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You are here: Home / About The Council / Council And Democracy

The Constitution - Part 2

Responsibilities for Functions

Table of Contents

Chapter 1 - General Responsibilities

Chapter 2 - Functions of the Executive

Chapter 3 - Functions of the Scrutiny Board and the Policy Development and Review Panel

Chapter 4 - Functions of Regulatory and Other Committees

Chapter 5 - Functions of the Planning Committee

Chapter 6 - Functions of the Licensing and Regulatory Affairs Committee

Chapter 6 (Annex) - Functions of the Licensing Panel

Chapter 7 - Functions of the Appeals Committee

Chapter 8 - Functions of the Audit Committee

Chapter 9 - Functions of the Standards Committee

Chapter 9 (Annex) - Arrangements for the assessment and hearing of complaints about member conduct

Chapter 10 - Constitution and Functions of the Portchester Crematorium Joint Committee

Chapter 11 - Constitution and Functions of the Joint Committee for the Partnership for Urban South Hampshire

Chapter 1 - General Responsibilities

Hierarchy

1.1 One of the main purposes of this Constitution is to make it clear where the responsibility for particular Council functions lies and which body or person will make the decision that will result in action being taken. The hierarchy of decisionmaking will be as follows:

  1. The Full Council - will exercise the functions reserved in Chapter 4 of Part 1 of the Constitution
  2. The Executive - will exercise the functions set out in Chapter 6 of Part 1 and Chapter 2 of Part 2 of the Constitution. A decision of the Executive may be delegated to a committee of the Executive, an individual Executive Member or, in respect of executive functions, a joint committee.
  3. The Scrutiny Board and its Review Panels – will undertake the role described in Chapter 7 of Part 1 and Chapter 3 of Part 2 of the Constitution. This role may result in recommendations being made to the Council, the Executive or committees but will not result in decisions.
  4. The Regulatory Committees – will exercise the functions set out in Chapter 8 of Part 1 and Chapter 4 of Part 2 of the Constitution.
  5. The Standards Committee – will exercise the functions set out in Chapter 9 of Part 1 and Chapter 8 of Part 2 of the Constitution.
  6. The Appeals Committee - will exercise the functions set out in Chapter 7 of Part 2 of the Constitution
  7. Officers – will exercise the delegated functions described in Chapter 7 of Part 1 of the Constitution and the delegated powers set out in Part 4 of the Constitution.

Delegation of Powers

Executive and Committees

1.2 All the powers and functions of the Council, as contained, mentioned or referred to in the statutory provisions at the time in force governing the exercise of those powers and functions and as described in their Terms of Reference, will be executed and performed by the Executive and Committees.

1.3 Exceptions will be where:

  1. any proposal implies or requires a change to the Policy framework or approved budget in excess of any variation permitted by Financial Regulations, when the proposals will be submitted to the full Council with a recommendation for consideration
  2. any proposal made by a Committee relates to the functions of the Executive, when the matter shall be referred to the Executive
  3. any proposal relates to powers, duties or functions in respect of the levying of the Council Tax
  4. any proposal relates to the levying or issuing of a rate or precept for a rate
  5. any proposal relates to the borrowing of money
  6. any proposal relates to those powers, duties or functions for which the full Council must retain responsibility
  7. in respect of an application made on behalf of the Council to the Planning Development Control Committee, the Committee is unwilling to approve the application or wishes to impose conditions which are unacceptable to the applicant, then the application will be submitted to the full Council for determination
  8. the delegated authority is revoked or amended by resolution of the full Council.

Delegation to Officers

1.4 The powers, functions and duties of the Council, the Executive and the Panels and Committees of the Council, as described in Parts 1 and 4 will be executed and performed by the officers identified in those parts of the Constitution, until such time as they are revoked or amended by the body delegating the powers functions or duties.

Emergency Provisions

1.5 Notwithstanding the foregoing, in the event of a national emergency declared by the Crown or HM Government, all the powers, duties and functions of the Council, without reservation, are hereby delegated to the Executive, which shall have authority to delegate such powers, duties and functions to a committee, subcommittee or an officer.

Chapter 2 - Functions of the Executive

Principles of Responsibility

2.1 The principles of the Executive's responsibilities will be as follows:

  1. unless a function, power or responsibility is specifically reserved to the Council or a Committee, the Executive is authorised to exercise the function or power
  2. the Executive will be responsible collectively, except where decisions are taken by individual Executive Members
  3. all decisions will be recorded
  4. the Executive will normally be making 'key decisions'.

Powers and Duties

2.2 The powers and duties of the Executive will be to:

  1. lead the preparation of the Council's policies and budgets
  2. lead the community planning process in Fareham and the achievement of Best Value
  3. implement, within the Council's overall Policy Framework, policies relating to Crime and Community Safety
  4. take decisions, within any constraints imposed by the Council, on the use of resources in order to deliver budgets, policies and services decided by the full Council
  5. act as the focus for forming partnerships with other local authorities and public, private, voluntary and community sector organisations in order to address local needs;
  6. approve and adopt Supplementary Planning Guidance.

2.3 The Executive is also empowered to:

  1. appoint such Committees and Sub-Committees as it deems appropriate to undertake functions within these Terms of Reference and to determine the extent of their powers
  2. delegate such of its functions as it deems appropriate to individual Members of the Executive and to officers of the Council
  3. nominate Executive members to act as spokesmen for such of its functions as it deems appropriate
  4. advise the Council on those activities and functions that should be delegated to joint committees or another local authority or which may be contracted out to any other person, authority or organisation
  5. where required by statute or by this Constitution, to consult with the Scrutiny Board or its Review Panels, external bodies or others, on policy and strategy proposals, prior to their implementation or the submission of those proposals to Council.
  6. consider and make decisions on reports and recommendations from its own Executive members and Committees of the Council.

2.4 The Executive will not be responsible for:

  1. those functions which legislation provides may only be discharged by the full Council
  2. those functions which are the responsibility of the Council's Scrutiny Board or Review Panels
  3. those matters relating to planning development control, regulatory, licensing and other activities defined in Regulation 2 of, and Schedule 1 to, the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as amended by Regulation 2 of The Local Authorities (Functions and Responsibilities)(England)(Amendment) Regulations 2001, which have been reserved to the full Council or delegated to the Planning Development Control, Licensing and Regulatory Affairs, Audit, Appeals or other Committees appointed by the Council
  4. those matters specified in Regulations 3 and 4 of, and Schedules 2 and 3 to, the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as amended by Regulation 2 of The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001, where the final decision in respect of those matters have been reserved to the Full Council
  5. those plans and strategies where, under the provisions of Regulation 5 of, and Schedule 4 to, the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, final approval and adoption has been reserved to the full Council
  6. those matters delegated to the Council's Standards Committee.

Responsibility for 'local choice' functions

2.5 The Executive will undertake the following functions under the provisions of Section 13 of the Local Government Act 2000 and Regulations 3, 4 and 5 of the Local Authorities (Functions and Responsibilities) Regulations 2000:

Function Extent of Executive responsibility
Regulation 3 - Local Choice Functions which may (but need not) be the responsibility of the Executive

1. Any matter under a local Act other than in respect of functions reserved to the Council.

To respond to any consultations.

To take any action subject to compliance with the Council's approved policies and budgets.

2. Best Value Reviews under Section 5 of the Local Government Act 1999.

To have overall responsibility for ensuring the conduct of Best Value Reviews and to consider reports by the Best Value Review Panel following service reviews.

To determine and implement necessary action within the Council's approved policies and budgets.

3. Functions relating to contaminated land under Part 11A of the Environmental Protection Act 1990 and subordinate legislation under that Act.

To have overall responsibility for the discharge of functions, subject to prior consultation with the Planning Development Control Committee, where any action may affect that Committee's duties, and also, where appropriate, the Scrutiny Board.

4. Any function relating to the control of pollution or the management of air quality.

To take any action, subject to compliance with the Council's approved policies and budgets.

5. The service of an abatement notice under Section 80(I) of the Environmental Protection Act 1990 in respect of a statutory nuisance.

To take any action subject to simultaneous notification of the service of the notice to the appropriate ward members.

6. The passing of a resolution under Section 8 that Schedule 2 of the Noise and Statutory Nuisance Act 1993 should apply in the Council's area.

To initiate proposals, undertake relevant consultation and make recommendations to the Council.

7. The inspection of the Council's area to detect any statutory nuisance under Section 79 of the Environmental Protection Act 1990.

To take any action subject to expenditure incurred being contained within approved budgets or within the limits of virement permitted by the Council's Financial Regulations.

