deliverables3.

5.4 Where there is no adopted contract or framework, Officers shall seek to secure thelowest costs through the procurement process. The Council nevertheless wishes tobalance the effort of going to the market with the effort and efficiency of theprocurement. After determining the proposed contract’s total value, Officers shall thenfollow one of the procurement procedures detailed below. These procedures shall beused in all procurements or sales, apart from those exceptions at Rule 5.7.

Estimated Total Value of Procurement RequirementUp to £1,000 Estimates or offers shall be obtained and

recorded to ensure the Head of Service hasobtained value for money.

£1001 - £5,000 At least 3 written quotations or offers shall beinvited (email or paper), unless the Head ofService has complied in full with Rule 6.1(e)of these Rules.

£5,001 to £50,000 At least 3 formal ie competitive writtenquotations or offers shall be invited, unlessthe Head of Service has complied in full withRule 6.1(e) of these Rules.

Officers must use the Council’s StandardTerms and Conditions4 – changes or use ofanother contract form only with agreement ofHead of Legal & Democratic.

£50,001 to European Union ProcurementThreshold specified in Rule 2.1

Unless using 5.2(a) Competitive Tendersshall be obtained using one of the tenderingoptions in this Rules.

Officers must use the Council’s StandardTerms and Conditions5 –. changes or use ofanother contract form only with agreement ofHead of Legal & Democratic.

3 Theproposed outcome of the procurement that needs to be delivered.4 See intranet5 See intranet

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Above the EU Threshold specified in Rule2.1

The appropriate EU procurement directive/Regulations shall be complied with.6

Officers must use the Council’s StandardTerms and Conditions7 – changes only withagreement of Head of Legal & Democratic oradvise that an alternative Contract form ismore appropriate.

5.5 Total value is the cost of all elements of the procurement (eg: installation, testing,training, maintenance, etc). The Chief Executive/ Deputy Chief Executive or Head ofService involved in the procurement shall ensure that a procurement is not split orotherwise disaggregated and may choose to competitively tender if the value is lessthan £50,000.

5.6 Achieving value for money needs effective competition and this is dependant on theexistence of an ‘open’ market with the selected Contractors having the interest,capability and capacity for the work or business being offered. Wherever possible aminimum of three competitive tenders or quotations shall be sought. In selectingContractors to provide a tender or quotation the Authorised Officers shall ensure thatwherever possible: the selection process they are using is fair and equitable, and that no

favouritism is shown to any one Contractor (eg the requirement is not anextract of a Contractor’s product specification).

checks are made to ensure that Contractors are interested in this type ofbusiness.

repeat or ‘automatic’ invitations to the ‘same’ Contractor or group ofContractors are avoided, particularly where previously invited to bid and hadfailed to do so.

‘new’ Contractors are sought and invited to tender or quote. the geographic area of the search for potential Contractors is widened. ‘no-bids’ are checked for the reasons for a Contractor’s failure to bid.

5.7 ExceptionsNothing in these Rules shall require tenders to be sought: -(a) for purchases made from a Purchasing Agent (eg ESPO, OGC Buying

Solutions): where there is a single supplier 'call-off contract' or catalogue created

with fixed prices (eg a Direct Supply catalogue), or where there is a multi-supplier framework and further competition has

been undertaken through competitive quotes.(b) for purchases through local authority, government body or agency, police,

health or other similar public authority, where the procurement rules of thatorganisation have been formally approved and the contract is created in co-operation, agreed joint requirements or partnership.

(c) for purchases made at public auction;(d) where the relevant Chief Executive/ Deputy Chief Executive or Head of

Service - considers that the work is of an emergency nature or is necessary to

enable the service to continue; or with the Head of Finance’s agreement, considers that it is in the

Council’s best interest in negotiating a further contract for works,supplies or services of a similar nature with a Contractor who iscurrently undertaking such work. The relevant Chief Executive/ DeputyChief Executive or Head of Service shall report details of all work

6 Part A and Part B Service procedures to be dealt with as per the relevant procurement Regulations7 See intranet

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awarded to the Head of Legal & Democratic Services who shall detailretain this record for inspection. However, no exemption under 5.7(d)can be claimed, where the total value of the contract is above therelevant European Threshold limit.

6. TENDER AND FORMAL QUOTATION PROCEDURES6.1 Tendering and Formal Quotation Options

Officers shall select one of the following procedures. In selecting Contractors toinvite to tender Officers shall comply with Rule 5.6.

Option Requirement(a) Quotations £1000 to £5000, quotations shall be sought from Contractors

within the District if practicable. A Request to Quote (RFQ) issent for procurement with a value of between £5,001 - £50,000.

(b) Framework Dependent on estimated total value of the procurement specifiedunder Rule 5.4., Contractors on the framework (or lot if split intolots) shall be invited to tender/quote. This means that if the valueis up to £50,000, then three Contractors, and above that limit,ALL Contractors on the framework (or relevant lot) should becontacted. No public notice is required and any general Terms& Conditions are set in the original framework contract should beused. Additional Terms & Conditions specific to the requirementmay be permitted. Vetting (Rule 6.3) is not normally required asthe Contractor was vetted as part of the original frameworkcompetition.

(c) Open Tenders andQuotations with anaggregate value of£50,001 and aboveto EU threshold

Notice can be given in one or more newspapers and/or in anappropriate trade journal and must be placed on the Council’swebsite. The notice shall state the nature and purpose of thecontract, where further information and documentation can beobtained, and state the closing date for the process.

An Invitation to Tender (ITT) should be sent to all Contractorsexpressing an interest. All ITTs shall include shall include anappropriate questionnaire to permit vetting of Contractors inaccordance with Rule 6.3 of these Rules.

(d) Restricted Tenders& Quotations

The requirement to advertise is the same as Rule 6.1(c) above.ITTs are restricted to a shortlist of Contractors selected aftervetting in accordance with Rule 6.3 of these Rules.

(e) Single Tenders /Quotations with anaggregate value of£50,001 and aboveto EU threshold

The Chief Executive/ Deputy Chief Executive or a Head ofService after consulting the Head of Legal & DemocraticServices may obtain a single tender when:

• Prices are wholly controlled by trade organisations orgovernment order and no reasonably satisfactory alternative isavailable.

• Work to be executed or goods, services or materials to besupplied consist of repairs to or the supply of parts of existingproprietary machinery, equipment, hardware or plant and therepairs or the supply of parts cannot be carried out practicablyby alternative Contractors.

• Specialist consultants, agents or professional advisers arerequired and:

there is no satisfactory alternative; or

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[e continued] evidence indicates that there is likely to be no genuinecompetition; or

it is in the Council’s best interest to engage a particularconsultant, agent or adviser.

Products are sold at a fixed price, and market conditionsmake genuine competition impossible.

• The proposed contract shall form part of a serial/ repeatprogramme. The contract terms shall be negotiated with aContractor, using as a basis for negotiation the rates andprices contained in an initial contract that was awardedfollowing a competitive tendering process (no more than 2years previously) so long as it complied with the ContractProcedure Rules in force at that time. No more than two serialcontracts.

• No satisfactory alternative is available. If the Single Tenderoption is used, the Head of Service shall: notify the Head of Legal & Democratic Services; retain records that demonstrate that the best price or

value for money has been obtained from the clarificationwith the Contractor.

6.2 Invitations To Tenders and Requests for QuotationsAll Officers shall ensure that all ITTs and RFQs include:(a) approved contract terms in accordance with Rule 10 (which include anti-fraud

and relevant equalities clause(s));(b) a statement regarding Freedom of Information Act 2000 (FOIA) compliance:

“All information supplied to the Authority will be subject to the provisions of theFreedom of Information Act 2000 and as such may be disclosed by theAuthority when required to do so under the Act. When such disclosure isnecessary the Authority shall use reasonable endeavours to consult with theprovider of the information prior to disclosure”.

6.3 Vetting & Selection Criteria(a) Officers shall undertake sufficient vetting to ensure that all Contractors -

comply with minimum standards of Insurance;have the necessary Health & Safety policy and performance and (where

applicable) membership of the Contractor's Health and Safety Scheme orequivalent health and safety standard;

are financial viability;have environmental policy (if appropriate);comply with equalities legislation and policy; andpossess the experience and capacity required.

6.4 Evaluation CriteriaAll formal quotations or tenders that are being sought shall:(a) be based on a definite written specification, which shall include environmental

performance (where relevant to the requirement) including:low energy and water consumption.elimination of substances hazardous to health and the environment.

(b) include award criteria, which if it is not to be the lowest price, then the MostEconomically Advantage criteria shall be agreed by the Chief Executive/Deputy Chief Executive or Head of Service and included in the tender.

(c) include specific weightings applied to individual award criteria.(d) if appropriate, include a requirement for a performance bond and liquidated

damages.

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7. SUB-CONTRACTS AND NOMINATED SUPPLIERS7.1 Quotations or tenders for sub-contracts to be performed or for goods, services or

materials to be supplied by nominated sub-Contractors shall only be invited by amain Contractor, with the consent of the Council and in accordance with these Rules.

7.2 The relevant Chief Executive/ Deputy Chief Executive or Head of Service (orAuthorised Officer for the purposes of a contract) is authorised to consent to thenomination of a sub-contract by a main Contractor whose quotation or tender hasbeen obtained in full accordance with these Rules.

8. RECEIPT AND OPENING OF TENDERS AND QUOTATIONS8.1 Where tenders are invited in accordance with these Rules, they will not be

considered unless it is contained in a plain green Council provided envelope whichshall be securely sealed and shall bear the word “Tender” Unique Reference Number(URN) followed by the subject to which it relates and addressed to the AuthorisedOfficer.

8.2 Further to Rule 9.1 above the envelope shall not bear any distinguishing matter ormark intended to indicate the identity of the sender. Contractors shall be notifiedaccordingly. Such envelope shall be addressed impersonally to the AuthorisedOfficer (as detailed in the tender/ quotation documentation).

8.3 All envelopes or e-mails received shall be kept securely and shall not be opened oraccessed until the time appointed for their opening.

8.4 All tenders or formal quotations invited in accordance with these Rules shall beopened after the date and time detailed in the tender/ RFQ, one at a time and - in the case of tenders, they shall be opened by the Officer for the Contract or

an Officers nominated by him/ her, a Democratic Services Officer and a LegalOfficer (at a pre-organised tender opening meeting); and

in the case of quotations, by the Chief Executive/ Deputy Chief Executive orappropriate Head of Service and/or his or her nominee(s) and one otherofficer.

8.5 All tenders shall be recorded in writing upon opening under Rule 8.4, on the tenderopening record (the Register of Tenders), as is appropriate. The format of theopening record shall have been previously agreed with the Head of Legal &Democratic Services. The Form of Tender and any accompanying documentationshall be marked with the date of opening, and signed by all Officers present at theopening. All the Officers present at the opening shall sign the tender opening record.

8.6 Any tenders or quotations received after the specified time shall be disqualified. TheAuthorised Officer shall return the late tender or quotation promptly to the Contractor.The tender or quotation may be opened to ascertain the name of the Contractor anda note taken that this has been returned, but no details of the tender or quotationshall be noted.

8.7 The original Tender opening record shall be retained by the Head of Legal &Democratic Services in respect of tenders, and the Authorised Officer shall retain thequotations record.

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8.8 Responses to pre-qualification questionnaires (PQQs) are not deemed to be tendersand should be returned to the Council, either via hard copy or electronically, to theAuthorised Officer with responsibility for the proposed contract.

9. ACCEPTANCE OF TENDERS AND QUOTATIONS9.1 The Authorised Officer, in conjunction with their Head of Service, shall evaluate all

the tenders or quotations received in accordance with the award criteria set out in thebid documentation and can accept those quotations or budgets received that arewithin the their Service areas approved budget, on the basis that they are -the lowest priced tender or quotation; orthe most economically advantageous tender or quotation, as evaluated against

the award criteria.

9.2 Tenders or quotations exceeding the approved budget may only be accepted if theAuthorised Officer has sought approval for the further expenditure from the Finance& Governance Committee (or in case of urgency, having consulted with theChairman or Vice-Chairman of that Committee).

9.3 A tender or quotation shall not be accepted -(a) where payment is to be made by the Council and -

it is not the lowest priced tender or quotation, or the most economically advantageous tender or quotation in accordance

with the award criteria set out in the tender or quotation documentation;or

(b) if payment is to be received by the Council: if the tender or quotation is not thehighest price or value that could be obtained;

unless the Chairman of Finance & Governance Committee has been consulted byway of a written report, setting out the reasons for the proposed acceptance andsuch consultation decision is detailed in writing.

9.4 Where post-tender clarification have been undertaken in accordance with Rule 9.5below, the Authorised Officer shall only accept the lowest priced / or mosteconomically advantageous tender received, unless this is a below the EU OJEUlimit and the Chairman of Finance & Governance Committee has been consulted byway of a written report, setting out the reasons for the proposed acceptance andsuch consultation decision is detailed in writing.

9.5. Arithmetical Errors and Post-Tender Clarification:(a) Contractors can alter their tenders or quotations after the date specified for

their receipt but before the acceptance of the tender or quotation, whereexamination of the tender or quotation documents reveals arithmetical errorsor discrepancies which affect the tender or quotation figure. The Contractorshall be given details of all such errors or discrepancies and afforded anopportunity of confirming, amending or withdrawing his offer.

(b) In evaluating tenders, the Authorised Officer (on instruction of their Head ofService) may invite one or more Contractors who have submitted a tender, tosubmit a revised offer following post-tender clarification.

(c) All post-tender clarification shall - only be undertaken where permitted by law and where the appropriate

Head of Service, Head of Legal & Democratic Services and Head ofFinance consider additional financial or other benefits may be obtainedwhich over the period of the contract shall exceed the cost of the post-tender clarification process;

be conducted by an Officers or Third Party Consultant/ Agent approvedin writing by the appropriate Head of Service, Head of Legal &Democratic Services and Head of Finance;

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be conducted in accordance with any guidance issued by the Head ofLegal & Democratic Services; and

not disclose commercially sensitive information supplied by other biddersfor the contract.

(d) Post-tender clarification shall not be used to degrade the original specificationunless the capital or revenue budget is exceeded, or the Chief Executive/Deputy Chief Executive or appropriate Head of Service considers other specialcircumstances exist, in which case all those Contractors who originallysubmitted a tender shall be given the opportunity to re-tender.

(e) The Authorised Officer and appropriate Head of Service shall ensure that allpost-tender clarification meetings are properly minuted with all savings andbenefits offered clearly costed. Following clarification but before the letting ofthe contract, amendments to the original tender submitted shall be put inwriting by the Contractor(s) and shall be signed by him.

10. CONTRACT DOCUMENTS10.1 For all procurements above the EC threshold, a statutory minimum “standstill” period

of 10 calendar days is required where notification of award of contract is delivered tothe relevant tenderers by facsimile or electronic means, or 15 calendar days if sentby other means, from the date that the decision is issued (to end at midnight on day10 or 15 as applicable) to allow contractors an opportunity to challenge the decision.The Authorised Officer should not undertake any action in relation to the contractduring this time, other than respond to relevant queries from tenderers

10.2 Every contract or orders placed that exceeds £5,000 shall be on the Council’s Termsand Conditions (T&Cs), or if agreed by the Head of Legal & Democratic Services, ona standards contract (such as those offered by JCT). The Authorised Officers shallnot use Contractor’s documentation to order, acknowledge, instruct to proceed ormake any other commitment where the documentation makes any reference to theContractor’s T&Cs, without the agreement of the Head of Legal & DemocraticServices. Where a Contractor formally insists on trading on T&Cs other than theCouncil’s T&Cs, the Head of Legal & Democratic Services shall be informed andagree, except - (for the sake of clarify) Any contract where the estimated total value is likely to

be less than £5,000, in all other cases Rule 10.3 shall apply. Any framework or contract formally adopted by the Council. Purchasing Agency (eg ESPO, OGC Buying Solutions) arranged contracts

and orders. Orders for software where the licence is for ‘standard’ product but not where

customisation, development or on-site service is required for the ‘standard’product.

10.3 Officers shall ensure that advice on the form of contract is sought from the Head ofLegal & Democratic Services as early as practicable (normally before the issue of anformal RFQ or Tender, so that the T&Cs or appropriate standard contract can beincluded with these document and sent to potential Contractors).

10.4 Anti-bribery and corruption: the terms set out under Rule 20.2 shall be a condition ofevery written contract.

10.5 Liquidated damages: Any contract with an aggregate value of £100,000 for works, orfor the supply of goods or materials by a particular date or series of dates, shallprovide for liquidated damages. The amount to be specified in each such contractshall be determined by the Authorised Officer in consultation with the Head of Legal &Democratic Services.

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10.6 Performance Bonds/ Parent Company Guarantee: In the case of any contract for theexecution of works or for the supply of goods, services or materials above £100,000,the Authorised Officer shall, after consulting with the Head of Finance (or in herabsence the Head of Legal & Democratic Services) consider whether the Councilshould require security for its due performance and shall either certify that no suchsecurity is necessary or shall set out in the specification of tender the nature andamount of the security to be given. In the latter event, the Council shall require andtake a Performance bond or other sufficient security (such as a Parent CompanyGuarantee) for the due performance of the contract. Where contract payment is inarrears and a reasonable retention of at least 10% of the contract price is applied,Performance bonds will not usually be required.

10.7 Legal Services shall finalise/ review all contracts above £5000. All contracts above£5000 (or where the Authorised Officer has used the Council’s T&Cs for below thisamount) must be signed/ and sealed (as appropriate) by the Head of Legal &Democratic Services, or Principal Solicitor or the Chief Executive. Once signed by theContractor, all original documents, including specifications, drawings, tenderdocuments and correspondence relating to a contract shall be retained by the Headof Legal & Democratic Services. Authorised Officers should then complete theContract Register Form and forward this to Legal Services for publishing on theCouncil’s website, as per Rule 3.1.

11. LETTERS OF INTENT11.1 Letters of intent provide a Contractor with the authority to proceed prior to the award

of a contract and should only be provided in exceptional circumstances and only forthose contracts with a total value below relevant EU OJEU limits (see Rule 2.1).Before considering whether to use a letter of Intent, Authorised Officers mustconsider the two main disadvantages:-(a) if the contract is not awarded the Contractor is entitled to payment regardless

as to whether the work was actually needed;(b) the Council’s negotiating position is weakened as the Contractor may believe

actual award of contract is a formality and therefore, the Contractor mayrefuse to accept conditions that are seen as disadvantageous.

11.2 The Authorised Officer shall therefore only issue such letters, on the provisos set outunder 11.1 and providing:(a) all letters of intent are in a form approved by Head of Legal & Democratic

Services; and(b) all letters of intent are signed by the relevant contract area’s Head of Service.

12. RETENTION OF CONTRACT DOCUMENTS12.1 Contract documentation will be retained by Legal & Democratic Services in

accordance with retention periods, that are dictated by the Statute of Limitations and(where applicable) EU requirements.

13. VARIATION/ EXTENSION OF EXISTING CONTRACTS13.1 An Authorised Officer (on instruction of the Head of the contract Service area

concerned) may, in consultation with the Chairman (or the Vice Chairman) of theFinance & Governance Committee vary the original price of any existing contract byup to 10% of the original tender price provided that all such variations shall bereported in full to the next available Finance & Governance Committee.

13.2 The Finance & Governance Committee must approve variations of contract price over10% of the original tender price.

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13.3 The Authorised Officer, in consultation with the Chief Executive, may extend acontract subject to the extension being within the scope of the original scheme.

13.4 SAVE that in all cases, if the original contract was subject to the EU procurementregulations, the contract can only be extended within the parameters identified in theoriginal EU OJEU notice, or if the notice explicitly contained provision for anextension.

