14 revised hr&od policies rpt - aberdeenshire
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Corporate Services
POLICY AND RESOURCES COMMITTEE – 18 APRIL 2013REVISED HR POLICIES (1) DISCIPLINARY AND (2) DRUGS AND ALCOHOL
1 Recommendations
The Committee is recommended to:
1.1 Consider the Equality Impact Assessments referred to in Section 3of this report and in doing so, to pay due regard to the Council’sPublic Sector Equality duties;
1.2 Consider the approval of the revised Disciplinary and Drugs andAlcohol Policies.
2 Background / Discussion
2.1 The policies attached as Appendix 1 have been subject to consultation andnow require approval to be implemented.
2.2 The Head of Finance and Monitoring Officer within Corporate Services havebeen consulted in the preparation of this report and formal consultation hastaken place with trade unions. Some amendments and additions have beenmade in light of the contributions made. Appendix 2 outlines the commentsreceived from trade unions and services where changes have or have notbeen incorporated into the policies.
2.3 Copies of the associated procedures and guidance have been circulated toGroup Leaders and are available for members’ information on the WardPages.
2.4 Disciplinary
2.4.1 The Disciplinary Policy and Procedures have been reviewed in line with theACAS Code of Practice on Discipline at Work and the Disciplinary Frameworkfor Teachers Competence. The main change to this policy has been theremoval of the initial warning stage (excluding teachers and associatedprofessionals).
2.4.2 New information has been added in relation to the Protection of VulnerableGroups Act (Scotland) 2007.
2.5 Drugs and Alcohol
2.5.1 The Alcohol & Drugs Misuse Policy and Procedure have been revised toinclude all employees of Aberdeenshire Council. The policy statement alsomakes new reference to contractors, agency staff and volunteers who areexpected to adhere to the principles of the policy while contracting/volunteering for Aberdeenshire Council.
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2.5.2 New information on consumption of alcohol during work related social eventshas been included.
2.5.3 A Manager Information Guide and an Employee Information Guide have beendevised to give detailed relevant information to employees.
2.5.4 A Treatment Support Agreement has been added for the employee andmanager to discuss and agree in relation to employees undergoing a courseof treatment supported by Aberdeenshire Council.
3 Equalities, Staffing and Financial Implications
3.1 Equality impact assessments have been carried out as part of thedevelopment of the proposals set out above. They are included as Appendix3 and no impacts have been identified.
3.2 There are no staffing or financial implications.
Christine GoreDirector of Corporate Services
Report prepared by Sharon Faulkner, HR Manager StrategyDate February 2013
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HR & OD POLICIES
Policy
H U M A N R E S O U R C E S A N D O R G A N I S AT I O N A L D E V E L O P M E N T
Disciplinary
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1.PolicyStatement ItistheviewofAberdeenshireCouncilthatawellmotivatedandhighlyeffectiveworkforceisessentialfortheeffectiveperformanceandconductoftheAuthority’saffairs,andforthesafetyandwellbeingofemployeesandofothersaffectedbytheCouncil’sactivities.Anappropriatedisciplinaryprocedureisnecessarytohelpensuretheseaimscanbeachieved.
The aims of the Council’s Disciplinary Policy are to provide a framework within which managers can work with employees to maintain satisfactory standards of conduct and to encourage improvement where necessary.
TheCouncilexpectsitsemployeestobeawareofandconductthemselveswithinthelaw,anycodeofpractice,competence,orethicsassociatedwiththeirprofessionortrade;anyrulesspecificallyrelatingtotheemployee’sprofessionalresponsibilitiesoractivitiesandwithingenerallyacceptedstandardsofsocialandmoralbehaviour.
TheCouncilwillassistemployeessofaraspracticableinachievingacceptablestandardsofconductbybringingtotheirattentionrulesoftheworkplaceandbyprovidingsuchtrainingasisdeemednecessarytoassisttheminundertakingtheirworkeffectivelyandsafely.Allproblemsinvolvingminormisconductandpoorperformanceshouldbedealtwith,atleastintheearlystagesandwhereappropriate,throughtheuseofinformaladvice,guidanceandcounsellingbetweentheemployeeandtheirlinemanager.Apartfromseriousorgrossmisconduct,noemployeewillbedismissedforthefirstbreachofdiscipline.
