constitution of corby borough council constitution.pdf · 1.4 overview and scrutiny there is an...

Contents

CONSTITUTION OF CORBY BOROUGH COUNCIL

Part 1 Summary and Explanation 1.1 Corporate Complaints Procedure 1.5 Contact details of Elected Members 1.12 Part 2 Articles of the Constitution 2.1 Article 1 The Constitution 2.2 Article 2 Members of the Council 2.3 Article 3 Citizens and the Council 2.5 Article 4 The Full Council 2.6 Article 5 Chairing the Council 2.8 Article 6 Overview and Scrutiny Panels 2.9 Article 7 Policy and Regulatory Committees 2.12 Article 8 The Standards Committee 2.14 Article 9 Areas Committees and Forums 2.16 Article 10 Joint Arrangements 2.19 Article 11 Officers 2.21 Article 12 Decision Making 2.24 Article 13 Finance, Contracts and Legal

Matters 2.25

Article 14 Review and Revision of the Constitution

2.27

Article 15 Suspension, Interpretation and Publication of the Constitution

2.28

Article 16 Electronic Government 2.29 Schedule 1 Description of Alternative

Arrangements 2.30

Part 3 Responsibility for Functions 3.1 Full Council 3A.2 Resources and Regeneration Committee 3A.4 Community Committee 3A.7 Local Plan Committee 3A.11 Development Control Committee 3A.12 Licensing and Regulation Committee 3A.14 Standards Committee 3A.16 Resources and Regeneration Panel 3A.17 Community Panel 3A.19 Democracy and Governance Panel 3A.20 Employment Committee 3A.21 Joint Consultative Committee (JCC) 3A.22 Safety Committee 3A.26 Delegation – Chief Executive 3B.1 Delegation – Common Powers 3B.3 Delegation – Head of Finance 3B.5 Delegation – Head of Housing 3B.7 Delegation – Head of Human Resources &

Customer Care 3B.9

Delegation – Culture & Community 3B.10

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Contents

Delegation – Planning & Regeneration 3B.11 Delegation – Head of Legal & Asset

Management 3B.15

Delegation – Head of Performance Management E Gov & Scrutiny

3B.17

Delegation – Deputy Chief Executive 3B.18 Delegation – Corporate Director 3B.19 Delegation – Committee Services 3B.20 Delegation – Head of Street Scene

Environment & Technical 3B.21

Part 4 Rules of Procedure 4.1 Council Procedure Rules 4A.1 Access to Information Procedure Rules 4B.1 Budget and Policy Framework Procedure

Rules 4C.1

Overview and Scrutiny Procedure Rules 4D.1 Financial Procedure Rules 4E.1 Contract Procedure Rules 4F.1 Officer Employment Procedure Rules 4G.1 Part 5 Codes and Protocols 5.1 General Principles of Conduct 5.2 Elected Members’ Code of Conduct 5.4 Officers’ Code of Conduct 5.10 Protocol on Elected Member/Officer

Relations 5.18

‘Whistleblowing’ Procedure 5.24 Part 6 Members’ Allowances Scheme 6.1 Amended Final Report (08.08.02) 6A.0 Part 7 Management Structure 7.1 Part 8 Amendments to Constitution 8.1 Details of amendments made to Constitution

since adoption on 13th September 2001

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Part One – Summary and Explanation

1.1

PART ONESUMMARY AND EXPLANATION


1.2

SUMMARY AND EXPLANATION1.1 The Council’s ConstitutionThe Corby Borough Council has agreed a new constitution which sets out how theCouncil operates, how decisions are made and the procedures which are followed toensure that these are efficient, transparent and accountable to local people. Some ofthese processes are required by the law, while others are a matter for the Council tochoose.

The Constitution is divided into 16 articles which set out the basic rules governing theCouncil’s business. More detailed procedures and codes of practice are provided inseparate rules and protocols within this document (Part 5).

The Council intends that all citizens should have access to this document forinspection, both by visiting the Council’s main reception points and via the Council’sWebsite. Suggestions for improvement to the contents and/or presentation of thisdocument will be considered by the Council.

1.2 How the Council OperatesThe Council is composed of 29 Elected Members elected every four years. ElectedMembers are democratically accountable to residents in their Ward. The overridingduty of Elected Members is to the whole community, but they have a special duty totheir constituents, including those who did not vote for them.

Elected Members have agreed to follow a Code of Conduct to ensure high standardsin the way they undertake their duties. The Standards Committee trains and advisesthem on the Code of Conduct.

All Elected Members meet together as the Council. Meetings of the Council arenormally open to the public. Here Elected Members decide the Council’s overallpolicies and set the budget each year.

1.3 How Decisions Are MadeMost day-to-day decisions are made by Officers working within the rules and policiesset by the Council. The Council has one main policy committee, which deals with thefunctions listed in Part 3 of this Constitution. Committees also carry out a number ofregulatory functions, including dealing with planning applications and licensing.

Meetings of the Council’s committees are open to the public except where personalor confidential matters is being discussed. Agenda and minutes of Council meetingsare available for public inspection, both by visiting the Council’s main reception pointsor via the Council’s Website.

1.4 Overview and ScrutinyThere is an overview and scrutiny panel which supports the work of the policycommittees and the Council as a whole. They allow citizens to have a greater say inCouncil matters by holding public inquiries into matters of local concern. These canlead to reports and recommendations, which advise the policy committees and theCouncil as a whole on its policies, budget and service delivery. Overview andscrutiny panels also monitor the decisions of the policy committees. They can ‘call in’a decision which has been made by a policy committee but not yet implemented.

This enables them to consider whether the decision is appropriate. They mayrecommend that the policy committee or full Council reconsider the decision. Theymay also be consulted by policy committees on forthcoming decisions and thedevelopment of policy.


1.3

1.5 Area Committees or ForumsArticle 9 of this Constitution details the advisory forums established by the Council.These include the Rural Area Forum, the Health & Welfare Forum, and the HousingNeeds Forum. Whilst advisory in nature, these forum have the opportunity toinfluence policy development. A wide range of stakeholders are involved in thesemeetings, representing community, voluntary and other interested bodies.

1.6 The Council’s StaffThe Council has people working for it (called ‘officers’) to give advice, implementdecisions and manage the day-to-day delivery of its services. Some Officers have aspecific duty to ensure that the Council acts within the law and uses its resourceswisely. A Protocol document governs the relationships between Officers andmembers of the Council. A copy of this Protocol is included within ‘Part 5’ of thisConstitution.

1.7 Citizen’s RightsCitizens have a number of rights in their dealings with the Council. These are set outin more detail in Article 3. Some of these are legal rights, whilst others depend onthe Council’s own processes.

Where members of the public use specific council services, e.g. as a Council tenant,they have additional rights. These are not covered in this Constitution.

Citizens have the right to:

• vote at local elections if they are registered;

• contact their local Elected Member about any matters of concern to them;

• obtain a copy of the Constitution on payment of a reasonable fee;

• attend meetings of the Council and its Committees, except where, forexample, personal or confidential matters are being discussed;

• petition to request a referendum on a Mayoral form of executive;

• participate in the Council’s question time and contribute to investigationsby the overview and scrutiny panels as detailed in the Constitution;

• complain to the Council (a copy of the Council’s Complaints Procedure isdetailed in this Constitution);

• complain to the Local Government Ombudsman if they think the Councilhas not followed its procedures properly. Details relating to theOmbudsman can be obtained from the Council. However, they shouldonly do this after using the Council’s own complaints process;

• complain to the Standards Board for England if they have evidence whichthey think shows that an Elected Member has not followed the Council’sCode of Conduct. Details relating to the Standards Board for England canbe obtained from the Council; and

• inspect the Council’s accounts and make their views known to theexternal auditor.

The Council welcomes participation by its citizens in its work. For furtherinformation on your rights as citizens, please contact the Democratic ServicesSection, or access the Council’s website www.corby.gov.uk.


1.4

CORPORATE COMPLAINTS PROCEDURE

WHY HAVE A COMPLAINTS PROCEDURE?

Corby Borough Council has an adopted formal procedure for dealing with complaintsreceived from customers. Its introduction indicates the Council’s desire to meet andprotect the interests of the public and their services.

The main values derived are:

∗ assisting the users of services especially the most vulnerable members of thepublic;

∗ improved services;

∗ increased efficiency by the provision of management information;

∗ assisting in quality control;

* enhancing the reputation of the Council as a caring authority by turningdissatisfied customers into satisfied customers.

WHAT IS A COMPLAINT?

It is a not always easy to define. A complaint is an expression of dissatisfaction or agrievance. For the purposes of the complaints procedure a complaint is broadlydefined as an expression of dissatisfaction about the standard of service, actions orlack of action by Corby Borough Council or its staff, affecting an individual customer,group of customers or outside agency.

More specifically a complaint is where:

* the Council has not done something it has a duty to do;

∗ the Council has done something it has no right to do or does not normally doas a matter of established practice;

∗ the conduct of behaviour of an officer or a member is unsatisfactory;

∗ established levels of service delivery are not attained;

∗ a person does not understand or is not informed of why or how a situationarose or exists;

∗ an adopted and known procedure is not followed;

∗ maladministration is alleged.


1.5

HOW CORBY BOROUGH COUNCIL DEALS WITH COMPLAINTS

Complaints differ widely in nature and complexity. The authority’s complaintsprocedure recognises this, and therefore consists of 4 separate but related steps orlevels. The actions taken at each level are self-contained, and an investigation wouldnot normally usually involve each of the 4 levels.

At whatever level a complaint is investigated the aim of the Council is to investigateswiftly all complaints with impartiality, attempting to find a local solution wheneverpossible to the satisfaction of both complainant and Council.

To do this a number of principles, common to each level, are observed to ensure allcomplaints are dealt with promptly, systematically, efficiently and courteously. Theyare:

1. The complaints are acknowledged within 10 working days, and thecomplainant informed that the complaint will be investigated. The name of anofficer to whom further queries can be made is given. Hopefully the complaintcan be addressed within the 10 working day period, however, if due tocircumstances it will take longer to provide a substantive reply thecomplainant will be told.

2. The complainant is advised to whom an appeal can be made if the outcome isnot acceptable.

3. The complaint is recorded and all relevant papers filed for easy future access.The record includes:

i) Full name and addressii) Details of the complaintiii) Action takeniv) Officer investigating

4. Complaints received by the Council are regularly analysed to ensure anyobvious problems or adverse trends are tackled without delay.


1.6

THE FOUR STAGES

Please find detailed below the procedure that a complainant should follow. If youhave any enquiries regarding this matter please contact the Committee ServicesSection on (01536) 464015 or 464013 or access the Council’s website onwww.corby.gov.uk

First Stage – SERVICE PROVIDER

A complaint when received by the Council is referred to the relevant department. Itmay be referred to the Section Head responsible for a particular service, or dealt withby the Director of the department concerned.

Complaints can only be resolved swiftly if full details are given. For this reasoncomplaints are usually best dealt with when full details are given in writing or bycompleting the standard form available from the Council’s main reception points orvia the Council’s website. Of course genuine complaints are investigated howeverreceived.

Replies should be sent to the complainant within the agreed period. If anyunavoidable delay occurs the complainant is notified.

Second Stage – CHIEF EXECUTIVE

The Chief Executive or his/her nominated representative will investigate:

∗ any complaint he/she wishes to investigate personally.

∗ those referred by a Director or by a complainant not satisfied with the replyfrom a Director.

∗ Complaints concerning two or more departments or the authority as a whole.

∗ Complaints against Elected Members.

∗ Complaints from Members of Parliament and the Local Ombudsman.

Third Stage – ELECTED MEMBERS

You are of course able to complain to your Elected Members, should you feeldissatisfied with the response to your complaint from the Council’s officers. This maybe done either by contacting your own Elected Member, or through the ElectedMembers Surgery held most Saturday mornings at Grosvenor House, George Street,Corby. Details relating to your current local Elected Member are included on pages1.10-1.11 of this document.


1.7

Final Stage – ANALYSIS OF RECORDS

To ensure that problems or adverse trends are tackled without delay, the Councilconsiders the complaints that is has received regularly.

When appropriate, reports are made emphasising common areas that can beimproved and problems resolved. Any matters requiring more detailed investigationsare identified and referred to the appropriate section for attention.

It is anticipated over a period of time, progress towards greater efficiency, improvedservice provision and enhanced customer care will be the result.

THE LOCAL OMBUDSMAN

The Local Government Ombudsman investigates complaints against LocalAuthorities where injustice as a result of maladministration has occurred. If you feel,having exhausted the procedures detailed earlier, that your Local GovernmentOmbudsman could help you, you may wish to contact him. Booklets explaining theservice are available from the Council’s main offices.

The Local Ombudsman for the Corby Borough area is:

Local Government OmbudsmanThe OaksWestwood WayWestwood Business ParkCoventryCV4 8JBTelephone: (02476) 820000

Citizen’s may also wish to take advice from the local Citizens Advice Bureau and/orWelfare Rights Centre.

POLICY ON REMEDIES

The Council will endeavour to remedy any complaints where the Council or itsOfficers are found to be at fault, and where such remedies are both practical, legaland can be met from within the financial budget available.


1.8

CENTRAL

Councillor J C Noble43 Wheatley Avenue

CorbyNorthants NN17 1TF

(LABOUR)(01536) 267070

Councillor J O’Neill14 Lundy Avenue

CorbyNorthants NN18 8BU

(LABOUR)(01536) 399810

Councillor M Rodden34 Eskdale Avenue

CorbyNorthants NN17 1ET(CONSERVATIVE)

(01536) 395719

DANESHOLME

Councillor R Boyd30 Stavanger Close

CorbyNorthants NN18 9HT(CONSERVATIVE)

(01536) 742954

Councillor R Jackson10 Hay Close

Great Oakley, CorbyNorthants NN18 8HX(CONSERVATIVE)

(01536) 746206

Councillor C Stanbra9/10 Skagerrak Close

CorbyNorthants NN18 9EF

(LIBERAL DEMOCRAT)(01536) 747470

EAST

Councillor M Pengelly70 Stephenson Way

CorbyNorthants NN17 1DB

(LABOUR)(01536) 508659

Councillor B Wade“Signal House”

6 Oakley Road, CorbyNorthants NN17 1NA

(LABOUR)(01536) 265705

HAZELWOOD

Councillor A Ferns45 Highbrook

CorbyNorthants NN18 9AZ

(LABOUR)(01536) 747918

Councillor P W McEwan29 Blake Road

CorbyNorthants NN18 9LN

(LABOUR)(01536) 407011

Councillor R A W Scott6 Occupation Road

CorbyNorthants NN17 1EB

(LABOUR)(01536) 262620

HILLSIDE

Councillor E D Gordon1 Bergen Walk

CorbyNorthants NN18 9DP

(LABOUR)(01536) 461994


1.9

KINGSWOOD

Councillor M E Forshaw49 Northbrook

CorbyNorthants NN18 9AU

(LABOUR)(01536) 460872

Councillor BB Massie46 Northbrook

CorbyNorthants NN18 9AX

(LABOUR)(01536) 461186

Councillor W SmithC/o Democratic Services

Grosvenor HouseGeorge St., CORBY

(INDEPENDENT)c/o (01536) 464015

LLOYDS

Councillor P Fawcett14 Occupation Road

CorbyNorthants NN17 1EB

(LABOUR)(01536) 508527

Councillor S A Hogston8 Tanfields Grove

CorbyNorthants NN17 1HH(CONSERVATIVE)c/o (01536) 464015

Councillor J G Kane36 Studfall Avenue

CorbyNorthants NN17 1LB

(LABOUR)(01536) 202996

LODGE PARK

Councillor J G Addison28 White Post Court

CorbyNorthants NN17 2AG

(LABOUR)(01536) 263024

Councillor D S Harley29 Rutherglen Road

CorbyNorthants NN17 1ER

(LABOUR)(01536) 401732

Councillor C A Woolmer3 Coleridge Way

CorbyNorthants NN17 2NZ(CONSERVATIVE)

(01536) 260900

RURAL EAST

Councillor S J Heggs10 Grays Drive

Stanion, KetteringNorthants NN14 1DE(CONSERVATIVE)

(01536) 202908

Councillor A P HowardThe Old Shambles

41 Park St., Kings Cliffe,Peterborough PE8 6XN

(CONSERVATIVE)(01780 444444)

RURAL NORTH

Councillor P C Bromhall29 High StreetGretton, Corby

Northants NN17 3DE(LIBERAL DEMOCRAT)

(01536) 770741


1.10

RURAL WEST

Councillor R W RuttWoods Farm CottagePipewell Road, East

Carlton, Leics LE16 8YD(CONSERVATIVE)(07801 945948) m.

SHIRE LODGE

Councillor R Beeby14 Yardley Close

CorbyNorthants NN17 2YE

(LABOUR)(01536) 260281

Councillor A Torrie37 Ashley Avenue

CorbyNorthants NN17 2ST(CONSERVATIVE)

(01536) 393940

WEST

Councillor T Beattie85 Welland Vale Road

CorbyNorthants NN17 2AN

(LABOUR)(01536) 394489

Councillor W Latta7 Minehead Close

CorbyNorthants NN18 0BU

(LABOUR)(01536) 403544

All written correspondence to Councillors may also be sent c/o DemocraticServices, Grosvenor House, George Street, Corby, Northamptonshire NN17

1QBOr via - [email protected]

Part Two - Articles

2.1

PART TWO ARTICLES OF THE CONSTITUTION

Part Two - Articles

2.2

ARTICLE 1 – THE CONSTITUTION

Contents of the Article

This Article sets out the fundamental provisions of the Constitution. It confirms that the local authority will act within the law and the provisions of this Constitution. It defines those documents which comprise the Constitution.

1.1 Powers of the Council The Council will exercise all its powers and duties in accordance with the law and this Constitution.

1.2 The Constitution This Constitution, and all its appendices, is the Constitution of the Corby Borough Council.

1.3 Purpose of the Constitution 1. The purpose of the Constitution is to:

i) Enable the Council to provide clear leadership to the community in partnership with citizens, businesses and other organisations;

ii) Support the active involvement of citizens in the process of local authority decision-making;

iii) Help Elected Members represent their constituents more effectively;

iv) Enable decisions to be taken efficiently and effectively;

v) Create a powerful and effective means of holding decision-makers to public account;

vi) Ensure that no one will review or scrutinise a decision in which they were directly involved;

vii) Ensure that those responsible for decision making are clearly identifiable to local people and that they explain the reasons for decisions; and

viii) Provide a means of improving the access to or delivery of services to the community, including through the utilisation of electronic government.

1.4 Interpretation and Review of the Constitution Where the Constitution permits the Council to choose between different courses of action, the Council will always choose that option which it thinks is closest to the purposes stated above.

The Council will monitor and evaluate the operation of the Constitution as set out in Article 14.

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2.3

ARTICLE 2 – MEMBERS OF THE COUNCIL


This Article sets out the composition of the Council, eligibility to stand for election as a member of the council and the form of election to be used. It also contains a section in which the local authority provides details of the roles and functions of members of the council. This Article also deals with the rights and duties of members, especially as they affect access to land, buildings, documents and information and any confidentiality requirements surrounding the latter.

2.1 Composition and Eligibility a) Composition. The Council will comprise of 29 Members, otherwise called

Elected Members. One or more Elected Members will be elected by the voters of each Ward in accordance with a scheme drawn up by The Electoral Commission and approved by the Secretary of State.

b) Eligibility. Only those qualified to stand as a candidate in local elections under statute will be eligible to hold the office of Elected Member.

2.2 Election and Terms of Elected Members Election and terms. The regular election of Elected Members will be held on the first Thursday in May every four years beginning in 2003. The terms of office of Elected Members will start on the fourth day after being elected and will finish on the fourth day after the date of the next regular election.

2.3 Roles and Functions of All Elected Members a) Key Roles (based upon best practise)

i) collectively be the ultimate policy-makers and carry out a number of strategic and corporate management functions;

ii) contribute to the good governance of the area and actively encourage community participation and citizen involvement in decision making;

iii) effectively represent the interests of their ward and of individual constituents;

iv) respond to constituents’ enquiries and representations, fairly and impartially;

v) participate in the governance and management of the Council; and

vi) maintain the highest standards of conduct and ethics.

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2.4

b) Rights and duties

i) Elected Members will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law.

ii) Elected Members will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Elected Member or Officer entitled to know it.

iii) For these purposes, “confidential” and “exempt” information is defined in the Access to Information Rules in Part 4 of this Constitution.

2.4 Conduct Elected Members will at all times observe the Members’ Code of Conduct and the Protocol on Member/Officer Relations set out in Part 5 of this Constitution. Failure to observe the Code of Conduct may result in full or partial suspension from office and in extreme cases disqualification from office.

2.5 Allowances Elected Members will be entitled to receive allowances in accordance with the Members’ Allowances Scheme set out in Part 6 of this Constitution. This Scheme may be reviewed by the Council at its discretion in accordance with relevant regulations.

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ARTICLE 3: CITIZENS AND THE COUNCIL

Contents of this Article

This Article sets out what citizens can expect from the Council and what rights they have, and what responsibilities.

3.1 Citizens’ Rights Citizens have the following rights. Their rights to information and to participate are explained in more detail in the Access to Information Rules in Part 4 of this Constitution.

a) Voting and petitions. Citizens on the electoral roll for the area have the right to vote and sign a petition to request a referendum for an elected mayoral form of Constitution.

b) Information. Citizens have the right to:

i) attend meetings of the Council and its committees except where confidential or exempt information is likely to be disclosed and the meeting is therefore held in private;

ii) see reports and background papers and any records of decisions made by the Council and the executive;

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

iv) Expect the Council to ensure that citizens have equal opportunity of access to information, including through the Council’s utilisation of information technology; and

v) Access information held by the Council in accordance with relevant legislation.

c) Participation. Citizens have the right to participate in the Council’s business as detailed within the Constitution and the Council’s Public Participation Policy.

d) Complaints. Citizens have the right to complain to:

i) the Council itself under its corporate complaints scheme;

ii) the Local Government Ombudsman after using the Council’s own complaints scheme;

iii) the Standards Board for England about a breach of the Elected Member’s Code of Conduct.

3.2 Citizens responsibilities Citizens must not be violent, abusive or threatening to Elected Members or Officers and must not wilfully harm things owned by the Council, Elected Members or Officers.

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2.6

ARTICLE 4 : THE FULL COUNCIL


This Article details those policy documents & strategy documents which comprise the “policy framework” of the Council. This policy framework and the annual budget are the responsibility of the full Council. This Article also details the different types of full Council meetings, and those matters reserved for full Council to decide.

4.1 Meanings a) Policy Framework The policy framework means the following plans and

strategies:-

• Best Value Performance Plan

• Community Strategy

• Crime and Disorder Reduction Strategy

• Plans and Strategies which together comprise the Development Plan

• Council’s Corporate Plan

• Food Law Enforcement Service Plan

• The plan and strategy which comprise the Housing Investment Programme

• Local Agenda 21 Strategy

• Quality Protects Management Action Plan

• Culture Strategy

• Implementing Electronic Government Statement (IEG)

• Asset Management Plan

• Capital Strategy Statement

b) Budget. The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the Council Tax base, setting the Council Tax and decisions relating to the control of the Council’s borrowing requirements, the control of its capital expenditure and the setting of virement limits.

c) Housing Land Transfer. Housing Land Transfer means the approval or adoption of applications (whether in draft form or not) to the Secretary of State for approval of a programme of disposal of 500 or more properties to a person under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 or 43 of the Housing Act 1985.

Only the Full Council will exercise the following functions:

a) adopting and changing the Constitution;

b) approving or adopting the policy framework, the budget and any application to the Secretary of State in respect of any Housing Land Transfer;

c) agreeing and/or amending the terms of reference for committees or panels, deciding on their composition and making appointments to them;

Part Two - Articles

2.7

d) Adopting an allowances scheme under Article 2;

e) Changing the name of the area, conferring the title of honorary alderman or freedom of the Borough [freedom only applies to Councils with the status of cities or Boroughs];

f) Appointing representatives to outside bodies unless the appointment has been delegated by the Council;

g) Confirming the appointment of the Head of Paid Service, the s.151 Officer and the Monitoring Officer and any other post unless delegated;

h) Making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal Bills; and

i) All other matters which by law must be reserved to Council.

4.2 Council Meetings There are three types of Council meeting:

a) the Annual Meeting

b) Ordinary meetings

c) Extraordinary meetings (Special)

These will be conducted in accordance with the Council Procedure Rules in Part 4 of this Constitution.

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2.8

ARTICLE 5 – CHAIRING THE COUNCIL


This article explains the role of the Mayor.

5.1 Role and function of the Mayor The Mayor will be elected by the Council annually. The Mayor and in their absence, the Deputy Mayor will have the following roles and functions:

a) to uphold and promote the purposes of the Constitution, and to interpret the Constitution when necessary as chair of Full Council;

b) to preside over meetings of the Council so that its business can be carried out efficiently and with regard to the rights of Elected Members and the interests of the community;

c) to ensure that the Council meeting is a forum for the debate of matters of concern to the local community and the place at which members who do not sit on policy committees or hold committee Chairs are able to hold the members of the policy committees and committee Chairs to account;

d) to promote public involvement in the Council’s activities;

e) to be the conscience of the Council; and

f) to attend such civic and ceremonial functions as the Council and he/she determines appropriate.

In the event that both the Mayor and the Deputy Mayor are absent Elected Members may elect a Chair from their number for the duration of that particular meeting.

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2.9

ARTICLE 6 – OVERVIEW AND SCRUTINY PANELS


This Article explains the role of overview & scrutiny panels within the Council. These panels cannot make decisions on behalf of the Council, but can scrutinise decisions made by the council’s policy committees and assist in the development of policy.

6.1 Terms of Reference The Council will appoint the overview and scrutiny panels set out in the left hand column of the table below to discharge the functions conferred by section 21 of the Local Government Act 2000 or regulations under section 32 of the Local Government Act 2000 in relation to the matters set out in the right hand column of the same table. More detailed Terms of Reference for each panel are set out in Schedule 1 of Part 4 of this Constitution.

Panel Scope

Overview & Scrutiny Panel

(consists of 10 elected members and up to 3 non-voting co-opted members)

The Panel performs the overview & scrutiny function for the Council (except for where it has been delegated to another body). A full terms of reference for the Overview & Scrutiny Panel may be found within Part 3 of this Constitution.

6.2 General Role With their terms of reference, overview and scrutiny panels will:

i) make reports and/or recommendations to the full Council and/or any policy, and/or area committee in connection with the discharge of any functions.

ii) Review and/or scrutinise decisions made or actions taken in connection with the discharge of any Council function.

iii) Consider any matter affecting the area or its inhabitants; and

iv) Exercise the right to call-in, for reconsideration, decisions made but not yet implemented by the policy committees.

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2.10

6.3 Specific Functions a) Policy development and review. Overview and scrutiny panels may:

i) assist the Council in the development of its budget and policy framework by in-depth analysis of policy issues;

ii) conduct research, community and other consultation in the analysis of policy issues and possible options;

iii) consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

iv) question members of policy committees and chief officers about their views on issues and proposals affecting the area; and

v) liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.

b) Scrutiny. Overview and scrutiny panels may:

i) review and scrutinise the decisions made by and performance of committees and council officers both in relation to individual decisions and over time;

ii) review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas;

iii) question members of committees and chief officers about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects;

iv) make recommendations to the appropriate committee and/or Council arising from the outcome of the scrutiny process;

v) review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the overview and scrutiny committee and local people about their activities and performance; and

vi) question and gather evidence from any person (with their consent).

c) Finance. Overview and scrutiny panels may exercise overall responsibility for the finances made available to them.

d) Annual report. Overview and scrutiny panels must report annually to full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate.

6.4 Proceedings of Overview and Scrutiny Panels Overview and scrutiny Panels will conduct their proceedings in accordance with the Overview and Scrutiny Procedure Rules set out in Part 4 of this Constitution.

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6.5 Co-Opted Members Full Council has agreed to allow co-opted members to sit on the Council’s overview and scrutiny panel. These co-opted members do not have voting rights. Co-opted membership of the panel includes:-

Overview & Scrutiny Panel -

1 x FORTAC representative

1 x parish representative

1 x business community representative

Nominations for these positions would be sought from the respective groups/organisations. Any nominations received for these positions require Full Council ratification prior to them taking-up their position on the overview and scrutiny panel. Substitution arrangements apply for these positions, however no co-opted member may sit or be nominated to sit or nominated to act as substitute for more than one position.

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ARTICLE 7 – POLICY AND OTHER COMMITTEES


This Article summarises those committees which make decisions and formulate policy on behalf of the full Council. These committees comprise of two types, “policy committees” which decide political decisions, and “regulatory committees” which deal with matters in a non-political manner.

7.1 Policy Committees The Council has one main policy committee, with delegated authority to make decisions on behalf of the Council. In addition the Council has established two time-limited topic specific policy committees. The functions these committees undertake are detailed in Part 3 “Responsibility for Functions” within this Constitution. In addition the Council has created a Local Plan Committee to oversee and monitor the review of the Local Development Plan.

One Corby Policy Committee (this consists of 13 elected members)

The formulation of the budget and policy framework and the implementation of these in respect of all the Council’s functions.

Full details of the terms of reference of the committee may be found in Part 3 of this Constitution.

Parklands Gateway Committee (this consists of 10 elected members)

To oversee on behalf of the Council the authority’s involvement in the Parklands Gateway project within the strategy & budget set by Full Council.


Local Plan Committee (effective 21.11.02)

The membership of this committee consists of 5 Elected Members inc. the Chair or Vice-Chair of the Development Control Committee but not both. No other full member of the Development Control Committee should sit on this committee.

To oversee and monitor the review of the Local Development Plan, and to submit recommendations to Full Council as appropriate.


Audit & Governance Committee (this consists of 6 elected members)


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7.2 Co-Opted Members

There are no co-opted members on the Council’s policy committees.

7.3 Regulatory and other committees The Council has established committees to deal with regulatory functions. These committees do not create council policy, but enforce that policy or carry out other statutory duties. The functions these committees undertake are detailed in Part 3 “Responsibility for Functions” within this Constitution.

No co-opted membership of these regulatory committees is permitted under this Constitution.

Development Control Committee The membership of this committee consists of 10 Elected Members.

Planning and conservation – functions relating to town and country planning, development control, tree preservation, listed buildings.

Licensing & Regulation Committee The membership of this committee consists of 12 Elected Members.

Taxi, gaming, entertainment, food and miscellaneous licensing, health & safety, environmental health. To fulfil the Council’s responsibilities under the Licensing Act 2003 and all other duties relating to gambling licensing.

The committees detailed below are not open to the public, but are related to the Council’s responsibilities as an employer.

Employment Appeals Committee The membership of this committee consists of 3 Elected Members appointed by Full Council or under delegated authority by the Chief Executive.

To consider appeals against dismissal and staff disciplinary matters.

Joint Consultative Committee The membership consists of representatives of recognised trade unions, management & Elected Members.

To consider matters relating to employment relations within the Council.

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ARTICLE 8 – The Standards Committee


This Article explains the composition and function of the local authority’s Standards Committee.

8.1 Standards Committee The Council meeting will establish a Standards Committee.

a) Membership. The Standards Committee will be composed of at least:

• Two people who are not Elected Members or officers of the council or any other body having a standards committee (an independent member)

• One member of a parish council wholly or mainly in the Council’s area (a Parish Member).

• Three Elected Members (of whom at least one should not be a member of the political group forming the administration of the Council).

b) Independent & Parish Member(s). Independent & Parish member(s) will be entitled to vote at meetings.

c) Parish Members. At least one parish member should be included within the committee membership.

d) Chairing the Committee. Neither the Leader, Deputy Leader nor the Chair or Vice-Chair of any of the Council’s policy committees may chair the Committee. Independent or Parish members may be elected as Chair.

e) Terms of Office. The Independent members of the Committee will be chosen according to the procedure laid down within the Local Government Act 2000. Nominations for inclusion on the Standards Committee are required to be ratified by full Council. Independent members will be chosen following each Local Authority Election or for a period of four years whichever is the longer. Independent members will serve until the proceeding Local Authority Election or on the expiry of a period of four years.

Borough Council and Parish Council representatives will be chosen on an annual basis; nominations require to be ratified by full Council.

8.2 Role and Function The Standards Committee will have the following roles and functions:

a) promoting and maintaining high standards of conduct by Elected Members and co-opted members;

b) assisting the Elected Members and co-opted members to observe the Members’ Code of Conduct;

c) advising the Council on the adoption or revision of the Members’ Code of Conduct;

d) monitoring the operation of the Members’ Code of Conduct;

e) advising, training or arranging to train Elected Members and co-opted members on matters relating to the Members Code of Conduct;

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f) Granting dispensations to Elected Members and co-opted members from requirements relating to interests set out in the Members’ Code of Conduct;

g) Dealing with any reports from a case tribunal or interim case tribunal and any report from the monitoring officer on any matter which is referred by an ethical standards officer to the monitoring officer;

h) the exercise of (a) to (g) above in relation to the parish councils wholly or mainly in its area and the members of those parish councils;

i) Consider referrals made by the Standards Board for England under The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003.

8.3 Appointment and ratification of Independent Members There are two Independent Member positions on the local Standards Committee. When vacancies occur, Full Council shall select an Appointment Panel comprising of no more than three elected members. The Leader of the Council, the Deputy Leader of the Council, and all serving Standards Committee Members are excluded from participation on the Appointment Panel. The Panel will meet to consider applications for the vacancy. The Panel shall forward their preferred candidate’s nomination to Full Council for ratification, prior to that candidate assuming their responsibilities on the local Standards Committee.

The Relevant Authorities (Standards Committee) Regulations 2001 govern the composition and appointment of the local Standards Committee.

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ARTICLE 9 – Area Committees & Forums


This Article explains the composition and role of both the Council’s Rural Area Forum, and other forum established to discuss specific areas of interest.

9.1 Area Committees and Forums The Council may appoint area committees or forums as it sees fit, if it is satisfied that to do so will ensure improved service delivery in the context of Best Value and more efficient, transparent and accountable decision making.

The Council will consult with relevant Parish Councils and the Chairs of relevant Parish Meetings when considering whether and how to establish area committees or forum which affect those areas of the borough.

9.2 Form, Composition and Function a) Table of area forums. The Council will appoint the area forums as set out in

the first column of the table below, composed as set out in the second column of that table and with the terms of reference set out in the third column.

Name of Committee Composition Terms of Reference

Rural Area Forum As the body is advisory only, there is no requirement for political balance.

Borough Elected Members from:

Rural West Rural North Rural East (x2) One member representative from:

East Carlton Parish Council Cottingham Parish Council Rockingham Parish Meeting Middleton Parish Council Gretton Parish Council Weldon Parish Council Stanion Parish Council The respective parish clerks may also attend but do not have voting rights. Representative(s) from CPRE, NALC, ACRE & NCC and other relevant bodies may also attend by invitation.

To advise the Council, through both the policy committees and the overview & scrutiny panels, on identifying issues of particular concern to the rural areas of the borough, to give a rural perspective on issues of borough-wide concern, to disseminate information from the rural areas to the Council and vice versa.

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9.3 Conflicts of interest – membership of area committees or forums and overview and scrutiny panels a) Conflict of Interest. If an overview and scrutiny panel is scrutinising specific

decisions or proposals in relation to the business of the area committee or forum of which the Elected Member concerned is a member, then the Elected Member may not speak or vote at the overview and scrutiny panel meeting unless a dispensation to do so is given by the local Standards Committee.

b) General policy reviews. Where the overview and scrutiny panel is reviewing policy generally, the member must declare his/her interest before the relevant agenda item is reached, but need not withdraw.

9.4 Area Committees or Forums - Access to Information Area Committees or Forums will comply with the Access to Information Rules in Part 4 of this Constitution. All Forums must be chaired by a CBC Elected Member, except the Rural Area Forum which may be chaired by the Chair of a Parish Council or the Chair of Rockingham Parish Meeting (effective 15.05.03).

9.5 Other Forum The Council has established other forums. The Community Safety Forum is a public meeting, to which all citizens are invited to attend and may participate. Membership of the Housing Needs Forum and the Health & Welfare Forum are by invitation. Forums are able to forward policy issues to the Council for consideration. Any policy issues to be raised will be forwarded to the Proper Officer, who will decide the most appropriate mechanism for raising the issues within the Council's political structure.

Community Safety Forum (Ad hoc)

Terms of reference

• To provide a forum for the Council, other agencies and the public to discuss issues of common concern relating to Community Safety, and discuss measures to improve the quality of life for the borough’s citizens.

• To identify actions and strategies aimed at maintaining and enhancing Community Safety in its widest sense.

• To discuss initiatives/projects within the scope of Community Safety, including progress reports on projects resulting from the Crime Safety Audit.

• To be aware of research and projects in operation elsewhere which may benefit the local community.

• To contribute to the Council’s Crime and Disorder Reduction Strategy, and the Council’s Community Strategy.

Membership

• All CBC Elected Members • The press & public • Northamptonshire Police • Northamptonshire Fire & Rescue Service • FORTAC representatives • Parish Council representatives • CBC Officers as required

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Health & Welfare Forum

Terms of reference

• To take evidence from organisations and individuals working in the fields of health and social welfare within the borough.

• Commissioning research from Council officers and relevant public bodies on health and social conditions in the borough.

• Producing and monitoring the Community Enhancement Strategy.

• Making recommendations on specific issues e.g. responses to proposed health service changes, and to receive statutory NHS consultations.

• Review Council policies and priorities (particularly with regard to charging) from an anti-poverty perspective.

• Seeking partnership with voluntary and statutory agencies to improve social conditions and health services within the borough.

• To act as the Council’s consultative forum for health and social inclusion issues within the borough.

Housing Needs Forum

Terms of reference (as amended by former Democracy & Governance Panel 16th June 2005)

• To contribute to the implementation of local, county and regional housing-related strategies

• To exchange information between a variety of stakeholders within the housing sector on service delivery and related “good practise”

• To provide comment and ideas on matters concerning housing and neighbourhood services, particularly concerning housing needs, homelessness, housing benefit, services funded via Supporting People, mainstream lettings and wider “housing options”

• To identify investment opportunities within the housing sector

Membership

• The appointed Lead Member (Housing) who shall act as Chair of the Forum

• Representative from the Council’s Overview & Scrutiny Panel

• Representatives of community bodies

• Representative from FORTAC

• Representative(s) from RSLs and service agents

• Northamptonshire Supporting People

• Representative from Corby Landlord Forum

• CBC Officers to attend as required

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ARTICLE 10 - JOINT ARRANGEMENTS


This Article explains the criteria for the delegation of the Council’s functions to joint arrangements with another external body.

10.1 Arrangement to promote well-being The duty to prepare a community strategy and the power to promote well being are closely related to the community leadership role of the Council.

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

a) enter into arrangements or agreements with any person or body;

b) co-operate with, or facilitate or co-ordinate the activities of, any person or body; and

c) exercise on behalf of that person or body any functions of that person or body

10.2 Joint Arrangements a) The Council may establish joint arrangements with one or more local

authorities and/or their executives to exercise functions in any of the participating authorities, or advise the Council. Such arrangements may involve the appointment of a joint committee with these other local authorities.

b) Details of any joint arrangements including any delegations to joint

committees will be found in the Council’s Scheme of Delegations in Part 3 of this Constitution.

10.3 Access to Information

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

10.4 Delegation to and from other local authorities a) Full Council may delegate functions to another local authority or, in certain

circumstances, the executive of another local authority.

b) The decision whether or not to accept a delegation from another local authority shall be reserved to Full Council.

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10.5 Contracting Out The Council may contract out to another body or organisation functions which may be exercised by an Officer and which are subject to an Order under Section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council’s agent under usual contracting principles, provided there is no delegation of the Council’s discretionary decision making.

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ARTICLE 11 – OFFICERS


This Article explains the senior management structure of the local authority, and defines the statutory role of the Head of Paid Service, the Monitoring Officer and the Chief Financial Officer.

11.1 Management Structure a) General. The Full Council may engage such staff (referred to as Officers) as

it considers necessary to carry out its functions.

b) Head of Paid Service, Monitoring Officer and Chief Financial Officer.

The Council will designate the following posts as shown:-

The Chief Executive should always be the Head of Paid Service but cannot also be the Monitoring Officer. The Monitoring Officer and Chief Finance Officer may not necessarily be Chief Officers but regardless of their status, Councils will need to ensure they have access, as necessary, to meetings and that members consult them regularly.

The duties of both the Monitoring Officer and Chief Finance Officer (apart from the administration of the financial affairs of the Council) must be carried out personally, but can be carried out by a deputy nominated by them in cases of absence or illness.

Post Designation

Chief Executive Head of Paid Service

Head of Legal & Democratic Services

Monitoring Officer

Corporate Director (Resources) Chief Finance Officer (S151)

Such posts will have the functions described in Article 12 below:

c) Structure. The Head of Paid Service will determine and publicise a description of the overall departmental structure of the Council showing the management structure and deployment of Officers. This is set out at Part 7 of this Constitution.

11.2 Functions of the Head of Paid Service i) Discharge of functions by the Council. The Head of Paid Service will

report to Full Council on the manner in which the discharge of the Council’s function is co-ordinated, the number and grade of Officers required for the discharge of functions and the organisation of officers.

ii) Restrictions on functions. The Head of Paid Service may not be the Monitoring Officer but may hold the post of Chief Finance Officer if a qualified Accountant.

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11.3 Functions of the Monitoring Officer i Maintaining the Constitution. The Monitoring Officer will maintain an up-to-

date version of the Constitution and will ensure that it is widely available for consultation by members, staff and the public.

ii Ensuring lawfulness and fairness of decision making. After consulting with the Head of Paid Service and Chief Finance Officer, the Monitoring Officer will report to Full Council if he or she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

iii Supporting the Standards Committee. The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the local Standards Committee.

iv Receiving Reports. The Monitoring Officer will receive and act on reports made by Ethical Standards Officers and decisions of the case tribunals.

v Conducting investigations. The Monitoring Officer will conduct investigations into matters referred by Ethical Standards Officers and make reports or recommendations in respect of them to the local Standards Committee.

vi Proper Officer for Access to Information. The Monitoring Officer will ensure that decisions, together with the reasons for those decisions and relevant Officer reports and background papers are made publicly available as soon as possible.

vii Providing advice. The Monitoring Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, and probity to all Elected Members, and will support and advise Elected Members and officers in their respective roles.

viii Restrictions on posts. The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service.

The current Monitoring Officer is the Head of Legal & Democratic Services. The current Deputy Monitoring Officer is the Council’s Democratic Services Manager.

11.4 Functions of the Chief Finance Officer i) Ensuring lawfulness and financial prudence of decision making. After

consulting with the Head of Paid Service and the Monitoring Officer, the Chief Finance Officer will report to Full Council and the Council’s external auditor if he/she considers that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency of if the Council is about to enter an item of account unlawfully.

ii) Administration of financial affairs. The Chief Finance Officer will have responsibility for the administration of the financial affairs of the Council.

iii) Contributing to corporate management. The Chief Finance Officer will contribute to the corporate management of the Council, in particular through the provision of professional financial advice.

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iv) Providing advice. The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, and probity to all Elected Members and will support and advise Elected Members and officers in their respective roles.

v) Give financial information. The Chief Finance Officer will provide financial information to the media, members of the public and the community as required by statute or Council policy.

11.5 Duty to provide sufficient resources to the Monitoring Officer and Chief Finance Officer

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

11.6 Conduct Officers will comply with the Officers’ Code of Conduct and the Protocol on Officer/Member Relations set out in Part 5 of this Constitution.

11.7 Employment The recruitment, selection and dismissal of Officers will comply with the Officer Employment Rules set out in Part 4 of this Constitution.

11.8 Chief Officers. The Full Council will engage persons for the following posts, who will be designated the Council’s Core Management Team:

CORE MANAGEMENT TEAM

Chief Executive (Head of Paid Service) – Mr Chris Mallender Corporate Director (Resources) – Mr Paul Hymers Corporate Director (Operational Services) – Mr Norman Stronach

Current Chief Finance Officer (s.151) – Mr Paul Hymers Current Monitoring Officer – Mr Simon Aley In addition the following comprises the Council’s Heads of Service: -

HEADS OF SERVICE

Financial Services – Mr Adrian Sibley Regeneration & Growth – Ms Rebecca Yee Special Projects – Mr Peter Griggs Legal & Democratic Services – Mr Simon Aley Culture & Leisure – Mr Chris Stephenson Customer First – Mr Tim Marren Environmental Quality – Mr Iain Smith Neighbourhood Pride – Mrs Angela Warburton Assistant Chief Executive – postholder seconded

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ARTICLE 12 – DECISION MAKING


This Article describes the procedure for decision making within the local authority.

12.1 Responsibility for Decision Making The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part 3 of this Constitution.

12.2 Principles of Decision Making All decisions of the Council will be made in accordance with the following principles:

Good decision making goes beyond observing the often rehearsed legal requirements to have regard to all relevant considerations and ignore all irrelevant factors set out in Associated Picture Palaces v Wednesbury Corporation [1948] IKB223. It involves the realistic evaluation of alternatives and due consultation through effective access for the public to decision making and decision-makers.

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

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

c) respect for human rights (see below for further details);

d) a presumption in favour of openness; and

e) clarity of aims and desired outcomes.

12.3 Decision Making by the Full Council Subject to Article 13 the Council meeting will follow the Council Procedures Rules set out in Part 4 of this Constitution when considering any matter.

12.4 Decision making by overview and scrutiny panels Overview and scrutiny panels will follow the Overview and Scrutiny Procedures Rules set out in Part 4 of this Constitution when considering any matter.

12.5 Decision making by other committees and sub-committees established by the Council Subject to the paragraph below on “Decision making by Council bodies acting as tribunals” other Council committees and sub committees will follow those part of the Council Procedures Rules set out in Part 4 of this Constitution as apply to them.

12.6 Decision making by Council bodies acting as tribunals Many of the licensing and enforcement functions of ordinary committees will entail them acting in a quasi-judicial capacity. Standards Committees may also need to be particularly aware of Article 6 of the European Convention on Human Rights issues.

The Council, a Elected Member or an Officer acting as a tribunal or in a quasi judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords with the requirements of natural justice and the right to fair trial contained in Article 6 of the European Convention on Human Rights.

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ARTICLE 13 – FINANCE, CONTRACTS AND LEGAL MATTERS


This Article sets out the procedures to be adopted for matters of finance, contracts and legal proceedings.

13.1 Financial Management The management of the Council’s financial affairs will be conducted in accordance with the financial rules set out in Part 4 of this Constitution.

13.2 Contracts Every contract made by the Council will comply with the Contracts Procedure Rules set out in Part 4 of this Constitution.

13.3 Legal Proceedings The Head of Legal & Asset Management is authorised to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Chief Executive, Deputy Chief Executive or Head of Finance considers that such action is necessary to protect the Council’s interests.

13.4 Authentication of documents Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Head of Legal & Asset Management or other person authorised by him/her, unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person.

13.5 Common Seal of the Council The Common Seal of the Council will be kept in a safe place in the custody of the Head of Legal & Asset Management. A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The Common Seal will be affixed to those documents, which in the opinion of the Head of Legal & Asset Management should be sealed.

The affixing of the Common Seal to any documents must be attested by two people from the following :-

Elected Members Officers The Mayor The Chief Executive

The Deputy Mayor Corporate Director (Resources)

The Leader Head of Legal & Democratic Services

The Deputy Leader Legal Services Manager

A Member Corporate Director (Operational Services)

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13.6 Arms of the Council – use or reproduction Any application to use or reproduce the Arms granted to the Council will be referred to the Chief Executive (or in his/her absence the Democratic Services Manager). In consultation with the Mayor (or in their absence the Deputy Mayor), the Chief Executive (or in his/her absence the Democratic Services Manager) will refuse or grant permission or refer the application to Full Council.

Any unauthorised use of the Arms of the Council will be reported to the Chief Executive, who may determine whether a referral be made to the College of Arms.

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ARTICLE 14 – REVIEW AND REVISION OF THE CONSTITUTION


This Article explains the procedure for review and revision of this Constitution.

14.1 Protocol for monitoring and review of constitution by Monitoring Officer A key role for the Monitoring Officer is to be aware of the strengths and weaknesses of the Constitution adopted by the Council, and to make recommendations for ways in which it could be amended in order to better achieve the purposes set out in Article 1. In undertaking this task the Monitoring Officer may:

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

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

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

4. Compare practices in this Authority with those in other comparable authorities.

14.2 Changes to the Constitution There is a difference in the process required for change to the executive arrangements or alternative arrangements than other aspects of the Constitution. Proposals to change from one form of executive to another require proper consultation, and change from Leader/Cabinet or alternative arrangements to an Elected Mayor form, or vice versa, requires a referendum. However, other changes may require limited or no consultation. The consultation required should be proportionate to the scale, scope and extent of the change proposed.

a) Approval. Significant changes to the Constitution will only be approved by Full Council after consideration of the proposal by the Audit & Governance Committee, and consultation with the Council’s Monitoring Officer, unless changes are required by the introduction of legislation where they will take immediate effect.

b) Change from a mayoral form of executive to another form of executive or to alternative arrangements, or from alternative arrangements to a mayoral form of executive. The Council must take reasonable steps to consult with local electors and other interested persons in the area when drawing up proposals and must hold a binding referendum. The change will not take effect until the end of the Mayor’s term of Office.

c) Change from a Leader and Cabinet form of executive to alternative arrangements, or vice versa. The Council must take reasonable steps to consult with local electors and other interested persons in the area when drawing up proposals.

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ARTICLE 15 - SUSPENSION, INTERPRETATION AND PUBLICATION OF THE CONSTITUTION


This Article ensures that the articles of the Constitution may not be suspended. It does provide for rules of procedure to be suspended provided this is to achieve an effect consistent with the purposes of the Constitution set out in Article 1.

15.1 Suspension of the Constitution Limit to suspension. The Articles of this Constitution may not be suspended except as detailed. The Rules specified below may be suspended by Full Council to the extent permitted within those Rules and the law.

a) Procedure to suspend. A motion to suspend any rules will not be moved without notice unless at least one half of the whole number of Elected Members is present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution set out in Article 1 and in compliance with relevant legislation.

b) Rules capable of suspension. The following Rules may be suspended in accordance with Article 15 -

Rules of Procedure may be suspended (see Part 4 – Rules of Procedure).

