Meeting of the Burnley Borough Council · The Mayor presented a Volunteer in Parks Awardcertificate and a small gift token to Steven Holloway to recognise the outstanding contribution

Meeting of the

Burnley Borough Council To be held at 4.00pm on

Wednesday 18th May 2016

Please note that phones and other equipment may be used to film, record, tweet or blog from this meeting. The

use of those images or recordings is not under the Council’s control. No part of the meeting room is exempt

from public filming. Under current legislation members of the public can film or record this meeting provided

they don’t disrupt the meeting.

Town Hall Burnley

10th May 2016

Sir or Madam,

Notice is given of the ANNUAL MEETING of the COUNCIL of the BOROUGH OF

BURNLEY to be held at the TOWN HALL, BURNLEY, on

Wednesday 18th

May 2016

starting at 4.00 p.m.

To transact the business specified below.

Lukman Patel Head of Governance, Law &

Regulation

Members of the public may ask a question, make a statement, or present a petition

relating to any matter for which the Council has a responsibility or which affects the Borough.

Notice in writing of the subject matter must be given to the Head of Governance, Law & Regulation by 5.00 pm on the day before the meeting. Forms can be obtained for this

purpose from the reception desk at Burnley Town Hall, Manchester Road or at the Contact Centre, Parker Lane, Burnley or from the web at: www.burnley.gov.uk/meetings.

Requests will be dealt with in the order in which they are received.

A G E N D A

1. Election of Mayor

To elect the Mayor of the Borough and Chair of the Council for the 2016/17 Municipal Year.

2. Vote of thanks to the retiring Mayor

To move a vote of thanks to the retiring Mayor for her services during the past municipal year.

http://www.burnley.gov.uk/meetings





3. Appointment of Deputy Mayor To appoint a Deputy Mayor and Vice Chair of the Council.

4. Mayor’s Communications

To receive communications (if any) from His Worship the Mayor.

Adjournment The meeting will adjourn for refreshments and reconvene at 6.30 pm

5. Minutes

To receive as read the minutes of the last meeting of the Council held on 13th April 2016 and to confirm them or otherwise (enclosed)

6. Declarations of Interest

To receive any declarations of interest.

7. Public Question Time To receive questions, statements or petitions (if any) from members of the

public.

8. Items for decision by the Council

Page Number

(a)

The Executive and their portfolios for 2016/17

To note the Executive and their portfolios for 2016/17 (document to follow)

x

(b) Appointments to Committees, Working Groups and Panels 2016/17 x

To appoint to committees, working groups and panels for the 2016/17 Municipal year (report enclosed)

(c) Appointment of Chairs and Vice Chairs of Scrutiny, Regulatory and

other Committees 2016/17 To consider the appointment of Chairs and Vice Chairs of Scrutiny,

Regulatory and other Committees for the 2016/17 Municipal year (enclosed)

x





(d) Appointments to Outside Bodies for 2016/17 To consider the appointment of representatives to serve on various

outside bodies for the 2016/17 Municipal year (report enclosed)

x

(e) Appointments to the Independent Remuneration Panel

To consider the appointment of representatives to serve on the Independent Remuneration Panel from 2016/17 Municipal year

(report enclosed)

x

(f) Updates to the Constitution

To consider updates to the constitution regarding delegated Officer

Decisions and Part 3 Proper Officer designations (report enclosed)

x

9. Questions

To deal with questions (if any) relating to matters not contained in the

Minutes before the Council and of which notice in writing has been received in accordance with Standing Order No 10 (2)

Minutes

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Full Council 18/05/2016 Page 1 of 3

BURNLEY BOROUGH COUNCIL

BURNLEY TOWN HALL

Wednesday 13th

April 2016

PRESENT

MEMBERS

Her Worship The Mayor Councillor Elizabeth Monk in the Chair;

Councillors Baker, Birtwistle, Briggs, Brindle, Campbell, Cant, Carmichael, Chaudhary, Cunningham, Ellis, Fleming, Foster, Frost, Graham, Harbour,

Harrison, Heginbotham, Hosker, Hussain, Isherwood, Ishtiaq, Johnstone, Arif Khan, Wajid Khan, Lishman, Martin, Mottershead, Newhouse, Pate, Porter,

Reynolds, Royle, Sumner, Tatchell, Towneley and Townsend

OFFICERS

Pam Smith

Lukman Patel Eric Dickinson

Imelda Grady David Farrar Claudia Wilcock

-

- -

- - -

Chief Executive

Head of Governance, Law and Regulation Democracy Officer

Democracy Officer Mayor’s Officer Business Administration Apprentice

72. Minutes

RESOLVED The Minutes of the meeting of the Council held on the 24th February 2016 were confirmed and signed by the Chair.

73. Mayor’s Communications

The Mayor presented a Volunteer in Parks Award certificate and a small gift token to Steven Holloway to recognise the outstanding contribution he has

made as a volunteer in Scott Park for more than three years.

74. Public Questions

Aslam Khan addressed the Council under the Request to Speak Policy on

Council Tax issues.

75. Petition Debate on the Market

Ann Pounder and Lorraine Duffy addressed the Council under the Request


to Speak Policy regarding the Market petition set out below.

“Petition against the demolition of the link bridge.

Burnley Council Executive has proposed plans to demolish the Open Market, the Service Deck and Ramp, the former site of Studio 123 (cinema) and the

Link Bridge. Market Hall stall holders understand the need for this, but disagree with the plan to demolish the Link Bridge.

We feel that this is an important entrance and exit point of the market hall, mostly for disabled, elderly and families with prams.

Please help us voice our concerns by signing our petition” With reference to the Council’s petition scheme, Members considered a

response to the petition.