8. The investigation of any complaint as to the existence of a statutory nuisance under Section 79 of the Environmental Protection Act 1990.

To take any action subject to simultaneous notification of the service of the notice to the appropriate ward members.

9. The appointment of any individual:

  • to any office other than an office in which they are employed by the Council
  • to anybody other than:
    • the Council
    • a joint committee of two or more authorities, or
    • to any committee or subcommittee of such a body
  • and the revocation of any such appointment.

To make recommendations to the Full Council on appointments and the revocation of such appointments.

 

Regulation 4 Functions not to be the sole responsibility of the Executive

1. Best Value Performance Plan under Section 6(I) of the Local Government Act 1999.

To initiate and take the lead on the preparation, management and amendment of the Plan and to make recommendations to the Council, subject to:

  • full consultation with the Scrutiny Board and Committees of the Council during the preparation and the making of any amendments to the Plan
  • appropriate consultations with the Council's partners and other interested parties.

2. Community Strategy for promoting or improving the economic, social and environmental well being of the area under Section 4 of the Local Government Act 2000.

To prepare and recommend the strategy to the Council, including the making of any amendments or modifications thereto, following full consultations with:

  • the Scrutiny Board and other Committees of the Council
  • Hampshire County Council
  • such other agencies as the Executive considers appropriate

other persons bodies or organisations as the Council directs or the Executive considers appropriate.

3. Crime and Disorder Reduction Strategy under Sections 5 and 6 of the Crime and Disorder Act 1998.

To initiate and take the lead on the preparation, management and amendment of the Strategy and to make  recommendations thereon to Council, following full consultations with the Scrutiny Board during its preparation and the making of any amendments.

4. Plans and Alterations, which together comprise the Development Plan, prepared under Section 54 of the Town and Country Planning Act 1990 or subsequent amending legislation.

To initiate and take responsibility for the preparation and alteration of all Plans and alterations and to make recommendations thereon to the Council, including any public consultation in liaison with the Planning Development Control Committee

 

Regulation 5 Functions – Plans and Strategies to be adopted or approved by the Full Council

2.6 The Executive will initiate and take the lead on the preparation and management of the plans and strategies which comprise the Policy Framework and make recommendations on them to the full Council, subject to undertaking full consultations with the appropriate Panels and committees during their preparation and the making of any amendment to them.

Chapter 3 - Functions of the Scrutiny Board and the Policy Development and Review Panels

3.1 The statutory overview and scrutiny functions of the Council will be undertaken by a Scrutiny Board and by Policy Development and Review Panels..

3.2 The Scrutiny Board will :

3.3 In addition, the Scrutiny Board will prepare, within the approved budget, an annual programme of scrutiny reviews for submission to the Council. The Board will also make recommendations to the Executive and to the Council on estimates of expenditure and the budget required to undertake its functions and make reports or recommendations in respect of any other matters which affect the Council's area or its residents.

3.4 In carrying out its functions, the Scrutiny Board will:

3.5 The Policy Development and Review Panels will :

3.6 In carrying out its functions, the Panel will:

3.7 In undertaking the above functions a Panel shall submit its reports and recommendations to the Council, the Executive or Executive members as appropriate.

Chapter 4 - Functions of Regulatory and Other Committees

General provisions

4.1 The Council will appoint annually a Standards Committee and regulatory and other committees to undertake functions that are not to be the responsibility of the Executive and the Scrutiny Board. These committees will include:

and such other Committees as the Council thinks fit.

These committees will be entitled to appoint such sub-committees or panels as they consider necessary for the proper performance of their duties. Their functions may be amended by the full Council, at any time, subject to the views of the committee affected by any proposed changes being taken into account.

4.2 The functions of each committee will be as set out in the Constitution or as the Council may decide subject to any relevant statutory provisions.

Chapter 5 - Functions of the Planning Committee

5.1 The general functions and areas of responsibility of the Council's Planning Committee are to:

  1. undertake all of the functions listed in this Chapter of the Constitution which are Non-Executive functions under the terms of Regulation 2 and Schedule 1 of the Local Authorities (Functions and Responsibilities) Regulations 2000, as amended by the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001.
  2. grant powers of entry and delegate any of its powers and duties to any officer or officers of the Council, subject to any limitation which the Committee may consider appropriate, in relation to:
    1. the imposition of any condition, limitation or other restriction on an approval, consent, licence, permission or registration granted
    2. the determination of any other terms to which any such approval, consent, licence, permission or registration is subject
    3. the determination as to whether to take enforcement action in consequence of:
      • a breach of any approval, consent, licence, permission or registration granted
      • a breach of any condition, limitation or term to which such approval, consent, licence, permission or registration is subject
    4. the amendment, modification or variation of any approval, consent, licence, permission or registration
    5. the revocation of any such approval, consent, licence or registration.
  3. make recommendations to the Executive on planning policy matters, with particular reference to development control functions.
  4. respond to consultations from the Executive on the preparation of Development Plans and, where appropriate, to make recommendations on such Plans to the full Council.
  5. make recommendations to the full Council on estimates of income, fees and charges, expenditure and the budget required by the Committee to undertake its functions.

5.2 The Committee will also undertake the following specific functions:

Function

Provision of Act or Statutory Instrument

Functions relating to town and country planning and development control

1. Power to determine applications for planning permission.

Section 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c.8).

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

Section 73 of the Town and Country Planning Act 1990.

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

Section 73A(a) of the Town and Country Planning Act 1990.

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

Section 70A of the Town and Country Planning Act 1990.

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

Section 69, 76 and 92 of the Town and Country Planning Act 1990 and Articles 8, 10 to 13, 15 to 22 and 25 and 26 of the Town and Country Planning (General Development Procedure) Order 1995 (S.I. 1995/419) and directions made thereunder.

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

Section 316 of the Town and Country Planning Act 1990 and the Town and Country Planning General Regulations 1992 (S.I. 1992/1492).

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

Parts 6, 7, 11, 17, 19, 20, 21 to 24, 26, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418).

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

Section 106 of the Town and Country Planning Act 1990.

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

Sections 191(4) and 192(2) of the Town and Country Planning Act 1990.

10. Power to serve a completion notice.

Section 94(2) of the Town and Country Planning Act 1990.

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

Section 220 of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 1992.

12. Power to authorise entry onto land.

Section 196A of the Town and Country Planning Act 1990

.

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

Section 102 of the Town and Country Planning Act 1990.

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

Section 171C, 187A and 183(1) of the Town and Country Planning Act 1990.

15. Power to issue an enforcement notice.

Section 172 of the Town and Country Planning Act 1990.

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

Section 187B of the Town and Country Planning Act 1990.

17. Power to determine applications for hazardous substances consents and related powers.

Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990 (c. 10).

18. Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject.

Paragraph 2(6)(a) of Schedule 2 to the Planning and Compensation Act 1991, paragraph 9(6) of Schedule 13 to the Environment Act 1995 (c. 25) and paragraph 6(5) of Schedule 14 to that Act.

19. Power to require the proper maintenance of land.

Section 215(1) of the Town and Country Planning Act 1990.

20. Power to determine applications for listed building consent and related powers.

Sections 16(1) and (2), 17, 27(2) and 33(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990 (c. 9)

21. Power to determine applications for conservation area consent.

Section 16(1) of the Planning (Listed Buildings and Buildings in Conservation Areas Act 1990, as applied by section 74(3) of that Act.

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

Section 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990 and Regulations 3 to 6 and 13 of the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1990 and paragraphs 8, 15 and 22 of Department of the Environment Circular 14/97.

23. Power to serve a building preservation notice and related powers.

Sections 3(1) and 4(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

24. Power to issue enforcement notices in relation to the demolition of unlisted building in conservation area.

Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

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

Sections 47 and 48 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

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

Section 44A of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

27. Power to execute urgent works.

Section 54 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

Miscellaneous Provisions

28. Power to authorise the stopping-up or diversion of a footpath or bridleway

Section 257 of the Town and Country Planning Act 1990

29. Power to extinguish public rights of way over land held for planning purposes

Section 25 of the Town and Country Planning Act 1990

30. Power to make a limestone pavement order.

Section 34(2) of the Wildlife and Countryside Act 1981 (c.69).

31. Powers relating to the protection of important hedgerows.

The Hedgerows Regulations 1997 (S.I. 1997/1160)

32. Powers relating to the preservation of trees

Sections 197 to 214D of the Town and Country Planning Act 1990 and the Trees Regulations 1999 (S.I. 1999/1892)

33. Powers and functions relating to high hedges.

Local Government (Functions and Responsibilities) (England) Regulations 2000 (as amended) and Section 8 of the Anti-Social Behaviour Act 2003.