13.5 No other variations may be made to any existing contract save as may be providedabove and Rules 13.1-13.2 do not authorise pre - or post clarification, which are to bedealt with in accordance with Rule 9.6.

14. POST CONTRACT MANAGEMENT/ MONITORING14.1 During the life of the Contract, the Authorised Officer must monitor the performance

of the contract and specifically consider:(a) compliance with specifications;(b) cost and value;(c) user satisfaction and risk management.(d) Where appropriate, and Authorised Officer may be required to prepare a

report for the relevant service area’s Committee or Finance & GovernanceCommittee on the above matters, although this will usually be towards the endof the contract, and as part of the consideration for the re-tendering for thecontract.

15. FREEDOM OF INFORMATION ACT 2000 (FOIA)/ ENVIRONMENTALINFORMATION REGULATIONS 2005 (EIR)

15.1 The Chief Executive/ Deputy Chief Executive or Heads of Sections shall ensure thatthe handling of requests for procurement information is in accordance with theGuidance for Staff and Members.

16. CONSULTANTS16.1 It shall be a condition of the engagement of any consultant, agent or professional

adviser who is to be responsible to the Council for the management or supervision ofa contract on its behalf, that in relation to that contract he shall - comply with these Rules as though he was an employee of the Council; at any time during the carrying out of the contract shall, on request, produce all

the records maintained in relation to the contract; and on completion of the contract transmit all records that he has produced or

received that relate to the contract to the appropriate Authorised Officer/Headof Service.

17. PROCUREMENT TRAINING17.1 Heads of Service shall ensure that all Officers routinely undertaking purchasing or

procurement duties have undertaken appropriate training.

17.2 The Head of HR & facilities Management shall arrange to record the details of staffthat have completed suitable procurement training.

18. CLAIMS18.1 Claims from or against any contractor must be referred immediately to the Chief

Executive, the Head of Legal & Democratic Services and the Head of Finance fordetermination of appropriate action.

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19. LOCAL GOVERNMENT LEGISLATION19.1 Nothing in these Procedure Rules shall prejudice or limit in any way: -

(a) Any powers, duties or obligations of any officer created by the LocalGovernment Act 1972 or any other amending, substituting or replacementlegislation.

(b) Any legislation (including subordinate legislation) or decision of any court ofcompetent jurisdiction regulating or governing the conduct of business orfinancial affairs of the council or of local authorities generally.

20. BRIBERY & CORRUPTION20.1 Council employees must comply with the Code of Conduct and the Council’s Anti-

Fraud and Corruption Policy. Employees must not invite or accept any gift or rewardin respect of the award or performance of any contract. High standards of conduct areobligatory. Corrupt behaviour will lead to disciplinary action and may be an offenceunder the legislation referred to in Rule 20.2 below.

20.2 The following clause must be put in every written Council contract:" The Purchaser (the Council) may terminate the Agreement and recover all of its lossif the Contractor, its employees or anyone acting on the Contractor’s behalf do any ofthe following things:(a) offer, give or agree to give to anyone any inducement or reward in respect of

this or any other Purchaser contract;(b) commit an offence under Section 117(2) of the Local Government Act 1972 or

Bribery Act 2010; and/or(c) commit any fraud in connection with this or any other Purchaser contract

whether alone or in conjunction with Members or employees of the Purchaser.Any clause limiting the Contractor's liability shall not apply to this clause.”

21 BREACHES OF CONTRACT PROCEDURE RULES21.1 Any breach of any of these Contract Procedure Rules must be reported immediately

to the Chief Executive, Head of Legal & Democratic Services and Head of Financeand no further action taken on the contract in question until the Authorising Officerhas been advised to do so.

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CONSTITUTION

PART 4

6. OFFICER EMPLOYMENT PROCEDURE RULES

1. Declaration and support for appointments

(a) Declarations

(i) The Council requires any candidate for appointment as an officer tostate in writing whether they are the parent, grandparent, partner,child, stepchild, adopted child, grandchild, brother, sister, uncle, aunt,nephew or niece of an existing councillor or officer of the Council; or ofthe partner of such persons.

(ii) No candidate so related to a Councillor or an officer will be appointedwithout the authority of the relevant chief officer or an officernominated by him/her.

(b) Seeking support for appointment

(i) The Council will disqualify any applicant who directly or indirectlyseeks the support of any Councillor for any appointment with theCouncil. The content of this paragraph will be included in anyrecruitment information.

(ii) No Councillor will seek support for any person for any appointmentwith the Council.

2. Appointment, disciplinary action or dismissal of Officers

2.1 In these Rules—

“the 1989 Act” means the Local Government and Housing Act 1989;

“disciplinary action” has the same meaning as in the Local Authorities (StandingOrders) (England) Regulations 2001; and

“member of staff” means a person appointed to or holding a paid office oremployment under the authority.

2.2 Where the Council proposes to appoint a chief officer and it is not proposed that theappointment be made exclusively from among their existing officers, the Councilwill:

(a) draw up a statement specifying:(i) the duties of the officer concerned; and(ii) any qualifications or qualities to be sought in the person to be

appointed;

(b) make arrangements for the post to be advertised in such a way as is likely tobring it to the attention of persons who are qualified to apply for it; and

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(c) make arrangements for a copy of the statement mentioned in paragraph (1) tobe sent to any person on request.

3. Subject to Rules 7 – 9, the function of appointment and dismissal of, and takingdisciplinary action against, a member of staff of the authority must be discharged, onbehalf of the authority, by the officer designated under section 4(1) of the 1989 Act(designation and reports of Head of paid service), and in accordance with theCouncil’s relevant Policies8, as the Head of paid service or by an officer nominated byhim.

4. Rule 3 shall not apply to the appointment or dismissal of, or disciplinary actionagainst—

(a) the officer designated as the Head of paid service; or

(b) a statutory chief officer the Chief Finance Officer and Monitoring Officer orany others within the meaning of section 2(6) of the 1989 Act.

5. Appointment of Head of paid service

Where a Committee, Sub-Committee or officer is discharging, on behalf of theauthority, the function of the appointment or dismissal of an officer designated as theHead of the authority's paid service, the authority must approve that appointmentbefore an offer of appointment is made to him or, as the case may be, must approvethat dismissal before notice of dismissal is given to him (in the latter case, onlyhaving followed Rule 9 below).

6. Nothing in Rule 5 shall prevent a person from serving as a member of any Committeeor Sub-Committee established by the authority to consider an appeal by—

(a) another person against any decision relating to the appointment of that otherperson as a member of staff of the authority; or

(b) a member of staff of the authority against any decision relating to thedismissal of, or taking disciplinary action against, that member of staff.

7. Appointment of Statutory Chief Officers

Appointment of the Chief Finance Officer and Monitoring Officer (or other ChiefStatutory Officers as defined9, as may supplement or term replacing the same) shallbe by Council on recommendation of the Head of paid service or his/ her nominee.

8. Other appointments(a) Appointment of other Chief officers and deputy Chief Officers/ Heads is

the responsibility of the Head of paid service or his/her nominee.

(b) Officers below deputy chief officer. Appointment of officers below deputychief officer (other than assistants to political groups) is the responsibility ofthe Head of paid service or his/her nominee.

(c) Assistants to political groups. Appointment of an assistant to a politicalgroup shall be made in accordance with the wishes of that political group.

8 See Key documents9 Under the Local Government & Housing Act paragraph (a), (c) or (d) of section 2(6), per Local Government (Standing OrderRegulations 1993 No 202 as amended; & 2001 No 3384 as amended

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9. Disciplinary action

No disciplinary action in respect of the Head of paid service, its Monitoring Officer orits Chief Finance Officer, except action described in Rule 9 (a) – (b) below, may betaken by the authority, or by a Committee, a Sub-Committee, a Joint Committee onwhich the authority is represented or any other person acting on behalf of theauthority, other than:

(a) Suspension: the Officer may be suspended whilst an investigation takesplace into alleged misconduct. That suspension will be on full pay and last nolonger than two months.

(b) A designated Independent person10 shall be appointed to undertake aninvestigation into alleged misconduct and no other disciplinary action may betaken in respect of any of those Officers except in accordance with arecommendation in a report made by a designated independent person.

(c) Councillors will not be involved in the disciplinary action against any officerbelow deputy chief officer except where such involvement is necessary forany investigation or inquiry into alleged misconduct, though the Council'sdisciplinary, capability and related procedures, as adopted from time to timemay allow a right of appeal to Members in respect of disciplinary action.

10. Dismissal

Councillors will not be involved in the dismissal of any officer below statutory ChiefOfficer except where such involvement is necessary for any investigation or inquiryinto alleged misconduct, though the Council's disciplinary, capability and relatedprocedures, as adopted from time to time may allow a right of appeal to Members inrespect of dismissals, or any right of appeal referred to in 9(c) above.

10As defined under Regulation 7 Regulations 2001 no 3384, or any other statutory definition replacing the same

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EAST CAMBRIDGESHIRE DISTRICT COUNCILCONSTITUTION

PART 4

7. ANTI-FRAUD AND CORRUPTION STRATEGY

1.0 INTRODUCTION

1.1 Good Corporate Governance requires that the Council must demonstrate that it isfirmly committed to dealing with fraud and corruption and will deal equally withperpetrators both from inside and outside the Council. There will be no distinctionmade in investigation and action between cases that generate financial benefits andthose that do not. This strategy will not compromise any Equalities legislation or anyassociated Council policies.

1.2 In addition by minimising losses through fraud it ensures that the scarce resourcesavailable are used for the purposes they were intended for i.e. to support the deliveryof the Council’s objectives as set out in the Corporate Plan.

1.3 This strategy document embodies a series of measures designed to frustrate anyattempted fraudulent or corrupt act and the steps to be taken if such an act occurs.For ease of understanding, it is separated into five areas:

Culture Section 2

Prevention Section 3

Deterrence Section 4

Detection and investigation Section 5

Awareness and training Section 6

1.4 The Council is also aware of the high degree of external scrutiny of its affairs by avariety of bodies such as the Audit Commission, inspection bodies, the LocalGovernment Ombudsman, HM Revenue and Customs. These bodies are importantin highlighting any areas where improvements can be made.

1.5 Fraud is defined by the Audit Commission as “the intentional distortion of financialstatements or other records by persons internal or external to the Council which iscarried out to conceal the misappropriation of assets or otherwise for gain”.

In addition, fraud can also be defined as “the intentional distortion of financialstatements or other records by persons internal or external to the Council, which iscarried out to mislead or misrepresent”.

The Fraud Act 2006 which came into effect on 15th January 2007 created a newgeneral offence of fraud with three ways of committing it: -

Fraud by false representation Fraud by failing to disclose information Fraud by abuse of position

It also created new offences of: -

Obtaining services dishonestly

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Possessing, making and supplying articles for use in frauds Fraudulent trading applicable to non-corporate traders

Corruption is defined by the Audit Commission as “the offering, giving, soliciting oracceptance of an inducement or reward which may influence the action of anyperson”.

In addition, this strategy covers “the failure to disclose an interest in order to gainfinancial or other pecuniary benefit.”

1.6 The Council also abides by the provisions of the Bribery Act 2010. The Council’sPolicy Statement covering the Bribery Act is included as an Appendix to thisStrategy.

2.0 CULTURE

2.1 The culture of the Council has always been one of openness and the core values offairness; trust and value support this. The Council’s culture therefore supports theopposition to fraud and corruption.

2.2 The prevention/detection of fraud and corruption and the protection of the publicpurse are everyone’s responsibility.

2.3 The Council’s elected Members and employees play an important role in creating andmaintaining this culture. They are positively encouraged to raise concerns regardingfraud and corruption, immaterial of seniority, rank or status, in the knowledge thatsuch concerns will, wherever possible, be treated in confidence.

2.4 Concerns must be raised when Members or employees reasonably believe that oneor more of the following has occurred, is in the process of occurring or is likely tooccur:

a criminal offence

a failure to comply with a statutory or legal obligation

improper unauthorised use of public or other funds

a miscarriage of justice

maladministration, misconduct or malpractice

endangering of an individual’s health and safety

damage to the environment

deliberate concealment of any of the above.

2.5 Concerns should be reported either to the Council’s Monitoring Officer or by usingthe Council’s Whistleblowing Policy. However, the Council will ensure that anyallegations received in any way, including by anonymous letters or phone calls, willbe taken seriously and investigated in an appropriate manner, subject to therequirements of the Human Rights Act 1998.

2.6 The Council will deal firmly with those who defraud the Council, or who are corrupt,or where there has been financial malpractice. There is, of course, a need to ensurethat any investigation process is not misused and, therefore, any abuse (such asemployees raising malicious allegations) may be dealt with as a disciplinary matter.

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2.7 When fraud or corruption have occurred because of a breakdown in the Council’ssystems or procedures, the Chief Executive/ Deputy Chief Executive and Heads ofService will ensure that appropriate improvements in systems of control areimplemented to prevent a reoccurrence.

3.0 PREVENTION

ELECTED MEMBERS

3.1 The Role of Elected Members

3.1.1 As elected representatives, all Members of the Council have a duty to citizensto protect the Council from all forms of abuse.

3.1.2 This is done through the anti-fraud and corruption strategy and compliancewith the Code of Conduct for Members, the provisions of the Council’sConstitution (including the Council’s Financial Regulations) and relevantlegislation.

3.1.3 Elected Members sign to the effect that they have read and understood theCode of Conduct when they take office. These conduct and ethical mattersare specifically brought to the attention of Members during induction andinclude the declaration and registration of interests. The Monitoring Officeradvises Members of new legislative or procedural requirements.

EMPLOYEES

3.2 The Role of Managers

3.2.1 Managers at all levels are responsible for the communication andimplementation of this strategy in their work area. They are also responsiblefor ensuring that their employees are aware of Financial Regulations and theprovisions of the Council’s Constitution, and that the requirements of each arebeing met in their everyday business activities. In addition, managers mustmake their employees aware of the requirements of the Employee Code ofConduct through the induction process.

3.2.2 Managers are expected to strive to create an environment in which their stafffeel able to approach them with any concerns they may have about suspectedirregularities. Where they are unsure of the procedures, they must refer to theinformation in the leaflet covering the Council’s Whistleblowing Policy.

3.2.3 Special arrangements will apply where employees are responsible for cashhandling or are in charge of financial systems and systems that generatepayments, for example payroll, and the creditor payments systems. Managersmust ensure that relevant training is provided for employees. Checks must becarried out at least annually to ensure that proper procedures are beingfollowed.

3.2.4 The Council recognises that a key preventative measure in dealing with fraudand corruption is for Managers to take effective steps at the recruitment stageto establish, as far as possible, the honesty and integrity of potentialemployees, whether for permanent, temporary or casual posts. The Council’s

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Recruitment & Selection Policy and Single Equality Scheme will be adhered toduring this process.

3.2.5 The Council has a formal recruitment procedure, which contains appropriatesafeguards on matters such as written references and verifying qualificationsheld. As with other public bodies, police checks are undertaken on employeesworking with children.

3.3 Responsibilities of Employees

3.3.1 Each employee is governed in their work by the provisions of the Council’sConstitution, the Financial Regulations and other codes of conduct andpolicies (e.g. Human Resources policies and procedures, the email andinternet code of practice, and Information Security Policy). They are alsogoverned by the Employee Code of Conduct. Included in the Code areguidelines on gifts and hospitality and codes of conduct associated withprofessional and personal conduct and conflicts of interest. These are issuedto all employees when they join the Council and are available on the Council’sintranet and website.

3.3.2 In addition to paragraph 3.3.1, employees are responsible for ensuring thatthey follow the instructions given to them by management, particularly inrelation to the safekeeping of the assets of the Council. These will be includedin induction training and procedure manuals.

3.3.3 Employees who hold professional, trade or other appropriate qualifications areexpected to comply with codes of conduct issued by the organisations ofwhich they are members.

3.3.4 Employees are expected always to be aware of the possibility that fraud,corruption, bribery or theft may exist in the workplace and be able to sharetheir concerns with management. If for any reason, they feel unable to speakto their manager they must refer the matter to one of those named inparagraph 3.3.5 below.

3.3.5 Concerns must be raised, in the first instance, directly with the supervisor ordirect line manager or, if necessary, anonymously (by letter or phone), and viaother routes, in accordance with the Council’s Whistleblowing Policy:

To senior managers, Heads of Service, the Chief Executive or DeputyChief Executive and in all cases to the Council’s Monitoring Officer whowill report such concerns to the Principal Auditor

directly to the Principal Auditor

to the External Auditor, who, depending upon the nature of the concern,will liaise with the Principal Auditor.

3.4 Conflicts of Interest

3.4.1 Both elected Members and employees must ensure that they avoid situationswhere there is a potential for a conflict of interest. Such situations can arisewith externalisation of services, internal tendering, planning and land issues,etc. Effective role separation will ensure decisions made are seen to be basedupon impartial advice and avoid questions about improper disclosure ofconfidential information.

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3.5 Official Guidance

3.5.1 In addition to Financial Regulations and the provisions of the Council’sConstitution, individual service areas may have their own procedures toprevent and detect fraud. There may also be audit reports that recommendmethods to minimise losses to the Council. Managers and employees mustbe made aware of these various sources of guidance and alter their workingpractices accordingly.

3.6 Role of Internal Audit

3.6.1 Under the Accounts and Audit Regulations 2011, the Council has theresponsibility for reviewing, appraising and reporting upon the extent to whichthe Council’s assets and interests are safeguarded from losses due to fraudand other offences; this function is performed by the Internal Audit section.Internal Audit investigates all cases of suspected irregularity, except benefitfraud investigations (see below), in accordance with the requirements of theHuman Rights Act 1998. They liaise with management to recommendchanges in procedures to prevent further losses to the Council.

3.7 The Role of the Anglia Revenues Partnership

3.7.1 The Anglia Revenues Partnership is responsible for all benefit fraudinvestigations, in accordance with the requirements of The Regulation ofInvestigatory Powers Act 2000, the Human Rights Act 1998 and it’s ownCounter-fraud Strategy and Policies. In cases where Council employees areinvolved, they will work with Internal Audit, Human Resources and appropriatesenior management to ensure that correct procedures are followed and thatthis strategy is adhered to.

3.8 The Role of External Audit

3.8.1 Independent external audit is an essential safeguard in the stewardship ofpublic money. This role is delivered through the carrying out of specificreviews that are designed to test (amongst other things) the adequacy of theCouncil’s financial systems, and arrangements for preventing and detectingfraud and corruption. The detection of fraud is not the primary role of theauditor, but it is to draw attention to the weaknesses or threats identified in thecourse of their duties to enable management to take appropriate action.

3.8.2 External auditors are always alert to the possibility of fraud and irregularity,and will act without undue delay if grounds for suspicion come to their notice.The external auditor has a responsibility to review the Council’s arrangementsto prevent and detect fraud and irregularity, and arrangements designed tolimit the opportunity for corrupt practices.

3.9 Co-operation with Others

3.9.1 Internal Audit has set up, and will keep under review, procedures andarrangements to develop and encourage the exchange of information onnational and local fraud and corruption activity in relation to local authoritieswith external agencies such as:

police

county, unitary and district groups

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external audit (The Audit Commission)

Benefits Agency

government departments.

4.0 DETERRENCE

4.1 Prosecution

4.1.1 The Anglia Revenues Partnership has adopted a benefits prosecution policyand the Council will review the need for a corporate policy. Such a corporatepolicy would encompass the public, elected members and employees, andwould be designed to clarify the Council’s action in specific cases and to deterothers from committing offences against the Council. However, it should alsorecognise that it may not always be in the public interest to refer cases forcriminal proceedings.

