part 3 - responsibility for functions - wakefield...the cabinet (in part or whole) or as council...

Part 3 - RESPONSIBILITY FOR FUNCTIONS Introduction This part of the Constitution sets out who is responsible for the various functions of the Authority. Functions fall into the following categories:- 1. Local Choice Functions There are some functions which the Authority may treat as the responsibility of

the Cabinet (in part or whole) or as Council (non-executive) functions, at its discretion. Section 1 sets out these functions and shows who is authorised to discharge them.

2. Council (non-executive) Functions These are functions which, under the law, cannot be the responsibility of the

executive (Cabinet). In some cases, such as adopting the Council’s budget or the policy framework, only full Council may discharge the function. In other cases, the Council may delegate the responsibility for discharging a function to a Committee or an Officer.

Article 4.2 of the Constitution sets out functions which will only be exercised by

full Council. Section 2 below summarises which Council (non-executive) functions are

delegated to specified Committees or Officers, or exercised by full Council. 3. Executive Functions All other functions are executive functions. Decisions on these will be taken by

Cabinet, unless they are dealt with under joint arrangements or delegated to a Committee of Cabinet, a member of Cabinet or an Officer.

3.1 Responsibility for Local Choice Functions

Function Decision making body and Membership

Delegation of Functions (see Terms of Reference/ Officer delegation Scheme

Functions under a local Act (other than one specified or referred to in Regulation 2 or Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as amended

Cabinet The relevant Corporate Director for the function concerned.

Determination of an appeal against any decision of the authority

Council Licensing Sub-Committee 3 (Regulatory and Appeals) insofar as appeals not delegated to any other Committee or Corporate Director

The making of arrangements for the hearing of appeals against exclusion of pupils

Cabinet Chief Legal Officer

The making of arrangements for the hearing of schools admission appeals


The making of arrangements for the hearing of appeals brought by governing bodies of a requirement that they take pupils excluded from other schools


The making of arrangements to enable questions to be put at Council meetings on the discharge of the functions the Police and Crime Panel.

Council Chief Legal Officer

The making of appointments of members to the Police and Crime Panel.

Council

The conduct of best value reviews Cabinet (See also the role of Overview and Scrutiny Committees)

Any function relating to contaminated land Cabinet Corporate Director Regeneration & Economic Growth



The control of pollution or the management of air quality

Cabinet Corporate Director Regeneration & Economic Growth

The service of an abatement notice in respect of a statutory nuisance


The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority's area


The inspection of the authority's area to detect any statutory nuisance


The investigation of any complaint as to the existence of a statutory nuisance


The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976.

Cabinet Corporate Director (Regeneration and Economic Growth; Corporate Director, Adults and Health; Corporate Director, Children & Young People; Chief Legal Officer; Chief Finance Officer

The making of agreements for the execution of highways works

Cabinet Corporate Director (Regeneration and Economic Growth

The appointment of any individual - (a) to any office other than an office in which he/she is employed by the authority; (b) to any body other than - (i) the authority; (ii) a joint Committee of two or more authorities or other body constituted; or (c) to any Committee or sub-Committee of such a body, and the revocation of any such appointment.

Council (63 Members of the Council) or Members of the Cabinet in accordance with arrangements agreed by the Council



To make agreements with other local authorities for the placing of staff at the disposal of those other authorities

Cabinet

Health and Social Care Act 2012 Functions relating to the duty on local authorities to take steps to improve the health of their population. Section 196(2) of the Act enables both non-executive and executive functions to be delegated to the Health and Wellbeing Board.

Health and Wellbeing Board

No delegation

3.2 Responsibility for Council Functions (Non-Executive)

Functions as set out in Schedule 1 of the Local Authorities (Functions and Responsibilities) Regulations 2000

Decision making body and Membership

Delegation of Functions (see terms of Reference/Officer Delegation Scheme)

Functions relating to Elections and Referenda The appointment of the Electoral Registration Officer and the appointment of the Returning Officer for local elections and referenda as to polling districts including, the appointment of a Petition Officer under the Recall of MP’s Act 2015. Local election pilot schemes. Power to submit proposals for pilot schemes for elections. Other functions relating to elections and referenda: Power to assign officers in relation to requisitions of the registration officer Duty to provide assistance at European Parliamentary elections. Duty to hold referenda where legislation permits. The division of constituency into polling districts. The division of electoral divisions into polling districts. Power in respect of holding elections. Duty to declare vacancy in office in certain circumstances. Duty to give public notice of a casual vacancy. Power to determine fees and conditions for supply of copies of, or extracts from, elections documents.

Council Council Council Council Council Council Council Council Council

The Chief Legal Officer shall be the Electoral Registration Officer for the Council and the Returning Officer for all elections and referenda to which the Council has power to make the appointment The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive




Power to pay expenses properly incurred by the electoral registration officer. Power to fill vacancies in the event of insufficient nominations. Power to make temporary appointments to Parish Councils. Functions in relation to parishes and parish Councils. Power to dissolve small Parish Councils. Making of orders for grouping and separating parishes from groups. Polling district reviews. To consider the outcome of a Community Governance Review undertaken in accordance with Government Guidance. Requests to the Boundary Commission for England. Changes in the Council’s Governance arrangements.