The Chief Executive has power to take urgent action in accordance with delegation to officers (see Part 3 – Responsibility for Functions).

Nothing within this Constitution shall negate the responsibilities/duties of the duly appointed local Monitoring Officer or the duly appointed Chief Finance Officer in the execution of said responsibilities/duties under the Local Government and Housing Act 1989.

15.2 Interpretation The ruling of the Mayor as to the construction or application of this Constitution or as to any proceedings of the Council shall not be challenged at any meeting of the Council. Such interpretation will have regard to the purposes of this Constitution contained in Article 1.

15.3 Publication a) The Chief Executive will give a printed copy of this Constitution to each

member of the Authority upon delivery to him/her of that individual’s declaration of acceptance of office on the member first being elected to the Council.

b) The Monitoring Officer will ensure that copies are available for inspection at Council offices, libraries and other appropriate locations, and can be purchased by members of the local press and the public on payment of a reasonable fee.

c) The Monitoring Officer will ensure that the summary of the Constitution is made widely available within the area and is updated as necessary.

d) The Monitoring Officer will ensure that the Constitution will be available for access on the Council’s Website.

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ARTICLE 16 - ELECTRONIC GOVERNMENT


This Article explains the Council’s commitment to the use of electronic government to enhance the democratic process and increase public participation.

16.1 Electronic Service Delivery The local authorities in Northamptonshire have agreed to work collaboratively wherever possible and have adopted a common partnership statement:

“Our vision for Northamptonshire is that of a place where public services, which reflect the citizen’s needs and aspirations, are delivered efficiently and cost effectively. We will use the full potential of electronic service delivery to improve the responsiveness and quality of our services. We will provide seamless services to our citizens through a joined-up partnership of local authorities and regional bodies whilst recognising the diversity of needs across the County and importance of local identity”.

16.2 Objectives 1. To improve services.

2. to make customer facing services accessible twenty-four hours a day, seven days a week.

3. To assist our customers, residents, businesses, community groups and visitors to communicate with us to develop and improve our services.

4. To focus our services on the needs of our residents and businesses.

5. To utilise management information as efficiently as possible.

6. To deliver as seamless a service as possible to our customers.

7. To engage our residents, customers and visitors in consultation on issues affecting the environment we live and work in.

8. To utilise our resources in an efficient and effective manner.

9. To reduce risks of implementing e-government.

10. To manage the process of change.

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SCHEDULE 1 : DESCRIPTION OF ALTERNATIVE ARRANGEMENTS

The following parts of this Constitution constitute the alternative arrangements:

1. Article 6 (Overview and Scrutiny panels) and the Overview and Scrutiny Procedure Rules;

2. Article 7 (Policy and Regulatory Committees).

Part Three – Responsibility for Functions (Members)

3A.1

PART THREERESPONSIBILITY FOR FUNCTIONS


3A. 2

RESPONSIBILITY FOR FUNCTIONS

All functions of the Local Authority rest with the Council.

Attached is a copy of the delegation scheme for committees, and the delegation schemefor officers. These documents outline areas of responsibility for both committees andofficers.

These will be subject to review and modification resulting from amendments by FullCouncil (committees), the Chief Executive (officers), or statutory obligations that may


3A. 3

FULL COUNCIL

Matters Reserved to Full Council

1. Adoption and amendment to the Authority’s Constitution.

2. Approval or adoption of any of the documents detailed within the agreed “policyframework”, the Authority’s Budget and any application to the Secretary of Statein respect of any Housing Land Transfer.

3. Agreement and/or amendment of the Terms of Reference for the Authority’sCommittees, Panels or Forums, deciding on their composition and makingappointments to them subject to political balance rules.

4. Confirmation of the appointment of Independent Members and Parish Member tothe Authority’s local Standards Committee.

5. Confirmation of the appointment of Co-opted Members to the Authority’sCommittees/Panels.

6. To appoint the Chair and Vice Chair for each Municipal Year of the PolicyCommittee, Development Control Committee, Local Plan Committee, ParklandsGateway Committee, Licensing and Regulation Committee and the Liquor andEntertainment Licensing Committee.

7. To appoint the Authority’s representatives to any joint committee (as detailed inArticle 10 of the Authority’s Constitution).

8. Adoption of a Members Allowance Scheme (under Article 2 of the Authority’sConstitution).

9. Changing the name of the area, conferring the title of honorary Alderman orawarding the Freedom of the Borough.

10. Appointment of representatives to attend outside bodies on behalf of the Authority(unless delegated accordingly).

11. Confirmation and appointment of the Head of Paid Service, the designated ChiefFinance Officer (s.151 Officer) and the designated Monitoring Officer.

12. Confirmation and appointment (unless delegated) of any Chief Officer or DeputyChief Officer on the Authority’s staffing establishment (see Appointment Panelterms of reference).

13. All other matters which by law must be reserved to Full Council.

14. To approve the Authority’s General Fund Estimates, the Authority’s RevenueBudget (including any requests for supplementary provision exceeding £100,000)and the Authority’s Capital Programme.

15. The approval of the Housing Revenue Account and the determination of rents forCouncil housing and garages

16. The award of major contracts where one of the Authority’s contractingorganisations has been invited to tender.

17. The appropriation of land between the Authority’s Committees or Panels.

18. To determine any dispute that may arise between the Council’s PolicyCommittee(s) and its Overview and Scrutiny Panel(s).

19. To authorise the Chief Executive to establish an Independent Panel to reviewMembers Allowance subject to relevant legislation and statutory guidance.


3A. 4

Function Provision of Act or Statutory Instrument

Duty to appoint an electoral registrationofficer

Section 8(2) of the Representation of thePeople Act 1983 (c.2) (see alsoRepresentation of the People Act 1985)

Power to assign officer in relation torequisitions of the registration officer

Section 52(4) of the Representation of thePeople Act 1983

Functions in relation to parishes and parishcouncils

Part II of the Local Government and RatingAct 1997 (c.29) and subordinate legislationunder that Part

Power to dissolve small parish councils Section 10 of the Local Government Act1972

Power to make orders for groupingparishes, dissolving groups and seperatingparishes from groups

Section 11 of the Local Government Act1972

Duty to appoint returning officer for localgovernment elections

Section 35 of the Representation of thePeople Act 1983

Duty to provide assistance at EuropeanParliamentary elections

Paragraph 4(3) and (4) of Schedule 1 tothe European Parliamentary Elections Act1978 (c.10) (see also EuropeanParliamentary Elections Act 1999)

Duty to divide constituency into pollingdistricts


Power to divide electoral divisions intopolling districts at local governmentelections


Powers in respect of holding of elections Section 39(4) of the Representation of thePeople Act 1983

Power to pay expenses properly incurredby electoral registration officers


Power to fill vacancies in the event ofinsufficient nominations


Duty to declare vacancy in office in certaincases


Duty to give public notice of a casualvacancy


Power to make temporary appointments toparish councils


Power to determine fees and conditions forsupply of copies of, or extracts from,election documents

Rule 48(3) of the Local Elections (PrincipalAreas) Rules 1986 (SI 1986/2214) and rule48(3) of the Local Elections (Parishes andCommunities) Rules 1986 (SI 1986/2215)

Power to submit proposals to the Secretaryof State for an order under section 10 (pilotschemes for local elections in England andWales) of the Representation of the PeopleAct 2000



3A. 5

Function Provision of Act or Statutory Instrument

Power to change the name of a district Section 74 of the Local Government Act1972

Power to change the name of a parish Section 75 of the Local Government Act1972

Power to confer title of honorary aldermanor to admit to be an honoray freeman

Section 245b of the Local Government Act1972

Power to petition for a charter to conferborough status

Section 245b of the Local Government Act1972

Power to make, amend, revoke or re-enactbyelaws

Any provision of any enactment (includinga local Act), whenever passed, and section14 of the Interpretation Act 1978 (c.30)(see also section 235 of the LocalGovernment Act 1972)

Power to promote or oppose local orpersonal Bills


Duty to approve authority’s statement ofaccounts, income and expenditure andbalance sheet or record of receipts andpayments (as the case may be)

The Accounts and Audit Regulations 1996(SI 1996/590) (see also section 27 of theAudit Commission Act 1998 (c.18)

Power to make standing orders Section 106 of, and paragraph 42 ofSchedule 12 to, the Local Government Act1972

Power to appoint staff Section 112 of the of the LocalGovernment Act 1972

Power to make standing orders as tocontracts


Power to make payments or provide otherbenefits in cases of maladministration etc


NB –

i. those indicated in italics delegated to the Chief Executive of Corby BoroughCouncil.


3A. 6

ONE CORBY POLICY COMMITTEE

1. To undertake all duties and responsibilities relating to the formulation of Councilpolicy and strategy not otherwise delegated to another Committee, Panel orForum or retained by Full Council.

2. To act as the main “financial committee” to regulate and control the finances ofthe Council as defined in the Local Government Act 1972.

3. To keep under review the Council’s Financial Rules and recommend changes toFull Council as appropriate.

4. To approve all supplementary estimates for the General Fund Budget, HousingRevenue Account and Capital Programme.

5. To approve virements between budget heads in excess of £25,000.

6. To recommend to Full Council the Annual General Fund Budget, HousingRevenue Account Budget & Capital Programme.

7. To co-ordinate the resources of the Council and be responsible for the financialand economic management of the Council including making arrangements tosecure the proper administration of the financial affairs of the Council under theprovisions of s.151 Local Government Act 1972.

8. To approve the Annual Statement of Accounts and Statement of Internal Control.

9. To have responsibility to oversee the provision and management of the Council’slandlord/owner function for housing, industrial, commercial and amenity land andproperty.

10. To have responsibility to oversee the provision and management of Street SceneServices (inc. Environmental Cleansing, Refuse Collection, Ground Maintenance& Recycling Services).

11. To have responsibility to oversee the provision and management of leisure,recreational & community facilities within the Council’s ownership, together withpromotion of activities by the Council in relation to these areas either solely by theCouncil or in partnership with other relevant external agencies/bodies.

12. To determine the Council’s policy and strategy in relation to planning,environmental, transportation and regeneration matters unless delegated toanother Committee, Panel, Forum or Officer.

13. To have responsibility for responding to external consultations on behalf of theCouncil unless delegated to another Committee, Panel, Forum or Officer.

14. To determine policy in relation to the Council’s duties and responsibilities as an“employer” and in relation to human resources, employee training anddevelopment and industrial relations issues unless delegated to anothercommittee, panel, forum of Officer.

15. To have responsibility for overseeing the management of the Council’s approachto regeneration and economic investment within the Borough including itsrelations with external partners (inc. the local Urban Regeneration Company)unless delegated to another Committee, Panel, Forum or Officer.

16. To determine the senior management structure of the Council including theallocation of services/service provision within the structure (appointments to thesenior management structure to be determined by Full Council or delegatedMember Panel).


3A. 7

17. To have responsibility for overseeing policy and strategy in relation to communitysafety including liaison with relevant partners where appropriate.

18. To determine policy in relation to the Council’s statutory licensing duties andresponsibilities.

19. To have responsibility for overseeing policy relating to tourism and the promotionof the Borough.

20. To determine policy concerning the award of grants, donations, contributions andother assistance and to establish a sub-committee to implement agreed Councilpolicy.

21. To have overall responsibility for service performance and improvement,responding to recommendations from overview & scrutiny, Members, customers,officers and other stakeholders where appropriate.

22. To monitor the Council’s effectiveness in meeting its agreed key objectives ascontained within the “One Corby” document or any subsequent corporate plan.

23. To co-ordinate the Council’s response to external inspections from Governmentdepartments and agencies.

24. The powers delegated to the Policy Committee may be delegated to a sub-committee of its Members unless otherwise prohibited by law and/or the Council’sConstitution. Any such sub-committee must have a minimum of 3 Members.

25. To receive reports from “Lead Members” in relation to issues arising within theirrespective area(s) of responsibility/interest.

26. To receive reports from the Chief Executive of the Council in relation to actionstaken by him/her under the Officer Delegation Scheme.


3A. 8

LOCAL PLAN COMMITTEE

1. To oversee and monitor on behalf of the Council the review of the LocalDevelopment Plan/Framework.

2. To liaise with appropriate external partners in relation to the review of the LocalDevelopment Plan/Framework.

3. To approve items for inclusion in the Local Development Plan/Framework.

4. To approve the strategy of the Local Development Plan.

5. To approve and recommend the Draft Deposit Plan and the final Plan to FullCouncil for approval/adoption.

6. To approve the Council’s response to objections.

7. To approve the statement of Community Involvement.

8. To consider and make comment on the Project Plan and Timetable to the ProjectBoard.

9. To consider the report on the sustainability of the Plan.

10. To receive reports from the Project Manager and the Project Board asappropriate.

11. To receive updates from the Council’s representatives on the work of the JointPlanning Committee.


3A. 9

OVERVIEW AND SCRUTINY PANEL

1. To perform the overview and scrutiny function behalf of the Council unless thisfunction is delegated to another Panel or body.

2. To assist in the formulation and preparation of policy in relation to the servicesprovided by the Council, including the Council’s performance against the agreedBest Value Performance Plan.

3. To monitor the performance and quality of services provided by the Council orthose provided on behalf of the Council by another party.

4. To consider decisions made by the Policy Committee, and subject to theOverview and Scrutiny Procedures Rules, “Call-in” decisions taken forconsideration/discussion and where appropriate propose amendment to thosedecisions.

5. To assist with the preparation of the Council’s Annual Budget.

6. To conduct Elected Member led reviews of services provided by the Council andprepare reports following any such review(s) for submission to the PolicyCommittee and/or Full Council as appropriate.

7. To receive an Annual Report/Presentation from the Leader of the Council and/orthe Chief Executive in relation to the Council’s proposed priorities and objectivesfor the forthcoming year.

8. To interview/receive reports from senior officers of the Council in relation to theperformance of services within their respective management together withproposals for future growth/development within their area.

9. To encourage stakeholder participation through the Council’s consultativearrangements and consider how these views are considered by the Council whenformulating future policy/service improvements.

10. To contribute to the ongoing development of the Council’s strategicpolicies/objectives and monitor performance against those agreedpolicies/objectives.

11. To review and contribute to the successful performance of other Government andnon Government organisations and initiatives operating within the Boroughincluding the Police, Health Council and other countywide partnerships.


3A. 10

AUDIT & GOVERNANCE COMMITTEETo act on behalf of the Authority in relation to the following matters:-

1. All matters pertaining to the governance of the Authority including review of theCouncil’s Constitution, its political arrangements and rules of procedure (subjectto approval by Full Council unless of a minor nature).

2. Monitoring the Authority’s response to dealing with customer complaints includingperiodic review of the Authority’s Complaints Procedure.

3. Arrangements for “Corby Debate Day”, Local Democracy Week and othercorporate consultative exercises.

4. The management and operation of the Authority’s “Peoples Panel”.

5. Freedom of Information and Data Protection.

6. Elected Members support Services.

7. Elected Member Training and Development.

8. The Mayor and Mayoral Services.

9. Complaints and matters referred to the Local Government Ombudsman

10. Risk Management

11. To respond on behalf of the Authority in relation to consultations issued by theElectoral Commission and other bodies relating to electoral registration or electionissues.

12. To consider the appointment of the external auditor, the audit fee, the provision ofany non-audit services by the external auditor and any questions of resignation ordismissal of the external auditor.

13. To discuss, if necessary, with the external auditor before the audit commencesthe nature and scope of the audit.

14. To receive the Annual Audit Plan for the Authority and Annual Internal Auditreport, addressing key internal control issues as required.

15. To keep under review the effectiveness of internal control systems, to receive theDistrict Audit Management Letter on behalf of the Council and anyrepresentations and refer any issues requiring attention to the relevant committeeand/or officer.

16. To approve the appointment and monitor the performance of the internal auditservice.

17. To review the internal audit plan, consider major findings of internal auditinvestigations and management’s response, and promote co-ordination betweenthe internal and external auditors.

18. The approval of the Statement of Accounts and Statement of Internal Control.

19. To ensure that the Council has satisfactory measures in place to promoteeconomy, efficiency and effectiveness.

20. To approve and review the Council’s Code of Governance and other supportingmaterial.


3A. 11

DEVELOPMENT CONTROL COMMITTEE

1. To act on behalf of Corby Borough Council as the Local Planning Authority asprescribed in statute.

2. To determine applications for planning permission and other consents unlessdelegated to an appropriate officer.

3. To determine applications for Hazardous Substances consent.

4. To determine applications where development would be a departure from theagreed Local Plan or Local Development Framework.

5. To determine applications where the application is to be referred to the Secretaryof State on direction.

6. To determine applications where an Environmental Impact Assessment would berequired.

7. To determine applications for major development where Corby Borough Councilis the applicant.

8. To determine applications where the applicant is an employee of Corby BoroughCouncil or a member of their household.

9. To determine applications where the applicant is an Elected Member or amember of their household.

10. To comment on planning applications submitted to or by other local PlanningAuthorities and statutory undertakers.

11. To evoke or modify planning permissions.

12. To designate and amend Conservation Areas.

13. To declare areas of Special Advertisement Control.

14. To authorise agreements under s.106 of the Town and Country Planning Act1990.

15. To determine policy in relation to the naming of streets and postal numbering.

16. To consider and determine any appropriate matters under Building Regulationswhich require an Elected Member decision.

17. To receive reports relating to action instigated by the local Planning Authority inrelation to enforcement action.


3A. 12

To determine issues relating to the functions below, unless delegated to an Officer:

Function Provision of Act or Statutory InstrumentPower to determine application for planningpermission

Sections 70(1)(a) and (b) and 72 of theTown and Country Planning Act 1990 (c.8)

Power to determine applications to developland without compliance with conditionspreviously attached

Section 73 of the Town and CountryPlanning Act 1990

Power to grant planning permission fordevelopment already carried out

Section 73A(a) of the Town and CountryPlanning Act 1990

Power to decline to determine applicationfor planning permission

Section 70A of the Town and CountryPlanning Act 1990(a)

Duties relating to the making ofdeterminations of planning applications

Sections 69, 76 and 92 of the Town andCountry Planning Act 1990 and Articles 8,10 to 13, 15 to 22 and 25 and 26 of theTown and country Planning (GeneralDevelopment Procedure) Order 1995 (S.I.1995/419) and the directions madethereunder.

Power to determine application for planningpermission made by a local authority, aloneor jointly with another person

Section 316 of the Town and CountryPlanning Act 1990 and the Town andCountry Planning General Regulations1992 (S.I. 1992/1492)(b)

Power to make determinations, giveapprovals and agree certain other mattersrelating to the exercise of permitteddevelopment rights

Parts 6,7,11,17,19,20,21 to 24, 26, 30 and31 of Schedule 2 to the Town and CountryPlanning (General Permitted Development)Order 1995 (S.I. 1995/418)

Power to enter into agreement regulatingdevelopment or use of land.

Section 106 of the Town and CountryPlanning Act 1990

Power to issue a certificate of existing orproposed lawful use or development

Sections 191(4) and 192(2) of the Townand Country Planning Act 1990(c)

Power to serve a completion notice Section 94(2) of the Town and CountryPlanning Act 1990

Power to grant consent for the display ofadvertisements

Section 220 of the Town and CountryPlanning Act 1990 and the Town andCountry Planning (Control ofAdvertisements) Regulations 1992(d)

Power to authorise entry onto land Section 196A of the Town and CountryPlanning Act 1990(e)

Power to require the discontinuance of ause of land

Section 102 of the Town and countryPlanning Act 1990

Power to serve a planning contraventionnotice, breach of condition notice or stopnotice

Sections 171C, 187A and 183(1) of theTown and Country Planning Act 1990(f)


3A. 13

Function Provision of Act or Statutory InstrumentPower to issue an enforcement notice Section 172 of the Town and Country

Planning Act 1990(g)

Power to apply for an injunction restraininga breach of planning control

Section 187B of the Town and CountryPlanning Act 1990(h)

Power to determine applications forhazardous substances consent and relatedpowers

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

Duty to determine conditions to which oldmining permissions, relevant planningpermissions relating to dormant sites oractive Phase 1 or II sites, or mineralpermissions relating to mining sites as thecase may be are to be subject

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

Power to require proper maintenance ofland.

Section 215(1) of the Town and CountryPlanning Act 1990

Power to determine application for listedbuilding consent and related powers

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

Power to determine applications forconservation area consent

Section 16(1) of the Planning (ListedBuildings and Buildings in ConservationAreas Act 1990, as applied by section74(3) of that Act (a)

Duties relating to applications for listedbuilding consent and conservation areaconsent

Sections 13(1) and 14(1) of the Planning(Listed Buildings and Buildings inConservation Areas) Act 1990 andregulations 3 to 6 and 13 of the Town andCountry Planning (Listed Buildings andBuildings in Conservation Areas)Regulations 1990 and paragraphs 8, 15and 22 of Department of the EnvironmentCircular 14/97

Power to serve a building preservationnotice and related powers

Sections 3(1) and 4(1) of the Planning(Listed Buildings and Buildings inConservation Areas) Act 1990

Power to issue enforcement notice inrelation to demolition of unlisted building inconservation area

Section 38 of the Planning (ListedBuildings and Buildings in ConservationAreas) Act 1990

Powers to acquire a listed building in needof repair and to serve a repairs notice

Sections 47 and 48 of the Planning (ListedBuildings and Buildings in ConservationAreas) Act 1990

Power to apply for an injunction in relationto a listed building

Section 44A of the Planning (ListedBuildings and Buildings in ConservationAreas) Act 1990

Power to execute urgent works Section 54 of the Planning (ListedBuildings and Buildings in ConservationAreas) Act 1990


3A. 14

Function Provision of Act or Statutory InstrumentPowers relating to the preservation of trees Sections 197 to 214D of the Town and

Country Planning Act 1990 and the TreesRegulations 1999 (S.I. 1999/1892)

Powers relating to the protection ofimportant hedgerows

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

The obtaining of information under section330 of the Town and Country Planning Act1990(a) as to interest in land


3A. 15

STANDARDS COMMITTEE

The Standards Committee was established under The Relevant Authorities (StandardsCommittee) Regulations 2001. The Standards Committee is the Standards Committeefor Corby Borough Council and all parish councils within the Borough Council’s area.

1. To receive the Monitoring Officer’s Annual Plan and receive reports, relevant to thefiunction of the Committee, associated with the implementation of the Plan.

2. To review the Council’s ethical conduct framework and local protocols within theterms of reference of the Committee.

To determine issues relating to the functions below, unless delegated to an Officer.

Function Provision of Act or StatutoryInstrument

Promotion and maintenance of highstandards of conduct by the membersand co-opted members of the Council

Local Government Act 2000 Part III c.154(1)(a)

Assisting members and co-optedmembers of the Council to observe theCouncil’s code of conduct

Local Government Act 2000 Part III c.154(1)(b)

Advising the Council on the adoption orrevision of a code of conduct

Local Government Act 2000 Part III c.154(2)(a)

Monitoring the operation of the Council’scode of conduct

Local Government Act 2000 Part III c.154(2)(b)

Advising, training or arranging to trainmembers and co-opted members of theCouncil on matters relating to theCouncil’s code of conduct

Local Government Act 2000 Part III c.154(2)(c)

To grant dispensations to members andco-opted members of the Council

The Relevant Authorities (StandardsCommittee) (Dispensations) Regulations2002

To determine following investigationallegations of potential breaches of theapproved Code of Conduct referred byThe Standards Board for England

The Local Authorities (Code of Conduct)(Local Determination) Regulations 2003The Local Authorities (Code of Conduct)(Local Determination) (Amendment)Regulations 2004

To determine following investigationallegations of potential breaches of theapproved Officer/Member Protocol forCorby Borough Council.

Council Constitution


3A. 16

LIQUOR AND ENTERTAINMENT LICENSING COMMITTEE

1. Responsibility for undertaking the Authority’s responsibilities under the LicensingAct 2003 unless delegated to another Council Committee, sub-committee orpanel;

2. The Committee may arrange for the discharge of any functions exercisable by itby a sub-committee established by it, or subject to legislation, by an Officer of theLicensing Authority;

3. Arrangements may be made for the discharge of functions under the LicensingAct 2003, except those detailed below which are reserved to the committee or toa sub-committee established for the discharge of these functions;

i) determination of application for premises licence where representationshave been made;

ii) determination of application for provisional statement whererepresentations have been made;

iii) determination of application for variation of premises licence whererepresentations have been made;

iv) determination of application to vary designated premises supervisorfollowing police objection;

v) determination of application for transfer of premises licence followingpolice objection;

vi) consideration of police objection made to interim authority notice;

vii) determination of application for club premises certificate whererepresentations have been made;

viii) determination of application to vary club premises certificate whererepresentations have been made;

ix) decision to give counter notice following police objection to temporaryevent notice;

x) determination of application for grant of personal licence following policeobjection;

xi) determination of application for renewal of personal licence followingpolice objection;

xii) revocation of licence where convictions come to light after grant etc;

xiii) determination of application for review of premises licence in a case whererelevant representations have been made;

xiv) determination of application for review of club premises certificate in acase where relevant representations have been made;

xv) review following closure order in a case where relevant representationshave been made;

4. The Committee, or Sub Committee will determine any application for variation ofpremises licence where Corby Borough Council is the applicant or an agent isacting on behalf of Corby Borough Council.

5. To consider three yearly revisions to the Council’s approved Statement ofLicensing Policy and any interim amendments to it, and make recommendationsto Full Council.


3A. 17


Function Provision of Act or Statutory InstrumentPower to register pool promoters Schedule 2 to the Betting, Gaming and

Lotteries Act 1963 (c.2)(c)

Power to grant track betting licences. Schedule 3 to the Betting, Gaming andLotteries Act 1963(d)

Power to licence inter-track bettingschemes

Schedules 5ZA to the Betting, Gaming andLotteries Act 1963(e)

Power to grant permits in respect ofpremises with amusement machines

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

Power to register societies wishing topromote Lotteries

Schedule 1 to the Lotteries andAmusements Act 1976 (c.32)(b)

Power to grant permits in respect ofpremises where amusements with prizesare provided

Schedule 3 to the Lotteries andAmusements Act 1976 (c)

Power to issue cinema and cinema clublicences

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

Power to issue theatre licences Sections 12 to 14 of the Theatres Act 1968(c.54)(d)


3A. 18

LICENSING AND REGULATION COMMITTEE

To determine issues relating to the functions below, unless delegated to an Officer.

Function Provision of Act or Statutory InstrumentPower to issue licences authorising the useof land as a caravan site (“site licences”)

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

Power to licence the use of moveabledwellings and camping sites

Power to licence hackney carriages andprivate hire vehicles

Section 269(1) of the Public Health Act1936 (c.49)

a) as to hackney carriages, the TownPolice Clauses Act 1847 (10&11 Vict.C.89) as extended by section 171 ofthe Public Health Act 1875 (38 & 39Vict. C.55) and section 15 of theTransport Act 1985 (c.67); and sections47, 57, 58, 60 and 79 of the LocalGovernment (MiscellaneousProvisions) Act 1976 (c.57);

b) as to private hire vehicles, sections 48,57, 58, 60 and 79 of the LocalGovernment (MiscellaneousProvisions) Act 1976.

Power to licence drivers of hackneycarriages and private hire vehicles

Sections 51, 53, 54, 59, 61 and 79 of theLocal Government (MiscellaneousProvisions) Act 1976.

Power to licence operators of hackneycarriages on private hire vehicles

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

Power to licence sex shops and sexcinemas

The Local Government (MiscellaneousProvisions) Act 1982, section 2 andSchedule 3.

Power to licence performances ofhypnotism

The Hypnotism Act 1962 (c.46)

Power to licence premises for acupuncture,tattooing, ear-piercing and electrolysis

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

Power to licence pleasure boats andpleasure vessels

Section 94 of the Public Health ActsAmendment Act 1907 (c.53)(e)

Power to register door staff Paragraphs 1(2) and 9 of Schedule 12 tothe London Government Act 1963 (c.33)and Part V of the London Local AuthoritiesAct 1995 (c.x)


3A. 19

Function Provision of Act or Statutory InstrumentPower to licence market and street trading Part III of and Schedule 4 to, the Local

Government (Miscellaneous Provisions)Act 1982, Part III of the London LocalAuthorities Act 1990 (c.vii) and section 6 ofthe London Local Authorities Act 1994(c.xiii)

Power to licence night cafes and take awayfood shops

Section 2 of the Late Night RefreshmentHouses Act 1969 (c.53)(f), Part II of theLondon Local Authorities Act 1990 andsection 5 of the London Local AuthoritiesAct 1994.

Duty to keep list of persons entitled to sellnon medicinal poisons

Sections 3(1)(b)(ii), 5, 6 and 11 of thePoisons Act 1972 (c.66)(g)

Power to licence dealers in game and thekilling and selling of game

Sections 5,6,17,18 and 21 to 23 of theGame Act 1831 (c.32); sections 2 to 16 ofthe Game Licensing Act 1860 (c.90),section 4 of the Customs and InlandRevenue Act 1883 (c.10), sections 12(3)and 27 of the Local Government Act 1874(c.73) and section 213 of the LocalGovernment Act 1972 (c.70)

Power of register and licence premises forthe preparation of food

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

Power to licence scrap yards Section 1 of the Scrap Metal Dealers Act1964 (c.69)

Power to issue, amend or replace safetycertificates (whether general or special) forsports grounds

The Safety of Sports Grounds Act 1975(c.52)(a)

Power to issue, cancel, amend or replacesafety certificates for regulated stands atsports grounds

Part III of the Fire Safety and Safety ofPlaces of Sport Act 1987 (c.27)

Power to issue fire certificates Section 5 of the Fire Precautions Act 1971(c.40)

Power to licence premises for the breedingof dogs

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

Power to licence pet shops and otherestablishments where animals are bred orkept for the purposes of carrying on abusiness

Section 1 of the Pet Animals Act 1951(c.35)(b); section 1 of the Animal BoardingEstablishments Act 1963 (c.43)(c); theRiding Establishments Act 1964 and 1970(1964 c.70 and 1970 c.70)(d); section 1 ofthe Breeding of Dogs Act 1973 (c.60)(e)and sections 1 and 8 of the Breeding andSale of Dogs (Welfare) Act 1999


3A. 20

Function Provision of Act or Statutory InstrumentPower to register animal trainers andexhibitors

Section 1 of the Performing Animals(Regulation) Act 1925 (c.38)(f)

Power to licence zoos Section 1 of the Zoo Licensing Act 1981(c.37)(g)

Power to licence dangerous wild animals Section 1 of the Dangerous Wild AnimalsAct 1976 (c.38)

Power to licence knackers’ yards Section 4 of the Slaughterhouses Act 1974See also the Animal by-products Order1999 (S.I. 1999/646).

Power to licence the employment ofchildren

Part II of the Children and Young PersonsAct 1933 (c.33), byelaws made under thatPart and Part II of the Children and YoungPersons Act 1963 (c.37)

Power to approve premises for thesolemnisation of marriages

Section 46A of the Marriage Act 1949(c.76) and the Marriages (ApprovedPremises) Regulations 1995 (S.I.1995/510)(h)

Power to register common land or town orvillage greens, except where the power isexercisable solely for the purpose of givingeffect to:-

a) an exchange of lands effected byan order under section 19(3) of, orparagraph 6(4) of Schedule 3 to,the Acquisition of Land Act 1981(c.67) or

b) an order under section 147 of theInclosure Act 1845 (c.8&9 VictC.118)

Regulation 6 of the Commons Registration(New Land) Regulations 1969 (S.I.1969/1843)

Power to register variation of rights ofcommon

Regulation 29 of the CommonsRegistration (General) Regulations 1966(S.I. 1966/1471 (a).

Power to grant consent for the operation ofa loudspeaker

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

Power to grant a street works licence Section 50 of the New Roads and StreetWorks Act 1991 (c.22)

Power to licence agencies for the supply ofnurses

Section 2 of the Nurses Agencies Act 1957(c.16)

Power to issue licences for the movementof pigs

Article 12 of the Pigs (Records,Identification and Movement) Order 1995(S.I. 1995/11)

Power to licence the sale of pigs Article 13 of the Pigs (Records,Identification and Movement) Order 1995


3A. 21

Function Provision of Act or Statutory InstrumentPower to licence collecting centres for themovement of pigs

Article 14 of the Pigs (Records,Identification and Movement) Order 1995

Power to issue a licence to move cattlefrom a market

Article 5(2) of the Cattle IdentificationRegulations 1998 (S.I. 1998/871)

Power to sanction use of parts of buildingsfor storage of celluloid

Section 1 of the Celluloid andCinematograph Film Act 1922 (c.35)

Power to approve meat product premises Regulations 4 and 5 of the Meat Products(Hygiene) Regulations 1994 (S.I.1994/3082)(d)

Power to approve premises for theproduction of minced meat or meatpreparations

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

Power to approve dairy establishments Regulations 6 and 7 of the Dairy Products(Hygiene) Regulations 1995 (S.I.1995/1086)(e)

Power to approve egg productestablishments

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

Power to issue licences to retail butchersshops carrying out commercial operationsin relation to unwrapped raw meat andselling or supplying both raw meat andready to eat foods

Schedule 1A of the Food Safety (GeneralFood Hygiene) Regulations 1995 (S.I.1995/1763)(a)

Power to approve fish products premises Regulation 24 of the Food Safety (FisherProducts and Live Shellfish) (Hygiene)Regulations 1998 (S.I. 1998/994)

Function Provision of Act or Statutory InstrumentPower to approve dispatch or purificationcentres

Regulation 11 of the Food Safety (FisheryProducts and Live Shellfish) (Hygiene)Regulations 1998

Power to register auction and wholesalemarkets

Regulation 26 of the Food Safety (FisheryProducts and Live Shellfish) (Hygiene)Regulations 1998

Duty to keep register of food businesspremises

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

Power to register food business premises Regulation 9 of the Food Premises(Registration) Regulations 1991

Functions under any of the “relevantstatutory provisions” within the meaning ofPart 1 (health, safety and welfare inconnection with work and control ofdangerous substances) of the health andSafety at Work etc Act 1974, to the extentthat those functions are dischargedotherwise than in the Authority’s capacityas an employer.

Part 1 of the Health and Safety at Work etcAct 1974 (C.37) (b)


3A. 22

Any function relating to contaminated land Part 11A of the Environmental ProtectionAct 1990 (c.43) and subordinate legislationunder that Part

The discharge of any function relating tothe control of pollution or the managementof air quality

See the Pollution Prevention and ControlAct 1999 (c.24) Part IV of the EnvironmentAct 1995 (c.25), Part 1 of theEnvironmental Protection Act 1990 (c.43)and the Clean Air Act 1993 (c.11)

The service of an abatement notice inrespect of a statutory nuisance

Section 80(1) of the EnvironmentalProtection Act 1990

The passing of a resolution that Schedule 1to the Noise and Statutory Nuisance Act1993 should apply in the authority’s area

Section 8 of the Noise and StatutoryNuisance Act 1993 (c.40)

The inspection of the Authority’s area todetect any statutory nuisance

Section 79 of the Environmental ProtectionAct 1990

The investigation of any complaint as to theexistence of a statutory nuisance

Section 79 of the Environmental ProtectionAct 1990


3A. 23

PARKLANDS GATEWAY COMMITTEE

1. To be responsible for overseeing and monitoring the Council’s involvement in theParklands Gateway Project within the policies, strategies and budget agreed by FullCouncil.

2. To hold delegated authority to agree resolutions within the policies, strategies andbudget agreed by Full Council in furtherance to the Council’s interest and/orinvolvement in the Parklands Gateway Project.

3. The Chair and/or Vice Chair of the Committee shall present regular update reports onthe Parklands Gateway Project to the Overview & Scrutiny Panel on a quarterlybasis.

4. The Committee shall be responsible for overseeing the Council’s workingarrangements with relevant partners involved in the Parklands Gateway Project,including the appointment of specialist consultants/project managers in furtherance ofthe Council’s involvement in the Project within agreed budgets.

5. To receive regular updates from Officers on progress made against the agreedproject plan(s) in relation to the Parklands Gateway Project.

6. To receive updates on and monitor the development of the Council’s One Stop Shopfacility including arrangements for the interim scheme located within GrosvenorHouse.

7. To receive updates on the E Government/Customer Care programme.


3A. 24

APPOINTMENT PANEL

A Panel established by Full Council to interview candidates shortlisted for seniormanagement positions within the Council in line with agreed Council policy/procedure.

The Panel will consist of 5 Elected Members and be subject to political balance rules. Inthe event that a member of the Panel is unable to attend the Chief Executive will liaisewith the member’s respective political group to obtain a substitute for the Panel meeting.

The Chief Executive as Proper Officer, in consultation with the Human ResourcesManager, shall convene meetings of the Panel where necessary.

Interview only (appointment subject toFull Council approval)

• Chief Executive• Corporate Director (Resources)• Corporate Director (Operations)• The post designated as “Head of

Paid Service” (if not one of theabove)

• The post designated as “ChiefFinancial Officer” (if not one of theabove)

• Head of Legal & Monitoring Officer(whilst designated “MonitoringOfficer”)

Interview & Appointment • Head of Planning & EconomicRegeneration

• Head of Financial Services• Head of Community & Culture• Head of Corporate Development• Head of Street Scene Environment &

Technical• Head of Special Projects• Head of Housing• Assistant Chief Executive• Development Manager• Human Resources Manager

Posts not detailed above would be subject to the normal interview & appointmentprocedure of the Council and not require Elected Member involvement.


3A. 25

JOINT CONSULTATIVE COMMITTEE

1. ObjectivesWithout prejudice to the right of management to manage and employees to makerepresentation through their recognised Trade Union the general objectives ofCorby Borough Council Joint Consultative Committee are:-

1.1 To act as a forum for consultation between employer and employeerepresentatives about matters concerning and effecting the employment of staffthroughout the Authority.

1.2 To bring together management and employee representatives in consultation withthe objective of maintaining an efficient service and service delivery.

1.3 To discuss employment conditions and law and the effects of the implementationof matters which have been prescribed or recommended at national, provincial orlocal level.

1.4 To give the employee wider understanding and greater responsibility in thesematters.

1.5 To give the employer and management a wider understanding of issues effectingthe employees.

2.0 FunctionsIn pursuance of the objectives of Corby Borough Council Joint ConsultativeCommittee, the following are stated as specific matters for consideration:-

2.1 To consult on operational and policy issues being proposed by managementwhich should be explained to the employees collectively with the purpose ofaffording them an opportunity of seeking the views of their members andencouraging a sense of personal involvement.

2.2 To discuss with the aim of jointly reviewing any CBC policy/procedure (withregard to matters of employment), that are failing and periodically review all CBCpolicy/procedure (with regard to matters of employment), to ensure compliancewith the national agreement where no local agreement has been set.

2.3 To consider issues and Local/National proposals to promote equality ofopportunity.

2.4 To discuss issues that may potentially effect the employees of CBC set out orproposed by Government.

2.5 To investigate any other circumstances conducive to the efficiency andsatisfactory running of Council services.

2.6 To consider content and conduct of training programmes, refresher courses andprocedures for selection and promotion.

3.0 MembershipThe Committee shall be made up of representatives from the employer, theemployees and management.

3.1 Employee Representation shall be proportionate throughout the four recognisedTrade Unions within the Corby Borough Council:-

AMACUS – 2 representatives

GMB – 1 representative

UCATT – 2 representatives


3A. 26

UNISON – 4 representatives

Employee representatives must be employees of CBC and Officials of theirrecognised Union i.e. a Steward, representative or on the executive Committeefor their branch.

The employee representatives shall hold their seats for the period of one year andbe eligible for re-appointment or re-election.

The Trade Union representatives shall submit the names of their representativesforming the employee side of the Committee to Committee Services no later thanJune of each year. In the event of an employee representative resigning from theUnion or as an Official they must renounce their seat on the JCC.

3.2 Employer’s Representatives shall consist of 5 Elected Members to be appointedby Council each year. Political balance rules must be taken into account.

The employers shall submit the names of their representatives forming theemployer’s side of the committee to the Chief Executive no later than June ofeach year, however in the event of a local election names shall be submitted nolater than the end of June.

3.3 Management representation shall consist of a member of the Core Managementteam and the Human Resources Manager. All Heads of Service shall alsorepresent management where relevant but will not have a seat on the Committee.

3.4 Both employer and employee sides of the Committee shall be entitled tosubstitute representation in the event of any nominated Committee member beingunable to attend the meeting of the JCC.

The Employers side substitute arrangements shall be arranged in accordancewith the Council’s scheme for substitute members and the substitute sent must bean Elected Member of Corby Borough Council.

Each of the Trade Unions forming the Employee side shall undertake their ownsubstitute arrangements; the substitute sent must be a member of the relevantTrade Union from the Branch that covers Corby Borough Council.

3.5 Vacancies on either side shall be filled as they arise.

4.0 Chair and Vice Chair4.1 The Committee at the first meeting of the Civic Year shall elect the Chair from

either the employer’s or employee’s side, alternating each year.

4.2 The Committee, at the first meeting of the Civic Year shall appoint the Vice Chairfrom the side which does not hold the Chair.

4.3 In the event of the Chair being absent the Vice Chair shall preside.

5.0 Advisers5.1 Members of the Committee shall have the right to have in attendance persons

with specialised knowledge in a consultative or advisory capacity. Suchattendants shall be notified to Committee Services as with the agenda item.

6.0 Rules and Regulations6.1 The Corby Borough Council JCC is a consultative committee, it does not have

any decision making or negotiating powers nor shall it have any delegated power.

6.2 Meetings shall be held every 2 months unless otherwise agreed by Committee,but no less than 6 times a year.

6.3 The employee and management both have the right to request a special meeting,the meeting will take place within seven working days of a request to the Chief


3A. 27

Executive, in the event of a special meeting being requested the Chair and ViceChair will be informed.

6.4 The matters to be discussed at JCC shall be submitted to Committee Services nolater than 2 weeks prior to the meeting being held. Items not present on theAgenda will not be discussed unless the Chair rules that the matter is urgent.

6.5 The Committee Services Manager will be responsible for the administration forthe Committee and minutes shall be circulated to all members of the Committeeand all Elected Members no later than 5 working days before the next meeting.

6.6 Quorum shall be constituted by a member of the Core Management Team, 3Elected Members and three authorised employee reprentatives.

6.7 Employee representatives from one of the recognised trade unions may “byproxy” raise issues on behalf of another recognised trade union where requestedto do so.

6.8 Separate meetings of the employer’s side and of the employee’s side may takeplace immediately prior to the meeting of the JCC, facilities for this purpose will beconvenient for the venue of the meeting.

6.9 Matters relating to individual cases will not be discussed in any circumstances,however, in meeting the objectives and functions of the Committee, work placepolicy or procedure matters arising from such cases will be discussed in line withfunction 2.1 and 2.2.

6.10 The minutes of the JCC shall be presented to the Policy Committee where anynecessary decisions can be made.

6.11 The JCC Constitution shall be reviewed every 12 months.

GlossaryJCC Joint Consultative Committee

CBC Corby Borough Council

Core Management Chief Executive, 2 Corporate Directors

Employee Representatives from the recognised Trade Unions

Employer Elected Members of the Council

Management Heads of Service

Advisor A person of specialist knowledge either internal or external


3A. 28

SAFETY COMMITTEE

1. To provide a forum for employee representatives and management to submit anddiscuss issues which affect employee’s health and safety in the workplace.

2. To provide an opportunity for the Safety Officer to raise matters of generalconcern with respect to employees health and safety in the workplace and inparticular to receive reports as appropriate on:-

a) a description of all reportable injuries, disease and dangerous occurrencesthat have occurred since the last meeting, together with details of remedialaction taken.

b) Details of any new health and safety legislation directly or indirectlyaffecting the organisation, together with details of any action that may benecessary.

c) Information on the outcome of any safety monitoring activities undertakenduring the month e.g. safety inspections of specific areas and any riskassessment and control measures that result from this.

d) Any other matters which in the opinion of the Secretary and theChairperson needs a decision from the Safety Committee.

3. To monitor and review working arrangements for health and safety including theCouncil’s Statement of Health and Safety.

4. To act as a focus for joint participation in the prevention of accidents, incidentsand occupational ill health.

5. To be the forum for consultation on revised policies, procedures and guidance inthe prevention of accidents, incidents and occupational ill health.

6. To act as a sign post for strategic issues to be dealt with by the Risk ManagementGroup and to receive reports back on issues raised.

7. To contribute to the development of the Council’s Strategic and Operational RiskRegister.


3A. 29

EMPLOYMENT APPEALS PANEL

The Panel will consist of 3 Elected Members and be subject to political balance rules.Membership will be nominated by the respective political groups on request from theProper Officer.

1. To consider and determine appeals by officers against the implementation ofdisciplinary or termination of employment procedures and to consider and determineappeals under the grievance procedure.


3A.1

PART THREE – 3A RESPONSIBILITY FOR FUNCTIONS


3A. 2

RESPONSIBILITY FOR FUNCTIONS All functions of the Local Authority rest with the Council.

Attached is a copy of the delegation scheme for committees, and the delegation scheme for officers. These documents outline areas of responsibility for both committees and officers.

These will be subject to review and modification resulting from amendments by Full Council (committees), the Chief Executive (officers), or statutory obligations that may


3A. 3

FULL COUNCIL Matters Reserved to Full Council 1. Adoption and amendment to the Authority’s Constitution.

2. Approval or adoption of any of the documents detailed within the agreed “policy framework”, the Authority’s Budget and any application to the Secretary of State in respect of any Housing Land Transfer.

3. Agreement and/or amendment of the Terms of Reference for the Authority’s Committees, Panels or Forums, deciding on their composition and making appointments to them subject to political balance rules.

4. Confirmation of the appointment of Independent Members and Parish Member to the Authority’s local Standards Committee.

5. Confirmation of the appointment of Co-opted Members to the Authority’s Committees/Panels.

6. To appoint the Chair and Vice Chair for each Municipal Year of the Policy Committee, Development Control Committee, Local Plan Committee, Parklands Gateway Committee, Licensing and Regulation Committee and the Liquor and Entertainment Licensing Committee.

7. To appoint the Authority’s representatives to any joint committee (as detailed in Article 10 of the Authority’s Constitution).

8. Adoption of a Members Allowance Scheme (under Article 2 of the Authority’s Constitution).

9. Changing the name of the area, conferring the title of honorary Alderman or awarding the Freedom of the Borough.

10. Appointment of representatives to attend outside bodies on behalf of the Authority (unless delegated accordingly).

11. Confirmation and appointment of the Head of Paid Service, the designated Chief Finance Officer (s.151 Officer) and the designated Monitoring Officer.

12. Confirmation and appointment (unless delegated) of any Chief Officer or Deputy Chief Officer on the Authority’s staffing establishment (see Appointment Panel terms of reference).

13. All other matters which by law must be reserved to Full Council.

14. To approve the Authority’s General Fund Estimates, the Authority’s Revenue Budget (including any requests for supplementary provision exceeding £100,000) and the Authority’s Capital Programme.

15. The approval of the Housing Revenue Account and the determination of rents for Council housing and garages

16. The award of major contracts where one of the Authority’s contracting organisations has been invited to tender.

17. The appropriation of land between the Authority’s Committees or Panels.

18. To determine any dispute that may arise between the Council’s Policy Committee(s) and its Overview and Scrutiny Panel(s).

19. To authorise the Chief Executive to establish an Independent Panel to review Members Allowance subject to relevant legislation and statutory guidance.


3A. 4

Function Provision of Act or Statutory Instrument Duty to appoint an electoral registration officer

Section 8(2) of the Representation of the People Act 1983 (c.2) (see also Representation of the People Act 1985)

Power to assign officer in relation to requisitions of the registration officer

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

Functions in relation to parishes and parish councils

Part II of the Local Government and Rating Act 1997 (c.29) and subordinate legislation under that Part

Power to dissolve small parish councils Section 10 of the Local Government Act 1972

Power to make orders for grouping parishes, dissolving groups and seperating parishes from groups

Section 11 of the Local Government Act 1972

Duty to appoint returning officer for local government elections

Section 35 of the Representation of the People Act 1983

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) (see also European Parliamentary Elections Act 1999)

Duty to divide constituency into polling districts


Power to divide electoral divisions into polling districts at local government elections


Powers in respect of holding of elections Section 39(4) of the Representation of the People Act 1983

Power to pay expenses properly incurred by electoral registration officers


Power to fill vacancies in the event of insufficient nominations


Duty to declare vacancy in office in certain cases


Duty to give public notice of a casual vacancy


Power to make temporary appointments to parish councils


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 (SI 1986/2214) and rule 48(3) of the Local Elections (Parishes and Communities) Rules 1986 (SI 1986/2215)

Power to submit 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



3A. 5

Function Provision of Act or Statutory Instrument Power to change the name of a district Section 74 of the Local Government Act

1972

Power to change the name of a parish Section 75 of the Local Government Act 1972

Power to confer title of honorary alderman or to admit to be an honoray freeman

Section 245b of the Local Government Act 1972

Power to petition for a charter to confer borough status

Section 245b of the Local Government Act 1972

Power to make, amend, revoke or re-enact byelaws

Any provision of any enactment (including a local Act), whenever passed, and section 14 of the Interpretation Act 1978 (c.30) (see also section 235 of the Local Government Act 1972)

Power to promote or oppose local or personal Bills


Duty to approve authority’s statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be)

The Accounts and Audit Regulations 1996 (SI 1996/590) (see also section 27 of the Audit Commission Act 1998 (c.18)

Power to make standing orders Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972

Power to appoint staff Section 112 of the of the Local Government Act 1972

Power to make standing orders as to contracts


Power to make payments or provide other benefits in cases of maladministration etc


NB –

i. those indicated in italics delegated to the Chief Executive of Corby Borough Council.


3A. 6

ONE CORBY POLICY COMMITTEE 1. To undertake all duties and responsibilities relating to the formulation of Council

policy and strategy not otherwise delegated to another Committee, Panel or Forum or retained by Full Council.

2. To act as the main “financial committee” to regulate and control the finances of the Council as defined in the Local Government Act 1972.