It was MOVED by Councillor Sue Graham and seconded by Councillor Mark

Townsend;

“Not to take the action proposed in the petition for reasons of cost and unsuitability of access following the demolition works”

76. Adjournment of meeting

The Mayor adjourned the meeting to allow Members the opportunity to

consider an amendment.

77. The meeting reconvened at 7.30pm.

An amendment was MOVED by Councillor Isherwood and seconded by

Councillor Gordon Birtwistle to add the following words to the original motion;

“ …until further investigations of the information provided by the petitioners

and requested by the Councillors has been completed and brought back to Full Council for debate.”

On being put to the vote the amendment was lost.

On being put to the vote, the original motion was declared to be carried and it was RESOLVED ACCORDINGLY

78.

Combined Authority

Consideration was given to a report seeking agreement for the Council to become a constituent member of a Combined Authority for Lancashire.

RESOLVED (1) That the contents of the report be noted;

(2) That the appended response to the public consultation on the Combined Authority proposals be noted;


(3) That it be agreed for the Council to become a constituent member of a Lancashire Combined Authority and that proposals to do so be submitted to the Secretary of State;

(4) That In the interim period, that it be agreed to form a shadow

Lancashire Combined Authority; and (5) That any future proposals for a devolution deal with the Government

be brought back to Council for agreement.

79. Calendar of Meetings 2016/17

Consideration was given to the calendar of meetings for 2016/17.

RESOLVED That the calendar of meetings for 2016/17 be approved, based on the

current 10 week cycle and a reduction in Scrutiny Committees to 1 per cycle as set out in Appendix 1 to the report.

80. Scrutiny Chair’s Cycle 5 report

Consideration was given to the Scrutiny Chair’s report for cycle 5.

RESOLVED That the Cycle 5 report of the Scrutiny Chair be noted.

81. Strategic Plan Progress Reports

RESOLVED That the Strategic Plan Progress Reports of Executive Members be noted.

82. Exclusion of the Public

RESOLVED

That the public be excluded from the meeting before discussion took place on Minute 83 on the grounds that in view of the nature of the business to be

transacted, if the public were present there would be a disclosure to them of exempt information within the meaning of Part VA of the Local Government

Act 1972 relating to the financial or business affairs of any particular person (including the Authority holding that information)

83. Vision Park Phase 1

Further to Minute 107 (29th March 2016) of the Executive, consideration was given to the inclusion of £5,007,000 in the capital programme for 2015/16 and 2016/17 regarding the Vision Park Phase 1 project funded as

set out in paragraphs 17 and 18 of the report.

RESOLVED That approval be given for the Vision Park Phase 1 project with a total cost of £5,007,000 to be included in the capital programme for 2015/16 and 2016/17 funded as set out in paragraphs 17 and 18 of the report.

The Executive and their portfolios 2016/17

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a

Appointments to Committees, Working

Groups and Panels 2016/17

IT

EM

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ITEM NO

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Constitution and appointments of Committees, Working Groups, Forums and Panels for the 2016/17 Municipal Year

REPORT TO FULL COUNCIL

DATE 18/05/2016

PORTFOLIO None

REPORT AUTHOR Imelda Grady

TEL NO 01282 477258

EMAIL [email protected]

PURPOSE

1. To appoint Committees, Working Groups, Forums and Panels for the 2016/17 Municipal Year.

RECOMMENDATION

2. The Council is asked to:

(1) Approve the committees/sub-committees, working groups, forums and panels to be appointed as outlined in Appendix 1 to the report, including their size and terms of reference; and

(2) Approve the membership of each of the committees, working groups, forums and

panels as outlined in Appendix 2 REASONS FOR RECOMMENDATION

3. To comply with legislation and to ensure that the Council continues to have an effective decision making structure.

SUMMARY OF KEY POINTS

4. The Council is required at the beginning of the municipal year to decide which

committees, sub-committees, working groups, forums and panels to establish for the ensuing year and to make the appointments in accordance with the statutory political

balance calculation where relevant, and as required by the Local Government and Housing Act 1989.

5. A list detailing the nominations to serve on the committees, working groups, forums and panels will be circulated at the meeting of the Full Council on 18th May and Members will be asked to approve these nominations.

6. There have been no significant changes to the constitution of various committees,

working groups, forums and panels during 2015/16, however attention is drawn to:- a. Three Tier Forum - this is currently not meeting whilst Lancashire County Council

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reviews its engagement with the districts, and especially in light of the Combined Authority proposals. However it has not formally been abolished and therefore it is

proposed to appoint to the Forum again in 2016/17 b. The Lancashire Police and Crime Panel – this Panel has to meet a balanced

appointment objective across all the local authorities in the Lancashire force area. Following the borough council elections in May 2015, Burnley’s allocation became one Labour member and substitute and it is proposed to make appointments to the Panel

on this same basis. The political balance across the County may change after the borough council elections on the 5th May and any amendments required will be

reported to Council. FINANCIAL IMPLICATIONS AND BUDGET PROVISION

7. None POLICY IMPLICATIONS

8. None

DETAILS OF CONSULTATION

9. BACKGROUND PAPERS

10. None

FURTHER INFORMATION

PLEASE CONTACT: Imelda Grady

ALSO:

Appendix 1

Burnley Borough Council

Constitution of Committees, Working Groups, Panels and Boards for the Municipal Year 2016/17

Scrutiny Committee 17 Members - politically balanced

To provide strategic oversight of services and policy development by monitoring and reviewing the performance of the Council and recommending efficiencies and/or improvements accordingly and to

monitor, review and make recommendations on the Council’s strategic budget and objectives

Audit and Standards Committee 9 Members- politically balanced and to include an Executive Member and the Chair of Scrutiny

(must not be a member of a Parish Council or a Parish clerk)