Council Council Council Council Council Council Council Council Council Council

The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive No delegation No delegation No delegation

Power to change the name of the District or Parish.

Council No delegation.

Approve the Pay Policy Statement

Council No delegation

Power to confer title of honorary alderman/alderwoman or to admit to be an honorary freeman/freewoman of the District.


Power to make, amend, revoke or enact by-laws.

Council Chief Legal Officer




Local or Personal Bills Power to promote or oppose local Bills in Parliament.

Council

No delegation

Members Allowances


Pensions Functions relating to local government pensions.

Council

Service Director HR & Organisational Development

Staff Appointment of staff and terms and conditions of service including discipline and grievance matters.

Council HR & Organisational Development

Planning and conservation Functions relating to town and country planning, development and building control and conservation.

Planning and Highways Committee

Service Director – Planning, Transportation and Strategic Highways

Tree preservation and Hedgerows Functions relating to the preservation of trees and the protection of important hedgerows.



High Hedges Functions relating to high hedges.



Highways status use and regulation Functions relating to the creation, stopping up, diversion and regulation of the use of highways (including footpaths bridleways and cycle tracks).



Health and Safety Functions relating to health and safety under any relevant statutory provision within the meaning of part 1 of the Health and Safety at Work Act 1974 otherwise than in the capacity of the Council as an employer.

Licensing Committee

Corporate Director, Regeneration & Economic Growth




Commons registration Functions relating to the registration of common land or town and village greens.

Licensing Committee Regulatory & Appeals Sub-Committee

Chief Legal Officer

Sports Grounds Functions relating to safety of sports grounds.

Corporate Director Regeneration and Economic Growth

Markets and Street Trading Power to license market and street trading.

Licensing Committee Regulatory & Appeals Sub-Committee


All Functions relating to licensing and registration activities.

Licensing Committee Licensing Sub-Committee 3 (Regulatory & Appeals)

Chief Legal Officer

All Licensing Functions including but not restricted to those under the Licensing Act 2003, and Gambling Act 2005 and the Police and Social Responsibility Act 2012.

Licensing Committee Licensing Sub-Committee 1 & 2

Chief Legal Officer

Determination as to whether a charge should be made and where applicable the level of such fees and charges, for the issue, approval, consent, license, permit or other registration for licensing functions for which the Council has responsibility.

Licensing Committee

No delegation

Amendments to the Town and Parish Charter





Smoking Cessation Functions under Part 1, Chapter 1 of the Health Act 2006

Licensing Committee

Corporate Director Regeneration and Economic Growth

Licensing of caravan sites, campsites etc. as detailed in Part B of Schedule 1 of The Local Authorities (Functions and Responsibilities) (England) Regulations 2000.

Licensing Committee

Corporate Director Regeneration & Economic Growth

Description: Licensing and Registration of any food process or premises (not including Licenses required under the Licensing Act 2003) as detailed in Part B of Schedule 1 of The Local Authorities (Functions and Responsibilities) (England) Regulations 2000, including:

Game Dealers etc.

Licencing and Registration of Food Premises.

Approval of Meat Products Premises

Approval of Premises for the Production of Minced Meat / Meat Preparation.

Approval of Dairy Premises.

Approval of Egg Product Premises.

Approval Fish and Shellfish Premises, Vessels, markets etc.

Approval Fish Product Premises.

Licensing Committee. Licensing Sub-Committee 3 (Regulatory & Appeals)

Corporate Director, Regeneration & Economic Growth.

Licensing and Registration of any animal related activity or premises as detailed in Part B of Schedule 1 of The Local Authorities (Functions and Responsibilities) (England) Regulations 2000, including:

Dog Breeding

Animal Boarding

Pet Shops

Animal Trainers / Exhibitors / Performing Animals.

Zoos

Dangerous Wild Animals

Knacker’s Yards

Licensing Committee Licensing Sub-Committee 3 (Regulatory & Appeals)

Corporate Director, Regeneration & Economic Growth.




Riding Establishments

Movement of Pigs, Sheep and Cattle

Consents for the operation of a loudspeaker

Licensing Committee


Statement of Accounts Duty to approve the Council’s statement of accounts, income and expenditure and balance sheet, or record of payments and receipts (as the case maybe)

Audit and Governance Committee

No delegation

Approval of the Council Tax Base for Wakefield MDC and for Parish / Town Council areas. The Council Tax Base will form part of the calculation of Council Tax to be considered at Budget Council each year. In accordance with the requirements of the Local Government and Finance Act 1992 the Council Tax Base must be set annually between 1 December and 31 January.

Council Chief Executive acting in consultation with the Chief Finance Officer and the Leader of the Council.

Approval of the Appointment of a Post over £100,000 as required by the Localism Act 2011.


Appointment of Chief Executive Recommendations to the Council regarding the appointment of the Chief Executive and subject to the provisions of the relevant Regulations to deal with any disciplinary matters relating to the post.

The Appointment Panel (Chief Executive) - shall consist of 5 Members reflecting political balance. Substitutes for members of the Appointments Panel are permitted. (Quorum 3 Members)

No delegation




Appointment of Corporate Directors, , Service Directors, Chief Legal Officer and Chief Finance Officer Appointment of Corporate Directors, , Service Directors and the Chief Legal Officer and subject to the provisions of the relevant Regulations to deal with grievance, grading appeals or any disciplinary matters relating to their post.