4.2 Disciplinary Action

4.2.1 Theft, fraud and corruption are serious offences against the Council andemployees will face disciplinary action if there is evidence that they have beeninvolved in these activities. Disciplinary action will be taken in addition to, orinstead of, criminal proceedings, depending on the circumstances of eachindividual case, but in a consistent manner, after consultation with the ChiefExecutive and the Deputy Chief Executive (The police will pass valid cases tothe Crown Prosecution Service).

4.2.2 Members will face appropriate action under this strategy if they are found tohave been involved in theft, fraud or corruption against the Council. Action willbe taken in addition to, or instead of, criminal proceedings, depending on thecircumstances of each individual case, but in a consistent manner includingpossible referral to the police

4.3 Publicity

4.3.1 The Council’s public relations unit will optimise the publicity opportunitiesassociated with anti-fraud and corruption activity within the Council. It will alsotry to ensure that the results of any action taken, including prosecutions, arereported in the media.

4.3.2 In all cases where financial loss to the Council has occurred, the Council willseek to recover the loss and advertise this fact. In addition to demonstratingthe action the Council takes, to prevent and detect fraud, it protects itself andthe services it provides against the results of fraud within the organisation byobtaining Fidelity Guarantee Insurance.

4.3.3 All anti-fraud and corruption activities, including the update of this strategy, willbe publicised in order to make the employees and the public aware of theCouncil’s commitment to taking action on fraud and corruption when it occurs.

4.3.4 Regular reports will be made to the Audit & Budget Monitoring Sub-Committeeabout counter fraud and corruption activities and their success.

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5.0 DETECTION AND INVESTIGATION

5.1 Internal Audit plays an important role in the detection of fraud and corruption.Included in their three-year plan are reviews of system financial controls and specificfraud and corruption tests, spot checks and unannounced visits.

5.2 In addition to Internal Audit, there are numerous systems controls in place to deterfraud and corruption, but it is often the vigilance of employees and members of thepublic that aids detection.

5.3 In some cases frauds are discovered by chance or ‘tip-off’ and arrangements are inplace to enable such information to be properly dealt with, in accordance with therequirements of the Human Rights Act 1998.

5.4 All suspected irregularities are required to be reported (verbally or in writing) either bythe person with whom the initial concern was raised or by the originator, as perparagraph 3.3.5 (the Council’s “whistle-blowing” policy). The Audit Commission willalso be notified of all frauds involving sums over £1,000 and any corrupt acts. This isessential to the strategy, and:

ensures the consistent treatment of information regarding fraud andcorruption

facilitates a proper and thorough investigation by an experienced audit team,in accordance with the requirements of the Human Rights Act 1998.

5.5 This process will apply to all the following areas:

a) fraud/corruption by elected membersb) internal fraud/corruptionc) other fraud/corruption by Council employeesd) fraud by contractors’ employeese) external fraud (the public).

5.6 Cases under a), d) and e) would normally be referred directly to the District Auditor,Ombudsman or the police.

5.7 If the initial investigation reveals that a full investigation is warranted the Council willfollow the procedures set out in its Disciplinary Policy.

5.8 Any decision to refer a matter to the police will be taken by the Chief Executive inconsultation with the Principal Auditor, Deputy Chief Executive, the relevant Head ofService, Head of Finance and the Monitoring Officer. The Council will normally wishthe police to be made aware of, and investigate independently, offenders wherefinancial impropriety is discovered.

5.9 Depending on the nature of an allegation under b) to e), the Internal Auditor willnormally work closely with the Chief Executive/ Deputy Chief Executive or Head ofService concerned and Head of Finance to ensure that all allegations are thoroughlyinvestigated and reported upon.

5.10 The processes as outlined in paragraph 4.2.2 will cover Members.

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6.0 AWARENESS AND TRAINING

6.1 The Council recognises that the continuing success of this Strategy and its generalcredibility will depend in part on the effectiveness of programmed training andawareness provided to elected Members and employees throughout the Council.

6.2 To facilitate this, positive and appropriate provision has been made via the inductionprogramme, staff development plans, the Core Brief and other staff briefings. Thisincludes specialist training for certain elected members and employees.

6.3 A leaflet on the Council’s Whistleblowing Policy is distributed to all employees andmembers, and full copies of all relevant policies and strategies are available on theCouncil’s Intranet.

7.0 CONCLUSION

7.1 The Council has always prided itself on setting and maintaining high standards and aculture of openness, with core values of fairness, trust and value. This Strategy fullysupports the Council’s desire to maintain an honest organisation, free from fraud andcorruption.

7.2 The Council has in place a network of systems, policies and procedures to assist it indealing with fraud and corruption when it occurs. It is determined that thesearrangements will keep pace with any future developments in techniques to bothprevent and detect fraudulent or corrupt activity that may affect its operation.

7.3 The Council will maintain a continuous review of all these systems and proceduresthrough Internal Audit. This Strategy will be reviewed periodically.

Appendix

BRIBERY ACT 2010 - POLICY STATEMENT

Bribery is a criminal offence. We (East Cambridgeshire District Council) do not, and will not,pay bribes or offer improper inducements to anyone for any purpose, neither do we or willwe, accept bribes or improper inducements.

To use a third party as a conduit to channel bribes to others is a criminal offence. We donot, and will not, engage indirectly in or otherwise encourage bribery.

We are committed to the prevention, deterrence and detection of bribery. We have a zero-tolerance towards bribery. We aim to maintain anti-bribery compliance “business as usual”rather than as a one-off exercise.

Objective of this policy

This policy statement provides a coherent and consistent framework to enable EastCambridgeshire District Council employees to understand and implement arrangements tocomply with the requirements of the Bribery Act 2010. In conjunction with other relatedpolicies and key documents it will also enable employees to identify and effectively report apotential breach.

We require that all employees, including those permanently employed, temporary agencystaff and contractors: -

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act honestly and with integrity at all times and to safeguard the Council’s resourcesfor which they are responsible

comply with the spirit, as well as the letter, of laws and regulations of all jurisdictionsin which the Council operates, in respect of the lawful and responsible conduct ofactivities

Scope of this policy

This policy applies to all of the Council’s activities. For partners, joint ventures andsuppliers, we will seek to promote the adoption of policies consistent with the principles setout in this policy.

Within the Council, the responsibility to control the risk of bribery occurring resides at alllevels of the Council. It does not rest solely within assurance functions, but in all servicearea and functions.

This policy covers all staff, including all levels and grades, those permanently temporaryemployed, temporary agency staff, contractors, agents, Members (including independentmembers), volunteers and consultants.

The Council’s commitment to action

The Council commits to: -

setting out a clear anti-bribery policy and keeping it up to date making all employees aware of their responsibilities to adhere strictly to this policy training all employees so that they can recognise and avoid the use of bribery by

themselves and others encouraging employees to be vigilant and to report any suspicions of bribery,

providing them with suitable channels of communication and ensuring sensitiveinformation is treated appropriately

rigorously investigating instances of alleged bribery and assisting police and otherappropriate authorities in any resultant prosecution

taking firm and vigorous action against any individual(s) involved in bribery provide information to all employees to report breaches and suspected breaches of

this policy include appropriate clauses in contracts to prevent bribery.

Definition of bribery

Bribery is an inducement or reward offered, promised or provided to gain personal,commercial, regulatory or contractual advantage.

It is unacceptable to: -

give, promise to give, or offer a payment, gift or hospitality with the expectation orhope that a business advantage will be received, or to reward a business advantagealready given

give, promise to give, or offer a payment, gift or hospitality to a government official,agent or representative to “facilitate” or expedite a routine procedure

accept payment from a third party that you know or suspect is offered with theexpectation that it will obtain a business advantage for them

accept a gift or hospitality from a third party if you know or suspect that it is offered orprovided with an expectation that a business advantage will be provided by us inreturn

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retaliate against or threaten a person who has refused to commit a bribery offence orwho has raised concerns under this policy

engage in activity in breach of this policy

Facilitation payments

Facilitation payments are not tolerated and are illegal. Facilitation payments are unofficialpayments made to public officials in order to secure or expedite actions.

Gifts and hospitality

The Council’s policy regarding the acceptance of gifts or hospitality from a third party is setout in the Employee Code of Conduct and the Members Code of Conduct.

Public contracts and failure to prevent bribery

Under the Public Contracts Regulations 2006 (which gives effect to EU law in the UK), acompany is automatically and perpetually debarred from competing for public contractswhere it is convicted of a corruption offence. There are no plans to amend the 2006Regulations for this to include the crime of failure to prevent bribery. Organisations that areconvicted of failing to prevent bribery are not automatically barred from participating intenders for public contracts and so the Council has the discretion to exclude organisationsconvicted of this offence.

The Bribery Act

There are four key offences under the Act: -

bribery of another person (section 1) accepting a bribe (section 2) bribing a foreign official (section 6) failing to prevent bribery (section 7)The Bribery Act 2010 makes it an offence to offer, promise or give a bribe (Section 1). Italso makes it an offence to request, agree to receive, or accept a bribe (Section 2). Section6 of the Act creates a separate offence of bribing a foreign public official with the intention ofobtaining or retaining business or an advantage in the conduct of business.

There is also a corporate offence under Section 7 of failure by a commercial organisation toprevent bribery that is intended to obtain or retain business, or an advantage in the conductof business, for the organisation. An organisation will have a defence to this corporateoffence if it can show that it had in place adequate procedures designed to prevent briberyby or of persons associated with the organisation.

Is the Council a “commercial organisation”?

The guidance states that a “commercial organisation” is any body formed in the UnitedKingdom and “…it does not matter if it pursues primarily charitable or educational aims orpurely public functions. It will be caught if it engages in commercial activities, irrespective ofthe purpose for which profits are made”. There are circumstances in which we will be acommercial organisation for the purposes of section 7. This policy is intended to ensure thatwe have in place the necessary procedures to act as a defence to a section 7 offence.

Penalties

An individual guilty of an offence under sections 1, 2 or 6 is liable: -

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On conviction in a magistrates court, to imprisonment for a maximum term of twelvemonths, or to a fine not exceeding £5,000, or both

On conviction in a crown court, to imprisonment for a maximum term of ten years, orto an unlimited fine, or both

Organisations guilty of an offence under section 7 are liable to an unlimited fine. In additiona public exposure, or even an allegation, of bribery would entail severe reputational damage.

Bribery is a serious offence and employees will face disciplinary action if there is evidencefollowing an investigation that they have been involved in this activity whilst undertaking workfor and on behalf of the Council, which could result in summary dismissal for grossmisconduct. Disciplinary action will be taken by the Council against the employee in additionto any separate criminal proceedings, which may be brought against the individual,depending on the circumstances of each individual case.

Adequate Procedures

Whether the procedures are adequate will ultimately be a matter for the courts to decide ona case-by-case basis. Adequate procedures need to be applied proportionately, based onthe level of risk of bribery in the Council. The Government considers that procedures put inplace by commercial organisations wishing to prevent bribery being committed on theirbehalf should be informed by six principles: -

Proportionality Top level commitment Risk assessment Due diligence Communication (including training) Monitoring and review

These principles are not prescriptive, but are intended to be flexible and outcome focussed,allowing for the different circumstances of organisations. For example, small organisationswill face different challenges to those faced by large multi-national enterprises. The detail ofhow organisations apply these principles will vary, but the outcome should always be robustand effective anti-bribery procedures.

The Council is committed to proportional implementation of these principles.

ANTI BRIBERY PROCEDURES

The Council’s Anti Bribery procedures cover the six principles detailed above: -

Proportionality – The Council is in the process of reviewing a number of its policies to ensurethat it has in place procedures to prevent bribery by persons associated with it. These will beproportionate to the bribery risks faced by the Council and to the nature, scale and complexityof the Council’s activities.

Top level commitment – The Chief Executive, Deputy Chief Executive and Heads of Serviceare committed to preventing bribery by persons associated with it. They foster a culture withinthe organisation in which bribery is never acceptable.

Risk assessment – The nature and extent of the Council’s exposure to potential external andinternal risks of bribery by persons associated with it will be periodically assessed. Thisincludes financial risks but also other risks such as reputational damage.

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Due diligence – The Council takes a proportionate and risk based approach, in respect ofpersons who perform or will perform services for or on behalf of the organisation, in order tomitigate identified bribery risks.

Communication (including training) – The Council will seek to ensure that its briberyprevention policies and procedures are embedded and understood throughout theorganisation through internal communication, including training that is proportionate to therisks it faces.

Monitoring and review – Procedures designed to prevent bribery will be monitored andreviewed and improvements made where necessary.

Staff and Members responsibilities

The prevention, detection and reporting of bribery and other forms of corruption are theresponsibility of all those working for the Council or under its control. All staff are required toavoid activity that breaches the policy.

You must therefore: -

ensure that you read, understand and comply with this policy raise concerns as soon as possible if you believe or suspect that a conflict with the

policy has occurred, or may occur in the future

As well as the possibility of civil and criminal prosecution, staff that breach this policy will facedisciplinary action, which could result in summary dismissal for gross misconduct.

Raising a concern

If you have a concern regarding a suspected instance of bribery or corruption then you canreport this through the Council’s whistle blowing procedure where concerns can be madeanonymously. In the event that an incident of bribery is reported, we will act as soon aspossible to evaluate the situation.

If you have any questions about these procedures, please contact Trevor Bowd, PrincipalAuditor on 01353 616219 or email [email protected]

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CONSTITUTION

PART 4

8. SCRUTINY PROCEDURE RULES11

A. GENERAL1. The Council's arrangements for Overview and Scrutiny are set out in Article 6.These are currently delivered via the Scrutiny Committee. These Rules shall apply to anyScrutiny Sub-Committee established.

2. Co-opteesThe Scrutiny Committee shall be entitled to recommend to Council the appointment of up totwo people as non-voting co-optees.

3. Meetings of Scrutiny Committee/Sub-CommitteesThere shall be at least 2 ordinary meetings of each Scrutiny Committee each year. Inaddition, extraordinary meetings may be called from time to time as and when appropriate.A Scrutiny Committee meeting may be called by the Chair of the Scrutiny Committee, by any3 Members of the Committee or by the Chief Executive if he/she considers it necessary orappropriate.

4. QuorumThe quorum for Scrutiny Committee is 5.

5. Who chairs Scrutiny meetings?The Chairman and Vice-Chairman of the Scrutiny Committee will usually be appointed at themeetings of the Committees held after the Annual Council meeting.

The Chairman and Vice-Chairman of the Scrutiny Committee may be a member of one ormore of the minority groups on the Council (or in the case of a ‘hung’/’no overall control’Council as appointed by the Committee).

6. Work programmeThe Scrutiny Committee will be responsible for setting their own work programme and indoing so they shall take into account wishes of Members who are not members of the largestpolitical group on the Council.

7. Agenda itemsAny Member of the Scrutiny Committee shall be entitled to give notice to the Chief Executivethat he/she wishes an item relevant to the functions of the Committee to be included on theagenda for the next available meeting. On receipt of such a request, the Chief Executive willensure that it is included on the agenda as soon as is practicable.

Any Members of the Council who are not Members of the Scrutiny Committee, may givewritten notice to the proper officer that they wish an item to be included on the agenda. If theproper officer receives such a notification, then he/she will include the item on the firstavailable agenda of the Scrutiny Committee for consideration by the Members.

The Scrutiny Committee will also respond, as soon as their work programme permits, torequests from the Council and, if appropriate, Policy Committees/Sub-Committees to reviewparticular areas of Council or external partners’ activities. Where they do so, the ScrutinyCommittee will report their findings and any recommendations back to the relevant Policy

11 Amended following changes to Committee arrangements, following Council resolution 23 February 2012.

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Committee/Sub-Committee and/or Council, external partner, as appropriate. The Counciland/or the relevant Policy Committee/Sub-Committee must be provided with any report orrecommendation, together with a notice requiring a response within 2 months12. TheCommittee may publish such reports and recommendations and where it chooses to do so,the Council and/or the relevant Policy Committee/Sub-Committee must publish its response.Where a Member has asked for a matter to be placed on the Scrutiny Committee agenda, acopy of any report or recommendations must be provided to that Member – together withany decision or reasons (if applicable) where the Committee decides not to exercise any ofthe powers within the Committee remit in relation to that matter13. Reports andrecommendation to partner authorities may, by notice in writing, require the relevant partnerauthority to have regard to the report or recommendations in the exercise of its functions14.

8. Policy review and development(a) The Scrutiny Committee has an important role in the development of the Council's

budget and policy framework; in taking an overview of the policies, activities, forwardplans, of external partners as they affect the Council’s area or its inhabitants; and inassisting the Council with the development of policy in relation to external partners.

(b) In relation to the development of the Council's approach to other matters not formingpart of its policy and budget framework and to the policies, service delivery andperformance of external partners, the Scrutiny Committee may make proposals toPolicy Committee/Sub-Committees and/or external partners in so far as they relate tomatters within their terms of reference.

(c) Scrutiny Committee may hold enquiries and investigate the available options forfuture direction in policy development and may appoint advisers and assessors toassist them in this process. They may go on site visits, conduct public surveys, holdpublic meetings, commission research and do all other things that they reasonablyconsider necessary to inform their deliberations. They may ask witnesses to attendto address them on any matter under consideration and may pay to any advisers,assessors and witnesses a reasonable fee and expenses for doing so.

(d) Joint Inter-Authority Scrutiny enquires and investigations15 will be conducted inaccordance with the Cambridgeshire Scrutiny Protocol on Inter-AuthorityCooperation.16

9. Reports/ Recommendations from the Scrutiny Committee(a) Once it has formed recommendations on proposals for development, the Scrutiny

Committee will direct that a formal report be submitted to the Council or relevantPolicy Committee/Sub-Committee (if the proposals are consistent with the existingbudgetary and policy framework), or to the Council (e.g. if the recommendation wouldrequire a departure from or a change to the agreed budget and policy framework), oran external partner, as appropriate. As indicated above, the Council and/or therelevant Policy Committee/Sub-Committee must be provided with any report orrecommendation, together with a notice requiring a response within 2 months17. TheCommittee may publish such reports and recommendations and where it chooses todo so, the Council and/or the relevant Policy Committee/Sub-Committee must publishits response. Where a Member has asked for a matter to be placed on the ScrutinyCommittee agenda, a copy of any report or recommendations must be provided tothat Member – together with any decision or reasons (if applicable) where the

12 Requirement by virtue of Regulation 7 The Local Authorities (Committee System)(England) Regulations 2012 No. 102013 By virtue of Regulation 6 The Local Authorities (Committee System)(England) Regulations 2012 No. 102014 By virtue of Regulation 9 The Local Authorities (Committee System)(England) Regulations 2012 No. 102015 s123 Local Government and Public Involvement in Heath Act 2007 allows authorities in two tier areas to form formal joint

scrutiny arrangements;16 Appended to the Overview and Scrutiny Protocol (key document).17 Requirement by virtue of Regulation 7 The Local Authorities (Committee System)(England) Regulations 2012 No. 1020

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Committee decides not to exercise any of the powers within the Committee remit inrelation to that matter18. Reports and recommendation to partner authorities may, bynotice in writing, require the relevant partner authority to have regard to the report orrecommendations in the exercise of its functions19.

(b) If the Scrutiny Committee cannot agree on one single final report to the Council, orthe relevant Policy Committee/Sub-Committee, or external partner, as appropriate,then one minority report may be prepared and submitted for consideration by theCouncil, Policy Committee/Sub-Committee, external partner with the majority report.

(c) The Council, Policy Committee/Sub-Committees, must consider the report orrecommendations of the Scrutiny Committee and provide a response within 2months, which will include (although not be limited to) reports of any Joint Inter-Authority Scrutiny Committee, Sub-Committee, Working Party, Forum or Panel.Where the Scrutiny Committee has published its report or recommendations theresponse must be published.20

10. Making sure that Scrutiny reports are considered by the Policy Committees(a) When necessary, the agenda for Policy Committee/Sub-Committee/Council meetings

shall include an item on issues arising from Scrutiny within the timeframe specifiedunder 9(c) above. The reports from Scrutiny Committees shall be included, whererelevant, in the context of a Policy Committee's /Sub-Committee deliberations on asubstantive item on the agenda.