To consider audit and risk management issues regarding the Council. To promote and maintain high standards of conduct within the Council. To advise the Council on the adoption or revision of its code

of conduct. To regulate members pecuniary interests and interests other than pecuniary interests. To hear complaints referred to the Committee about Borough Council members and Parish/Town

Council members within the Borough Boundary. To ensure that all members of the Council have access to training in all aspects of the member code of conduct, that this training is actively promoted, and that members are aware of the standards expected of local councillors under the code

Development Control Committee

16 Members – Specific Guidance to include relevant Executive Member- politically balanced

Functions relating to town and country planning and development control as specified in Schedule 1 to the Local Authorities (functions and responsibilities) (England) Regulations 2000 (the functions

regulations). The registration of common land or town and village greens and to register the variation of rights of

common as set out in Schedule 1 to the Functions Regulations The exercise of powers relating to the regulation of the use of highways as set out in Schedule 1 to the Functions Regulations

Licensing Committee

15 Members - politically balanced

Relating to taxi, gaming, entertainment, food and miscellaneous licensing. Functions relating to licensing and registration as set out in Schedule 1 to the Functions Regulations

and through its Sub Committees functions relating to taxis and the Licensing Act 2003, the Gambling Act 2005, Part 1 of the Health and Safety at Work Act 1974, Section27 of the Local Government

(Miscellaneous Provisions) Act 1982 and the Scrap Metal Dealers Act 2011. Member Structures and Support Working Group 12 Members - politically balanced

To review and, as necessary draw up proposals for modernising the Council’s Member Structures in the light of new legislation and best practice, and to make appropriate recommendations to full Council. To keep under review the range of existing support and services provided for Council

Members and to make recommendations, if necessary, to the appropriate Committees for improvements. To consider the annual Member Training and Development Programme (including

induction training for new Council Members). To act as a Forum for the discussion of matters relating to how Members and officers work together. To deal with all matter relating to the provision and use of IT equipment by Members

Three Tier Forum 6 Members - not politically balanced

This forum involves the County, Borough and Parish representatives in discussing relevant issues. Of the 6 Borough Members appointed by Full Council in 2015/16 there were 4 Labour,1 Liberal Democrat and 1 Conservative. However, it is currently not meeting whilst Lancashire County Council

reviews its approach to working with districts. Officially, it has never been formally abolished and appointments continue to be made subject to clarification of it status.

Police and Crime Panel 1 Member plus substitute– politically balanced across the County

This is a formally constituted joint committee, politically balanced, of all the authorities in the Lancashire force area.

At present, to meet the political balance across the Lancashire Authorities, Burnley is required to appoint one Labour member and substitute. This is subject to change depending on the political balance across the County following the 2016 borough council elections. Appeals Committee (JNC)

3 Members – by qualification

To comprise 2 Executive and either the Chair or Vice Chair of Scrutiny member (not on the investigating Committee). (See Part 4.9 of the Constitution for further details.)

To consider appeals against dismissal, other disciplinary action, grading and grievances by employees of the Council not on NJC terms and conditions.

Appeals Panel (NJC) 3 Members - by qualification

To comprise 2 members of the Executive and 1 member of the management team.. To deal with the final stages of appeals against dismissal, other disciplinary action by

employees of the Council who are on the conditions of service of the NJC for Local Government Services. Redundancy Appeal Panel 3 Members - by qualification

To comprise any 3 members of the Executive for those employees covered by the Council’s redundancy policy Joint Consultative Panel 3 Members - by qualification

To comprise 3 Members - Leader, Deputy Leader, Chair and Executive Member for Resources and Performance Management and 3 Trade Unions representatives. To act as a forum for consultation and negotiation between the Council and Trade Union

Representatives of employees subject to the national agreement of the NJC for Local Government Services and other employees

Parking and Traffic Regulations outside London (Patrol) Adjudication Joint Committee 1 Member plus substitute - by qualification

Representation consists of the relevant Executive Member (the Executive Member for Community Services), with the substitute being from the largest opposition party.

The Committee is constitutionally and legally a joint committee between Burnley and other Local Authorities and has been established to adjudicate on parking and traffic regulations.

Political balance requirements are not necessary for the appointments due to the low number

of Members being appointed.

EXECUTIVE APPOINTMENTS

The following appointments will be made by the Executive at its meeting on 7th June 2016

Traffic Regulation Order Sub Committee

3 Executive Members

To consider objections made to Traffic Regulation Orders and powers to amend or confirm Traffic

Regulation Orders or refer them to the Executive for a decision.

Pennine Lancashire Building Control Joint Committee

by qualification

Representation on the PLBC Joint Committee consists of the Executive Member for Housing

and Environment, with the substitute being the Executive Member for Resources. The Committee is constitutionally and legally an Executive joint committee between Burnley

and Blackburn with Darwin Local Authorities and has been established to in relation to the Building Control Service, including the enforcement of Building Regulations, in the Joint

Area. Political balance requirements are not necessary for the appointments due to the low number of Members being appointed.

Pennine Lancashire Leaders and Chief Executives Joint Committee (PLACE) by qualification

Representation on the Joint Committee consists of the Leader, with the substitute being the Deputy Leader.

The Committee is constitutionally and legally a statutory joint committee between Burnley and other Pennine Lancashire Local Authorities to oversee the role of Regenerate Pennine

Lancashire. Political balance requirements are not necessary for the appointments due to the low number of Members being appointed.