The Appointment Panel - shall consist of between three and six Members reflecting the political balance of the Council. Substitutes for members of the Appointments Panel are permitted. (Quorum 3 Members)

No delegation

Determination of Appeals To consider appeals against dismissal, grading and grievances by employees (not Corporate Directors or Directors) of the Council.

Corporate Directors in accordance with the Officer Delegation Scheme

To determine appeals against any decision made by or on behalf of the Authority including those relating to Education, Social Services, Housing and Housing Benefits but excluding any matter when an appeal is provided for elsewhere in this Part 3.

Licensing Regulatory and Appeals Sub-Committee 3

Corporate Directors in accordance with the Officer Delegation Scheme

The promotion and maintenance of high standards of conduct within the Council To monitor and advise the Council about the operation of its Codes of Conduct in the light of best practice and statutory guidance.

Standards Committee

Chief Legal Officer

Assistance to Members and Co-opted Members of the Authority To ensure that all members of the Council have access to training including training for Chairs of Committees, in all aspects of the member Code of Conduct, that this training is actively promoted and that

Standards Committee

Chief Legal Officer




members are aware of the standards expected from local Councillors under the Code.

Other functions Functions relating to standards of conduct of Members and Officers under any relevant provision and to consider and determine complaints against Councillors and Parish/Town Councillors referred to the Council and breaches of local Codes.

Standards Committee

Chief Legal Officer

Maladministration Power to make payments or provide benefits in cases of maladministration

The relevant Corporate Director for the service concerned

Reviewing and monitoring the Council’s response to: (i) probity and standards issues arising

from internal audit functions and reports of the external auditor,

(ii) corporate governance issues,

including overview of whistle blowing, antifraud and corruption policies and complaints handling.

(ii) Local Ombudsman's investigations

Standards Committee

The relevant Corporate Director subject to informing the relevant Cabinet Member or Committee Chair

Ombudsman Approving local settlements of Ombudsman investigations and responding to Ombudsman findings

Standards Committee

The relevant Corporate Director subject to informing the relevant Cabinet Member or Committee Chair

Accounts and Audit matters Consideration of issues relating to the Council’s accounts and the Audit Commission’s Annual Management Letter.

Audit and Governance Committee

Pharmaceutical Needs Assessment To determine whether a notified change to the Pharmaceutical Needs Assessment is minor or major.

Health and Wellbeing Board

Director of Public Health




Functions as set out in Part 5 of the Housing and Social Care Act 2012

Council See Delegation of Functions to the Director of Public Health

Emergency Arrangements – Council Committee’s


Delegation

Licensing Committee Council That all non-executive Members of Council be named as substitute members of the Committee and Sub-Committees in the event of emergency situations such as a pandemic.

Planning and Highways Committee Council That all non-executive Members of Council be named as substitute members of the Committee in the event of emergency situations such as a pandemic.

3.3 Delegations to Officers (Executive Functions) 3.3.1 The Officer Delegation Scheme confers on Corporate Directors extensive

powers to carry out Executive Functions in addition to the functions delegated to Corporate Directors in relation to Council Functions set out in Part 3 of the Constitution. Officers implement the Council’s policies and strategies within the policy and budgetary framework set by the Council. Where a function is delegated to a Corporate Director via this Constitution, he/she shall have delegated authority to deal with all matters relating to that function, except where there is a restriction on the delegation set out in the Scheme of Delegation.

3.3.2 The Delegations to Corporate Directors does not include delegated authority to

take key decisions as defined in Article 13 of the Constitution, except that the Chief Executive, in exercising his or her delegated authority to take decisions in cases of emergency, may take key decisions.

3.3.3 If it appears to the Chief Executive that any function has not been delegated to a Corporate Director and that it is a function that has not been reserved deliberately to Council, Cabinet or a Committee and it is necessary for the function to be exercised, then in consultation with the Leader or in his/her absence the Deputy Leader he/she may nominate a Corporate Director to exercise this function on a temporary basis subject to reporting the need for an amendment to be made to the Constitution to Council within 2 months, or to the next available meeting of Council following the expiry of the 2 months.

3.3.4 If there is any disagreement about which Corporate Director has responsibility

for any function delegated in Part 3 of the Constitution, the Chief Executive’s decision on the matter shall be final.

3.3.5 This Section and the Officer Delegation Scheme at Part 3 shall be read together

with paragraphs 3.1 and 3.2 within Part 3 of this Constitution, which shall comprise the Officer Delegation Scheme.

3.4 Responsibility for Executive Functions (Members) 3.4.1 The Leader exercises the powers given to him/her in accordance with the Local Government Act 2000, as subsequently amended

The Leader will provide effective strategic leadership to the authority and discharge executive functions and will determine which functions he will delegate to Cabinet, acting collectively or individually. These include those local choice functions identified in Section 3.1 above as the responsibility of the Cabinet and all other functions of the Authority not specified in Section 3.2.

3.4.2 The Leader leads on the development of local, regional and national and European policy and strategic partnerships The Leader will comply with the appropriate parts of the Executive Procedure Rules set out in Part 4 of the Constitution and the Access to Information Procedure Rules when taking Executive decisions.