 

5.3 The extent of any onward delegations of planning functions from the Committee to officers is set out in Part 4 of the Constitution.

Chapter 6 - Functions of the Licensing and Regulatory Affairs Committee

6.1 The general functions and areas of responsibility of the Council's Licensing and Regulatory Affairs Committee are to

  1. undertake, to the extent shown in the following pages, all of the functions listed in this Chapter of the Constitution that are Non-Executive functions under the terms of Regulation 2 and Schedule 1 of the Local Authorities (Functions and Responsibilities) Regulations, 2000 as amended by the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001.
  2. exercise such other licensing and regulatory powers and non-executive functions of the Council as are delegated to the Committee from time to time
  3. delegate to any sub-committee it may appoint any of its powers or functions, subject to any limitation that the Committee may consider appropriate;
  4. delegate any of its powers to an officer or officers of the Council, subject to any limitation that the Committee may consider appropriate, in relation to:
    1. the imposition of any condition, limitation or other restriction on an approval, consent, licence, permission or registration granted
    2. the determination of any other terms to which any such approval, consent, licence, permission or registration is subject
    3. the determination as to whether to take enforcement action in consequence of:
      • a breach of any approval, consent, licence, permission or registration granted
      • a breach of any condition, limitation or term to which such approval, consent, licence, permission or registration is subject
    4. the amendment, modification or variation of any approval, consent, licence, permission or registration
    5. the revocation of any such approval, consent, licence or registration.
  5. grant powers of entry in respect of any of the powers listed in this Chapter of the Constitution to an officer or officers of the Council.
  6. respond to consultations from the Executive on the preparation of statutory plans, policy and strategy and, where appropriate, to make commendations on them to the full Council.
  7. advise the Council on all matters, and resources required to undertake the functions listed in this Chapter of the Constitution. To make recommendations to the full Council on estimates of income, fees and Fareham Borough Council Constitution charges, expenditure and the budget required by the Committee to undertake its functions.

6.2 The Committee will also undertake the following specific functions:

Function

Provision of Act or Statutory Instrument

Licensing and Registration functions

Note : for functions first delegated to the Committee after May 2002 (such as the provisions of The Licensing Act 2003) see supplementary notes at end of table.

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

Section 3(3) of the Caravan Sites and Control of Development Act 1960 (c.62).

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

Section 269(1) of the Public Health Act 1936 (c.49).

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

(a) as to hackney carriages, the Town PoliceClauses Act 1847 (10 & 11 Vict. c.89), as  extended by Section 171 of the Public Health Act 1875 (38 & 39 Vict. c.55), and Section 15 of the Transport Act 1985 (c.67); and Sections 47, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976 (c.57).

(b) as to private hire vehicles, Sections 48, 57, 58, 60 and 70 of the Local Government (Miscellaneous Provisions) Act 1976.

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

Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

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

Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

6. Power to register pool promoters.

Schedule 2 to the Betting, Gaming and Lotteries Act 1963 (c.2).

7. Power to grant track betting licences.

Schedule 3 to the Betting, Gaming and Lotteries Act 1963.

8. Power to licence inter-track betting schemes.

Schedule 5ZA to the Betting, Gaming and Lotteries Act 1963.

9. Power to grant permits in respect of premises with amusement machines.

Schedule 9 to the Gaming Act 1968 (c.65).

10. Power to register societies wishing to promote lotteries.

Schedule 1 to the Lotteries and Amusements Act 1976 (c.32).

11. Power to grant permits in respect of premises where amusements with prizes are provided.

Schedule 3 to the Lotteries and Amusements Act 1976.

12. Power to issue cinema and cinema club licences.

Section 1 of the Cinemas Act 1985 (c.13).

13. Power to issue theatre licences.

Sections 12 to 14 of the Theatres Act 1968 (c.54).

14. Power to issue entertainment licences.

Section 12 of the Children and Young Persons Act 1933 (c.12), Section 79 of the Licensing Act 1964 (c.26), Sections 1 to 5 and 7 of, and Parts I and II of the Schedule to, the Private Places of Entertainment (Licensing) Act 1967 (c.19) and Part I of, and Schedules 1 and 2 to, the Local Government (Miscellaneous Provisions) Act 1982 (c.30).

15. Power to licence sex shops and sex cinemas.

Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982,.

16. Power to licence performances of hypnotism.

The Hypnotism Act 1952 (C.46).

17. Power to licence premises for acupuncture, tattooing, earpiercing and electrolysis.

Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982.

18. Power to licence pleasure boats and pleasure vessels.

Section 94 of the Public Health Acts Amendment Act 1907 (c.53).

19. Power to licence market and street trading.

Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982

20. Power to licence night cafes and take-away food shops.

Section 2 of the Late Night Refreshment Houses Act 1969 (c.53) Note : see also Licensing Act 2003 – para 93.

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

Sections 5, 6, 17, 18 and 21 to 23 of the Game Act 1831 (c.32); Section 2 to 16 of the Game Licensing Act 1860 (c.90), Section 4 of the Customs and Inland Revenue Act 1983 (c.10), Sections 12(3) and 27 of the Local Government Act 1874 (c.73), and Section 213 of the Local Government Act 1972 (c.70).

22. Power to register and licence premises for the preparation of food.

Section 19 of the Food Safety Act 1990 (c.16).

23. Power to licence scrap yards.

Section 1 of the Scrap Metal Dealers Act 1964 (c.69).

24. Power to licence premises for the breeding of dogs.

Section 1 of the Breeding of Dogs Act 1973 (c.60) and Section 1 of the Breeding and Sale of Dogs (Welfare) Act 1999 (c.11).

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

Section 1 of the Pet Animals Act 1951 (c.35); Section 1 of the Animal Boarding Establishments Act 1963 (c.43); the Riding Establishments Acts 1964 and 1970 (1964 c.70 and 1970 c.70); Section 1 of the Breeding of Dogs Act 1973 (c.60), and Sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999.

26. Power to licence zoos.

Section 1 of the Zoo Licensing Act 1981 (c.37).

27. Power to licence dangerous wild animals.

Section 1 of the Dangerous Wild Animals Act 1976 (c.380.

28. Power to licence knackers' yards.

Section 4 of the Slaughterhouses Act 1974. See also the Animal By-Products Order 1999 (S.I. 1999/646).

29. Power to licence persons to collect for charitable and other causes.

Section 5 of the Police, Factories etc (Miscellaneous Provisions) Act 1916 (c.31) and Section 2 of the House to House Collections Act 1939 (c.44).

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

Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c.40).

31. Power to grant a street works licence.

Section 50 of the New Roads and Street Works Act 1991 (c.22).

32. Power to permit deposit of builder's skip on highway.

Section 139 of the Highways Act 1980 (c.66).

33. Power to licence planting, retention and maintenance of trees etc in part of highway.

Section 142 of the Highways Act 1980.

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

Section 147 of the Highways Act 1980.

35. Power to licence works in relation to buildings etc. that obstruct the highway.

Section 169 of the Highways Act 1980.

36. Power to consent to temporary deposits or excavations in streets.

Section 171 of the Highways Act 1980.

37. Power to dispense with obligation to erect hoarding or fence.

Sections 172 of the Highways Act 1980.

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

Sections 178 of the Highways Act 1980.

39. Power to consent to construction of cellars etc. under streets.

Section 179 of the Highways Act 1980.

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

Section 180 of the Highways Act 1980.

41. Power to approve meat product premises.

Regulations 4 and 5 of the Meat Products(Hygiene) Regulations 1994 (S.I. 1994/3082).

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

Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I. 1995/3205).

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

Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I. 1995/3205).

43. Power to approve dairy establishments.

Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I. 1995/1086).

44. Power to approve egg product establishments.

Regulation 5 of the Egg Products Regulations 1993 (S.I. 1993/1520).

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

Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995 (S.I. 1995/1763).

46. Power to approve fish products premises.

Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I. 1998/994).

47. Power to approve dispatch or purification centres.

Regulation 11 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

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

Regulation 21 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

49. Power to approve factory vessels and fishery product establishments.

Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

50. Power to register auction and wholesale markets.

Regulation 26 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

51. Duty to keep register of food business premises.

Regulation 5 of the Food Premises (Registration) Regulations 1991 (S.I. 1991/2828).

52. Power to register food business premises.

Regulation 9 of the Food Premises(Registration) Regulations 1991.

Functions relating to health and safety at work

53. Functions under any "relevant statutory provision" within the meaning of Part I (health, safety and welfare in connection with work, and control of dangerous substances) of the Health and Safety at work etc Act 1974, to the extent that those functions are discharged otherwise than in the authority's capacity as an employer.