11. Rights of Scrutiny Committee Members to documents(a) In addition to their rights as Councillors, Members of Scrutiny Committee have the

additional right to documents, and to notice of meetings as set out in the Access toInformation Procedure Rules in Part 4 of this Constitution.

(b) Nothing in this paragraph prevents more detailed liaison between the relevant PolicyCommittee/Sub-Committee and Scrutiny Committee as appropriate, depending onthe particular matter under consideration. The Scrutiny Committee may alsoreasonably request information in writing from a relevant partner authority, in order todischarge its functions. The provision of such information will be subject to anyexemptions that may apply21.

12. Attendance by othersThe Scrutiny Committee or its Chairman may invite people other than those people referredto in paragraph 15 below to address it, discuss issues of local concern and/or answerquestions. It may for example wish to hear from residents, stakeholders and Members andofficers in other parts of the public sector and shall invite such people to attend.

13. The party whipWhen considering any matter in respect of which a Member of Scrutiny Committee is subjectto a party whip, the Member must declare the existence of the whip, and the nature of itbefore the commencement of the Committee's deliberations on the matter. The declaration,and the detail of the whipping arrangements, shall be recorded in the minutes of themeeting.

18 By virtue of Regulation 6 The Local Authorities (Committee System)(England) Regulations 2012 No. 102019 By virtue of Regulation 9 The Local Authorities (Committee System)(England) Regulations 2012 No. 102020 Requirement under Regulation 7 The Local Authorities (Committee System)(England) Regulations 2012 No. 102021 By virtue of the Regulation 9(8) The Local Authorities (Committee System)(England) Regulations 2012 No. 1020

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14. Scrutiny and the CouncilTo keep all Members informed about matters considered by Scrutiny Committee, but whichwill not emerge as recommendations to the Council (see section 9), reports of all suchmatters will be submitted for information to the next meeting of the Council.

B. SCRUTINY

15. Members and officers giving account(a) Scrutiny Committee may scrutinise and review decisions made or actions taken in

connection with the discharge of any Council functions. As well as the ScrutinyCommittee reviewing documentation, in fulfilling the scrutiny role, the followingshould attend a Scrutiny Committee dealing with a call-in:

- the Chairman of the Policy Committee from which the matter is called-inany Member specified in the call-in notice as being required- any officer specified in the call-in notice as being required

and it is the duty of those persons to attend if so required.

(b) Where any Member or officer is required to attend a Scrutiny Committee meetingunder this provision, the Chairman will inform the Chief Executive, who shall informthe Member or officer in writing giving at least 3 working days notice of the meeting atwhich he/she is required to attend and answer questions. The notice will state thenature of the item on which he/she is required to attend to give account and whetherany papers are required to be produced for the Committee. Where the account to begiven to the Committee will require the production of a report, then the Member orofficer concerned will be given sufficient notice to allow for preparation of thatdocumentation. In exercising this power, the Committee shall have regard to anyguidance issued by the Secretary of State. A person is requested to attend is notrequired to answer any questions which that person would be entitled to refuse toanswer in court proceedings.22

(c) Where, in exceptional circumstances, the Member or officer is unable to attend onthe required date, then the Scrutiny Committee shall, in consultation with the Memberor officer, arrange an alternative date for attendance.

16. Call-inCall-in should only be used in exceptional circumstances. The procedure for call-in will be asfollows:

(a) When a decision is made by a Policy Committee/Sub-Committee or under jointarrangements, the decision shall be published, including where possible by electronicmeans, and shall be available at the main offices of the Council as soon aspracticable after being made. All Councillors will be sent copies of the records of allsuch decisions within the same timescale, by the person responsible for publishingthe decision.

(b) That notice will bear the date on which it is published and will specify that thedecision will come into force, and may then be implemented, on the expiry of 6working days after the publication of the decision, unless any 2 Members object to itand call it in within 5 working days of the meeting, excluding the day of the decision.A standard form for call-in should be available at relevant meetings.Recommendations of the Policy Committee/Sub-Committee to other bodies (or toCouncil) cannot be called-in.

22 Regulation 5(6)-(10) The Local Authorities (Committee System)(England) Regulations 2012 No. 1020

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(c) A call-in of a decision should be made in writing to the Chief Executive. Where adecision is called-in during that period, the Chief Executive shall notify the decision-taker of the call-in.

Copies of the call-in will be given to the Leaders of the Council's political groups assoon as possible.

Formal written acceptance or refusal of the call-in will be given to the Memberscalling in the decision within 5 working days of its receipt. Any refusal must includethe reasons for that refusal.

Call-ins accepted will then be considered either by the next programmed meeting ofthe Scrutiny Committee or by a special meeting convened in accordance with thisConstitution. Where necessary, the Chairman of the Scrutiny Committee may call aspecial meeting of the Scrutiny Committee. No action on the decision will be takenuntil the decision has been considered by the Scrutiny Committee.

(d) The Scrutiny Committee shall consider the issue and may refer the decision back tothe decision making person or body for reconsideration (‘reference back’), or referthe matter to full Council (‘reference up’), setting out in writing the nature of itsconcerns. If the decision is referred back, the decision making person or body shallthen reconsider, as soon as practicable, amending the decision or not, beforeadopting a final decision. This decision shall then take effect from the date whenmade by the decision making person or body.

(e) If following an objection to the decision, the Scrutiny Committee does not meet on thedate set by the Chief Executive, or does meet but does not refer the matter back tothe decision making person or body or up to Council, the decision shall take effect onthe date of the Scrutiny meeting, or the date on which it would have met.

(f) If the matter is referred to full Council and the Council does not object to a decisionwhich has been made, then no further action is necessary and the decision will beeffective in accordance with the provision below. However, if the Council doesobject, the Council will refer any decision to which it objects back to the decisionmaking person or body, together with the Council’s views on the decision. Thatdecision making person or body shall choose whether to amend the decision or notbefore reaching a final decision and implementing it. Where the decision was takenby a Policy Committee/Sub-Committee, a meeting will be convened to reconsider assoon as practicable after the Council request.

(g) If the Council does not meet, or if it does not refer the decision back to the decisionmaking body or person, the decision will become effective on the date of the Councilmeeting or the expiry of the period in which the Council meeting should have beenheld, whichever is the earlier.

CALL-IN AND URGENCY

(h) The call-in procedure set out above shall not apply where the decision being taken bythe Policy Committee/Sub-Committee is urgent. Items leading to decisions likely tobe categorised as urgent on the decision lists should be identified as such on thepublished agenda or, where not so practicable, at the meeting itself. Any Memberwishing to challenge that categorisation must do so prior to the consideration of theitem by the Committee. A decision will be urgent if any delay likely to be caused bythe call-in process would seriously prejudice the Council's or the public's interests.The record of the decision, and notice by which it is made public shall state whether

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in the opinion of the decision making person or body, the decision is an urgent one,and therefore not subject to call-in. The Leader of the Council (if any) and Chairmanof the Committee must agree both that the decision proposed is reasonable in all thecircumstances and to it being treated as a matter of urgency. In the absence of theChairman, the Vice-Chairman's consent shall be required. In the absence of both,the Head of Paid Service or his/her nominee's consent shall be required. Decisionstaken as a matter of urgency must be reported to the next available meeting of theCouncil, together with the reasons for urgency.

(i) The operation of the provisions relating to call-in and urgency shall be monitoredannually, and a report submitted to Council with proposals for review if necessary.

17. Councillor Calls for Action (CCfA) – Local Government matter (also see flowchart)

(a) A Councillor Call for Action (CCfA) must:

Comply with the statutory definition of a ‘local government matter’ in the LocalGovernment and Public Involvement in Health Act 2007, i.e.:

(i) Relate to the discharge of any function of the authority;(ii) Affect all or part of the electoral area for which the Member is elected or any

person who lives or works in that area; and(iii) Not be an ‘excluded matter’.

An ‘excluded matter’ means:

(1) A local crime and disorder matter within the meaning of Section 19 of thePolice and Justice Act 2006 (these are dealt with by the Council’s designated‘crime and disorder committee’ which the Scrutiny Committee);

(2) Any matter relating to a Planning or Licensing decision;(3) Any matter where there is already a right of recourse to a review or right of

appeal conferred under any enactment;(4) Any matter, which is deemed to be vexatious, discriminatory or unreasonable.

(b) A CCfA should only be made when the ‘usual channels’ to an address an issue suchas contacting Council Officer(s), service provider(s), external agencies, the relevantNeighbourhood Panel, complaints schemes, etc, have been exhausted and have notproduced a satisfactory response/resolution.

(c) A CCfA should be made in writing to the Chief Executive. Formal acceptance orrefusal will be given to the Member concerned within 5 working days of receipt. Anyrefusal will include the reasons for that refusal.

(d) Copies of the CCfA will be given to the Leaders of the Council’s political groups assoon as possible.

(e) Any accepted CCfA will then be considered at either the next programmed meeting ofthe Scrutiny Committee or by a special meeting convened in accordance with thisConstitution. Where necessary, the Chairman of the Scrutiny Committee may call aspecial meeting of a Scrutiny Committee.

(f) The Scrutiny Committee may specify that relevant Officers/Members attend themeeting to give account and it is the duty of those persons to attend if so required. Inthis event, the notification procedures set out in paragraph 15(b) and (c) of theScrutiny Procedure Rules will be followed, as appropriate.

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(g) The Scrutiny Committee shall consider the issue and decide whether to investigatethe matter or to take no further action. The Scrutiny Committee will advise theMember that initiated the CCfA of its decision and the reasons for it within 5 workingdays of the meeting, excluding the day of the meeting at which the decision wastaken.

(h) If the Scrutiny Committee decides to investigate the matter, it will then conduct areview via whichever mechanism it considers appropriate in accordance with theScrutiny Procedure Rules and Scrutiny Protocol and report its recommendations toCouncil or the relevant Policy Committee/Sub-Committee.

18. Councillor Call for Action (CCfA) – Local Crime and Disorder Matter (LCDM)(a) A Councillor Call for Action (CCfA - LCDM) must comply with the statutory definition

of a ‘local crime and disorder matter’ in relation to a Member of a local authority,within the Police and Justice Act 2006, which is defined as a matter concerning:(i) crime and disorder (including in particular forms of crime and disorder that involveanti-social behaviour or other behaviour adversely affecting the local environment) inthe area represented by the Member; or(ii) the misuse of drugs, alcohol and other substances in that area.

(b) A CCfA - LCDM will then follow the same procedure as identified under paragraph 17(b) –(h) detailed above, save that: the Scrutiny Committee may also require otherpartner agencies to attend the meeting to give account. (The flow chart shall alsoapply to a LCDM matter).

CALL FOR ACTION –Flowchart

Notes1. See 17(b) above.2. All issues relating to the Council, its functions and services & those relating to crime and disorder matters.3. Reasons must be given to Member referring matter. 4. Copy of recommendations to Member referring matter.

Issue of concern

Successful inaddressing issue

Unsuccessful in addressing issue1

Refer issue2 to relevantScrutiny Committee

Scrutiny Committee to decidewhether to investigate

YES

Scrutiny Committee investigateand make recommendations

Ward Councillor todecide if worth

pursuing

Ward Councillor to useusual channels to

address issue

END

YES NO

NO3


5(1)


CONSTITUTION

PART 5

CODES AND PROTOCOLS

MEMBERS CODE OF CONDUCT

PROTOCOL ON MEMBER/OFFICER RELATIONS

GUIDANCE FOR STAFF, MEMBERS AND CANDIDATESDURING AN ELECTION PERIOD

AGENDA PLANNING PROTOCOL

MEMBERS’ ACCESS TO COUNCIL HELD INFORMATION

GUIDANCE ON PLANNING FOR MEMBERS

THE ROLE OF ELECTED MEMBERS IN RELATION TO LICENSINGCOMMITTEE HEARINGS UNDER THE LICENSING ACT 2003

Version: 11 December 2012 Legal/ECDC Constitution5(2)


CONSTITUTION

PART 5

CODES AND PROTOCOLS

EAST CAMBRIDGESHIRE DISTRICT COUNCILMEMBERS’ CODE OF CONDUCTThe Members’ Code of Conduct is intended to promote high standards of behaviour amongstthe elected and co-opted Members of the council.

The Code is underpinned by the following principles of public life which should borne in mindwhen interpreting the meaning of the Code:-

i Selflessness Holders of public office should act solely in terms of the public interest.They should not do so in order to gain financial or other benefits for themselves, their familyor their friends.

ii Integrity Holders of public office should not place themselves under any financial orother obligation to outside individuals or organisations that might seek to influence them inthe performance of their official duties.

iii Objectivity In carrying out public business, including making public appointments,awarding contracts, or recommending individuals for rewards and benefits, holders of publicoffice should make choices on merit.

iv Accountability Holders of public office are accountable for their decisions andactions to the public and must submit themselves to whatever scrutiny is appropriate to theiroffice.

v Openness Holders of public office should be as open as possible about all thedecisions and actions that they take. They should give reasons for their decisions and restrictinformation only when the wider public interest clearly demands.

vi Honesty Holders of public office have a duty to declare any private interests relatingto their public duties and to take steps to resolve any conflicts arising in a way that protectsthe public interest.

vii Leadership Holders of public office should promote and support these principles byleadership and example.

PART 1GENERAL PROVISIONS

1. INTRODUCTION AND INTERPRETATION

1.1 This Code applies to you as a Member of East Cambridgeshire District Council(‘ECDC’).

1.2 The term “the Authority” used in this Code refers to ECDC.

1.3 “Member" means any person being an elected or co-opted Member of the Authority.

1.4 It is your responsibility to comply with the provisions of this Code.


1.5 Definitions: In this Code –

“Disclosable PecuniaryInterest” means the description of interests specified in

Regulations made by the Secretary of State (set out inAppendix A).

“Dispensation” means a exemption from an obligation or rule, grantedby or as if by the Authority by the Proper Officer undersection 33 Localism Act 2011, in respect to ofDisclosable Pecuniary Interests, or under s1 LocalismAct 2011 in respect of Prejudicial Interests, on thegrounds set out in Appendix B.

“Meeting” means any Meeting of:-a) The Authority;b) Any Meetings with the Council’s officers;c) Any of the Authority’s Committees, sub-committees,

joint committees, joint sub-committees, or areacommittees;

d) Any site visits to do the business of the Authority;e) Any of the Authority’s advisory groups and, working

parties and panels.

“Personal Interest” means the description of non-disclosable pecuniaryinterest or non-pecuniary interest specified in paragraph10.

“Prejudicial Interest” means a Personal Interest in the business of theAuthority, where that business would affect the financialor regulatory position of that person or body and theinterest is one which the member of the public withknowledge of the relevant facts would reasonablyregard as so significant that it is likely to prejudice yourjudgement of the public interest. It will not be aPrejudicial Interest if this relates to receipt of statutorybenefits; allowances, payments or indemnities providedto Members; ceremonial honours given to Members orsetting of Council tax, rates or precepts.

“Speaking Right” means the right of a Member to speak, makerepresentations and answer questions in relation to amatter that they have a Prejudicial Interest and onlyapplies to such an interest and not a matter wherethey have a Disclosable Pecuniary Interest. ThisSpeaking Right does not extend to Meetings ordiscussions with officers or site visits.

1.6 In this Code “relevant authority” has the meaning given to it by section 27(6) of theLocalism Act 2011.

2. SCOPE

2.1 You must comply with this Code whenever you act, claim to act or give the impressionyou are acting in your official capacity as a Member of the Authority.

2.2 Where you act as a representative of the Authority:-(a) on another relevant authority, you must, when acting for that other authority,


comply with that other authority's code of conduct; or(b) on any other body, you must, when acting for that other body, comply with your

authority's code of conduct, except and insofar as it conflicts with any otherlawful obligations to which that other body may be subject.

3. GENERAL OBLIGATIONS

3.1 You must treat others with respect.

3.2 You must not:-(a) do anything, which may cause the Authority to breach UK equalities

legislation.(b) bully any person.(c) intimidate or attempt to intimidate any person who is or is likely to be:-

(i) a complainant,(ii) a witness, or(iii) involved in the administration of any investigation or proceedings,in relation to an allegation that a Member (including yourself) has failed tocomply with his or her authority’s code of conduct.

(d) do anything, which compromises or is likely to compromise the impartiality ofthose who work for, or on behalf of, the Authority.

(e) conduct yourself in a manner, which could reasonably be regarded as bringingyour office or authority into disrepute.

4. YOU MUST NOT:-

4.1 disclose information given to you in confidence by anyone, or information acquired byyou which you believe, or ought reasonably to be aware, is of a confidential nature,except where:-(a) you have the consent of a person authorised to give it;(b) you are required by law to do so;(c) the disclosure is made to a third party for the purpose of obtaining professional

advice provided that the third party agrees not to disclose the information toany other person; or

(d) the disclosure is:-(i) reasonable and in the public interest; and(ii) made in good faith and in compliance with the reasonable

requirements of the authority.

4.2 prevent another person from gaining access to information to which that person isentitled by law.

5. YOU MUST NOT:-

5.1 use or attempt to use your position as a Member improperly to confer on, or securefor yourself or any other person, an advantage or disadvantage.

6. YOU MUST:-

6.1 when using or authorising the use by others of the resources of the Authority:-(a) act in accordance with your Authority's reasonable requirements;(b) ensure that such resources are not used improperly for political purposes

(including party political purposes); and

6.2 have regard to any Local Authority Code of Publicity made under the LocalGovernment Act 1986.


PART 2INTERESTS

7. DISCLOSABLE PECUNIARY INTERESTS

7.1 Breaches of the rules relating to Disclosable Pecuniary Interests may lead tocriminal sanctions.

7.2 You have a Disclosable Pecuniary Interest if it is of a description specified inRegulations made by the Secretary of State (Appendix A) and either:(a) it is an interest of yours, or(b) it is an interest of:

(i) your spouse or civil partner,(ii) a person with whom you are living as husband and wife, or(iii) a person with whom you are living as if you were civil partners,and you are aware that that other person has the interest.

8. REGISTRATION OF DISCLOSABLE PECUNIARY INTERESTS

8.1 You must, within 28 days of:(a) this Code being adopted or applied by the Authority; or(b) your election or appointment (where that is later),

notify the Authority’s Monitoring Officer in writing of any Disclosable PecuniaryInterests you have, and

subject to paragraph 14 (sensitive interests), such notifications will be placed on theRegister of Interests.

8.2 You must, within 28 days of becoming aware of any new Disclosable PecuniaryInterest or any change to any such interest, notify the Authority’s Monitoring Officer inwriting of that new Disclosable Pecuniary Interest or change. Subject to paragraph 14(sensitive interests), such notifications will be placed on the Register of Interests.

9. DISCLOSABLE PECUNIARY INTERESTS IN MATTERS CONSIDERED ATMEETINGS

9.1 If you attend a Meeting and have and are aware that you have a DisclosablePecuniary Interest in any matter to be considered, or being considered, at thatMeeting-

(a) you must disclose to the Meeting the existence and nature of the DisclosablePecuniary Interest in that matter unless paragraph 14 (sensitive interests)applies. If you have not already done so, you must notify the Authority’sMonitoring Officer of the interest before the end of 28 days beginning withthe date of the disclosure, and

(b) whether the interest is registered or not you must not – unless you haveobtained a dispensation from the Authority’s Monitoring Officer –(i) participate, or participate further, in any discussion of the matter or vote

at the Meeting; or(ii) remain in the Meeting whilst the matter is being debated or participate

in any vote taken on the matter at the Meeting.Note: Council Procedure Rule 19.3.4 requires you to leave the room where the Meetingis held while any discussion or voting takes place on a matter, which is a DisclosablePecuniary Interest or affects that Disclosable Pecuniary Interest.