3.5 Responsibility of Cabinet 3.5.1 The role of Cabinet is determined by the Leader. The Cabinet is responsible for

making such recommendations as it chooses to Council on the authority’s policy and budget framework and for the co-ordination and performance of services and functions within the agreed policy and budget framework. The Leader is responsible for determining the Scheme of Delegation for all executive (Cabinet) functions

3.5.2 All key decisions shall be made in accordance with the Constitution by Council,

the Leader, Cabinet or Cabinet Committees except where that body has given a specific delegation to Cabinet Member(s) or Corporate Directors. Cabinet makes recommendations to Council on the budget and policy framework.

The Terms of Reference for Cabinet are set out below. This list is not exhaustive.

3.5.3 Cabinet - Terms of Reference Executive Functions

(a) To make recommendations on functions reserved for determination by the full Council as set out in the Constitution, that are not solely Council side Functions.

(b) To consider matters relating to the overall co-ordination of Council

business and approve any action required as a consequence. (c) To consider matters relating to the development of the Council’s

business change agenda and approve any action required as a consequence.

(d) To receive reports monitoring the overall performance of Council

services, from the External Auditor or arising from external inspection or assessment and to approve action plans arising there from.

(e) To approve, or approve variations to, strategies and policies, plans,

programmes and procedures which are consistent with the budget and policy framework determined by the full Council, in accordance with the Constitution.

(f) To approve variations to overall capital or revenue programmes in

respect of the costs of schemes which cannot be contained with the budgetary allocation and existing financial rules, subject to the Council’s Budget and Policy Framework.

(g) To receive references from Overview and Scrutiny Committees and

approve any action required in response to these. (h) To approve matters which fall within the definition of a Key Decision

unless a matter has been delegated to an individual Member or Officer.

(i) To nominate or appoint Members to outside bodies, except where

the approval of full Council is required

(j) To approve the closure of residential homes.

(k) To approve major Directorate restructures and where appropriate make recommendations to Council.

(l) To receive reports regarding proposed expenditure on key

decisions on specific contracts (whether by framework or not) in

order to approve undertaking market consultation and approving delegations for actions thereafter.

(m) To deal with any other matter as set out in this Constitution.

In relation to the Council Constitution

1 To review the effectiveness of the operation of the Constitution to ensure

that the aims and principles of the Constitution are given full effect

2 To consider recommendations from the Audit and Governance Committee and any other Committee and approve changes to documents which accompany the Constitution

3 To consider recommendations from the Standards Committee and

approve changes to the Constitution and the documents which accompany the Constitution

4 To make recommendations to Council on changes to the Constitution 5 To approve changes to the Executive Procedure Rules

6. To note changes to the following Code and Procedure Rules:-

Officer Employment Procedure Rules Employees Code of Conduct 3.5.4 The Cabinet takes all decisions brought before it collectively.

3.5.5 The full Council is the authority’s sovereign body. However, where any

functions involve the preparation of a strategic policy for the Council the draft plan or strategy should be considered in the first instance by the Cabinet.

3.5.6 Where the Leader delegates responsibility for the exercise of executive

functions to individual Members (s)he shall determine the extent of any authority delegated to them including details of the limitation on their authority.

3.5.7 Responsibility for Executive Functions are set out in the following table:-

(i) Portfolio: Leader of the Council Main Role To exercise the powers vested in the Leader in accordance with the Local Government Act 2000 as amended by section 62 of the Local Government and Public Involvement in Health Act 2007. To provide visible political leadership in relation to citizens, stakeholders and partners in the overall co-ordination of Council policies, strategies and service delivery. To lead on the development of local, regional, national and European policy. To lead the Council’s contribution to working with partners to achieve agreed objectives and the promotion of the economic, social and environmental well-being of citizens. Duties and Responsibilities 1) To lead and Chair Cabinet meetings.

2) To represent and act as an ambassador for the Authority.

3) To lead in developing strategic partnerships with agencies, citizens and

stakeholders in relation to the delivery of strategic objectives and the provision of services to citizens.

4) To have overall responsibility for:

Strategic Policy and Budget issues.

Development, monitoring and implementation of the Budget and Policy Framework

Setting strategic performance targets relating to the objectives of

the Council and ensuring corporate goals and milestones are met

Communicating the Council’s values, vision and objectives to

Councillors, staff and unions and to citizens, partners and

stakeholders

West Yorkshire Joint Services.

West Yorkshire Police and Crime Panel

The West Yorkshire Combined Authority

The Leeds City Region Partnership Committee and its other committees

5) To Chair the Local Services Board – Wakefield Together.

6) To lead on consultation and external communications for the Council.

7) To lead on major projects.

8) To ensure that systems exist to appraise the performance of senior managers.

9) To take up corporate membership of any appropriate body or organisation

whose objectives are considered to be beneficial to the pursuit of the Authority’s own activities.

10) To determine the way in which the Council spends the Invest to Save Fund and the Community Resilience Fund.

11) Virement of significant Resources not subject to Cabinet or Council approval within the approved Capital Programme.

12) Approval of foreign visits by Members and Officers.