Part I of the Health and Safety at Work etc Act 1974 (c.37).

Functions relating to elections

54. Power to recommend to Full Council the appointment of an electoral registration officer.

Section 8(2) of the Representation of the People Act 1983 (c.2).

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

Section 52(4) of the Representation of the People Act 1983.

56. Power to recommend to Full Council the appointment of a returning officer for local government elections.

Section 35 of the Representation of the People Act 1983 (c.2).

57. Duty to provide assistance at European Parliamentary elections.

Paragraph 4(3) and (4) of Schedule 1 to the European Parliamentary Elections Act 1978 (c.10).

58. Power to recommend to Full Council the division of the constituency into polling districts.

Section 18 of the Representation of the People Act 1983.

59. Power to recommend to Full Council the division of electoral divisions into polling districts at local government elections.

Section 31 of the Representation of the People Act 1983.

60. Powers in respect of holding of elections.

Section 39(4) of the Representation of the People Act 1983.

61. Power to pay expenses properly incurred by electoral registration officers.

Section 54 of the Representation of the People Act 1983.

62. Power to recommend to Full Council the filling of vacancies in the event of insufficient nominations.

Section 21 of the Representation of the People Act 1985.

63. Duty to declare vacancy in office in certain cases.

Section 86 of the Local Government Act 1972.

64. Duty to give public notice of a casual vacancy.

Section 87 of the Local Government Act 1972.

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

Rule 48(3) of the Local Elections (Principal Areas) Rules 1986 (S.I. 1986/2214) and rule 48(3) of the Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215).

66. Power to recommend to Full Council the submission of proposals to the Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.

Section 10 of the Representation of the people Act 2000 (c. 2).

Functions relating to name and status of areas and individuals

67. left blank

 

68. Power to recommend to Full Council to change the name of the Borough.

Section 74 of the Local Government Act 1972.

69. Power to recommend to Full Council to confer the title of honorary alderman or admit an honorary freeman.

Section 249 of the Local Government Act 1972.

Functions relating to bylaws, local bills etc

70. Power to recommend to Full Council to make, amend, revoke or re-enact bylaws.

Any provision of any enactment (including a local Act), whenever passed, and Section 14 of the Interpretation Act 1978 (c.30).

71. Power to recommend to Full Council to promote or oppose local or personal Bills.

Section 239 of the Local Government Act 1972.

Functions relating to pensions etc.

72. Power to recommend to FullCouncil on functions relating to local government pensions, etc.

Regulations under section 7, 12 or 24 of the Superannuation Act 1972 (c.11)

Miscellaneous Provisions

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

Section 4 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).

74. Powers to create footpath or bridleway by agreement.

Section 25 of the Highways Act 1980 (c.66).

75. Powers to create footpaths and bridleways.

Section 26 of the Highways Act 1980 (c.66).

76. Power to stop up footpaths and bridleways.

Section 118 of the Highways Act 1980.

77. Power to determine application for public path diversion order

Section 118ZA and 118C(2) of the Highways Act 1980

78. Power to divert footpaths and bridleways.

Section 119 of the Highways Act 1980.

79. Power to make public path diversion order.

Sections 119ZA, and 119C(4) of the Highways Act 1980

80. Duty to keep register with respect to applications under sections 118ZA, 118C, 119ZA, and 119C of the Highways Act 1980.

Section 121B of the Highways Act 1980

81. Power to decline to determine certain applications

Section 121C of the Highways Act 1980

82. Powers relating to the removal of things so deposited on highways as to be a nuisance.

Section 149 of the Highways Act 1980

83. Power to extinguish certain public rights of way.

Section 32 of the Acquisition of Land Act 1981 (c. 69)

84. Power to extinguish public right of way over land acquired for clearance.

Section 294 of the Housing Act 1981 (c. 68)

85. transferred to Audit committee

 

86. Power to recommend to Full Council to appoint staff and determine the terms and conditions on which they hold office (including procedures for their dismissal).

Section 112 of the Local Government Act 1972

87. transferred to Audit committee

 

88. transferred to Audit committee

 

89. Power to recommend to Full Council to appoint officers for particular purposes (appointment of "Proper Officers").

Section 270(3) of the Local Government Act 1972

90. Power to recommend to Full Council to designate officer as Head of Paid Service and to provide staff, etc.

Section 4(1) of the Local Government and Housing Act 1989 (c. 42)

91. Power to recommend to Full Council to designate officer as the Monitoring Officer and to provide staff, etc.

Section 5(1) of the Local Government and Housing Act 1989 (c. 42)

92. transferred to Audit committee

 

93. To exercise the Council's functions under the Licensing Act 2003, including the power to licence persons and premises for the supply of alcohol or regulated entertainment or late night refreshment and to review such licences.

Licensing Act 2003

94. To exercise the Council's functions under the Gambling Act 2005, including the power to licence premises and grant permits for gambling.

Gambling Act 2005

95. To exercise the Council's functions under the Health Act 2006 and associated regulations.

Health Act 2006

 

6.3 The extent of onward delegations of licensing functions from the Committee to the Licensing Panel is set out in the annex to this chapter.

6.4 The extent of any onward delegations of licensing or regulatory functions from the Committee to officers is set out in Part 4 of the Constitution.

Chapter 6 (Annex) - Functions of the Licensing Panel

Main role

A-6.1 The Licensing and Regulatory Affairs Committee has determined that it will appoint Licensing Panels each comprising three members of the Committee to undertake hearings and discharge various licensing functions as may be delegated from time to time.

Duties and responsibilities

A-6.2 In conducting hearings and in determining the applications before it, the Panel shall ensure that it deals with its functions in a fair and proper manner having regard to the Council's policies, the relevant statutory provisions and the rules of natural justice.

A-6.3 The following functions have been delegated by the Licensing and Regulatory Affairs Committee to the Licensing Panel:-

Function

Statutory provision

1. Determination of application for premises licence

Licensing Act 2003 – s 18(3)

2. Determination of application for provisional statement

Licensing Act 2003 – s 31(3)

3. Determination of application to vary premises licence

Licensing Act 2003 – s 35(3)

4. Determination of application to vary premises licence to specify individual as premises supervisor

Licensing Act 2003 – s 39(3)

5. Determination of application for transfer of premises licence

Licensing Act 2003 – s 44(5)

6. Cancellation of interim authority notice following police objections

Licensing Act 2003 – s 48(3)

7. Determination of application for review of premises licence

Licensing Act 2003 – s 52(2)

8. Determination of application for club premises certificate

Licensing Act 2003 – s 72(3)

9. Determination of application to vary club premises

Licensing Act 2003 – s 85(3)

10. Determination of application for review of club premises certificate

Licensing Act 2003 – s 88(2)

11. Counter notice following police objection to temporary event notice

Licensing Act 2003 – s 105(2)

12. Determination of application for grant of personal licence

Licensing Act 2003 – s 120(7)

13. Determination of application for the renewal of personal licence

Licensing Act 2003 – s 121(6)

14. Convictions coming to light after grant or renewal of personal licence

Licensing Act 2003 – s 124(4)

15. Review of premises licence following closure order

Licensing Act 2003 – s 167(5)

16. Determination of application for conversion of existing licence

Licensing Act 2003 – Schedule 8 – 4

17. Determination of application for conversion of existing club certificate

Licensing Act 2003 – Schedule 8 – 16

18. Determination of application by holder of a justices' licence for grant of a personal licence

Licensing Act 2003 – Schedule 8 – 26

19. Determination of those applications for a licence to drive hackney carriage and/or private hire vehicles which are not otherwise determined by officers

Local Government (Miscellaneous Provisions) Act 1976 – s51, 53, 54, 59, 61 and 79

20. Determination of those applications for a licence to operate hackney carriage and/or private hire vehicles which are not otherwise determined by officers

Local Government (Miscellaneous Provisions) Act 1976 – s55-58, 62 and 79

21. Determination of those applications for a public entertainments licence which are not otherwise determined by officers.

Section 12 of the Children and Young Persons Act 1933 (c.12), Section 52 of, and Schedule 12 to, the London Government Act 1963 (c.33), Section 79 of the Licensing Act 1964 (c.26), Sections 1 to 5 and 7 of, and Parts I and II of the Schedule to, the Private Places of Entertainment (Licensing) Act 1967 (c.19) and Part I of, and Schedules 1 and 2 to, the Local Government (Miscellaneous Provisions) Act 1982 (c.30).