3. To keep under review the Council’s Financial Rules and recommend changes to Full Council as appropriate.

4. To approve all supplementary estimates for the General Fund Budget, Housing Revenue Account and Capital Programme.

5. To approve virements between budget heads in excess of £25,000.

6. To recommend to Full Council the Annual General Fund Budget, Housing Revenue Account Budget & Capital Programme.

7. To co-ordinate the resources of the Council and be responsible for the financial and economic management of the Council including making arrangements to secure the proper administration of the financial affairs of the Council under the provisions of s.151 Local Government Act 1972.

8. To approve the Annual Statement of Accounts and Statement of Internal Control.

9. To have responsibility to oversee the provision and management of the Council’s landlord/owner function for housing, industrial, commercial and amenity land and property.

10. To have responsibility to oversee the provision and management of Street Scene Services (inc. Environmental Cleansing, Refuse Collection, Ground Maintenance & Recycling Services).

11. To have responsibility to oversee the provision and management of leisure, recreational & community facilities within the Council’s ownership, together with promotion of activities by the Council in relation to these areas either solely by the Council or in partnership with other relevant external agencies/bodies.

12. To determine the Council’s policy and strategy in relation to planning, environmental, transportation and regeneration matters unless delegated to another Committee, Panel, Forum or Officer.

13. To have responsibility for responding to external consultations on behalf of the Council unless delegated to another Committee, Panel, Forum or Officer.

14. To determine policy in relation to the Council’s duties and responsibilities as an “employer” and in relation to human resources, employee training and development and industrial relations issues unless delegated to another committee, panel, forum of Officer.

15. To have responsibility for overseeing the management of the Council’s approach to regeneration and economic investment within the Borough including its relations with external partners (inc. the local Urban Regeneration Company) unless delegated to another Committee, Panel, Forum or Officer.

16. To determine the senior management structure of the Council including the allocation of services/service provision within the structure (appointments to the senior management structure to be determined by Full Council or delegated Member Panel).


3A. 7

17. To have responsibility for overseeing policy and strategy in relation to community safety including liaison with relevant partners where appropriate.

18. To determine policy in relation to the Council’s statutory licensing duties and responsibilities.

19. To have responsibility for overseeing policy relating to tourism and the promotion of the Borough.

20. To determine policy concerning the award of grants, donations, contributions and other assistance and to establish a sub-committee to implement agreed Council policy.

21. To have overall responsibility for service performance and improvement, responding to recommendations from overview & scrutiny, Members, customers, officers and other stakeholders where appropriate.

22. To monitor the Council’s effectiveness in meeting its agreed key objectives as contained within the “One Corby” document or any subsequent corporate plan.

23. To co-ordinate the Council’s response to external inspections from Government departments and agencies.

24. The powers delegated to the Policy Committee may be delegated to a sub-committee of its Members unless otherwise prohibited by law and/or the Council’s Constitution. Any such sub-committee must have a minimum of 3 Members.

25. To receive reports from “Lead Members” in relation to issues arising within their respective area(s) of responsibility/interest.

26. To receive reports from the Chief Executive of the Council in relation to actions taken by him/her under the Officer Delegation Scheme.


3A. 8

LOCAL PLAN COMMITTEE 1. To oversee and monitor on behalf of the Council the review of the Local

Development Plan/Framework.

2. To liaise with appropriate external partners in relation to the review of the Local Development Plan/Framework.

3. To approve items for inclusion in the Local Development Plan/Framework.

4. To approve the strategy of the Local Development Plan.

5. To approve and recommend the Draft Deposit Plan and the final Plan to Full Council for approval/adoption.

6. To approve the Council’s response to objections.

7. To approve the statement of Community Involvement.

8. To consider and make comment on the Project Plan and Timetable to the Project Board.

9. To consider the report on the sustainability of the Plan.

10. To receive reports from the Project Manager and the Project Board as appropriate.

11. To receive updates from the Council’s representatives on the work of the Joint Planning Committee.


3A. 9

OVERVIEW AND SCRUTINY PANEL 1. To perform the overview and scrutiny function behalf of the Council unless this

function is delegated to another Panel or body.

2. To assist in the formulation and preparation of policy in relation to the services provided by the Council, including the Council’s performance against the agreed Best Value Performance Plan.

3. To monitor the performance and quality of services provided by the Council or those provided on behalf of the Council by another party.

4. To consider decisions made by the Policy Committee, and subject to the Overview and Scrutiny Procedures Rules, “Call-in” decisions taken for consideration/discussion and where appropriate propose amendment to those decisions.

5. To assist with the preparation of the Council’s Annual Budget.

6. To conduct Elected Member led reviews of services provided by the Council and prepare reports following any such review(s) for submission to the Policy Committee and/or Full Council as appropriate.

7. To receive an Annual Report/Presentation from the Leader of the Council and/or the Chief Executive in relation to the Council’s proposed priorities and objectives for the forthcoming year.

8. To interview/receive reports from senior officers of the Council in relation to the performance of services within their respective management together with proposals for future growth/development within their area.

9. To encourage stakeholder participation through the Council’s consultative arrangements and consider how these views are considered by the Council when formulating future policy/service improvements.

10. To contribute to the ongoing development of the Council’s strategic policies/objectives and monitor performance against those agreed policies/objectives.

11. To review and contribute to the successful performance of other Government and non Government organisations and initiatives operating within the Borough including the Police, Health Council and other countywide partnerships.


3A. 10

AUDIT & GOVERNANCE COMMITTEE To act on behalf of the Authority in relation to the following matters:-

1. All matters pertaining to the governance of the Authority including review of the Council’s Constitution, its political arrangements and rules of procedure (subject to approval by Full Council unless of a minor nature).

2. Monitoring the Authority’s response to dealing with customer complaints including periodic review of the Authority’s Complaints Procedure.

3. Arrangements for “Corby Debate Day”, Local Democracy Week and other corporate consultative exercises.

4. The management and operation of the Authority’s “Peoples Panel”.

5. Freedom of Information and Data Protection.

6. Elected Members support Services.

7. Elected Member Training and Development.

8. The Mayor and Mayoral Services.

9. Complaints and matters referred to the Local Government Ombudsman

10. Risk Management

11. To respond on behalf of the Authority in relation to consultations issued by the Electoral Commission and other bodies relating to electoral registration or election issues.

12. To consider the appointment of the external auditor, the audit fee, the provision of any non-audit services by the external auditor and any questions of resignation or dismissal of the external auditor.

13. To discuss, if necessary, with the external auditor before the audit commences the nature and scope of the audit.

14. To receive the Annual Audit Plan for the Authority and Annual Internal Audit report, addressing key internal control issues as required.

15. To keep under review the effectiveness of internal control systems, to receive the District Audit Management Letter on behalf of the Council and any representations and refer any issues requiring attention to the relevant committee and/or officer.

16. To approve the appointment and monitor the performance of the internal audit service.

17. To review the internal audit plan, consider major findings of internal audit investigations and management’s response, and promote co-ordination between the internal and external auditors.

18. The approval of the Statement of Accounts and Statement of Internal Control.

19. To ensure that the Council has satisfactory measures in place to promote economy, efficiency and effectiveness.

20. To approve and review the Council’s Code of Governance and other supporting material.


3A. 11

DEVELOPMENT CONTROL COMMITTEE 1. To act on behalf of Corby Borough Council as the Local Planning Authority as

prescribed in statute.

2. To determine applications for planning permission and other consents unless delegated to an appropriate officer.

3. To determine applications for Hazardous Substances consent.

4. To determine applications where development would be a departure from the agreed Local Plan or Local Development Framework.

5. To determine applications where the application is to be referred to the Secretary of State on direction.

6. To determine applications where an Environmental Impact Assessment would be required.

7. To determine applications for major development where Corby Borough Council is the applicant.

8. To determine applications where the applicant is an employee of Corby Borough Council or a member of their household.

9. To determine applications where the applicant is an Elected Member or a member of their household.

10. To comment on planning applications submitted to or by other local Planning Authorities and statutory undertakers.

11. To evoke or modify planning permissions.

12. To designate and amend Conservation Areas.

13. To declare areas of Special Advertisement Control.

14. To authorise agreements under s.106 of the Town and Country Planning Act 1990.

15. To determine policy in relation to the naming of streets and postal numbering.

16. To consider and determine any appropriate matters under Building Regulations which require an Elected Member decision.

17. To receive reports relating to action instigated by the local Planning Authority in relation to enforcement action.


3A. 12


Function Provision of Act or Statutory Instrument Power to determine application for planning permission

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

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

Section 73 of the Town and Country Planning Act 1990

Power to grant planning permission for development already carried out

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

Power to decline to determine application for planning permission

Section 70A of the Town and Country Planning Act 1990(a)

Duties relating to the making of determinations of planning applications

Sections 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 the directions made thereunder.

Power to determine application 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)(b)

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)

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

Section 106 of the Town and Country Planning Act 1990

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(c)

Power to serve a completion notice Section 94(2) of the Town and Country Planning Act 1990

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(d)

Power to authorise entry onto land Section 196A of the Town and Country Planning Act 1990(e)

Power to require the discontinuance of a use of land

Section 102 of the Town and country Planning Act 1990

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

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


3A. 13

Function Provision of Act or Statutory Instrument Power to issue an enforcement notice Section 172 of the Town and Country

Planning Act 1990(g)

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

Section 187B of the Town and Country Planning Act 1990(h)

Power to determine applications for hazardous substances consent and related powers

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

Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase 1 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.

Power to require proper maintenance of land.

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

Power to determine application 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)

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 (a)

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

Sections 13(1) and 14(1) 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

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

Power to issue enforcement notice in relation to demolition of unlisted building in conservation area

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

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

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

Power to execute urgent works Section 54 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990


3A. 14

Function Provision of Act or Statutory Instrument 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)

Powers relating to the protection of important hedgerows

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

The obtaining of information under section 330 of the Town and Country Planning Act 1990(a) as to interest in land


3A. 15

STANDARDS COMMITTEE The Standards Committee was established under The Relevant Authorities (Standards Committee) Regulations 2001. The Standards Committee is the Standards Committee for Corby Borough Council and all parish councils within the Borough Council’s area.

1. To receive the Monitoring Officer’s Annual Plan and receive reports, relevant to the

fiunction of the Committee, associated with the implementation of the Plan. 2. To review the Council’s ethical conduct framework and local protocols within the

terms of reference of the Committee. To determine issues relating to the functions below, unless delegated to an Officer. Function Provision of Act or Statutory

Instrument Promotion and maintenance of high standards of conduct by the members and co-opted members of the Council

Local Government Act 2000 Part III c.1 54(1)(a)

Assisting members and co-opted members of the Council to observe the Council’s code of conduct

Local Government Act 2000 Part III c.1 54(1)(b)

Advising the Council on the adoption or revision of a code of conduct

Local Government Act 2000 Part III c.1 54(2)(a)

Monitoring the operation of the Council’s code of conduct

Local Government Act 2000 Part III c.1 54(2)(b)

Advising, training or arranging to train members and co-opted members of the Council on matters relating to the Council’s code of conduct

Local Government Act 2000 Part III c.1 54(2)(c)

To grant dispensations to members and co-opted members of the Council

The Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002

To determine following investigation allegations of potential breaches of the approved Code of Conduct referred by The Standards Board for England

The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 The Local Authorities (Code of Conduct) (Local Determination) (Amendment) Regulations 2004

To determine following investigation allegations of potential breaches of the approved Officer/Member Protocol for Corby Borough Council.

Council Constitution


3A. 16

LIQUOR AND ENTERTAINMENT LICENSING COMMITTEE 1. Responsibility for undertaking the Authority’s responsibilities under the Licensing

Act 2003 unless delegated to another Council Committee, sub-committee or panel;

2. The Committee may arrange for the discharge of any functions exercisable by it by a sub-committee established by it, or subject to legislation, by an Officer of the Licensing Authority;

3. Arrangements may be made for the discharge of functions under the Licensing Act 2003, except those detailed below which are reserved to the committee or to a sub-committee established for the discharge of these functions;

i) determination of application for premises licence where representations have been made;

ii) determination of application for provisional statement where representations have been made;

iii) determination of application for variation of premises licence where representations have been made;

iv) determination of application to vary designated premises supervisor following police objection;

v) determination of application for transfer of premises licence following police objection;

vi) consideration of police objection made to interim authority notice;

vii) determination of application for club premises certificate where representations have been made;

viii) determination of application to vary club premises certificate where representations have been made;

ix) decision to give counter notice following police objection to temporary event notice;

x) determination of application for grant of personal licence following police objection;

xi) determination of application for renewal of personal licence following police objection;

xii) revocation of licence where convictions come to light after grant etc;

xiii) determination of application for review of premises licence in a case where relevant representations have been made;

xiv) determination of application for review of club premises certificate in a case where relevant representations have been made;

xv) review following closure order in a case where relevant representations have been made;

4. The Committee, or Sub Committee will determine any application for variation of premises licence where Corby Borough Council is the applicant or an agent is acting on behalf of Corby Borough Council.

5. To consider three yearly revisions to the Council’s approved Statement of Licensing Policy and any interim amendments to it, and make recommendations to Full Council.


3A. 17


Function Provision of Act or Statutory Instrument Power to register pool promoters Schedule 2 to the Betting, Gaming and

Lotteries Act 1963 (c.2)(c)

Power to grant track betting licences. Schedule 3 to the Betting, Gaming and Lotteries Act 1963(d)

Power to licence inter-track betting schemes

Schedules 5ZA to the Betting, Gaming and Lotteries Act 1963(e)

Power to grant permits in respect of premises with amusement machines

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

Power to register societies wishing to promote Lotteries

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

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

Schedule 3 to the Lotteries and Amusements Act 1976 (c)

Power to issue cinema and cinema club licences

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

Power to issue theatre licences Sections 12 to 14 of the Theatres Act 1968 (c.54)(d)


3A. 18

LICENSING AND REGULATION COMMITTEE To determine issues relating to the functions below, unless delegated to an Officer.

Function Provision of Act or Statutory Instrument 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)

Power to licence the use of moveable dwellings and camping sites

Power to licence hackney carriages and private hire vehicles

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

a) as to hackney carriages, the Town Police Clauses 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 79 of the Local Government (Miscellaneous Provisions) Act 1976.

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.

Power to licence operators of hackney carriages on private hire vehicles

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

Power to licence sex shops and sex cinemas

The Local Government (Miscellaneous Provisions) Act 1982, section 2 and Schedule 3.

Power to licence performances of hypnotism

The Hypnotism Act 1962 (c.46)

Power to licence premises for acupuncture, tattooing, ear-piercing and electrolysis

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

Power to licence pleasure boats and pleasure vessels

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

Power to register door staff Paragraphs 1(2) and 9 of Schedule 12 to the London Government Act 1963 (c.33) and Part V of the London Local Authorities Act 1995 (c.x)


3A. 19

Function Provision of Act or Statutory Instrument Power to licence market and street trading Part III of and Schedule 4 to, the Local

Government (Miscellaneous Provisions) Act 1982, Part III of the London Local Authorities Act 1990 (c.vii) and section 6 of the London Local Authorities Act 1994 (c.xiii)

Power to licence night cafes and take away food shops

Section 2 of the Late Night Refreshment Houses Act 1969 (c.53)(f), Part II of the London Local Authorities Act 1990 and section 5 of the London Local Authorities Act 1994.

Duty to keep list of persons entitled to sell non medicinal poisons

Sections 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972 (c.66)(g)

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); sections 2 to 16 of the Game Licensing Act 1860 (c.90), section 4 of the Customs and Inland Revenue Act 1883 (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)

Power of register and licence premises for the preparation of food

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

Power to licence scrap yards Section 1 of the Scrap Metal Dealers Act 1964 (c.69)

Power to issue, amend or replace safety certificates (whether general or special) for sports grounds

The Safety of Sports Grounds Act 1975 (c.52)(a)

Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds

Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c.27)

Power to issue fire certificates Section 5 of the Fire Precautions Act 1971 (c.40)

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)

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)(b); section 1 of the Animal Boarding Establishments Act 1963 (c.43)(c); the Riding Establishments Act 1964 and 1970 (1964 c.70 and 1970 c.70)(d); section 1 of the Breeding of Dogs Act 1973 (c.60)(e) and sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999


3A. 20

Function Provision of Act or Statutory Instrument Power to register animal trainers and exhibitors

Section 1 of the Performing Animals (Regulation) Act 1925 (c.38)(f)

Power to licence zoos Section 1 of the Zoo Licensing Act 1981 (c.37)(g)

Power to licence dangerous wild animals Section 1 of the Dangerous Wild Animals Act 1976 (c.38)

Power to licence knackers’ yards Section 4 of the Slaughterhouses Act 1974 See also the Animal by-products Order 1999 (S.I. 1999/646).

Power to licence the employment of children

Part II of the Children and Young Persons Act 1933 (c.33), byelaws made under that Part and Part II of the Children and Young Persons Act 1963 (c.37)

Power to approve premises for the solemnisation of marriages

Section 46A of the Marriage Act 1949 (c.76) and the Marriages (Approved Premises) Regulations 1995 (S.I. 1995/510)(h)

Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to:-

a) an exchange of lands effected by an order under section 19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 (c.67) or

b) an order under section 147 of the Inclosure Act 1845 (c.8&9 Vict C.118)

Regulation 6 of the Commons Registration (New Land) Regulations 1969 (S.I. 1969/1843)

Power to register variation of rights of common

Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I. 1966/1471 (a).

Power to grant consent for the operation of a loudspeaker

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

Power to grant a street works licence Section 50 of the New Roads and Street Works Act 1991 (c.22)

Power to licence agencies for the supply of nurses

Section 2 of the Nurses Agencies Act 1957 (c.16)

Power to issue licences for the movement of pigs

Article 12 of the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11)

Power to licence the sale of pigs Article 13 of the Pigs (Records, Identification and Movement) Order 1995


3A. 21

Function Provision of Act or Statutory Instrument Power to licence collecting centres for the movement of pigs

Article 14 of the Pigs (Records, Identification and Movement) Order 1995

Power to issue a licence to move cattle from a market

Article 5(2) of the Cattle Identification Regulations 1998 (S.I. 1998/871)

Power to sanction use of parts of buildings for storage of celluloid

Section 1 of the Celluloid and Cinematograph Film Act 1922 (c.35)

Power to approve meat product premises Regulations 4 and 5 of the Meat Products (Hygiene) Regulations 1994 (S.I. 1994/3082)(d)

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)

Power to approve dairy establishments Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I. 1995/1086)(e)

Power to approve egg product establishments

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

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 to eat foods

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

Power to approve fish products premises Regulation 24 of the Food Safety (Fisher Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I. 1998/994)

Function Provision of Act or Statutory Instrument Power to approve dispatch or purification centres

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

Power to register auction and wholesale markets

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

Duty to keep register of food business premises

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

Power to register food business premises Regulation 9 of the Food Premises (Registration) Regulations 1991

Functions under any of the “relevant statutory provisions” within the meaning of Part 1 (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 1 of the Health and Safety at Work etc Act 1974 (C.37) (b)


3A. 22

Any function relating to contaminated land Part 11A of the Environmental Protection Act 1990 (c.43) and subordinate legislation under that Part

The discharge of any function relating to the control of pollution or the management of air quality

See the Pollution Prevention and Control Act 1999 (c.24) Part IV of the Environment Act 1995 (c.25), Part 1 of the Environmental Protection Act 1990 (c.43) and the Clean Air Act 1993 (c.11)

The service of an abatement notice in respect of a statutory nuisance

Section 80(1) of the Environmental Protection Act 1990

The passing of a resolution that Schedule 1 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area

Section 8 of the Noise and Statutory Nuisance Act 1993 (c.40)

The inspection of the Authority’s area to detect any statutory nuisance

Section 79 of the Environmental Protection Act 1990

The investigation of any complaint as to the existence of a statutory nuisance

Section 79 of the Environmental Protection Act 1990


3A. 23

PARKLANDS GATEWAY COMMITTEE 1. To be responsible for overseeing and monitoring the Council’s involvement in the

Parklands Gateway Project within the policies, strategies and budget agreed by Full Council.

2. To hold delegated authority to agree resolutions within the policies, strategies and

budget agreed by Full Council in furtherance to the Council’s interest and/or involvement in the Parklands Gateway Project.

3. The Chair and/or Vice Chair of the Committee shall present regular update reports on

the Parklands Gateway Project to the Overview & Scrutiny Panel on a quarterly basis.

4. The Committee shall be responsible for overseeing the Council’s working

arrangements with relevant partners involved in the Parklands Gateway Project, including the appointment of specialist consultants/project managers in furtherance of the Council’s involvement in the Project within agreed budgets.

5. To receive regular updates from Officers on progress made against the agreed

project plan(s) in relation to the Parklands Gateway Project. 6. To receive updates on and monitor the development of the Council’s One Stop Shop

facility including arrangements for the interim scheme located within Grosvenor House.

7. To receive updates on the E Government/Customer Care programme.


3A. 24

APPOINTMENT PANEL A Panel established by Full Council to interview candidates shortlisted for senior management positions within the Council in line with agreed Council policy/procedure. The Panel will consist of 5 Elected Members and be subject to political balance rules. In the event that a member of the Panel is unable to attend the Chief Executive will liaise with the member’s respective political group to obtain a substitute for the Panel meeting. The Chief Executive as Proper Officer, in consultation with the Human Resources Manager, shall convene meetings of the Panel where necessary. Interview only (appointment subject to Full Council approval)

• Chief Executive • Corporate Director (Resources) • Corporate Director (Operations) • The post designated as “Head of

Paid Service” (if not one of the above)

• The post designated as “Chief Financial Officer” (if not one of the above)

• Head of Legal & Monitoring Officer (whilst designated “Monitoring Officer”)

Interview & Appointment • Head of Planning & Economic

Regeneration • Head of Financial Services • Head of Community & Culture • Head of Corporate Development • Head of Street Scene Environment &

Technical • Head of Special Projects • Head of Housing • Assistant Chief Executive • Development Manager • Human Resources Manager

Posts not detailed above would be subject to the normal interview & appointment procedure of the Council and not require Elected Member involvement.


3A. 25

JOINT CONSULTATIVE COMMITTEE 1. Objectives

Without prejudice to the right of management to manage and employees to make representation through their recognised Trade Union the general objectives of Corby Borough Council Joint Consultative Committee are:-

1.1 To act as a forum for consultation between employer and employee representatives about matters concerning and effecting the employment of staff throughout the Authority.

1.2 To bring together management and employee representatives in consultation with the objective of maintaining an efficient service and service delivery.

1.3 To discuss employment conditions and law and the effects of the implementation of matters which have been prescribed or recommended at national, provincial or local level.

1.4 To give the employee wider understanding and greater responsibility in these matters.

1.5 To give the employer and management a wider understanding of issues effecting the employees.

2.0 Functions In pursuance of the objectives of Corby Borough Council Joint Consultative Committee, the following are stated as specific matters for consideration:-

2.1 To consult on operational and policy issues being proposed by management which should be explained to the employees collectively with the purpose of affording them an opportunity of seeking the views of their members and encouraging a sense of personal involvement.

2.2 To discuss with the aim of jointly reviewing any CBC policy/procedure (with regard to matters of employment), that are failing and periodically review all CBC policy/procedure (with regard to matters of employment), to ensure compliance with the national agreement where no local agreement has been set.

2.3 To consider issues and Local/National proposals to promote equality of opportunity.

2.4 To discuss issues that may potentially effect the employees of CBC set out or proposed by Government.

2.5 To investigate any other circumstances conducive to the efficiency and satisfactory running of Council services.

2.6 To consider content and conduct of training programmes, refresher courses and procedures for selection and promotion.

3.0 Membership The Committee shall be made up of representatives from the employer, the employees and management.

3.1 Employee Representation shall be proportionate throughout the four recognised Trade Unions within the Corby Borough Council:-

AMACUS – 2 representatives

GMB – 1 representative

UCATT – 2 representatives


3A. 26

UNISON – 4 representatives

Employee representatives must be employees of CBC and Officials of their recognised Union i.e. a Steward, representative or on the executive Committee for their branch.

The employee representatives shall hold their seats for the period of one year and be eligible for re-appointment or re-election.

The Trade Union representatives shall submit the names of their representatives forming the employee side of the Committee to Committee Services no later than June of each year. In the event of an employee representative resigning from the Union or as an Official they must renounce their seat on the JCC.

3.2 Employer’s Representatives shall consist of 5 Elected Members to be appointed by Council each year. Political balance rules must be taken into account.

The employers shall submit the names of their representatives forming the employer’s side of the committee to the Chief Executive no later than June of each year, however in the event of a local election names shall be submitted no later than the end of June.

3.3 Management representation shall consist of a member of the Core Management team and the Human Resources Manager. All Heads of Service shall also represent management where relevant but will not have a seat on the Committee.

3.4 Both employer and employee sides of the Committee shall be entitled to substitute representation in the event of any nominated Committee member being unable to attend the meeting of the JCC.

The Employers side substitute arrangements shall be arranged in accordance with the Council’s scheme for substitute members and the substitute sent must be an Elected Member of Corby Borough Council.

Each of the Trade Unions forming the Employee side shall undertake their own substitute arrangements; the substitute sent must be a member of the relevant Trade Union from the Branch that covers Corby Borough Council.

3.5 Vacancies on either side shall be filled as they arise.

4.0 Chair and Vice Chair 4.1 The Committee at the first meeting of the Civic Year shall elect the Chair from

either the employer’s or employee’s side, alternating each year.

4.2 The Committee, at the first meeting of the Civic Year shall appoint the Vice Chair from the side which does not hold the Chair.

4.3 In the event of the Chair being absent the Vice Chair shall preside.

5.0 Advisers 5.1 Members of the Committee shall have the right to have in attendance persons

with specialised knowledge in a consultative or advisory capacity. Such attendants shall be notified to Committee Services as with the agenda item.

6.0 Rules and Regulations 6.1 The Corby Borough Council JCC is a consultative committee, it does not have

any decision making or negotiating powers nor shall it have any delegated power.

6.2 Meetings shall be held every 2 months unless otherwise agreed by Committee, but no less than 6 times a year.

6.3 The employee and management both have the right to request a special meeting, the meeting will take place within seven working days of a request to the Chief


3A. 27

Executive, in the event of a special meeting being requested the Chair and Vice Chair will be informed.

6.4 The matters to be discussed at JCC shall be submitted to Committee Services no later than 2 weeks prior to the meeting being held. Items not present on the Agenda will not be discussed unless the Chair rules that the matter is urgent.

6.5 The Committee Services Manager will be responsible for the administration for the Committee and minutes shall be circulated to all members of the Committee and all Elected Members no later than 5 working days before the next meeting.

6.6 Quorum shall be constituted by a member of the Core Management Team, 3 Elected Members and three authorised employee reprentatives.

6.7 Employee representatives from one of the recognised trade unions may “by proxy” raise issues on behalf of another recognised trade union where requested to do so.

6.8 Separate meetings of the employer’s side and of the employee’s side may take place immediately prior to the meeting of the JCC, facilities for this purpose will be convenient for the venue of the meeting.

6.9 Matters relating to individual cases will not be discussed in any circumstances, however, in meeting the objectives and functions of the Committee, work place policy or procedure matters arising from such cases will be discussed in line with function 2.1 and 2.2.

6.10 The minutes of the JCC shall be presented to the Policy Committee where any necessary decisions can be made.

6.11 The JCC Constitution shall be reviewed every 12 months.

Glossary JCC Joint Consultative Committee CBC Corby Borough Council Core Management Chief Executive, 2 Corporate Directors Employee Representatives from the recognised Trade Unions Employer Elected Members of the Council Management Heads of Service Advisor A person of specialist knowledge either internal or external


3A. 28

SAFETY COMMITTEE 1. To provide a forum for employee representatives and management to submit and

discuss issues which affect employee’s health and safety in the workplace.

2. To provide an opportunity for the Safety Officer to raise matters of general concern with respect to employees health and safety in the workplace and in particular to receive reports as appropriate on:-

a) a description of all reportable injuries, disease and dangerous occurrences that have occurred since the last meeting, together with details of remedial action taken.

b) Details of any new health and safety legislation directly or indirectly affecting the organisation, together with details of any action that may be necessary.

c) Information on the outcome of any safety monitoring activities undertaken during the month e.g. safety inspections of specific areas and any risk assessment and control measures that result from this.

d) Any other matters which in the opinion of the Secretary and the Chairperson needs a decision from the Safety Committee.

3. To monitor and review working arrangements for health and safety including the Council’s Statement of Health and Safety.

4. To act as a focus for joint participation in the prevention of accidents, incidents and occupational ill health.

5. To be the forum for consultation on revised policies, procedures and guidance in the prevention of accidents, incidents and occupational ill health.

6. To act as a sign post for strategic issues to be dealt with by the Risk Management Group and to receive reports back on issues raised.

7. To contribute to the development of the Council’s Strategic and Operational Risk Register.


3A. 29

EMPLOYMENT APPEALS PANEL The Panel will consist of 3 Elected Members and be subject to political balance rules. Membership will be nominated by the respective political groups on request from the Proper Officer.

1. To consider and determine appeals by officers against the implementation of

disciplinary or termination of employment procedures and to consider and determine appeals under the grievance procedure.

Part Three – Responsibility for Functions (Officers)

3B.1

PART THREE – 3B OFFICER DELEGATION


3B.2

SCHEME OF DELEGATION TO OFFICERS (as approved by Full Council 24th August 2006)

1. These delegations are made under the Council’s powers contained in Section 101 of the Local Government Act 1972 Section 15 of the Local Government Act 2000 and all other enabling powers and shall be interpreted according to the Standing Orders of Corby Borough Council (“the Council”) and a Chief Officer, Head of Service or other person is authorised to exercise such powers as are shown in this Scheme of Delegations including those reasonably implied or reasonably incidental to the matters specified.

2. For the purposes of this scheme:

(a) If the post of an officer to whom a function is delegated (or to which he/she has been appointed as a Proper Officer) is vacant, or if the postholder is absent, unless the Council otherwise decides: -

(i) In the case of the Chief Executive, the function shall in the absence of

the Chief Executive be exercisable by the Acting Chief Executive or either of the Directors:

(ii) In the case of the Corporate Director (Resources) the function shall be exercisable by the Chief Executive or a Head of Service of the Resources’ Directorate subject to iv below;

(iii) In the case of the Corporate Director (Operational), the function shall be exercisable by the Chief Executive or a Head of Service in the Operations Directorate;

(iv) In the case of the Section 151 Officer the function shall be exercisable by the Head of Finance who is suitably qualified pursuant to S.113 of the Local Government Finance Act 1988;

(v) In the case of any other Head of Service, the relevant Officer may, in writing, designate an Officer to whom the function is to be delegated.

(b) Any officer exercising a function under delegated powers shall only do so in accordance with: (i) the policies and procedures of the Council except in cases of emergency; and,

(ii) where provision has been made for the expenditure within the budget except in cases of emergency:

(c) The Chief Officers and Head of Service, while retaining the

delegations themselves, may also in writing further delegate the functions delegated to them to another officer to undertake and carry out the function. Such officers may in turn delegate in writing to other officers reporting to them with the permission of the Chief Officer or a Corporate Director.

(d) Any reference to an Act, Order or other legal provision is to be taken to apply to and include any re-enactments or modification thereof and any reference to an Act, Order or other legal provision is to be taken to


3B.3

encompass any Regulations, Orders, Rules, Instruments, Directions, Directives, Statutory Guidance or other legal provision made thereunder;

(e) References to a Chief Officer shall mean the Chief Executive or a

Director.

(f) In addition to these delegated powers, powers are also exercisable by officers through Standing Orders, Financial Regulations (the rules and regulations in the Constitution that govern the management of the Council’s financial affairs), Contract Standing Orders and elsewhere in the Constitution;

(g) Each Head of Service shall be a proper officer for any purpose

required by a statute or statutory instrument which is not specified in this Scheme of Delegations to Officers appropriate to their respective areas of responsibility.

3. Subject to the foregoing, there are delegated to the officer(s) listed the

functions detailed in Column 1 of the attached Schedule provided that:

(a) before exercising such function the officer shall comply with any conditions and/or requirements for consultation set out in Column 2.

(b) any reference in Column 2 to “C.P” means that the appropriate

Member or Members shall first be consulted using the Consultation Procedure under Standing Order 3.6.2 and this may include consultation with the leader of the Group(s) not forming the Administration of the Council;

(c) any reference in Column 2 to a body or to another officer or officers or

other person means that such body or officer or other person as the case may be shall first be consulted.

In addition to those items set out below, each postholder to whom matters are delegated had delegated to him or her all administrative matters necessary to carry out the functions set out in his or her job description and to authorise his or her junior officers accordingly.

4. While any significant variation to this Scheme requires the approval of the Council as this document forms part of the Council’s Constitution, the Council delegates minor consequential changes from changes in legislation or small scale restructures in the Council to the Head of Legal & Democratic Services to effect.


3B.4

SCHEME OF DELEGATIONS TO OFFICERS – SCHEDULE 1. ALL CHIEF OFFICERS (“Cos”) – GENERAL … (AND WHERE INDICATED

IN ITALICS THE RELEVANT HEAD OF SERVICE (“HoSs”) Column 1

Function delegated Column 2 Conditions/Consultations

1.1 1.1.1

General (All COs and HoSs) Any action usually falling within his/her office or job description required to give effect to a decision of the Council, a Committee or other body or person having delegated power.

1.1.2

(All COs and HoSs) Any action on minor matters, arising between meetings and which cannot reasonably await the next meeting of the Council, or a Committee, as the case may be.

C.P.

1.2 1.2.1

Staffing (All COs and HoSs) Authorising travel costs and allowances and the attendance of staff at training and study courses, meetings, conferences and similar events and arrangements for

post-entry training and designate

essential and casual car users.

Provided within budget.


3B.5

Column 1

Functions delegated Column 2 Conditions/Consultations

1.2.2

(All COs and HoSs) Authorising or appointing any Employee, contractor or agent of the Council to or for any statutory purpose or office to which the Council has appointed the Chief Officer and, in particular, under any available power, to authorise entry and appointpersons to enter onto land or premises.

1.2.3

(All COs and HoSs) The filling of vacancies and the appointments to posts on the Council’s establishment and the settling of terms and conditions of employees.

All Chief Officers and HoSs posts

to go to an Employment Panel of Members who may decide in relation to HoSs and recommend

to Council for Chief Officers

1.2.4

(All COs and HoSs) Authorisation of overtime working.

Provided within budget.

1.2.5

(All COs and HoSs) Disciplinary and Grievance action including reference to Employment Appeal Committee [Disciplinary action in respect of Head of Paid Service, Monitoring Officer and S.151 Officer isdealt with at Standing Order 5.4.]

C.E. to deal with any CO not holding statutory office.

1.2.6

(All COs and HoSs) The granting of leave and releasing staff on paid absence for elections, union or other duties, as required

In consultation with the H R Manager in the case of compassionate or unpaid leave if more than 3 days are requested

1.2.7

(All COs and HoSs) To refer or support applications for regrading of staff

Decision to be reserved to Job Evaluation Panel (with right of appeal)

1.2.8

(All COs and HoSs) Granting of annual and additional increments within the appropriate grade for established posts

In consultation with the HR Manager and decision to be in line with policy


3B.6

Column 1 Functions delegated

Column 2 Conditions/Consultations

1.2.9

(All COs and HoSs) Granting of honoraria, ex gratia or higher duty payments, travelling and subsistence expenses

1.2.10 (All COs and HoSs)

Allow employees to engage in other paid employment outside working hours at the Council

1.2.11 To engage external professionals

Subject to budget and contract standing orders

1.2.12 To negotiate sponsorship deals

Notify relevant Committee

1.3 1.3.1

Finance (All COs) Viring up to £25,000 between any heads of Expenditure or income within the approved revenue or capital budget

In consultation with the CorporateDirector (Resources). Virements over £10,000 require CMT approval. All virements to be in line with Financial Regulations

1.4 1.4.1

Health and Safety

All COs and Chief Executive individually for any appropriate exercise of powers and duties that may be the specific responsibility of the Chief Executive/Head of Paid Service To exercise all the powers, functions, duties and responsibilities of the Council with regard to Health and Safety.

1.4.2

Equalities (All COs and Chief Executive individually for any appropriate exercise of powers and duties that may be the specific responsibility of the Chief Executive/Head of Paid Service To exercise al the powers, functions, duties and responsibilities of the Council with regard to Equalities.


3B.7

1.5 1.5.1.

Miscellaneous (All COs and HoSs) S.41 Local Government (Miscellaneous Provisions) Act 1982 (disposal of lost and uncollected property).

1.5.2

(All COs and HoSs) Authorising the temporary use of land under their departmental or service control.

1.5.3

(All COs and HoSs) Applications for national lottery and other Similar external funding.

1.6 1.6.1

Early Retirement (All COs) Early retirements on ground of ill health

In consultation with the HR Manager

1.7 1.7.1

Planning (All COs and HoSs) To submit applications for planning permissionon behalf of the Council

1.8 1.8.1

Notices (All COs and HoSs) To issue statutory and other notices on behalf of the Council

Unless reserved to a specific Officer under the list at Appendix B


3B.8

2. THE CHIEF EXECUTIVE (“CE”) …

Column 1 Function delegated


2.1 2.1.1

Urgency Powers (CE) The Chief Executive may take all necessary action on urgent matters arising between meetings which cannot reasonably await the next meeting of the Member, Committee or other Body as the case may be.

The Chief Executive will, if reasonably possible, first consult with the Leader (or in her/his absence the Deputy leader) and the Leader of the group(s) not forming the Administration of the Council and shall report back to Members through Committee at the first available opportunity

2.1.2 To allow Officers who report to the Chief Executive to act in his/her name for specified purposes.

2.1.3 To oversee the promotion of the Council and its services.

2.1.4 To act as the Council’s Head of Paid Service and determine matters relating to:

(a) Acting as Line Manager for the

Corporate Director (Resources), the Corporate Director (Operational) and other staff reporting directly to him/her or within his/her secretariat.

2.1.5 To make arrangement for Royal (in consultation with the Mayor) or VIP visits to the Borough

2.1.6 To act as the designated Returning Officer for local Borough and Parish Council Elections, Deputy Returning Officer for European Parliamentary Elections (where requested), Deputy Returning Office for local County Council and (Acting) Returning Officer for Parliamentary Elections.


3B.9

3. THE CORPORATE DIRECTOR (RESOURCES) (“CD[R]”) ….



3.1 To act as the Council’s Chief Financial Officer” for the purposes of s.114 of the Local Government and Finance Act 1988 and s.151 of the Local Government Act 1972.

CP,CE & MO as appropriate

3.2 To oversee the management of areas of activity for which the Corporate Director is responsible

3.3 To deputise for the Chief Executive as appropriate or as otherwise directed.

3.4 To manage the programme and delivery of an Internal Audit Service.

MO as appropriate

3.5 Settlement of claims whether covered by insurance or not

Up to £50,000 Between £50,000 and £100,000 with approval of CMT & MO Over £100,000 Committee approval required

3.6 To prepare the Council’s Medium Term Financial Strategy


3B.10

4. THE CORPORATE DIRECTOR (OPERATIONS) (“CD[O]”) ….



4.1 To oversee the management of areas of activity for which the Corporate Director is responsible

4.2 To deputise for the Chief Executive as appropriate or as otherwise directed.


3B.11

5. THE HEAD OF LEGAL AND DEMOCRATIC SERVICES (Monitoring Officer) (MO) ….

Column 1

Function delegated


5.1 To undertake the duties of the Monitoring Officer for the purposes of the Local Government and Housing Act 1989.

CE and 151 Officer as appropriate

5.2 Responsibility for the management of the Council’s Legal Commercial Property, Freedom of Information and Democratic Services functions.

5.3 To institute, defend or settle any judicial or quasi-judicial proceedings on behalf of the Council.

5.4 To authenticate documents on behalf of the Council.

5.5 To act as Authorising Officer for the purposes of the Regulation of Investigatory Powers Act 2000 (this responsibility may be delegated to Heads of Service) and Money Laundering offence under the Prevention of Crimes Act.

5.6 To appoint a Valuation Officer to conduct negotiations for the purchase or sale of any land or property.

5.7 To purchase at auction any land within the Borough at which the Council is interested (pursuant to agreement from Full Council or the One Corby Policy Committee

CE and 151 Officer

5.8 In the absence of the Chief Executive, to sign warrant cards for those staff who are required to go out on site for those services where specific legal authorisation has not already been granted.


3B.12

Column 1

Function delegated


5.9 To act as the Council’s Proper Officer in relation to: (a) Certification of copy documents

and resolutions (b) Local Land Charges (c Transfer of securities etc. (d) Evidence of Bylaws (e) Certification of Resolutions (f) Deposit of Document (g) Parish Trustee (h) Local Charities (i) Rockingham Parish Trustee (j) Transferring Securities (k) Any other Proper Officer

delegation not delegated to another officer.

(l) Committee Administration

5.10 To monitor the working of, and make minor amendments to the Council’s Constitution as appropriate.

5.11 To oversee the Council’s ethical framework, Codes of Conduct and protocols as approved by Council or required by statute.

5.12 To advise the local Standards Committee on issues within its Terms of Reference, including overseeing the procedure of conduct of local determinations in relation to alleged breaches of the Code of Conduct and responsibility for the appointment of suitably trained and qualified staff to act as local investigators.

5.13 Open all tenders and quotations In accordance with Contract Standing Orders

5.14 Maintain the Council’s Select List of Contractor’s

5.15 Approve attendance of Members at Meetings

C.E.

5.16 Allow use of all Committee Rooms and Council Chamber


3B.13

Column 1

Function delegated


5.17 To ensure the provision of the Data Protection Act 1984 (as amended) and the Freedom of Information Act 2000 are complied with throughout the Council and that the appropriate systems are in place for doing so.

5.18 To sign all notices, agreements and documents on behalf of the Council unless delegated to another officer

Committee approval required over £250,000

5.19 To maintain hospitality code and advise and determine cases falling under the Code.

5.20 To act as the designated “Corporate Property Officer” on behalf of Corby Borough Council.

5.21 To produce and maintain a register of land and property values/transactions within Corby Borough.

5.22 To maintain a Property Terrier and Asset Register for Corby Borough.

5.23 In conjunction with the Chief Executive and other senior officers to prepare the Asset Management Plan.

5.24 To negotiate and complete, subject to Council policy and procedure, strategic land and property acquisitions and disposals, working with relevant partners where appropriate, under the direction of the Chief Executive.

.


3B.14

6. THE HEAD OF FINANCIAL SERVICES ….



6.1 Preparation and Management of Council’s budget

In accordance with Financial Regulations CD (R)

6,2 Preparation of Council’s Financial Statement

6.3 Management of Collection and General Funds

6.4 Arrange and maintain banking facilities

6.5 Management of Housing and Council Tax Benefit Services

6.6 All matters delegated to the Head of Finance under Financial Regulations

As required under Financial Regulations

6.7 Manage all insurance matters

6.8 Recovery including appearances at Court as necessary for Council Tax and non domestic rate arrears

6.9 To object to, propose alterations to the Valuation List and appear before the Valuation Tribunal

6.10 Issue Certificates of Partial Occupation (L.G.F. Act 1988)

6.11 Approve and arrange instalment facilities for debtors

6.12 Hearing of appeals against determination by the Council for monies due under L.G.F. Acts 1988 and 1992

6.13 Financial settlement of claims made to the Ombudsman as ordered or agreed locally

HOLDS


3B.15

7. THE HEAD OF CUSTOMER FIRST….



7.1 Responsibility for the management of the Council’s IT Services, development and resources in accordance with the approved information technology hardware and software strategy.

7.2 Responsibility for support arrangements for the development of customer care and a “One Stop Shop” service.

7.3 Responsibility for monitoring and developing the corporate complaints. Compliments and comments policy/procedure in consultation with other Heads of Service.

7.4 Responsibility for the management and development of the corporate NLPG/GMS initiative.

.


3B.16

8. THE HEAD OF REGENERATION AND GROWTH….



8.1

Granting, subject to appropriate conditions, or refusing applications, consistent with the Development Plan and/or: a. Planning permission b. Listed building consent c. Conservation area consent d. Advertisement consent e. Certificates of lawful use or

Development f. Variation or removal of a Condition g. Hazardous substances

Consent h. Consent to fell. Lop or top a

tree

(1) Except where the application relates to development within one of the categories set out in Appendix A to this scheme. (2) Applications not to be granted under this delegation where there are ordinarily at least 3 relevant material third party objections which cannot be resolved by amendments or the imposition of appropriate planning conditions or by entering into a S106 agreement. (3) The application to be referred to Committee when so requested by any Member with signed support of one member of Development Control Committee (not a substitute) within 14 days of the application being registered (Officers having published the application within 5 days of receipt) and made in writing with valid planning reasons, ideally on the attached proforma

8.2 Responding to any consultation on a planning proposal under Circular 18/84 or otherwise.

8.3 Granting, subject to any appropriate conditions, or refusing approval to any matter which requires the Council’s approval under any condition imposed on a permission or consent.

8.4 Authorising the issue and service of any of the following notices:

(a) Breach of Condition (b) 215 amenity (c) Planning Contravention (d) Stop Notice (in cases of

special urgency) (e) Enforcement Notice

a) – e) consultation HoLDS Prior consultation with relevant ward Members in the case of a Stop Notice.


3B.17

Column 1

Function delegated


(f) 8.5 Prior approval Notices and decisions:

(a) Decision as to whether prior approval is required (b) Undertaking publicity of cases (c) Granting or refusing

applications (d) Screening of applications for

Environmental Impact Assessments

Applications not to be granted under this delegation where conditions 1d at Appendix A applies

8.6 Any necessary actions under the Planning (Hazardous Substances) Act 1990

8.7 Power to authorise appropriate persons to enter premises under the Town and Country Planning Acts and any regulations made thereunder.

8.8 Taking action, including the service of any notices, under Part 8 of the Anti-Social Behaviour Act 2003 relating to high hedges

8.9 The making of Tree Preservation and Replacement Orders

8.10 The management and preparation of the Development Plan

8.11 All Building Control applications approval and enforcements

8.12 Provide Civil Emergency Co-ordination action for the Council

Northants County Council and other emergency services


3B.18

9. THE DEVELOPMENT MANAGER….

Column 1

Function delegated


9.1 To commission research and market reports as required within budgetary provision.

9.2 In consultation with the Chief Executive and other senior officers to process investment enquiries made to the Council in relation to the Borough

9.3 Provide a strategic land and property service to the Council

9.4 To develop a marketing strategy for key strategic land holdings within the Borough

9.5 To commission research and market reports as required

Within budgetary provision

9.6 Process investment enquiries made to the Council in relation to the Borough

In consultation with CE and HoS

9.7 To develop a marketing strategy for key strategic land holdings within the Borough


3B.19

10.THE HEAD OF LEISURE AND CULTURE …..

Column 1

Function delegated


10.1 To manage the Council’s Leisure Community and Cultural facilities in accordance with Policy and budgets

10.2 To prepare and implement plans and strategies with in the remit of the function

10.3 Promote personal issues health issues within the Borough

10.4 To manage and determine grants awarded within budgets under the responsibility of HOCL

10.5 To manage life long learning, youth services and drugs issues managed by the Council.

10.6 Manage the Council’s Tourist Information Service

10.7 Manage Community Safety and CCTV Services in the Borough

10.8 Co-ordinate and implement SRB policies and funding

10.9 To manage and co-ordinate Corby’s twinning arrangements

10.10 Manage, adopt and develop open spaces and woodlands.


3B.20

11.THE HEAD OF SPECIAL PROJECTS …..

Column 1

Function delegated


11.1 Responsibility for Special Projects approved by the Council

11.2 Responsibility for the co-ordination of Projects and Programme Planning within the Council


3B.21

12.THE HEAD OF NEIGHBOURHOOD PRIDE …..



12.1 The management, repair, maintenance, improvement and regeneration of the Council’s Housing stock

Sales dealt with by HOLDS

12.2 To manage the Control centre and Mobile Wardens

12.3 To manage the homelessness function for the Council

12.4 To act as the Council’s link for supporting people and to implement initiatives in the Borough

12.5 To lead on community led local neighbourhood renewal in the Borough


3B.22

13 THE ASSISTANT CHIEF EXECUTIVE Column 1

Function delegated


13.1 Responsibility for the management of the Council’s Corporate Initiatives Team including co-ordinating the Council’s response to performance management and corporate planning initiatives.

13.2 Responsibility for the management and development of scrutiny support to the Council.

13.3 To manage the procurement of goods, work and services in accordance with approved Council policies and strategies and to develop policies/strategies in line with statutory requirements and recommended best practice.

Contracts Gateway as appropriate


3B.23

14.THE HEAD OF STREETSCENE & ENVIRONMENTAL QUALITY …..



14.1 To carry out the responsibility of the Council under the list of Statutes contained in Appendix B and keep Appendix B up to date

Variations to Appendix B to be made in consultation with HoLDS

14.2 To authorise officers to act as required under Statutes contained in Appendix B as amended for the purposes of inspections, obtaining warrants, entering property, seizure etc.

14.3 To enforce byelaws made by the Council

14.4 To provide and maintain an environmental health and environmental protection service

14.5 To provide a Health and Safety at Work Service and be responsible for Health and Safety in the Council

14.6 To act as proper Officer for Public Health (Control of Diseases) Act 1984

14.7 Provision of National Assistance Burials

14.8 Management of Flood Defences

14.9 Management enforcement and control of gypsies and new age travellers


3B.24

15.THE HUMAN RESOURCES MANAGER …..

Column 1

Function delegated


15.1 Responsible for the Human resources Function in the Council

15.2 Approval of Long Term Service Awards

15.3 Determination of applications for redeployment


3B.25

APPENDIX A SCHEME OF OFFICER DELEGATIONS, REGENERATION AND GROWTH Limitations on the types of application which may not be approved under delegated powers 1. Where an application or proposal is to carry out development, the Head of Regeneration and Growth may not under delegation 5.11 deal with applications for development of the following character and subject to any condition specified: (a) Any application including departures where Planning Officers recommendation is not in compliance with Development Plan Policy. (b) Application is referred to the Government Office in direction and where the ODPM is minded to intervene. (c) Where proposals are subject to EIA or TIA or other statutory assessment.

(d) Applications made by the Borough Council.