13) Any executive decisions (including key decisions), in a situation where the matter is so urgent that it does not allow time for a report to Cabinet (if a relevant Portfolio Holder is unavailable or the Leader wishes to take the decision herself).

14) To approve contract renewals for Commissioned Services (Key Decisions).

(ii) Deputy Leader and Portfolio Holder for Climate Change and Green Spaces

To provide a political lead on the co-ordination, development and delivery of the Council’s pledge to make Wakefield Council a Carbon Neutral organisation before 2030 alongside working with other public and private sector bodies with the aim of making the Wakefield District zero carbon by 2030. Duties and Responsibilities 1, To Chair Cabinet Meetings when the Leader is not present and to deputise for

the Leader at national, regional; and other meetings as required. 2, To Chair the Climate Emergency Programme Board. 3, To provide a political lead on the development of the Council’s Climate

Emergency Programme and Action Plan. 4, To provide a political lead on the development of mitigation strategies to enable

the District to become more resilient in the face of climate change. 5, To provide a political lead on transport services including the Council’s

transport fleet, transport and low carbon vehicle related projects which will help reduce fuel use and harmful emissions and support the switch to cleaner fuels.

6, To provide a political lead on ensuing an integrated approach to tackling air

quality and climate change by the Council. 7, To have political oversight for the delivery of the Waste Management Strategy

and the Waste PFI scheme. 8, Lead political responsibility for the development and delivery of policies and

strategies in relation to parks, and public spaces including allotments, the promotion of biodiversity across the District and carbon offsetting initiatives such as tree planting through the Northern Forest Project.

9, To provide a political lead on Environmental Health including how the Council

deals with contaminated land within the District. 10, To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio

activities especially in relation to policy development.

(iii) Regeneration and Economic Growth Main Role To provide a political lead on the co-ordination, development and delivery of policies and strategies to drive strong and inclusive economic growth and sustainable housing in a compassionate District. To provide political leadership of the skills agenda ensuring our future economy has the right skills and employment opportunities to drive the best outcomes for residents and businesses. Duties and Responsibilities

1. To lead on the development, promotion and delivery of policies and strategies in connection with the Council’s responsibilities for regeneration, business support, inward investment, housing strategy alongside policy, skills and employment.

2. To provide a political lead for strategic housing policy alongside the delivery of

new and affordable housing within the District. 3. To provide a political lead on the Council’s statutory responsibilities and

policies relating to private sector housing, Houses in Multiple Occupation, unfit houses, renovation grants, and compulsory purchase.

4. To represent the Council as required at related activities of the West Yorkshire

Combined Authority (WYCA) and Leeds City Region Local Enterprise partnership (LEP) including membership of the LEP Employment and Skills Panel.

5. Political lead on the development, promotion and delivery of policies and

strategies relating to the Council’s responsibilities and priorities for skills, both across the District and within the Council, with a focus on raising skills levels; lifelong learning; ensuring skills are fit for future economies; ensuring skills strategies and plans support good growth; building a strong Council workforce.

6. To sit on the Governing Body of the Adult and Community Education Service

(ACES) ensuing good governance and effective outcomes. 7, To provide a political lead on the high street and town centre management.

8, To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio


(iv) Portfolio Holder for Adults, Health and Wellbeing Main Role To provide political leadership on the development and delivery of policies and strategies in connection with the provision of efficient and effective services to adults in the District which will safeguard and promote the welfare, protection and well-being of those adults who require such services. Duties and Responsibilities 1, Lead political responsibility for developing and maintaining collaborative

arrangements with other statutory, voluntary and independent organisations in relation to the provision of services to Adults.

2, Lead political responsibility to promote and develop positive partnership

working arrangements with health care providers to ensure citizen focussed outcomes for adult health care services.

3, To have lead political responsibility for Public Health.

4, To have lead political responsibility for homelessness policy and services. 5, To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio


(v) Portfolio Holder for Children and Young People Main Role To take lead political responsibility for the development and delivery of policies and strategies in connection with the provision of efficient and effective services to Children and Young People in the District, including recommendations from regulatory bodies. To provide political leadership for the implementation of policy with regard to the provision of a range of support services which will safeguard and promote the welfare, protection and well-being of all children and young people including the most disadvantaged and vulnerable. Duties and Responsibilities 1. To have lead political responsibility for developing and maintaining collaborative

arrangements and commissioning with other statutory, voluntary and independent organisations in relation to the provision of services to Children and Young People.

2, To have lead political responsibility for the development of policy for the strategic

management of education services, access, special needs and standards to promote educational excellence including working with autonomous schools and other partners.

3, To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio


(vi) Portfolio Holder for Resources

Main Role To provide a political lead on the co-ordination, development and delivery of corporate functions and services, property and asset management and oversight of related strategic commissioned services. Duties and Responsibilities

1. To have lead political responsibility for corporate issues and services including registrars, elections, licensing, committee services, information governance, overview and scrutiny, support to the Coroner, civic and ceremonial responsibilities, corporate human resources policies, corporate financial issues and services, revenue and benefits, health and safety, strategic procurement, performance management and customer services alongside emergency planning, resilience and business continuity.

2. To have lead political responsibility for corporate governance issues including audit, risk management, standards and Member development.