TheCouncilwillinitiateappropriatecounselling,disciplinaryorotherseriousactionifanemployeefailstomeettherequiredstandardsofconductorbehaviour
generallyreferredtoabove.Inordertoensurethefairandequitabletreatmentofemployeessubjecttodisciplinaryaction,theprocedurewillbeusedasrequiredandwillapplytoallemployees.It is our policy to ensure that any disciplinary matter is dealt with fairly and that steps are taken to establish the facts and to give employees the opportunity to respond before taking any formal action if appropriate.
TheServiceDirectorortheirnominatedrepresentativesareresponsibleforthemanagementanddisciplineoftheirService.TheServiceDirectormustensurethatallemployeesaremadeawareofthestandardsofconduct,safety,andofanydisciplinaryrulesapplyingtothem,andisultimatelyresponsibleforanydisciplinaryactiontakenagainsttheemployeesoftheService.He/sheshoulddiscusswiththeHeadofService(HumanResources&OrganisationalDevelopment)andtheHeadofLegal&Governance,ortheirnominatedrepresentatives,anyproposaltotakeseriousaction,includingdismissal.
InthecaseofpossibledismissaltheHeadofService(HumanResources&OrganisationalDevelopment),inconsultationwiththeHeadofLegal&Governance,ortheirnominatedrepresentatives,shalladviseServiceDirectorsortheirnominatedrepresentativesontheoperationoftheprocedureinordertoachieve,asfarasisreasonablypracticable,afairandconsistentapproachtoactiontakenundertheprocedure.
ServiceDirectorsandtheHeadofService(HumanResources&OrganisationalDevelopment)willberesponsibleforarrangingappropriatetrainingandbriefingontheuseoftheprocedureandthemaintenanceandupdatingofrecords,withinservicesandcentrally,sufficienttofacilitatethesmoothoperationoftheprocedure.
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• SJCforLocalGovernmentEmployees
• ScottishNegotiatingCommitteeforTeachers(SNCT)
• SJNCforLocalAuthorities’Service–CraftOperatives
• SJNCforLocalAuthorities’Service–ChiefOfficials
2.ScoPeofPolicyTheprocedurewillapplytoallemployeesoftheCouncilcoveredbythefollowingNationalSchemesofConditionsofService
TheDisciplinary Policy and Procedure conformstotherevisedDisciplinaryFrameworkforScottishTeachersandAssociatedProfessionals(SNCT12/33)andScottishSocialServicesCouncil(SSSC)codesofconduct.ItshouldbenotedthattheprovisionsoftheDisciplinaryFrameworkforTeachersandAssociatedProfessionals(SNCT12/33)alsoappliestoeducationalpsychologistsandmusicinstructors.
Inagreeingtotheintroductionofthisprocedure,AberdeenshireCouncilandthetradeunionshavetakenaccountoftheprovisionsoftherelevantnationalschemesofconditionsofservice,andthiswillbereviewedasrequired.
Notwithstandingthefactthattradeunionrepresentativesaresubjecttothisdisciplinaryprocedure,noformaldisciplinaryactionshouldbetakenagainstatradeunionrepresentativeuntilthecircumstancesofthecasehavebeendiscussedwithafull-timeofficeroftheunionconcerned.
3.RelateDleGiSlationThisPolicylinkstootherassociatedpolicies,agreements,legislationandprocedures
including:
• AcceptableUsePolicyandassociatedCodeofPracticeandCodeofPracticeforMonitoringandInvestigationofEmployees
• DisciplinaryFrameworkforScottishTeachers(SNCT12/33)
• FrameworkonTeacherCompetence(FTC)• TheProtectionofChildren(Scotland)Act
2003• ScottishSocialServicesCouncilCodesof
Conduct• HealthandSafetyatWorkAct1974• EmployeeRelationsAct1999• ACASCodeofPracticeonDisciplineat
Work• AntiFraud&CorruptionPolicy• FinancialRegulations
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DistributionTheapprovedversionsofthesedocumentaredistributedto:
name title
arcadia myJob/HRPolicies&Procedures/Disciplinary
arcadialite HR&oDPolicies>Disciplinary
Anycopiesofthesedocumentsoutwiththedistributionlistaboveisuncontrolled.