(e) Applications submitted by Members or Senior Officers of the Borough Council.


3B.26

APPENDIX B Animal Boarding Establishments Act Protection of Animals (Amendment) Act 1988 Breeding of Dogs Act 1973 & 1991 Breeding and Sale of Dogs (Welfare) Act 1999 Building Act 1984 Caravan Sites Act 1968 Caravan Sites and Control of Development Act 1960 Cinemas Act 1985 Civic Amenities Act 1967, as amended by Town and Country Planning Act 1971 Clean Air Act 1993 Clean Neighbourhoods and Environment Act 2005 Control of Pollution Act 1974 Dangerous Wild Animals Act 1976 Deer Act 1991 Deregulation and Contracting Out Act 1994 Dogs Act 1906, as amended by Dogs (Amendment) Act 1928 Dangerous Dogs and Act 1991 - as amended by Dangerous Dogs (Amendment) Act 1997 Environment Act 1995 Environmental Protection Act 1990 - Factories Act 1961 Fire Safety and Places of Sport Act 1987 Food and Environmental Protection Act 1985 The Food and Safety Act 1990 The Food Safety Act 1999 Game Act 1831, 1970 Guard Dogs Act 1975 Health and Safety at Work Act 1974 Home Safety Act 1961 Housing Act 1985, 1988, 1996, 2004 Local Government and Housing Act 1989 as amended by Local Government Act 2003 Landlord and Tenant Act 1985, 1987 and 1988 Licensing Act 2003 The Local Government (Miscellaneous Provisions) Acts 1976 and 1982 Mines and Quarries Act 1954 - as amended Mobile Homes Act 1975 and 1983 National Assistance Act 1948 National Assistance (Amendment) Act 1951, 1959 Noise Act 1996 Noise and Statutory Nuisance Act 1993 Offices, Shops and Railway Premises Act 1963, as amended Performing Animals (Regulation) Act 1925 Pests Act 1954 Pet Animals Act 1951 Pet (amendment) Act 1983 Prevention of Damage by Pests Act 1949 Private Water Supplies Regulations 1991 Public Health Acts 1875, 1936 and 1961 Public Health (Control of Disease) Act 1984 Radioactive Substances Act 1993 Refuse Disposal Amenity Act 1978


3B.27

Rent Acts 1957 - 1977 Riding Establishments Act 1964 and 1970 Scrap Metal Dealers Act 1964 - Sunday Trading Act 1994 - Slaughter Houses Act 1974 as amended Slaughter of Animals Act 1974 Slaughter of Poultry Act 1967 as amended Sunday Entertainment Act 1932 Theatres Act 1968 Water Acts 1945, 1973 and 1989 - Water Industry Act 1991, 1999 Water Act 2003 Wildlife and Countryside Act 1981 Schedule 2 Part 2, as amended by Wildlife and Countryside Act 1981 (Variation of Schedule 2 and 3) Order Zoo Licensing Act 1981

Part 4 – Rules of Procedure (Council Procedure Rules)

4A.1

PART FOUR – 4A COUNCIL PROCEDURE RULES


4A.2

RULES OF PROCEDURE CONTENTS 1. Annual meeting of the Council

2. Ordinary meetings

3. Extraordinary meetings

4. Appointment of substitute members of committees and sub committees

5. Time and place of meetings

6. Notice of and summons to meetings

7. Chair of meeting

8. Quorum

9. Duration of meeting

10. Questions by the public

11. Questions by Members

12. Motions on notice

13. Motions without notice

14. Rules of debate

15. State of Corby Borough debate

16. Previous decisions and motions

17. Voting

18. Minutes

19. Record of attendance

20. Exclusion of public

21. Members’ conduct

22. Disturbance by public

23. Suspension and amendment of Council Procedure Notes

24. Application to committees and sub committees

For the purposes of this section, the Chief Executive is the designated “Proper Officer”. In their absence the Deputy Chief Executive will be the designated “Proper Officer”. Some of the duties designated in this section may be delegated by the “Proper Officer” to other officers. The Committee & Electoral Services Manager may act on behalf of the “Proper Officer” in their absence. At meetings of committees, sub-committees, panels & forums, the duly appointed minute clerk shall normally be the representative of the “Proper Officer”, and shall undertake such responsibilities & duties as designated in this section.


4A.3

1. Annual Meetings of the Council 1.1 Timing and Business In a year when there is an ordinary election of Elected Members, the annual meeting will take place within 21 days of the retirement of the outgoing Elected Members. In any other year, the annual meeting will take place in March, April or May.

The annual meeting will:-

i) elect a person to preside if the Mayor and the Deputy Mayor of the Council is not present;

ii) elect the Mayor of the Council;

iii) elect the Deputy Mayor of the Council;

i) approve the minutes of the last meeting;

ii) receive any announcements from the Mayor and/or Head of the Paid Service;

iii) elect the Leader of the Council & the Deputy Leader of the Council;

iv) note the appointment of leader and deputy-leader of recognised political groups represented within the Council;

v) appoint at least one overview and scrutiny panel, a local Standards Committee and such other Committees as the Council considers appropriate;

vi) agree the Scheme of Delegation;

vii) approve a programme of ordinary meetings of the Council for the year (if not already agreed by Council); and

viii) consider any business set out in the notice convening the meeting.

1.2 Selection of Elected Members on Committees and Outside Bodies At the annual meeting, the Council meeting will:

i) decide which committees to establish for the municipal year;

ii) decide the size and terms of reference for those committees;

iii) decide the allocation of seats (and substitutes) to political groups in accordance with the political balance rules;

iv) receive nominations of Elected Members to serve on each committee and outside body; and

v) appoint to those committees and outside bodies except where appointment to those bodies has been delegated by the Council.

2. Ordinary Meetings Ordinary meetings of the Council will take place in accordance with a programme decided at the Council’s annual meeting. Ordinary meetings will:-

a) elect a person to preside if the Mayor and the Deputy Mayor are not present;


ii) receive any declarations of interest from Members;

iii) receive any announcements from the Mayor, Leader or Head of Paid Service;


4A.4

iv) receive questions from and provide answers to, the public in relation to matters which in the opinion of the person presiding at the meeting are relevant to the business of the meeting;

v) deal with any business from the last Council meeting;

vi) receive reports in the form of draft minutes from the Council’s committees and receive questions and answers on any of those reports;

vii) receive reports about and receive questions and answers on the business of joint arrangements and external organisations;

viii) to receive any petitions in accordance with the Rules of Procedure;

ix) consider motions; and

x) consider any other business specified in the summons to the meeting, including consideration of the proposals from the policy committees in relation to the Council’s budget and policy framework and reports of the overview and scrutiny panels for debate.

3. Extraordinary meetings 3.1 Calling extraordinary meetings

Those listed below may request the Proper Officer of the Council to call Council meetings in addition to ordinary meetings:-

i) the Council by resolution;

ii) the Mayor of the Council;

iii) the Monitoring Officer; and

iv) any five members of the Council if they have signed a requisition presented to the Mayor of the Council and he/she has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition.

3.2 Business i) The requisition or resolution should clearly state the specific topic to

be discussed, and give a clear reason why this topic cannot be submitted to the next ordinary meeting of the Council. A copy of the resolution or requisition will be kept on file by the Proper Officer.

4. Appointment of Substitute Members of Committees and Sub

Committees 4.1 Allocation

As well as allocating seats on Committees and Sub Committees, the Council will allocate seats in the same manner for substitute members.

4.2 Number For each Committee or Sub Committee, the Council will appoint the a number of substitutes in respect of each political group as that group holds ordinary seats on that committee or sub committee up to a maximum of 4.

4.3 Powers and Duties Substitute Members will have all the powers and duties of any ordinary member of the committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting.


4A.5

4.4 Substitution Substitute members may attend meetings in that capacity only:

i) to take the place of the ordinary member for whom they are the designated substitute;

ii) where the ordinary member will be absent for the whole of the meeting; and

iii) after notifying the Proper Officer at the start of the meeting of the intended substitution. The substitution should clearly be recorded in the minutes of the meeting.

5. Time and Place of Meetings The time and place of meetings will be determined by the Proper Officer and notified in the summons.

6. Notice of and Summons to Meetings The Proper Officer will give notice to the public of the time and place of any meeting in accordance with the Access to Information rules. At least seven clear days before a meeting the Proper Officer will send a summons signed by him or her by post or electronic mail to every Member of the Council or leave it at their usual place of residence. The summons will give the date, time and place of each meeting and specify the business to be transacted and will be accompanied by such reports as are available. For meetings of committees, sub-committees, panels or forums the summons shall be delivered at least five clear days before a meeting.

7. Chair of Meeting The person presiding at the meeting may exercise any power or duty of the Mayor. Where these rules apply to committee, sub committee meetings, panels and forums, references to the Mayor also include the Chair of Committees, Sub-committees, panels & forums.

8. Quorum The quorum of a meeting will be one quarter of the whole number of Members. During any meeting if the Mayor counts the number of members present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the Mayor. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.

The quorum for meetings of committees, sub-committees, panels & forum shall be one quarter of the whole number of Members present. However, in no case shall the quorum be less than three.

9. Duration of Meeting 9.1 Close of the meeting

Unless the majority of members present vote for the meeting to continue, any meeting that has lasted 3 hours will adjourn immediately. Remaining business will be considered at a time and date fixed by the Chair. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.


4A.6

10. Questions by the public 10.1 General

Members of the public may ask questions of Members at ordinary meetings of the Council.

10.2 Order of questions Questions will be asked in the order notice of them was received, except that the Chair may group together similar questions.

10.3 Notice of questions A question may only be asked if notice has been given by delivering it in writing or by electronic mail to the Proper Officer no later than midday 3 working days before the day of the meeting. Each question must give the name and address of the questioner and must name the member of the Council to whom it is to be put.

10.4 Number of questions At any one meeting no person may submit more than one question and no more than one such question may be asked on behalf of one organisation.

10.5 Scope of questions The Proper Officer may reject a question if it:

• Is not about a matter for which the local authority has a responsibility or which affects the borough;

• Is defamatory, frivolous or offensive;

• Is substantially the same as a question which has been put at a meeting of the Council in the past six months; or

• Requires the disclosure of confidential or exempt information.

10.6 Record of questions The Proper Officer will enter each question in a book open to public inspection (including via the Council’s Website) and will immediately send a copy of the question to the Member to whom it is to be put. Rejected questions will include reasons for rejection.

Copies of all questions will be circulated to all members and will be made available to the public attending the meeting.

10.7 Asking the question at the meeting The Chair will invite the questioner to put the question to the Member named in the notice. If a questioner who has submitted a written question is unable to be present, they may ask the Chair to put the question on their behalf. The Chair may ask the question on the questioner’s behalf, indicate that a written reply will be given or decide, in the absence of the questioner, that the question will not be dealt with.

10.8 Supplemental question A questioner who has put a question in person may also put one supplementary question without notice to the member who has replied to his or her original question. A supplementary question must arise directly out of


4A.7

the original question or the reply. The Chair may reject a supplementary question on any of the grounds in Rule 10.5 above.

10.9 Time Limit on each Questioner Each questioner will have a maximum of five minutes in which to ask his or her question, receive a response, ask a supplementary question and receive a response. Once a period of five minutes has elapsed from the time the original question was put, the Mayor will move immediately to next business.

10.10 Written answers Any question, which cannot be dealt with during public question time, either because of lack of time or because of the non-attendance of the member to whom it was to be put, will be dealt with by written answer within 10 working days of the meeting being held.

10.11 Reference of question to a committee Unless the Chair decides otherwise, no discussion will take place on any question, but any member may move that a matter raised by a question be referred to the appropriate committee or sub-committee. Once seconded, such a motion will be voted on without discussion.

11. Questions by Members 11.1 On reports of committees

A member of the Council may ask the Chair of a committee or panel any question without notice upon an item of the report of a committee or panel when that item is being received or under consideration by the Council.

11.2 Questions on notice at Full Council Subject to Rule 11.4, a member of the Council may ask:

• The Chair

• The Leader of the Council; or

• The Chair of any committee, panel or sub-committee

A question on any matter in relation to which the Council has powers or duties or which affects Corby Borough.

11.3 Questions on notice at committees and sub committees Subject to Rule 11.4, a member of a committee or sub-committee may ask the Chair of it a question on any matter in relation to which the Council has powers or duties or which affect Corby Borough and which falls within the terms of reference of that committee, panel or sub-committee.

11.4 Notice of questions A member may only ask a question under Rule 11.2 or 11.3 if either:

(a) they have given at least 3 working days notice in writing or by electronic mail of the question to the Proper Officer; or

(b) the question relates to urgent matters, they have the consent of the Chair to whom the question is to be put and the content of the question is given to the Proper Officer by noon on the day of the meeting.


4A.8

11.5 Response An answer may take the form of:

(a) a direct oral answer;

(b) where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c) where the reply cannot conveniently be given orally, a written answer circulated later to the questioner, and all members of the relevant meeting.

11.6 Supplementary question A member asking a question under Rule 11.2 or 11.3 may ask one supplementary question without notice of the member to whom the first question was asked. The supplemental question must arise directly out of the original question or reply.

12. Motions on Notice 12.1 Notice

Except for motions which can be moved without notice under Rule 13, written notice of every motion, signed by a member, must be delivered to the Proper Officer not later than 10 working days before the date of the meeting. These will be entered in a book and entered on the Council’s Website open to public inspection.

12.2 Motion set out in Agenda Motions for which notice has been given will be listed on the agenda in the order in which notice was received, unless the member giving notice states, in writing, that they propose to move it to a later meeting or withdraw it.

12.3 Scope Motions must be about matters for which the Council has a responsibility or which affect Corby Borough.

12.4 Procedure A member may withdraw a motion at any time.

i) A motion may be moved by the member(s) who gave the original notice or by some other member for him/her; and

ii) If the motion is not moved, it will be treated as withdrawn and may not be moved without fresh notice.

iii) Any motion under this Rule of Procedure, on being moved and seconded, will, without discussion, be referred to the appropriate committee, sub-committee or panel for consideration and report.

13. Motions Without Notice The following motions may be moved without notice:

(a) to appoint a Chair of the meeting at which the motion is moved;

(b) in relation to the accuracy of the minutes;

(c) to change the order of business in the agenda;

(d) to refer something to an appropriate body or individual;


4A.9

(e) to appoint a committee arising from an item on the summons for the meeting;

(f) to receive reports or adoption of recommendations of committees or officers and any resolutions following from them;

(g) to withdraw a motion;

(h) to amend a motion;

(i) to proceed to the next business;

(j) that the question be now put;

(k) to adjourn a debate;

(l) to adjourn a meeting;

(m) (that the meeting continue beyond (n) hours in duration – if Rule 9 option 2 is used;)

(n) to suspend a particular council procedure rule;

(o) to exclude the public and press in accordance with the Access to Information Rules;

(p) to not hear further a member named under Rule 21.3 or to exclude them from the meeting under Rule 21.4;

(q) to give the consent of the Council where its consent is required by this Constitution; and

(r) To refer the matter under discussion back to the original committee, sub-committee, panel or forum.

14. Rules of Debate 14.1 No speeches until motion seconded

No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.

14.2 Right to require motion in writing Unless notice of the motion has already been given, the Chair may require it to be written down and handed to him/her before it is discussed.

14.3 Seconder’s speech When seconding a motion or amendment, a member may reserve their speech until later in the debate.

14.4 Content and length of speeches Speeches must be directed to the question under discussion or to a personal explanation or point of order. No speech may exceed five minutes without the consent of the Chair.

14.5 When a Member may speak again A member who has spoken on a motion may not speak again whilst it is the subject of debate, except:

(a) to speak once on an amendment moved by another member;

(b) to move a further amendment if the motion has been amended since he/she last spoke;


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(c) if his/her first speech was on an amendment moved by another member, to speak on the main issue (whether or not the amendment on which he/she spoke was carried);

(d) in exercise of a right of reply;

(e) on a point of order; and

(f) by way of personal explanation.

14.6 Amendments to motions (a) an amendment to a motion must be relevant to the motion and will either

be:

(i) to refer the matter to an appropriate body or individual for consideration or reconsideration;

(ii) to leave out words;

(iii) to leave out words and insert or add others; or

(iv) to insert or add words.

As long as the effect of (ii) to (iv) is not to negate the motion.

(b) Only one amendment may be moved and discussed at any one time. No further amendment may be moved until the amendment under discussion has been disposed of.

(c) If an amendment is not carried, other amendments to the original motion may be moved.

(d) If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved.

(e) After an amendment has been carried, the Chair will read out the amended motion before accepting any further amendments, or if there are none, put it to the vote.

14.7 Alteration of motion (a) A member may alter a motion of which he/she has given notice with the

consent of the meeting. The meeting’s consent will be signified without discussion.

(b) A member may alter a motion which he/she has moved without notice with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion.

(c) Only alterations, which could be made as an amendment, may be made.

14.8 Withdrawal of motion A member may withdraw a motion which he/she has moved with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. No member may speak on the motion after the mover has asked permission to withdraw it unless permission is refused.

14.9 Right of reply (a) The mover of a motion has a right to reply at the end of the debate on the

motion, immediately before it is put to the vote.


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(b) If an amendment is moved, the mover of the original motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it.

(c) The mover of the amendment has no right of reply to the debate on his or her amendment.

14.10 Motions which may be moved during debate When a motion is under debate, no other motion may be moved except the following procedural motions:

(a) to withdraw a motion;

(b) to amend a motion;

(c) to proceed to the next business;

(d) that the question be now put;

(e) to adjourn a debate;

(f) to adjourn a meeting;

(g) that the meeting continue beyond 3 hours in duration;

(h) to exclude the public and press in accordance with the Access to Information Rules;

(i) to not hear further a member named under Rule 21.3 or to exclude them from the meeting under 21.4.

14.11 Closure motions (a) A member may move, without comment, the following motions at the end

of a speech of another member:


(ii) that the question be now put;

(iii) to adjourn a debate; or

(v) to adjourn a meeting.

(b) If a motion to proceed to next business is seconded and the Chair thinks the item has been sufficiently discussed, he or she will give the mover of the original motion a right of reply and then put the procedural motion to the vote.

(c) If a motion that the question be now put is seconded and the Chair thinks the item has been sufficiently discussed, he/she will put the procedural motion to the vote. If it is passed he/she will give the mover of the original motion a right of reply before putting his/her motion to the vote.

(d) If a motion to adjourn the debate or to adjourn the meeting is seconded and the Chair thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, he/she will put the procedural motion to the vote without giving the mover of the original motion the right of reply.

14.12 Point of order A member may raise a point of order at any time. The Chair will hear them immediately. A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law. The member must indicate the rule or


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law and the way in which he/she considers it has been broken. The ruling of the Chair on the matter will be final.

14.13 Personal explanation A member may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood in the present debate. The ruling of the Chair on the admissibility of a personal explanation will be final.

15. The Corby Borough Debate 15.1 Calling of debate

The Democracy & Governance Panel (acting on behalf of the Council) will call a Corby Borough debate annually on a date and in a form to be agreed with the Leader of the Council and the Chief Executive.

15.2 Form of debate The Democracy & Governance Panel will decide the form of the debate with the aim of enabling the widest possible public involvement and publicity. This may include holding workshops and other events prior to or during the Corby Borough debate.

15.3 Chairing of debate The debate will be chaired by either the Leader of the Council (or appointed deputy) or the Chief Executive (or appointed deputy).

15.4 Results of debate The results of the debate will be:

(i) disseminated as widely as possible within the community and to agencies and organisations in the area; and

(ii) considered by the Leader of the Council proposing the budget and policy framework to the Council for the coming year.

16. Previous Decisions and Motions 16.1 Motion to rescind a previous decision

A motion or amendment to rescind a decision made at a meeting of Council within the past six months cannot be moved unless the notice of motion is signed by at least nine members.

16.2 Motion similar to one previously rejected A motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of motion or amendment is signed by at least nine members. Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months.

17. Voting 17.1 Majority

Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those members voting and present in the room at the time the question was put.


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17.2 Chair’s Casting vote If there are equal numbers of votes for and against, the Chair will have a second or casting vote. There will be no restriction on how the Chair chooses to exercise a casting vote.

17.3 Show of hands Unless a ballot or recorded vote is demanded under Rules 17.4 and 17.5, the Chair will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.

17.4 Ballots The vote will take place by ballot if nine members present at the meeting demand it. The Chair will announce the numerical result of the ballot immediately the result is known.

17.5 Recorded vote If five members present at the meeting demand it, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. A demand for a recorded vote will override a demand for a ballot.

17.6 Right to require individual vote to be recorded This is a mandatory standing order under the Local Authorities (Standing Orders) Regulations 1993.

Where any member requests it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.

17.7 Voting on appointments If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.

18. Minutes 18.1 Signing the minutes

The Chair will sign the minutes of the proceedings at the next suitable meeting. The Chair will move that the minutes of the previous meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.

18.2 No requirement to sign minutes of previous meeting at extraordinary meeting This is a mandatory standing order under the Local Authorities (Standing Orders) Regulations 1993.

Where in relation to any meeting, the next meeting for the purpose of signing the minutes is a meeting called under paragraph 3 of schedule 12 to the Local Government Act 1972 (an Extraordinary Meeting), then the next following meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of schedule 12 relating to signing of minutes.


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18.3 Form of minutes Minutes will contain all motions and amendments in the exact form and order the Chair put them.

19. Record of Attendance All members present during the whole or part of a meeting should sign their names on the attendance sheets before the conclusion of every meeting to assist with the record of attendance.

20. Exclusion of Public Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 22 (Disturbance by Public).

21. Members’ Conduct 21.1 Standing to speak

When a member speaks at full Council they must stand and address the meeting through the Chair. If more than one member stands, the Chair will ask one to speak and the others must sit. Other members must remain seated whilst a member is speaking unless they wish to make a point of order or a point of personal explanation.

21.2 Chair Standing When the Chair stands during a debate, any member speaking at the time must stop and sit down. The meeting will be silent.

21.3 Member not to be heard further If a member persistently disregards the ruling of the Chair by behaving improperly or offensively or deliberately obstructs business, the Chair may move that the member be not heard further. If seconded, the motion will be voted on without discussion.

21.4 Member to leave the meeting If the Member continues to behave improperly after such a motion is carried, the Chair may move that either the member leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.

21.5 General Disturbance If there is a general disturbance making orderly business impossible, the Chair may adjourn the meeting for as long as he/she thinks necessary.

21.6 Code of Conduct Members should note their responsibilities under the local Code of Conduct when participating in meetings of Full Council, committees, overview and scrutiny panels, forums or any other official meeting.

22 Disturbance by the Public 22.1 Removal of member of the public

If a member of the public interrupts proceedings, the Chair will warn the person concerned. If they continue to interrupt, the Chair will order their removal from the meeting room.


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22.2 Clearance of part of meeting room If there is a general disturbance in any part of the meeting room open to the public, the Chair may call for that part to be cleared.

23 Petitions 23.1 Petitions containing not less than 50 signatures may be presented at

meetings of the Council provided seven clear days’ notice has been given by the Proper Officer before the meeting. The Council will, without debate, refer any petition to the appropriate committee or panel for consideration.

23.2 If the petitioners so wish, a petition may be presented to the Chair of the appropriate committee or panel or the relevant officer for consideration by the appropriate committee or panel, provided seven clear days notice in writing has been given to the Proper Officer before the committee or panel meeting.

23.3 When the appropriate committee or panel considers a petition, a representative of the petitioners may speak at the committee or panel meeting for not more than five minutes.

23.4 A register of all petitions received setting out the meeting at which a petition has been considered shall be kept by the Proper Officer and open to inspection by members.

24 Use of Mobile Phones and Recording Equipment 24.1 Unless the consent of the meeting has been given the use of mobile phones

and/or any form of recording or transmitting equipment is not permitted at any meeting of the Council or of its committees, sub-committees, panels or forums.

25 Suspension and amendment of Council procedure rules 25.1 Suspension

All of these Council Rules of Procedure except Rule 17.6 and 18.2 may be suspended by motion on notice or without notice if at least one half of the whole number of members of the Council are present. Suspension can only be for the duration of the meeting.

25.2 Amendment Any motion to add to, vary or revoke these Council Rules of Procedure will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.

26 Application to Committees and Sub Committees All of the Council Rules of Procedure apply to meetings of full Council. Only rules 5-9, 11-14, 16-18, 20-24 (but not Rule 21.1) apply to meetings of committees, sub-committees, forums and panels.


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PART FOUR – 4A COUNCIL PROCEDURE RULES


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RULES OF PROCEDURE CONTENTS 1. Annual meeting of the Council

2. Ordinary meetings

3. Extraordinary meetings

4. Appointment of substitute members of committees and sub committees

5. Time and place of meetings

6. Notice of and summons to meetings

7. Chair of meeting

8. Quorum

9. Duration of meeting

10. Questions by the public

11. Questions by Members

12. Motions on notice

13. Motions without notice

14. Rules of debate

15. State of Corby Borough debate

16. Previous decisions and motions

17. Voting

18. Minutes

19. Record of attendance

20. Exclusion of public

21. Members’ conduct

22. Disturbance by public

23. Suspension and amendment of Council Procedure Notes

24. Application to committees and sub committees

For the purposes of this section, the Chief Executive is the designated “Proper Officer”. In their absence the Deputy Chief Executive will be the designated “Proper Officer”. Some of the duties designated in this section may be delegated by the “Proper Officer” to other officers. The Committee & Electoral Services Manager may act on behalf of the “Proper Officer” in their absence. At meetings of committees, sub-committees, panels & forums, the duly appointed minute clerk shall normally be the representative of the “Proper Officer”, and shall undertake such responsibilities & duties as designated in this section.


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1. Annual Meetings of the Council 1.1 Timing and Business In a year when there is an ordinary election of Elected Members, the annual meeting will take place within 21 days of the retirement of the outgoing Elected Members. In any other year, the annual meeting will take place in March, April or May.

The annual meeting will:-

i) elect a person to preside if the Mayor and the Deputy Mayor of the Council is not present;

ii) elect the Mayor of the Council;

iii) elect the Deputy Mayor of the Council;


ii) receive any announcements from the Mayor and/or Head of the Paid Service;

iii) elect the Leader of the Council & the Deputy Leader of the Council;

iv) note the appointment of leader and deputy-leader of recognised political groups represented within the Council;

v) appoint at least one overview and scrutiny panel, a local Standards Committee and such other Committees as the Council considers appropriate;

vi) agree the Scheme of Delegation;

vii) approve a programme of ordinary meetings of the Council for the year (if not already agreed by Council); and

viii) consider any business set out in the notice convening the meeting.

1.2 Selection of Elected Members on Committees and Outside Bodies At the annual meeting, the Council meeting will:

i) decide which committees to establish for the municipal year;

ii) decide the size and terms of reference for those committees;

iii) decide the allocation of seats (and substitutes) to political groups in accordance with the political balance rules;

iv) receive nominations of Elected Members to serve on each committee and outside body; and

v) appoint to those committees and outside bodies except where appointment to those bodies has been delegated by the Council.

2. Ordinary Meetings Ordinary meetings of the Council will take place in accordance with a programme decided at the Council’s annual meeting. Ordinary meetings will:-

a) elect a person to preside if the Mayor and the Deputy Mayor are not present;


ii) receive any declarations of interest from Members;

iii) receive any announcements from the Mayor, Leader or Head of Paid Service;


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iv) receive questions from and provide answers to, the public in relation to matters which in the opinion of the person presiding at the meeting are relevant to the business of the meeting;

v) deal with any business from the last Council meeting;

vi) receive reports in the form of draft minutes from the Council’s committees and receive questions and answers on any of those reports;

vii) receive reports about and receive questions and answers on the business of joint arrangements and external organisations;

viii) to receive any petitions in accordance with the Rules of Procedure;

ix) consider motions; and

x) consider any other business specified in the summons to the meeting, including consideration of the proposals from the policy committees in relation to the Council’s budget and policy framework and reports of the overview and scrutiny panels for debate.

3. Extraordinary meetings 3.1 Calling extraordinary meetings

Those listed below may request the Proper Officer of the Council to call Council meetings in addition to ordinary meetings:-

i) the Council by resolution;

ii) the Mayor of the Council;

iii) the Monitoring Officer; and

iv) any five members of the Council if they have signed a requisition presented to the Mayor of the Council and he/she has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition.

3.2 Business i) The requisition or resolution should clearly state the specific topic to

be discussed, and give a clear reason why this topic cannot be submitted to the next ordinary meeting of the Council. A copy of the resolution or requisition will be kept on file by the Proper Officer.

4. Appointment of Substitute Members of Committees and Sub

Committees 4.1 Allocation

As well as allocating seats on Committees and Sub Committees, the Council will allocate seats in the same manner for substitute members.

4.2 Number For each Committee or Sub Committee, the Council will appoint the a number of substitutes in respect of each political group as that group holds ordinary seats on that committee or sub committee up to a maximum of 4.

4.3 Powers and Duties Substitute Members will have all the powers and duties of any ordinary member of the committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting.


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4.4 Substitution Substitute members may attend meetings in that capacity only:

i) to take the place of the ordinary member for whom they are the designated substitute;

ii) where the ordinary member will be absent for the whole of the meeting; and

iii) after notifying the Proper Officer at the start of the meeting of the intended substitution. The substitution should clearly be recorded in the minutes of the meeting.

5. Time and Place of Meetings The time and place of meetings will be determined by the Proper Officer and notified in the summons.

6. Notice of and Summons to Meetings The Proper Officer will give notice to the public of the time and place of any meeting in accordance with the Access to Information rules. At least seven clear days before a meeting the Proper Officer will send a summons signed by him or her by post or electronic mail to every Member of the Council or leave it at their usual place of residence. The summons will give the date, time and place of each meeting and specify the business to be transacted and will be accompanied by such reports as are available. For meetings of committees, sub-committees, panels or forums the summons shall be delivered at least five clear days before a meeting.

7. Chair of Meeting The person presiding at the meeting may exercise any power or duty of the Mayor. Where these rules apply to committee, sub committee meetings, panels and forums, references to the Mayor also include the Chair of Committees, Sub-committees, panels & forums.

8. Quorum The quorum of a meeting will be one quarter of the whole number of Members. During any meeting if the Mayor counts the number of members present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the Mayor. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.

The quorum for meetings of committees, sub-committees, panels & forum shall be one quarter of the whole number of Members present. However, in no case shall the quorum be less than three.

9. Duration of Meeting 9.1 Close of the meeting

Unless the majority of members present vote for the meeting to continue, any meeting that has lasted 3 hours will adjourn immediately. Remaining business will be considered at a time and date fixed by the Chair. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.


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10. Questions by the public 10.1 General

Members of the public may ask questions of Members at ordinary meetings of the Council.

10.2 Order of questions Questions will be asked in the order notice of them was received, except that the Chair may group together similar questions.

10.3 Notice of questions A question may only be asked if notice has been given by delivering it in writing or by electronic mail to the Proper Officer no later than midday 3 working days before the day of the meeting. Each question must give the name and address of the questioner and must name the member of the Council to whom it is to be put.

10.4 Number of questions At any one meeting no person may submit more than one question and no more than one such question may be asked on behalf of one organisation.

10.5 Scope of questions The Proper Officer may reject a question if it:

• Is not about a matter for which the local authority has a responsibility or which affects the borough;

• Is defamatory, frivolous or offensive;

• Is substantially the same as a question which has been put at a meeting of the Council in the past six months; or

• Requires the disclosure of confidential or exempt information.

10.6 Record of questions The Proper Officer will enter each question in a book open to public inspection (including via the Council’s Website) and will immediately send a copy of the question to the Member to whom it is to be put. Rejected questions will include reasons for rejection.

Copies of all questions will be circulated to all members and will be made available to the public attending the meeting.

10.7 Asking the question at the meeting The Chair will invite the questioner to put the question to the Member named in the notice. If a questioner who has submitted a written question is unable to be present, they may ask the Chair to put the question on their behalf. The Chair may ask the question on the questioner’s behalf, indicate that a written reply will be given or decide, in the absence of the questioner, that the question will not be dealt with.

10.8 Supplemental question A questioner who has put a question in person may also put one supplementary question without notice to the member who has replied to his or her original question. A supplementary question must arise directly out of


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the original question or the reply. The Chair may reject a supplementary question on any of the grounds in Rule 10.5 above.

10.9 Time Limit on each Questioner Each questioner will have a maximum of five minutes in which to ask his or her question, receive a response, ask a supplementary question and receive a response. Once a period of five minutes has elapsed from the time the original question was put, the Mayor will move immediately to next business.

10.10 Written answers Any question, which cannot be dealt with during public question time, either because of lack of time or because of the non-attendance of the member to whom it was to be put, will be dealt with by written answer within 10 working days of the meeting being held.

10.11 Reference of question to a committee Unless the Chair decides otherwise, no discussion will take place on any question, but any member may move that a matter raised by a question be referred to the appropriate committee or sub-committee. Once seconded, such a motion will be voted on without discussion.

11. Questions by Members 11.1 On reports of committees

A member of the Council may ask the Chair of a committee or panel any question without notice upon an item of the report of a committee or panel when that item is being received or under consideration by the Council.

11.2 Questions on notice at Full Council Subject to Rule 11.4, a member of the Council may ask:

• The Chair

• The Leader of the Council; or

• The Chair of any committee, panel or sub-committee

A question on any matter in relation to which the Council has powers or duties or which affects Corby Borough.

11.3 Questions on notice at committees and sub committees Subject to Rule 11.4, a member of a committee or sub-committee may ask the Chair of it a question on any matter in relation to which the Council has powers or duties or which affect Corby Borough and which falls within the terms of reference of that committee, panel or sub-committee.

11.4 Notice of questions A member may only ask a question under Rule 11.2 or 11.3 if either:

(a) they have given at least 3 working days notice in writing or by electronic mail of the question to the Proper Officer; or

(b) the question relates to urgent matters, they have the consent of the Chair to whom the question is to be put and the content of the question is given to the Proper Officer by noon on the day of the meeting.


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11.5 Response An answer may take the form of:

(a) a direct oral answer;

(b) where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c) where the reply cannot conveniently be given orally, a written answer circulated later to the questioner, and all members of the relevant meeting.

11.6 Supplementary question A member asking a question under Rule 11.2 or 11.3 may ask one supplementary question without notice of the member to whom the first question was asked. The supplemental question must arise directly out of the original question or reply.

12. Motions on Notice 12.1 Notice

Except for motions which can be moved without notice under Rule 13, written notice of every motion, signed by a member, must be delivered to the Proper Officer not later than 10 working days before the date of the meeting. These will be entered in a book and entered on the Council’s Website open to public inspection.

12.2 Motion set out in Agenda Motions for which notice has been given will be listed on the agenda in the order in which notice was received, unless the member giving notice states, in writing, that they propose to move it to a later meeting or withdraw it.

12.3 Scope Motions must be about matters for which the Council has a responsibility or which affect Corby Borough.

12.4 Procedure A member may withdraw a motion at any time.

i) A motion may be moved by the member(s) who gave the original notice or by some other member for him/her; and

ii) If the motion is not moved, it will be treated as withdrawn and may not be moved without fresh notice.

iii) Any motion under this Rule of Procedure, on being moved and seconded, will, without discussion, be referred to the appropriate committee, sub-committee or panel for consideration and report.

13. Motions Without Notice The following motions may be moved without notice:

(a) to appoint a Chair of the meeting at which the motion is moved;

(b) in relation to the accuracy of the minutes;

(c) to change the order of business in the agenda;

(d) to refer something to an appropriate body or individual;


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(e) to appoint a committee arising from an item on the summons for the meeting;

(f) to receive reports or adoption of recommendations of committees or officers and any resolutions following from them;

(g) to withdraw a motion;

(h) to amend a motion;


(j) that the question be now put;

(k) to adjourn a debate;

(l) to adjourn a meeting;

(m) (that the meeting continue beyond (n) hours in duration – if Rule 9 option 2 is used;)

(n) to suspend a particular council procedure rule;

(o) to exclude the public and press in accordance with the Access to Information Rules;

(p) to not hear further a member named under Rule 21.3 or to exclude them from the meeting under Rule 21.4;

(q) to give the consent of the Council where its consent is required by this Constitution; and

(r) To refer the matter under discussion back to the original committee, sub-committee, panel or forum.

14. Rules of Debate 14.1 No speeches until motion seconded

No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.

14.2 Right to require motion in writing Unless notice of the motion has already been given, the Chair may require it to be written down and handed to him/her before it is discussed.

14.3 Seconder’s speech When seconding a motion or amendment, a member may reserve their speech until later in the debate.

14.4 Content and length of speeches Speeches must be directed to the question under discussion or to a personal explanation or point of order. No speech may exceed five minutes without the consent of the Chair.

14.5 When a Member may speak again A member who has spoken on a motion may not speak again whilst it is the subject of debate, except:

(a) to speak once on an amendment moved by another member;

(b) to move a further amendment if the motion has been amended since he/she last spoke;


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(c) if his/her first speech was on an amendment moved by another member, to speak on the main issue (whether or not the amendment on which he/she spoke was carried);

(d) in exercise of a right of reply;

(e) on a point of order; and

(f) by way of personal explanation.

14.6 Amendments to motions (a) an amendment to a motion must be relevant to the motion and will either

be:

(i) to refer the matter to an appropriate body or individual for consideration or reconsideration;

(ii) to leave out words;

(iii) to leave out words and insert or add others; or

(iv) to insert or add words.

As long as the effect of (ii) to (iv) is not to negate the motion.

(b) Only one amendment may be moved and discussed at any one time. No further amendment may be moved until the amendment under discussion has been disposed of.

(c) If an amendment is not carried, other amendments to the original motion may be moved.

(d) If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved.

(e) After an amendment has been carried, the Chair will read out the amended motion before accepting any further amendments, or if there are none, put it to the vote.

14.7 Alteration of motion (a) A member may alter a motion of which he/she has given notice with the

consent of the meeting. The meeting’s consent will be signified without discussion.

(b) A member may alter a motion which he/she has moved without notice with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion.

(c) Only alterations, which could be made as an amendment, may be made.

14.8 Withdrawal of motion A member may withdraw a motion which he/she has moved with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. No member may speak on the motion after the mover has asked permission to withdraw it unless permission is refused.

14.9 Right of reply (a) The mover of a motion has a right to reply at the end of the debate on the

motion, immediately before it is put to the vote.


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(b) If an amendment is moved, the mover of the original motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it.

(c) The mover of the amendment has no right of reply to the debate on his or her amendment.

14.10 Motions which may be moved during debate When a motion is under debate, no other motion may be moved except the following procedural motions:

(a) to withdraw a motion;

(b) to amend a motion;

(c) to proceed to the next business;

(d) that the question be now put;

(e) to adjourn a debate;

(f) to adjourn a meeting;

(g) that the meeting continue beyond 3 hours in duration;

(h) to exclude the public and press in accordance with the Access to Information Rules;

(i) to not hear further a member named under Rule 21.3 or to exclude them from the meeting under 21.4.

14.11 Closure motions (a) A member may move, without comment, the following motions at the end

of a speech of another member:


(ii) that the question be now put;

(iii) to adjourn a debate; or

(v) to adjourn a meeting.

(b) If a motion to proceed to next business is seconded and the Chair thinks the item has been sufficiently discussed, he or she will give the mover of the original motion a right of reply and then put the procedural motion to the vote.

(c) If a motion that the question be now put is seconded and the Chair thinks the item has been sufficiently discussed, he/she will put the procedural motion to the vote. If it is passed he/she will give the mover of the original motion a right of reply before putting his/her motion to the vote.

(d) If a motion to adjourn the debate or to adjourn the meeting is seconded and the Chair thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, he/she will put the procedural motion to the vote without giving the mover of the original motion the right of reply.

14.12 Point of order A member may raise a point of order at any time. The Chair will hear them immediately. A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law. The member must indicate the rule or


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law and the way in which he/she considers it has been broken. The ruling of the Chair on the matter will be final.

14.13 Personal explanation A member may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood in the present debate. The ruling of the Chair on the admissibility of a personal explanation will be final.

15. The Corby Borough Debate 15.1 Calling of debate

The Democracy & Governance Panel (acting on behalf of the Council) will call a Corby Borough debate annually on a date and in a form to be agreed with the Leader of the Council and the Chief Executive.

15.2 Form of debate The Democracy & Governance Panel will decide the form of the debate with the aim of enabling the widest possible public involvement and publicity. This may include holding workshops and other events prior to or during the Corby Borough debate.

15.3 Chairing of debate The debate will be chaired by either the Leader of the Council (or appointed deputy) or the Chief Executive (or appointed deputy).

15.4 Results of debate The results of the debate will be:

(i) disseminated as widely as possible within the community and to agencies and organisations in the area; and

(ii) considered by the Leader of the Council proposing the budget and policy framework to the Council for the coming year.

16. Previous Decisions and Motions 16.1 Motion to rescind a previous decision

A motion or amendment to rescind a decision made at a meeting of Council within the past six months cannot be moved unless the notice of motion is signed by at least nine members.

16.2 Motion similar to one previously rejected A motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of motion or amendment is signed by at least nine members. Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months.

17. Voting 17.1 Majority

Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those members voting and present in the room at the time the question was put.


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17.2 Chair’s Casting vote If there are equal numbers of votes for and against, the Chair will have a second or casting vote. There will be no restriction on how the Chair chooses to exercise a casting vote.

17.3 Show of hands Unless a ballot or recorded vote is demanded under Rules 17.4 and 17.5, the Chair will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.

17.4 Ballots The vote will take place by ballot if nine members present at the meeting demand it. The Chair will announce the numerical result of the ballot immediately the result is known.

17.5 Recorded vote If five members present at the meeting demand it, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. A demand for a recorded vote will override a demand for a ballot.

17.6 Right to require individual vote to be recorded This is a mandatory standing order under the Local Authorities (Standing Orders) Regulations 1993.

Where any member requests it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.

17.7 Voting on appointments If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.

18. Minutes 18.1 Signing the minutes

The Chair will sign the minutes of the proceedings at the next suitable meeting. The Chair will move that the minutes of the previous meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.

18.2 No requirement to sign minutes of previous meeting at extraordinary meeting This is a mandatory standing order under the Local Authorities (Standing Orders) Regulations 1993.

Where in relation to any meeting, the next meeting for the purpose of signing the minutes is a meeting called under paragraph 3 of schedule 12 to the Local Government Act 1972 (an Extraordinary Meeting), then the next following meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of schedule 12 relating to signing of minutes.


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18.3 Form of minutes Minutes will contain all motions and amendments in the exact form and order the Chair put them.

19. Record of Attendance All members present during the whole or part of a meeting should sign their names on the attendance sheets before the conclusion of every meeting to assist with the record of attendance.

20. Exclusion of Public Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 22 (Disturbance by Public).

21. Members’ Conduct 21.1 Standing to speak

When a member speaks at full Council they must stand and address the meeting through the Chair. If more than one member stands, the Chair will ask one to speak and the others must sit. Other members must remain seated whilst a member is speaking unless they wish to make a point of order or a point of personal explanation.

21.2 Chair Standing When the Chair stands during a debate, any member speaking at the time must stop and sit down. The meeting will be silent.

21.3 Member not to be heard further If a member persistently disregards the ruling of the Chair by behaving improperly or offensively or deliberately obstructs business, the Chair may move that the member be not heard further. If seconded, the motion will be voted on without discussion.

21.4 Member to leave the meeting If the Member continues to behave improperly after such a motion is carried, the Chair may move that either the member leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.

21.5 General Disturbance If there is a general disturbance making orderly business impossible, the Chair may adjourn the meeting for as long as he/she thinks necessary.

21.6 Code of Conduct Members should note their responsibilities under the local Code of Conduct when participating in meetings of Full Council, committees, overview and scrutiny panels, forums or any other official meeting.

22 Disturbance by the Public 22.1 Removal of member of the public

If a member of the public interrupts proceedings, the Chair will warn the person concerned. If they continue to interrupt, the Chair will order their removal from the meeting room.


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22.2 Clearance of part of meeting room If there is a general disturbance in any part of the meeting room open to the public, the Chair may call for that part to be cleared.

23 Petitions 23.1 Petitions containing not less than 50 signatures may be presented at

meetings of the Council provided seven clear days’ notice has been given by the Proper Officer before the meeting. The Council will, without debate, refer any petition to the appropriate committee or panel for consideration.

23.2 If the petitioners so wish, a petition may be presented to the Chair of the appropriate committee or panel or the relevant officer for consideration by the appropriate committee or panel, provided seven clear days notice in writing has been given to the Proper Officer before the committee or panel meeting.

23.3 When the appropriate committee or panel considers a petition, a representative of the petitioners may speak at the committee or panel meeting for not more than five minutes.

23.4 A register of all petitions received setting out the meeting at which a petition has been considered shall be kept by the Proper Officer and open to inspection by members.

24 Use of Mobile Phones and Recording Equipment 24.1 Unless the consent of the meeting has been given the use of mobile phones

and/or any form of recording or transmitting equipment is not permitted at any meeting of the Council or of its committees, sub-committees, panels or forums.

25 Suspension and amendment of Council procedure rules 25.1 Suspension

All of these Council Rules of Procedure except Rule 17.6 and 18.2 may be suspended by motion on notice or without notice if at least one half of the whole number of members of the Council are present. Suspension can only be for the duration of the meeting.

25.2 Amendment Any motion to add to, vary or revoke these Council Rules of Procedure will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.

26 Application to Committees and Sub Committees All of the Council Rules of Procedure apply to meetings of full Council. Only rules 5-9, 11-14, 16-18, 20-24 (but not Rule 21.1) apply to meetings of committees, sub-committees, forums and panels.

Part Four – Rules of Procedure (Access to Information Procedures Rules)

4B.1

PART FOUR – 4B ACCESS TO INFORMATION PROCEDURE RULES


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ACCESS TO INFORMATION PROCEDURE RULES The access to information rules which apply to Council meetings and committees of Council are set out in sections 100A-H and schedule 12A of the Local Government Act 1972. These rules were amended by the Local Government (Access to Information)(Variation) Order 2006 and the Relevant Authorities (Standards Committee)(Amendment) Regulations 2006.

In applying access to information rules, councils should take account of the presumption of openness principle of decision making.

1. SCOPE These rules apply to all meetings of the Council, overview and scrutiny panels, area committees or forums, policy and other committees and the Standards Committee (together called meetings).

2. ADDITIONAL RIGHTS TO INFORMATION These rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law.

3. RIGHTS TO ATTEND MEETINGS Members of the press and public may attend all meetings subject only to the exceptions in these rules.

4. NOTICES OF MEETING The council will give at least five clear days notice of any meeting by posting details of the meeting at the main civic offices of the Council and by issuing notice on the Council’s Website.

5. ACCESS TO AGENDA AND REPORTS BEFORE MEETING The Council will make copies of the agenda and reports open to the public and press available for inspection at the main civic offices at least three clear days before the meeting and will update the Council’s Website accordingly. If an item is added to the agenda later, the revised agenda (where reports are prepared after the summons has been sent out, the designated officer shall make each such report available to the public as soon as the report is completed and sent to Elected Members) will be open to inspection for the time the item was added to the agenda.

6. SUPPLY OF COPIES The Council will supply copies of:

(a) any agenda and reports which are open to public inspection;

(b) any further statements or particulars necessary to indicate the nature of the items in the agenda; and

(c) if the Proper Officer thinks fit, copies of any other documents supplied to Elected Members in connection with an item

to any person on payment of a charge for postage and any other reasonable costs.


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7. ACCESS TO MINUTES ETC AFTER THE MEETING The Council will make available copies of the following for six years after a meeting:

(a) the minutes of the meeting excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information;

(b) a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record;

(c) the agenda for the meeting; and

(d) reports relating to items when the meeting was open to the public.

8. BACKGROUND PAPERS 8.1 List of background papers

The Proper Officer will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in his/her opinion:

(a) disclose any facts or matters on which the report or an important part of the report is based; and

(b) which have been relied on to a material extent in preparing the report

but does not include published works or those which disclose exempt or confidential information (as defined in Rule 10).

8.2 Public inspection of background papers The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

9. SUMMARY OF PUBLIC’S RIGHTS A written summary of the public’s rights to attend meetings and to inspect and copy documents must be kept at and available to the public at the main civic offices of the Council and detailed on the Council’s Website.

10. EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS 10.1 Confidential information – requirement to exclude public

The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed.

10.2 Exempt information – discretion to exclude public The public may be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed.

Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.


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10.3 Meaning of confidential information Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or information which cannot be publicly disclosed by Court Order.

10.4 Meaning of exempt information Exempt information means information falling within the following categories (subject to any condition):

Para. Category

1. Information relating to any individual.

2. Information which is likely to reveal the identity of an individual.

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

5. Information in respect of which a claim to legal professional privelege could be maintained in legal proceedings.

6. Information which reveals that the authority proposes – (a) to give under any enactment a notice under or by virtue of which

requirements are imposed on a person; or (b) to make an order or direction under any enactment.

7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Information falling within any of paragraphs 1-7 is not exempt by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992.

The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 introduced four new categories of “exempt” information, applicable only in the event of local hearings being held upon referral of allegations of potential breaches of the Member Code of Conduct by the Standards Board for England. These categories are:

a) information relating to the personal circumstances of any person (para.16);

b) information which is subject to any obligation of confidentiality (para 17);

c) information which relates in any way to matters concerning national security (para 18); and

d) the deliberations of a standards committee or of a sub-committee of a standards committee relating to hearings (para 19).

11. EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS If the Proper Officer thinks fit, the Council may exclude access by the public to reports which in his or her opinion relate to items during which, in accordance with Rule 10, the meeting is likely not to be open to the public. Such reports will


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be marked “Not for publication” together with the category of information likely to be disclosed.

The Proper Officer may reverse any such ruling at a later date if the reasons for the original exclusion to access no longer apply.

Part Four – Rules of Procedure (Budget and Policy Framework Procedure Rules)

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PART FOUR – 4C BUDGET AND POLICY FRAMEWORK PROCEDURE RULES

Part Four – Rules of Procedure (Budget and Policy Framework Procedure Rules)

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BUDGET AND POLICY FRAMEWORK PROCEDURE RULES 1. The framework for policy committee decisions

Full Council will be responsible for the adoption of its budget and policy framework documents as set out in Article 4 of the Constitution. Once a budget or a policy framework document is in place, it will be the responsibility of the relevant committee(s) and/or officer(s) to implement it.