3. To have lead political responsibility for the development, promotion and delivery of policies and strategies relating to the Council’s responsibilities and priorities for digital and technology adoption including developing the effective and efficient use of the Council’s technology resources as an integral part of service delivery.

4. To ensure effective arrangements for consultation and negotiation with Trade Unions

5. To provide a political lead for Equality and Diversity.

6. To have lead political responsibility for the delivery of the asset management strategy in relation to building management and maintenance of Council owned buildings, in accordance with the Council’s plans and resources.

7. To have lead responsibility for the Council’s relationship with Engie, Arcadis

and ISS. 8. To have oversight of the development of commercial approaches and activities

including traded services functions across the Council including catering and cleaning.

9. To lead on twinning policy and strategy to any overseas activity by the local

authority. 10, To provide an Executive lead on any shared service arrangement with other

Local Authorities.

11. To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio activities especially in relation to policy development.

(vii) Portfolio Holder for Culture, Leisure and Sport Main Role To provide a political lead on the co-ordination, development and delivery of services relating to Culture, Leisure and Sport Duties and Responsibilities:

1. To provide political leadership on the development, promotion and delivery of polices and strategies in connection with the Council’s responsibilities for Culture, Leisure and Sport including, Libraries, Museums and Galleries, Sports and Leisure Centres, Arts, Sports development and events.

2. To promote and develop effective partnership working arrangements with public,

private and voluntary stakeholders to secure the delivery of effective sporting and cultural services and promote the District as a centre of sporting and cultural development and as an attractive tourist destination.

3. To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio


(viii) Portfolio Holder for Environment, Communities and Poverty Main Role To provide a political lead on the co-ordination, development and delivery of citizen focussed services and support to meet locally identified needs in safe neighbourhoods and communities. To provide a political lead on the promotion and development of services relating to Community Safety including Chairing the Community Safety Partnership. To provide political oversight of the Council’s environmental services assigned to this Portfolio including work to tackle poverty in the District. Duties and Responsibilities 1. Lead political responsibility for the development and delivery of policies and

strategies in connection with the provision of effective and efficient environmental services. This includes streetscene and neighbourhood services, waste collection and disposal, cemeteries and crematoria, operational enforcement including taxi enforcement, environmental health and food safety.

2. To have lead political responsibility for Area Working.

3. To provide a political lead on the Council’s poverty reduction work, overseeing

the ‘more money in my pocket’ initiative. 4. Lead political responsibility for community cohesion including the approval of

expenditure in respect of the community and ward level grant funding schemes. 5. Lead political responsibility for the development and delivery of policies and

strategies for sustainable communities. 6. To have lead read responsibility for the Stepping-Up Programme. 7. To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio


(ix) Portfolio Holder for Planning and Highways Main Role To provide a political lead on the co-ordination, development and delivery of all activities in relation to strategic transport, the highways network, planning and enforcement functions, as an integral part of the Council’s priorities. Duties and Responsibilities

1. Lead political responsibility for the development of an integrated strategic transport plan for the District including all passenger transport services, bus contracts and wider engagement with bus providers, Rail Franchises and Rail Network consultations, cycle networks and consultation with cycle forums.

2. Strategic lead with the West Yorkshire Combined Authority for all passenger

transport and highways related matters. 3. Political lead for the delivery of Highways maintenance and strategic transport

services including effective winter maintenance services, effective upkeep of the district highways network and road safety, responding effectively to customer feedback within available resources.

4. Political lead for the delivery of the Council’s planning function including planning enforcement, sustainable development and infrastructure, working to meet the growing demands for the District.

5. To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio


3.5.8 Delegation of Executive Functions to Cabinet Members

Delegations to Cabinet Members In accordance with Article 7 (7.8) the Leader has given the following delegations to individual Cabinet Members

Portfolio

Approval of any executive decisions (including key decisions), in a situation where the matter is so urgent that it does not allow time for a report to Cabinet (subject to complying with legislative requirements).

Cabinet Member for the Service involved

Approval of visits by the Leader of Council Resources or Chief Executive

Approval of Member attendance at Conferences and Events

Resources

Applications for Grant Aid

Resources

Appointment of Members to Education Admission/Exclusion Appeals Panel

Resources

Requests which fall outside of the Council’s Policy on the Flying of Flags

Resources

HR Matters - Including Exemption to Council Policy

Resources

Authorisation of appropriation of land or property from one service use to another (for the purposes of that function).

Resources

Restrictive Covenants applied to Council Land Disposals

Resources

Any executive decision in relation to School Academy conversions or Nursery provision where the matter is so urgent that it does not allow time for a report to Cabinet.

Children and Young People

Determine Neighbourhood Improvement Fund Applications

Environment, Communities and Poverty

Food Law Enforcement Plan Environment, Communities and Poverty

To authorise the undertaking of consultation on any matter falling within the individual Portfolio.


The allocation of Grants to Arts, Cultural and Sporting Bodies including Active and Inspired Grants

Culture, Leisure and Sport

Revisions to library opening hours

Culture, Leisure and Sport

Approval to enter into Section 278 Agreements

Regeneration and Economic Growth

Variation or termination of a Development Agreement.