22. Determination of application for premises licence, where representations have been received and not withdrawn

Gambling Act 2005

23. Determination of application for a variation to a premises licence, where representations have been received and not withdrawn

Gambling Act 2005

24. Determination of application for transfer of a premises licence, where representations have been received and not withdrawn

Gambling Act 2005

25. Determination of application for provisional transfer of a premises licence, where representations have been received and not withdrawn

Gambling Act 2005

26. Review of a premises licence

Gambling Act 2005

27. Determination of application for club gaming / club machine permits, where objections have been made (and not withdrawn).

Gambling Act 2005

28. Cancellation of club gaming / club machine permits

Gambling Act 2005

29. Decision to give a counter-notice to a temporary use notice

Gambling Act 2005

Chapter 7 - Functions of the Appeals Committee

7.1 The general functions and areas of responsibility of the Council's Appeals Committee are to determine appeals or objections against decisions of the Council's Executive, Committees or officers in respect of the following:

  1. appeals from employees of the Council under the Council's procedures relating to disciplinary action, salary grading and unresolved grievances
  2. such other statutory rights of appeal against determinations of the Council as may be referred to the Committee by the Council from time to time.

subject to:

  1. any criteria and in accordance with any procedures that the Council and the relevant Committee might set, to hear and determine such appeals
  2. no member sitting on the Committee when determining an appeal or objection if that member was present at a meeting of the Executive or a Committee that considered the matter about which the appeal or objection has been made.

Chapter 8 - Functions of the Audit Committee

8.1 The purpose of the Audit and Governance Committee is to:

  1. Oversee and assess the Council's risk management control and corporate governance arrangements and to provide independent advice on the adequacy and effectiveness of these arrangements;
  2. To lead on the Council's duties under Chapter 7 of the Localism Act 2011 and to design, implement, monitor, approve and review the standards of ethics and probity of the Council both for councillors and employees; and
  3. To promote, maintain and strengthen high standards of conduct by members and co-opted members of the Council.

8.2 The general functions and areas of responsibility of the Audit and Governance Committee are:

General

  1. To review any issue referred to it by the Chief Executive or a director or any council body.
  2. To seek assurance that action is being taken on risk related issues identified by auditors, inspectors or risk managers.
  3. To lead on the Council's duties under Chapter 7 of the Localism Act 2011 and oversee, maintain and strengthen high standards of conduct in public office.

Governance Framework

  1. To oversee the Council's arrangements for corporate governance and agree necessary actions to ensure compliance with best practice.
  2. To review and make recommendations to Council on its Financial Regulations and Contract Procurement Rules.
  3. To consider the effectiveness of the Authority's risk management arrangements and the systems of internal control.
  4. To review the adequacy of the Council's corporate risk registers.
  5. To review the policies and measures in place to prevent fraud and corruption.
  6. To oversee the production of the Council's annual governance statement and to recommend its adoption.
  7. To oversee the implementation of the Council`s Treasury Management Strategy and Policy

Audit Activity

  1. To review Internal Audit's strategy, plans and performance.
  2. To review summary internal audit reports and the main issues arising and seek assurance that action has been taken where necessary.
  3. To consider the Head of Audit and Assurance's annual report and opinion and a summary of internal audit activity (actual and proposed) and review the level of assurance it can give over the Council's corporate governance arrangements.
  4. To consider the findings of the review of effectiveness of the systems of internal audit.

External Audit and Inspection

  1. To comment on the scope and depth of external audit work and to ensure it gives value for money.
  2. To consider the external auditor's annual audit letter, the annual governance report and any other specific reports of external audit and inspection agencies as deemed appropriate to the committee role and responsibilities.
  3. To monitor the arrangements for effective co-operation between internal audit, external audit and other review bodies.

Accounts

  1. To approve the Authority's Statement of Accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be), in accordance with The Accounts and Audit Regulations 1996 (SI 1996/590).
  2. To consider whether appropriate accounting practices have been followed and whether there are concerns arising from the financial statement or from the audit that need to be brought to the attention of the Council.
  3. To consider the External Auditor's report on issues arising from the audit of accounts.

Standards

  1. Advise on an internal framework of probity and standards of conduct that should be followed by members and officers.
  2. Formulate, monitor and revise, as necessary, Local Codes of Conduct for members and officers.
  3. Formulate, monitor and revise, as necessary, a protocol for member/officer relationships.
  4. Issue guidance and best practice advice with regard to probity and ethics including the following:
    • the declaration and registration of members' interests
    • claims for members' allowances and expenses
    • acceptance of, or dealing with, offers of hospitality and gifts made by third parties
    • the provision to members of hospitality, goods, services and facilities by the Council
    • the undertaking of travel and foreign visits.
  5. Advise on such other matters of a similar kind that may be referred to the Committee.
  6. Issue advice and guidance to members representing the Council on outside bodies.
  7. Receive, consider and, where necessary, act on reports guidance and advice from the Council's Monitoring Officer and the Local Government Ombudsman.
  8. Provide appropriate training for members and officers with regard to any of the above and the ethical governance of the Council generally.
  9. Appoint such sub-committees, panels or working parties as are deemed appropriate to undertake specific parts of these Terms of Reference.
  10. Consider complaints against members' conduct and assess allegations of breaches of the Code of Conduct for Members to determine such complaints.
  11. Monitor and review members' training and development.
  12. To establish a Standards Sub-Committee to investigate and determine appropriate actions in respect of alleged breaches of the Members' Code of Conduct.

Chapter 9 - Functions of the Standards Committee

The Audit and Governance Committee has determined that it will appoint a Standards Sub Committee to discharge its functions relating to complaints about member conduct to assess written allegations that a member or co-opted member of the Council has failed or may have failed to comply with the Members' Code of Conduct in accordance with Chapter 7 Localism Act 2011 or any amendment or re-enactment thereof and to administer sanctions where appropriate.

Where referred by the Monitoring Officer to grant dispensations to members under section 33 of the Localism Act or any amendment or re-enactment thereof.

The Sub - Committee will comprise three members of the Audit and Governance Committee ensure that it deals with its functions in a fair and proper manner having regard to the Council`s Code of Conduct, the relevant statutory provisions and the rules of natural justice.

Chapter 10 - Constitution and Functions of the Portchester Crematorium Joint Committee

Memorandum of Agreement

This Agreement is made between the Executive body of Portsmouth City Council (Portsmouth); Fareham Borough Council (Fareham); Havant Borough Council (Havant) and Gosport Borough Council (Gosport). The Portchester Crematorium Joint Committee (created by an agreement dated 1 December 1956 and amended on 27 October 1976) will cease to exist on [say 6 MAY 2002] in accordance with provisions of the Local Government Act 2000 and Regulations made thereunder, and in consequence those agreements will terminate. The Executive Body of each Council has resolved to constitute a new Portchester Crematorium Joint Committee as they are empowered to do by the Local Government Act 2000 and Regulations made thereunder for the purpose of exercising the functions of the Constituent Councils under the Cremation Acts and under any other acts and Regulations with respect to the provision of and maintenance of crematoria.