APPENDIX 2

MEMBERSHIP OF COMMITTEES/WORKING GROUPS FOR 2016-17

SCRUTINY COMMITTEE-17 CHAIR –

VICE CHAIR –

Councillors Councillors

AUDIT and STANDARDS COMMITTEE-9

-to include 1 Exec+ Chair of Scrutiny Committee CHAIR –

VICE CHAIR –


DEVELOPMENT CONTROL COMMITTEE-16

-to include relevant executive member

CHAIR – VICE CHAIR –


LICENSING COMMITTEE-15 CHAIR –

VICE CHAIR –


MEMBER STRUCTURES AND SUPPORT WORKING GROUP-12


LANCASHIRE POLICE AND CRIME PANEL

(1 Labour member and substitute)


3 TIER FORUM -6 (4-1-1)


PARKING AND TRAFFIC REGULATIONS OUTSIDE LONDON (PATROL)

ADJUDICATION JOINT COMMITTEE - 2

Include relevant Executive Member and 1 from largest opposition group


Appointments of Chairs and Vice-Chairs of Scrutiny,

Regulatory and other Committees 2016/17

IT

EM

8c

Nominations for Chairs and Vice Chairs of Committee

Please note that the nominations will be circulated at the Council meeting

Committee

Chair Vice Chair

Scrutiny Committee

Audit and Standards Committee

Development Control Committee

Licensing Committee

Appointments to Outside Bodies 2016/17

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ITEM NO


DATE 18th May 2016

PORTFOLIO None

REPORT AUTHOR Eric Dickinson

TEL NO 01282 477256


Outside Bodies Appointments for 2016/17

PURPOSE

1.

To seek appointments to the Council’s Outside Bodies for 2016/17.

RECOMMENDATION

2. (1) That Members approve the Outside Bodies list for 2016/17 attached as Appendix 1;

(2) That a review be carried out by the Head of Regeneration and Planning Policy of the sustainability of East Lancashire Into Employment Co.Ltd and the feasibility of the Council’s continued Directorships in the organisation.

(3) That the Head of Governance, Law & Regulation be given delegated authority, in

consultation with the Leader, to agree Calico’s 4 independent persons nominations to its Board; and

REASONS FOR RECOMMENDATION

3. To ensure that the Outside Bodies list, which the Council appoints Members and

Officers to, contributes to the Council’s Objectives. SUMMARY OF KEY POINTS

4. Since Full Council in May 2007, there has been an agreed criteria for the inclusion of an Outside Body (OB) as set out below;

1.The appointment was a Statutory requirement

2.The appointment would make a direct and significant contribution to the Council’s Strategic Objectives

3. There was not significant cost and resource implications for the Council set against any benefit accrued. 4. That the balances of risk having been considered there would be a detrimental

effect on the Council were it not represented. 5.The appointment would raise the profile of the Council at a National or Regional


level

Since May 2007 Members who have been appointed to OB have been asked annually to complete a report on their activities.

Every two years a review has been undertaken of the OB list to complement the annual OB appointments process at the Appointments Council in May of each year. The last biennial review took place in May 2015, and so the next one is due in May 2017.

5. An analysis of the 2015/16 returns from Members and Officers received in March/April

2016 confirmed generally that the criteria for continued OB inclusion on the list has been met. The following feedback relating to the specific Outside Bodies outlined below were

received from Officers and Members;

Burnley College- the Council’s remaining appointee on the Burnley College Board, Nick Aves, confirmed that he had resigned in November 2015. The

College has recently confirmed that there are now no places for Council nominees on the College’s Board following their last governance review. Action- remove Burnley College from the OB list.

Burnley Town Centre Partnership – whilst it has been stated that the nature of

the Partnership has changed, the current Member apppointees also consider representation should continue due to the body being a partnership, because of the importance of the Town Centre for the local economy, and in light of the

changes taking place in the Town Centre. Therefore it is recommended that this matter be left until the next review of

Outside Bodies in May 2017, and therefore that both Member appointees be invited to future meetings. Action – no change during 2016/17.

East Lancashire into Employment – The current Member appointees have

expressed views that the appropriate level of Council representation should be reconsidered. Action- future review during 2016/17.

6. Specific recommendations for changes to the OB list (Appendix 1) for 2016/17 in May 2016 are as follows;

That Burnley College be removed from the OB list following the expiry of the Council’s current appointments

That a review be carried out by the Head of Regeneration and Planning Policy of the sustainability of East Lancashire Into Employment Co.Ltd and the feasibility

of the Council’s continued Directorships in the organisation

7. As reported in 2015/16, following changes to Calico’s governance, it is recommended

that delegated authority be given to the Head of Governance, Law & Regulation, in consultation with the Leader, to agree Calico’s 4 independent persons nominations to its Board.


FINANCIAL IMPLICATIONS AND BUDGET PROVISION

8. None.

POLICY IMPLICATIONS

9. None. DETAILS OF CONSULTATION

10. Group Leaders. BACKGROUND PAPERS

11. Pro forma Member and Officer returns 2015/16.

FURTHER INFORMATION

PLEASE CONTACT:

ALSO:

REPRESENTATION ON OUTSIDE BODIES

FOR THE MUNICIPAL YEAR 2016/17

Outside Body Qualification

2015/16

Appointed

2015/16

Qualification

2016/17

Appointed

2016/17

1. Barnfield and Burnley

Developments Limited

-Directors

Leader

Chief

Executive

Leader

Chief

Executive

Appointed by

the Executive

Leader

Chief

Executive

Leader

Chief

Executive

Appointed by

the Executive

2.

Burnley & Pendle Children’s Partnership

Executive Member for Leisure &

Culture

Cllr Bea Foster

Executive Member for Leisure &

Culture

3.

Burnley

Education Trust

Chief

Executive

Pam Smith Chief

Executive

Pam Smith

4. Burnley Leisure – Directors

(E )

Any 2 Members

Cllr Shah Hussain

(from 011115-

LP)

Cllr Jean Cunningham

Any 2 Members

x

x

5.