HR & OD POLICIESHUMAN RESOURCES AND ORGANISATIONAL DEVELOPMENT
DisciplinaryIndex of Documents
RevisionDate PreviousRevisionDate Summaryofchanges01-03-2006 - creationofallDocuments28-11-2012 01-112012 legislationUpdatePVG18-04-2013 28-11-2012 Scheduled
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Draft EIA Form 1404 on 25 Oct 12.doc
EQUALITY IMPACT ASSESSMENT
Stage 1: Title and aims of the activity (“activity” is an umbrella term covering policies,procedures, guidance and decisions).
Service. Corporate
Section.
HR&OD
Title of theactivity etc.
HR Policy - Disciplinary
Aims of the activity.Review of the current Aberdeenshire Council Disciplinary Policy andProcedures in line with ACAS Code of Practice on Discipline at Workand the Disciplinary Framework for Teachers Competence.
Signature(s)
Date
St
Stage 2: List the evidence that has been used in this assessment.
Internal data (customersatisfaction surveys;equality monitoringdata; customercomplaints).
Feedback from Aberdeenshire Council's Mediation and EmployeeRelations Team and Council Services.
Internal consultationwith staff and otherservices affected
Initial and Formal Consultation with HR Policy Group comprising Service andTrade Union Representatives.
External consultation(partner organisations,community groups,and councils.
External data (census,available statistics).
ACAS Code of Practice on Discipline at Work and the DisciplinaryFramework for Teachers Competence. Scottish National conditions forTeachers.
Other (generalinformation asappropriate).
Review of other local authority procedures.
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Draft EIA Form 1404 on 25 Oct 12.doc
Stage 3: Evidence Gaps.
Are there any gaps inthe information youcurrently hold?
Stage 4: Measures to fill the evidence gaps.
Measures: Timescale:What measures will betaken to fill theinformation gapsbefore the activity isimplemented? Theseshould be included inthe action plan at theback of this form.
Stage 5. Are there potential impacts on protected groups? Please complete for each protectedgroup. by inserting “yes” in the applicable box/boxes below.
Positive Negative Neutral Unknown
Age – Younger Yes
Age – Older Yes
Disability Yes
Race – (includes GypsyTravellers)
Yes
Religion or Belief Yes
Gender – male/female Yes
Pregnancy andmaternity
Yes
Sexual orientation –(includesLesbian/Gay/Bisexual)
Yes
Gender reassignment –(includes Transgender)
Yes
Marriage and CivilPartnership
Yes
Stage 6: What are the positive and negative impacts?
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Draft EIA Form 1404 on 25 Oct 12.doc
Impacts.Positive
(describe the impact for each of theprotected characteristics affected)
Negative(describe the impact for each of theprotected characteristics affected)
Please detail thepotential positiveand/or negativeimpacts on those withprotectedcharacteristics youhave highlightedabove. Detail theimpacts and describethose affected.
Stage 7: Have any of the affected groups been consulted?
If yes, please givedetails of how this wasdone and what theresults were. If no,how have you ensuredthat you can make aninformed decisionabout mitigatingsteps?
Stage 8: What mitigating steps will be taken to remove or reduce negative impacts?
Mitigating Steps Timescale
These should beincluded in any actionplan at the back of thisform.
Stage 9: What steps can be taken to promote good relations between various groups?
These should beincluded in the actionplan.
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Draft EIA Form 1404 on 25 Oct 12.doc
Stage 10: How does the policy/activity create opportunities for advancing equality of opportunity?
Promotes good practice in line with agreed employment legisaltion andnationally agreed terms and conditions of service.
Stage 11: What equality monitoring arrangements will be put in place?
These should beincluded in any actionplan (for examplecustomer satisfactionquestionnaires).