2. Process for developing the framework

(a) Policy Framework documents may only be approved by Full Council, however, it is expected that draft documents are submitted to committee and/or overview & scrutiny panel for consideration and comment prior to submission to Full Council

(b) Dependant upon the nature of the Policy Framework document under consideration it is expected that appropriate internal & external consultation be conducted on any draft document, and that the results/feedback from this consultation be taken into consideration by Members prior to them approving any final document.

(c) Mechanisms will be established by the Council to monitor and review the efficiency & effectiveness of individual Policy Framework documents. There is no prescriptive mechanism, however, the results of monitoring and review should be available to Members and the public on request.

(d) The Council will seek to engage internal & external stakeholders through a variety of means in formulating draft Policy Framework documents. Whilst no prescriptive mechanism is laid down, the Council should ensure that all sections of the public and stakeholders are encouraged to participate and forward suggestions/comments. The Council will be encouraged to use a variety of means in which to engage consultees.

Part Four – Rules of Procedure (Overview and Scrutiny Procedure Rules)

4D.1

PART FOUR – 4D OVERVIEW & SCRUTINY PROCEDURE RULES


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OVERVIEW AND SCRUTINY PROCEDURE RULES 1. What will be the number and arrangements for overview and scrutiny

panels? The Council will have the overview and scrutiny panels set out in Article 6 and will appoint to them as it considers appropriate from time to time. Such panels may appoint time-limited working groups/parties.

(a) The Council will have an overview and scrutiny panel, which will perform all overview and scrutiny functions on behalf of the Council. Membership will consist of members of the Council and non-voting co-optees, as indicated in the schedule at the end of this section.

(b) The Terms of reference of the overview and scrutiny panel will include:

i) the performance of all overview and scrutiny functions on behalf of the Council;

ii) the appointment of such working groups as it considers appropriate to fulfil those overview and scrutiny functions;

iii) to receive a report from the Leader of the Council at a meeting of the overview & scrutiny panel after each annual council meeting on the Council’s priorities for the coming year;

iv) to approve an annual overview and scrutiny work programme, including the programme of any working groups it appoints so as to ensure that the panel’s and working groups time is effectively and efficiently utilised;

v) where matters fall within the remit of more than one overview and scrutiny working group, to determine which of those working groups will assume responsibility for any particular issue;

vi) to put in place a system to ensure that referrals from overview and scrutiny to the policy committee either by way of report or for reconsideration are managed efficiently and do not exceed the limits set out in this Constitution;

vii) in the event of reports to the policy committee exceeding limits in this Constitution, or if the volume of such reports creates difficulty for the management of policy committee to make decisions about the priority of referrals made.

(c) The overview and scrutiny panel may appoint working groups to assist in their work. It may discontinue any of these working groups and/or appoint alternative or additional working groups, subject to there being a maximum of 3 working groups appointed by each panel. The panel may also amend the terms of reference of the working groups as appropriate.

(d) Where a panel seeks to discontinue or appoint working groups, it may do so provided that it has consulted with interested parties, if appropriate. The extent and nature of consultation will depend on the nature of the proposed alterations. Any change will be reported to the Proper Officer and then to the next meeting of the Council by the Chair of the overview and scrutiny panel.


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2. Who may sit on overview and scrutiny panels? All Elected Members may be members of an overview and scrutiny panel. However, no member may be involved in scrutinising a decision which he/she has been directly involved.

3. Co-optees Each overview and scrutiny panel shall be entitled to recommend to Council the appointment of a number of people as non-voting co-optees as set out in the schedule at the end of this procedure rule.

4. Meetings of the overview and scrutiny panels The frequency of meetings of the overview & scrutiny panels shall be determined within the Municipal Timetable agreed by Full Council each year.

In addition, extraordinary meetings may be called from time to time as and when appropriate. An overview and scrutiny panel meeting may be requested by any 4 members of the panel by way of written request to the Proper Officer. The written request shall detail the reason the request is being made together with an explanation why the item(s) cannot await the next scheduled meeting for discussion.

The Proper Officer may also call a meeting of the panel if he/she considers it necessary or appropriate.

5. Quorum The quorum for an overview and scrutiny committee shall be as set out for committees in the Council Procedure Rules in Part 4 of this Constitution.

6. Who Chairs overview and scrutiny panel meetings? Chairs of overview and scrutiny panel will be drawn from among the Elected Members sitting on the panel, and subject to this requirement the panel may elect such a person as it considers appropriate as Chair. A panel may also appoint a Vice Chair from among the Elected Members sitting on the panel.

The Chair of the panel shall normally be elected at the first scheduled meeting of the panel each new Municipal Year and would serve as Chair until the first scheduled panel meeting of the next Municipal Year, except in a year where there are local elections their election as Chair will cease at the time of any local election. These rules also apply to the appointment of any Vice Chair.

7. Work programme & Methods of Operation The overview and scrutiny panel will be responsible for setting its own work programme and in doing so it shall take into account wishes of members on that panel who are not members of the largest political group on the Council.

Additionally, through identifying good practise, overview and scrutiny panels will develop the approved Overview and Scrutiny Toolkit as an aid to undertaking the overview and scrutiny function within the Council.


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8. Agenda items (a) Any 4 members of an overview and scrutiny panel shall be entitled to give

written notice to the Proper Officer that they wish an item relevant to the functions of the panel to be included on the agenda for the next available meeting of the panel. On receipt of such a request the Proper Officer will ensure that it is included on the next available agenda.

(b) Any 5 members of the Council who are not members of the overview and scrutiny panel may give written notice to the Proper Officer that they wish an item to be included on the agenda of (a) (that) relevant overview and scrutiny panel. If the Proper Officer receives such a notification, then he/she will include the item on the first available agenda of the relevant overview and scrutiny panel for consideration by the panel.

(c) The overview and scrutiny panel shall also respond, as soon as their work programme permits, to requests from the Council (and if it considers it appropriate the policy committee) to review particular areas of Council activity. Where they do so, the overview and scrutiny panel shall report their findings and any recommendations back to (the policy committee) and or Council. The Council and/or (the policy committee) shall consider the report of the overview and scrutiny panel at the next appropriate scheduled meeting.

9. Policy review and development (a) The role of the overview and scrutiny panel in relation to the development of

the Council’s budget and policy framework is set out in details in the Budget and Policy Framework Procedure Rules.

(b) In relation to the development of the Council’s approach to other matters not forming part of its policy and budget framework, overview and scrutiny panel may make proposals to Council or the policy committee for developments in so far as they relate to matters within their terms of reference.

(c) Overview and scrutiny panels may hold enquiries and investigate the available options for future direction in policy development and may appoint advisers and assessors to assist them in this process. They may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things that they reasonably consider necessary to inform their deliberations. They may ask witnesses to attend to address them on any matter under consideration and may pay to any advisors and witnesses a reasonable fee and expenses for doing so.

(d) Overview and scrutiny panels will have regard to both recognised best practise and the Council’s approved Overview & Scrutiny Toolkit when undertaking policy reviews and scrutiny work. The effectiveness of the Toolkit will be subject to review and be adapted as necessary to take into account statutory guidance & best practise.

10. Reports from overview and scrutiny panels (a) Once it has formed recommendations on proposals for development and

reviews, the overview and scrutiny panel will prepare a formal report and submit it to the Proper Officer for consideration by (the policy committee) (if the proposals are consistent with the existing budgetary and policy framework), or to the Council as appropriate (e.g. if the recommendation


4D.5

would require a departure from or a change to the agreed budget and policy framework).

(b) If an overview and scrutiny panel cannot agree on one single final report to the Council or (the policy committee) as appropriate, then up to one minority report may be prepared and submitted for consideration by the Council or Policy committee) with the majority report.

(c) The Council or (policy committee) shall consider the report of the overview and scrutiny panel at its next appropriate scheduled meeting after it having been submitted to the Proper Officer.

11. Making sure that overview and scrutiny reports are considered by the policy committees (a) The agenda for policy committee meetings may include an item entitled

‘Issues arising from overview and scrutiny’. The reports of overview and scrutiny panels referred to the policy committee shall be included at this point in the agenda (unless they have been considered in the context of the policy committee’s deliberations on a substantive item on the agenda) at its next appropriate scheduled meeting after the overview and scrutiny panel had completed its report/recommendations.

(b) Once an overview and scrutiny report on any matter which is the responsibility of the policy committee has been completed, it shall be included on the agenda of the next available meeting of the policy committee, unless the matter which is the subject of the report is scheduled to be considered by the policy committee when it considers that matter. If for any reason the policy committee does not consider the overview and scrutiny report within 8 weeks then the matter will be referred to Council for review, and the Proper Officer will ensure the item is placed on the agenda.

(c) Once an overview and scrutiny panel has completed it deliberations on any matter it will forward a copy of its final report to the Proper Officer who will allocate it either to the policy committee and/or Council for consideration, according to whether the contents of the report would have implications for the Council’s budget and policy framework. If the Proper Officer refers the matter to Council, he/she will also serve a copy on the Leader of the Council with notice that the matter is to be referred to Council. The policy committee will respond to the overview and scrutiny report, and the Council shall not consider it within that period. When the Council does meet to consider any referral from an overview and scrutiny panel on a matter, which would impact on the budget and policy framework, it shall also consider the response of the policy committee to the overview and scrutiny proposals.

12. Rights of overview and scrutiny panel members to documents

(a) In addition to their rights as Elected Members, members of overview and scrutiny panels have the additional right to documents, and to notice of meetings as set out in the Access to Information Procedure Rules in Part 4 of this Constitution.

(b) Nothing in this paragraph prevents more detailed liaison between the policy committee and overview and scrutiny panel as appropriate depending on the particular matter under consideration.


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13. Members and officers giving account (a) Any overview and scrutiny panel may scrutinise and review decisions made

or actions taken in connection with the discharge of any Council functions within their terms of reference. As well as reviewing documentation, in fulfilling the scrutiny role, it may require any member of the policy committee, the Chief Executive and/or any senior officer (as defined as Head of Service or above) to attend before it to explain in relation to matters within their remit:

i) any particular decision or series of decisions;

ii) the extent to which the actions taken implement Council policy; and/or

iii) their service’s performance.

And it is the duty of those persons to attend if so required having been given reasonable notice to attend.

(b) Where any member or officer is required to attend an overview and scrutiny panel under this provision, the Chair of that panel will inform the Proper Officer. The Proper Officer shall inform the member or officer in writing giving at least 5 working days notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the panel. Where the account to be given to the panel will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.

(c) Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the overview and scrutiny panel (through the Chair or Vice Chair) shall in consultation with the member or officer arrange an alternative date for attendance. A member or officer may request that another attend on their behalf or accompany them with the agreement of the Chair or Vice Chair.

14. Attendance by others An overview and scrutiny panel may invite people other than those people referred to in the paragraph above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and members and officers in other parts of the public sector and shall invite such people to attend.

15. Call-in Call-in should only be used in exceptional circumstances. The approved Overview & Scrutiny Toolkit outlines approaches to call-ins. These are where members of the appropriate overview and scrutiny panel have evidence which suggests that the policy committee did not take the decision in accordance with the principles set out in Article 12 (Decision Making).

(a) Where a decision is made by a policy committee or an area committee or under joint arrangements, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council normally within 2 working days of being made. All Elected Members will be sent copies of the records of all such decisions within the same timescale, by the person responsible for publishing the decision.


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(b) That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, on the expiry of 5 working days after the publication of the decision, unless an overview and scrutiny panel objects to it and calls it in.

(c) During that period, the Proper Officer shall call-in a decision for scrutiny by the panel if so requested in writing by the Chair of the Panel or any 4 members of the panel, and shall notify the decision-taker of the call-in. The item will be placed on the agenda of the next scheduled meeting of the panel by the Proper Officer. In exceptional circumstances, and after consultation with the Chair of the panel, a special meeting to consider the item called-in may be called.

(d) If, having considered the decision, the overview and scrutiny panel is still concerned about it, then it may refer back to the decision making body for reconsideration, setting out in writing the nature of its concerns or refer the matter to full Council. If referred to the decision maker they shall then reconsider at their next scheduled meeting, amending the decision or not, before adopting a final decision.

(e) If following an objection to the decision, the overview and scrutiny panel does not refer the matter back to the decision making body, the decision shall take effect on the date of the overview and scrutiny meeting.

(f) If the matter was referred to full Council and the Council does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if the Council does object, the Council may refer any decision to which it objects back to the decision-making person or body, together with the Council’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by a policy committee, the policy committee shall consider the reference back from Council at its next scheduled meeting.

(g) If a matter is referred to Full Council for consideration Full Council may wish to resolve the matter itself and no reference back to the policy committee is necessary (see f above).

(h) In exceptional circumstances, the Proper Officer may after consultation with the policy committee Chair call a special meeting of the policy committee to consider the reference back.

(i) If the Council does not meet, or if it does but does not refer the decision back to the decision making body, the decision will become effective on the date of the Council meeting or expiry of the period in which the Council meeting should have been held, whichever is the earlier.

(j) Where a decision has been taken by an area committee, then the right of call-in shall extend to any other area committee which resolves to refer a decision which has been made but not implemented to a relevant overview and scrutiny panel for consideration in accordance with these provisions. An area committee may only request the Proper Officer to call-in the decision if it is of the opinion that the decision will have an adverse effect on the area to which it relates. All other provisions relating to call in shall apply as if the call in had been exercised by members of the relevant overview and scrutiny panel.


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16. Exceptions In order to ensure that call-in is not abused, nor causes unreasonable delay, certain limitations are to be placed on its use. These are:

1. that an overview and scrutiny panel may only call-in a maximum of 3 decisions per two month period;

2. four full members of an overview and scrutiny panel or the Chair of the Panel are needed for a decision to be called in;

3. once a member (but excluding the Chair) has signed a request for call-in under paragraph 16 (call-in) above, he/she may not do so again until a period of one month has expired.

17. Call-in and Urgency 1. The call-in procedure set out above shall not apply where the decision

being taken by the policy committee is urgent. A decision will be urgent if any delay likely to be caused by the call in process would seriously prejudice the Council’s or the public’s interests. The record of the decision, and notice by which it is made public shall state whether in the opinion of the decision making body, the decision is an urgent one, and therefore not subject to call-in.

2. For the Urgency provisions to be implemented the Proper Officer of the Council after consultation with the relevant Chair (or their Deputy), the local Monitoring Officer and the Chief Finance Officer (s.151) must determine that these provisions are utilised.

3. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for the urgency.

4. The operation of the provisions relating to call-in and urgency shall be monitored by the local Monitoring Officer annually, and a report submitted to Council with proposals for review if necessary.

18. Party Whip (a) Definition

Any instruction given by or on behalf of a political group to any Elected Member who is a member of that group as to how that Elected Member shall speak or vote on any matter before the Council or any committee or sub-committee, or the application or threat to apply any sanction by the group in respect of that Elected Member should he/she speak or vote in any particular manner.


4D.9

(b) Conduct of Panels The party whip shall not apply to members of overview & scrutiny panels when

undertaking the overview & scrutiny function of the Authority. The abeyance of the party whip shall also apply to members acting as substitutes for full members of an overview & scrutiny panel.

19. Procedure at overview and scrutiny panel meetings (a) Overview and scrutiny panels shall consider the following business:

(i) minutes of last meeting;

(ii) declarations of interest (including whipping deliberations);

(iii) consideration of any matter referred to the panel for a decision in relation to call in of a decision;

(iv) responses of the policy committee to reports of the overview and scrutiny panel; and

(i) the business otherwise set out on the agenda for the meeting.

(b) Where the overview and scrutiny panel conducts investigations (e.g. with a view to policy development), the panel may also ask people to attend to give evidence at panel meetings which are to be conducted in accordance with the following principles:

(i) that the investigation be conducted fairly and all members of the panel given the opportunity to ask questions of attendees, and to contribute and speak;

(ii) that those assisting the panel by giving evidence be treated with respect and courtesy; and

(iii) that the investigation be conducted so as to maximise the efficiency of the investigation or analysis.

(c) Following any investigation or review, the panel shall prepare a report, for submission to the relevant policy committee(s) and/or Council as appropriate and shall make its report and findings public.

20. Matters within the remit of more than one overview and scrutiny panel Where an overview and scrutiny panel conducts a review or scrutinises a matter which also falls (whether in whole or part) within the remit of another overview and scrutiny panel, then the panel conducting the review shall invite members of the other panel to attend and participate in its meetings (as non voting members) when the matter is being reviewed.

21. Joint Meetings of overview and scrutiny panels 21.1 Where the Proper Officer deems it appropriate and after consultation with the

respective Chairs (or in their absence Vice Chairs) a joint meeting of two or more overview and scrutiny panels may be called to consider issues of general corporate concern and/or interest. All Elected Members invited will have full voting rights and shall elect a Chair from their number for that particular meeting only.


4D.10

21.2 If a joint meeting agree a recommendation in relation to an agenda item, which it wishes a relevant policy committee or Full Council to consider, this will be forwarded to the Proper Officer to ensure it is placed on the next appropriate agenda for the relevant policy committee or Full Council.

21.3 To ensure that there is no abuse of this procedure joint meetings should only consider items that are of clear corporate importance, and do not fall easily into the existing Terms of Reference of a single overview and scrutiny panel.

21.4 The local Monitoring Officer will monitor the number of joint meetings being held and the reasons given for those meetings to ensure that the procedure is not being abused and is not causing a detrimental effect to the Council’s policy-making and decision-making process.

Part Four – Financial Rules

4E.0

PART FOUR – 4E FINANCIAL RULES


August 2006 1

FINANCIAL RULES

August 2006 Contents Page Introduction 2 Roles and Responsibilities 2-4 The Golden Rules 5 Part A – Strategic Financial Rules 1. Financial and Business Planning 6 2. Annual Revenue Budget 7 3. Budgetary Control, Virement and Carry Forwards 8-10 4. Capital Programme Development and Control 11-12 5. Financial Management and Accounting 13 6. Risk Management 14 7. Asset Management 15 8. Internal and External Audit 16 9. Fraud and Irregularity 17 10. Partnerships and External Funding 18 Part B – Operational Financial Rules 11. Procurement of Goods and Services 19-20 12. Staffing and Salaries and Wages 21-22 13. Income 23-24 14. Value Added Tax and other Taxation 25 15. Treasury Management and Banking 26 16. Voluntary and Trust Funds 27 17. Imprest Accounts (Petty Cash) 28 18. Stocks and Stores 29 19. Inventories - ICT and Other Equipment 30 20. Insurance 31


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Introduction Financial Rules provide the framework for managing the Council’s financial affairs. They apply to every Member and officer of the Council and anyone acting on its behalf. The rules set out the roles and responsibilities of the Council, its Committees and senior officers. The rules are split into two parts. Part A sets out the Strategic Financial Rules that govern the financial strategy, management and governance. Part B deals with operational issues of a more detailed nature. References to the Corporate Director (Resources) should be taken to include his or her nominated representative. Any supplementary procedures issued by the Corporate Director (Resources) from time to time should be considered to form an integral part of these financial rules. Nothing in these financial rules shall prevent expenditure being incurred where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent. Such expenditure can be incurred by Heads of Service, in consultation with the Chief Executive and Corporate Director (Resources) if possible. All staff are bound by these rules and will be affected to some degree depending on their duties. Every officer has a responsibility to read and be familiar with these rules. Non-compliance may be considered to be a disciplinary offence. Regular training will be provided for those staff with direct financial management responsibilities. Ad hoc guidance can also be provided, and against each rule relevant contact details are provided. For the purpose of these rules, where written submission/approvals are required, an e-mail appropriately authored and sent is considered to represent appropriate submission/approval, provided that electronic or manual records are maintained. General Roles and Responsibilities in Financial Management The Council

• Agreeing the Strategic Financial Rules, which form an integral part of the Council’s constitution.

• Ensuring that financial management is adequate and effective and that there is a sound system of internal control that is regularly reviewed and fit for purpose.

• Approving the annual Budget, having regard to the Corporate Plan priorities, Medium Term Financial Strategy and the advice of the Corporate Director (Resources) in relation to prudent levels of reserves and the robustness of the financial estimates.

• Setting the Council Tax and Housing Rents in line with statutory requirements.

• Approving the prudential indicators, in accordance with the “CIPFA Prudential Code for Capital Finance in Local Authorities”.

One Corby Policy Committee

• Approving the Medium Term Financial Strategy

• Making recommendations to the Council in relation to revenue and capital budgets, Council Tax and Rent levels.

• Approving the business planning and budget setting process.


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• Regularly monitoring expenditure and income against budgets, the prudential indicators and other indicators of financial performance.

• Agreeing procedures for virement between budget heads and for carrying forward underspends and overspends at the end of a financial year.

• Approving virements between budget heads in accordance with Financial Rule 3.

Audit and Governance Committee

• Keeping under review and recommending changes as necessary to the Council’s financial rules.

• Approving the annual Statement of Accounts and Statement of Internal Control.

• Considering the appointment of the external auditor and any questions of resignation or dismissal of the external auditor.

• Discussing, if necessary, with the external auditor before the audit commences the nature and scope of the audit.

• Receiving the annual District Audit Management Letter and referring any issues requiring attention to the relevant committee and/or officer.

• Approving the appointment and monitoring the performance of the internal audit service.

• Receiving the Annual Audit Plan for the Authority and Annual Internal Audit Report, addressing key internal control issues as required.

Corporate Director (Resources) (Chief Finance Officer)

The functions of the Chief Finance Officer are contained in Article 11 of the Constitution. The postholder also has statutory duties in relation to the financial administration and stewardship of the Council, which cannot be overridden. These arise from:

• Section 151 of the Local Government Act 1972 • The Local Government Finance Act 1988 • The Local Government Act 2003 • The Accounts and Audit Regulations 2003

Section 114 of the Local Government Act 1988 requires the Chief Finance Officer to report to the full Council and external auditor if the Council or one of its officers:

• Has made, or is about to make, a decision which involves incurring unlawful expenditure.

• Has taken, or is about to take, an unlawful action which has resulted or would result in a loss or deficiency to the Council.

• Is about to make an unlawful entry in the Council’s accounts.

Section 114 of the 1988 Act also requires that the Chief Finance Officer nominate a deputy. For Corby Borough Council, this is the Head of Financial Services, who assumes the responsibilities listed below in the absence of the Corporate Director (Resources).

• Maintaining a continuous review of the Financial Rules and recommending any changes to Strategic Rules to Audit & Governance Committee and Council for approval.

• Maintaining appropriate Operational Financial Rules, ensuring that Heads of Service are given an opportunity to comment on any changes.


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• Reporting, where appropriate after consultation with the Head of Paid Service and Monitoring Officer, breaches of the financial rules and any consequent disciplinary action taken to Council and/or Standards Committee.

• Issuing advice and guidance to underpin these financial rules.

• Maintaining an adequate and effective system of Internal Audit in the Council.

• Advising on the key strategic controls necessary to secure sound financial management and ensure that there is a sound system of internal control that is reviewed regularly, including proper risk management arrangements.

• Providing advice and support to the Council, Committees, Scrutiny Panels and Core Management Team on all financial matters affecting the Council.

• Selecting accounting policies and ensuring that they are applied consistently, and determining the accounting procedures and records for the Council.

• Preparing the annual Statement of Accounts in accordance with appropriate code(s) of practice and regulations.

Core Management Team The Core Management Team, which comprises the Chief Executive, and two Corporate Directors, provide the strategic direction to ensure the achievement of Council policies. This includes: • Development of financial strategy.

• Regular monitoring of the Council’s financial position, alongside Business Plan and performance monitoring.

Heads of Service

• Comply with the financial rules set out in this document and any supporting procedures issued by the Corporate Director (Resources).

• Ensuring that all staff under their control are aware of the existence of and content of the Council’s financial rules and other internal regulatory documents and that they comply with them.

• Ensuring that Members are advised of the financial implications of all proposals and that, in all cases, the financial implications have been agreed by the Corporate Director (Resources).

• Consult with the Corporate Director (Resources) and seek approval on any matter liable to materially affect the Council’s finances, before any commitments are incurred.

• Provide information to the Corporate Director (Resources) relating to the services under their control and as required to by the Corporate Director (Resources) in order to fulfil the duties of the Chief Finance Officer.

• Maintain a written record where decision-making has been delegated to members of staff, quoting the relevant delegation scheme reference. Where decisions have been delegated or devolved to other responsible officers, references to Heads of Service within these rules should be read as referring to them.


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• A reference in these rules to Heads of Service includes, for the purpose of these rules, the members of the Core Management Team.

All Elected Members and Officers

• All Members and staff have a general responsibility for taking reasonable action to provide for the security of the assets under their control, and for ensuring that the use of these resources is legal, is properly authorised, provides value for money and achieves best value.

The Golden Rules GR1 Heads of Service are responsible for the delivery of One Corby Corporate Plan

priorities, service plan objectives and performance targets within the resources allocated to them through the business and financial planning process.

GR2 No order should be placed, or expenditure incurred, on goods or services without the

budget for such being identified and approved. GR3 All budget holders are accountable for the control of income and expenditure budgets

allocated to them. Financial Services will provide information, advice, support and training to assist with this.


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Financial Rule 1 – Financial and Business Planning Context Effective forward planning requires the development of a Medium Term Financial Strategy, identifying the resources available to the Council and how these resources will be directed towards the achievement of corporate priorities and performance targets. The financial strategy and projections need to cover: • Revenue expenditure and income • Targets for efficiency and other savings • Government grants and local taxation • Capital investment requirements • Capital resources and asset usage • Partnership working Rules 1.1 The financial strategy will cover a period of 5 years, taking into account trends into

subsequent years.

1.2 It will be rolled forward and updated annually in order to incorporate changing circumstances and assumptions.

1.3 The strategy will be prepared by the Corporate Director (Resources), in consultation with Core Management Team/ Heads of Service.

1.4 The timetable for the update to the financial strategy will be aligned to the review of corporate priorities within the service planning framework.

1.5 The strategy will be presented to the One Corby Policy Committee and recommended to Full Council for approval.

Contact

Paul Hymers, Corporate Director (Resources), Ext. 4100, [email protected]


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Financial Rule 2 – Annual Revenue Budget Context The annual revenue budget process, for both the General Fund and Housing Revenue Account, is the process of developing detailed budgets that support the achievement of corporate and service objectives and priorities and performance targets. It is therefore a process that is integrated with the development of Service Plans, although these financial rules do not cover this aspect in detail. Rules 2.1 The format of the budget will be determined by the Corporate Director (Resources) in

consultation with the Core Management Team.

2.2 The timetable and guidelines for the preparation of annual budgets, as agreed with Core Management Team, will be issued by the Corporate Director (Resources) and must be adhered to by all Heads of Service and budget holders.

2.3 Heads of Service must ensure that budget estimates reflect agreed service plans and are submitted to the Corporate Director (Resources) in line with timetable and guidelines. Budget estimates will be subject to scrutiny and challenge by both Core Management Team and Members.

2.4 The Corporate Director (Resources) will work with Heads of Service to encourage the best use of resources and value for money, identifying opportunities to improve economy, efficiency and effectiveness, and by encouraging good practice in conducting financial appraisals of development or savings options, and in developing financial aspects of service planning.

2.5 The Corporate Director (Resources) will produce a consolidated budget report and make recommendations to the One Corby Policy Committee.

2.6 The Corporate Director (Resources) will report to this Committee on the robustness of the financial estimates and the adequacy of the levels of reserves.

2.7 The One Corby Policy Committee is responsible for ensuring that budget proposals are made in the context of the Medium Term Financial Strategy, and that they reflect the priorities and performance targets set by the Council.

2.8 The Full Council is responsible for approving the budget as defined in Article 4 of the Constitution.

Contact


, Adrian Sibley, Head of Financial Services, Ext. 4125, [email protected]


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Financial Rule 3 – Budgetary Control, Virement and Carry Forwards Context Heads of Service are accountable for the delivery of Service Plan objectives within the budgets allocated by the Council to them. Good financial control requires that all income and expenditure budgets are regularly monitored, and action is taken to address any potential variances from the budget. Virement and carry-forward rules are designed to empower Heads of Service in this delivery, through enabling resources to be re-allocated during the financial year, providing that this re-allocation does not represent a change in policy and does not create an unfunded commitment into future years. A supplementary estimate would entail an addition to the overall budget, funded from reserves. Any such decision must be taken in the context of the Medium Term Financial Strategy and therefore budget pressures must initially be contained within existing overall budgets. Certain budgets are deemed to be outside of the direct control of budget holders and any variance against these budgets is a corporate issue. As such these budgets will be outside of the framework for virement and carry-forwards, and will be monitored closely as high risk areas. Rules Budgetary Control 3.1 The Corporate Director (Resources) will establish a budgetary control framework that

ensures that budget management is exercised and all Heads of Service are provided with the information and support required to monitor the budgets under their control.

3.2 Heads of Service must regularly monitor the income and expenditure budgets under their control, with support from Financial Services. The regularity of monitoring should be linked to a risk assessment of all budgets. Corrective action must be taken where variances are projected, in order to ensure that overall budget allocations are not exceeded.

3.3 Heads of Service must ensure that an accountable budget holder is identified for each budget head. Budget responsibility should be aligned as closely as possible to the decision making that commits expenditure.

3.4 All budgets must be profiled appropriately in order to enhance budgetary control.

3.5 The Head of Financial Services will report the latest overall monitoring and projected outturn bi-monthly to the Strategic Management Team and meetings of the One Corby Policy Committee, in a format determined by the Corporate Director (Resources). This report will highlight significant issues requiring the Committee’s attention.

3.6 All decisions made by Committees or by Officers using their delegated authority must give consideration to the financial implications of the decision. The Corporate Director (Resources) must be consulted on these financial implications.


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Virements and Supplementary Estimates

3.7 Virements must not be made with the intention of supporting recurring expenditure from one-off sources of saving or additional income, nor should they create future commitments, including full-year effects of decisions made part way through the year.

3.8 Virements should be made before expenditure is incurred. No virement relating to a specific financial year should be made after 31 March in that year.

3.9 Powers of virement between revenue accounts are subject to the following financial limits on any one budget head during the financial year. For the purpose of this scheme, a budget head is a cost centre within the approved Budget Book.

Heads of Service - £10,000 Core Management Team - £25,000 One Corby Policy Committee – unlimited

3.10 These limits do not apply to those funds and budgets which are held centrally pending allocation to specific service areas during the year, provided the use is in line with the fund’s approved purpose. Approval is by the One Corby Policy Committee and funds are under the control of Core Management Team as follows:

• Quality Improvement Fund

• Partnership Development Fund

• Invest to Save Fund

• Earmarked Reserves established for a specific purpose

3.11 In some circumstances it will be necessary to make “technical virements” to rectify situations where budgets have been allocated to an incorrect detail code. These will be subject to approval by the Corporate Director (Resources), irregardless of value.

3.12 Virement that is likely to impact on the level of service activity of another Head of Service should be implemented only after agreement in writing from the other Head of Service.

3.13 The Corporate Director (Resources) will maintain a register of all virements agreed and actioned.

3.14 Supplementary estimates can only be approved by the One Corby Policy Committee. Where this would result in a material shift in the Medium Term Financial Strategy, approval of Full Council is required. Materiality in this context will be determined by the Corporate Director (Resources) following consultation with Core Management Team.

3.15 The Corporate Director (Resources) will determine from time to time, in consultation with Core Management Team, those budget heads from which virement may not be made. Such budget heads will also be excluded from the scheme for carry-forwards and from any efficiency savings targets.

Carry Forward of Revenue Budgets

3.16 Any net overspend on the total budgets under the control of a Head of Service must be carried forward to the following financial year and will constitute the first call on that year’s budget. The Corporate Director (Resources) will report the extent of such overspending to the One Corby Policy Committee, so that the impact on service delivery of the carry forward can be assessed.


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3.17 The following rules in relation to the carry forward of underspends will only apply if the Council’s budget as a whole is underspent.

3.18 Where there is a net underspend on the total of the budgets under the control of a Head of Service (excluding those referred to in 3.14 above), the following rules will be applied in order. The outcome will be reported to CMT for final approval.

• Budgets that have been allocated for the achievement of specific projects within existing service plans – where the project has not been completed then the budget relating to this can be carried forward in its entirety.

• Where there remains a net underspend following the carry-forward of project budgets then this will be shared equally between the relevant Head of Service and balances.

• The Head of Service must provide details as to how the carry forward will be spent and how this expenditure will contribute to the achievement of their Service Plan. Such expenditure must be one-off in nature and not create commitments into future years.

• The contribution to balances will be split between a top-up contribution to the Partnership Development Fund (subject to the fund being limited to £250,000) and a contribution to balances to aid the achievement of corporate priorities in the context of the Medium Term Strategy.

Contact


Adrian Sibley, Head of Financial Services, Ext. 4125, [email protected]

Alan Hughes, Accountancy Manager, Ext. 4101, [email protected]


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Financial Rule 4 – Capital Programme Development and Control Context Investment in capital assets must reflect the Council’s priorities for regeneration, as well as supporting opportunities for efficiency and income generation. The Asset Management Group (AMG) plays a key role in the development and control of the Capital Programme, as set out below. Any assessment of the affordability of the capital programme will be undertaken using the principles within the CIPFA Prudential Code for Capital Finance. Rules Capital Programme Development 4.1 Heads of Service should make proposals for capital schemes in support of the

achievement of the Council’s objectives and One Corby priorities, as well as meeting legislative requirements.

4.2 The Corporate Director (Resources) will determine the definition of capital, having regard to government regulations and accounting requirements.

4.3 The Corporate Director (Resources) will determine the format of the scheme proposals and assessment criteria in consultation with the Asset Management Group. Schemes will be assessed, scored and prioritised by the AMG, using the predetermined criteria.

4.4 The prioritised list of schemes will be presented to the One Corby Policy Committee along with any limitations on total expenditure given the available resources and the Medium Term Financial Strategy. The Committee will recommend a Capital Programme for the year to Full Council.

4.5 Certain schemes will require a detailed Options Appraisal prior to commencing. This will be determined by the AMG, along with the format to be used for the options appraisal.

4.6 The Full Council is responsible for approving the Capital Programme for the year, alongside the revenue budget and prudential indicators.

Capital Programme Monitoring and Control

4.7 Each scheme must be assigned to a Lead Officer. The Lead Officer is responsible for delivery of the project within the approved budget.

4.8 The Corporate Director (Resources) will report the latest overall monitoring and projected outturn to each meeting of the Asset Management Group and bi-monthly to Policy Committee. This will be supported by a technical update showing progress of capital projects.

4.9 Heads of Service must ensure that adequate records are maintained for all capital contracts.

4.10 Where the cost of a capital scheme exceeds the estimated cost, this will be considered as appropriate using the following limits, with any virement to be funded from elsewhere within the approved programme.


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Asset Management Group – up to 10% of approved scheme cost or £25,000, whichever is the lower. One Corby Policy Committee - unlimited

4.11 Any increase in the overall programme can only be approved by One Corby Policy Committee. Where this would result in a material shift in the Medium Term Financial Strategy, approval of Full Council is required. Materiality in this context will be determined by the Corporate Director (Resources).

4.12 The AMG can approve the carry-forward of unspent resources from one financial year to the next, provided that it is for the original purpose and within the original total.

Contact

Paresh Parekh, Principal Accountant (Capital), Ext. 4665, [email protected] Paul Hymers, Corporate Director (Resources), Ext. 4100, [email protected]


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Financial Rule 5 – Financial Management and Accounting Context To enable Financial Management to be effective it is important that financial information is available to Managers and that it is prompt, accurate, consistent and meaningful. Such accurate information helps to ensure that the Council's assets and interests are accounted for and safeguarded against loss. These Rules set out the basic framework for accounting within the Council. Rules 5.1 The Corporate Director (Resources) is responsible for determining the accounting

procedures adopted by the Council. Financial Procedures explain the necessary accounting records and procedures in detail. No variations shall be made to accounting records and procedures without the written agreement of the Corporate Director (Resources).

5.2 Heads of Service are responsible for ensuring that all procedures are complied with in the services under their control and that records and systems are properly maintained.

5.3 All Heads of Service must comply, as far as practicable, with the following principles:

• Separating the duties of providing information about sums due to the Council and calculating, checking and recording these sums from the duty of collecting or disbursing them.

• Employees with the duty of examining or checking the accounts of cash transactions must not themselves be engaged in these duties.

5.4 The accounting procedures will have regard to all current and appropriate best accounting practice. Such best practice will normally be taken as that defined through Standard Statements of Accounting Practice (SSAPs), Financial Reporting Standards (FRSs), Statements of Recommended Practice (SORPs), The Code of Practice on Local Authority Accounting, and Accounts and Audit Regulations.

5.5 The Corporate Director (Resources) will prepare the annual Statement of Accounts and supporting working papers. Heads of Service and other staff must comply with the timetable and information requests issued by the Corporate Director (Resources). The Accounts will be submitted to the Audit and Governance Committee for approval, and will be signed by both the Corporate Director (Resources) and the Chair of that Committee.

Contact




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Financial Rule 6 – Risk Management Context Risk is the chance or possibility of loss, damage, injury or failure to achieve objectives caused by an unwanted or uncertain action or event. Risk management is the planned and systematic approach to the identification, evaluation and control of risk. It is concerned with evaluating the measures an organisation already has in place to manage identified risks and then recommending the action the organisation needs to take to control these. Rules 6.1 The Head of Customer First is responsible for the maintenance of a Strategic Risk

Register and, through the corporate Risk Management Project Group, planning the actions required in response to identified risks.

6.2 Heads of Service are similarly responsible for the maintenance of, and action planning in response to, Operational Risk Registers in their service areas.

6.3 All Heads of Service should maintain an up to date and relevant Business Continuity Plan, setting out roles and responsibilities in the event that there is an unplanned interruption to service delivery.

6.4 All plans and procedures should consider the associated risks and identify how these will be managed.

6.5 Some risks are insurable, and the rules relating to this are covered in Operational Financial Rule 20.

Contact

Tim Marren, Head of Customer First, Ext. 4670, [email protected]

George Jenkins, Corporate Development Officer, Ext. 4115, [email protected]


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Financial Rule 7 – Asset Management Context The Council’s assets provide a basis for delivery of services, as well as opportunity to maximise the revenue and capital resources available to support the achievement of One Corby priorities. The Head of Legal and Democratic Services, as the designated Corporate Property Officer, plays a key role in asset management. The corporate Asset Management Group (AMG), chaired by the Corporate Director (Resources), acts as a management forum. Rules 7.1 The Head of Legal and Democratic Services will produce an Asset Management

Plan (AMP) for approval by the One Corby Policy Committee, in line with government guidelines.

7.2 The Head of Legal and Democratic Services will maintain a comprehensive asset register in accordance with best practice and the Council’s Asset Management Plan. Assets will be valued in accordance with proper practice.

7.3 Any proposal for the sale or letting of land or buildings that are surplus to requirements must be considered by the Asset Management Group in the context of the AMP. Any disposal must be at the most appropriate time and at the best price obtainable. For items of significant value, disposal should be by competitive tender or public auction unless the One Corby Policy Committee agrees otherwise.

7.4 Receipts from the sale of assets must be properly banked and coded and notified to the Corporate Director (Resources) who will ensure appropriate accounting entries are made.

7.5 All leases and agreements must be in a form agreed by the Head of Legal and Democratic Services, who is also responsible for the custody of all title deeds.

7.6 All Heads of Service are responsible for the proper security and safe custody of all assets under their control. A register of all moveable assets must be maintained in a format prescribed by the Head of Legal and Democratic Services and no Council asset must be subject to personal use without the express permission of the Head of Service.

Contact


Simon Aley, Head of Legal and Democratic Services, Ext. 2024, [email protected] Paresh Parekh, Principal Accountant (Capital), Ext. 4665, [email protected]


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Financial Rule 8 – Internal and External Audit Context The Accounts and Audit Regulations 2003 and section 151 of the Local Government Act 1972 require the Council to maintain an adequate and effective system of internal audit. The Council has delegated responsibility for this function to the Corporate Director (Resources) as the Chief Financial Officer. The Corporate Director (Resources) discharges this responsibility through the operations of Consortium Audit and these Rules provide the framework for its operations.

External Audit is undertaken by the Audit Commission, whose audit work is governed by the Audit Commission Act 1998 and the Code of Audit Practice.

Rules 8.1 The Corporate Director (Resources) assists the Council to put in place an appropriate

control environment and effective internal controls which provide reasonable assurance of effective operations, financial stewardship, probity and compliance with laws and rules.

8.2 The Chief Executive is responsible for ensuring the effectiveness of systems of internal control. The Corporate Director (Resources) will produce an annual Statement of Internal Control, which must be signed by the Chief Executive and Leader of the Council and published along with the annual Statement of Accounts.

8.3 The Corporate Director (Resources) is responsible for ensuring proper arrangements for the audit of the Council’s accounts in accordance with the Accounts and Audit Regulations 2003.

8.4 The Audit and Governance Committee will approve the Annual Plan for Internal Audit work and receive a report as soon as possible after the year end on the outcomes from audit work.

8.5 All Heads of Service must ensure that internal and external auditors are given access at all reasonable times to any premises, personnel, documents, information and assets that the auditors consider necessary for the purposes of their work.

8.6 Heads of Service must ensure that any agreed actions arising from audit recommendations are carried out in a timely and efficient manner. The Corporate Director (Resources) will maintain a schedule of agreed recommendations and monitor their implementation.

8.7 Any new systems for maintaining financial records, or records of assets, or changes to such systems, must be discussed and agreed by Internal Audit prior to implementation.

Contact


Kim Phillips, Consortium Audit Manager, 01933 231671, [email protected]

Kate Wildman, Principal Auditor, Ext. 4112, [email protected]


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Financial Rule 9 – Fraud and Irregularity Context The Council will not tolerate fraud and corruption in the administration of its responsibilities, whether from inside or outside the Council. It’s expectation of propriety and accountability is that Members and staff at all levels will lead by example in ensuring adherence to legal requirements, rules, procedures and practices. The Council also expects that individuals and organisations (e.g. suppliers, contractors, and service providers) with whom it comes into contact will act towards the Council with integrity and without thought or actions involving fraud and corruption. Rules 9.1 The Monitoring Officer, in consultation with the Corporate Director (Resources), will

develop and maintain an anti-fraud and corruption policy.

9.2 All suspected irregularities and financial impropriety must be reported to the Corporate Director (Resources), who will report to Internal Audit, the Chief Executive and Monitoring Officer. Where financial impropriety is discovered, and where sufficient evidence exists to believe that a criminal offence may have been committed, the Corporate Director (Resources) will, following consultation, ensure that the Police are called in to investigate. Consultation will be through an urgent meeting with the Head of Paid Service and Monitoring Officer.

9.3 Pending investigation and reporting, Heads of Service should take all necessary steps to prevent further loss and to secure records, documentation and information against removal or alteration.

9.4 The Monitoring Officer will ensure that a corporate register of interests is maintained, in which any hospitality or gifts offered to or accepted by Members and employees must be recorded.

9.5 The Monitoring Officer must ensure that whistle blowing procedures are in place and operating effectively.

9.6 Where the outcome of an audit investigation indicates improper behaviour, the relevant Head of Service must instigate the Council’s disciplinary procedures.

Contact


Simon Aley, Head of Legal and Democratic Services, Ext. 4024, [email protected]


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Financial Rule 10 – Partnerships and External Funding Context Partnership is a key feature of the Council’s ability to achieve One Corby priorities. This financial rule is applicable to all partnership activity, other than North Northants Development Company. The Corporate Director (Resources) will issue, from time to time, separate rules applicable to that partnership. A partner is defined as either: • An organisation (private or public) undertaking, part funding or participating as a

beneficiary in a project, or • A body whose nature or status give it a right or obligation to support the project. Rules 10.1 The Corporate Director (Resources) will develop and maintain an External Funding

Protocol, following appropriate consultation, in order to ensure that partnerships have appropriate governance and accounting arrangements.

10.2 Heads of Service must ensure that, before entering into agreements with external bodies, approval has been gained from Core Management Team, in line with the External Funding Protocol. All agreements and arrangements must be properly documented.

10.3 All requested information must be supplied to the Corporate Director (Resources) to enable proper entries to be made in the Council’s Statement of Accounts. It is important to recognise where our interest in other organisations may have implications for Group Accounts.

10.4 Where the Council is required to make a financial contribution that is not reflected in approved budgets, a bid must be made for a contribution from the Partnership Development Fund. The criteria and required documentation for this fund will be maintained by the Corporate Director (Resources). The Core Management Team will make allocation decisions.

10.5 The Corporate Director (Resources) will maintain a register of all grant claims and monitor their completion, ensuring that all claims are made by the relevant due date and are supported by adequate documentation.

10.6 Any proposals to trade or undertake work for third parties are subject to Committee approval and must be in line with guidance issued by the Corporate Director (Resources). No contractual agreements can be signed without the prior agreement of the Head of Legal and Democratic Services.

Contact


Paresh Parekh, Principal Accountant (Capital), Ext. 4665, [email protected]


August 2006 19

Financial Rule 11 – Procurement of Goods and Services Context The procurement of goods and services by the Council needs to be in line with Contract Standing Orders and the Council’s Procurement Strategy, as effective procurement represents a key opportunity to realise efficiency savings in line with the Medium Term Financial Strategy. Orders create contracts and commit the Council to expenditure. It is therefore vital that the ordering process fully protects the Council's interests, that the authorisation of orders is strictly controlled and that there is budgetary provision for the expenditure. Payment should be made promptly following receipt of an invoice and satisfactory completion of the works or delivery of the goods. This is important, as performance in this area is subject to a Best Value Performance Indicator, as well as having an impact on local businesses. Rules 11.1 Each order must conform to the Council’s Contract Standing Orders, Procurement

Strategy and Procurement Code of Practice. Official orders must be raised electronically via the Council’s Financial Management System (FMS).

11.2 Official orders must not be raised for any personal or private purchases, nor must personal or private use be made of Council contracts.

11.3 The Head of Financial Service will maintain a list of officers authorised to raise and approve orders on the FMS. Heads of Service must notify the Head of Financial Services of any changes required to this list.

11.4 No order for goods and services should be placed without first identifying the budget against which the expenditure is being committed.

11.5 Goods and services should be checked on receipt and entries made in inventories and stores records where appropriate. A Goods Received Notes must be raised against the FMS order.

11.6 On receipt of a proper VAT invoice, Heads of Service are responsible for matching the invoice against the FMS order and passing promptly to Exchequer Services for payment.

11.7 Apart from petty cash, the normal method of payment from the Council shall be by electronic means, cheque or other instrument or method approved by the Corporate Director (Resources). The use of direct debit shall require the prior agreement of the Corporate Director (Resources).

11.8 Payments must not be made on a photocopied, proforma of faxed invoice, statement or other document other than the formal invoice without prior approval of the Corporate Director (Resources). Any instances of these being rendered should be reported to internal audit.

11.9 Appropriate payment records must be retained in line with the Council’s document retention policy.

11.10 The Council’s Credit Card is held by the Corporate Director (Resources), and is for use only in emergencies, or where the supplier of goods or services is not able to issue an invoice, for example if procuring via the internet or for occasional hotel


August 2006 20

usage. Each usage of the Credit Card requires the express permission of the Corporate Director (Resources). The Card number will be provided to an officer following supply of an e-mail stating the relevant budget code and the estimated value of the purchase. A VAT receipt should be requested from the supplier.

11.11 No loans, leasing or rental arrangements should be entered into without the prior written approval of the Corporate Director (Resources), in order that the Council is protected against entering into unapproved credit arrangements.

11.12 With regard to contracts for construction and alterations to buildings and for civil engineering works, the procedures to be adopted in relation to financial aspects must be agreed with the Corporate Director (Resources). This includes certification of interim and final payments, checking, recording and authorising payments, and the procedures for validation of subcontractors’ tax status.

11.13 The Corporate Director (Resources) should be notified immediately of any expenditure to be incurred as a result of statute or court order where there is no budgetary provision. Such expenditure can only be approved by the Corporate Director (Resources).

Contact

Jackie Sims, Principal Exchequer Officer, Ext 4106, [email protected]



August 2006 21

Financial Rule 12 – Staffing and Salaries and Wages Context Salaries and Wages account for a substantial proportion of the Council's expenditure. It is essential that proper controls are in place and implemented within service areas. Rules Staffing Issues

12.1 The Corporate Director (Resources) will produce an annual staffing budget based on the current establishment and pay scales, and the prevailing rates of employers National Insurance and Pension contributions.

12.2 Heads of Service are responsible for ensuring that the staffing budget is not exceeded and that it is managed to enable the agreed levels of service to be provided, and controls should be in place over such costs as sickness, overtime, training and temporary staff.

12.3 Recruitment can only be undertaken following proper authorisation by the relevant Head of Services (and Core Management Team if required). The authorisation form must include a code to which recruitment costs are to be charged. Heads of Service are responsible for ensuring that budget is vired to their recruitment code in order than orders can be placed by HR.

12.4 Human Resources should ensure that checks and references are undertaken prior to employing new staff to ensure that they are appropriately qualified, experienced and trustworthy.

12.5 All staff should be aware of their personal responsibility with regards to the protection and confidentiality of information, whether held in manual or computer records.

12.6 Staff should not carry out private work in Council time and should be aware of an employer’s rights with regard to intellectual property.

Payments to Employees and Members

12.7 The Corporate Director (Resources) will ensure secure and reliable systems for the payment of salaries, wages and other expenses and emoluments, and the accurate and timely payment of tax, National Insurance, pensions contributions and other deductions.

12.8 Payment to Members and Officers of travel, subsistence and other allowances will only be made on receipt of the prescribed form, duly completed and authorised.

12.9 Human Resources must notify the Corporate Director (Resources) of all appointments, terminations or variations that may affect the pay or pension of an employee or former employee, in the form and to the timescale required by the Corporate Director (Resources).

12.10 Procedures should be in place to ensure that all payments are correctly made and authorised. A list of approved signatories for payroll and staffing documents must be maintained and updates supplied to the Corporate Director (Resources).