Burnley Pendle and Rossendale

Council for Voluntary Service

– Executive Committee

1 Member

Executive

Member for Community

Services

Cllr Lian Pate (to 100216)

Cllr Tony Martin (from

100216)

Cllr Tony Harrison

1 Member

Executive

Member for Community

Services

x

Outside Body Qualification 2015/16

Appointed

2015/16

Qualification 2016/17

Appointed

2016/17

6.

Burnley and

Pendle Citizens Advice Bureau

(E)

Executive

Member for Community Services

1 Experienced

Opposition Member

Cllr Tony

Harrison

Cllr Charlie

Briggs

Executive

Member for Community Services

1 Experienced

Opposition Member

x

7.

Burnley Private Rented Sector

Forum

(D/E)

Executive Member for

Housing and Environment

Chair of Scrutiny

Committee

Cllr John Harbour

Cllr Andy Tatchell


Housing and Environment

Chair of Scrutiny

Committee

Chair of

Scrutiny Committee

8.

Burnley Town Centre

Partnership


Regeneration and Economic Development

Vice Chair of

Scrutiny Committee

Cllr Sue Graham

Cllr Anne Kelly



Vice Chair of

Scrutiny Committee

Vice Chair of Scrutiny

Committee

9.

Calico Board of Management – Annual General

meeting Voting Rights

(E)

Director of Community Services

Mick Cartledge


Mick Cartledge

10.

East Lancashire Health and Well

Being Partnership

Any Executive Member

Cllr Tony Harrison


x


Appointed

2015/16


Appointed

2016/17

11.

East Lancashire

Into Employment Co. Ltd – Directors

Executive

Member for Regeneration and Economic

Development


Cllr Sue

Graham

Cllr Bea

Foster

Executive


Development


x

12.

LCC Health Scrutiny

Committee

(same

Membership for Joint Lancashire Health Scrutiny

Committee)

Any Member of Scrutiny

Committee

Sub:

Any Member

of Scrutiny Committee

Cllr Trish Ellis

Sub:

Cllr Betsy Stringer

Any Member of Scrutiny

Committee

Sub:

Any Member

of Scrutiny Committee

x

Sub:

x

13.

Lancashire Waste Partnership


Community Services

Cllr Tony Harrison


Community Services

14.

Local Government

Association

Leader

Cllr Mark Townsend

Leader

15.

Marketing Lancashire

(previously called Lancashire

Tourism Forum)


Regeneration and Economic

Development

Cllr Sue Graham


Regeneration and Economic

Development


Appointed

2015/16


Appointed

2016/17

16.

North Western

Local Authorities Employers' Organisation

Executive

Member for Resources and

Performance Management

Sub: Any Executive

Member

Cllr Wajid

Khan (from 300915)

Sub:

Cllr Mark Townsend

Executive

Member for Resources and

Performance Management

Sub: Any Executive

Member

Sub:

x

17.

Over Fifties Forum

Any Member Cllr Betsy Stringer

Any Member x

18. Police and Crime Commissioner Quarterly

Community Safety Portfolio

Holders

Executive Member for Community

Services

Cllr Tony Harrison

Executive Member for Community

Services


Appointed

2015/16


Appointed

2016/17

19.

Regenerate

Pennine Lancashire Combined Body

(From 101214)

1 Public

Sector Director Leader

(TF 090615)

(was

Executive Member for Regeneration

and Economic Development)

and

An Alternate

Director -the Executive


Development (TF 090615)

(was Chief

Executive)

Cllr Mark

Townsend

(TF 090615)

(was Cllr Sue

Graham)

and

Cllr Sue Graham

(TF 090615)

(was Pam Smith)

1 Public

Sector Director

Leader

and

An Alternate Director -the



and

SECTION 2 - PERIOD APPOINTMENTS

Outside Body Qualifications 2015/16

Nominated 2015/16

Qualifications 2016/17

Nominated 2016/17

20.

Burnley Acorn

Fund-

(periods of

four years)

3 Members

(from Oct 2012 to Oct 2016)

Director of Resources is

Ex Officio

No change-

Cllr Jean Cunningham

(term expires Oct 2016)

Cllr Roger Frost

(term expires Oct 2016)

Cllr Ann Royle

((term expires Oct 2016)

Director of

Resources is

Ex Officio

3 Members



Ex Officio

3 Members


x

x

x


Ex Officio

21. Burnley College

Governing Board

REMOVED

Council Nominee

(term expires 2016)

Nick Aves None None

21.

Stocks Massey Bequest-

Represen-tative Trustees

(periods of four years)

Relevant Executive Member-Leisure

and Culture

(term expires

May 2016)

Chair of Scrutiny

Committee

(term expires May 2018)

No Change-

Cllr Bea Foster

(term expires

May 2016)

Cllr Andy

Tatchell


Relevant Executive Member-Leisure

and Culture

(term May 2016-

May 2020)

Chair of Scrutiny

Committee


(term May 2016- May 2020)

Chair of

Scrutiny Committee


Meetings held in Daytime, unless as stated below;

E - Evening

D/E - Daytime/Evening

Appointments to the Independent Remuneration

Panel

IT

EM

8e

ITEM NO

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Appointment to the Independent Remuneration Panel


DATE 18/05/2016

PORTFOLIO None

REPORT AUTHOR Imelda Grady

TEL NO 01282 477258


PURPOSE

1. To consider the re-appointment of a member to the Independent Remuneration Panel

(IRP).

RECOMMENDATION

2. That David Sparrow be re-appointed to the Independent Remuneration Panel until 17th

May 2019.


3. The Local Authorities (Members Allowances) (England) Regulations 2003 state that an

Authority may not set or amend its Members Allowance Scheme unless it has considered the findings of an Independent Remuneration Panel.