OTHER INTERESTS

10. PERSONAL INTERESTS

10.1. You have a Personal Interest in any business of the Authority where –(a) it relates to or is likely to affect—

(i) any body of which you are a member or in a position of general controlor management and to which you are appointed or nominated by yourauthority;

(ii) any body—(aa) exercising functions of a public nature;(bb) directed to charitable purposes; or(cc) one of whose principal purposes includes the influence of publicopinion or policy (including any political party or trade union),of which you are a member or in a position of general control ormanagement;

(iii) the interests of any person or body from whom you have received agift or hospitality as a Member, with an estimated value of at least£100 in the last 3 years; or

(b) a decision in relation to that business might reasonably be regarded asaffecting your well-being1 or the well-being a person or body listed in 10.2, to agreater extent than it would affect the majority of the Council Tax payers,ratepayers or inhabitants of the ward or electoral area for which you havebeen elected or otherwise of the authority’s administrative area,

AND that interest does not otherwise fall into the category of a Disclosable PecuniaryInterest.

10.2 (a) a member of your family or any person with whom you have a closefriendship; or

(b) any person or body or firm who employs or has appointed or are in partnershipwith those detailed in 10.2(a), (as an employee, partner or director);

(c) any person or body in whom those detailed in 10.2(a) have a beneficialinterest in a class of securities exceeding the nominal value of £25,000; or

(d) any body or person described in 10.1(a)(i) or (ii).

11. REGISTRATION OF PERSONAL INTERESTS,

11.1 You must, within 28 days of:(a) this Code being adopted or applied by the Authority; or(b)(c) your election or appointment (where that is later),

notify the Authority’s Monitoring Officer in writing of any Personal Interests youhave detailed under 10.1(a)(i)-(iii) and

subject to paragraph 14 (sensitive interests), such notifications will be placed on theRegister of Interests.

11.2 You must, within 28 days of becoming aware of any new Personal Interest or anychange to any such interest, notify the Authority’s Monitoring Officer in writing of that

1 Defined as anything that could affect quality of life either positively or negatively.


new Personal Interest or change. Subject to paragraph 14 (sensitive interests), suchnotifications will be placed on the Register of Interests.

12. DECLARATION OF PERSONAL INTERESTS AND PARTICIPATING IN ANYMEETING WHERE THESE ARE DISCUSSED

12.1 If you attend a Meeting at which any item of business is to be considered and you areaware that you have a Personal Interest in that item, then subject to paragraph 14(sensitive Interests) you must make a verbal declaration of the existence and natureof that interest at the outset of the Meeting or before the consideration of the item ofbusiness.

12.2 Sub-paragraph 12.1 only applies where you are aware or ought reasonably to beaware of the existence of the Personal Interest.

12.3 Where you have a Personal Interest in that item of business you may remain in theMeeting, debate and vote on the item.

13. PREJUDICIAL INTERESTS, DECLARATIONS AND EXERCISING A SPEAKINGRIGHT IN ANY MEETING WHERE THESE ARE DISCUSSED

13.1 If you attend a Meeting at which any item of business is to be considered and you areaware that you have a Prejudicial Interest (as defined in paragraph 1.5) in that item,then, subject to paragraph 14 (sensitive Interests) you must make a verbaldeclaration of the existence and nature of that interest at the outset of the Meeting orbefore the consideration of the item of business. If you wish to exercise a SpeakingRight (as defined in paragraph 1.5), you should make a verbal declaration to this effectat this time.

13.2 Subject to 13.3, where you have a Prejudicial Interest in any item of business, thenunless you have obtained a dispensation from the Authority’s Monitoring Officer, youmust not

(a) participate, or participate further, in any discussion of the matter or vote at theMeeting; or

(b) remain in the Meeting whilst the matter is being debated or participate in anyvote taken on the matter at the Meeting.

13.3 Where you have a Prejudicial Interest, you may exercise a Speaking Right and thenmust leave the Meeting where the business is being discussed. You must notparticipate in any debate or vote.

Note: Council Procedure Rule 19.3.5 requires you to leave the room where the Meetingis held while any discussion or voting takes place on a matter, which is a PrejudicialInterest or affects that Prejudicial Interest, UNLESS you are exercising a SpeakingRight and once that Speaking Right has been exercised you must leave the room.

14. SENSITIVE INTERESTS

14.1 Where you consider (and the Authority’s Monitoring Officer agrees) that the nature ofa Disclosable Pecuniary or Personal or Prejudicial Interest is such that disclosure ofthe details of the interest could lead to you or a person connected with you beingsubject to intimidation or violence, it is a “Sensitive interest” for the purposes of theCode. Details of the Sensitive interest do not need to be disclosed on the Register ofInterests or to a Meeting, although the fact that you have a Sensitive interest, will beplaced on the Register of Interests as being withheld under section 32(1), or section 1Localism Act 2011, and disclosed at any Meeting. The obligations in relation to


participation in Meetings under paragraphs 9, 12 and 13 still, otherwise, apply.

Note: Register of interestsInterests notified to the Monitoring Officer will be on a specified form approved for thepurpose by the Monitoring Officer and for this purpose will be deemed the “register ofinterests”. A copy of the Register of Interests will be available for public inspection and will bepublished on the Authority’s website.

Appendix ADisclosable Pecuniary Interests

This note explains the requirements of the Localism Act 2011 (ss 29-34) in relation toDisclosable Pecuniary Interests. These provisions are enforced by criminal sanction.They came into force on 1 July 2012.

1 Notification of Disclosable Pecuniary InterestsDisclosable Pecuniary Interest descriptionEmployment, office, trade, profession orvocation2

Any employment, office, trade, profession or vocationcarried on for profit or gain.

Sponsorship Any payment or provision of any other financial benefit(other than from the relevant authority) made or providedwithin the relevant period in respect of any expensesincurred by M in carrying out duties as a Member, ortowards the election expenses of M.This includes any payment or financial benefit from atrade union within the meaning of the Trade Union andLabour Relations (Consolidation) Act 1992.

Contracts Any contract which is made between the relevant person(or a body in which the relevant person has a beneficialinterest) and the relevant authority—(a) under which goods or services are to be provided orworks are to be executed; and(b) which has not been fully discharged.

Land Any beneficial interest in land, which is within the area ofthe relevant authority.

Licences Any licence (alone or jointly with others) to occupy land inthe area of the relevant authority for a month or longer.

Corporate tenancies Any tenancy where (to M’s knowledge)—(a) the landlord is the relevant authority; and(b) the tenant is a body in which the relevant person hasa beneficial interest.

Securities Any beneficial interest in securities of a body where—(a) that body (to M’s knowledge) has a place of businessor land in the area of the relevant authority; and(b) either—(i) the total nominal value of the securities exceeds£25,000 or one hundredth of the total issued sharecapital of that body; or

2 The word “vacation” is used in the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 No 1464. This is,however, believed to be a typographical error and should read “vocation”.


(ii) if the share capital of that body is of more than oneclass, the total nominal value of the shares of any oneclass in which the relevant person has a beneficialinterest exceeds one hundredth of the total issued sharecapital of that class.

These descriptions on interests are subject to the following definitions:

“the Act” means the Localism Act 2011;“body in which the relevant person has a beneficial interest” means a firm in which therelevant person is a partner or a body corporate of which the relevant person is a director, orin the securities of which the relevant person has a beneficial interest;“director” includes a member of the committee of management of an industrial and providentsociety;“land” excludes an easement, servitude, interest or right in or over land, which does not carrywith it a right for the relevant person (alone or jointly with another) to occupy the land or toreceive income;“M” means a Member of a relevant authority;“Member” includes a co-opted Member;“relevant authority” means the authority of which M is a Member;“relevant period” means the period of 12 months ending with the day on which M gives anotification for the purposes of section 30(1) or section 31(7), as the case may be, of the Act;“relevant person” means M or any other person referred to in section 30(3)(b) of the Act;“securities” means shares, debentures, debenture stock, loan stock, bonds, units of acollective investment scheme within the meaning of the Financial Services and Markets Act2000 and other securities of any description, other than money deposited with a buildingsociety.

OffencesIt is a criminal offence to Fail to notify the Monitoring Officer of any Disclosable Pecuniary Interest within 28

days of election Fail to disclose a Disclosable Pecuniary Interest at a Meeting if it is not on the register Fail to notify the Monitoring Officer within 28 days of a Disclosable Pecuniary Interest

that is not on the register that you have disclosed to a Meeting Participate in any discussion or vote on a matter in which you have a Disclosable

Pecuniary Interest (without a dispensation) Knowingly or recklessly providing information that is false or misleading in notifying

the Monitoring Officer of a Disclosable Pecuniary Interest or in disclosing such interestto a Meeting

The criminal penalties available to a court are to impose a fine not exceeding level 5 onthe standard scale and disqualification from being a Councillor for up to 5 years.

Appendix BDispensation grounds:

The Authority’s Monitoring Officer3 may grant a dispensation only if, after having had regardto all relevant circumstances, the Monitoring Officer considers that — without the dispensation the number of persons prohibited from participating in any

particular business would be so great a proportion of the body transacting the businessas to impede the transaction of the business;

without the dispensation the representation of different political groups on the bodytransacting any particular business would be so upset as to alter the likely outcome ofany vote relating to the business,

3 As Proper Officer


granting the dispensation is in the interests of persons living in the Authority's area, or considers that it is otherwise appropriate to grant a dispensation.

A dispensation must specify the period for which it has effect, and the period specified maynot exceed four years.



CONSTITUTION

PART 5

CODES AND PROTOCOLS

PROTOCOL ON MEMBER/OFFICER RELATIONSCONVENTIONS FOR MEMBER/OFFICER RELATIONS

These conventions set certain agreed procedures and standards by which the Council willoperate.

The conventions should be read in conjunction with the current Members’ Code of Conduct,the Council's Protocols and Guidance in Part 5 of the Constitution and with Procedure Rules.

It is of course impossible to prescribe "rules and regulations" to cover every situation whichmay arise. The purpose of these conventions, therefore, is to set out an agreed approach inthe following areas:-

1. Officer Advice to Party Groups2. Support Services to Party Groups3. Access to Information and Council Documents4. Meeting dates5. VIP visits, Public Meetings and Consultations6. The Member/Officer Relationship6. Correspondence7. Use of Council Resources9. Press and Public Relations10. Complaints11. Petitions12. Allegations of Breach of this Protocol.

These conventions are not intended to be (and should not be read as) a rigid set ofprescriptive rules to be applied in a legalistic way. Rather they are a workable flexibleframework, the main principles of which are:

- the political neutrality of officers and officer support- confidentiality in dealing with information- mutual respect between Members and officers

The guidance set out in this document should be interpreted in the light of those principles. Acopy of these conventions has been sent to all Members of staff.

Any doubt or difficulty over any area contained in these conventions should be referred to theChief Executive or the Monitoring Officer for advice.

1.0 OFFICER ADVICE TO PARTY GROUPS

1.1 Council officers of all grades must, of course, remain politically neutral in relation toCouncil business. It is particularly important that Political Groups recognise this,especially when asking for officer input on any matter.

1.2 Input from officers must be available to all Members. It can take many forms - from abriefing meeting with a Chairman of any Member Body or Group Spokesperson (ifappointed) prior to a meeting, through to a presentation to a Group meeting. It is likelyto be rare that Officers, other than the Chief Executive and Deputy Chief Executive or


Heads of Service, will be requested to attend Group Meetings. However, if Officersreceive an invite to attend a Group meeting, they must clear their attendance with therelevant Head of Service beforehand.

1.3 Officer input must necessarily be constrained in some circumstances, for example:

1.3.1 Officer input in these circumstances will not extend beyond providing input andadvice on matters of COUNCIL business. Officers must not in anycircumstances be involved in advising on matters of Party business. Officersshould not therefore be expected to be present at Group or Party meetings, orparts of such meetings, when matters of Party business are to be discussedor, in some circumstances as explained further on, when non-Councilpersonnel are present.

1.3.2 Party Group meetings cannot make decisions on behalf of the Council.Conclusions reached at such meetings do not therefore rank as Councildecisions and neither officers nor Members must interpret or act on them assuch.

1.3.3 Information and advice given by officers to Party Group meetings on Councilbusiness is not a substitute for, nor does it preclude, the need for all necessaryinformation and advice to be given to any other Member or to any Memberbody considering the issue in question.

1.4 Normally, only Councillors should be at Group or other meetings at which officers areasked to provide information and advice. Considerable care must be taken whereofficers are asked to provide such information and advice to Party Group or othermeetings, which include persons who are not Members or officers of the Council.Such people are not bound by the Members’ Code of Conduct or Employees' Code ofConduct - particularly the provisions relating to declarations of interest and toconfidentiality. Consequently, officers may not be able to provide the same level ofinformation and advice as they would to a Members only meeting. It is highly unlikelythat officers should attend such meetings, as this may leave the Council open todisclosure of confidential information. In such circumstances, Officers should clear, inadvance, either with their Heads of Service or Chief Executive/ or Deputy ChiefExecutive whether their attendance at the meeting is appropriate.

1.5 Confidentiality must be maintained. Officers will not relay the content of any suchGroup meeting to other Groups, nor will Group Members purport decisions made atthose meetings to be Council decisions or to have the backing or otherwise of officers.

2.0 SUPPORT SERVICES TO PARTY GROUP

2.1 The Council can only lawfully provide support services to Members (for exampletyping, stationary, printing and copying, research, etc) to help Members dischargetheir Council duties and for Council business.

2.2 Such support services must not be used for party political or campaigning activity orfor private purposes. You are referred to paragraph 6.1 of the Member’s Code.

3.0 ACCESS TO INFORMATION AND TO COUNCIL DOCUMENTS

3.1 The Council has adopted a Protocol on Access to Information to which all Membersshould have regard.

3.2 In addition, there are a number of legal provisions governing both rights of andlimitations on access to information. The Members Code of Conduct (paragraph 4)also states that Members must not:


“4.1 disclose information given in confidence by anyone, or information acquired byyou which you believe, or ought reasonably to be aware, is of a confidentialnature, except where—(a) you have the consent of a person authorised to give it;

(b) you are required by law to do so;

(c) the disclosure is made to a third party for the purpose of obtainingprofessional advice provided that the third party agrees not to disclose theinformation to any other person; or

(d) the disclosure is—(i) reasonable and in the public interest; and(ii) made in good faith and in compliance with the reasonable

requirements of the authority; or

4.2 prevent another person from gaining access to information to which thatperson is entitled by law.”

4.0 MEETINGS

4.1 Dates and TimingsThe Principal Democratic Services Officer will set the annual Calendar of Meetings inconsultation with Group Leaders. The setting of ad-hoc Member meetings or therearranging of calendar meetings will be discussed with the Members of that meeting.The Chairman of that Member meeting will have the final say on the date for themeeting. Where no Chairman has yet been appointed for any meeting, any date willalso be discussed with the Members of that meeting but the final say on the dates willbe with the Chief Executive. There is a presumption that the calendar of meetings,once agreed, will be adhered to as far as possible and that dates will only be changedin exceptional circumstances. The Chairman of the Committee will have the final sayon changes or cancellation of meetings.

4.2 BriefingsThe Chairman of a Member body may require a briefing on the published agenda formeetings of that body with the Lead Officer(s) for that body and other officers asappropriate.

5.0 VIP VISITS, PUBLIC MEETINGS AND CONSULTATIONS

5.1 The Council has adopted protocols both for royal visits ("Civic and Ceremonial in EastCambridgeshire") and on other VIP visits (non-ministerial/ceremonial) which will befollowed as appropriate.

5.2 Whenever the Council organises a public meeting to consider any issue, GroupLeaders and the local Member(s) will be informed.

5.3 Similarly when the Council organises a public consultation exercise on any issues,Group Leaders and appropriate local Member(s) will be informed.

6.0 THE MEMBER/OFFICER RELATIONSHIP

6.1 Mutual respect between Members and Officers is essential to the good running of theCouncil, particularly, for example, the relationship between the Chairman of anyMember body and the designated Lead Officer(s). It is important though that thatrelationship does not lead to questions about the officer's ability to deal impartiallywith other Members, including Party Groups. It is equally important, however, that the


relationship is not tainted by abuse of power or offensive, abusive, intimidating,malicious or otherwise inappropriate behaviour. Members are obliged, underparagraph 3 of the Member Code of Conduct, to treat others with respect and not todo anything which compromises or is likely to compromise the impartiality of thosethat work for or on behalf of the Authority.

6.2 Lead Officer(s) have prime responsibility for drawing up agenda with the allocatedDemocratic Services Officer, in consultation with the Chairman of that Member body.

6.3 Under the current law, decisions on Council business can only be made either byproperly constituted Member bodies or by the officer to whom that decision has beendelegated. Chairmen, Leaders of Political Groups, Party Group meetings, Briefingmeetings, etc cannot lawfully make decisions on behalf of the Council.

6.4 Members seeking advice from or being consulted by officers must remember both thateach officer is responsible ultimately not to them but to the Chief Executive and thatofficers cannot go beyond their delegated authority. Members may also wish toconsider in this context the Council's Local Code of Conduct as regards lobbying.

6.5 Officers work to the instructions of their senior officers, not individual members. Itfollows that, whilst such officers will always seek to assist a Member, they must not beasked to exceed the bounds of authority they have been given by their managers. Ifan enquiry is purely to seek factual information, Members should normally direct theirrequests and concerns to a senior officer, at least in the first instance.

6.6 Officers will do their best to give timely responses to Members’ enquiries. However,officers should not have unreasonable requests placed on them. Their work prioritiesare set and managed by senior managers. Members should avoid disrupting officers’work by imposing their own priorities.

6.7 Members will endeavour to give timely responses to enquiries from officers.

6.8 An officer shall not discuss with a Member personal Council related mattersconcerning him/herself or another individual employee. This does not prevent anofficer discussing personal matters with his/her ward member in his/her own time.

6.9 Members should avoid discussing Council business in officers’ free time.

6.10 In seeking to deal with constituents’ queries or concerns, Members should not seek tojump the queue but should respect the Council’s procedures. Officers have manypressures on their time. They may not be able to carry out the work required byMembers in the requested timescale, and may need to seek instructions from theirmanagers.

6.11 Members may request senior officers to provide them with such information,explanation and advice, as they may reasonably need to assist them to dischargetheir role as Members. This may range from general information about some aspect ofthe Council’s services to specific information on behalf of a constituent. Whereinformation is requested on behalf of third party, it will only be provided if: a) it is in thepublic domain, and b) it is not barred by the Data Protection Act or other exemption orexception under the Freedom of Information/ Environmental Information Regulationsfrom being given.

6.12 Before meeting with Officers, Members should consider whether they have anyDisclosable Pecuniary Interests (‘DPI’), Personal or Prejudicial interest in the mattersbeing discussed, that would prevent their participation under the Localism Act/ and orthe Member Code of Conduct. If it is a DPI, the Member should follow paragraph 9 ofthe Member Code of Conduct and must declare the existence and nature of the DPI.