Monitoring will take place of all investigations, hearings and appeals byHR&OD.
Stage 12: What is the outcome of the Assessment?
1 No negative impacts have been identified –please explain
Documentation in line with legislation and agreed nationalconditions of service.
2Negative Impacts have been identified, these can be mitigated -please explain
*Please fill in Stage 13 if this option is chosen
3The activity will have negative impacts which cannot bemitigated fully – please explain
Please complete theappropriate box orboxes
* Please fill in Stage 13 if this option is chosen
* Stage 13: Set out the justification that the activity can and should go ahead despite the
negative impact.
Stage 14: Sign off and authorisation.
1) Service and Team Corporate, HR&OD, PolicySign off andauthorisation.
2) Title of Policy / Activity HR (if appropriate)
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Draft EIA Form 1404 on 25 Oct 12.doc
3) I/We have completed the equalityimpact assessment for thispolicy/activity.
Name: KarenMears
Position: HRTeam Leader
Date:
Name:
Position:
Date:
4) Consultation with Service Manager Name:
Date:
SharonFaulkner
5) Authorisation by Director or Headof Service
Name: Laura Simpson
Position: Head of HR&OD
Date:
6) If the EIA relates to a matter thathas to go before a Committee, sendthis form, and any supportingassessment documents, to theCommittee Officer of the relevantCommittee, e.g. Housing and SocialWork Committee.
Date:
7) Send a copy of the finalised formto EIA@aberdeenshire.gov.uk
Date:
Has the completed form been published on the website(Equalities team to complete)
Date:
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(14) Revised HR&OD Policies Appx C.doc
Formal Consultation Comments Received – Revision of Disciplinary Policy
Comment Source Action
Additional Wording:
HEALTH & WELFARE OFEMPLOYEES
All employees, including linemanagers, have the responsibility toensure, so far as is reasonablypracticable, the health, safety andwelfare of themselves and others.This includes any disease and anyimpairment as a result of a person’sphysical or mental condition.Employees who have difficulty at anystage of the procedure because of adisability should discuss the situationwith their line manager or a memberof the HR&OD team as soon aspossible.
Legal Services Agreed placed inProcedure LocalGovernmentEmployees
Removal of example I grossmisconduct section of DisciplinaryProcedure – Teachers andAssociated Professionals.
“Refusal to obey the reasonableinstructions of a line manager." Or theremoval of the whole section onexamples of gross misconduct.
EIS, Pat Flanagan Following legal advicefrom Senior Solicitor,Robin Taylor andresearch into otherapproved disciplinarypolicies for teachersacross localauthorities, and ACASCode of Conduct, wedo not accept that thisstatement or reasonsfor gross misconductshould be removed
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HR & OD POLICIES
Policy
H U M A N R E S O U R C E S A N D O R G A N I S AT I O N A L D E V E L O P M E N T
Alcohol & DrugMisuse
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31-01-2001
1.POLICYSTATEMENTAberdeenshire Council recognises misuse of and/or dependency on alcohol, drugs or other substances as a health-related and social problem which may require specialist treatment. Alcohol and Drug problems are prevalent in society and are associated with a wide variety of costs for both employers and employees. These costs include sickness absence, reduced work performance and accidents. The consumption of alcohol and drugs has implications for health and safety at work since these substances impair co-ordination, judgement and decision making.As a caring authority and with a view to reducing absenteeism and poor work performance caused through substance misuse, the Council will endeavour to support employees so affected by enabling them to have access to advice, counselling and treatment where appropriate.
This Policy aims to promote a fair and consistent response to any employee who is experiencing problems related to either alcohol and/or drugs.
2.SCOPEOFPOLICY
3.PRINCIPLESGeneralIt is accepted that substance misuse and dependency is a health-related problem and that, coupled with their responsibility for the health, welfare and safety of their employees, the Council must ensure that the possible consequences of inappropriate use of alcohol, drugs and other substances on the individual, other employees and the public are avoided as far as possible. It is unacceptable to attend work while under the influence of alcohol and/or substance misuse, and such behaviour will be addressed through the Disciplinary Procedure and will normally constitute gross misconduct.