4. To maintain the membership of the panel.


5. The Independent Remuneration Panel was established by Council in 2001 and currently

comprises 4 members. The term of office of a Panel member, Mr David Sparrow, expires

in 2016 and he has indicated that he is willing to continue to serve on the Panel.

6. Mr Sparrow is the current Chair of the Panel, he has played an active part in the work of the IRP over a number of years and has valuable experience in making recommendations to the Council.

7. In February 2016, having regard to the IRP’s findings, Council set its members allowance

scheme for a three year period up to March 2019. Whilst the IRP will not need to report again to Council until late 2018, it is important that its membership is maintained in case the Panel needs to be called upon to consider any amendments to the current scheme as

required by legislation or by local determination.


8. None – members contribute voluntarily

C:\Users\spfarm\AppData\Local\Temp\7a0fd64445da443ab7d0483bc0123ace.docx

POLICY IMPLICATIONS

9. None

DETAILS OF CONSULTATION

10. None

BACKGROUND PAPERS

11. None

FURTHER INFORMATION

PLEASE CONTACT:

ALSO:

Updates to the Constitution

ITE

M 8

f

ITEM NO

C:\Users\spfarm\AppData\Local\Temp\a389aa641203431d8a9f7eeed5e3ea62.docx

Updates to the Constitution


DATE 18/05/2016

PORTFOLIO Leader

REPORT AUTHOR Eric Dickinson

TEL NO 477256

EMAIL @burnley.gov.uk

PURPOSE

1. To seek Full Council approval for a number of proposed updates to the constitution.

RECOMMENDATION

2. That the Council approves and notes the following recent changes to the constitution;

(1) That decisions of over £50k made by Officers regarding express delegations from the Executive or Other Committees, and decisions of over £50k regarding any general

delegation as set out in Part 3 of the constitution, be published including the purpose and the reasons for the decision; and

(2) That the list of Proper Officers be updated and be included in Part 3 of the constitution, as attached in Appendix 1, with the Head of Governance, Law &

Regulation authorised to make final amendments.


3. To comply with the Local Authorities (Executive Arrangements) (Meetings and Access to

Information) (England) Regulations 2012, Statutory Instrument 2012/2089 regarding

delegated Officer Executive decisions and the Openness of Local Government Bodies Regulations 2014 , Statutory Instrument No.2095/2014 regarding delegated Other Officer

decisions which must be recorded and published.

4. To comply with constitutional requirements regarding Proper Officer provisions.


5. Officer Delegations of over £50k Executive

The Government made Regulations in 2012 requiring certain Executive decisions made by Officers to be published.

These would not just be key decisions, but were not intended to include routine


administrative or operational decisions. Some Executive decisions can be expressly delegated to Officers at Executive meetings

or by Individual Executive Members decisions for a later determination, or can be delegated generally to Officers under the Scheme of Delegation under Part 3 or other

parts of the Constitution. It is proposed that express or generally delegated Executive decisions above £50k be

published. Other (Non-Executive)

Further Regulations were made in 2014 requiring certain Other (Non-Executive) decisions to be recorded and published.

These decisions could be express delegations, or general delegations. DCLG published in August 2014 non-statutory guidance to indicate the types of

decisions that should be published in a document called “Open and accountable local government”. The guidance does make it clear that ultimately it is for local decision makers to

determine which decisions should be published- the test to be applied is which decisions would the public reasonably expect to be published?

It is proposed that express or generally delegated Other (Non- Executive) decisions above £50k be published.

6. Proper Officers

The last decision regarding Proper Officers was taken at 10 th July 2002 Full Council, and since then various legislative requirements need adding into the Proper Officer

provisions. A limited number of designations relating to legislative actions are already embedded

within Part 3 of the constitution, i.e. the Scheme of Delegation, as part of the delegations for individual Officers. However an updated, comprehensive and consolidated list of Proper Officers is

attached, to be included as an Appendix to Part 3 of the constitution.


7. None. POLICY IMPLICATIONS

8. None. DETAILS OF CONSULTATION

9. Management Team Group Leaders

BACKGROUND PAPERS

10. None.

ITEM NO


FURTHER INFORMATION

PLEASE CONTACT:

ALSO:

PROPER OFFICER PROVISIONS N.B. Any proper officer may appoint an alternative officer for all or any of their

functions provided that this is submitted in writing to the Head of Support and Members Services.

Reference

Proper Officer

Data Protection Act 1988

Officer appointed to exercise responsibilities to the Council under the Act.

WAS Director of Community Services TO Head of Governance, Law & Regulation

European Parliamentary Elections Act 1978

Paragraphs 4 (3) and 4 of Schedule 1 Duty to provide assistance at European Parliamentary

Elections

Chief Executive or Head of Governance, Law and

Regulation

Housing Act 1985

Part xi

Section 351

Registration schemes of houses in multiple occupation.

Head of Housing and Development Control

Section 606 (i) This part of the Act is concerned with housing clearance

and an officer is required to represent unfit property to the Council.

This part of the Act is concerned with housing clearance

and an officer is required to represent unfit property to the Council.

Section 606 (ii)

This section deals with receipt of a letter of complaint from a Justice of the Peace or parish council that a

dwellinghouse or house in multiple occupation is unfit.

Local Authorities (Stocks and Bonds) Regulations

1974

Register of stocks and bonds

Director of Resources

Local Authorities (Contracts) Regulations 1987 (No. 2862) Regulation 7 (2)

To sign, on behalf of the Council certificates in respect of PFI Contacts.

Director of Resources or Head of Finance and Property Management

Local Elections (Principal Areas) Rules 1986 and Local Elections (Parishes and Communities) Rules

1986 (Parishes and Communities) Rules 1986

Rule 48 (3)

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

Head of Governance, Law and Regulation

Section 13 (3)

This section provides that where a parish does not have a parish council, the Chairman of the parish meeting

and the proper officer of the District Council shall be a body corporate by the name of the “Parish Trustees of – “(the name of the parish).