The Member must not participate in the Meeting when the item is due for discussionand/ or debate and/or vote and must leave the room. If this is a Personal Interest,then, the Members must follow paragraph 12 and declare the existence and nature ofthe Personal Interest and subject to that, may participate and (where relevant) vote atthe meeting. Where this is a Prejudicial Interest, Members must follow paragraph 13of the Member Code of Conduct and disclose the existence and nature of thePrejudicial Interest. The Member must leave the room when the item is discussed,unless they are exercising a Speaking Right (as defined in paragraph 1.5 of theMember Code of Conduct). This is subject to any of these interests being “sensitive”and if that applies, Members are referred to paragraph 14 of the Member Code or theMonitoring Officer for further guidance on what they need to do in suchcircumstances. Note that the requirement to leave formal meetings is supported bythe Council’s Procedure Rules in the Constitution. Members should also follow theguidance relating to Planning and Licensing Applications (where relevant to thematter) and appoint an agent (this may be a friend/ family member or unrelated partyand does not have to be a paid agent) to deal with these issues on their behalf. Notethat Members must not use, or attempt to use, their position as a Councillorimproperly to confer on or secure for themselves or any other person an advantage ordisadvantage. Members are referred to paragraph 5 of the Members’ Code.

7.0 CORRESPONDENCE

7.1 Correspondence between an individual Member and an officer should not normally becopied by the officer to any other Member (unless this relates to general issues, ormatters that the Officer cannot deal with directly without other officers’ involvement).Members should make it clear if they do not wish correspondence to be forwarded toother officers. However, Members must note that their correspondence with theCouncil is subject to the provisions of the Data Protection Act 1998, and the Freedomof Information 2000/ Environmental Information Regulations 2004 and may bedisclosable to third parties in any event.

7.2 Official letters sent out on behalf of the Council will normally bear the name of theCouncil officer concerned, not of a Member. In the Chief Executive may approve thesending of a letter on Council headed paper in the name of a Member. Letters, which,for example, create obligations or give instructions on behalf of the Council shouldnever be in the name of a Member.

8.0 USE OF COUNCIL RESOURCES

8.1 The Council provides all Members with services such as printing and photocopying,and goods such as stationary and computer equipment, to assist them in dischargingtheir roles as Members of the Council. These goods and services are paid for by thepublic purse. They should not be used for private purposes or in connection with partypolitical or campaigning activities. You are referred to paragraph 6 of the MembersCode and the Guidance For Staff, Members and Candidates During an Electionperiod.

8.2 Members should ensure they understand and comply with the Council’s own rulesabout the use of resources. In particular, those where facilities are provided inMembers’ homes at the Council’s expense and in relation to use of ICT. You arereferred to the Council’s E-mail and the Internet Policy and Statement of GoodPractice.

8.3 Members should not put pressure on staff to provide resources or support whichofficers are not permitted to give. Examples are: - business which is solely to do with a political party;


work in connection with a ward or constituency party political meeting; electioneering; work associated with an event attended by a member in a capacity other than as

a member of the Council; private personal correspondence; work in connection with another body or organisation where a member’s

involvement is other than as a member of the Council; and support to a member in his/her capacity as a councillor of another local authority.

9.0 PRESS AND PR

9.1 The Council has adopted protocols on press and news releases, which cover mostsituations we are likely to encounter..

10.0 COMPLAINTS

10.1 The Chief Executive/ Deputy Chief Executive or relevant Head of Service will adviselocal Members of the receipt of any Council business related complaint from amember of the public in their ward, where appropriate. Members will not, however, beinvolved in the handling of complaints, except for referral of an original complaint. Ifthis is a complaint regarding a Member’s conduct, then this will be dealt with underthe Council’s Councillor complaint handling procedures.

11.0 PETITIONS

11.1 Council has adopted a Petitions Scheme (see key documents). Members can obtaina copy of this from the Council, or view via the Council’s website and should refer to itas necessary.

12.0 ALLEGATIONS OF BREACHES OF THIS PROTOCOL

12.1 This part of the protocol should be read in conjunction with the Council’s “whistle-blowing" policy

12.2 Members or officers with questions about the implementation or interpretation of anypart of his protocol should seek the guidance of the Monitoring Officer.

12.3 A Member who is unhappy about decisions taken by, or the conduct of, an officer,should: Avoid personal attacks on, or abuse of, the officer at all times, Ensure that any criticism is well founded and constructive, Never make a criticism in public, and Take up the concern with the officer privately.

12.4 If direct discussion with the officer is inappropriate (e.g. because of the seriousness ofthe concern) or fails to resolve the matter, the member should raise the issue with theofficer’s manager or the relevant senior officer.

12.5 A serious breach of this protocol by an officer may lead to an investigation under theCouncil’s disciplinary procedure.

12.6 An officer who believes a Member may have acted other than in accordance with thisprotocol, should try to resolve the issue with the member directly, if not should raise his/herconcern with the Monitoring Officer. He/she will consider how the complaint or allegationshould be dealt with. At a minor level, this may be no more than informally referring thematter to the leader of the relevant party group. More serious complaints may involvealleged breaches of the members’ code of conduct and may be referred to the MonitoringOfficer for consideration under the Councillor complaint handling procedure.

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CONSTITUTION

PART 5

GUIDANCE FOR STAFF, MEMBERS AND CANDIDATES DURING AN ELECTION PERIOD

The Code below sets out guidance to staff, Members and candidates.

If you have any queries please contact Head of Legal & Democratic Services at EastCambridgeshire District Council, The Grange, Nutholt Lane, Ely, Cambs, CB7 4EE,telephone number (01353) 665555

INTRODUCTION

The need to demonstrate the political impartiality of the authority’s paid service is nevermore important than in the run up to an election. The Council has therefore agreed theseguidelines for staff, members and candidates to protect the reputation of the Council and toguard against even the suspicion of officers or members in any way compromising thisimpartiality.

The guidance is based on the Codes of Conduct for Members and Employees and the Codeof Recommended Practice on Local Authority Publicity. Reference has also been made toprotocols in use at other authorities and which apply to the civil service.

This protocol has been agreed by the Leaders of the Groups on the Council, the StandardsCommittee4 and representatives of the Council’s staff. It shall be issued to all staff,Members, candidates and agents before every Parliamentary, European Parliamentary,County Council, District Council or Mayoral (or Police Commissioner’s) election whichincludes electors in the District or a part of the District. There are regulations that wouldapply to the period in which a petition is being organised on having an elected Mayor foreither the District or the County and in any subsequent referendum.

PROTOCOL ON CONDUCT DURING THE ELECTIONS

1. PRINCIPLES

1.1 The overriding principle on which this Protocol is based is that the Council will not actin any way, and will avoid any appearance of acting in any way, that supports thecandidature of any person more than any others, or that supports a political positionadopted by a candidate or party more than any other.

1.2 The Council must continue to function effectively during an election period but mustbe sensitive to the need to avoid staff becoming, or appearing to become drawn intoparty political activity or the resources of the Council being used, or appearing to beused, for political purposes.

1.3 The Council will be open about the way it will conduct itself during an election and willissue this protocol to the media in advance of the election period and make itavailable to the public including by posting it on the Council’s web site.

4 The Council no longer has a Standards Committee, as from 1 July 2012

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2. APPLICATION

2.1 This protocol applies from the date on which a general election is announced and inall other cases from the publication of the Notice of Election until the Declaration ofthe Result of Poll.

2.2 It applies to all Members and employees of the Council and shall be brought to theattention of contractors undertaking work for the Council within the District during theelection period.

3. ACCESS TO INFORMATION

3.1 The Council shall provide any candidate, organisation and any member of the publicon request with factual information that would be made available at any other time.

3.2 For District Council elections Members remain in office until after the poll even if theyare not re-elected. They therefore retain the additional rights to information given bythe Council’s Constitution. They are bound by the Code of Conduct and theprovisions of the Constitution. They will not seek access to information that is notpublicly available and that they do not need to know for their duties as a councillor.

3.3 The Council shall not express any opinions or comments on any enquiries arisingfrom the campaigns of any candidate or group of candidates or that a Chief Officerregards in any way as politically controversial.

4. MEDIA RELATIONS AND PUBLICITY

4.1 The Council will not issue media releases during the election period, which name orquote any Member, candidate or agent nor any political party or group or the policiesassociated with any candidate, political party or group.

4.2 The Council’s protocols on press and news releases shall be suspended during theelection.

4.3 Media releases during this period will be restricted to those issued by, or on behalf of,the Returning Officer and those, which the Deputy Returning Officer sanctions asbeing necessary to provide local people with factual information about services.

4.4 The Council will continue to respond to enquiries from the media, but such responseswill be limited to the provision of factual information and will not express any opinionsor offer any commentary.

4.5 The Council will continue to function as normally as possible, including the holding ofmeetings previously scheduled and necessary to conduct the business of theauthority.

4.6 The Council will not stage any other events during this period which give a platform toany Members or candidates for election. The most senior officer present at any eventstaged by the Council shall close it if there is any attempt to use it to promote theelection of any person.

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4.7 The Council’s officers may attend events arranged by others during this period butwill leave any event at which the election of any candidate or group of candidates ispromoted.

4.8 No exhibitions shall be staged by the Council, or on premises under the control of theCouncil, which in any way promote a candidate at the election or that advocate apolitically contentious policy.

4.9 No consultations undertaken during this period shall include any reference to anyMember or candidate nor any political party or group nor the policies associated withany political party or group.

4.10 The Council’s web site will continue to identify the existing councillors throughout theperiod and will also list all the candidates standing for election. All publications thatinclude a listing of existing councillors will continue to be available to the publicthroughout the period. Where practicable all enquirers will be informed of the electionon application for any such publication.

5. CONDUCT OF STAFF

5.1 Staff will act fairly, impartially and courteously to all candidates and agents. Noemployee, while acting in an official capacity, shall take part in any activity during anelection that would associate them with any candidate or political party or group.

5.2 Some of the staff of the Council are employed in politically restricted posts. These aresubject to statutory restrictions that include:

Holding office in a political party, acting as an election agent or canvassing onbehalf of a political party or a candidate for election.

Speaking in public, giving interviews or publishing any written work with theintention of affecting public support for a political party.

These restrictions apply at all times, including in the employee’s personal and privatelife.

5.3 No political posters or similar election material shall be displayed in any DistrictCouncil office, or on cars while in use for official business or parked in car parks atthe Council’s offices.

5.4 No one will be employed in the administration of the election who has canvassed onbehalf of a candidate at the election or has in any other way promoted a candidate.

5.5 Other than these restrictions, staff who are not in politically restricted posts and notemployed in the administration of the election, are free to engage fully in the politicalprocess of an election.

5.6 Political Assistants as employees of the Council are bound by the guidancecontained therein. Political Assistants are also designated as Politically RestrictedPosts and are prohibited from engaging in certain activities as prescribed by theLocal Government and Housing Act 1989.

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6. USE OF PROPERTY AND RESOURCES

6.1 Once an election is called, all candidates have the right to use public meeting roomsfor election meetings free of hire charge, although they can be asked to meet the costof caretaking etc. and they do not take priority over any pre-existing booking of thefacility. The Council will apply the same rate of charge, and give the same assistanceand service to any candidates requesting the use of the Council’s facilities for thepurpose of holding an election meeting.

6.2 Council premises shall not be used in any other circumstances to promote or signifyany favour or support for any individual candidate or political party. Generalphotographs of the exterior of Council premises from outside the site are permissible,providing they are not used to exploit or indicate the views of the Council or any of thestaff working in those premises. Photographs of staff are not permitted on theCouncil’s premises or while they are engaged on official business.

6.3 Members cannot use the resources of the Council for party political purposes. Useshould reasonably be regarded as likely to facilitate, or be conducive to, thedischarge of the functions of the Council or of the office to which the Member hasbeen elected or appointed.

7. INTERPRETATION AND REVIEW

7.1 The Returning Officer’s interpretation of this protocol is final.

7.2 This protocol shall be reviewed at the request of the Group Leaders, the Finance &Governance Committee (or the Finance & Governance Hearings Sub-Committee),the Joint Consultative Committee or the Returning Officer. No review shall beconducted during an election period except at the instigation of the Returning Officer.

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CONSTITUTION

PART 5

PROTOCOL FOR AGENDA PLANNING

1.0 PURPOSE

1.1 To give Guidance to Chairmen of Committees and The Chief Executive/ DeputyChief Executive and Heads of Service in relation to the operation of agenda planningmeetings.

1.2 To identify specific constitutional references in relation to agenda planning andrelated matters to assist Members of Council in fulfilling their duties.

2.0 WHAT IS AGENDA PLANNING?

2.1 The agenda planning process for the Council has now become a key part of thedecision-making and planning process.

Agree an annual agenda plan for all relevant Committees.Ensure a consistent approach to budget and service planning across the Council.Act as a framework for consultation with political groups and/or the public. Inform the Members and public of forthcoming meetings - available on website.Enable the Chief Executive/ Deputy Chief Executive and Heads of Service to plan

effectively the resources required to meet the agreed timetable.

3.0 AGENDA PLANNING MEETINGS – PURPOSE

3.1 It is proposed that the business for agenda planning meetings is as follows:

Agree and update an annual Committee planReview forthcoming Committee agendasRespond to requests for agenda items from other Members. Identify PR matters for inclusion in PR planAgree dates for special meetings - the Chairman will have the final say on the

date of the meeting.

4.0 ATTENDANCE AT AGENDA PLANNING MEETINGS

4.1 The Chairman and Vice-Chairman of the relevant Committee, plus the relevant leadOfficers of for the Committee, and an Officer from Democratic Services will attend.

5.0 FREQUENCY OF AGENDA PLANNING MEETINGS

5.1 Agenda planning meetings will be timetabled to coincide with the Committee agendapreparation processes on the basis of at least one per Committee cycle. The datesand frequency of these meetings will be set in consultation with the CommitteeChairmen.

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CONSTITUTION

PART 5

PROTOCOL ON MEMBERS’ ACCESS TO COUNCIL HELDINFORMATION

1.0 INTRODUCTION

1.1 One of the most frequent concerns of Members is over what Council held informationthey have a right to see and use. This is an area of concern countrywide and theimplementation of the Freedom of Information Act (FOIA) and the EnvironmentalInformation Regulations (EIR), and the access to information legislation make this akey issue for Councils.

2.0 MEMBERS RIGHTS OF ACCESS AND USE OF INFORMATION: THE LEGALPOSITION

2.1 In addition to their rights as members of the public, elected Members have been givenadditional rights by statute, by the courts, etc.

2.2 Statute

2.2.1 Members' rights of access to Council information are principally enshrined inthe Local Government Act 1972, the Local Government (Access to Information)Act 1985 and the Local Government (Inspection of Documents) (Summary ofRights) Order 1986.

2.2.2 Section 228 (3) of the Local Government Act 1972 gives Members the right toinspect the Council's accounts and takes copies throughout the year. Also,under Section 17 of the Local Government Finance Act 1982, Members haverights to inspect "books, deeds, contracts, bills, vouchers and receipts" prior toaudit each year.

2.2.3 Under the Local Government (Access to Information) Act 1985, any Member ofthe Council can inspect any document held by the Council relating to anybusiness to be transacted at a Council Committee or Sub-Committee PRIOR tothat meeting taking place - whether or not they are a member of thatCommittee or Sub-Committee. It is important to note that this right relates onlyto Committees and Sub-Committees and can only be exercised before themeeting. It also only relates to matters to be considered by that meeting.

2.2.4 This right includes access to documents containing exempt information relatingto:-

- the financial in business affairs of a person (including the Council) -unless that document relates to proposed contract terms

- proposals to give under any enactment a notice imposing requirementson a person

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2.2.5 The Access to Information Procedure Rules in Part 4 of the Constitutionprovide Members with some additional rights to access exempt information,and this/ other information will be provided in accordance with those Rules.

2.2.6 The Freedom of Information Act (‘FOIA’) and the Environmental InformationRegulations (‘EIR’) require the Council to respond within 20 working days towritten requests for information from any source. The Council can claimexemptions or exceptions and refuse to supply the information if, for example:

- the information is intended to be published in the future- there are security/defence/international relations issues- it is the subject of / or part of legal proceedings- there are health and safety reasons- it involves personal information- this involves confidential information

We can charge for the provision of the information (but this is usuallyrestricted to photocopying charges/ postage) and can also refuse to provide itif the time it takes would exceed the current statutory limit (for FOIA this is 18hours). However, the presumption is disclosure, unless the exemptions orexceptions apply and some information should routinely be disclosed underthe Model Publication scheme (as directed by the Information Commissioner)in any event.

This Act works two ways for Members – not only can you make FOIA/ EIRrequests for information to Council officers but you can be subject to FOIA /EIR requests from the public.

2.3 The Courts View

2.3.1 The House of Lords in 1983 defined Members' rights of access to Councildocuments as follows:

- Members are entitled "by virtue of office to have access to all writtenmaterial in the possession of the local authority" if they show a "need toknow" in order to perform their duties as a councillor.

2.3.2 This right is not "a roving commission to go and examine" the Council's booksor documents. It is essential that a "need to know" is properly established.Curiosity is not enough. So while Members may have a good reason to see allwritten material on a matter relating to a committee on which they serve,Members not on that committee would need to identify their own "need toknow".

2.4 Confidentiality

2.4.1 Of course there is a statutory framework dealing with confidentiality of itemsdiscussed in committee, including agenda reports and background papers.However, use of confidential information outside meetings is a further dangerarea. Councillors receive a great deal of confidential information in theircapacity as councillors and it is obviously important that such information ishandled carefully. It has been given in confidence and that confidence must berespected.

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2.4.2 While the deliberate leaking of confidential information is not generally theproblem in local government that it might be in other areas, there are legalsanctions. If information is supplied in confidence to a councillor, there is anunderstanding that it will be treated as confidential and that understanding canonly be overridden when there is a clear public interest in disclosing it. Thecourts have defined "public interest" very narrowly and differentiate between"what is in the public interest and what is of interest to the public".

2.4.3 The Member’s Code of Conduct (paragraph 4) says:A Member “must not –

4.1 disclose information given in confidence by anyone, or informationacquired by you which you believe, or ought reasonably to be aware,is of a confidential nature, except where—(a) you have the consent of a person authorised to give it;(b) you are required by law to do so;(c) the disclosure is made to a third party for the purpose of

obtaining professional advice provided that the third partyagrees not to disclose the information to any other person; or

(d) the disclosure is—(i) reasonable and in the public interest; and(ii) made in good faith and in compliance with the reasonable

requirements of the authority; or4.2 prevent another person from gaining access to information to which

that person is entitled by law.”

2.4.4 Members must also remember that information held on Council computers issubject to control under Data Protection Legislation. Similarly, Membersthemselves are registered under the Data Protection Acts to handleconstituency information. Improper access to and/or use of computer-heldinformation could expose the Council, and the individual Member to sanctionsunder the criminal law.

2.4.5 Under the Council's Constitution, any Member of the Council is permitted toattend a meeting of any Committee, Sub-Committee, Panel or Working Party ofwhich he or she is not a Member. By agreed practice, Members may alsospeak at that meeting by notification to its Chairman but may not, of course,vote. The rules on declaration of Disposable Pecuniary Interest, Personal andPrejudicial Interests apply to attendance at such meetings in the usual way andso do the rules as to the use of any information acquired by attendance at thatmeeting.

3.0 CONCLUSION

3.1 It is clearly important to the smooth running of Council business that both Councillorsand officers know what the rules are on access to and use of Council held information.As set out above, the principle issues are the "need to know" on the part of anyMember seeking access to Council held information and the need to consider, at alltimes, issues of confidentiality.

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3.2 If you wish to obtain access to information held by the Council

1. Any request for access to information should be made to the MonitoringOfficer and such decision will be made in consultation with the ChiefExecutive/ or Deputy Chief Executive or relevant Head of Service.

2. In the case of dispute, the final decision shall be made by the ChiefExecutive.

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CONSTITUTION

PART 5

GUIDANCE ON PLANNING FOR MEMBERS

1.0 INTRODUCTION

1.1 Planning is a subject that excites strong feelings. The planning system frequentlycreates perceived “winners” and “losers”, it involves the rights of others over one’sproperty and the financial consequences of a decision may be substantial.Accordingly, it appears to be viewed by the public as an area vulnerable to misuse byMembers and officers.