  1. Constitution of Joint Committee
    There shall be constituted from 6 MAY 2002 a Joint Committee of Portsmouth, Fareham, Gosport and Havant ("the Constituent Councils") consisting of two members from Gosport Borough Council and two executive members from each of the remaining Constituent Councils ("The Joint Committee"). It shall have the functions, powers and duties and be subject to the terms and conditions set out below.
  2. Name of Committee
    The name of the Committee shall be the Portchester Crematorium Joint Committee ("the Joint Committee").
  3. Membership of Committee
    1. The Joint Committee shall consist of members appointed by the Executives of Portsmouth, Fareham and Havant Councils from among members of their Executive, and from Gosport Borough Council.
    2. Each Executive shall be entitled to appoint two members to the Joint Committee. In the absence of an appointed member, any other member of the same executive can substitute.
    3. Gosport Borough Council shall be entitled to appoint two members (selected in political proportionality to the overall number of councillors of that authority). In the absence of an appointed member, any other member appointed by Gosport Borough Council for the purpose can substitute.
    4. The usual term of office shall be for the ensuing municipal year, with each Constituent Council appointing their representatives at or within 14 days of the Annual Meetings of such respective councils.
    5. Membership of the Joint Committee shall end immediately if the appointed member ceases to be a member of his/her Council's Executive for any reason whatsoever or if any appointed member ceases to be a member of the Council by whom s/he was appointed to the Joint Committee.
    6. Any vacancy in the number of representatives of any of the Constituent Councils may be filled forthwith by the respective Council or its Executive as the case may be and the person so appointed shall hold office until such time as the person whose place s/he fills would regularly have retired.
  4. Powers of Committee
    1. The Executives of the Constituent Councils agree to delegate to the Joint Committee all their powers and duties under Section 214 of the Local Government Act 1972 and any other relevant legislation for the provision and maintenance of crematoria (including the existing crematorium at Portchester).
    2. The delegated powers shall not extend to the power to borrow money or to levy a precept or to hold land.
  5. Committee Meetings and Proceedings
    1. The Joint Committee shall hold [two]* meetings at least every year and may hold other meetings at intervals if it finds it necessary or convenient.
    2. The Joint Committee shall have power to appoint sub-committees from among its members for any purpose it decides could better be managed or considered by a sub-committee.
    3. The Joint Committee shall make standing orders regulating the procedure at its meetings, making provision for the election of a chair and specifying the place of meeting and quorum for meetings of the Joint Committee and any subcommittee.
  6. Staff
    The Joint Committee may appoint and pay such officers and staff as it deems necessary for the fulfilment of this agreement.
  7. Accounting Arrangements
    1. The Joint Committee, its officers and staff, shall keep proper accounts of all income and expenditure transactions as required by legislation and codes of practice.
    2. As soon as possible at the end of every financial year (a period of 12 months ending on 31 March) the Joint Committee shall publish a report on the operations of the Joint Committee during the financial year and a set of the final accounts for the year and send copies to each Constituent Council.
    3. As soon as available the Joint Committee shall publish the audited accounts for the financial year.
  8. Borrowing Arrangements
    If the Joint Committee requires to incur capital expenditure in connection with the provision of crematoria, which it cannot fund from revenue, it may  request one or more of the Constituent Councils to lend it the money or borrow the funds on its behalf for such periods, at such rates of interest and on such terms and conditions of repayment as the Joint Committee may reasonably prescribe or approve.
  9. Vesting of Land and Property
    All land and property acquired or constructed by whatever means for the purpose of cremation, shall belong to and be vested in the Council in whose area the greater part is situated but shall be managed and maintained by the Joint Committee.
  10. Apportionment of Deficits and Surpluses
    1. All expenses, net of income and reserves, incurred by the Joint Committee in any financial year shall be borne by the Constituent Councils in equal shares.
    2. The Joint Committee may require each of the Constituent Councils to pay on 1 April, or another date that the Joint Committee determines, the sum which the Joint Committee estimates will be the proportion of any estimated deficit to be met by that Council. When the exact amount and proportion of the deficit are known, there shall be an appropriate adjustment between the Joint Committee and each of the Constituent Councils.
    3. The Joint Committee may use part or all of any surplus made in a financial year to finance capital expenditure and redeem debt and to carry it forward to meet contingencies and future expenditure requirements.
    4. Any surplus remaining shall, as soon as practicable, be returned to the Constituent Councils in the same proportions as applies to deficits in subclauses (1) and (2).
  11. Scrutiny of Decisions
    Scrutiny of decisions taken by the Joint Committee shall be undertaken as follows:
    1. The relevant scrutiny committee of each Constituent Council shall have the power to call-in a decision taken by the Joint Committee but not yet implemented and to request that it be re-considered. The following criteria must be met:
      1. The request is made to the Clerk to the Joint Committee within 2 working days of publication of the decision and by at least 5 members representing the relevant scrutiny committee of any one of the Constituent Councils, and
      2. The decision proposes expenditure or savings in excess of £250,000.
    2. A decision called in for scrutiny shall be reviewed by the relevant scrutiny committee of the constituent council whose members made the request and shall report its conclusions within 15 working days from the date of publication of the decision, failing which the original decision will take effect.
    3. On receipt of a report from the relevant scrutiny committee the Joint Committee may decide to proceed with the original decision or an amended decision and will publish that decision.
    4. The relevant scrutiny committee of each Constituent Council shall have the power to review the effectiveness of the Joint Committee in providing efficient and effective crematoria services. In so discharging that power each scrutiny committee will be required to consult with the scrutiny committee of each other Constituent Council to ensure that they are not duplicating each other's work.
  12. Review of the Agreement and Determination of Agreement
    1. Any Constituent Council Executive may require a review of all or any of the terms of this agreement by giving all the other Council Executives written notice specifying the nature of the review required.
    2. A review, once requested, must take place within six months of the written notice requesting the review.
    3. Any change to this agreement must be agreed by all Constituent Council Executives.
    4. If as a consequence of a review all of the authorities agree to determine this agreement or the agreement is determined by statute, then the assets shall be realised and the constituent authorities share equally in the proceeds.
    5. Any Constituent Council wishing to withdraw from the agreement must give not less than two years' notice in writing to all the other Councils, such withdrawal only to take place at 31 March in any year.
    6. If any Constituent Council(s) withdraw from the agreement then they shall be entitled to their share of the value of fixed assets stated in the balance sheet at 31 March in the year of their withdrawal, and based on an updated depreciated replacement cost. Such share will be paid at a time or in instalments over a period of time to be agreed by the Councils.
    7. In the event of any Constituent Council which holds land and property or other asset for the benefit of the Joint Committee withdrawing from this agreement, that Council shall continue to allow the land, property or other asset to be managed and maintained by the Joint Committee.
    8. Throughout this agreement, unless otherwise stated reference to "Constituent Council Executive" shall be deemed to include the relevant Committee of Gosport Borough Council exercising powers and duties conferred by the 'Alternative Arrangements' provisions of the Local Government Act 2000.
    9. Any written notice served under the terms of this clause shall also be sent to the Clerk to the Joint Committee.
  13. Arbitration
    All disputes between the Constituent Councils or between any of them and the Joint Committee on the interpretation of this agreement and all disputes or differences in any way or at any time shall be referred to an arbitrator to be agreed by the parties, failing which to be named by the Secretary of State, and the current arbitration legislation will apply.

Chapter 11 - Constitution and Functions of the Joint Committee for the Partnership for Urban South Hampshire

RECITALS

  1. The Parties to this Agreement are all Local Authorities who have joined together to form the Partnership for Urban South Hampshire (hereinafter referred to as "PUSH"), the purpose of which is to promote sustainable, economic-led growth and development of South Hampshire supported by enhanced transport and other infrastructure and to lobby and/or influence on all other associated aspects of life within the PUSH Area.
  2. The Parties wish to enter into this Agreement to record their respective rights and obligations to each other
  3. The Parties enter into this Agreement in pursuance of their powers under the Local Government Acts 1972 and 2000 and all other enabling powers.

NOW IT IS AGREED:

1. Commencement This Agreement shall come into force on the date above and shall continue in force until determined in accordance with Clause 13 of this Agreement.

2. Description The Parties have entered into this Agreement with the intention of codifying the governance arrangements for PUSH. This Agreement records the present intentions of the Parties. It is entered into in good faith, but it is expressly recognised that this Agreement cannot fetter the discretion of the Parties. Subject to that, the following points are agreed.

3. Parties

  1. East Hampshire District Council of Penns Place, Petersfield, Hampshire, GU31 4EX
  2. Eastleigh Borough Council of Civic Offices, Leigh Road, Eastleigh, Hampshire SO50 9YN
  3. Fareham Borough Council of Civic Offices, Civic Way, Fareham, Hampshire, PO16 7PP
  4. Gosport Borough Council of Town Hall, High Street, Gosport, Hampshire. PO12 1EB.
  5. Hampshire County Council of The Castle, Winchester, Hampshire, SO23 8UJ
  6. Havant Borough Council of, Civic Centre Road, Havant, Hampshire PO9 2AX
  7. New Forest District Council of Appletree Court, Lyndhurst, Hampshire, SO43 7PA
  8. Portsmouth City Council of Civic Offices, Guildhall Square, Portsmouth, Hampshire, PO1 2BG
  9. Southampton City Council of Civic Centre, Southampton, Hampshire S014 7LY
  10. Test Valley Borough Council of Beech Hurst, Weyhill Road, Andover, Hampshire, SP10 3AJ
  11. Winchester City Council Colebrook Street, Winchester, Hampshire, SO23 9LJ

4. Definitions

4.1 "The Parties" means the Parties to this Agreement set out in Clause 3

4.2 "PUSH" means the Partnership for Urban South Hampshire

4.3 "The PUSH Area" means the geographical area shown on the plan inAppendix 1

4.4 "Key Objectives" means the Key Objectives for PUSH laid out in Appendix 2

4.4 "Lead Authority" means the local authority appointed by the Parties under this agreement to lead on a particular function in accordance with Clause  12.

5. Interpretation

5.1 The headings for each section throughout this Agreement are provided for ease of reference only and shall not affect its construction or interpretation.