Regeneration and Economic Growth

The allocation of Grants to Voluntary Organisations Cabinet Member for the Service involved

Applications for Sponsorship


Virement of significant Resources not subject to Cabinet or Council approval within the approved Capital Programme


Variation in existing fees for matters falling within the individual Portfolio. ( All new fees must first be determined by Cabinet)

Cabinet Member for the Service involved.

Approval of contracts for commissioned services (including renewals & extensions) over the value of £100,000 (in accordance with the Contract Procedure Rules).

Cabinet Member for the Service involved.

Approval of a lease for less than seven years even if for less than best consideration that can be obtained and the creation of a ‘Tenancy at Will’.

Resources

Approval of any lease/licence at less than best consideration to any partner agency, blue light service, registered charity or not for profit organisation that is working in partnership with Wakefield Council to aid in the delivery of its key/essential services.

Resources

New, and variations to existing, leases to Parish and Town Council’s at less than best consideration in circumstances where the Parish or Town Council, Community Association, Registered Charity and any Not for Profit organisation has taken over the liability for all repairs and outgoings during the term of the lease.

Resources

Authorisation to bid for external funding Cabinet Member for the Service involved.

Delegations (as approved by Cabinet on 4 December 2018) applicable to Investment Portfolio Acquisitions as follows:

Up to £10m

Corporate Services (unless otherwise delegated) with S151 Officer.

Up to £15m Executive Leader with S151

Over £15m Executive Leader with S151

3.5.8.1 Emergency Arrangements

(i) In exceptional circumstances which require business continuity arrangements to be enabled, such as a pandemic situation where time does not allow for a report to be considered by Cabinet or where urgent decisions are required and the Leader, Deputy Leader and relevant Cabinet Member are otherwise unavailable thereby making the delegation arrangements as set out above inoperable, the following delegation be utilised:-

‘Strictly in exceptional circumstances, such as a global pandemic, where

Executive Members with the requisite delegations are incapacitated or absent,

functions may be exercised by any Cabinet Member who has been

appropriately briefed and has sufficient understanding of the matter to be

decided.’

(ii) The Member Delegated Decision Notice supporting the necessary decision should explain the circumstances and make clear that the Member is acting under this provision, that they have been appropriately briefed, and that they do have sufficient understanding of the matter to be able to take the decision.

(iii) Should a Cabinet Member, be unavailable the Chief Executive, or in his/her

absence his/her designated deputy, in accordance with paragraph 3.6.2 of the Constitution, shall be deemed to have the power to exercise all the Council’s executive functions in emergency or urgent circumstances.

3.5.8.2 Joint Arrangements - set out in the following table are details of those functions that are undertaken jointly by the five West Yorkshire District Council’s:-

Combined Authority

Five West Yorkshire Councils plus York

Trading Standards, Archives and Archaeology, Grants

West Yorkshire Joint Services Committee (Four members from each of the West Yorkshire District Councils including the Leader of Council).

Scrutiny of the Police and Crime Commissioner for West Yorkshire

West Yorkshire Police and Crime Panel

Pension Fund including Investment Panel and Advisory Group

West Yorkshire Pension Fund

West Yorkshire Business Rates pooling mechanism

Leeds City Region Business Rates Pool Joint Committee

The West Yorkshire Fire and Rescue Authority Three Members are appointed from the Council. The appointments are made in proportion to the population levels within the five District Council areas of West Yorkshire and in accordance with political balance rules.

3.5.8.2 Joint arrangements – set out in the following table are details of those functions that are undertaken jointly with other Authorities (not restricted to West Yorkshire):-

Purchasing Yorkshire Purchasing Organisation Management Committee (Two Members from each of the member Councils including a Cabinet Member).

Review of the National Health Service (Regional Issues)

Yorkshire & Humber Joint Health Scrutiny Committee

South Yorkshire, Derbyshire, Nottinghamshire and

Wakefield Joint Health Overview and Scrutiny Committee West Yorkshire Joint Scrutiny

Wakefield and Kirklees Joint Health Scrutiny Committee – Review of Mid Yorkshire Clinical Services Strategy

Consultation Forum for Leeds City Region authorities and facilitate direct collective engagement with the West Yorkshire Combined Authority.

Leeds City Region Partnership Committee

3.5.9 In addition to the above, the Council is a member of YPO Holdings Limited. It must nominate 1 Member to be a director of the Company.

In addition to the above, the Council is a member of West Yorkshire Joint

Services. It must nominate 1 Member to be a director of the Company. 3.5.10 However, in accordance with the Functions Regulations, these are NOT

functions of the Cabinet:

Imposing conditions, limitations or restrictions on approvals, consents, licences, permissions or registrations on a non-executive function.

Determining any terms to which any such approval etc. is subject.

Determining whether and how to enforce any failure to comply with such approvals or any of the attached conditions etc.

Amending, modifying, varying or revoking any such approval.

Determining whether a charge should be made for such approvals or the amount of such charge.

Making, amending, revoking or replacing the Members Allowance Scheme or determining any amounts or rates in the Scheme.

Subject to any Regulations under Section 20 of the Local Government Act 2000, making arrangements for the joint exercise of functions under Section 101(5) of the Local Government Act 1972 and making appointments to Committees/joint Committees under Section 102 of the 1972 Act.