1.2 Planning Officers follow strict rules concerning the unauthorised preparation andsubmission of plans and documents for private purposes within the district. All officersare bound by the staff code of conduct, which sets out procedures to be followedwhen they wish to submit a planning application.

1.3 Members must follow the Members’ Code of Conduct (MCC). While this does notspecifically refer to the planning system, it does provide that Members:

must not conduct themselves in a manner which could reasonably be regardedas bringing the office or authority into disrepute (3.2(e)).

must not use or attempt to use their position as a member improperly to confer onor secure an advantage or disadvantage for themselves or others (5).

must, when using or authorising the use of authority resources (i) act inaccordance with the authority's reasonable requirements; (ii) ensure that suchresources are not used improperly for political purposes (including party politicalpurposes) (6, 6.1).

disclose to that Meeting the existence and nature of a Disclosable PecuniaryInterest (‘DPI’), or Personal Interest or Prejudicial interest at the commencementof that Meeting, or when the interest becomes apparent (9.1(a); 12.1 & 13.1). Forthis purpose, a Meeting includes any meeting of the authority, as well asmeetings with Council officers, site visits and advisory groups. For the fulldefinition of Meeting, see paragraph 1.5 of the Member Code of Conduct.

must withdraw from a meeting if they have a DPI, or Prejudicial Interest, unless adispensation has been granted, or in the case of Prejudicial Interests (and not aDPI, the Member is exercising a Speaking Right under the Code . If the Memberis exercising a Speaking Right, they must do so and then withdraw from theMeeting as soon as this has taken place. The Speaking Right does not apply tomeetings with Officers or site visits. For the full definition of Interests/ or SpeakingRights see paragraphs 1.5 and 7 of the Member Code of Conduct.

This guidance is given to assist Members to follow the provisions of the Code ofConduct. It also serves to inform Members of the public and other parties in theplanning system of the standards of conduct they can expect from members.

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2.0 MEMBERS MAKING PLANNING APPLICATIONS

2.1 Members wishing to make a planning application should:

(i) First notify the Monitoring Officer in writing of their intention,(ii) Appoint an agent to deal with all aspects of the case,(iii) Not take part in any direct discussions with Planning Officers, other Members or

representatives of other bodies covering the matter, and(iv) Not attend meetings that might be arranged to discuss any aspect of the case,

including site visits.

2.2 Applications made by or on behalf of Members and which are recommended forapproval, will always be referred to the Planning Committee for determination exceptin the case of minor householder applications, for example home extensions, wherethere are no objections following the consultation process. Cases which are reportedto the Planning Committee will state that the application is made by or on behalf of aMember and will include a note by the Monitoring Officer on whether or not to thebest of their knowledge the application has been dealt with in accordance with thisguidance.

2.3 Applications for planning permission by Members/ or their spouse or partners areDPIs, where they own the land. Equally if they do not own the land, but have acontract with the authority for sale of that land with the authority, then that will be aDisclosable Pecuniary Interest. All those matters should be conducted through anagent. Participation by the Member in any Meeting where a Member’s DPI isconsidered may lead to criminal proceedings being taken against them and criminalsanctions. In addition, applications by the Member’s family or by people with whom aMember has a close friendship are likely to give rise – even if made through an agent– to a clear Prejudicial Interest and Members should not participate in anydiscussions relating to such applications directly with officers from the planning team,or attend meetings to discuss these with officers from the planning team. Membersshould not participate in meetings where these Prejudicial Interests are considered,and should leave the room, unless they are exercising a Speaking Right, and oncethis Speaking Right has been exercised, they should leave the Meeting Room.Members should note, once again, that the Speaking Right does not apply toMeetings with Officers or site visits.

2.4 Members of the Planning Committee may have a Personal Interest in applicationmade by another Member and will need to carefully consider whether or not they alsohave a Prejudicial Interest as defined in the Code of Conduct. Applications wouldneed to be made to the Monitoring Officer for a dispensation by any of the Memberswho considered themselves to have a Prejudicial Interest but who wished toparticipate in the decision, under any allowable criteria set out in Appendix B to theMember Code of Conduct.

2.5 Members who are on the Planning Committee and are likely to submit a number ofplanning applications should consider resigning from the Committee.

2.6 Serving Councillors who are Members of Planning Committee should never act asagents for individuals (including a company, group or body) pursuing a planningmatter.

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3.0 MEMBERSHIP OF THE PLANNING COMMITTEE

3.1 Members should not seek, or accept, membership of any committee if that wouldinvolve them in disclosing an interest so often that they could be of little value to thecommittee, or if it would be likely to weaken public confidence in the duty of thecommittee to work solely in the general public interest. No Member should thereforeseek or accept appointment to the Planning Committee where they, or a body inwhich they have a DPI and are involved in the planning system, construction ordevelopment.

3.2 Members shall be appointed to the Planning Committee are deemed to have agreedto undertake training in planning policies and procedures, provided through theCouncil.

4.0 LOBBYING OF MEMBERS

4.1 Generally all citizens have the democratic right to have their views heard by theirelected representatives. A ward councillor has a constituency responsibility to be intouch with local opinion on local issues, and to advise on general problems ofconstituents and on individual cases. For example, a constituent may be looking forhelp from a Member in obtaining, opposing or finding out more about a planningpermission. There is no problem if the councillor listens to the constituent and informshim or her about how best to pursue the matter. However, Members should avoidindicating the likely decision on an application or otherwise committing the authorityduring contact with applicants and objectors.

4.2 Members may often be asked to act as mediators between objectors and developers.Generally it is better in such circumstances either to arrange for the 2 sides to meet buttake no part in the proceedings, or to advise both sides, to put their views through therelevant planning officer. This is because it is important that Members are not seen tohave prejudged the issue.

4.3 Any Member who has an interest in an application should reveal this interest tolobbyists where possible. A Member with a DPI or Prejudicial Interest should informlobbyists that they cannot take any part in the determination of the application, thatthey must not even discuss the matter with officers from the planning team and theyshould refer the lobbyists to another Member.

Lobbying of Planning Committee Members4.4 Problems arise when the constituent expects more from a Member who is on the

Planning Committee. They may wish the Councillor to advocate that an applicationshould be given permission, or promise to vote for it, or organise opposition to it orenter into discussions to counteract the views of objectors. A Member can easily findhis or her position prejudiced by becoming drawn into participating in advocacy,lobbying and the use of pressure on other Members. For Members of the PlanningCommittee this is the line which it is unwise to cross because the Member will be indanger of being unfair or prejudiced.

4.5 It is up to the individual Member of the Planning Committee to decide the extent towhich it is wise to allow lobbying. The receipt of information seems acceptable butbeing urged to give support should be the "break-off point". Anything more than that,such as suggestions of a pact to arrange support or being asked to lobby, put theindividual councillor in an invidious position and should be rejected. Members mayfind this difficult when they live in their ward, there are relatively few electors and

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everyone knows each other. Any constituent trying to put inappropriate pressure onMembers to support an application is in danger of urging them to breach theirfiduciary duty. Members need to make their decision in accordance with the planningmerits of the application and the principles of decision making contained in theConstitution. Members may find it helpful to provide constituents with a copy of thisguidance.

4.6 Members should make oral declarations at Planning Committee meetings ofsignificant contact with applicants and objectors, in addition to the usual disclosuresof interests, as required under the Member Code of Conduct.

4.7 Lobbyists frequently ask Members to meet them on or near the site Members shouldrefer to paragraph 7 of this guidance if that occurs.

5.0 LOBBYING BY MEMBERS

5.1 Members must not use their position to improperly secure for themselves or any otherperson an advantage or disadvantage. This means that they must follow the sameguidance that applies to constituents. While they can pass on information and seek topersuade the Members of the Planning Committee on their point of view, they mustnever expect or seek Committee Members to commit themselves to a particular viewbefore they have considered all the relevant information at the meeting.

5.2 Members who have a DPI or Prejudicial Interest in an application must not lobbyother Members, nor should they directly discuss the application with PlanningOfficers or submit written representations. If Members have a Personal Interest, theyshould disclose this to the Member they are lobbying. Members with a DPI shouldappoint an agent to act on their behalf. If this is a matter where the Member does nothave a DPI, but are nevertheless making an application for planning permission (if,for example, it relates to land that the Member does not own, or have a beneficialinterest in yet, this will be a Prejudicial Interest and Members must appoint an agentto deal with the matter on their behalf. If they have a Prejudicial Interest in a planningapplication for other reasons, then they may wish to appoint an agent to act on theirbehalf if they wish to raise concerns about the application with Planning Officers,They may attend the Planning Committee Meeting, if they intend to exercise aSpeaking Right and once exercised, must then leave the Meeting. Any appointedagent will have the same rights of access to the Committee and to officers as anyother member of the public. Members with a DPI in an application may not act onbehalf of their constituents, and should follow the guidance given in paragraph 4.3when receiving such requests. Where the Member has not made the application, buthas a Prejudicial Interest in an application, they may attend the Planning Meetingwhere the application is considered, if they wish to represent their constituents in thematter; however, they may only do so by exercising a Speaking Right and thenwithdraw as outlined above and should inform their constituents of the limit to theirability to represent them fully in the application.

5.3 Other Members frequently ask Members to meet them on or near the site. Membersshould refer to paragraph 7 of this guidance if that occurs.

6.0 CONSIDERING APPLICATIONS

6.1 All applications considered by the Planning Committee must be the subject of fullwritten reports from officers with recommendations. The recommendations must bethose of a Planning Officer exercising their professional judgement. No Member shall

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seek to compromise a Planning Officer’s professional judgement in therecommendation that they make in relation to any application.

6.2 The consideration of a planning application must never be the subject of a whipimposed by a political Group and there should not be political Group meetings beforemeetings of the Planning Committee to discuss applications. The view of theOmbudsman is that the use of political whips at group meetings in this way amountsto maladministration.

6.3 No Member of the Committee will participate in the determination of any applicationin which they have a DPI or Prejudicial Interest or in which they have publiclyexpressed a conclusive view prior to the Committee meeting ie they have a “closedmind”. Section 25 of the Localism Act 2011 provides that “Prior indications of viewof a matter not to amount to predetermination etc”. However, Councillors or co-opted Councillors are still required to keep an open mind on Council decisions.Councillors will not necessarily be seen to have a closed mind if a “decision makerhas previously done anything that directly or indirectly indicated what view thedecision-maker took, or would or might take in relation to the matter and” this is“relevant to the decision”5 In practice this should mean that Councillors can engagewith the public/ developers/ applicants and objectors prior to decisions and evencampaign against certain developments, without being prevented from participationin the decision-making Committee. However, for Planning Committees, which areadministrative decision making bodies, it will be difficult to give the impression of anopen mind, where Councillors have had a high level of involvement or makeparticularly strong statements in favour or against proposals before a decision istaken. Members are therefore encouraged to exercise caution. Members should seekadvice from the Monitoring Officer if you have been involved in this way and are dueto sit on any Committee/ or Sub-Committee making a relevant decision. Furthermore,membership of a lobby group that has expressed views directly relating to theplanning application may constitute a Personal Interest. Residence in part of thedistrict which will be particularly affected by a planning application usually constitutesa Personal Interest which should be declared. Members must consider eachparticular situation on its merits and, if in doubt about whether the decision may affecta DPI or amount to a Prejudicial Interest, should seek advice from the MonitoringOfficer. Their continued involvement could amount to maladministration and/or biasand/or predetermination that could invalidate the decision. If a Member participates ina Meeting in which he or she has a DPI then this may lead to criminal proceedingsbeing taken against them and criminal sanctions.

6.4 Taking account of the need to make decisions impartially and only after having heardall the relative evidence and argument at Committee, Members should not openlyand finally declare which way they intend to vote in advance of Planning Committee.To do so without all relevant information and views would be unfair and may amountto maladministration.

6.5 In discussing, and then determining a planning application or any other planningmatter, Members will take into account the planning merits of the case and thereasons for making a final decision should be clear and convincing and supported byplanning evidence. If Members wish to refuse/approve an application against officeradvice, or impose additional conditions to a permission, the reasons must be clearlystated in the decision. In addition, a detailed minute of the Committee’s reasons willbe placed on the application file.

5 (s25(2)(a)&(b) Localism Act 2011.

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7.0 SITE VISITS

7.1 Site visits can often be a useful part of the decision making process, helpingMembers to understand the physical context of the site proposals. However, thereare dangers for Members, whether on the Planning Committee or not, in attendinginformal visits.

7.2 While Members are free to view the site and its context for the nearest publichighway or other public land they are advised not to meet and/or discuss applications(on site or elsewhere) with applicants, their agents, objectors, other than as part of aformal organised Planning Committee site visit. Where Members feel it isappropriate to attend such a meeting they will wish to consider whether to take anofficer or other Member with them.

7.3 The Planning Committee has adopted a 'Site Visit Protocol’, which will be followed atall formal committee site visits.

8.0 PLANNING COMMITTEE MEMBERS WHO ARE ALSO PARISH COUNCILLORS

8.1 Being a Parish or Town Councillor who also sits on the District Planning Committeedoes not automatically create any interest. An interest will only exist where theplanning application being considered directly affects the "other" authority. Where aninterest arises from membership of another body or authority, it is most likely to be aPersonal one, but may be Prejudicial. If the Member has a Personal Interest, thenthey are required under the Member Code to declare this, but this does not prevent aMember participating in the debate or voting on an issue. If Members are unclearthey should seek advice from the Monitoring Officer before the Planning Meeting. Ifthis is Prejudicial, then the Member may still exercise a Speaking Right and mustthen retire from the Meeting room whilst the debate and voting takes place.

8.2 A Parish or Town Councillor who also sits on the Planning Committee must becareful to keep an open mind and should not give the impression that they havemade up their mind on a planning application before the meeting of the Committeewhere a decision is due to be made. At the Planning Committee meeting they canthen consider all the issues, including the officer's report.

8.3 A Member of the Planning Committee who participates in the consideration of theapplication, firstly through the Parish Council/ or a Sub-Committee of the ParishCouncil, should expressly state (and be noted in the minutes of the meeting) that aprovisional view was taken and that the matter will be reconsidered in the light of allrelevant documents and representations at the Planning Committee meeting.Provided that this approach is followed there is no objection in principle to a Membervoting at both Parish/Town and District level. Members may prefer to be cautious andnot speak or vote at the Parish or Town Council. In this case there is no objection tothe Member listening to the debate at the Parish or Town Council.

8.4 In relation to Parish or Town Councillors who are not on the District PlanningCommittee or who feel that the issue is so important that they wish to campaignactively on it, there are no restrictions. Such Members can express their views atboth Parish and District level but, obviously, will not be able to vote on the planningapplication at District level.

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9.0 FURTHER GUIDANCE

9.1 Members requiring further guidance should refer their enquiries to the MonitoringOfficer. Members should also take note of their obligations to register gifts andhospitality, and the affect on participation of any meeting that this may have.

10. BIAS AND PRE-DETERMINATION

(Note: this is a Common Law issue which is outside and dealt with separately fromthe Members’ Code of Conduct)

10.1 Members will note that section 25 Localism Act 20116 has attempted to revise theposition in relation to bias and predetermination, for all decisions taken after this wasenacted. This section provides:“Prior indications of view of a matter not to amount to predetermination etc(1) Subsection (2) applies if—(a) as a result of an allegation of bias or predetermination, or otherwise, there is anissue about the validity of a decision of a relevant authority, and(b) it is relevant to that issue whether the decision-maker, or any of the decision-makers, had or appeared to have had a closed mind (to any extent) when making thedecision.(2) A decision-maker is not to be taken to have had, or to have appeared to havehad, a closed mind when making the decision just because—(a) the decision-maker had previously done anything that directly or indirectlyindicated what view the decision-maker took, or would or might take, in relation to amatter, and(b) the matter was relevant to the decision.”

10.2 Members are still required to have an open mind, and in terms of the common lawperspective, much of the previous caselaw would still be applicable, until thisprovision has been fully tested in Court. Therefore, when coming to a decisionwhether to take part in a Planning Committee application decision, Members areasked to consider “would a fair-minded observer, knowing the background, considerthat there was a real possibility of bias arising from a particular councillor being amember of the relevant decision-making body?” and “whether, from the point of viewof the fair-minded and informed observer, there was a real possibility that theplanning committee or some of its members were biased in the sense of approachingthe decision with a closed mind and without impartial consideration of the planningissues”.

10.3 Pre-determination occurs when a member effectively has a closed mind whenapproaching a planning application. It is objectively determined i.e. it is what appearsto the public. Pre-determination is likely to be evidenced by previous statements bythe Member either at meetings or in the Press, that he is determinedly for or againsta proposal.

10.4 Members who have demonstrated that they have a closed mind prior to a decisionbeing taken should not participate at all in the decision-making process, as if they dothere is a strong risk that the decision will be vulnerable to being quashed and that afinding of maladministration would be made against the Council.

6 In force from 15 January 2012

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CONSTITUTION

PART 5

THE ROLE OF ELECTED MEMBERS IN RELATION TO LICENSING COMMITTEEHEARINGS UNDER THE LICENSING ACT 2003

1.0 INTRODUCTION

1.1 The Licensing Act 2003 transfers to the Council the decision making on licences forregulated entertainment and the provision of alcohol, as well as late nightrefreshment. Concerns regarding this shift in responsibility have centred arounddoubts surrounding the impartiality of Councillors and especially as regards thosewho will make-up the Licensing Committee deciding upon applications. This concernarises from a view that Councillors are subject to local political pressures and a beliefthat they will regard the views of local residents as taking precedence over the otherinterests of their communities.

1.2 The role of an elected Member on the Licensing Committee will involve balancing themultiple needs and interests of the local community, whilst prioritising the 4 LicensingObjectives of the Licensing Act 2003. In doing so the elected Member must maintainhis/her impartiality and, as public perception of probity is critical, his/her appearanceof impartiality too, during the decision making process. This guidance is intended toassist local authorities to ensure their elected Members achieve this, therebyprotecting themselves and the Council from accusations of maladministration orjudicial review proceedings.

1.3 The guidance within is written with all elected Members in mind, whether they sit on aLicensing Committee or not.

1.4 Members must follow the Members’ Code of Conduct (MCC). While this does notspecifically refer to the Licensing system, it does provide that Members:

must not conduct themselves in a manner which could reasonably be regardedas bringing the office or authority into disrepute (3.2(e)).

must not use or attempt to use their position as a member improperly to confer onor secure an advantage or disadvantage for themselves or others (5).

must, when using or authorising the use of authority resources (i) act inaccordance with the authority's reasonable requirements; (ii) ensure that suchresources are not used improperly for political purposes (including party politicalpurposes) (6, 6.1).

disclose to that Meeting the existence and nature of a Disclosable PecuniaryInterest (DPI), or Personal Interest or Prejudicial interest at the commencementof that Meeting, or when the interest becomes apparent (9.1(a); 12.1 & 13.1). Forthis purpose, a Meeting includes any meeting of the authority, as well asmeetings with Council officers, site visits and advisory groups. For the fulldefinition of Meeting, see paragraph 1.5 of the Member Code of Conduct.

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must withdraw from a meeting if they have a DPI, or Prejudicial Interest, unless adispensation has been granted, or in the case of Prejudicial Interests (and not aDPI, the Member is exercising a Speaking Right under the Code . If the Memberis exercising a Speaking Right, they must do so and then withdraw from theMeeting as soon as this has taken place. The Speaking Right does not apply tomeetings with Officers or site visits. For the full definition of Interests/ or SpeakingRights see paragraphs 1.5 and 7 of the Member Code of Conduct.