12.11 Heads of Service should give careful consideration to the employment status of self-employed consultants and sub-contractors. In order to ensure compliance with


August 2006 22

Revenue & Customs rules, prior to appointment advice should be sought from the Principal Exchequer Officer.

12.12 Heads of service should notify the Corporate Director (Resources) of any employee benefits in kind, to enable full and complete reporting within the income tax self-assessment system.

12.13 All appropriate payroll documents must be retained in line with the Council’s document retention policy.

Members Expenses

12.14 Members’ travel and subsistence claims must be submitted on a monthly basis and, in any event, within one month of the year-end. In line with the Members Allowances Scheme, claims should only be made in relation to travel outside of the Borough.

Contact

Sarah Rodmell, Human Resources Manager, Ext. 4031, [email protected]



August 2006 23

Financial Rule 13 – Income Context The Council receives significant amounts of income through its various methods of collection, for a wide variety of purposes. It is essential that proper arrangements are made to ensure all income due is collected / banked properly and promptly. Rules Recording, Invoicing and Write-Off

13.1 The One Corby Policy Committee will agree a strategy for the setting of fees and charges and Heads of Service are responsible for setting charges in line with the strategy. The Corporate Director (Resources) will advise on the appropriate charging of VAT.

13.2 All arrangements for the collection of income due to the Council must be agreed with the Corporate Director (Resources). Receipt books, forms or tickets and similar items will be issued by the Corporate Director (Resources) and must be used to record income collected.

13.3 Heads of Service must make arrangements for such sums to be properly recorded and invoiced via the Financial Management System. Prompt recovery action should be taken where debts are not paid promptly, in line with the Council’s debt recovery policy.

13.4 All debts to be written off should be agreed by the Corporate Director (Resources) in consultation with the Head of Legal and Democratic Services, following recommendation from the appropriate Head of Service. A record will be maintained of all sums written off, and appropriate accounting adjustments will be made.

13.5 Where income is subsequently received in relation to debts previously written off, arrangements must be made for the account to be re-activated and the debt written back on.

13.6 Once raised, no bona fide debt may be cancelled. A credit note can only be issued to correct a factual inaccuracy or administrative error in the calculation and/or billing of the original debt.

Security and Cash Handling

13.7 Responsibility for collection should be separated from responsibility for identifying amounts due, as far as is practicable. More than one employee should be present when post is opened so that money received by post is properly recorded.

13.8 Income should be locked away to safeguard against loss or theft and a record kept of every transfer of money between employees. This record should be signed and retained. Income should be paid fully and promptly into the appropriate Council bank account and recorded on paying-in slips.

13.9 An officer not involved in the collection and banking process must reconcile money collected and deposited to the bank account on a regular basis.

13.10 Income must not be used to cash personal cheques or other payments.


August 2006 24

Contact

Samantha Dickinson, Recovery Team Leader, Ext 4136, [email protected] Lorraine Shaw, Billing Team Leader, Ext 4127, [email protected] Louise Warren, Customer Services Team Leader, Ext 4142, [email protected]


August 2006 25

Financial Rule 14 – Value Added Tax and other Taxation Context Compliance with statute and regulations related to taxation is vital. Due to the VAT regulations, the Council is generally able to recover the VAT it incurs in excess of that it receives. The correct VAT treatment in respect of all payments and receipts is vital to ensure the Council continues to be a net-receiver and does not incur penalties from Revenues and Customs. Rules 14.1 The Corporate Director (Resources) will advise on all taxation issues that affect the

Council, in the light of guidance issued by appropriate bodies and relevant legislation, and maintain up to date guidance for Council employees. This guidance must be followed.

14.2 Heads of Service must ensure that the correct VAT liability is attached to all income due and that all VAT recoverable on purchases complies with HM Customs and Excise rules. The Corporate Director (Resources) will complete a monthly return of VAT inputs and outputs to Customs and Excise.

14.3 Any VAT mis-declaration or other penalty will be the responsibility of the relevant Head of Service and will be charged to the relevant budget.

14.4 The Corporate Director (Resources) will provide details to Revenues and Customs of the construction industry tax deduction scheme. Heads of Service must ensure that, where construction works are undertaken, the contractor fulfils the necessary deduction requirements.

14.5 The Corporate Director (Resources) will complete all Revenues and Customs returns regarding taxation.

Contact


Alan Hughes, Accountancy Manager, Ext 4101, [email protected]


August 2006 26

Financial Rule 15 – Treasury Management and Banking Context The Council holds large sums of money and a considerable value of transactions passes through our accounts on an annual basis. Effective treasury management strategies and procedures seek to maximise the interest earned on the money held. A consistent and secure approach to banking activities is essential in order to achieve optimum performance from the Council's bankers, and to obtain the best possible value for money. Rules 15.1 The One Corby Policy Committee will agree an annual treasury management policy

and strategy, developed by the Corporate Director (Resources) in line with the requirements of CIPFA’s Code of Practice for Treasury Management and the Prudential Code. The borrowing and investments of the Council will comply with these policies and guidance.

15.2 The Corporate Director (Resources) will report on treasury management activity bi-monthly to meetings of the Policy Committee as part of overall budget and financial monitoring.

15.3 The Corporate Director (Resources) will ensure that all investments of money, and all borrowings, are made in the name of the Council or in the name of nominees approved by the full Council. Records will be maintained of all borrowing of money by the Council and the Corporate Director (Resources) shall act as the Council’s registrar of stocks, bonds and mortgages.

15.4 All securities that are the property of the Council or its nominees and the title deeds of all property in the Council’s ownership will be held by the Head of Legal and Democratic Services.

15.5 Heads of Service must ensure that loans are not made to third parties and that interests are not acquired in companies, joint ventures or other enterprises without the approval of the One Corby Policy Committee, following consultation with the Corporate Director (Resources).

15.6 The Corporate Director (Resources) shall operate such bank accounts as are considered necessary. The opening or closing of any bank account shall require the approval of the Corporate Director (Resources). Heads of Service must follow the instructions on banking issued by the Chief Finance Officer.

15.7 All staff should be aware of the risks of money laundering when taking payments involving large amounts of cash. Action should be taken in line with the Anti-Money Laundering Policy. In case of any doubt the Corporate Director (Resources) or Head of Legal and Democratic Services should be contacted immediately.

Contact

Sharon Hanna, Senior Accountancy Assistant, Ext 4119, [email protected]

Paresh Parekh, Principal Accountant (Capital), Ext. 4665, [email protected] Jackie Sims, Principal Exchequer Officer, Ext 4106, [email protected]


August 2006 27

Financial Rule 16 – Voluntary and Trust Funds Context A voluntary fund is any fund that, although not officially owned by the Council is controlled or administered solely or in part, by an employee by reason of their employment with the Council. In these circumstances the fund owners will expect the same standards of accounting and propriety as would apply to Council funds. Furthermore, if such standards are not applied, Council employees will be placed in a vulnerable position. Rules 16.1 The relevant Head of Service should arrange for all trust funds to be held, wherever

possible, in the name of the Council. All officers acting as trustees by virtue of their official position shall deposit securities, etc. relating to the trust with the Corporate Director (Resources), unless the deed provides otherwise.

16.2 Trust funds must be operated within relevant legislation and the specific requirements for each trust.

16.3 Where funds are held on behalf of third parties, arrangements must be made for their secure administration and written records maintained of all transactions. Such arrangements should follow the same rules as those applied to the Council’s own funds and will be subject to Internal Audit scrutiny.

16.4 Staff must never mix their own finances with those voluntary funds they are authorised to administer. Staff must never cash personal cheques using Client monies, nor should they borrow monies or use voluntary funds (including credit approvals e.g. catalogues) for their own purposes / purchases.

Contact


Kate Wildman, Principal Auditor, Ext 4112 , [email protected]


August 2006 28

Financial Rule 17 – Imprest Accounts (Petty Cash) Context Imprest accounts are used by the Authority to enable Employees to pay minor items of expenditure without the need to requisition payment through the creditors system or where an Official Order / Invoice is not appropriate. The responsibility for the control over such accounts rests with the imprest holder. Any cash float maintained by staff is subject to the controls documented within this section. Rules 17.1 Cash holdings on premises should be kept to a minimum. Keys to safes and similar

receptacles should be carried on the person of those responsible at all times. Where responsibility passes from one employee to another, a written record of the transfer of keys should be maintained, and the contents of the safe at the time of transfer recorded. Loss of such keys must be reported to the Corporate Director (Resources) as soon as possible.

17.2 The Corporate Director (Resources) will provide cash or bank imprest accounts to relevant employees and prescribe the rules for operating these accounts. Minor items of expenditure must not exceed the amount prescribed by the Corporate Director (Resources), who will maintain records of all transactions and petty cash advances made. Imprest accounts will normally be restored monthly.

17.3 Employees operating an imprest account must:

• obtain and retain vouchers to support each payment from the imprest account. Where appropriate, an official receipted VAT invoice must be obtained;

• make adequate arrangements for the safe custody of the account; • produce upon demand by the Corporate Director (Resources), cash and all vouchers

to the total value of the imprest amount; • record transactions promptly; • reconcile and balance the account at least monthly, reconciliation sheets to be signed

and retained by the imprest holder; • provide the Corporate Director (Resources) with a certificate of the value of the

account held at 31 March each year; • ensure that the float is never used to cash personal cheques or to make personal

loans and that the only payments into the account are the reimbursement of the float and change relating to purchases where an advance has been made;

• on leaving the Council’s employment or otherwise ceasing to be entitled to hold an imprest advance, an employee shall account to the Corporate Director (Resources) for the amount advanced to him or her.

17.4 Where it is necessary for an employee to purchase goods in the pursuit of their duties

but where seeking a receipt would provoke suspicion, reimbursement can be made without a receipt following the approval of the relevant manager and the Corporate Director (Resources).

Contact



August 2006 29

Financial Rule 18 – Stocks and Stores Context The maintenance of stocks and stores within service areas aids the efficient and effective delivery of services by ensuring that ordering of materials does not cause delays. Levels of stock should be maintained in support of this, but not to levels that cause excessive loss and obsolescence. Rules 18.1 Heads of Service must make arrangements for the care and custody of stocks and

stores in their service area.

18.2 Stocks should be maintained at reasonable levels and subject to a regular independent physical check. All discrepancies should be investigated and pursued to a satisfactory conclusion.

18.3 Discrepancies should be investigated and removed from the Council’s records (i.e. written off) as necessary. Approval of the Corporate Director (Resources) is required if they are in excess of the limit advised from time to time.

18.4 Heads of Service may authorise the write off or disposal of redundant stocks and equipment. Procedures for disposal of such stocks and equipment should be by competitive quotations or auction, unless agreed otherwise by the Corporate Director (Resources) in a particular case.

Contact

Barry Jacobs, Principal Accountant, Ext 4103, [email protected]

Ian Cooke, Senior Accountancy Assistant, Ext 4180, [email protected]


August 2006 30

Financial Rule 19 – Inventories - ICT and Other Equipment Context The Council has a substantial investment in furniture, IT and equipment, and it is important that these assets are properly maintained and protected against loss or damage. An up to date schedule of all such assets, to be known as the inventory, must be kept by each Head of Service. Rules 19.1 Heads of Service must maintain inventories and record an adequate description of

furniture, fittings, equipment, plant and machinery above a value notified from time to time by the Corporate Director (Resources).

19.2 An annual check should be undertaken of all items on the inventory in order to verify location, review condition and take action in relation to surpluses or deficiencies, annotating the inventory accordingly. Attractive and portable items such as computers, cameras and video recorders should be identified with security markings as belonging to the Council.

19.3 Property should only be used in the course of the Council’s business, unless, exceptionally, both the Head of Service concerned, and Corporate Director (Resources) have given permission otherwise.

Contact

Paresh Parekh, Principal Accountant (Capital), Ext. 4665, [email protected] Jenny Hall, ICT Operations Manager, Ext 4076, [email protected]


August 2006 31

Financial Rule 20 – Insurance Context It is a responsibility of all employees to minimise the risk of financial or other loss to the Council, in line with the Risk Management Rule 6. Financial Rule 20 deals with those risks that are insurable. Rules 20.1 The Corporate Director (Resources) will include all appropriate employees of the

Council in a suitable fidelity guarantee insurance, will effect corporate insurance cover, through external insurance and internal funding, and will negotiate all claims in consultation with other officers where necessary.

20.2 Heads of Service are responsible for notifying the Corporate Director (Resources) immediately of any loss, liability or damage that may lead to a claim against the Council, together with any information or explanation required by the Corporate Director (Resources) or the Council’s insurers.

20.3 The Corporate Director (Resources) should be notified promptly of all new risks, properties or vehicles that require insurance and of any alterations affecting existing insurance.

20.4 The Corporate Director (Resources) and Head of Legal and Democratic Services should be consulted on the terms of any indemnity that the Council is requested to give.

20.5 Any employee, or anyone covered by the Council’s insurance, should not admit liability or make any offer to pay compensation that may prejudice the assessment of liability in respect of any insurance claim.

Contact

Paresh Parekh, Principal Accountant (Capital), Ext. 4665, [email protected] Christine Webster, Insurance Officer, Ext 4122, [email protected]

Part Four – Rules of Procedure (Contract Procedure Rules)

4F.1 First Amendment dated 21st November 2006

Re-issued on the 21st November 2006

PART FOUR – 4F CONTRACT PROCEDURE RULES




CONTRACT STANDING ORDERS

AND THE MANDATORY PROCUREMENT CODE OF PRACTICE CSO1 INTRODUCTION 1.1 These Contract Standing Orders promote good procurement practice and public accountability.

The purpose of these rules is to safeguard the interest of the Council, its employees or any individual acting on behalf of the Council (the ‘Contracting Officer’) to procure goods, works, services and utilities.

CSO2 COMPLIANCE 2.1 These rules MUST be followed every time there is a requirement to procure goods, works,

services and utilities. 2.2 Therefore all Contracting Officers responsible for purchasing must comply with these Standing

Orders, except, where otherwise required by United Kingdom statute and regulations or EU Treaty or EU Directive for the time being in force in the United Kingdom.

2.3 These rules are the best defence against any allegations that procurement has been processed

incorrectly or fraudulently. 2.4 Heads of Service must ensure that Contracting Officers who let, manage and supervise

contracts comply with the Treaty of Rome, EU Directives, UK Legislation, Office of Government Commerce Guidelines (the ‘OGC’), Standing Orders and the Council’s Financial Rules.

2.5 For the avoidance of doubt, these Contract Standing Orders shall not apply to:

2.5.1 lending or borrowing of money; or 2.5.2 employment of an individual as a direct employee of the Council.

CSO3 DELEGATION 3.1 Any member of the Corporate Management Team and Heads of Services Group is hereby

authorised to nominate on behalf of the Council any person for designation as a Contracting Officer. Such designation shall occur and take effect upon the date of receipt by the Corporate Director (Resources) of the nomination and the name of the person so nominated shall be recorded in the Register of Contracting Officers.

3.2 Heads of Service MUST maintain a scheme of management comprising of a register of

Contracting Officers in their respective Service Areas delegated to carry out procurement activities. This list MUST be compiled in consultation with the Corporate Procurement Officer.




3.3 All Heads of Service MUST provide the scheme of management to the Corporate Procurement Officer at the commencement of each financial year.

3.4 In any situation where a third party is engaged to manage and/or award a Contract on behalf of

the Council an assigned undertaking shall first be obtained from them to comply with the contents of these Standing Orders.

3.5 The Council will from time to time issue or amend the Procurement Code through its Corporate Procurement Officer (which form part of the Contract Standing Orders), setting out in further detail, the rules to be followed when awarding contracts under these Contract Standing Orders and Financial Rules together with guidance on best practice. The Guidance is to be prepared by the Head of Legal and Democratic Services in consultation with the Head of Financial Services and Purchasing Gateway Group (the ‘PGG’).

3.6 Compliance with the rules set out in the Procurement Code is MANDATORY under these

Contract Standing Orders and the adoption of best practice is recommended. 3.7 The Corporate Director (Resources) shall maintain a Register of Contracting Officers and such

Register shall be open to inspection by the public at all reasonable times. 3.8 These Contract Standing Orders shall apply regardless of whether the Contract is made by the

Council, Committee, Sub Committee or Officer holding Delegated Authority. 3.9 If any provision of these Contract Standing Orders has not been adhered to, then the matter

shall be immediately reported to the Monitoring Officer (by any person internal or external to the organisation) who shall, where he/she feels it appropriate submit a report to the relevant Committee.

CSO4 SCOPE OF CONTRACT STANDING ORDERS 4.1 All Contracting Officers must observe, adopt and follow the spirit of these Contract Standing

Orders. 4.2 Contracting Officers must adopt the following principles:

4.2.1 achieve best value for public money spent; 4.2.2 be consistent with the highest standards of integrity and propriety; 4.2.3 ensure fairness in allocating public contracts; 4.2.4 comply with all legal requirements and established government and commercial codes

of conduct; 4.2.6 support the Council’s own corporate aims and service policies; 4.2.7 comply with the Council’s financial regulations, the Procurement Strategy, Health &

Safety requirements, Equality, Environmental Sustainability Strategy; 4.2.8 demonstrate that the Council’s interests have not been prejudiced nor exposed to

undue/unmanaged risks; 4.2.9 ensure that proper records are kept.




CSO5 HEAD OF SERVICE and/or CONTRACTING OFFICER RESPONSIBILITY 5.1 Committee or appropriate delegated authority approval MUST be demonstrated by both the

Contracting Officer and relevant Heads of Service prior to commencement of ANY procurement activity.

5.2 Contracting Officer’s MUST:

5.2.1 comply with the Treaty of Rome, EU Directives, UK Legislation, OGC Guidelines, these Standing Orders and the Council’s Financial Rules;

5.2.2 comply with the Procurement Guide; 5.2.3 must keep records required by these Standing Orders; 5.2.4 follow tender and quotation procedures in accordance with procedures set out in the

Invitation to Tender or Invitation to Quote; 5.2.5 ensure that agents or consultants acting on their behalf comply with the requirements

referred to in Standing Orders. Such consultants must not make any decision as to whether to award a contract or whom a contract should be awarded to;

5.2.6 take all necessary legal, financial and professional advice, including from the Corporate

Procurement Officer, PGG and the Head of Legal and Democratic Services; 5.2.7 have a knowledge of the contractual conditions to ensure efficient and effective delivery

of the goods, works and service for the Council.

5.3 Heads of Service MUST:

5.3.1 ensure that their Contracting Officer, Agents or Consultants comply with these Contract Standing Orders.

5.3.2 must keep a register of:

i. contracts completed by signature (rather than by the Council's seal) and arrange

their safekeeping on Council premises with the Monitoring Officer; ii. exemptions must be recorded under Standing Orders in order that the Monitoring

Officer may monitor their use.

5.3.3 Notify the Corporate Procurement Officer of all contracts over £10,000 who will then maintain a register on behalf of the Council for auditing purposes.




CSO6 EXEMPTIONS AND WAIVERS 6.1 Before proceeding in accordance with CSO 6 in relation to any contract, the Council shall

consult the EU Public Procurement Rules on tendering (see Appendix 2). 6.2 Exemptions and waivers are provided for in the Constitution but are subject to the detailed

requirements set out in these Standing Orders. An exemption under this section allows a contract to be placed by direct negotiation with one or more suppliers rather than in accordance with Standing Orders.

6.3 Exemptions under these Contract Standing Orders will not be granted if the EU Public Procurement Rules apply.

6.4 All exemptions, and the reasons for them, must be documented. The relevant form can be obtained from the Corporate Procurement Officer.

6.5 Exemptions shall be approved in writing and signed by the Contracting Officer, the respective Head of Service, Section 151 Officer, Monitoring Officer, the Leader and the Chief Executive.

6.6 The following are the only exemptions that may apply: -

6.6.1 the Contract can only be supplied or provided by one specialist firm; 6.6.2 an exemption is necessary because of an unforeseen emergency involving immediate

risk to persons, property or serious disruption to Council services; 6.6.3 the goods, services or materials are proprietary articles or are sold only at a fixed price

and no reasonably satisfactory alternative is available; 6.6.4 the prices of goods, services or materials are wholly controlled by trade organisations

or by government order and no reasonably satisfactory alternative is available; 6.6.5 where a Contract is funded in whole or in part by a Government Agency or other public

body and the funding from such external body requires the Council to let the Contract to a contractor approved by that body in order to receive the funding;

6.6.6 where a purchase is made at a public auction; 6.6.7 the Contract is by means of the creation of an arms-length trust or other agency that

has been approved by Council; 6.6.8 the purchase is via a Buying Agency, provided that the Buying Agency has, for the

item(s) concerned, complied with the EU and Public Procedure Rules where the contract exceeds the EU threshold;

6.6.9 the purchase is to be made using standing arrangements or select list of another local

authority, government department, statutory undertaking or Buying Agency;




6.6.10 where the Contract is an extension to an existing contract, where a change of supplier would cause:-

i. disproportionate technical difficulties; ii. diseconomies; or iii. significant disruption to the delivery of Council services.

Provided that: a. no contract is extended more than once without being formally re-tendered; b. the extension period is less than the period applying to the original contract.

6.7 Any exemptions granted for more than one year must be formally reviewed annually and either

reconfirmed or amended. 6.8 All purchases via the OGC that are under the terms of any Customer Access Agreement

entered into with the Lords Commissioners of HM Treasury, are deemed to comply with the competition requirements of Contract Standing Orders and no exemption is required.

CSO7 CORPORATE PROCUREMENT STRATEGY 7.1 These Contract Standing Orders must be read in conjunction with the Corporate Procurement

Strategy which sets out the Council’s strategic objectives for procurement and key procurement policies. This is available via the Corporate Procurement Officer and or the Councils website.

CSO8 ADVICE AND GUIDANCE 8.1 It is a MANDATORY requirement that advice and guidance on all procurement activities equal

to and above £10,000 MUST be sought on the first instance from PGG. 8.2 Notwithstanding 8.1, advice and guidance can be obtained from PGG by any Officer who

wishes to participate in a procurement activity or of any value. 8.2 Advice on compliance with legislative requirements may be obtained from the Monitoring

Officer. CSO9 ETHICS AND PROBITY 9.1 In all their dealings, Members and Officers of the Council shall preserve the highest standards

of honesty, integrity, impartiality and objectivity. This includes compliance with the Members’ Code of Conduct and the Employees’ Code of Conduct and Protocols.

9.2 The Democratic Services Manager shall maintain a Register to be kept for the purpose

particulars of any notice given by an Officer of the Council of a pecuniary interest in a contract.




9.3 Contracting Officers must declare to the Human Resources Section any declaration of interest if

it may or may not have an impact on their procurement activity. CS010 PROCUREMENT PLAN 10.1 As soon as possible after the commencement of each financial year, the PGG shall prepare a

Procurement Plan setting out information as shown on current and those contracts to be awarded in the period covered by the plan.

10.2 The information to be included in the Procurement Plan in accordance with 10.1 and the

procedures for publishing and maintaining the plan are set out in the Procurement Code. 10.3 In compliance with EC Rules, prior information notices and contract award notices shall be

published in respect of contracts to which the EC Rules apply and a statistical return shall be completed each year (see Appendix 2).

10.4 The Procurement Plan shall set out at least the following information in respect of Contracts

whose total estimated value equals or exceeds £10,000: -

10.4.1 Current Contracts

i. Title; ii. Summary description; iii. Total contract value; iv. Contract Manager; v. Contractor; vi. Commencement date; vii. Expiry date (with options)/estimated completion date.

10.4.2 Contracts to be awarded in the next 12 months

i. Title; ii. Summary description; iii. Total estimated value; iv. Project Manager; v. Estimated date of OJEU notice; vi. Estimated commencement date; vii. Estimated duration/completion date.

10.5 The Procurement Plan shall indicate which Contracts are Major Projects (medium to high risk).

Contracts with a total estimated value of £1 million or more are automatically classed as Major Projects. However, Heads of Service are responsible for identifying other Major Projects on the basis of an initial risk assessment in consultation with the Corporate Director (Resources).

10.6 In respect of each Major Project, in addition to the information specified above, the Procurement

Plan shall incorporate:- 10.6.1 indicative project plans showing major milestones; and 10.6.2 a high level description of the benefits being sought.




10.7 The Procurement Plan shall be continuously updated to incorporate requirements that were not foreseen at the beginning of the financial year.

10.8 The Senior Management Team of the Council is the Monitoring Group for the Major Projects

Programme. It shall consider the Procurement Plan at the beginning of each financial year and in respect of Major Projects shall receive periodic summary reports setting out progress:-

10.8.1 against project plans (projects in procurement); and 10.8.2 regarding the realisation of benefits (operational contracts).

CSO11 AGGREGATION RULES 11.1 Where a single purchase involves more than one Contract the estimated value of all the

Contracts must be aggregated to decide whether the EU Threshold is reached. 11.2 For the purposes of aggregation of a particular procurement, the total value of that procurement

must be considered, not just the Service Area making the acquisition under consideration. For example, if each of 3 Service Areas wish to acquire a common item (e.g. stationery), worth £10,000 p.a. over 6 years, the total value to be considered is £180,000 (i.e. 3 x £10,000 x 6), not £10,000 or £60,000. This is then above the EU Threshold for advertising.

11.3 It is the responsibility of Contract Officers for ensuring that consideration for aggregation has

been applied. 11.4 Whole-life cost

11.4.1 For the purpose of Contract Standing Orders, Best Value as a basis for awarding contracts is defined as the optimum combination of whole life cost and quality or fit for purpose to meet the Councils requirements.

11.4.2 The criterion to be applied is not only the lowest initial price. 11.4.3 Whole-life cost takes into account all aspects of cost over time including, for example,

capital, consultants, training, management, operation, energy, water consumption, security, facilities management and disposal costs.

11.4.4 The ability to recover value from waste (recyclables, reusability etc.) can reduce whole-

life costs. 11.4.5 For Major Projects, including large equipment and service contracts and construction

projects, whole-life cost may be very different from, and only loosely related to, initial price.

11.4.6 Higher initial expenditure in return for a better quality solution to the Clients

requirement (including better environmental performance) could be offset by, for example, lower maintenance costs, longer life or higher residual value and therefore justified on cost grounds.

11.4.7 However, a better quality solution to the Councils requirement (e.g. where high service

standards are agreed) can add to whole-life cost.




11.4.8 Spend-to-save effects need to be considered. For example, specification of higher levels of insulation may be justified where expenditure can be recouped through lower energy costs. Conversely, less energy-efficient ICT equipment may cause more heat and add to electricity bills because air conditioning systems have to work harder as a consequence.

11.4.9 In all cases it is for the Contracting Officer to consider carefully whether increased

benefits to the Council are affordable and justify higher cost. 11.4.10 In reaching a decision on which tender offers Best Value non-commercial matters may

be taken into consideration. However, prior to the decision, Contracting Officers must consult and take advice from the Corporate Procurement Officer.

CSO12 TENDERING PROCEDURES BELOW EU THRESHOLD 12.1 The Council must comply with EU Rules (and in particular the free movement of goods, freedom

to provide services, free movement of workers and the right of establishment). 12.2 The general principles of EU Legislation that applies to the award of all contracts regardless of

the EU thresholds are:-

12.2.1 Transparency; 12.2.2 Non-discrimination; 12.2.3 Equal treatment; 12.2.4 Proportionality; 12.2.5 Mutual recognition.

12.3 Voluntary OJEU Notice Route

12.3.1 An Officer of the Council or a Contracting Officer may publish an OJEU notice regardless of the EU threshold in respect of any contract or a contract to which minimum requirements apply. In such cases, the EU Rules apply in full and must be strictly observed. Selective tendering within the meaning of this Code is not permitted if a voluntary OJEU notice is published.

12.4 Local Contract Notice Route

12.4.1 The notice of the Contract shall be placed in a media(s) under the advice and guidance of the Corporate Procurement Officer;

12.4.2 The notice shall include substantially the same information as required under the EU

Rules but need not take the prescribed form; 12.4.3 The minimum number of invitees to tender shall be FOUR or such other number (if

fewer) as meet the Council’s pre-qualification criteria.




12.5 Selective Tendering/ Quotation Route

12.5.1 When embarking on Paragraph 12.5, all Contracting Officers MUST consult with the Corporate Procurement Officer for guidance.

12.5.2 The Contracts Officer may determine that it is in the best interests of the Council to

award a contract to which minimum EU requirements apply by inviting to tender or quote in accordance with the Council’s Invitation to Quote or Invitation to Tender Procedure. This may include using the Select List (selective tendering/quotation). In such cases:-

i. The minimum time limit for submission of tenders shall be 14 calendar days; ii. The minimum number of persons invited to tender shall be FOUR or, where fewer

than four persons are approved for a contract of the relevant category and amount or value, the select list of Approved Supplier Rules shall apply.

12.6 Pre tender/quotation enquiries

12.6.1 Enquiries of contractors may be made before quotations are invited in order to:-

i. establish whether goods, works or services the Council wishes to purchase are available, and within what price range;

ii. prepare the invitation to quote, price estimates and contracts; iii. establish whether particular contractors wish to be invited to quote.

12.6.2 In making enquiries:-

i. no information shall be disclosed to one contractor which is not then disclosed to

all those of which enquiries are made, or which are subsequently invited to quote; ii. no contractor shall be led to believe that the information they offer will lead to

them being invited to quote, or awarded the contract; iii. a written record, including any communication made and notes of any meeting

held, the responses and the names of all individuals present shall be kept by the responsible Officer on the contract file.

12.7 Procedure for Obtaining Tenders / Quotations

12.7.1 Contracting Officers MUST follow the Council’s Financial Rules. 12.7.2 They must also ensure that they obtain value for money and to apply the principles of

Best Value at all times. 12.7.3 Values Under £10,000

i. ONE quote should be obtained where the value is below £10,000 and evidence

retained to support the decision, process, and achievement of best value. ii. Quotations under £10,000 may be accepted by the relevant Head of Service. If

this is within their delegated Authority limits.




12.7.4 Values over £10,000 but under £50,000

i. THREE written quotations shall be obtained to a deadline. 12.7.5 Values over £50,000

i. A FULL tender process shall be carried out and FOUR quotes shall be obtained to a deadline.

CSO13 SELECT LIST PROCEDURE 13.1 Where a Select List of contractors exists the selective tendering process maybe used. If used a

minimum of FOUR tenderers shall be invited to tender from that list for the relevant work and value band.

13.2 The successful tenderer and the runner-up from the last contract of a similar nature let within

the previous twelve months (subject to satisfactory performance in the case of the previously successful tenderer), together with TWO new contractors selected from the list on a rotation basis shall be invited to tender.

13.3 If there are less than FOUR tenderers on the list for the category of work and value to which the

proposed contract relates, tenderers shall be selected from the list for the higher value for the same category of work, to equal FOUR in total.

13.4 If the Officer is unable to source four tenderers from the list then the Officer must seek and

follow the advice and guidance from the Corporate Procurement Officer. 13.5 Advertisement 13.5.1 Where no Select List exists for a type of contract:-

i. An advertisement shall be placed on the Council’s Website, in the press and at least one journal circulating amongst persons, companies or firms undertaking the relevant work.

13.5.2 The advertisement should contain the following information:

i. The nature of the contract; ii. An invitation for interested parties to register their interest and to provide proof

of their technical ability, financial standing and any other information required for short-listing purposes, including their Construction line reference if appropriate;

iii. The latest date and time by which the information shall be received by the

Council stating the name and address of the Officer to whom the information should be sent;

iv. Confirmation that any information supplied may be used to compile future lists

for the same type of work within a three-year period.

13.5.3 All interested parties, persons, companies or firms shall be vetted vigorously.




CSO14 SUBMISSION AND OPENING OF TENDERS/QUOTATIONS 14.1 Every tender or quotation equal to or exceeding the value of £10,000 submitted in pursuance of

these Contract Standing Orders shall be by post (emails and faxes will not be accepted) and addressed to the Democratic Services Manager in a sealed envelope endorsed with the word ‘Tender’ followed by the subject to which it relates but shall not bear any mark indicating the Contractor, save where alternative methods of delivery have been authorised by the Corporate Director (Resources).

14.2 Any invitation to tender/quote shall name the latest date and time for the delivery of tenders and

the address to which such tenders are to be sent. 14.3 Tenders/Quotations shall be kept safe by the Democratic Services Manager and unopened until

the time and date specified for their opening. No tender received after the time and date specified in the invitation shall be considered unless the Corporate Director (Resources) is satisfied that there is evidence of it having been despatched in sufficient time for it to have arrived before the closing date and time.

14.4 Tenders/Quotations shall be opened at one time and in the presence of the Contracts Officer by

the Corporate Director (Resources) or an Officer of the Council designated by him (or if the Corporate Director (Resources) is the Contracts Officer, the Monitoring Officer or an Officer of the Council designated by him/her.

14.5 Appropriate records shall be maintained in accordance with CSO 15. 14.6 Late tenders shall be opened after a tender has been accepted to ascertain the name and

address of the tenderer so that it may be returned promptly by the appropriate Corporate Director/Head of Service. The tenderer shall be notified that the tender was not considered due to its receipt after the latest specified date and time.

14.7 The Democratic Services Manager or a designated representative shall, at the time tenders are

so opened, record in a Register of Tenders maintained for that purpose the information specified in the Procurement Code.

CSO15 REGISTER OF TENDERS 15.1 The Democratic Services Manager shall, at the time tenders are opened pursuant to CSO 14,

record in the Register of Tenders:

15.1.1 The nature of the goods to be supplied or work or services to be provided; 15.1.2 The name of each person by or on whose behalf tenders were submitted; 15.1.3 Where practicable, the amount of such tender. Where it is not possible to insert the

amount of each tender immediately, this information shall be added as soon as possible and in any event within one month after the tender is opened;

15.1.4 The date and time of opening the tenders;




15.1.5 The names and signatures of all persons present at the opening of the tenders and the name of the department or departments and officer or officers principally concerned in the letting of the contract;

15.1.6 When the additional information has been inserted under the third bullet point above,

the name and signature of the person or persons making such insertion and the date and time when such changes was made.

CSO16 ACCEPTANCE OF TENDERS/ QUOTATIONS 16.1 Where tenders/quotations have been received and opened in accordance with these Contract

Standing Orders, the Contracts Officer shall examine the tenders received, carry out any negotiations as authorised by Procurement Code and shall satisfy himself that:-

16.1.1 All approvals required by the Council’s Constitution have been obtained, the budget is

in place together with any necessary consents, permissions or other approvals (including loan or other financial approvals);

16.1.2 The tender/quotation is compliant with the invitation and, in particular, meets any

specification or requirements or contract terms set out in or detailed in that invitation; 16.1.3 Where appropriate, and if necessary by taking specialist advice, the quantity, quality or

safety of any goods, materials, services or works is likely to be satisfactory; and 16.1.4 By reference to an estimate, where appropriate, the lowest tender/quote (if payment is

to be made by the Council), or the highest tender (if payment is to be made to the Council) is the tender/quote which offers Best Value.

16.2 Where the tender which represents Best Value in the opinion of the Contracts Officer is not the

lowest tender/quotation (if payment is to be made by the Council) or the highest tender/quotation (if payment is to be made to the Council) then the Contracts Officer shall by written report refer the matter to the appropriate Committee or individual holding Delegated Authority for decision.

CSO17 EVALUATION OF TENDERS/QUOTATIONS 17.1 Compliance

17.1.1 Tenders/quotation shall be examined for compliance with the Council’s requirements, contract conditions and technical specifications.

17.1.2 Non-compliant (“qualified”) tenders/quotes shall be automatically rejected. 17.1.3 If all tenders are rejected on the grounds of non-compliance, the procedure shall be

discontinued, in which case the Contracting Officer must follow the decision of PGG as to whether the procedure should be recommenced.

17.1.3 The Section 151 Officer shall be satisfied that appropriate financial enquiries have been

made.




17.2 Most Economically Advantageous Tender (MEAT Evaluation)

17.2.1 Any award of contract must be based on the Most Economically Advantageous Tender (MEAT).

17.2.2 A tender/quote may be rejected on the grounds that it fails to meet the MEAT criteria. 17.2.3 Elements of MEAT criteria must include price and may include other criteria including:-

i. Technical aspects; ii. User Views; iii. Quality; iv. Environmental Issues; v. Aesthetic Consideration.

17.2.4 Criteria used must be:-

i. Agreed in advance and applied equally to all tenders; ii. Appropriate to the subject matter of the tender; iii. A legitimate client interest; iv. Competitive.

17.2.5 Weighting must be given to each criteria used, which reflect the importance of each

aspect required for that particular type of contract. As part of the criteria, Price must have a weighting of no less than 25%. The remaining number of criteria used must be greater than one and have a combined weighting of 75%.

17.2.4 Scoring for each element of the MEAT criteria shall be consistent across all tenders. 17.2.5 The Council’s Pre Qualification Questionnaire and Tendering Evaluation Matrix are

available on the Councils Intranet and on request through the Corporate Procurement Officer.

17.3 Errors and omissions

17.3.1 Where, upon examination it becomes clear that there is a clerical error in a tender/quote caused by the tenderer, then that tender/quote shall be considered as if such error had been corrected and a tender/quote shall not be invalidated by such a clerical error unless such error is of such a nature as to render it unclear as to what the terms of the tender/quote are.

17.4 Clarification/ Adjustments

17.4.1 Tenderers or those quoting may be invited to clarify their tenders/quotes. If, on clarification, adjustments are required by or on behalf of the Council, such adjustments may be agreed between the Contracting Officer and the person or body submitting the Best Value tender/quote, provided that all the persons who have submitted a compliant tender/quote in respect of the same proposed contract shall be informed of the




proposed adjustment, and any decisions in relation to acceptance of a tender/quote as to which offers Best Value shall only be taken after such adjustment has been made. Tenderers will be given the opportunity of confirming or withdrawing once the adjustment has been identified.

17.4.2 All adjustments made in pursuance of Paragraphs 17.3 and or 17.4 shall be entered in

the Tender/Quotation Register. CSO18 EXECUTION OF CONTRACTS 18.1 Every Contract to be entered into by or on behalf of the Council that equals or exceeds in value

(in money or money’s worth):-

18.1.1 £100,000 shall be in writing and sealed by affixing the Common Seal of the Council and attested by the Mayor and the Head of Legal and Democratic Services or other as set out in General Standing Orders;

18.1.2 Over £10,000 but less than £100,000 shall be in writing and signed by two Officers of

the Council at least one of which is the Head of Legal and Democratic Services; 18.1.3 Up to £10,000 shall be in writing and signed by Head of Service who shall maintain a

record of such Contracts which may be inspected by the Monitoring Officer or PGG at any time.

18.2 Every Contract exceeding £10,000 in value shall be evidenced in writing in a form approved by

the Monitoring Officer. 18.3 A record of each contract executed in accordance with Paragraph 18.1 above shall be entered in a Register of Contracts maintained for that purpose by the Head of Legal and Democratic Services. 18.4 If after acceptance of its tender a Contractor fails within a reasonable period of time and without

reasonable justification to sign or enter into a formal written Contract, the Council reserves the right to withdraw the Contractor from the Contract. This decision to withdraw a Contractor is the responsibility of the Corporate Director (Resources) in consultation with the Head of legal and Democratic Services.

CSO19 REGISTER OF CONTRACTS 19.1 The following information shall be recorded in the Register of Contracts by the Corporate

Procurement Officer in respect of each contract to which CSO 5.3.3 applies:-

19.1.1 Title of contract; 19.1.2 Total estimated value; 19.1.3 Name of contractor; 19.1.4 Contract price or rate; 19.1.5 Contract Administrator for the Council;




19.1.6 Commencement date; 19.1.7 Duration (specifying options)/completion date; 19.1.8 Contract Variations; 19.1.9 Addendums to Contracts.

CSO20 CONTRACT CONDITIONS 20.1 Contracting Officers must include the following to all contracts that they intend to let and not

isolate these from the Tender Document or specification. If in doubt then Contracting Officers must seek advice and guidance from PGG:

20.1.1 Letters of Intent/Letters of Acceptance

i. Contract award must take the form of a letter of acceptance of the successful tender.

ii. Letters of Intent are prohibited under the Council's Standing Orders unless

special authority is obtained from the Head of Legal and Democratic Services. iii. In any event, neither Letters of Intent nor Letters of Acceptance can be issued by

consultants. Such letters can only be issued by those Officers or Members with the relevant authority to bind the Council as set out in the Constitution.

20.2.1 Supervision of Contract by person other than a Council Officer

i. It shall be a condition of any Contract between the Council and any person who

is required to supervise a Contract on behalf of the Council that, in relation to such Contract, that person shall undertake to comply with Contract Standing Orders and the Procurement Code and shall comply with them, and shall by virtue of that condition be deemed to have been designated a Contracting Officer for the avoidance of doubt this includes consultants.

20.3.1 Prohibition on assignment or sub-letting

i. Every written Contract shall contain a condition prohibiting (unless the Industry

Standard form of Contract otherwise provides) the Contractor from transferring or assigning, directly or indirectly to any persons whatsoever, any portion of the Contract without the prior written permission given for, or on behalf of the Council by the Contracting Officer or some other duly authorised person, or from sub-letting any portion of his contract other than that which may be customary in the trade concerned.

20.4.1 Cancellation of Contract in case of corruption

i. Every written Contract shall include an express clause allowing the Council to

cancel the Contract and to recover from the Contractor any amount of loss resulting from such cancellation.




ii. If the Contractor or any person on his behalf shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or the execution of the Contract or any other Contract with the Council or for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other Contract with the Council or if the like acts shall have been done by any person employed by him or acting on his behalf (with or without the knowledge of the contractor) or if in relation to any Contract with the Council the Contractor or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruption Acts 1889 to 1916 or shall have given any fee or reward the receipt of which is an offence under Sections 117(2) and (3) of the Local Government Act 1972 or any amendment or re-enactment thereof.

20.5.1 Failure to Perform the Contract

i. Every written Contract shall include an express condition that should the

contractor fail to carry out the work or deliver the goods or deliver any portion thereof, or perform the service (as the case may be) within the time specified in the contract.

ii. The Council, without prejudice to any other remedy available for breach of

contract, shall be free to terminate the contract either wholly or in part or to the extent of such default and to provide for the carrying out of the work by other means. The purchase of other goods or the performance by other means of the service (as the case may be) to make good such default, or in the event of the contract being wholly determined, the work not carried out, the goods remaining to be delivered, or the performance of the additional services required under the contract.

iii. The condition shall further provide that the amount by which the cost of providing

for the carrying out of the work by other means or the purchase of other goods or the performance of substitute services exceeds the amount that would have been payable to the contractor had he performed the contract or a portion thereof within the time or times specified therein shall be payable by the contractor.

20.6.1 Break Clause

i. In every Contract a Break Clause should be included giving the Council the

flexibility to break the contract over a reasonable period of time.

ii. If this is not practical then seek advice and guidance with PGG. 20.7.1 Statutory Obligations and Regulations

All tenderers must comply and provide documentary evidence of the following if requested by the Council:-

i. Equal Opportunities

a. The Tenderer shall operate an equal opportunities policy to fulfil their

obligations under this Agreement.




ii. Discrimination

a. The Tenderer shall not unlawfully discriminate within the meaning and scope of any law, enactment, order, or regulation relating to discrimination (whether in race, gender, religion, disability, sexual orientation or otherwise) in employment.

iii. Health and Safety

a. It is the responsibility of the Tenderer to ensure that Health and Safety

requirements are met specific to the delivery of the Services. b. The Tenderer shall adopt safe systems of work and comply with all health

and safety requirements including those of the Health and Safety at Work etc Act 1974.

iv. Environmental Requirements

a. The Tenderer shall, when working on the Council’s premises, perform the

Agreement in accordance with the Council’s Environmental Policy, which is to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

v. Security of Confidential Information

a. Information supplied in the course of this Agreement, whether oral, written, or otherwise shall be treated as confidential and that no disclosure will be made to third parties of the terms or effect of this Agreement save as maybe reasonable for the purpose of a pursuit of obligations of the Agreement.

b. In order to ensure that no unauthorised person gains access to any

Confidential Information or any data obtained in the performance of the Agreement, the Tenderer undertakes to maintain security systems approved by the Council.

c. The Tenderer will:

i. ensure that no unauthorised person gains access to any

Confidential Information or any data obtained in the performance of the Agreement, the Tenderer undertakes to maintain security systems approved by the Council.

ii. immediately notify the Council of any breach of security in relation

to Confidential Information and all data obtained in the performance of the Agreement. Records of such breaches must be kept by the Tenderer.

iii. use all its best endeavours to recover such Confidential

Information or data however it may be recorded. The Tenderer will co-operate with the Council in any investigation that the Council considers necessary to undertake as a result of any breach of security in relation to Confidential Information or data.




d. The Council may require the Tenderer to alter any security systems at

any time during the Agreement Period at the Tenderer’s own expense. vi. Data Protection Act 1998 (DPA)

a. The Tenderer shall (and shall procure that any of its Staff involved in the provision of this agreement) be registered under the Data Protection Act 1998 and both parties will duly observe all their obligations under the Act which arise in connection with the Agreement.

b. The Tenderer acknowledges that the Council is subject to the

requirements of the DPA and shall assist and co-operate with the Council (at the Tenderers own expense) to enable the Council to comply with information disclosure requirements.

vii. Freedom of Information Act 2000 (FOIA)

a. The Tenderer acknowledges that the Council is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and co-operate with the Council (at the Tenderers own expense) to enable the Council to comply with these information disclosure requirements.

viii. Publicity and Media

a. Without prejudice to the Council’s obligations under the FOIA, the

Tenderer shall not make any press announcements or publicise the Agreement or any part thereof in any way, unless agreed in writing by the Council.

ix. Intellectual Rights

a. All Intellectual Property Rights in any material furnished to, prepared by or made available to the Tenderer for use, or intended use, in relation to the performance of this Agreement shall belong to the Council. The Tenderer shall not, and shall procure that the Tenderer’s employees, servants, agents, suppliers and sub-contactors shall not, (except when necessary for the implementation of the Agreement) without prior Approval, use or disclose any such Intellectual Property Rights, or any other information (whether or not relevant to this Agreement) which the Tenderer may obtain in performing the Agreement except information which is in the public domain.

x. Audit and National Audit Office

a. The Tenderer shall keep and maintain until seven years after the Agreement has been completed, or as long a period as may be agreed between the Parties, full and accurate records of the Agreement including the Services provided under it, all expenditure reimbursed by the Council, and all payments made by the Council.

b. The Tenderer shall on request afford the Council or the Council’s

representatives such access to those records as may be required by the Council in connection with the Agreement.




20.8.1 Standards and Proprietary Names

i. Where a relevant British standard specification or British standard Code of

Practice is specified in the tender it shall require that any services, works, supplies and utilities provided or executed shall accord with that defined standard or the European equivalent.

ii. No tender documentation shall make reference to materials, goods or any other

item of a specific make, source or to a particular process, or references to trade marks, patents, origin or means of production where such reference has the effect of discriminating between any particular organisation.

CSO21 POST- CONTRACT MONITORING AND EVALUATION 21.1 During the life of the Contract the Officer must rigorously monitor the Contract and the

Contractor in respect of:

21.1.1 Performance; 21.1.2 Compliance with Specification and contract; 21.1.3 Cost; 21.1.4 Any Best Value requirements; 21.1.5 User satisfaction and risk management and in accordance with any

corporate guidance. 21.2 Where the Total Value of the Contract exceeds £50,000, the Contracting Officer must make a

written report to PGG, evaluating the extent to which the purchasing need and the contract objectives (as determined and applied in accordance with these Contract Standing Orders) have been met.

21.3 A report at set out in clause 21.2 above should normally be done when the contract is

completed and will provide feedback to Officers and Members as to the success or otherwise of the contract and the contracting processes. However, Contracting Officers can approach PGG at any time during the life of the Contract or if the total life cost is less than £50,000 for advice and guidance.

21.4 Where the Contract is to be re-let, a provisional report should also be available to PGG early

enough to inform the approach to re-letting of the subsequent contract. 21.5 The Contracting Officer should aim, where practicable, to ensure that payments made to a

principal contractor are paid on time and that when paying progress payments to principal contractors, the payments flow down the supply chain (NB: it is regarded as good practice in providing support to Small to Medium Enterprises (SME’s).

21.6 For the avoidance of doubt the Corporate Procurement Officer is available to provide guidance

on how to administer CSO 21. Contracting Officers are advised to consult the Corporate Procurement Officer if the need arises.




CSO22 BONDS AND GUARANTEES 22.1 A contractor may be required to enter into a Corby Borough Council Guarantee Bond and/or a

Parent Company Guarantee, in such form as may be approved by the Monitoring Officer, in respect of any contract that equals or exceeds in value the £100,000.

22.2 Consideration shall be given to the risk involved in all cases and Bonds/Parent Company

Guarantees required in other appropriate cases as specified by the Monitoring Officer and a Section 151 Officer.

22.3 Where it is proposed to waive the need to require a Bond or Parent Company Guarantee a

waiver form shall be completed and signed by the Council’s Monitoring Officer and shall include reasons for the waiver. The relevant document and procedural guidance is available through the Corporate Procurement Officer.

CSO23 APPROVED CONTRACTORS 23.1 The Council may compile and maintain a Select List of Approved Contractors compiled by the

Democratic Services Manager. 23.2 The Select List Procedure shall be used where it has been compiled. The rules for using Select

Lists and other procedures are set out in CSO 12 and the Procurement Code. 23.3 At least FOUR weeks before the Democratic Services Manager compiles any part of the Select

List of Approved Contractors, notices inviting applications shall be published on the Councils Website (when made available), in at least ONE newspaper (including a local newspaper) and in at least ONE journal /newspaper circulating among persons, companies or firms undertaking the relevant category or categories of contract.

23.4 Only persons, companies or firms whom the Democratic Services Manager, having made any

reasonable enquiries, considers qualified in accordance with the Council’s Pre-Qualification Criteria and in all respects suitable may be included in the Select List. Before including a person on the Select List the Democratic Services Manager shall consult the Head of Financial Services.

23.5 The Select List shall indicate the category or categories of contract and the values or amounts in

respect of which the persons, companies or firms included therein have been approved. 23.6 The lists shall be reviewed on a rolling programme whereby each person, company or firm

whose name appears on the list shall be asked whether they wish to be included in the list under review and new Contractors may apply for inclusion and existing Contracts may apply to have existing financial limits reviewed.