Any functions reserved in full Council under legislation which predates the Regulations.

Amending, modifying, varying or revoking any plan or strategy except where authorised by the Constitution.

The adoption/approval of a plan/strategy which is not in the policy framework, if full Council has determined that full Council should take the decision.

Where the decision is contrary to or not wholly in accordance with the budget and policy framework, except as set out in the Constitution.

3.6 Officer Delegation Scheme for Executive Functions 3.6.1 Introduction Decisions will be taken by the Council, its Leader, Cabinet and Committees

except as provided for by the Officer Delegation Scheme (which is a supporting document). The Officer Delegation Scheme confers on Corporate Directors and Service (First and Second tier Officers) extensive powers to carry out the Authority’s executive functions in addition to the functions delegated to Corporate Directors in relation to Council functions set out in Sections 3.1 and 3.2 of Part 3 of the Constitution. The designation "Chief Officers" throughout this Constitution and Officer Scheme of Delegation refers to one of the following: Chief Executive, Corporate Director, Chief Legal Officer, Chief Finance Officer or Director. The Officer Delegation Scheme includes those delegations to Chief Officers set out in Sections 3.1 and 3.2 of Part 3 and Section 4 of Part 3 of this Constitution. The delegations to Officers are subject to the delegations to Members set out above.

3.6.2 Emergency and urgency powers

The Chief Executive, or in his/her absence his/her designated deputy, shall be deemed to have the power to exercise all the Council’s executive functions in emergency or urgent circumstances.

3.6.3 General roles and responsibilities of Members and Officers (i) The effect of these arrangements is that Members set policy priorities and

strategies to reflect local interests and needs and are also responsible for allocating funding between individual priority areas. Corporate Directors, Service Directors, Chief Legal Officer or Chief Finance Officer and their staff implement these strategies and policies by delivering services and major initiatives. It is Officers therefore, who have responsibility for managing the Council’s day to day operations, within a policy and budgetary framework determined by the Council.

(ii) Under these arrangements, Council and the Cabinet have specific functions

and these can be delegated to Committees or Officers. Where Council or the Cabinet have established a Committee to discharge their respective functions then subject to any limitations imposed by the Council /Cabinet respectively, that Committee can also delegate its functions to an Officer. The functions delegated to Officers are set out in the Officer Delegation Scheme.

(iii) The Chief Executive, Corporate Director, Chief Legal Officer, Chief Finance Officer or Director or other named Officer shall have power to formulate initial proposals within the budget and policy framework and undertake consultation on them, to carry into effect without reference to the Council or Cabinet or to any of their respective Committees, matters of day to day management and administration, in accordance with the Officer Delegation Scheme which is attached as a supporting document.

(iv) Corporate Directors have responsibility to report to the Chief Executive,

Council, the Leader, Cabinet, Portfolio holder or the appropriate Committee or Committee Chair, matters that are of political or strategic significance where that body or person is not required to make a decision but where it is proper for them to be aware of the position. In respect of Member consultation on matters of strategic significance and/or major operational significance concerning executive functions, the Officer delegated decision pro-forma must show the date the Portfolio Holder was consulted.

3.6.4 Responses to Consultation Papers on matters of political or strategic

significance require the approval of relevant Portfolio Holder or Chair of the appropriate Committee.

3.6.5 With the exception of the Chief Executive, Corporate Directors are not

authorised to take key decisions unless this power has been specifically delegated to them.

3.6.6 The fact that a function stands delegated to an Officer under these

arrangements shall not preclude Council, The Leader, a Committee or Cabinet from exercising the function directly.

3.6.7 The Chief Executive, Corporate Director, Chief Legal Officer or Director may

consider that a delegated authority should not be exercised and that it should be referred to the delegating body for consideration.

3.6.8 An appropriate Cabinet Member may request that a relevant Officer refrains

from exercising a delegated authority in respect of a particular executive matter and refer it instead to the Cabinet for a decision.

3.6.9 The Council, the Leader, a Committee or the Cabinet may determine to reserve

decisions about particular matters to it. 3.6.10 In addition to the delegations set out in this Scheme, the Council, the Leader,

a Committee, the Cabinet or the Chief Executive can arrange for further delegations on specific matters, insofar as this is permitted by law.

3.6.11 Corporate Directors, Service Directors, Chief Finance Officer and the Chief

Legal Officer shall have power to carry out for their service areas the functions and services delegated to them under the Officer Scheme of Delegation. This includes all matters where they have professional or managerial responsibility. Whilst the exercise of a function by an Officer under these arrangements is not made subject to the satisfaction of any prior condition, an Officer shall, when

exercising a discretion remitted to him/her, be under a duty to satisfy himself/herself that the decision complies with Article 13.2 and conforms to the Council’s Budget and Policy Framework and other approved policies and whether, in reaching the decision, he/she has observed approved practices and procedures, including those in relation to community consultation.

3.6.12 Where a policy or procedure refers to a matter being dealt with by Council, the

Leader, Cabinet or a Committee and that function has since been delegated to a Corporate Director then the appropriate amendments shall be made to the procedure where the matter is dealt with by an Officer (see Officer Scheme of Delegation).

part 3 - responsibility for functions - wakefield...the cabinet (in part or whole) or as council...

Documents