Local Government Act 1972


Section 83 (1) to (4) (as amended by the Local Government Act 2000 (schedule 3))

This section provides that a person elected to the office of Mayor, Councillor or elected Mayor shall not take up

such office until he has made a declaration of acceptance of office to the proper officer of the Council.

Chief Executive

Section 84 (as amended by the Local Government Act 2000 (schedule 3))

A person elected to any office or elected as an elected

Mayor may resign such office by written notice delivered to the proper officer of the Council.

Chief Executive

Section 86

Duty to declare vacancy in office in certain circumstances.


Regulation

Section 87

Duty to give public notice of a casual vacancy.


Regulation

Section 88 (2)

This section concerns the filling of a casual vacancy in

the office of Mayor and empowers the proper officer of the Council to convene a meeting of the Council to elect a successor.

Chief Executive

Section 89 (1) (b)

Where a casual vacancy occurs in the office of Councillor, notice may be given in writing of the vacancy

to the proper officer of the authority by two local government elections for the area.

Chief Executive

Sections 100 A to K

These sections concern access to information.


Section 100 b (2) The exclusion from inspection by the public and press of

reports on terms during which in the opinion of the Proper Officer meeting is likely not to be open to the public.


Section 100 b (7) (C)

The supply to the press of additional material supplied to Members of the Council with items of business to be

discussed.

Head of Governance, Law

and Regulation

Section 100 C (2) Where parts of the minutes which disclose exempt

information are excluded from inspection, the preparation where necessary of a written summary of

those parts of the proceedings so as to provide the public with a reasonably fair and coherent record.


Section 100 D (1) (a) and 100 (5) (a)

The identification of background papers which have been relied upon in preparing the report and compiling the list of such papers for inspection by the public in

accordance with Section 100 D of the Act.

All Reporting Officers

Section 100 F (2) The making of decisions as to documents which are not

required to be open to inspection by Council Members where it appears to the Proper Officer that a document

discloses exempt information of a description falling within any of the paragraphs of Schedule 12A to the Act.


Section 115 (2)

This section requires officers to account for all monies and property coming into their hands in the course of

their employment. The money due from such officers must be paid to the Proper Officer of the Council.


Section 146 (I) (a) and (b)

This section provides for the situation where securities stand in the books of a company in the name of a local

authority and deals with the transfer of those securities on the alteration of local authority areas. If the name of the authority is changed the Proper Officer of the

Council is required to make a statutory declaration to that effect in order that the new name may be entered in the company’s books. Where securities are transferred

to another authority, the certificate of the Proper Officer of the Council is sufficient authority for the new name to

be entered in the company’s books.


Section 151-Statutory Officer

Every local authority shall make arrangements for the

proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.


Section 191 (2) & (4) (b)

Where an application is made by the Ordnance Survey under Section 1 of the Ordnance Survey Act 1841 to

examine, ascertain and mark out the reputed boundaries of local authority areas, the application shall

be sent to the Proper Officer of the County Council or District Council.

FROM Property

Consultancy Manager TO Head of Finance and Property Management

Section 204 (3)

Under Schedule 2 of the Licensing Act 1964, notice of an application for a Justices’ Licence shall be given to


the Proper Officer of the District Council. Paragraph 25 (7) (3) To certify resolutions.

Section 210 (6) and (7)

Where an officer of an existing authority has, by virtue of his office, powers relating to a charity, those powers

will transfer to the officer holding the equivalent post with the appropriate new authority. If there is no

equivalent post the powers will vest in the Proper officers of the new authority.


and Regulation


With respect to local land charges, the Proper Officer to act as local registrar shall be the Proper Officer of the Council of the district in which the land is situated.

There is also a duty on the Proper Officer to register any notice, order, scheme, agreement, restriction, etc., in

the register of land charges.


Section 225 (1)

This section provides that documents to be deposited with the Council should be received by the Proper

Officer on the council and retained by him according to the directions accompanying such documents.


and Regulation

Section 229 (5)

A photocopy of a document in the custody of the Council shall be admissible in evidence in legal

proceedings. A certificate purporting to have been signed by the Proper Officer of the council shall be sufficient authentication of the photocopy.



This section provides that any notice, order or other document which the Council are authorised to give,

make or issue may be signed on their behalf by the Proper Officer of the Council.

Chief Executive or any

other Officer upon whom the Council has delegated its powers and duties

under specific legislation.

Section 236 (9)

The Proper Officer of the District Council shall send a copy of every byelaw made by the Council to the Proper

Officer of every parish or community to which such byelaws apply.


Section 238

This section sets out the requirements for evidencing

byelaws. It provides that a certificate purporting to be signed by the Proper Officer of the Council shall be prima facie evidence of the facts stated in the certificate.


and Regulation

Section 248

The Roll of Freeman of Burnley is to be kept by the Proper Officer of the district council.


and Regulation

Schedule 12 Paragraph 4 (2)

A Summons to attend a meeting of the Council shall be signed by the Proper Officer of the Council.


and Regulation

Schedule 12 paragraph 4 (3)

If a member of the Council wishes his Summons to be addressed to an address other that his residence he

should inform the Proper Officer of the Council in writing.


and Regulation

Schedule 14 Paragraph 25 (7)

Certification of resolutions passed by the Council applying or disapplying certain sections of the Public Health Acts 1875 to 1925 to the area of the new district.



S.30 (5) Publication of reports of Local Commissioner

Monitoring Officer


Part I and IV To exercise Proper officers powers under Parts I and IV

of the Act and Regulations.