1.5 This guidance is given to assist Members to follow the provisions of the Code ofConduct. It also serves to inform Members of the public and other parties in thelicensing system of the standards of conduct they can expect from members.

2.0 MEMBERS MAKING LICENSING APPLICATIONS

2.1 Members wishing to make a licensing application should:

(i) First notify the Monitoring Officer of their intention,(ii) Appoint an agent to deal with all aspects of the case,(iii) Not take part in any direct discussions with the Licensing Officer or other

Council Officers, other Members or representatives of other bodies coveringthe matter, and

(iv) Not attend meetings (formal or informal) that might be arranged to discuss anyaspect of the case, including site visits.

2.2 Applications made by or on behalf of Members will always be referred to theLicensing Committee for determination. The report will state that the application ismade by or on behalf of a Member and will include a note by the Monitoring Officeron whether or not to the best of their knowledge the application has been dealt within accordance with this guidance.

2.3 Applications made by Members/ or their spouses or partners are likely to be DPIs,where the application affects their employment, trade or profession. If this appliesthen the application and process should be conducted through an agent.Participation by the Member in any Meeting where a Member’s DPI is consideredmay lead to criminal proceedings being taken against them and criminal sanctions. Inaddition, applications by the Member’s family or by people with whom a Member hasa close friendship are likely to give rise – even if made through an agent – to a clearPrejudicial Interest and Members should not participate in any discussions relating tosuch applications directly with officers from the licensing team, or attend meetings todiscuss these with officers from the licensing team. Members should not participatein meetings where these Prejudicial Interests are considered, and should leave theroom, unless they are exercising a Speaking Right, and once this Speaking Right hasbeen exercised, they should leave the Meeting Room. Members should note, onceagain, that the Speaking Right does not apply to Meetings with Officers or site visits.

2.4 Members of the Licensing Committee may have a Personal Interest in applicationmade by another Member and will need to carefully consider whether or not they alsohave a Prejudicial Interest as defined in the Code of Conduct. Applications wouldneed to be made to the Monitoring Officer for a dispensation by any of the Memberswho considered themselves to have a Prejudicial Interest but who wished toparticipate in the decision, under any allowable criteria set out in Appendix B to theMember Code of Conduct.

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2.5 Members who are on the Licensing Committee and are likely to submit a number oflicensing applications should consider resigning from the Committee.

3.0 MEMBERSHIP OF THE LICENSING COMMITTEE

3.1 Members should not seek, or accept, membership of any committee if that wouldinvolve them in disclosing an interest so often that they could be of little value to thecommittee, or if it would be likely to weaken public confidence in the duty of thecommittee to work solely in the general public interest. No Member should thereforeseek or accept appointment to the Licensing Committee where they, or a body inwhich they have a DPI and are involved in the licensing system or trades.

3.2 No Member shall be appointed to the Licensing Committee without having agreed toundertake training in relevant licensing matters provided through the Council.

4.0 LOBBYING OF MEMBERS

4.1 All citizens have the democratic right to have their views heard by their electedrepresentatives. A ward Councillor has a constituency responsibility to be in touch withlocal opinion on local issues, and to advise on general problems of constituents and onindividual cases. For example, a constituent may be looking for help from a Member inobtaining, opposing or finding out more about a licensing permission. There is noproblem if the Councillor listens to the constituent and informs him or her about howbest to pursue the matter. However, Members should avoid indicating the likelydecision on an application or otherwise committing the authority during contact withapplicants and objectors.

4.2 Where a Member wishes to assist either an applicant or an objection in relation to alicensing matter they may do so, but they will not then be able to sit as a member of ahearing determining that application – only to attend on behalf of the party whose viewsthey are representing.

4.3 Any Member who has an interest in an application should reveal this interest tolobbyists where possible. A Member with a DPI or Prejudicial Interest should informlobbyists that they cannot take any part in the determination of the application, thatthey must not even discuss the matter with officers from the licensing team and theyshould refer the lobbyists to another Member.

Lobbying of Licensing Committee Members

4.4 Problems can arise when the constituent expects more than is appropriate from aMember who is on the Licensing Committee. They may wish the Councillor toadvocate that an application should be given permission, or promise to vote for it, ororganise opposition to it or enter into discussions to counteract the views of objectors.A Member can easily find his or her position prejudiced by becoming drawn intoparticipating in advocacy, lobbying and the use of pressure on other Members. ForMembers of the Licensing Committee this is the line, which it is unwise to crossbecause the Member will be in danger of being unfair or prejudiced.

4.5 It is up to the individual Member of the Licensing Committee to decide the extent towhich it is wise to allow lobbying. The receipt of information seems acceptable butbeing urged to give support should be the "break-off point". Anything more than that,such as suggestions of a pact to arrange support or being asked to lobby, put theindividual Councillor in an invidious position and should be rejected. Members may

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find this difficult when they live in their ward, there are relatively few electors andeveryone knows each other. Any constituent trying to put inappropriate pressure onMembers to support an application is in danger of urging them to breach their fiduciaryduty. Members need to make their decision in accordance with the licensing objectivesand the principles of decision making contained in the Constitution. Members may findit helpful to provide constituents with a copy of this guidance.

4.6 Members should make oral declarations at Licensing Committee meetings/hearings ofsignificant contact with applicants and objectors, in addition to the usual disclosures ofpersonal and prejudicial interests.

5.0 LOBBYING BY MEMBERS

5.1 Members must not use their position to improperly secure for themselves or any otherperson an advantage or disadvantage. This means that they must follow the sameguidance that applies to constituents. While they can pass on information and advisethe Members of the Licensing Committee on their point of view, they must neverexpect or ask Committee Members to commit themselves to a particular view beforethey have considered all the relevant information at the meeting.

5.2 Members who have a DPI or Prejudicial Interest in an application must not lobbyother Members nor should they directly discuss the application with LicensingOfficers or submit written representations. If Members have a Personal Interest, theyshould disclose this to the Member they are lobbying. Members with a DPI shouldappoint an agent to act on their behalf. If this is a matter would amount to aPrejudicial Interest then Members may wish to appoint an agent to act on their behalfif they wish to raise concerns about the application with Licensing Officers. They mayattend the Licensing Committee Meeting, if they intend to exercise a Speaking Rightand once exercised, must then leave the Meeting. Any appointed agent will have thesame rights of access to the Committee and to officers as any other member of thepublic. Members with a DPI that is affected by an application, may not act on behalfof their constituents, and should follow the guidance given in paragraph 4.3 whenreceiving such requests. Where the Member has not made the application, but has aPrejudicial Interest in an application, they may attend the Licensing Meeting wherethe application is considered, if they wish to represent their constituents in the matter;however, they may only do so by exercising a Speaking Right and then withdraw, asoutlined above and should inform their constituents of the limit to their ability torepresent them fully in the application.

6.0 CONSIDERING APPLICATIONS

6.1 No Member shall seek to compromise any Officer’s professional judgement in theadvice that they give in relation to any application.

6.2 The consideration of a licensing application must never be the subject of a whipimposed by a political Group and there should not be political Group meetings beforemeetings of the Licensing Committee to discuss applications.

6.3 No Member of the Committee will participate in the determination of any applicationin which they have a DPI or Prejudicial Interest or in which they have publiclyexpressed a conclusive view prior to the Committee meeting ie they have “a closedmind”. Section 25 of the Localism Act 2011 provides that “Prior indications of viewof a matter not to amount to predetermination etc”. However, Councillors or co-opted Councillors are still required to keep an open mind on Council decisions.

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Councillors will not necessarily be seen to have a closed mind if a “decision makerhas previously done anything that directly or indirectly indicated what view thedecision-maker took, or would or might take in relation to the matter and” this is“relevant to the decision”7 In practice this should mean that Councillors can engagewith the public/ developers/ applicants and objectors prior to decisions and evencampaign against certain developments, without being prevented from participationin the decision-making Committee. However, for Licensing Committees, which arequasi-judicial decision making bodies, it will be difficult to give the impression of anopen mind, where Councillors have had a high level of involvement or makeparticularly strong statements in favour or against proposals before a decision istaken. Members are therefore encouraged to exercise caution. Members should seekadvice from the Monitoring Officer if you have been involved in this way and are dueto sit on any Committee/ or Sub-Committee making a relevant decision. Furthermore,membership of a lobby group that has expressed views directly relating to thelicensing application may constitute a Personal Interest. Residence in part of thedistrict, which will be particularly affected by a licensing application usuallyconstitutes a Personal Interest, which should be declared. Similarly regular use ormembership of premises the subject of a licensing application is also likely toconstitute a Personal Interest. Members must consider each particular situation onits merits and, if in doubt about whether the decision may affect a DPI or amount to aPrejudicial Interest, should seek advice from the Monitoring Officer. If a Memberparticipates in a Meeting in which he or she has a DPI, then this may lead to criminalproceedings being taken against them and criminal sanctions.

7.0 LICENSING COMMITTEE MEMBERS WHO ARE ALSO PARISH COUNCILLORS

7.1 Being a Parish or Town Councillor who also sits on the District Council’s LicensingCommittee does not automatically create any interest. An interest will only existwhere the licensing application being considered directly affects the "other" authority.Where an interest arises from membership of another body or authority, it is mostlikely to be a Personal one, but may be Prejudicial. If the Member has a PersonalInterest, then they are required under the Member Code to declare this, but this doesnot prevent a Member participating in the debate or voting on an issue. If Membersare unclear they should seek advice from the Monitoring Officer before the LicensingMeeting. If this is Prejudicial, then the Member may still exercise a Speaking Rightand must then retire from the Meeting room whilst the debate and voting takes place.

7.2 A Parish or Town Councillor who also sits on the Licensing Committee must becareful to keep an open mind and should not give the impression that they havemade up their mind on a licensing application before the meeting of the Committeewhere a decision is due to be made. At the Licensing Committee meeting they canthen consider all the issues.

7.3 A Member of the Licensing Committee who participates in any consideration of anylicensing application firstly through the Parish Council/ or a Sub-Committee of theParish Council should expressly state (and be noted in the minutes of the meeting)that a provisional view was taken and that the matter will be reconsidered in the lightof all relevant documents and representations at any Licensing Committee hearing.Provided that this approach is followed there is no objection in principle to a Membervoting at both Parish/Town and District level. Members may prefer to be cautious andnot speak or vote at the Parish or Town Council. In this case there is no objection tothe Member listening to the debate at the Parish or Town Council.

7 (s25(2)(a)&(b) Localism Act 2011.

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7.4 In relation to Parish or Town Councillors who are not on the District LicensingCommittee or who feel that the issue is so important that they wish to campaignactively on it, there are no restrictions. Such Members can express their views atboth Parish and District level but, obviously, will not be able to vote on the licensingapplication at District level.

8.0 FURTHER GUIDANCE

8.1 Members requiring further guidance should refer their enquiries to the MonitoringOfficer. Members should also take note of their obligations to register gifts andhospitality and the affect on participation of any meeting that this may have. Pleasealso see the Guidance on Planning for Members in relation to bias and pre-determination.

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CONSTITUTION

PART 6

MEMBERS' ALLOWANCE SCHEME

The East Cambridgeshire District Council, in exercise of the powers conferred by the LocalAuthorities (Members’ Allowances) (England) Regulations 2003, hereby make the followingscheme.

This scheme shall have effect for the current year commencing from 1 April 2009 and forsubsequent years from 1st April to 31st March, updated as appropriate.

1.0 Basic Allowance

1.1 Subject to paragraph 8, for each year a basic allowance, as specified in the Appendixto this scheme, shall be paid to each Councillor.

2.0 Special Responsibility Allowances

2.1 Subject to paragraph 8, for each year a special responsibility allowance shall be paid tothose Councillors who hold the special responsibilities in relation to the Council that arespecified in the Appendix to this scheme.

3.0 Travelling and Subsistence Allowances and Venue hire for “Member surgeries”

3.1 The current rates for travelling and subsistence are as follows:

(a) Private Cars

47.7 pence per mile1

(b) Motorcycle and Cycle

Cycles 5p per mileMotorcycles up to 125cc over 125ccUp to 4000 milesa. 3rd party insurance 18.38p / mile 27.92p / mileb. Comprehensive insurance 20.36p 31.86p

Over 4000 miles 7.77p / mile 11.36p / mile

(c) Public Transport

Necessary travel to be refunded on receipt of claims, paid at Standard orSecond Class rate.

1Council resolution 14.10.08: To be revalorised in line with Local Government Employers circulars in accordance with IRP

recommendation. However as part of overall Council Budget approved by full Council on 23.02.10 Members Allowances frozenin 2010-2011.

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(d) Day Subsistence

Day subsistence guidelines from East of England Regional Assembly fromJanuary 1st 2007:

(i) Breakfast allowance (More than 4 hours away from normal place ofresidence or where the authority permits, a lesser period, before 11am) £6.72;

(ii) Lunch allowance (more than 4 hours away from normal place ofresidence or where the authority permits, a lesser period, including thelunchtime between 12 noon and 2 pm) £9.28;

(iii) Tea allowance (more than 4 hours away from normal place ofresidence or where the authority permits, a lesser period, including theperiod 3 pm to 6 pm) £3.67;

(iv) Evening meal allowance (more than 4 hours away from the normalplace of residence or where the authority permits, a lesser period,ending after 7 pm) £11.49.

(e) Overnight Subsistence

For an absence overnight from the usual place of residence the rate will bebased on actual reimbursement for a reasonable area rate of accommodation.Guidance rates are available.

(f) Venue hire costs allowance for Member surgeries

Up to a maximum of £50 payable on each occasions towards the costs of hiringa venue for Member surgeries on the basis of a maximum of 4 per year perward.

Note that that Members should check with Democratic Services prior toincurring expenditure to see whether such an allowance has already beenpaid or incurred for the ward in question, otherwise the Member mayincur expenditure that they cannot reclaim.

4.0 Crèche or Dependent Carer’s Expenses

4.1 Not normally to exceed £25 per day (any higher amounts to be agreed by Head ofFinance) on self-certification by claimants.

5.0 Information and Communication Technology Costs

5.1 An annual budget of up to £375 for each Member who chooses not to be providedwith Council ICT facilities. Payment is subject to the presentation of receiptedclaims.

6.0 Indexation

6.1 Since the recommended scheme ties allowances and travel expenses (up to InlandRevenue maximum amount) to those of council employees, they will automatically be

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indexed along with the latter. For those expenses not covered by the APT& C paysettlement, etc, indexation should be carried out annually using RPI.

7.0 Renunciation

7.1 A Councillor may by notice in writing given to the Head of Finance elect to forego anypart of his entitlement to an allowance under this scheme.

8.0 Part-year Entitlements

8.1 The provision of this paragraph shall have effect to regulate the entitlements of aCouncillor to basic and special responsibility allowances where, in the course of a year,this scheme is amended or that Councillor becomes, or ceases to be, a Councillor, oraccepts or relinquishes a special responsibility in respect of which a specialresponsibility allowance is payable.

8.2 If an amendment to this scheme changes the amount to which a Councillor is entitledby way of a basic allowance or a special responsibility allowance, then in relation toeach of the periods.

(a) beginning with the year and ending with the day before that on which the firstamendment in that year takes effect, or

(b) beginning with the day on which an amendment takes effect and ending withthe day before that on which the next amendment takes effect, or (if none) withthe year

the entitlement to such an allowance shall be to the payment of such part of theamount of the allowance under this scheme as it has effect during the relevant periodas bears to the whole the same proportion as the number of days in the period bears tothe number of days in the year.

8.3 Where the term of office of a Councillor begins or ends otherwise than at the beginningor end of a year, the entitlement of that Councillor to a basic allowance shall be to thepayment to such part of the basic allowance as bears to the whole the same proportionas the number of days during which his term of office subsists bears to the number ofdays in that year.

8.4 Where this scheme is amended as mentioned in sub-paragraph 8.2 and the term ofoffice of a Councillor does not subsist throughout the period mentioned in sub-paragraph 8.2(a) the entitlement of any such Councillor to a basis allowance shall be tothe payment of such part of the basic allowance referable to each such period(ascertained in accordance with that sub-paragraph) as bears to the whole the sameproportion as the number of days during which his term of office as a Councillor or ofdays in that period.

8.5 Where a Councillor has during part of, but not throughout, a year such specialresponsibilities as entitle him or her to a special responsibility allowance, thatCouncillor's entitlement shall be to payment of such part of that allowance as bears tothe whole the same proportion as the number of days during which he has suchspecial responsibilities bears to the number of days in that year.

8.6 Where this scheme is amended as mentioned in sub-paragraph 8.2, and a Councillorhas during part, but does not have throughout the whole, of any period mentioned in

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sub-paragraph 8.2(a) of that paragraph any such special responsibilities as entitle himor her to a special responsibility allowance, that Councillor's entitlement shall be topayment of such part of the allowance referable to each such period (ascertained inaccordance with that sub-paragraph) as bears to the whole the same proportion as thenumber of days in that period during which he or she has such special responsibilitiesbears to the number of days in that period.

9.0 Payments

9.1 Payments shall be made in respect of basic and special responsibility allowances bymonthly instalments paid in arrears.

9.2 Where payment of an instalment of basic allowance or special responsibility allowancewould result in the Councillor receiving more than the amount to which, by virtue ofparagraph 6.0, he or she is entitled, the payment shall be restricted to such amount aswill ensure that no more is paid than the amount to which he or she is entitled.

9.3 All payments for childcare/dependent carers’ allowance will be made against receiptedinvoices only. Invoices should be submitted on a calendar month basis to theDemocratic Services Officer by no later than the 5th of the following month. Theallowance will be paid through the payroll system one month in arrears. All claimsunder paragraphs 3, 4 & 5 (for travel and subsistence, Venue hire for “Membersurgeries”, crèche or dependent carer’s expenses Information, orcommunication technology) must be made within 3 months of this beingincurred or being invoiced by a provider. The Head of Finance or Head of Legal &Democratic Services may authorise payments to members outside of this period, inextenuating circumstances, on the written application of the member concerned.

9.4 No allowances to Members will be pensionable.

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MEMBERS’ ALLOWANCESi APPENDIX

(1) Basic Allowance Each Councillor £4069

(2) Special Responsibility Allowance Chair Vice ChairCommunity & Environment Committee £2452 £613Development & Transport Committee £2452 £613Finance & Governance £2452 £613Personnel & Corporate Services Committee £2452 £613

Planning Committee £2452 £1226Licensing Committee £1666 £416

Scrutiny Committee £1666 £416Neighbourhood Panels N/A N/AWorking Party and Sub Committee £ 37.17 per

month

Leader of Council £4906Deputy Leader of Council £1636Leader of Conservative Group £1636Leader of Liberal Democrats £1636Leader of Group of Independents £ 362

Group Spokespersons Allowance to be paid to the Liberal Democrats for those sittingon Policy Committees and Planning Committee, Group Spokes persons for ScrutinyCommittee and to the Independent Spokesperson on Planning Committee at 10% ofthe relevant Chairman’s Special Responsibility Allowance.

(3) Co-Optees' Allowance

Parish/ Town Council Members of Finance & Governance Hearings Sub-Committee£250 per year

(4) Other Allowancesii

The following are paid pursuant to section 3(5) and 5(4) of the Local Government Act1972.Chair of the Council £ 3467Vice Chair of Council £ 926

NON-MEMBER ALLOWANCE – INDEPENDENT PERSON2

(1) Lead Independent Person £1000Deputy Independent Person £500

iAllowances reduced by 10% from 1 April 2011, Council resolution 22.02.11

ii NB: These "other allowances" are not formally part of the Councillor Allowance scheme but are included in this schedule forcompleteness and have been reduced under Council resolution 22.02.11

2 Note that these payments do not fall within the definition of Members allowances, however are included for informationpurposes.