DefinitionSubstance misuse can be defined as the problematic use of alcohol, drugs or other substances. The Council recognises that substance misuse may be the cause of a variety of problems at work including increased absenteeism and incidence of accidents, low performance standards, and problems with workplace relationships. There is therefore a need to identify employees with such problems and provide them with any necessary help as appropriate.
RelatedLegislationHealth and Safety at Work Act 1974Misuse of Drugs Act 1971 Misuse of Drugs Act (Modification) 2008 Medicines Act 1968 Drug Act 2005 Road Traffic Act 1988
This policy is concerned with the effects of alcohol and substance misuse in the workplace and applies to all Aberdeenshire Council employees.Contractors, Agency staff and Voluntary workers will be expected to adhere to the principles of this policy while contracting/volunteering for Aberdeenshire Council.Employees whose role involves either entertaining for business purposes on behalf of the Council or representing the Council at events during or out with normal working hours are considered to be employees at these times and consequently the same standards of this Policy apply
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DistributionThe approved versions of these document are distributed to:
Name Title
Arcadia MYJob/HRPolicies&Procedures/AlcoholandDrugMisuse
ArcadiaLite HR&ODPolicies>AlcoholandDrugMisuse
Any copies of these documents out with the distribution list above is uncontrolled.
HR & OD POLICIESHUMAN RESOURCES AND ORGANISATIONAL DEVELOPMENT
Alcohol & Drug MisuseIndex of Documents
RevisionDate PreviousRevisionDate SummaryofChanges31-01-2001 - CreationofallDocuments18-04-2013 31-01-2001 Revisionofalldocuments
Policy
31-01-2001
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Iken\General Secretarial\
EQUALITY IMPACT ASSESSMENT
Stage 1: Title and aims of the activity (“activity” is an umbrella term covering policies,procedures, guidance and decisions).
Service Corporate Service
Section HR&OD
Title of the activity etc. Alcohol & Drugs Misuse Policy
Aims of the activity
Revision of current Alcohol & Drugs Misuse Policy (previous revisioncarried out in 2001. The Policy has been revised to include allemployees of the Council (previously Teachers & AssociatedProfessional did not come under the provsions of this Policy)
Author(s) & Title(s)
Denice Rentoul, HR Officer
,
,St
Stage 2: List the evidence that has been used in this assessment.
Internal data(customer satisfactionsurveys; equalitymonitoring data;customer complaints).
A desire from Services that the Policy be revised and updated
Internal consultationwith staff and otherservices affected.
Consultation with all HR&OD Teams: Mediation & Employee Relations,Business Partner, Recruitment, Workforce Strategy and OrganisationalDesign & Review.Consultation with Well Being Team within Health & SafetyConsultation with HR Policy Group which includes representatives fromall Services including Head of Service levelConsuiltation with all Unions (Local Government and Teaching Unions)
External consultation(partner organisations,community groups,and councils.
Consultation with Healthy Working Lives who are an organisation withthe remit of helping employers create a safer, healthier and moremotivated workforce. They work with a variety of companies (includingAberdeenshiire Council) offering free advice and practical informationto help improve health & safety and the wellbeing of everyone at work.
External data (census,available statistics).
N/A
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Iken\General Secretarial\
Other (generalinformation asappropriate).
Aberdeenshire Council recognises that the misuse and/or dependancyon alcohol and/or drugs as a health related issue which may requirespecialist treatment. As an Authrority who cares about the health andwellbeing of its staff Aberdeenshire Council aims to reduceabsenteeism and poor work performance caused by substance misuseand will endeavour to use this Policy to support employees affected byenabling them to have access to advice, counselling and treatmentwhere appropriate
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Iken\General Secretarial\
Stage 3: Evidence Gaps.
Are there any gaps inthe information youcurrently hold?
This Policy covers all employees, contractors and volunteers.
Stage 4: Measures to fill the evidence gaps.
Measures: Timescale:
N/A
What measures will betaken to fill theinformation gapsbefore the activity isimplemented? Theseshould be included inthe action plan at theback of this form.