Regulation

Parts II and III To exercise Proper Officer power under Parts II and III

of the Act and Regulations.


Part III, Chapters I, II, IV and V To exercise the powers of Monitoring Officer under the

Act and Regulations pursuant to that Act.


Local Government (Contracts) Act 1997

Section 3 (2)(e)

To sign, on behalf of the Council, certificates in respect

of PFI Contracts.

Director of Resources and Head of Finance and Property Management.

Local Government and Housing Act 1989

Section 2

To maintain a list of politically restricted posts

Section 4- Statutory Officer

Head of Paid Service Section 6- Statutory Officer

Monitoring Officer

Deputy Monitoring Officer


& Regulation

Chief Executive


& Regulation

Senior Solicitor

Section 46 (1) Registrar of Loans


Registrar of Bonds

Local Government (Miscellaneous provisions) Act 1976 (as amended by the Local Government Act

2000

Section 41 Certificate of copies of resolutions, minutes and other

documents.


Part II Authorisation of officers to enforce the provisions of the

Act relating to private hire vehicles, their drivers and operators and to hackney carriage vehicles and their

drivers.

Local Government and Rating Act 1997

(Part II) and Sub-ordinate legislation under that part

Functions in relation to review of parishes.


Representation of the People Act 1983

Section 8

Registration Officer of Parliamentary and local electors.

Director of Community

Services

Section 35

Returning Officer for the election of District and Parish Councillors.


Section 35

Acting Returning Officer for the election of County Councillors.


Section 39 (4) Powers in respect of holding elections.

Director of Community Services or Head of Governance, Law and

Regulation

Representation of the People Act 1985

Section 21

Power to fill vacancies in the event of insufficient

nominations.

Director of Community Services or Head of Governance, Law and

Regulation

Party Walls Act 1996

Section 10 (8)

To serve as the Appointing Officer for the purposes of the Act.

FROM Property

Consultancy Manager TO Head of Finance and

Property Management

Town and Country Planning Act 1971

Maintaining the list of listed buildings (Section 54)

Head of Regeneration

and Planning Policy

Local Government (Committees and Political Groups) Regulations 1990

Sections 8,9,13 and 14 Notifications to and by the Proper Officer

Regulation of Investigatory Powers Act 2000

To act as Senior Responsible Officer

To issue authorisations under the Regulation of Investigatory Powers Act 2000.

Freedom of Information Act 2000

Section 36

Qualified person to confirm or deny whether disclosure of information is likely to prejudice the effective conduct

of public affairs

The Local Authorities (Standing Orders ) (England) Regulations 2001

Schedule 1 Part II

Functions in relation to notifying Executive of appointments and dismissals

Local Government Act 2000 section 34

Local Authorities (Referendums) (Petitions and Directions) Regulations 2000

Publish the verification number of electors being 5% of local government electors for the purpose of petitions

Local Authorities (Executive Arrangements)

(Access to Information) (England) Regulations 2012 (was Local Government Act 20000 section 22)

Section 7 and 10

Head of Governance, Law & Regulation


Chief Executive, Directors, Head of

Finance & Property Management, and Head

of Streetscene


Head of People and Development or Strategic Human

Resources Consultant


Head of Governance,

Law & Regulation

Access to agenda and connected reports for public meetings and general exception

Section 12 and 13

Produce a written statement of Executive decisions made at meetings and of Individual Members

Section 14 Make a copy of written statements of Executive

decisions and associated reports available for inspection by the public

Section 15 Make available for inspection a list of background

papers

Other Enactments

Reference

Public Health (Control of Disease) Act 1984 Public Health (Infections Diseases) Regs and those

duties of the Medical officer of Health specified in the Milk and dairies (General) Regulations 1959.

Proper Officer

Dr R Marshall

Alternate Proper Officers Dr M Biswas

Dr G Kerr Dr S Morton

Dr M Smith Dr S Bhatti Dr S Sethi

Dr K Lamden Dr S Garnett

National Assistance Act 1948 and the National Assistance (Amendment) Act 1951

Proper Officer

Dr S Morton Alternate Proper Officers

Dr M Biswas

Dr G Kerr Dr S Morton Dr M Smith

Dr S Bhatti Dr S Sethi

Dr K Lamden Dr S Garnett

Appointment of Inspectors

Health and Safety at Work Act 1974 Section 19 appointment of inspectors.

Miscellaneous Legislation

Animal Boarding Establishment Act 1963

Breeding of Dogs Act 1973 Clean Air Act 1993

Food Safety Act 1990 Control of Pollution Act 1974 Pet Animals Act 1951

Public Health Acts 1936, 1961 and1968 Riding Establishments Acts 1964 and 1970

Sunday Trading Act 1994 Animal Health and Welfare Act 1984 Dangerous Wild Animals Act 1976

Zoo Licensing Act 1981 Public Order Act 1986

Prevention of Damage by Pests Act 1949 Public Health Acts 1936, 1961 and1968 Highways Act 1980

Environmental Protection Act 1990 Town and Country Planning Act 1990

Environment Act 1995 Anti- Social Behaviour Act 2003 Clean Neighbourhoods and Environment Act 2005

Childrens Act 2004

Housing Act 1985 (Housing Conditions)

And Housing Act 2004 Town and Country Planning Act 1990

Environmental Act 1995 Planning and Compulsory Purchase Act 2004

Wildlife and Countryside Act 1981 Town and Country Planning Act 1990

Planning and Compulsory Purchase Act 2004



& Regulation

Head of Streetscene

Community Safety

Manager Head of Housing and

Development Control

Head of Regeneration and Planning Policy

Documents

Meeting of the Burnley Borough Council · The Mayor presented a Volunteer in Parks Awardcertificate and a small gift token to Steven Holloway to recognise the outstanding contribution