23.7 The Contracting Officer may at any time request removal or suspension from any part of the

Select List maintained by him any person:

23.7.1 at the request of the person; 23.7.2 where, after reasonable financial and other enquiries, the person is considered by the

Head of Financial Services not any longer to be in all respects suitable for inclusion;




23.7.3 where the conduct of the person in relation to a contract has been in the opinion of the Contracting Officer unsatisfactory, evidence of conduct shall first be considered by the Corporate Director (Resources) in consultation with the Head of Legal and Democratic Services and by Committee if he/she considers this appropriate;

23.7.4 where the person is found after reasonable enquiry to be no longer trading or no longer

engaged in the type of work in respect of which he was included in the Select List; 23.7.5 in the event that a Contractor on a Select List is invited to tender or quote and fails to

respond in writing to the Council on three consecutive occasions, the Monitoring Officer and Section 151 Officer will be authorised to suspend or exclude the Contractor from that List pending its review;

23.7.6 and on the first and second grounds specified above, may at any time alter the

categories of contract and the value or amounts in respect of which a person included in the Select List has been approved.

23.8 Where the Democratic Services Manager removes or alters an entry in the Select List he shall

indicate in the Select List against that entry the date from which the removal or alteration takes effect, and shall advise the person whose name appears on the Select List.

23.9 The Democratic Services Manager shall, at least every three years, review each entry in that

part of the Select List maintained by him and may add the name of any person, alter an existing entry or remove the name of a person. At least every three years, notices inviting applications from persons not already included in the Select List shall be published in accordance with Paragraph 23.3.

23.10 A Councillor for the purposes of his duty as such (in accordance with common law), shall be

entitled to inspect the Select List. CSO24 USE OF CENTRAL GOVERNMENT CATALOGUES 24.1 Where permitted by PGG, Central Government Catalogues may be used and orders issued in

accordance with the relevant catalogue procedure. 24.2 The relevant Head of Service shall obtain:

24.2.1 for any procurement of a Contract with a Net Value of up to £50,000 at least one (1)

quotation from those Organisations appearing on such list; or 24.2.2 for any procurement of a Contract with a Net Value of £50,001 or more a minimum of

three (3) quotations from those Organisations appearing on such list and a “mini-tendering exercise”.

24.2.3 the relevant Head of Service must record in writing the process used to determine the

number of quotations obtained and the reason for selecting Organisations to quote. Such records shall be maintained for a minimum period of seven (7) years from the date of recording.




CS025 FRAMEWORK / CONSORTIUM AGREEMENTS 25.1 Before promoting the procurement of a new or joining a pre-existing framework or consortium

arrangement, PGG must be satisfied that such an approach represents the most economically advantageous solution for goods, services, works, supply or utility provision and with regard to the EU Rules on the use of such arrangements.

25.2 Before procuring or entering into a framework or consortium arrangement, the Corporate

Director (Resources) shall be satisfied that:

25.2.1 the term of the arrangement shall be or is for a period of no longer than four years duration;

25.2.2 the terms and conditions of the arrangement do not compromise the Council’s

contractual requirements; 25.2.3 the parties to the arrangement are recognised public bodies or providers from the

private sector as approved by the Corporate Procurement Officer; 25.2.4 full, open and proper competition in respect of the creation of the framework or

consortium arrangement has taken or will take place in accordance with the relevant EU Rules and/or relevant Standing Orders.

25.3 Rules governing Frameworks and Consortium Agreements are complex and early advice must

be sought from the Corporate Procurement Officer, PGG and if necessary from the Head of Legal and Democratic Services.

CSO26 APPOINTMENT AND USE OF EXTERNAL CONSULTANTS 26.1 A Code of Practice for the appointment and use of an External Consultant has been compiled by

the Corporate Procurement Officer and must be followed. 26.2 This Code gives Officers of the Council guidance on the procedure that must be adopted when

consideration is given for the appointment and use of an External Consultant as long as there is clear evidence that there is no internal expertise or resource available for a particular project and there has been a clear identification of need.

26.3 Information concerning the Codes of Practice is available through the Corporate Procurement

Officer, from where advice can also be sought.

CSO27 EXTERNAL COUNSEL AND THE USE OF OTHER LEGAL ADVISORS 27.1 Instructions to, or a Brief to External Counsel shall only be prepared and issued by the Head of

Legal and Democratic Services in respect of any matter. 27.2 Before instructing or briefing External Counsel, the Head of Legal and Democratic Services shall

take all reasonable steps to obtain an oral quotation from Counsel’s clerk. Where the Head of Legal and Democratic Services anticipates that the Net Value of Counsel’s fees will exceed £50,000, the Head of Legal and Democratic Services shall take all reasonable steps to obtain




fee quotations from three (3) different Counsels’ Chambers for Counsel of comparable experience and seniority unless, in the opinion of the Head of Legal and Democratic Services it is not practicable or appropriate to do so.

27.3 The Head of Legal and Democratic Services must record in writing the number of quotations

obtained and the reason for selecting those Organisations to provide quotations. 27.4 27.1 to 27.3 equally apply to other Legal Advisors. CS028 FAILURE TO COMPLY WITH CONTRACT STANDING ORDERS 28.1 It is the responsibility of the Heads of Service to ensure that all Contracting Officers are provided

with a copy of these Contract Standing Orders at the time of approval being granted. 28.2 Contracting Officers MUST ensure that there is an audit trail of all documents. 28.3 Failure to adhere to these Contract Standing Orders will be investigated under the Authority’s

Disciplinary Policy and Procedure and may result in Disciplinary Action.




APPENDIX 1: DEFINITIONS In these Contract Standing Orders the following expressions have the following meanings: (1) ‘Aggregation’ shall mean rules that are part of the EU Regulations and are designed to prevent

artificial packaging of contracts to avoid the application of those regulations. (2) ‘Agreement’ shall mean types of agreements which are not legally enforceable. Examples of

these are Grant Agreements and Service Level Agreements. (3) ‘Best Value’ shall mean the optimum combination of whole life cost and quality (or fitness for

purpose) to meet the customer’s requirement assessed in accordance with the Procurement Code.

(4) ‘Central Government Catalogues’ means those lists and procedures known as S-Catalyst

(services), G-Catalyst (goods), L-Catalyst (legal). (5) ‘Committee Approval’ means allocation of a budget as set out in the Budget Book or as

amended by any virement in line with Financial Rules through Committee, Delegated Authority or Waiver.

(6) ‘Constitution’ shall mean the document adopted by Corby Borough Council which sets out how

the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people.

(7) ‘Contract’ shall mean agreements which are legally enforceable (whether or not in writing),

between the Council and one or more other parties in respect of: (a) the acquisition of goods, materials services or facilities or the execution of any works (excluding contracts of employment)

(b) the disposal of goods so defined; and (c) includes an agreement with the financier, or any insurer of or trustees for the financier of

a kind described in Section 1(2) of the Local Government (Contracts) Act 1997. (8) ‘Contracting Officer’ shall mean an Officer of the Council who is responsible for ensuring

Council finances are spent in accordance with Financial Rules, Standing Orders and Legislation. For the purposes of these Standing Orders this includes any person, whether an employee of the Council or not (e.g. an Approved Officer, Agent or an appointed Consultant) who has been designated to manage or supervise, in whatever capacity on behalf of the Council.

(9) ‘Contractor’ shall mean a 3rd party, person, firm or company who or has submitted a quotation

or tender, which has been accepted by or on behalf of the Council and has entered into a Contract with the Council.

(10) ‘Consultant’ shall mean a business or an individual who provides external professional

services. (11) ‘Council’ shall mean Corby Borough Council. (12) ‘Council's Standing Orders’ shall mean all of Part 4 of the Constitution. This includes the

Standing Orders relating to decision making by the Council, Standing Orders Relating to Staff and Contract Standing Orders.

(13) ‘EC Threshold’ shall mean the threshold values that determine by EU Rules.




(14) ‘EU Rules’ shall mean broadly to encompass not only the EU Regulations but also general

Europe principles such as non-discrimination and transparency. (15) ‘Financial Regulations’ shall mean Part --- of the Constitution and set out the rules and

procedure, which govern financial management and control within the Council. (16) ‘Monitoring Officer’ shall mean the Officer under Section 5 of the Local Government and

Housing Act 1989 responsible for the proper administration of the Council’s legal affairs. This Officer is currently the Head of Legal and Democratic Services.

(17) ‘OJEU Notice’ shall mean a notice sent for publication in the Official Journal of the European

Union (OJEU) to advertise contracts that are to be let under the EU Regulations. (18) ‘Organisation’ means an individual or persons, unincorporated association, partnership, limited

liability partnership, charitable trust, incorporated association, other local authority, statutory body or government department;

(19) ‘PQQ or Pre Qualification Questionnaire’ shall mean a document used to assess whether the

potential tenderers meet the Council's minimum requirements in terms of financial standing, technical capacity and technical expertise.

(20) ‘Procurement’ shall mean the process in which a body obtains, monitors, controls and

completes the acquisition of goods, works and services from 3rd parties. (21) ‘Procurement Plan’ shall mean the procurement plan prepared in pursuance of CSO 10. (22) ‘Purchasing Gateway Group’ (PGG) shall mean a body set up to advice the Council on its

Procurement Procedures. (23) ‘Relevant EU Thresholds’ shall mean the threshold values that determine the application of

the EC Rules and UK Legislation as identified by the OGC. (24) ‘Register of Contracting Officers’ shall mean the register of Contracting Officers. (25) ‘Register of Contracts’ shall mean the register of contracts entered into by the Council. (26) ‘Register of Tenders’ shall mean the register of tenders received by the Council. (27) ‘Regulations’ shall mean the Public Contracts Regulations 2006. (28) ‘Section 151 Officer’ shall mean the Officer under the Local Government Act 1972 responsible

for the proper administration of the Council’s financial affairs. This Officer is currently the Head of Financial Services.

(29) ‘Select List’ shall mean the Select List of approved contractors. (30) ‘Tender’ shall mean an offer submitted at any stage after the invitation to tender. (31) ‘Tendering’ shall mean the process that the tenderer must adopt to submit a tender. (32) ‘Tenderer’ shall mean a person or organisation or supplier who intends to, or has submitted a

tender. (33) ‘Writing’ shall mean in the form approved by the Monitoring Officer or PGG.




APPENDIX 2 – EU PUBLIC PROCUREMENT RULES EUPPRO1 INTRODUCTION 1.1 The European Union (EU) Procurement Directives (the ‘EU Procurement Rules’) and the

Regulations that implement them in the UK (the ‘UK Procurement Rules’) collectively referred to as the ‘EU Public Procurement Rules’ set out the legal framework on public procurement.

1.2 These rules impose on the Council a statutory system for the tendering and allocation of

contracts that exceed the regulatory financial thresholds, unless it qualifies for a specific exemption.

1.3 As the Council regularly awards contracts worth millions of pounds, the process leading up to

the letting of the contract and thereafter, MUST coincide with EU Public Procurement Rules and the guidelines set out by the Office of Government Commerce.

1.4 In seeking to outsource for goods and services, good practice and commercial efficacy demand

that the Council finds a supplier who will be both reliable and will provide products or services that are good value for money.

1.5 The Council is open to challenge in court for failure to comply and could incur a substantial

award of damages in addition to delays and the effects on the Council’s reputation. 1.6 The EU Public Procurement Rules are complex, therefore early professional advice and

guidance MUST be sought from the Corporate Procurement Officer, Purchasing Gateway (‘PGG’) and legal advice from the Head of Legal and Democratic Services.

EUPPRO2 THRESHOLDS 2.1 The EC Public Procurement Rules DO NOT apply if the estimated value of the contract (net of

value added tax) is less than the threshold specified in 2.3. 2.2 The Council MUST comply with the EU Public Procurement Rules when the total estimated life

cost value of a contract equals or exceeds the thresholds (total estimated life cost value includes any possible extensions or variations to the contract and is exclusive of value added tax). The figures in 2.3 show the thresholds applicable as from 31st January 2006.

2.3 Public Contracts Thresholds as from the 31st January 2006

Works £3,611,319 Services £144,371

2.4 For Utilities a different threshold applies and for specialist services there are additional

variations (not all services are covered by the full application of the EU Public Procurement Rules). Contracting Officers MUST seek advice from the Corporate Procurement Officer and PGG.




2.5 Not all services are covered by the full application of the EU Public Procurement Rules. Services are split into two distinct parts: 2.5.1 PART A SERVICES

i. Are subject to the full EU Public Procurement Rules.

2.5.2 PART B SERVICES

i. Are not subject to the full EU Public Procurement Rules; ii. There is no requirement to advertise in the OJEU or follow detailed procedural

rules, but there is a requirement to:

a. use European Standards in Specifications and b. Register a contract award notice with the OJEU.

2.6 It is important to be aware that the Council must apply the principles of the EEC Treaty (‘The

Treaty of Rome’) to ALL public procurement. Therefore if the estimated total life cost of the contract is below the thresholds indicated above then the Treaty principles will automatically apply.

These principles are:

2.6.1 Non Discrimination 2.6.2 Equal Treatment 2.6.3 Transparency 2.6.4 Mutual Recognition 2.6.5 Proportionality

EUPPR03 ESTIMATING THE VALUE OF CONTRACTS AND AGGREGATION 3.1 The Council must follow the EU Public Procurement Rules that set out the process when

deciding a particular contract exceeds the appropriate threshold. 3.2 For the avoidance of doubt, if there is any uncertainty about whether the EU Public Procurement

Rules apply then assume that they will apply. 3.3 AGGREGATION

3.2.1 Under no circumstances may the Council deliberately split, break down into phases or underestimate a contract in order to avoid the application of the EU Public Procurement Rules.

3.2.2 Where there is a single purpose for goods, works and services and the Council intends

to let the work in a number of discrete parts, then the consideration calculated for comparison to the threshold must be the aggregate value of all those parts.




3.2.3 In relation to works contracts where a number of contracts or ‘lots’ entered into for the purpose of carrying out work, then it must be aggregated with all the other associated contracts for a single purpose.

3.4 MIXED CONTRACTS

3.4.1 If the contract is a mixture of contracts and contains elements of both supplies and services or works and services, then:

i. Where a contract covers both services and supplies, the classification should be

determined by the respective values of the two elements; ii. Where it covers works or supplies or works or services it should be classified

according to its predominant purpose; iii. Where the contract provides for the supply of equipment and an operator it

should be regarded as a services contract; and iv. Contracts for software are considered to be for supplies unless they have to be

tailored to the purchaser’s specification, in which case they are services. EUPPR04 PUBLICITY AND THE TYPES OF NOTICE REQUIRED 4.1 PRIOR INFORMATION NOTICE

4.1.1 Under the EU Public Procurement Rules the Council is required to publish Prior Information Notice (‘Notice’) in the Official Journal of the European Union (‘OJEU’) and then on its Buyer Profile.

4.1.2 Based on the information set out in the Council’s Procurement Plan. At the beginning of

each financial year the Council shall publish a notice in respect of all projected contracts for goods, services and works (including approved capital schemes) to be awarded in the next 12 months.

4.1.3 If, in the course of updating the Council’s Procurement Plan, the Council becomes

aware of a new requirement not previously subject of a notice (in particular new approved capital schemes). The Council shall publish a notice on the OJEU and then on the Council’s Buyer Profile as soon as the decision to proceed with the project has been made.

4.1.5 Publication of a notice has the advantage for the Council that the minimum time limits

(for pre-qualification and tendering) can be reduced as a consequence. 4.1.6 If, for whatever reason the contract requirements change or if time lapses (six months)

without taking any further procurement action, then the notice shall become void. The council must re-advertise with a new notice.




EUPPRO5 PROCEDURE FOR ADVERTISING AND LEADING TO THE AWARD OF A CONTRACT

5.1 TYPES OF TENDERING PROCEDURES

5.1.1 Contacts to which the EU Public Procurement Rules apply shall be awarded in

accordance with those rules and by means of one of the following four award procedures:

i. OPEN - UNLIMITED

a. Whoever responds to a notice published in the OJEU under this procedure

will be invited to tender.

ii. RESTRICTED - NO LESS THAN 5

a. The Council may pre-determine the range within which the number of participants it intends to invite to tender for a contract shall be fixed but only if:-

i. The lower number of participants is no less than 5 and no higher than

20. ii. The range is determined in the light of the nature of the services to be

provided under the contract, and iii. The range of participants is specified in the notice.

b. Participants will be restricted to those that meet the Council’s minimum Pre-

Qualification Criteria. c. This procedure is recommended for general use.

ii. NEGOTIATED - MINIMUM OF 3

a. This procedure only requires a minimum of THREE participants.

b. The Council may select no less than three participants with whom to

negotiate the terms of the contract.

c. An advertisement in the OJEU is usually required however, in certain circumstances the contract does not have to be advertised in the OJEU.

iii. COMPETITIVE DIALOGUE - MINIMUM of 3

a. This procedure is suited to complex contracts or where the Council is

unable to specify objectively its requirements, such as Public Private Partnerships or Private Finance Initiatives.

b. The Council enters into a meaningful dialogue with THREE participants,

following an OJEU notice and a selection process, to develop one or more suitable solutions for its requirements and on which chosen participant will be invited to tender. This procedure is only available where a contract cannot be awarded under Open or Restricted Procedures.




c. Unless otherwise stated under the EU Public Procurement Rules where there is a call for competition, the Council must ensure that there is sufficient numbers of participants to ensure genuine competition.

5.2 TIMESCALES

5.2.1 Both minimum and maximum timescales are laid down for: -

i. Expressions of interest to be lodged following publication of the contract notice ii. The tender period iii. The publication of a contract award notice

5.2.2 The timescales depend on the procedure being followed for further guidance consult

with the Corporate Procurement Officer. 5.3 ACCELERATED TIMESCALES

5.3.1 It is possible to use reduced timescales for restricted and negotiated procedures. 5.3.2 This process must not be used to circumvent normal time limits as the council must be

in a position to justify the use of the accelerated timescales.

5.3.3 The Accelerated timescales may only be used where the normal timescales are rendered impracticable by reason of urgency.

EUPRO6 OJEU NOTICES AND THEIR CONTENTS 6.1 OJEU NOTICES

6.1.1 All notices must be published in the format specified in the EU Public Procurement Rules. Guidance is available from the Corporate Procurement Officer.

6.1.2 Notices will only be published on the Council’s Buyer Profile when the relevant notice

has been published in the OJEU.

6.1.3 CANCELLATION

i. If there are significant changes to the contract requirements at any stage then this will necessitate new procedure.

ii. If a project is abandoned in its entirety or re-commenced then a cancellation notice will be required.

iii. All participants who have expressed an interest must be notified in writing.

6.1.4 OFFICIAL LANGUAGE

i. All notices to be published in the OJEU must have information as to the standard form of language and the Council must follow the Community Procurement Vocabulary (CPV).

6.1.5 STANDARDS AND TECHNICAL SPECIFICATIONS

i. The Council encourages the use of performance specifications to stimulate

competition and innovation.




ii. Under the EU Public Procurement Rules if standards and technical specifications are to be included in contracts these must be defined by reference to any British Standards transposing European Standards or equivalent.

iii. The Council MUST give reasons where equivalence is not accepted.

iv. If the Council is prepared to accept variants (i.e. alternative tenders) the minimum

requirements to be observed when submitting variants shall be set out in the technical specifications. The OJEU notice shall indicate clearly the variants that may be submitted.

6.1.6 BRAND OR PROCESS NAMES

i. Any references to goods of specific make, source or process which have the

effect of favouring specific suppliers or products must not be used unless the specifications are strictly justified by the subject of the contract.

ii. If one cannot otherwise describe the purchases in a sufficiently detailed and

tangible way, references to trade marks, patents or brands may only be made provided the words ‘or equivalent’ are added afterwards.

6.1.7 SUSTAINABILITY

i. Relevant environmental and social requirements must be defined to allow

tenderers to understand the requirement.

ii. Production process standards and eco label criteria must be referenced but alternatives, which demonstrate equivalence, must be considered.

EUPPR07 TENDERER SELECTION 7.1 PRE – QUALIFICATION CRITERA

7.1.1 In the open, restricted and the negotiated procedure, the Council is free to establish its own Pre- Qualification Criteria (subject to the general rules and principles of EU Public Procurement Rules) but is limited as to the information it can seek in order to satisfy itself that the pre-qualification criteria have been met. (N.B. in an open procedure this information will be supplied at the same time as the tender).

7.1.2 The Council’s pre-qualification criteria may include the following: –

i. regularity and conduct ii. financial standing iii. technical capacity iv. health and safety v. equal opportunities vi. environmental management vii. ethical compliance

7.1.3 The Council’s financial criteria are set by the Head of Finance. 7.1.4 Pre-qualification information can be obtained from the Corporate Procurement Officer.

7.1.5 It is normal to ask applicants to return a Pre- Qualification Questionnaire that restates

the information requirements mentioned in the OJEU notice in further detail. In major




projects the pre-qualification questionnaire is usually accompanied by a prospectus that provides further information on the project, the background, the Council’s objectives, the procedure to be followed and the timetable.

7.1.6 PRE-QUALIFICATION DISQUALIFICATION

i. The Council will follow section 23 of the Public Contracts Regulations 2006. ii. The Council will automatically disqualify and exclude from the tendering process

those tenderers (both organisations and or individual representatives for those organisations) that have been found guilty of the following criminal offences:

a. Conspiracy or participation in a criminal organisation b. Corruption c. Bribery d. Fraud e. Money Laundering

iii. The Council will also exclude from the tendering process those tenderers who are

insolvent, fail to meet the Councils economic and financial standing; and fail to achieve technical or professional ability.

iv. Contracting Officers are required to obtain sufficient information for the Council to

make the assessment. 7.2 INVITATION TO TENDER

7.2.1 The EU Public Procurement Rules require that the following minimum information is

included in the invitation to tender or invitation to negotiate (as the case may be): –

i. The address for requesting the contract documents (if not included) and further information, the deadline for such requests and the details of any fee payable for the documents;

ii. The closing date for the receipt of tenders, the Council’s delivery address and a

requirement that tenders and supporting documents are in English; iii. A reference to the contract notice published in OJEU; iv. Details of any (further) pre-qualification information required concerning economic

and financial standing or technical capacity that is to be included with the tender; and

v. The contract award criteria (if not previously specified in the OJEU notice) and or

weighting. 7.2.2 The invitation to tender shall include the following (as appropriate to the contract): -

i. Instructions to tenderers ii. Draft contract (or reference to a standard form contract) iii. Specification and drawings iv. Pricing mechanism

7.2.3 If the requirement is particularly complex, the invitation to tender should specify the

method statements to be returned with the tender.




EUPPR08 AWARD CRITERIA

8.1 CONTRACT AWARD 8.1.1 Under the EU Public Procurement Rules the basis for awarding a contract is the most

economically advantageous offer. 8.1.2 To demonstrate transparency in the evaluation process the Council shall set out in the

contract award criteria in the OJEU notice, in descending order of importance the criteria being applied.

8.1.3 The criteria must relate directly to the subject-matter of the contract and avoid

reference to non-commercial matters. Typically, the criteria would include: -

i. whole-life cost ii. completion/delivery period iii. functional characteristics iv. quality v. technical merit vi. technical assistance and after-sales service vii. environmental characteristics.

8.1.4 The Contract Award Criteria will form the main headings in the Council’s evaluation

model. 8.1.5 The model will contain sub-criteria (e.g. the elements that make up whole-life cost). It is

good practice, but not mandatory, to provide tenderers with a copy of the full evaluation model (including any weightings).

EUPPR09 PRIOR TO AWARDING CONTRACT 9.1 DECLINE

9.1.1 There is a legal obligation on the Council to write decline letters to all unsuccessful participants to the tendering process.

9.2 MANDATORY STANDSTILL PERIOD

9.2.1 The Council is then required to wait 10 days following notification to unsuccessful tenderers of the decision to award a contract and before entering into the relevant contract as long as 9.3 has been complied with.

9.2.2 The Council is only required to follow the Mandatory Standstill Period if the contract is

subject to the full impact of the EU Public Procurement Rules.




9.2.3 To comply with 9.2.1 and 9.2.2 Contracting Officers must take advice from the Council’s Corporate Procurement Officer.

9.2.4 If a legal challenge is brought during the standstill period then the Council must await

the outcome of an application to court before concluding the contract. 9.3 DEBRIEF

9.3.1 Under the EC Public Procurement Rules all participants of the tendering process, that have been unsuccessful at any stage of the tendering procedure are legally entitled to a debrief from the Council, upon written request.

9.3.2 The Council must inform the unsuccessful tenderers of the reasons for their rejection

and this must be done within 15 days of receiving a written request.

9.3.3 The Council must advise all unsuccessful participants of the tendering process of the reasons as to why they were unsuccessful and the name of the successful tenderer and its gross contract value.

EUPPR010 CONTRACT AWARD NOTICES AND STATISTICAL RETURNS 10.1 Once a contract has been awarded the Council must publish the result in the OJEU within 48

days in the form of a Contract Award Notice. 10.2 Publication of the Contract Award Notice shall be undertaken by or under the guidance of the

Corporate Procurement Officer. 10.3 A written explanation for the discontinuation or re-commencement of a tendering procedure

shall also be provided on request.

Part Five – Codes and Protocols

5.1

PART FIVE CODES AND PROTOCOLS


5.2

MEMBERS CODE OF CONDUCT

The legislation governing the conduct of Elected Members is contained in two documents, the Relevant Authorities (General Principles) Order 2001 and the Relevant Authorities (Model Code of Conduct) Order 2001. The General Principles Order specifies the principles which govern the conduct of Members and Co-opted Members of the Local Authority. THE GENERAL PRINCIPLES Selflessness 1. Members should serve only the public interest and should never improperly confer an

advantage or disadvantage on any person. Honesty and Integrity 2. Members should not place themselves in situations where their honesty and integrity

may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.

Objectivity 3. Members should make decisions on merit, including when making appointments,

awarding contracts, or recommending individuals for rewards or benefits. Accountability 1. Members should be accountable to the public for their actions and the manner in

which they carry out their responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to their particular office.

Openness 2. Members should be as open as possible about their actions and those of their

Authority and should be prepared to give reasons for those actions. Personal Judgement 3. Members may take account of the views of others, including their political groups, but

should reach their own conclusions on the issues before them and act in accordance with those conclusions.


5.3

Respect for Others 4. Members should promote equality by not discriminating unlawfully against any

person and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation or disability. They should respect the impartiality of the Authority’s statutory Officers and its other employees.

Duty to Uphold the Law 5. Members should uphold the law and on all occasions, act in accordance with the

trust that the public is entitled to place in them. Stewardship 6. Members should do whatever they are able to do, to ensure that their Authorities use

their resources prudently and in accordance with the law. Leadership 7. Members should promote and support these principles by leadership and by example

and should always act in a way that secures or preserves public confidence.


5.4

CODE OF CONDUCT

PART 1

General Provisions Scope

1. 1.1 A Member must observe the Authority’s Code of Conduct whenever he/she:

a) conducts the business of the Authority;

b) conducts the business of the office to which he/she has been elected or appointed; or

c) acts as a representative of the Authority.

and references to a Member’s official capacity shall be construed accordingly.

1.1 An Authority’s Code of Conduct shall not, apart from paragraphs 5 and 5 (a) below, have effect in relation to the activities of a Member undertaken other than in an official capacity.

1.2 Where a member acts as a representative of the Authority:

a) on another relevant authority (a), he must, when acting for that other Authority, comply with that other Authority’s Code of Conduct; or

a) on any other body, he must, when acting for that other body, comply with the Authority’s Code of Conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

1.3 In this Code, “Member” includes a Co-opted Member of an Authority.

General Obligations

2. A Member must:

a) promote equality by not discriminating unlawfully against any person;

b) treat other with respect; and

b) not do anything which compromises or which is likely to compromise the impartiality of those who work for, or on behalf of the Authority.

3. A Member must not:

a) disclose information given to him/her in confidence by anyone, or information acquired which he believes is of a confidential nature, without the consent of a person authorised to give it, or unless he is required by law to do so; nor

b) prevent another person from gaining access to information to which that person is entitled by law.

4. A Member must not in his official capacity, or any other circumstance, conduct himself/herself in a manner which could reasonably be regarded as bringing his/her office or Authority into disrepute.


5.5

5. A Member:

a) must not be in his/her official capacity, or any other circumstance, use his/her position as a Member improperly to confer on or secure for himself or any other person, an advantage or disadvantage; and

b) must, when using or authorising the use by others of the resources of the Authority:

i) act in accordance with the Authority’s requirements; and

ii) ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the Authority or of the office to which the Member has been elected or appointed.

6. A Member must when reaching decisions have regard to any relevant advice provided to him by:

a) the Authority’s Chief Finance Officer acting in pursuance of his/her duties under Section 114 of the Local Government Finance Act 1988 (a) or an equivalent provision in any regulations made under Section 6(6) of the Local Government and Housing Act 1989 (b); and

b) the Authority’s Monitoring Officer acting in pursuance of his/her duties under Section 5(2) of the Local Government and Housing Act 1989 (c).

7. A Member must if he/she becomes aware of any conduct by another Member which he/she reasonably believes involves a failure to comply with the Authority’s Code of Conduct, make a written allegation to that effect to the Standards Board for England as soon as it is practicable for him/her to do so.

PART 2

INTERESTS

Personal Interests 8. (1) A Member must regard himself/herself as having a personal interest in

any matter if the matter relates to an interest in respect of which notification must be given under Paragraphs 13 and 14 below or if a decision upon it might reasonably be regarded as affecting to a greater extent than other Council Tax payers, ratepayers, or inhabitants of the Authority’s area, the well-being or financial position of himself/herself, a relative or a friend, or:

a) any employment or business carried on by such persons;

b) any person who employs or who has appointed such persons, any firm in which they are a partner, or any company of which they are Directors;

c) any corporate body in which such persons have a beneficial interest in a class of securities exceeding the nominal value of £5,000; or

d) any body listed in sub paragraphs (a) to (e) of Paragraph 14 below in which such persons hold a position of general control or management


5.6

(2) In this paragraph:

a) “relative” means a spouse, partner, parent, parent in law, son, daughter, step-son, step-daughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece or the spouse or partner of any of the preceding persons; and

b) “partner” in sub paragraph (2)(a) above means a member of a couple who live together.

Disclosure of Personal Interests

9. A Member with a personal interest in a matter who attends a meeting of the Authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

Prejudicial Interests

10. (1) Subject to sub-paragraph (2) below, a Member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the Member’s judgement of the public interest.

(2) A Member may regard himself/herself as not having a prejudicial interest in a matter if that matter relates to:-

a) another relevant authority of which he/she is a member;

b) another public authority in which he/she holds a position of general control or management;

c) a body to which he/she has been appointed or nominated by the authority as its representative;

d) the housing functions of the authority where the Member holds a tenancy or lease with a relevant authority, provided that he/she does not have arrears of rent with that relevant authority of more than two months and provided that those functions do not relate particularly to the Member’s tenancy or lease;

e) the functions of the authority in respect of school meals, transport and travelling expenses where the Member is a guardian or parent of a child in full time education, unless it relates particularly to the school which the child attends;

f) the functions of the authority in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992 (a), where the Member is in receipt of, or is entitled to the receipt of such pay from a relevant authority; and

g) any functions of the authority in respect of an allowance or payment made under Sections 173 to 176 of the Local Government Act 1972 (b) or section 18 of the Local Government and Housing Act 1989(c).


5.7

Participation in Relation to Disclosed Interests

11. A Member with a prejudicial interest in any matter must:-

a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless he/she has obtained a dispensation(d) from the authority’s Standards Committee; and

b) not seek improperly to influence a decision about that matter.

12. For the purposes of this Part, “meeting” means any meeting of:-

a) the authority; or

b) any of the authority’s committees, sub-committees, joint committees, joint sub-committees or advisory committees.

PART 3

THE REGISTER OF MEMBERS’ INTERESTS

Registration of Financial and Other Interests

13. Within 28 days of the provisions of an authority’s Code of Conduct being adopted or applied to that authority or within 28 days of his/her election or appointment to office (if that is later) a Member must register his/her financial interests in the authority’s Register maintained under Section 81(1) of the Local Government Act 2000 by providing written notification to the authority’s Monitoring Officer of:

a) any employment or business carried on by him/her;

b) the name of the person who employs or has appointed him/her, the name of any firm in which he/she is a partner and the name of any company for which he/she is a remunerated director;

c) the name of any person, other than a relevant authority, who has made a payment to him/her in respect of his/her election or any expenses incurred by him/her in carrying out his duties;

d) the name of any corporate body which has a place of business or land in the authority’s area, and in which the Member has a beneficial interest in a class of securities of that body that exceeds the normal value of £25,000 or one hundredth of the total issued share capital of that body;

e) a description of any contract for goods, services or works made between the authority and himself/herself or a firm in which he/she is a partner, a company of which he/she is a remunerated director, or a body of the description specified in sub-paragraph (d) above;

f) the address or other description (sufficient to identify the location) of any land in which he/she has a beneficial interest and which is in the area of the authority;

g) the address or other description (sufficient to identify the location) of any land where the landlord is the authority and the tenant is a firm in which he/she is a partner, a company of which he/she is a remunerated director, or a body of the description specified in sub-paragraph (d) above; and


5.8

h) the address or other description (sufficient to identify the location) of any land in the authority’s area in which he/she has a licence (alone or jointly with others) to occupy for 28 days or longer.

14. Within 28 days of the provisions of the authority’s Code of Conduct being adopted or applied to that authority or within 28 days of his/her election or appointment to office (if that is later), a Member must register his/her other interests in the authority’s register maintained under Section 81(1) of the Local Government Act 2000 by providing written notification to the authority’s Monitoring Officer of his/her membership of or position of general control or management in any:

a) body to which he/she has been appointed or nominated by the authority as its representative;

b) public authority or body exercising functions of a public nature;

c) company, industrial and provident society (a), charity or body directed to charitable purposes;

d) body whose principal purposes include the influence of public opinion or policy; and

e) trade union (b) or professional association.

15. A Member must within 28 days of becoming aware of any changes to the interests specified under paragraphs 13 and 14 above, provide written notification to the authority’s Monitoring Officer of that change.

Registration of Gifts and Hospitality

16. A Member must within 28 days of receiving any gift or hospitality over the value of £25, provide written notification to the authority’s Monitoring Officer of the existence and nature of that gift or hospitality.

Overview and Scrutiny Committees

17. (1) For the purposes of this Part, a member must if he is involved in the

consideration of a matter at a meeting of an overview and scrutiny committee of the authority or a sub-committee of such a committee, regard himself as having a personal and a prejudicial interest if that consideration relates to a decision made, or action taken, by another of the authority’s –

(a) committees or sub-committees;or

(b) joint committees or joint sub-committees.

Of which he may also be a member.

(2) But sub-paragraph (1) above shall not apply if that member attends that meeting for the purpose of answering questions or otherwise giving evidence relating to that decision or action.


5.9

(b) OFFICERS’ CODE OF CONDUCT 1. INTRODUCTION FOR EMPLOYEES

1.1 The public is entitled to expect the highest standards of conduct from all employees

who work for Corby Borough Council (the Council). This Code sets out the standards expected from employees. It should be, where appropriate, in conjunction with the Council's employment policies, other relevant policies, procedures and protocols, conditions of service, standing orders, financial regulations and statutory requirements. (A list of these is set out at Appendix 1)

1.2 Some of the issues covered will affect senior, managerial and professional employees more than other employees but many aspects of the Code are applicable to all the Council's staff.

1.3 The golden rule to remember is that you should never do anything as an employee of the Council which you could not justify publicly. Your conduct will affect the reputation of the Council. It is not enough to avoid actual impropriety. You should at all times avoid any occasion for suspicion and any appearance of improper conduct.

1.4 Please read the Code carefully. It is your responsibility to make sure that what you do complies with the standards set down. If in doubt seek advice from your manager, Human Resources & Customer Care or the Monitoring Officer (Deputy Chief Executive)

1.5 An Employee/worker is an individual who has entered into, or works under a contract of employment or under any other contract, whereby the individual undertakes to do or perform personally any work or services for another party.

2. GENERAL DUTIES AND RESPONSIBILITIES

2.1 The duty of an employee is to serve the Council by carrying out the Council's work

under the direction, control and guidance of a Chief Officer Heads of Service of the Council. The employees should work to the best of their abilities, and if advice has to be given to Councillors, this should be the best profession advice on all matters.

2.2 The reputation of the Council depends in large part on the conduct of its employees and what the public believes about their conduct. The public expects conduct of the highest standard. Confidence in this integrity will be shaken if there is the least suspicion that employees could have been influenced in any way by any improper motive.

2.3 Employees are expected, through agreed procedures, and without fear of recrimination, to bring to the attention of the appropriate level of management any deficiency in the provision of services to the public together with any impropriety or breach of procedure. In appropriate situations the Whistleblowing procedure can be used (attached at Appendix 2).


5.10

3. STANDARDS

3.1 Local Government employees are expected to give the highest possible standard of

service to the public and, where it is part of their duties, to provide appropriate advice to Councillors and fellow employees with impartiality. Employees should, without fear of recrimination, bring to the attention of their manager any deficiency in the provision of service. Employees must also report to their own manager or any other appropriate senior manager any impropriety or breach of procedure.

4. DISCLOSURE OF INFORMATION

4.1 The law requires that certain types of information must be available to Councillors,

auditors, government departments, service users and the public and, in certain circumstances, employees may have a legal or professional duty to disclose information to a third party. Other than in these circumstances, employees shall not disclose confidential information, should not use information obtained in the course of their employment for personal gain or benefit or pass it on to others who you believe might use it in such a way. They must also comply with the legislative provisions on data protection. (A brief Guide is attached at Appendix 3).

4.2 Any particular information received by an employee from a Councillor which is personal to that Councillor and does not belong to the authority should not be divulged by the employee without the prior approval of that Councillor, except where such disclosure is required or sanctioned by law.

4.3 `The guidance with respect to a Councillor's right to information is set out in Appendix 4 to this Code'. (extract from Constitution).

5. POLITICAL NEUTRALITY

5.1 Employees serve the Council as a whole, so they must serve all Councillors and not

just those of the controlling group. They must ensure that the individual rights of all Councillors are respected and that they do not compromise their political neutrality.

5.2 Employees, whether or not politically restricted, must follow every lawful expressed policy of the authority and must not allow their own personal or political opinions interfere with their work.

6. RELATIONSHIPS

6.1 In general, if an employee has regular contact with Councillors, it is essential to the

satisfactory working of the Council that cordial and effective relationships are established. Mutual respect between Councillors and employees is essential to good local government. However, close personal familiarity between an employee and any individual Councillors could damage this relationship and prove embarrassing to other Councillors and employees. Further detailed advice is set out in the Officer\Member Protocol. (attached at Appendix 5).

6.2 Employees must always remember their responsibilities to the community of Corby Borough and ensure courteous, efficient and impartial service delivery to all groups


5.11

and individuals within that community as defined by the policies of the Council. Employees must also be careful that any relationship that they have with any other person cannot bring the Council into disrepute. In particular, no employee may act in a regulatory or inspection capacity in respect of any matter in which he\she has an interest.

6.3 Orders and contracts must be awarded on merit and in accordance with the Council's procedures, and no special favours should be shown to businesses run by, for example, friends, partners or relatives.

6.4 Employees who place orders, award contracts or supervise contractors and have previously had or currently have a relationship in a private or domestic capacity with contractors they deal with in the course of these duties, should declare that relationship to their managers and should record it in the register provided and maintained by Human Resources and Customer Care.

6.5 Employees in their official relationships with contractors and potential contractors must not conduct themselves in such a manner so as to convey that they are in a position of giving favour, or in their dealings conduct themselves so as to directly in indirectly canvass or infer that they seek gift, loan, fee, reward or advantage, or any offer of such. The Council’s Gifts and Hospitality Guidance must be followed in all cases (attached Appendix 6)

6.6 In general, employees are obliged to declare their interest in their relationship or their activities as soon as it becomes apparent that there may be an involvement or conflict with the Council's own interests. This is done by advising the Head of Human Resources and Customer Care of the nature of the interest or receipt of Gifts or Hospitality.

6.7 Examples of interest are set out in Appendix 7.

7. APPOINTMENT AND OTHER EMPLOYMENT MATTERS

7.1 Employees involved in appointments must ensure that these are made on the basis of merit. It is unlawful for an employee to make an appointment, which is based on anything other than the ability of the candidate to undertake the duties of the post. In order to avoid any possible accusation of bias, employees should not be involved in an appointment where they are related to an applicant, or have a close personal relationship outside work with him or her. Any relationship which would disqualify participation should be declared to the Head of Human Resources and Customer Care.

7.2

All appointments to be made fairly and without consideration of any matters relating to race, colour, nationality, ethnic or national origin, disability, religion, political persuasion, marital status, sex, sexual orientation or age.

7.3 References in support of job applicants must not be from relatives of the applicant or from anyone related to any employee participating in the appointment decision.

7.4 Similarly, employees should not be involved in decisions relating to discipline, promotion or pay adjustment for any other employee who is a relative, partner, etc or with whom they have a close personal relationship outside work.


5.12

8. OUTSIDE COMMITMENTS

8.1 Employees off duty hours are their personal concern, but they should not

subordinate or conflict with their official duties at any time. The Council will not attempt to preclude any of its employees from undertaking additional employment but such employment must not in the Council's view conflict or react detrimentally to the authority's interest or any way weaken public confidence in the conduct of the authority's business. Appropriate cases will be reported to Committee for notification or approval.

8.2 Employees above Scale SO1 must not engage in any other business, or take up any additional appointment without first receiving the express consent of their Service Head and Chief Officer.

8.3 Employees should ensure that the hours worked in the additional employment do not make them too tired to work effectively and safely when working for the Council. Legally, the Council has a responsibility to ensure that none of its employees are working more than an average 48 hours per week. If an employee takes another job in addition to their Council job, this may take the employee above the legal limit. Employees are required to inform the Council if you take regular paid employment which could result in their total average weekly working hours in both jobs coming to 48 hours or more. Employees should advise their manager who will take advice from Human Resources & Customer Care.

9. INTELLECTUAL PROPERTY

9.1 An intellectual property rights, (that is copyright, design rights and the right to patent

inventions) relating to anything created or invented by employees in the course of their duties belongs automatically to the Council. Employees are not entitled to use, sell or otherwise exploit the rights to any such thing without written permission from the Council.

10 EQUALITIES

10.1 All members of the community, customers and other employees have a right to be

treated with fairness and equity irrespective of race, colour, nationality, ethnic or national origin, disability, religion, political persuasion, marital status, sex, sexual orientation or age. All employees should ensure that the Council's equal opportunity policies are complied with in addition to the requirements of the law.

11 HUMAN RIGHTS

11.1 In the performance of their duties employees are required to comply with the

requirements of the Human Rights Act 1998 (A guidance note is attached at Appendix 8).

12 PERSONAL INTERESTS

12.1 If it comes to the knowledge of an employee that they have an interest in a contract

which has been or is proposed to be entered into by the Borough Council, or on any


5.13

other matter, they must give notice in writing to the Monitoring Officer of this fact as soon as possible. A record of that interest will be made kept for the purpose by the Head of Human Resources and Customer Services, which is open to inspection by any Chief Officer, Service Head or Member.

12.2 Employees must declare to Head of Human Resources and Customer Care any non-financial interests that they consider could bring about conflict with the authority's interests. Examples of personal interests is set out in Appendix 7)

12.3 Employees should declare to Head of Human Resources and Customer Care membership of any organisation not open to the public with formal membership and commitment of allegiance and which has secrecy about rules or membership or conduct.

12.4 The Register held by Human Resources is open to inspection by Members who shall treat the information in the same manner as exempt information (Schedule 12 Local Government Act 1972)

13. SEPARATION OF ROLES DURING TENDERING

13.1 Employees involved in the tendering process and dealing with contractors should be

clear on the separation of client and contractor roles within the authority. Senior employees who have both a client and contractor responsibility must be aware of the need for accountability and openness.

13.2 Employees in contractor or client units must exercise fairness and impartiality when dealing with all customers, suppliers, other contractors and sub-contractors.

13.3 Employees who are privy to confidential information on tenders or costs for either internal or external contractors must not disclose that information to any unauthorised party or organisation.

13.4 Employees must ensure that no special favour is shown to current or recent former employees or their partners, close relatives or associates in awarding contracts to businesses run by them or employing them in a senior or relevant managerial capacity.

14 SPONSORSHIP

14.1 Where an outside organisation wishes to sponsor or is seeking to sponsor a local

government activity, whether by invitation, tender, negotiation or voluntarily, the same conventions concerning acceptance of gifts or hospitality apply. Particular care must be taken when dealing with current or potential contractors or developers.

14.2 Where the Council wishes to sponsor an event or service, neither an employee nor any partner, spouse or relative must not benefit from such sponsorship in a direct way without there being full disclosure to an appropriate manager of any such interest by way of notification to the Head of Human Resources and Customer Care. Any disclosures should be recorded in the register provided. Similarly, where the Council through sponsorship, grant aid, financial or other means, gives support in the community, employees should ensure that impartial advice is given and that there is no conflict or interest involved.


5.14

15 CORRUPTION

15.1 Employees must be aware that it is a serious criminal offence for them corruptly to

receive or give any gift, loan, fee, reward or advantage to doing or not doing anything or showing favour or disfavour to any person in their official capacity. Employees must advise their Head of Service at the earliest opportunity of any such approach, which is made to them.

15.2 Employees must not solicit any gift, loan, fee, reward or advantage and must accept the Council will treat such action as seriously as that indicated in Paragraph 15.1 above. Employees must advise their Head of Service at the earliest opportunity if they believe a colleague may be soliciting an advantage.

16 USE OF RESOURCES

16.1 The Council's property and resources are to be solely used for approved purposes.

An approved purpose shall include use in accordance with the Trade Union facilities agreement. Any facility, such as vehicles, equipment, stationery or secretarial services which the Council provides for its own business should not be otherwise used without authorisation from a Head of Service.

17 PUBLIC SPEAKING

17.1 Where employees are invited to address public meetings, undertake radio or

television interviews etc, it is expected that they must clearly understand the basis upon which the invitation was extended. In the majority of cases, an employee will be acting as the representative of the Council, and as such must communicate the policies and procedures of the Council in a factual and unbiased way. Employees should advise/discuss public speaking appointments with the Communications Section.

17.2 Employees must avoid expressing personal views in such situations, and if during the course of the debate or discussion the personal views of the employee are sought then he\she must consider most carefully whether this would place them in a position of public conflict with their employer. It may be appropriate in such circumstances for the employee to decline to make further comment and terminate and terminate the discussion or interview. It is of course recognised that employees are entitled to personal views, and that these may be very strongly felt. Where these personal views are given they must be stated as personal.

18 GIFTS AND HOSPITALITY

18.1 The Council's guidance on giving and receiving gifts and\or hospitality should be

observed as part of this code. (A copy is attached as Appendix 6)

19 HEALTH AND SAFETY

19.1 Employees have a duty to take reasonable care for the health and safety of

colleagues and others, who may be affected by anything done at work. No job should be undertaken that in any way might be a danger either to the employee


5.15

concerned, work colleagues or to any member of the public. (The Council’s Health and Safety Policy is attached – Appendix 9).

19.2 If an employee has any doubts or concerns contact should be made with his Manager who will in appropriate instances seek the advice of the Health and Safety Officer.

20 EMPLOYEES FACING CRIMINAL CHARGES

20.1 The Council expects employees facing criminal charges to give notice of such,

without delay, to the Heads of Human Resources and Customer Care. Sometimes the nature of the charges will be relevant to the employee's job in other cases the issue will be less clear-cut. Employees are aware that their own personal actions can reflect on the Council as a whole. They are required therefore to notify the Head of Human Resources and Customer Care of any criminal charge which may be pending, whether they personally feel the matter is relevant or not, and the outcome of any such charge.

20.2 Discussion with the employee will take place as to the extent to which such a charge reflects upon the ability of the employee to perform effectively, or the extent to which the Council's own interests are prejudiced. An opportunity will be given to have a Trade Union representative present during any discussions.

20.3 All information obtained shall be treated confidentially within the Council.

21 REVIEW

21.1 This Code will be reviewed at least at 3 yearly intervals. Sooner review can take

place if circumstances require. Should a National Code For Employees be brought forward an immediate review will take place.


5.16

MEMBER OFFICER PROTOCOL

Issued April 2006

Adopted by Full Council Thursday 4th May 2006


5.17

MEMBER/OFFICER PROTOCOL - Contents

Section page no.

Preamble 5.18

Definitions 5.18

Principles 5.18

The role of members 5.19

The role of officers 5.21

The relationship between members and officers: general 5.21

The Council as employer 5.22

Mayor, Members and officers 5.23

Overview and scrutiny members and officers 5.23

Members of other committees or sub-committees and officers 5.24

Party groups and officers (excluding political assistants) 5.24

Political assistants 5.25

Local members and officers 5.25

Members' access to documents and information 5.26

Media relations 5.27

Correspondence 5.28

Access to premises 5.28

Use of Council resources 5.29

Interpretation, complaints and allegations of breaches 5.29

"Every local authority should have its own written statement or protocol governing relations between members and officers." (Third report of the

Committee on Standards in Public Life - the Nolan Committee)


5.18

Preamble 1. Mutual trust and respect between members and officers is at the heart of a council's

good governance. They are essential if the partnership necessary for the effective running of a local authority is to succeed.

2. This may seem obvious. But what happens when relationships go awry? Where can

members and officers turn for guidance? What mechanisms exist for addressing concerns? How can matters be improved?

3. Such questions point to the need for a written guide to the basic elements of the

relationship between members and officers - a protocol:

• to promote trust, openness, fairness and honesty by establishing some ground rules; • to define roles so as:

o to clarify responsibilities (i.e. who does what), o to avoid conflict, and o to prevent duplication or omission;

• to secure compliance with the law, codes of conduct and a council's own practices; and • to lay down procedures for dealing with concerns by members or officers.

4. A protocol should be recognised both as a central element of a council's corporate

governance, and as a commitment to upholding standards of conduct in public life. It's one way of demonstrating to the public at large that local government is serious about protecting and enhancing its integrity and reputation.