Stage 5: Are there potential impacts on protected groups? Please complete for each protectedgroup by inserting “yes” in the applicable box/boxes below.
Positive Negative Neutral Unknown
Age – Younger Yes
Age – Older Yes
Disability Yes
Race – (includesGypsy Travellers)
Yes
Religion or Belief Yes
Gender – male/female Yes
Pregnancy andmaternity
Yes
Sexual orientation –(includes Lesbian/Gay/Bisexual)
Yes
Gender reassignment –(includes Transgender)
Yes
Marriage and CivilPartnership
Yes
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Iken\General Secretarial\
Stage 6: What are the positive and negative impacts?
Impacts.
Positive(describe the impact for each of
the protected characteristicsaffected)
Negative
(describe the impact for each ofthe protected characteristics
affected)
N/A N/APlease detail thepotential positiveand/or negativeimpacts on those withprotectedcharacteristics youhave highlightedabove. Detail theimpacts and describethose affected.
Stage 7: Have any of the affected groups been consulted?
If yes, please givedetails of how this wasdone and what theresults were. If no,how have youensured that you canmake an informeddecision aboutmitigating steps?
Representatives from all Services and Unions who in turn represent allemployees were consulted during the revision of this Policy
Stage 8: What mitigating steps will be taken to remove or reduce negative impacts?
Mitigating Steps Timescale
N/ATheseshould beincluded inany actionplan at theback of thisform.
Stage 9: What steps can be taken to promote good relations between various groups?
These should beincluded in the actionplan.
This is a suppotive Policy and will be promoted and be accessable toall employees of the Authority
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Iken\General Secretarial\
Stage 10: How does the policy/activity create opportunities for advancing equality ofopportunity?
All employees of the Authority will have access to the support this Policy offers
Stage 11: What equality monitoring arrangements will be put in place?
These should beincluded in any actionplan (for examplecustomer satisfactionquestionnaires).
The HR Policy team have a specific enquiries address open to allemployees to feedback directly to the Team their views on thisPolicy.The Policy will be further reviewed in 2015 where the views ofemployees across all Services will be sought via the normalconsultation process. The views of the Unions who represent ouremployees will also be sought as part of the consultation process
Stage 12: What is the outcome of the Assessment?
1 No negative impacts have been identified –please explain.
This Policy is a supportive Policy developed by the Authority which isavaliable for any member of staff who maybe affected by alcohol and/orsubstance misuse
2Negative Impacts have been identified, these can be mitigated -please explain.* Please fill in Stage 13 if this option is chosen.
N/A
3The activity will have negative impacts which cannot bemitigated fully – please explain.
* Please fill in Stage 13 if this option is chosen
Please completethe appropriatebox/boxes
N/A
* Stage 13: Set out the justification that the activity can and should go ahead despite thenegative impact.
N/A
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Iken\General Secretarial\
Stage 14: Sign off and authorisation.
1) Service andTeam
Corporate Service (Policy Team HR&OD)
2) Title ofPolicy/Activity
Alcohol & Drugs Misuse (if appropriate)
Name: Denice Rentoul
Position: HR Officer
Date: 15/03/2013
Signature:
Name:
Position:
Date:
Signature:
3) Authors:I/We havecompleted theequalityimpactassessmentfor this policy/activity.
Name:
Position:
Date:
Signature:
Name:
Position:
Date:
Signature:
4) Consultationwith ServiceManager
Name:
Date:
5) Authorisationby Director orHead ofService
Name:
Position:
Date:
Name:
Position:
Date:
6) If the EIA relates to a matter that has to go before a Committee,Committee report author sends the Committee Report and thisform, and any supporting assessment documents, to the Officersresponsible for monitoring and the Committee Officer of therelevant Committee. e.g. Social Work and Housing Committee.
Date:
Sig
noff
an
da
uth
orisa
tion
.
7) EIA author sends a copy of the finalised form to: eia@abdnshire Date:
(Equalities team to complete)Has the completed form been published on the website? YES/NO
Date:
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