5.2 Where the masculine gender is used it shall also incorporate the feminine gender. Where the singular is used, it shall also incorporate the plural and words importing party and persons includes bodies, corporate and unincorporated and (in each case) vice versa.

5.3 Any reference to legislation shall include a reference to that legislation as amended, applied, consolidated, re-enacted by or as having affect by virtue of any subsequent legislation

6. Principles and Key Objective

6.1 The Parties agree to establish and participate in a Partnership to be known as "Partnership for Urban South Hampshire" ("PUSH").

6.2 The Key Objectives for PUSH are as set out in Appendix 2.

7. Governance Structures, Joint Committee and Working Groups and Membership

7.1 The Governance Structures, Joint Committee and Working Group shall be established as set out in Appendix 3. Any proposed change to governance structures, Joint Committee or the Working Groups shall be treated as a variation in accordance with Clause 18.

7.2 The membership of the Governance Structures, Joint Committee and Working Group shall be as laid out in Appendix 4. Any proposed change to membership shall be treated as a variation in accordance with Clause 18.

8. Decision Making

8.1 A Joint Committee will be established with the terms of reference, membership and constitutional arrangements as set out in Appendices 3 and 4.

8.2 This Joint Committee will be administered by the relevant Lead Authority appointed in accordance with Clause 12 of this agreement. The constitutional arrangements for this Joint Committee will be determined by that Lead Authority and will, unless the Lead Authority determines otherwise, follow the Constitutional arrangements of the Lead Authority.

8.3 Decisions shall be made by a simple majority vote but must include Hampshire, Portsmouth and Southampton to be carried.

8.4 A joint overview and scrutiny committee with delegated functions to scrutinise and call-in joint committee decisions will be established with the terms of reference, membership and constitutional arrangements as set out in Appendices 3 and 4. Each member authority will nominate a member of their choice to sit on the joint overview and scrutiny committee.

9. Legal, Governance and Financial Administration Issues

9.1 PUSH shall appoint one of the Parties to provide the services of legal adviser to the Partnership under this Agreement, and that authority shall act as Lead Authority for providing advice and guidance on all corporate governance, constitutional and other legal matters. The charges for such provision (which may be sub-contracted by that authority to other authorities or the private sector) shall be met in accordance with clause 10 of this Agreement.

9.2 PUSH shall appoint one of the Parties to provide the services of financial adviser to the Partnership under this Agreement and that authority shall act as Lead Authority for providing advice and guidance on all financial administration and other associated financial issues. The charges for such provision (which may be sub-contracted by that authority to other authorities or the private sector) shall be met in accordance with clause 10 of this Agreement.

10. Financial Commitments of the Parties

10.1 The financial contributions of the parties shall, unless or until varied by the Joint Committee, be apportioned based on the proportions set out in the PUSH Cost Share Model Table set out below:

PUSH Cost Share Model

Authority

Population Strategic

Strategic Popn. %

Population Local

Local Popn. %

Weighted %

Southampton CC

217,445

23

217,445

23 23

Portsmouth CC

186,701

19

186,701

19 19

Hampshire CC

560,867

58 - 0 28

Eastleigh BC

- 0

116,169

12 6

Fareham BC

- 0

107,977

11 6

Gosport BC

- 0

76,415

8 4

Havant BC

- 0

116,849

12 6

New Forest DC

- 0

68,275

7 4

Test Valley DC

- 0

43,160

4 2

Winchester DC

- 0

16,831

2 1

East Hampshire

DC

- 0

15,191

2 1

Total

965,013

100

965,013

100

100

11. Staff and key representatives

11.1 When any Party agrees to undertaking work at the request of PUSH, the staff of the Party undertaking such work shall be considered to be seconded to PUSH.

11.2 During the period of secondment, the staff shall continue to be employed by the Party from whom they were seconded and managed by that Party and no changes to the staff's terms and conditions of employment shall take place.

11.3 When the period of secondment comes to an end, the staff shall be treated as having returned to their original authority on the terms and conditions applying to their posts had they not been seconded

12. Lead Authorities and their Duties

12.1 In order to achieve the objectives of the partnership, the Parties may appoint a Lead Authority to act on their behalf in implementing decisions of the Joint Committee.

12.2 In the event of an authority being appointed as Lead Authority by PUSH, subject to any terms, conditions, limitations or caveats, the Lead Authority shall:

  1. act as agent for PUSH in the management and day-to-day supervision of the particular task the Lead Authority has been asked to lead on;
  2. compile and return all financial and participation data relevant to the task that the Lead Authority has been asked to lead on;
  3. convene meetings comprising such individuals, bodies or others as agreed by PUSH in establishing the Lead Authority arrangements and update the Parties to this Agreement on the progress of the task assigned to the Lead Authority;
  4. act as the representative of PUSH in any discussions or negotiations when acting as the Lead Authority;
  5. provide such administrative resources and office facilities as are reasonably necessary to enable the Lead Authority to manage the project (subject to any caveats or limitations agreed by PUSH in establishing the Lead Authority arrangements);
  6. exercise overall responsibility for ensuring the quality assurance of the project or task assigned to the Lead Authority, including monitoring and evaluation in consultation with other Parties; and
  7. play such other role(s) as would normally and reasonably be expected of a Lead Authority in relation to the project or task as assigned.

12.3 The Lead Authority shall have full authority and power to act within the scope of the roles and responsibilities laid out in this Agreement on behalf of PUSH in the course of or for the purpose of doing the activities agreed by PUSH as Lead Authority in relation to the specific task assigned. Such action may be taken without further consent or approval from the Joint Committee provided this is within the scope of the Agreement. The Parties shall take such steps as shall be necessary to enable the Lead Authority to discharge the functions as assigned to them by PUSH.

13. Termination and Withdrawal

13.1 PUSH recognises that the success of the partnership depends upon the mutual co-operation of all the Parties and the withdrawal of any Party may have serious administrative and financial repercussions for the remaining Parties and any Party other than Hampshire County Council, Portsmouth City Council or Southampton City Council withdrawing from PUSH may only do so at the end of a financial year and must:

  1. give six months notice in writing of withdrawal to all other Parties; and
  2. indemnify the remaining Parties for any expenses reasonably incurred by them as a consequence of the withdrawal.

13.2 In respect of Hampshire County Council, Portsmouth City Council or Southampton City Council, where one of these authorities gives six months notice in writing of withdrawal to all other Parties, the other Parties shall consider what future arrangements should apply for the discharge of the functions under this Agreement which may include agreeing to continue joint arrangements further to a new or revised joint Agreement.

13.3 For the avoidance of doubt, where a Party wishes to withdraw from this agreement but makes that decision and gives notice within six months of the end of the current financial year, they may not withdraw from this agreement until the conclusion of the subsequent financial year.

14. Intellectual Property

14.1 Unless otherwise agreed:

  1. The Parties shall not acquire any right, title or interest in or to the intellectual property rights of PUSH.
  2. PUSH will not acquire any right, title or interest in or to the intellectual property rights of the Parties.

14.2 Any issues, challenges or claims in relation to any intellectual property rights shall be advised to each of the Parties immediately, and any intellectual property right claim shall be managed by the Parties as agreed.

15. Data Protection, Freedom of Information, information sharing & confidentiality

15.1 Without prejudice to the specific requirements of this clause, each Party shall comply with its legal requirements under data protection legislation,  freedom of information and associated legislation, and the law relating to confidentiality.

15.2 An authority will be appointed as a Lead Authority for the purposes of ensuring compliance with any legislative or legal requirements relating to these issues should they arise directly in relation to PUSH (as compared to information held by the Parties to this Agreement).

15.3 Subject to any legal obligations either arising upon the Parties and/or PUSH, information supplied by the Parties or third parties shall, unless agreed by PUSH, subject to any over-riding legal obligations, be treated as confidential.

16. Liability of the Parties

If the liability arises out of the action or inaction of one and only one Party, then that Party will be liable for that liability. Otherwise, liabilities will be met in accordance with the budget formulation as to the financial commitments of the Parties set out in Clause 10 of this agreement.

17. Review

This Agreement may be reviewed at any time by agreement between the Parties. It is expected that this Agreement will have a lifespan of no more than two years, and will formally be reviewed by PUSH by December 2007 with a view to taking on board the outcome of the Examination in Public and any legislative changes imminent or in place at that time.

18. Variations

This Agreement may at any time be varied or amended by a deed executed by all the Parties.

19. Insurance and Indemnification

Each of the Parties shall ensure that they have a sufficient policy of insurance of any work that they undertake on behalf of PUSH and for a period of six years after termination of this Agreement.