5. This document is intended to be a model. It does not seek to be prescriptive or

exhaustive. Rather, it sets out the issues which are likely to be common to most councils.

Definitions

6. Unless the context indicates otherwise, references to the term Council include, overview and scrutiny committees, and other committees and sub-committees.

7. Unless the context indicates otherwise, the terms member and members include non-

elected (i.e. co-opted) members as well as elected councillors. 8. Officers and staff mean all persons employed by the Council. 9. Senior officer means the Chief Executive, Corporate Directors, Heads of Service and Middle Managers of the Council 10. Designated Finance Officer means the officer exercising the duties prescribed by law

for the financial administration of the Council and shall include his/her deputy at all times. Similarly Monitoring Officer means the officer of the Council holding that statutory office and shall include his/her deputy at all times.

Principles 11. Members and officers must at all times observe this protocol. 12. The protocol has been approved by the Council's Standards Committee who will

monitor its operation.


5.19

13. The protocol seeks to maintain and enhance the integrity (real and perceived) of local

government which demands the highest standards of personal conduct. 14. Members and officers must always respect the roles and duties of each other. They

must show respect in all their dealings by observing reasonable standards of courtesy, and by not seeking to take unfair advantage by virtue of their position.

15. Whilst members and officers are indispensable to one another, their responsibilities

are distinct. Members are accountable to the electorate and serve only as long as their term of office lasts. Officers are accountable to the Council as a whole. Their job is to give advice to members (individually and collectively) and to carry out the Council's work under the direction of the Council.

16. The Council has adopted codes of conduct for both members and officers. Both

represent best practice. The members' code follows the national code which in turn is based on the general principles governing members' conduct enshrined in law, viz:

• Selflessness - serving only the public interest. • Honesty and integrity - not allowing these to be questioned; not

behaving improperly. • Objectivity - taking decisions on merit. • Accountability - to the public; being open to scrutiny. • Openness - giving reasons for decisions. • Personal judgement - reaching one's own conclusions and acting

accordingly. • Respect for others - promoting equality; avoiding discrimination;

respecting others (member/member, as well as member/officer). • Duty to uphold the law - not acting unlawfully. • Stewardship - ensuring the prudent use of a council's resources. • Leadership - acting in a way which has public confidence.

17. These principles underpin this protocol. They will also be reflected in a new national

code of conduct for employees due in the near future. Already officers are bound by their own professional codes (in certain cases) and by the Council’s own code of conduct for employers.

18. Breaches of this protocol by a member may result in a complaint to the Standards

Board for England if it appears the members' code has also been breached or referral to the Corby Standards Committee if it is a breach of the Protocol alone. Breaches by an officer may lead to disciplinary action.

The role of members 19. Members have a number of roles and need to be alert to the potential for conflicts of

interest, which may arise between the roles. Where such conflicts are likely, members may wish to seek the advice of senior colleagues, the relevant senior officer(s), and/or the Monitoring Officer.

20. Collectively, members are the ultimate policy-makers determining the core values of

the Council and approving the authority's policy framework, strategic plans and budget.

21. Members represent the community, act as community leaders and promote the social,

economic and environmental well-being of the community often in partnership with other agencies.


5.20

22. Every elected-member represents the interests of, and is an advocate for, his/her

ward and individual constituents. He/she represents the Council in the ward, responds to the concerns of constituents, meets with partner agencies, and often serves on local bodies.

23. Committees have decision making powers. They may determine matters within their

terms of reference but implementation of their decisions is the responsibility of officers. Chairs of Committees have an important role of trust within the decision making structure and part of their role should be to act as role models in terms of promoting good member officer relations at Committee meeting as well as ensuring the Protocol is enforced during any meeting which they chair

24. Members serving on overview and scrutiny panels monitor the effectiveness of the

Council's policies and services, develop policy proposals and examine community issues. They also monitor local health service provision.

25. Some members may be appointed to represent the Council on local, regional or

national bodies. 26. As politicians, members may express the values and aspirations of the party political

groups to which they belong, recognising that in their role as members they have a duty always to act in the public interest.

27. Members are not authorised to instruct officers other than:

• through the formal decision-making process; • to request the provision of consumable resources provided by the Council for

members' use; • where staff have been specifically allocated to give support to a member or

group of members 28. Members are not authorised to initiate or certify financial transactions, or to enter into

a contract on behalf of the Council. 29. Members must avoid taking actions, which are unlawful, financially improper or likely

to amount to maladministration. Members have an obligation under their code of conduct to have regard, when reaching decisions, to any advice provided by the Monitoring Officer or the designated Finance Officer.

30. Members must respect the impartiality of officers and do nothing to compromise it,

e.g. by insisting that an officer change his/her professional advice. 31. Members have a duty under their code of conduct: • to promote equality by not discriminating unlawfully against any person, and • to treat others with respect.

32. Under the code, a member must not when acting as a member or in any other capacity:

• bring the Council or his/her position as a member into disrepute, or


5.21

• use his/her position as a member improperly to gain an advantage or disadvantage for his/herself or any other person.

The role of officers 33. Officers are responsible for giving advice to members to enable them to fulfil their

roles. In doing so, officers will take into account all available relevant factors. 34. Under the direction and control of the Council (including, as appropriate, committees

and sub-committees), officers manage and provide the Council's services within the framework of responsibilities delegated to them. This includes the effective management of employees and operational issues.

35. Officers have a duty to implement decisions of the Council, committees and sub-

committees which are lawful, and which have been properly approved in accordance with the requirements of the law and the Council's constitution, and duly minuted.

36. Officers have a contractual and legal duty to be impartial. They must not allow their

professional judgement and advice to be influenced by their own personal or political views.

37. Officers must assist and advise all parts of the Council. They must always act to the

best of their abilities in the best interests of the authority as expressed in the Council's formal decisions.

38. Officers must be alert to issues, which are, or are likely to be, contentious or politically

sensitive, and be aware of the implications for members, the media or other sections of the public and should consult with members in such circumstances as appropriate.

39. Officers have the right not to support members in any role other than that of member, and not to engage in actions incompatible with this protocol. In particular, there is a statutory limitation on officers' involvement in political activities.

The relationship between members and officers: general

40. The conduct of members and officers should be such as to instil mutual confidence and trust.

41. The key elements are a recognition of and a respect for each other's roles and responsibilities. These should be reflected in the behaviour and attitude of each to the other, both publicly and privately.

42. Informal and collaborative two-way contact between members and officers is

encouraged. But personal familiarity can damage the relationship, as might a family or business connection.

43. Members and officers should inform the Monitoring Officer of any relationship which

might be seen as unduly influencing their work in their respective roles. 44. It is not enough to avoid actual impropriety. Members and officers should always be

open about their relationships to avoid any reason for suspicion and any appearance


5.22

of improper conduct. Where a personal relationship has been disclosed, those concerned should avoid a situation where conflict could be perceived. Specifically, a member should not sit on a body or participate in any decision, which directly affects the officer on a personal basis. No Member or Officer should make any statement giving reference to another Member/Officer’s gender, skin colour, creed or sexual orientation.

45. Officers serve the Council as a whole. They have a duty to implement the properly

authorised decisions of the Council. 46. With the exception of political assistants, officers work to the instructions of their

senior officers, not individual members. It follows that, whilst such officers will always seek to assist a member, they must not be asked to nor should they exceed the bounds of authority they have been given by their managers. Except when the purpose of an enquiry is purely to seek factual information, members should normally direct their requests and concerns to a senior officer, at least in the first instance.

47. Officers will do their best to give timely responses to members' enquiries. However,

officers should not have unreasonable requests placed on them. Their work priorities are set and managed by their managers. Members should avoid disrupting officers' work by imposing their own priorities. In particular officers should be allowed to get on with their job and members need to acknowledge this when agreeing a timetable for a response to their queries. At no time should Members burst in on officers while they are working but should seek wherever possible to make appointments.

48. Members will endeavour to give timely responses to enquiries from officers. 49. An officer shall not discuss with a member personal matters concerning him/herself or

another individual employee. This does not prevent an officer raising on a personal basis, and in his/her own time, a matter with his/her ward member.

50. Members and officers should respect each other's free (i.e. non-Council) time. The Council as employer 51. Officers are employed by the Council as a whole. 52. Members' roles are limited to:

• the appointment of specified senior posts, • determining human resources policies and conditions of employment, • the appointment of political assistants, and • hearing and determining appeals.

53. Members shall not act outside these roles. 54. If participating in the appointment of officers, members should:

• remember that the sole criterion is merit (other than in the case of political assistants where political consideration may apply),

• never canvass support for a particular candidate, • not take part where one of the candidates is a close friend or relative,

• not be influenced by personal preferences, and


5.23

• not favour a candidate by giving him/her information not available to the other candidates.

55. A member should not sit on an appeal hearing if the appellant is a friend, a relative, or

an officer with whom the member has had a working relationship. Mayor, Members and officers 56. Members and Officers will respect the position of Mayor and provide appropriate

support. Overview and scrutiny members and officers 57. Chairmen and other leading overview and scrutiny members shall maintain regular

contact with the officer(s) providing the principal support to the overview and scrutiny function. In consultation with chairmen, it shall be the responsibility of the latter to ensure that those who need to know of matters being considered or for possible future consideration are so informed.

58. An overview and scrutiny panel or its chairman acting on its behalf may require

officers to attend overview and scrutiny meetings. Members should not normally expect junior officers to give evidence. All requests should be made to senior officers in the first instance.

59. When making requests for officer attendance, overview and scrutiny members shall have regard to the workload of officers.

60. It is recognised that officers required to appear before an overview and scrutiny panel

may often be those who have advised another part of the Council on the matter under investigation. In these circumstances, an officer may have a conflict of interest. Both members and officers need to consider the severity of the conflict. If deemed appropriate, research and advice may be sought elsewhere - from the Council's dedicated overview and scrutiny support unit or externally.

61. Officers should be prepared to justify advice given to the Council, or other committees

and sub-committees even when the advice was not accepted. 62. Officers must also be prepared to justify decisions they have taken under delegated

powers. 63. In giving evidence, officers must not be asked to give nor should they offer political views. 64. Officers should respect members in the way they respond to members' questions. 65. Members should not question officers in a way that could be interpreted as

harassment. Neither should they ask about matters of a disciplinary nature. 66. Overview and scrutiny proceedings must not be used to question the capability or

competence of officers. Chairmen and members need to make a distinction between reviewing the policies and performance of the Council and its services, and appraising the personal performance of staff. The latter is not an overview and scrutiny function.


5.24

Members of other committees or sub-committees and officers 67. The appropriate senior officers will offer to arrange regular informal meetings with

chairmen, vice-chairmen, and spokesmen of committees and subcommittees. 68. Senior officers (including the Monitoring Officer and the designated Finance Officer)

have the right to present reports and give advice to committees and sub-committees. 69. Members of a committee or sub-committee shall take decisions within the remit of that

committee or sub-committee, and will not otherwise instruct officers to act.

70. At some committee or sub-committee meetings, a resolution may be passed which authorises a named officer to take action between meetings in consultation with the chairman. In these circumstances it is the officer, not the chairman, who takes the action and is responsible for it. A chairman has no legal power to take decisions on behalf of a committee or sub-committee, neither should he/she apply inappropriate pressure on the officer.

Party groups and officers (excluding political assistants) 71. Senior officers may properly be asked to contribute to deliberations of matters

concerning Council business by party groups. 72. Officers have the right to refuse such requests, and will normally not attend a

meeting of a party group where some of those attending are not members of the Council.

73. Officer support will not extend beyond providing factual information or professional

advice in relation to matters of Council business. Officers must not be involved in advising on matters of party business, and therefore should not be expected to be present at meetings or parts of meetings when such matters are to be discussed.

74. Party group meetings are not empowered to make decisions on behalf of the Council,

and conclusions reached at such meetings do not rank as formal decisions. The presence of an officer confers no formal status on such meetings in terms of Council business and must not be interpreted as doing so.

75. Where officers provide factual information and advice to a party group in relation to a

matter of Council business, this is not a substitute for providing all the necessary information and advice when the matter in question is formally considered by the relevant part of the Council.

76. It must not be assumed that an officer is supportive of a particular policy or view

considered at a party group meeting simply because he/she has attended or provided information to the meeting.

77. Officers will respect the confidentiality of any party group discussions at which they

are present and, unless requested to do so by that party group, will not relay the content of such discussions to another party group or to any other members. This shall not prevent an officer providing feedback to other senior officers on a need-to-know basis.

78. In their dealings with party groups, officers must treat each group in a fair and even-

handed manner.


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79. Members must not do anything which compromises or is likely to compromise officers' impartiality.

80. The duration of an officer's attendance at a party group meeting will be at the

discretion of the group, but an officer may leave at any time if he/she feels it is no longer appropriate to be there.

81. An officer accepting an invitation to the meeting of one party group shall not decline

an invitation to advise another group about the same matter. He/she must give substantially the same advice to each.

82. An officer who is not a senior officer shall not be invited to attend a party group

meeting, but a senior officer may nominate another officer to attend on his/her behalf. 83. An officer should be given the opportunity of verifying comments and advice attributed

to him/her in any written record of a party group meeting. 84. No member will refer in public or at meetings of the Council to advice or information

given by officers to a party group meeting. 85. At party group meetings where some of those present are not members of the

Council, care must be taken not to divulge confidential information relating to Council business. Persons who are not members are not bound by the members' code of conduct. They do not have the same rights to Council information as members.

86. Any particular cases of difficulty or uncertainty in relation to this part of the protocol

should be raised with the Chief Executive [or similar] and the relevant party group leader.

Political assistants 87. These officers were appointed by the Council exclusively to provide support to each of

the party groups. Their function is to assist the interests and work of the group to which they have been assigned. This is in contrast to all other staff whose duty is to serve the Council as a whole.

88. Political assistants will be treated in accordance with and expected to observe all

codes, policies and practices relating to the Council's staff. This includes the courtesy and consideration, which the Council expects its officers to show to one another.

89. Except for their immediate secretarial and clerical support, the assistants will have no

line management responsibility or power of direction over other staff. 90. Political assistants are not authorised to comment publicly on behalf of the Council as

a whole, or to commit the Council to any particular course of action, but can comment on behalf of the party group to which they have been assigned.

91. The level of access to Council documents and information shall be that enjoyed by

members. Local members and officers 92. To enable them to carry out their ward role effectively, members need to be fully

informed about matters affecting their ward. Senior officers must ensure that all relevant staff are aware of the requirement to keep local members informed, thus


5.26

allowing members to contribute to the decision making process and develop their representative role.

93. This requirement is particularly important:

• during the formative stages of policy development, where practicable, • in relation to significant or sensitive operational matters, • whenever any form of public consultation exercise is undertaken, and • during an overview and scrutiny investigation.

94. Issues may affect a single ward. Where they have a wider impact, a number of local

members will need to be kept informed. 95. Whenever a public meeting is organised by the Council to consider a local issue, all

the members representing the wards affected should be invited to attend the meeting as a matter of course.

96. If a local member intends to arrange a public meeting on a matter concerning some

aspect of the Council's work, he/she should inform the relevant officer. Provided the meeting has not been arranged on a party political basis:

• an officer may attend but is not obliged to do so, and • the meeting may be held in Council-owned premises.

97. No such meetings should be arranged or held in the immediate run-up to Council

elections. 98. Whilst support for members' ward work is legitimate, care should be taken if staff are

asked to accompany members to ward surgeries. In such circumstances: • the surgeries must be open to the general public, and • officers should not be requested to accompany members to surgeries held in the

offices or premises of political parties. 99. Officers must never be asked to attend ward [division] or constituency political party

meetings.

100. It is acknowledged that some Council staff may receive and handle messages for members on topics unrelated to the Council. Whilst these will often concern diary management, care should be taken to avoid Council resources being used for private or party political purposes.

101. In seeking to deal with constituents' queries or concerns, members should not seek to jump the queue but should respect the Council's procedures. Officers have many pressures on their time. They may not be able to carry out the work required by members in the requested timescale, and may need to seek instructions from their managers.

Members' access to documents and information 102. This part of the protocol should be read in conjunction with the Access to Information

Rules in the Council's constitution. 103. Members may request senior officers to provide them with such information,

explanation and advice as they may reasonably need to assist them to discharge their


5.27

roles as members. This may range from general information about some aspect of the Council's services to specific information on behalf of a constituent. Where information is requested on behalf of a third party, it will only be provided if:

• it is in the public domain, and • it is not barred by the Data Protection Act from being given. 104. Every member has a right to inspect documents about the business of that overview

and scrutiny panel, other committee or subcommittee on which he/she sits. 105. A member who is not a member of a specific overview and scrutiny panel, other

committee or sub-committee, may have access to any document of that specific part of the Council provided:

• he/she can demonstrate a reasonable need to see the documents in order to

carry out his/her roles as a member (the "need to know" principle), and • the documents do not contain "confidential" or "exempt" information as

defined by the law. 106. Disputes as to the validity of a member's request to see a document on a need to

know basis will be determined by the Monitoring Officer. Officers should seek his/her advice if in any doubt about the reasonableness of a member's request.

107. A member should obtain advice from the Monitoring Officer in circumstances where

he/she wishes to have access to documents or information: • where to do so is likely to be in breach of the Data Protection Act, or

• where the subject matter is one in which he/she has a personal or prejudicial interest as defined in the members' code of conduct.

108. Information given to a member must only be used for the purpose for which it was

requested. 109. It is an accepted convention that a member of one party group will not have a need to

know and therefore a right to inspect a document, which forms part of the internal workings of another party group.

110. Members and officers must not disclose information given to them in confidence

without the consent of a person authorised to give it, or unless required by law to do so.

111. When requested to do so, officers will keep confidential from other members advice

requested by a member. 112. Members and officers must not prevent another person from gaining access to

information to which that person is entitled by law. Media relations 113. All formal relations with the media must be conducted in accordance with the

Council's agreed procedures and the law on local authority publicity.

114. Press releases or statements made by officers must promote or give information on Council policy or services. They will be factual and consistent with Council policy. They cannot be used to promote a party group.


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115 Officers will keep relevant members informed of media interest in the Council's activities, especially regarding strategic or contentious matters.

116. Before responding to enquiries from the media, officers shall ensure they are authorised to do so.

117. Likewise, officers will inform the Council's press office [or similar] of issues likely to be of media interest, since that unit is often the media's first point of contact.

118. If a member is contacted by, or contacts, the media on an issue, he/she should:

• indicate in what capacity he/she is speaking (e.g. as ward [division] member, in a personal capacity, , on behalf of the Council, or on behalf of a party group);

• be sure of what he/she wants to say or not to say; • if necessary, and always when he/she would like a press release to be issued,

seek assistance from the Council's press office [or similar] and/or relevant senior officer, except in relation to a statement which is party political in nature;

• consider the likely consequences for the Council of his/her statement (e.g. commitment to a particular course of action, image, allegations of jumping to conclusions);

• never give a commitment in relation to matters which may be subject to claims from third parties and/or are likely to be an insurance matter;

• consider whether to consult other relevant members; and • take particular care in what he/she says in the run-up to local or national

elections to avoid giving the impression of electioneering, unless he/she has been contacted as an election candidate or political party activist.

Correspondence 119. Correspondence between an individual member and an officer should not be copied

to another member unless the author expressly intends and states that this is the case or consents. Where correspondence is copied, this should always be made explicit, i.e. there should be no "blind" copies.

120. Official letters written on behalf of the Council should normally be in the name of the

relevant officer. It may be appropriate in some circumstances (e.g. representations to a Government Minister) for letters to appear in the name of the Leader or the chairman of an overview and scrutiny panel.

121. The Leader may initiate correspondence in his/her own name. 122. Letters which create legally enforceable obligations or which give instructions

on behalf of the Council should never be sent in the name of a member.

123. When writing in an individual capacity as a ward member, a member must make clear that fact.

Access to premises 124. Officers have the right to enter Council land and premises to carry out their work.

Some officers have the legal power to enter property in the ownership of others. 125. Members have a right of access to Council land and premises to fulfil their duties. 126. When making visits as individual members, members should:


5.29

• whenever practicable, notify and make advance arrangements with the

appropriate manager or officer in charge; • comply with health and safety, security and other workplace rules; • not interfere with the services or activities being provided at the time of the visit; • if outside his/her own ward, notify the ward member(s) beforehand; and • take special care at schools and establishments serving vulnerable sections of

society to avoid giving any impression of improper or inappropriate behaviour. Use of Council resources 127. The Council provides all members with services such as typing, printing and

photocopying, and goods such as stationery and computer equipment, to assist them in discharging their roles as members of the Council. These goods and services are paid for from the public purse. They should not be used for private purposes or in connection with party political or campaigning activities.

128. Members should ensure they understand and comply with the Council's own rules

about the use of such resources, particularly:

• where facilities are provided in members' homes at the Council's expense; • in relation to any locally-agreed arrangements e.g. payment for private

photocopying; and • regarding ICT security.

129. Members should not put pressure on staff to provide resources or support which

officers are not permitted to give. Examples are: • business which is solely to do with a political party; • work in connection with a ward or constituency party political meeting; • electioneering; • work associated with an event attended by a member in a capacity other

than as a member of the Council; • private personal correspondence; • work in connection with another body or organisation where a member's

involvement is other than as a member of the Council; and • support to a member in his/her capacity as a councillor of another local

authority. Interpretation, complaints and allegations of breaches 130. This part of the protocol should be read in conjunction with any "whistleblowing" policy

the Council may have. 131. Members or officers with questions about the implementation or interpretation of any

part of this protocol should seek the guidance of the Monitoring Officer. 132. A member who is unhappy about the actions taken by, or conduct of, an officer

should:

• avoid personal attacks on, or abuse of, the officer at all times, • ensure that any criticism is well founded and constructive, • never make a criticism in public, and


5.30

133. Members should, where they consider it appropriate, take up the concern of the type referred to in 132 above with the officer privately If direct discussion with the officer is inappropriate (e.g. because of the seriousness of the concern) or fails to resolve the matter, the member should raise the issue with the officer's manager or the relevant senior officer.

134. A serious breach of this protocol by an officer may lead to an investigation under the

Council's disciplinary procedure. 135. An officer who believes a member may have acted other than in accordance with this

protocol should raise his/her concern with the Monitoring Officer. He/she will consider how the complaint or allegation should be dealt with. At a minor level, this may be no more than informally referring the matter to the leader of the relevant party group. More serious complaints may involve alleged breaches of the members' code of conduct, and may be referred to the Standards Board for England.


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WHISTLEBLOWING POLICY AND PROCEDURE (Public Interest Disclosure Act 1998) 1. INTRODUCTION

1.1 Corby Borough Council recognises that its staff are often in the best position to know

when the interests of the public are being put at risk. It also recognises that staff can act as an early warning system on matters of health and safety or to help uncover fraud and mismanagement in their workplace. However, staff may feel reticent about disclosing information because they:

a) Feel that they are being disloyal to their colleagues or the Council b) Fear reprisals through harassment or victimisation; or c) Are unsure of the way to proceed

Whatever the reason, they may believe it is easier to ignore their concern which may be

just a suspicion.

1.2 The Public Interest Disclosure Act 1988 recognises staff concerns. It is designed to provide protection to employees when making public interest disclosures of information (either internally or externally) from detriment or dismissal.

1.3 The Act and this policy covers all those working for Corby Borough Council including contractors working for the Council on Council premises, for example, agency staff. It also covers suppliers and those providing services under a contract with the Council on their own premises.

1.4 The word whistleblowing in this policy refers to the disclosure internally or by employees or ex-employees.

1.5 There are procedures in place to enable employees to lodge a grievance relating to their employment. This policy and procedure is intended to cover concerns that fall outside the scope of other procedures.

2. POLICY STATEMENT

2.1 Corby Borough Council is committed to ensuring that all its activities are conducted ethically, honestly and to the highest possible standard of openness and accountability so as to protect public safety and public money. In line with that commitment the Council expects its staff to voice their concerns about any Council activity over which they have concern. This must be actioned by staff without fear of reprisal.


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3. SCOPE OF THIS POLICY

3.1 The Council has a range of policies and procedures in place for staff to lodge a

grievance in relation to their employment. These include:

Code of Conduct for Employees\Protocols; Code of Conduct for Members Equal Opportunities Policy; Disciplinary Procedure; Grievance Procedure; Policy and Procedure for dealing with Bullying and Harassment; and Recruitment and Selection Policy and Procedures

All staff are encouraged to use the provisions in these procedures where appropriate.

3.2 However, there may be matters of a major concern or that fall outside of these other

procedures that need to be handled in a different way. This policy document outlines how staff can proceed without fear of harassment, victimisation and subsequent discrimination or disadvantage. The policy aims to encourage staff to raise serious concerns within the Council first, rather than ignoring the problem or reporting the matter outside.

Any serious concerns that a member of staff has about a Council activity or the conduct of any of its Officers or Members that he or she believes to be serious can be reported under the Whistleblowing Policy. The type of major concerns that are covered include:

Conduct which is an offence or a breach of the law; A criminal offence that has been, is being or is likely to be committed; Suspected fraudulent activity; Health and safety risk to either employee or the public; Damage to the environment Showing undue favour over a contractual or employment matter; A breach of Standing Orders or Financial Regulations; A breach of a Code of Conduct; A miscarriage of justice; Maladministration, misconduct or malpractice; and Deliberate concealment of any of the above

This list is not exhaustive and the policy can cover any other unethical conduct.

3.3 The overriding concern should be that it would be in the public interest for malpractice

to be corrected and, if appropriate, sanctions applied.


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4. SAFEGUARDS

4.1 Council responsibility

4.1.1 The Council recognises that the decision to report a concern is difficult to

make. However, if a member of staff believes it is the truth then they should have nothing to fear as they are fulfilling their duty to the Council and to those for whom they are providing a service

4.1.2 When a concern is raised the Council will be as supportive as possible harassment or victimisation (including formal pressure) will not be tolerated. If as a result of raising a concern in good faith, a member of staff experiences any pressure, the Council will take action to protect them.

4.1.3 All cases of suspected victimisation of staff who have raised a concern in good faith will be investigated under the Council's Bullying and Harassment Policy and Procedure. If victimisation is proved, the perpetrator will be considered guilty of a serious disciplinary offence and will be subject to appropriate disciplinary action in accordance with the Council's Disciplinary Procedure.

4.1.4 All concerns raised will be treated with the strictest confidence and the Council will make every effort not to reveal the identity of the person (the Whistleblower) making the complaint. However, depending on the nature of the concern and the outcome of the resulting investigation, the Whistleblower may be required to come forward as a witness.

4.2 Staff responsibility

4.2.1 Staff should avoid raising their concerns anonymously. The Council attaches less weight to concerns that are expressed anonymously although they may still be considered.

4.2.2 If an allegation is made in good faith but is not confirmed through investigation, no action will be taken against the Whistleblower and the designated Officer will ensure that he or she suffers no reprisals. However, if there is evidence that a malicious and false statement has been made, then disciplinary action may be taken against the person who has made the statement.

4.2.3 Staff may be asked to make comment in an investigation or inquiry concerning a Whistleblowing complaint. The Council recognises this may be difficult, but expects its staff to co-operate. The Council will be as supportive as possible harrassment or victimisation (including formal pressure) will not be tolerated. If as a result of co-operating with an inquiry or investigation a member of staff experiences any pressure the Council will take action to protect them.

4.3 The role of the Trade Union

4.3.1 Corby Borough Council recognises employees may wish to seek advice and be represented by their Trade Union(s) Representatives or Officers when using the provisions of this policy, and acknowledges the role the Trade Union Representatives or Officers play in this area.


5.34

4.3.2 Staff may prefer, in order to protect themselves or to maintain their anonymity, to invite their Trade Union or other representative to raise the matter on their behalf. The representative may be required to obtain additional information from staff so that a proper investigation can be undertaken.

5. HOW TO RAISE A CONCERN

5.1 It is essential that all allegations are heard by officers who are impartial and capable of taking an independent view on the concerns raised. Employees are encouraged to first raise their concerns with their manager (if appropriate) who will then be responsible for taking the matter forward to their Head of Service. If staff believe that the concern is of a serious enough nature or that management is involved, they, or their Trade Union Representative or Officer should approach one of the designated Officers directly. The Council has agreed for the following to act as designated Officers for independent consultation if staff believe that to be necessary.

Corporate Director (Resources) Corporate Director (Operational Services) Human Resources Manager Head of Legal & Democratic Services (Monitoring Officer)

5.2 There are no restrictions on the representative or advisor which an employee can

choose except that the representative may not be a current Elected Member of Corby Borough Council.

5.3 Procedure Concerns should be raised in writing. You will need to set out the

background and history of the concern giving names, dates and places where possible, and the reason why you are particularly concerned about the situation. If you do not feel able to put your concern in writing, you can telephone or meet a designated Officer. The designated Officer will make notes of any conversations with you so that, if required, a proper investigation can be undertaken. A copy of the notes will be supplied to you.

5.4 Alternatively you can leave a message on the 24-hour audit services answerphone. This service is strictly confidential and you will not be asked to give your name if you do not want to. (This answerphone will be kept secure at all times). The telephone number is inserted at the end of this Policy.

5.5 The earlier you express your concern, and the more details you have, the easier it will be to take action.

5.6 At this stage, you are not expected to prove the allegation, but you will need to demonstrate to the person contacted that there are sufficient grounds for your concern.

5.7 When raising any concerns, your rights under the Human Rights Act 1998 Article 8 (right to private family life) will be maintained.

5.8 Advice and guidance on how matters of concern may be pursued can be obtained from:

Your Line Manager Human Resources Audit Consortium Monitoring Officer


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Your Trade Union Representative or Officer

6. INVESTIGATING THE CONCERN

6.1 The Manager or designated Officer will then review the situation and decide upon the course of action following appropriate consultation. This decision, with reasons are to be formally recorded. All managers must report this matter to their Head of Service or the Monitoring Officer. If the allegations is a financial irregularity the matter must also be reported to the Corporate Director (Resources) and the Head of Financial Services.

6.2 A decision will be made as to whether an investigation is appropriate or not and, if so, what form it should take. If the concern falls within the remit of the other Council procedures the matter will normally be referred for consideration under those procedures.

6.3 In exceptional circumstances there may be very serious or complex concerns that require an inquiry. Corby Borough Council recognises the contribution the Trade Unions can make to an inquiry and will consult with the Unions about the scope, nature and recommendations of the inquiry.

6.4 The Whistleblower will be informed within 10 working days and in writing acknowledging:

That the concern has been received; How the matter will be dealt with; and

Whether initial enquiries have been made

A copy of this correspondence is to be sent to the Monitoring Officer and the Chief Executive unless this might compromise any investigation.

6.5 The person against whom the concern has been raised will be informed following the initial investigations if it is considered that there is an issue to be investigated further, subject to current personnel procedures. This person will be supported in an appropriate manner and will be informed of the progress of the investigation. The person against whom a concern has been raised is also entitled to Trade Union support, advice and representation.

6.6 The confidentiality of any complaint will be respected upon notification to the person against whom the concern has been raised.

6.7 Staff will be given an estimation of the time it will take to produce a final response. If this is more than 3 months, a monthly review of the time taken will be carried out. While every effort will be made to keep them informed of progress this will be subject to legal constraints on matters of confidentiality.

6.8 The Whistleblower can withdraw from the process at any stage. If this occurs the Whistleblower must inform the person with whom the initial concern was raised and any investigating officer. Reasons for the withdrawal will be requested and Human Resources will be informed.

7. HOW THE MATTER CAN BE TAKEN FURTHER

7.1 This policy is intended to provide staff with a formal procedure to raise and address their concerns and to protect them if they do so. It is hoped that staff will be satisfied by the action the Council takes. If they are not satisfied with the outcome of the


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investigation or do not wish to report the matter internally, the Council recognises that staff have the right to make disclosures to prescribed persons as determined by the Government and other outside bodies. This list includes:

Recognised Trade Unions Public Concern at Work External Auditor Local Government Ombudsman Police Relevant professional bodies or regulatory organisations Relevant voluntary organisations Consortium Audit Solicitor

7.2 If staff do decide to take the matter outside the Council, they must be careful not to

disclose certain personal and other confidential information. It is strongly recommended that the advice of the Monitoring Officer, Head of Legal & Democratic Services or a Trade Union Representative or Officer be sought before taking this action.

8. THE RESPONSIBLE OFFICER

8.1 The Monitoring Officer has overall responsibility for the maintenance and operation of this policy as provided under Financial Rules. The Monitoring Officer maintains a record of concerns raised and outcomes (but in a form which does not endanger your confidentiality) and will report, as necessary, via the Audit & Governance Committee of the Authority. A copy of the record of concerns raised and outcomes, or a digest of it will be supplied to Trade Unions at regular intervals.

8.2 Other useful contacts with respect to this policy are the Audit Consortium, the Human Resources Section and your Trade Union Representative or other representative.

9. REVIEW

9.1 This Policy and Procedure will be reviewed at intervals of not less than 2 years.

AUDIT SERVICES ANSWERPHONE: TEL:

Part Six – Members Allowance Scheme

6.1

PART SIX ALLOWANCES


6.2

CORBY BOROUGH COUNCIL REPORT OF THE INDEPENDENT PANEL ON MEMBERS’ ALLOWANCES

Full Council Report 9th March 2006

Introduction. 1. The Panel met on Tuesday 11th October 2005 and 12th December 2005 to

consider the Council’s Member Allowances Scheme in the light of the recent publication of Guidance on Consolidated Regulations for Local Authority Allowances. The Panel were supplied with background information including details of other similar reviews which have been undertaken. The last independent review undertaken for Corby was in 2002.

2. We were provided with published material from other councils, who are also

operating a streamlined committee system, concerning remuneration of councillors. The Panel noted that currently the Council’s allowances were exceptionally low in comparison with other local authorities. The Leaders of the three political groups currently represented on the Council, together with the Council’s Chief Executive, attended for part of the meeting held on 12th December 2005. All attendees were invited to submit comments/concerns to the Panel for consideration.

3. The Independent Panel comprised:

Don Latham, Private Local Government Consultant (Chairman) Mrs Hilary Buckingham JP Capt. D. L. Davidson MBE

Paul Goult (Democratic Services Manager) and Mrs Pauline Brennan (Committee Administrator) supported the Panel throughout the review. We would like to record our thanks to them and to Simon Aley, the Council’s Monitoring Officer, who provided us with legal advice. Also we wish to thank Cllr P Fawcett, Cllr A Howard, Cllr C Stanbra & Mr C Mallender who attended the meeting on 12th December 2005 to make representations to the Panel.

Summary of findings.

4. The Panel’s recommendations are as follows:

• That the basic allowance be set at £4,160 per annum (currently

£2,356.97). • That a revised and restricted range of special responsibility allowances

(SRAs) be introduced from 1stApril 2006 as set out in paragraph 14. • That no allowance be paid to Vice- Chairs. • That the scheme be updated each year in line with the NJC staff pay

award or any increase in the LGA daily rate. • That the caring allowance be improved to £5.80 per hour • That consideration is given to the introduction of a system of self-

appraisal.


6.3

• That members continue to be restricted to one SRA. • That pension provision is not introduced. • That the scheme of travel and subsistence (within Corby Borough) be

terminated. • That the telephone allowance be terminated. • That no allowance be paid to co-opted members. • That no allowances be paid to suspended members. • That allowances be paid monthly through the payroll from 1st April 2006. • That all ward surgery costs be met by members from their Basic

Allowance.

General Commentary and Findings.

5. The Panel were made aware of the principles that are now regarded as foundational to a scheme of member allowance payments. Firstly as part of a package to improve the working of Councils e.g. streamlining the committee process. Secondly, to encourage a greater diversity in those standing for office thus achieving a better representation of the community.

The allowances in Corby having historically been set at a very low level may be ‘saving’ a small sum of money in the short term but the Panels view is that this may not be assisting the achievement of these bigger objectives. Our proposals will require an increase in the budget but will result in a simplified transparent scheme based on current best practice with consequent savings in costs of administration. The Panel recognise the need to monitor and evaluate the new scheme through the introduction of a self-appraisal process as part of member training.

Basic allowance.

6. It has been shown that on average backbenchers spend 57 hours per month on

council business, but are compensated for only 38 hours suggesting that 33% of their time is given voluntarily. The time that other councillors with greater responsibility put in is considerably greater. (IDeA Review - Nov 2001). The Association of London Government report also proposes that there should be a significant voluntary element (say 20 hours a month) and that ‘a remuneration scheme should seek to reflect no more than 40 hours effective work per month.’ The Panel having considered the options decided to adopt the same principles.

7. Many Councils use the Local Government Association’s daily rate (currently

£130), as the basis of calculation. This is based on the median male white-collar wage divided by 250. After deliberation, the Panel felt that it would be appropriate for Corby Borough Council to base its allowance scheme on the LGA rate (£130). We have assumed a minimum of 48 days a year and have discounted a third to be voluntary. The calculation is as follows:-

£ 130 x 32 (48 days - 16 voluntary) = £4,160


6.4

8. Allowances are subject to income tax. However, as the basic allowance is intended to recognise the time devoted by councillors to their work, some incidental costs (e.g. use of their homes and private telephone) may be deducted from the allowance received in calculating how much of the allowance is taxable. This would be subject to agreement of the Inland Revenue. Expenses can be offset against tax liability if it can be shown they have been wholly, exclusively, and necessarily, incurred in the performance of duties. (Members may well require advice & guidance with making such claims).

Special Responsibility Allowances.

9. The most important first step is setting the allowance for the Leader. Although not requiring professional qualifications the range of skills required is considerable and we have proposed an allowance equivalent to 3.0 times the basic allowance (£12,480). In making this recommendation the Panel have taken into account the role undertaken by the present leader and that it is common practice to set the Leaders allowance for larger authorities at three times the basic. (Band 3) We propose an allowance of £6,240 (1.5 basic) for the Deputy Leader. (Band 2B)

10. The Panel is recommending that the five Lead Members on the One Corby

Policy Committee should have an SRA equal to 25% basic i.e. £1,040, in recognition that they liase regularly with staff within their respective areas of interest to ensure Council policy is being implemented, monitor delivery of services and raise concerns to staff from other councillors. Whilst they cannot make individual decisions we see their role as vitally important to improved communication and improved implementation of Council policy. (Band 1)

11. The Panel is recommending that Committee and Panel Chairs be paid an SRA

equal to 50% Basic allowance i.e. £2,080. (Band 2A)

12. The Panel is recommending that the Leader of the main opposition group be paid an SRA equal to 50% Basic Allowance i.e. £2,080. (Band 2A) It is a minimum requirement of the scheme that at least one opposition member should receive an SRA. The Panel make no recommendation other than that this should be reconsidered following the next elections.

13. The Panel do not recommend that SRAs be paid to Vice Chairs. The

Regulations emphasise that payments should only be made to a minority of councillors who undertake ‘significant additional responsibilities’. The Panel were informed that for this reason it was, in the experience of the Chairman, uncommon for Panels to recommend such payments. The Panel were made aware of the challenge that had been made previously to such payments and the response of the District Auditor. We were aware of the legal arguments but our decision is based solely on the merits of the case and the principle of keeping SRA payments to the minimum in line with best practice.

14. We considered payments to co-opted members and in particular a possible

payment to the Chairman of the Standards Committee. We do not consider that it would be appropriate to introduce such payments at this time.


6.5

15. Our recommendations would allow for a maximum of 15 SRAs. Although this

represents a potential of 51% of the Council we recognise it is unlikely all 15 would be claimed in any one year (due to the one SRA/Member rule). We strongly recommend that this should be the extent of the list. The allowances for the proposed bands would be :-

Basic Allowance £4,160 Band 1 £5,200 (£4,160 basic plus £1,040) Band 2A £6,240 (£4,160 basic plus £2,080) Band 2B £6,240 (£4,160 basic plus £2,080) Band 3 £10,400 (£4,160 basic plus £6,240) Band 4 £16,640 (£4,160 basic plus £12,480)

BANDING POSITION AMOUNT/POST OPTIMUM NO. of RECEPIENTS

TOTAL MAX COST 2006/2007

BASIC All Elected Members

£4,160.00 29 120,640

SUB-TOTAL £120,640.00

SPECIAL RESPONSIBILITY ALLOWANCE (SRA) in addition to Basic Allowance(only one SRA maximum per individual)

B1 Lead Members £1,040.00 5 £5,200.00B2A Chairs of full

Committees & Panels

£2,080.00 7 £14,560.00

B2B Leader of the main Opposition Group

£2,080.00 1 £2,080.00

B3 Deputy Leader £6,240.00 1 £6,240.00B4 Leader £12,480.00 1 £12,480.00

TOTAL £40,560.00 TOTAL £161,200.00

16 The Panel recommends that individual councillors should continue to be

restricted to claiming only one Special Responsibility allowance. Under our proposed scheme the budget requirement would increase from £100,180 to £161,200 in a full year. These figures do not include the carer’s allowance. It is noted that no claim for carer’s allowance has been made under the current scheme. Budgetary provision for carer’s would need to be reviewed on an annual basis.


6.6

Updating.

17 Previously the allowances have been updated in line with the annual NJC

pay award. Given that the Panel are linking their recommendations to the LGA daily rate the Council may wish to consider linking any future annual increases to the LGA rate. This can be done without any requirement for the panel to meet. The Council should thereafter increase the allowances by the agreed NJC staff pay award each year or by the LGA daily rate increase.

Pensions. 18 The Panel considered whether Councillors should be recommended for

eligibility to join the Local Government Pension Scheme and if Basic and/ or Special Responsibility should be treated as amounts in respect of which pensions were payable. The views of the Panel were that it was not appropriate to introduce the pension provision at this time as it was felt that the overall package of allowances was sufficient and that the addition of a small pension at quite considerable cost to the Council and taxpayers would not particularly encourage younger people to stand for Councillor.

Travel and subsistence. 19 We recommend as part of our proposals to streamline the administration of

the scheme that travel and subsistence should no longer be paid for duties undertaken within the Borough. Where it is necessary to travel outside the Borough on ‘approved’ Council duties any travel and subsistence could continue to be claimed under the existing scheme of allowances.

Telephone Allowance

20 The Panel considered that the telephone allowance should now be

incorporated within the basic allowance and that separate payments by the Council be terminated.

Caring Allowance.

21 The Panel considers that the careers’ allowance should continue although to

date we understand has not been claimed. This is in accord with ‘best practice’ and provides practical evidence that the Council does not wish to preclude anyone from membership. The Panel recommend that the allowance be increased to an hourly rate equal to the minimum wage – currently £ 5.80 per hour. The Panel briefly considered whether to place a ceiling on the total amount claimed on an annual basis under this allowance, however, felt it was inappropriate to do so at this time.

Support services for Members

22 Although not a major main topic for our review we were conscious of the

needs of members to have appropriate training and other support services


6.7

such as computing e.g. the provision of lap top computers. We were made aware of what the Council had achieved to date and recommend that members continue to seek to work in a way that is most cost effective for the Council.

Our proposed increase in allowances assume that members will fully participate in training events and that as part of member development we recommend that consideration be given urgently to the introduction of some form of self appraisal.

Renunciation.

23 The Panel noted that a councillor may, by notice in writing, elect to forgo any

part of his/her entitlement to an allowance. Allowances paid, or available to councillors on income related benefits are offset against benefits received.

Suspension.

24 The Panel was informed that under the new legislation members who had

been suspended could have allowances withheld during that suspension. The Panel agreed that no allowances be paid to any member who has been suspended and any allowance paid be reimbursed. This should be built into the Council’s scheme.

Administration. 25 It is normal practice for members to hold ward surgeries but in future we

recommend that, in line with accepted practice, all such costs should be met by members from their basic allowance. The costs associated with the weekly Council Surgery would continue to be met by the Council.

It has been recognised nationally as best practice for allowances to be paid monthly through the payroll and we strongly recommend that this should operate in Corby from 1st April 2006.

Conclusion. 26 Our proposals represent an increase in the basic allowance of 76% and

therefore the SRAs have increased as a consequence of the multiplier effect. The Association of London Government (ALG) report stated that to have more than one third of members with a SRA would be top heavy. We have recommended a maximum of fifteen. We note that in any given year it is unlikely that all 15 SRAs would be claimed. We have also made proposals that will streamline the administration of the scheme and reduce costs.

27 We hope that the Council will recognise that our proposals as a package,

although still leaving the Council in the lower quartile of local authorities for allowances paid to Members, can make an essential contribution to achieving the objectives of the Council.


6.8

APPENDIX A List of Special Responsibility Allowances (SRA) Proposed i) Leader of the Council ii) Deputy Leader of the Council iii) Chair of One Corby Policy Committee iv) Chair of Local Plan Committee v) Chair of Parkland Gateway Committee vi) Chair of Overview & Scrutiny Panel vii) Chair of Democracy & Governance Panel viii) Chair of Development Control Committee ix) Chair of Licensing & Regulation Committee x) Leader of the main Opposition Group xi) Lead Member for Leadership xii) Lead Member for Community xiii) Lead Member for Regeneration xiv) Lead Member for Environment xv) Lead Member for Housing

Part Seven – Management Structure

7.1

PART SEVEN MANAGEMENT STRUCTURE


7.2

MANAGEMENT STRUCTURE The current management structure of the Council has recently been reviewed. Below are details of the new structure.

CORE MANAGEMENT TEAM

Chief Executive – Mr Chris Mallender Corporate Director (Resources) – Mr Paul Hymers Corporate Director (Operational Services) – Mr Norman Stronach Contact Address for Core Management Team: Corby Borough Council Grosvenor House George Street Corby. Northamptonshire NN17 1QB

HEADS OF SERVICE

Financial Services – Mr Adrian Sibley Regeneration & Growth – Mrs Rebecca Yee Environmental Quality – Mr Iain Smith Customer First – Tim Marren Neighbourhood Pride – Mrs Angela Warburton Special Projects – Mr Peter Griggs Culture & Leisure – Mr Chris Stephenson Legal & Democratic Services – Mr Simon Aley Assistant Chief Executive – postholder seconded

• The designated “Head of Paid Service” is the Chief Executive.

• The designated “Chief Finance Officer” is the Corporate Director (Resources).

• The designated “Monitoring Officer” is the Head of Legal & Democratic Services.


7.3

Head of Service Position

Main Area(s) of Responsibility

Head of Financial Services Mr Adrian Sibley (Deene House)

• Accountancy • Revenues and Benefits • Taxation and Risk • Northamptonshire Audit Consortium

Head of Legal & Democratic Services Mr Simon Aley (Grosvenor House)

• Legal Services • Land Charges • Asset Management (including Estates) • Democratic Services

Head of Special Projects Mr Peter Griggs (c/o Grosvenor House)

• New Swimming Pool Project • New Civic Hub Project • Parklands Gateway Project

Head of Customer First Mr Tim Marren (Grosvenor House)

• One Stop Shop • Corporate Enterprise Team • ICT Services

Head of Neighbourhood Pride Mrs Angela Warburton (Deene House)

• Housing Needs and Allocations • Housing Teams (Private & Public Sector) • Central Management • Property Improvement Teams • Repairs Team

Head of Culture & Leisure Mr Chris Stephenson (Grosvenor House)

• Community Regeneration • Community Safety • CCTV • Health Improvement • Leisure Facilities • SRB (Single Regeneration Budget)

Head of Environmental Quality Mr Iain Smith (Deene House)

• Environmental Care (including Refuse Collection, Grounds Maintenance and Environmental Cleansing)

• Environmental Health • Engineering & Technical Services • Health and Safety • Garage Services

Head of Growth & Regeneration Mrs Rebecca Yee (Grosvenor House)

• Economic Regeneration • Building Control • Development Control • Local Plan


7.4

Contact Address: CBC GROSVENOR HOUSE, George Street, Corby. Northamptonshire NN17 1QB CBC DEENE HOUSE, New Post Office Square, Corby. Northamptonshire.

Part Eight – Constitutional Amendments

PART EIGHT CONSTITUTIONAL AMENDMENTS

8.1


This part of the Constiution details the significant amendments made to the document since its adoption by Full Council on 13th September 2001.

8.2


Full Council Summary of individual reports to Full Council on Constitutional issues:- 18th October 2001 1. Constitution – Additional Items

i) Article 16 – Electronic Government ii) FORTAC iii) Chairs and Vice Chairs iv) “Whistleblowing” Procedure v) Housing Needs Forum

21st May 2002 1. Constitutional Amendments

i) Co-opted Members ii) Ex-officio status iii) Financial Rules & Scheme of Financial Delegation iv) Vice-Chair(s) of Community Committee v) Overview and Scrutiny Panels – frequency of meetings vi) The Corby Debate

8th August 2002 1. Members Allowances – Report of Panel 17th October 2002 1. Contract Standing Orders and Mandatory Procurement of Practice 21st November 2002 1. Local Plan Committee – establishment of. 20th February 2003 1. Rural Area Forum 2. Joint Consultative Committee 5th February 2004 1. Safety Committee – Terms of Reference 26th February 2004 1. Committee/Panel Timetable

8.3


Democracy and Governance Panel Summary of discussions on Constitutional Issues: 30 April 2002 1. Review of Constitution

i) Co-opted members ii) Ex-Officio Status iii) Financial Rules & Scheme of Financial Delegation iv) Vice-Chair(s) of Community Committee v) Overview & Scrutiny Panels – frequency of meetings vi) Complaints Procedure and handling vii) The Corby Debate

3 September 2002 1. Complaints Procedure 6 February 2003 1. JCC Terms of Reference 2. Rural Area Forum 3. Ex-Officio Status 4. The Corby Debate 18 March 2003 1. Licensing & Regulation Committee 29 July 2003 1. Whistleblowing Policy 2. Co-Opted Members & Declarations of Interest 20th January 2004 1. Overview & Scrutiny Procedure Rules 16th March 2004 1. Officer Scheme of Delegation – Head of Street Scene, Environment &

Technical 23rd June 2004 1. Employees Code of Conduct

8.4


Resources and Regeneration Committee Summary of discussion on Constitutional Issues: 15th October 2002 1. Change to Scheme of Delegation for Development Control

8.5


Standards Committee Summary of discussions on Constitutional Issues: 24th October 2002 1. Ex-officio status

8.6

constitution of corby borough council constitution.pdf · 1.4 overview and scrutiny there is an...

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