20. Severability

If any term, condition or provision contained in this agreement shall be held to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall not affect the validity, legality or enforceability of the remaining parts of this agreement.

21. Publicity

The Parties recognise their respective public reputations and legal responsibilities. Each Party shall use all reasonable endeavours not to harm or compromise these.

22. Waiver

No term or provision of this Agreement shall be considered as waived by any of the Parties to this Agreement unless a waiver is given in writing by that Party to all other Parties to this Agreement.

23. Notice

Any notice, demand or other communication required to be served under this Agreement shall be sufficiently served if delivered personally to or sent by pre-paid first class recorded delivery post or facsimile transmission to the addresses set out in Clause 3 and if so sent shall, subject to proof to the contrary, be deemed to have been received by the addressee at the time of personal delivery or on the second working day after the date of posting or unsuccessful transmission as the case may be. Anything served personally or transmitted which is received at the recipient's premises on a day when it would not in the ordinary course of its business have been open for business shall be deemed to have been received on the next following day when it is open in the ordinary course of business or would have been if it had not ceased to conduct business.

24. Governing Law

This Agreement shall be governed by and construed in accordance with English Law and the Parties hereby submit to the exclusive jurisdiction of the English Courts.

25. Counterparts

This agreement may be executed in any number of counterparts, all of which when taken together shall constitute one and the same instrument.

26. Exercise of statutory authority

Without prejudice to this agreement, nothing in this agreement shall be construed as a fetter or restriction on the exercise by any of the Parties of their statutory functions.

27. Exclusion of Third Party Rights

Save to the extent as expressly provided for in this Agreement no person not a Party to this Agreement shall have any right to enforce any term of this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement

28. Survival of Clauses

The following clauses shall survive the expiry or termination of this Agreement

29. No Partnership at Law

As public bodies, the Parties do not enter into this Agreement with any view of profit. The use of the terms "partners" and "partnership" in this Agreement merely denotes the intention of the Parties to work within local government legislation in a common way to achieve shared objectives, and should not be taken as an indication of any legal partnership for the purposes of the Partnership Act 1890.

APPENDIX 1

 

APPENDIX 2 - KEY OBJECTIVES OF PUSH

The Partnership for Urban South Hampshire was formed to deliver regeneration of the core urban areas in south Hampshire, focused on the cities of Portsmouth and Southampton. The adjoining older urban areas are also very much at the heart of this urban renaissance strategy and PUSH believes that the strong functional and physical links between the core urban areas and the semi rural hinterland must form the basis for the proper planning of the south Hampshire sub region; which must also be seen in the wider Hampshire context.

PUSH has pursued an economic regeneration/urban renaissance-driven strategy which SEERA has also adopted in crafting the SE Plan. PUSH believes that a balanced approach, with economic, social and environmental sustainability at its heart, is the responsible and appropriate way to plan for the future of south Hampshire, with an inclusive and integrated spatial strategy delivering sustainable communities into the future.

PUSH accepts and embraces managed and sustainable growth as a policy instrument to help lift deprived communities and households out of poverty and deprivation, whilst providing a foundation for the long term security of the quality of life of all the people of south Hampshire, which is dependent on economic prosperity, adequate provision of and access to housing, and maintenance of the sub regional environment.

The key objectives for PUSH are as follows, most of which are reflected in PUSH's sub-regional strategy submitted as advice to SEERA:

APPENDIX 3

GOVERNANCE, JOINT COMMITTEE AND WORKING GROUPS

PUSH - TERMS OF REFERENCE FOR JOINT COMMITTEE OF PUSH

GENERAL

  1. This is a joint committee of the Parties under the Local Government Acts 1972 and 2000.
  2. The Parties have arranged for the discharge by the Joint Committee of such of the council's functions as are within the terms of reference (set out below).
  3. Certain functions are delegated by this Joint Committee within their terms of reference to officers.
  4. Where a function or matter within the Joint Committee's competence has been delegated, the Joint Committee may exercise that function/matter concurrently with the officer to whom it has been delegated.
  5. Each of the Parties shall have one representative upon the Joint Committee (normally though not necessarily the Leader of the Council).
  6. Decisions shall be made by a simple majority vote but to be effective must be supported by the representatives of Hampshire County Council, Portsmouth City Council and Southampton City Council (if in attendance) to be effective.

TERMS OF REFERENCE

1. To develop a strategic policy framework within which the Parties can each discharge their transportation, planning and economic development functions and other incidental or linked functions so as to achieve the Key Objectives.

2. To recommend the Annual Business Plan and budget to each Party and to implement the Approved Annual Business Plan in accordance with the approved budget.

3. Subject to paragraph 2 above, to discharge, on behalf of the Parties their functions (as set out in paragraph 9) where such arrangements:

4. To influence, advise and lobby government and other agencies, both nationally and internationally, where to do so is consistent with the Key Objectives.

5. To commission research into matters relevant to the Key Objectives.

6. To develop proposals for the future development of PUSH for consideration in the Draft Annual Business Plan).

7. To develop proposals on how the Parties can discharge their functions to promote or improve the economic, social and environmental wellbeing in the PUSH area to achieve the Key Objectives

8. To carry out such other activities calculated to facilitate, or which are conducive or incidental to the discharge of the PUSH's functions in implementing the Annual Approved Business Plan

9. The relevant functions to be carried out by the joint committee shall be in accordance with the table set out below

FUNCTIONS DELEGATED BY THE PARTIES TO THE PUSH JOINT COMMITTEE

Table 1 sets out the functions delegated to the PUSH Joint Committee.

In exercising delegated functions, the Joint Committee operates according to certain key principles.

The business plan sets out the range of matters on which the Joint Committee has delegated authority to act and make decisions. These matters are ones that have crossboundary implications, rather than affecting one authority alone. The Joint Committee has all necessary delegated functions to implement the approved business plan. Individual authorities retain the power to determine local issues affecting their area alone, as these would not be included in the approved business plan.

TABLE 1

FUNCTION SCOPE OF DELEGATION

Generic Functions

Business Planning and Partnership Development

Information, studies and analysis

External Relations & Communications

Knowledge Transfer

Promoting delivery of infrastructure

External Funding

Thematic Functions

Economic Development

Economic stewardship and development activity benefiting the PUSH sub-region, in particular:

Housing

Planning

Sustainability

Culture

PUSH – TERMS OF REFERENCE FOR PUSH

JOINT OVERVIEW AND SCRUTINY COMMITTEE

GENERAL

a. This is a joint committee of the Parties under the Local Government Acts 1972 and 2000.

b. The Parties have arranged for the discharge by the Overview and Scrutiny Committee of the PUSH Joint Committee such functions as are within the Panel's terms of reference (set out below).

c. Certain functions are delegated by this Joint Committee within their terms of reference to officers.

d. Where a function or matter within the Joint Committee's competence has been delegated, the Joint Committee may exercise that function / matter concurrently with the officer to whom it has been delegated.

e. Call-in may be triggered by two or more Committee members giving due notice to the proper officer.

TERMS OF REFERENCE

1. To scrutinise and call-in Joint Committee decisions.

2. To scrutinise in particular the PUSH Business Plan and its delivery. .

3. In respect of any call-in:

§ To review decisions made in accordance with the approved business plan and where they consider it appropriate, refer such decisions back to Joint Committee with comments for reconsideration;

§ To review decisions not made in accordance with the approved business plan where they may either refer such decisions back to Joint Committee with comments for reconsideration or refer the decision back to individual authorities.

TERMS OF REFERENCE FOR THE WORKING GROUP

GENERAL

a. This Working Group is an informal body and without statutory powers or authority save as directly delegated to individual officers by their authority / the Joint Committee.

b. The Working Group may create sub-groups, reporting to the Working Group, to be responsible for specific themes and/or activities.

TERMS OF REFERENCE

1. Providing advice and guidance to the Joint Committee.

2. Monitoring and reviewing the budget, governance, financial compliance matters and issues.

3. Monitoring the action plan and delivery.

4. As delegated by the Joint Committee, to be responsible for operational decision making and the day-to-day management of projects and activities carried out in the name of or on behalf of PUSH.

5. Performance management of dedicated officer support.

6. Developing proposals for the long-term governance and delivery of PUSH's key objectives for consideration by the Joint Committee.

MEMBERSHIP

Joint Committee

The Executive Leaders of each of the partner local authorities (the position in relation to Gosport is as advised by Gosport).

Joint Overview and Scrutiny Committee

Each Party will nominate a member of their choice to sit upon the joint Overview and Scrutiny Committee.

Working Groups

The Chief Executives of each of the partner local authorities shall determine the membership of the Working Groups.



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