The Constitution: Part B - Council and Executive Scheme of Delegation

THE CONSTITUTION
Part B – Council and Executive

Scheme of Delegation
Hull City Council Constitution
Part B – Council and Executive Scheme of Delegation Page 22

(21 May 2009)
PART B
COUNCIL AND EXECUTIVE

SCHEME OF DELEGATION
Table of Contents
COUNCIL COMMITTEES
1. Overview and Scrutiny Management Committee 25
2. Overview and Scrutiny Commissions 27
3. Area Committees 35
4. Area Housing Boards 41
5. LEA Governor Appointments Panel 42
6. Planning Committee 43
7. Licensing Committee 44
8. Appeals Committee 45
9. Civic Committee 46
10. Audit Committee 47
11. Standards Committee 49
12. Member Panel for Officer Employment Procedure Rules 51
13. Independent Members Appointment Panel 52

(21 May 2009)
CABINET COMMITTEES AND MEMBERS OF CABINET
14. Corporate Trustee Committee 53
15. Asset Management Committee 54
16. Performance and Finance Committee 56
17. Children’s Services Committee 58
18. Kingstown Works Limited Shareholding Committee 60
19. The Cabinet and Members of the Cabinet 61
20. Joint Arrangements 64
OFFICERS
21. Officers of the Council 65

(21 May 2009)
PART B
COUNCIL AND EXECUTIVE SCHEME OF DELEGATION
COUNCIL COMMITTEES
1. Overview and Scrutiny Management Committee
1.1 The Council will appoint the Overview and Scrutiny Management Committee.
1.2 The Committee may delegate the discharge of any of its functions to a sub-
committee or an officer of the Council.
Composition
1.3 The Committee shall comprise 13 members of Council and include the chair
of each overview and scrutiny commission.
1.4 A member of the Cabinet shall not be appointed to the Committee.
Quorum
1.5 The quorum of the Committee shall be 4 voting members.
Role and Functions
1.6 The overall co-ordination of overview and scrutiny functions and activity of the
Council undertaken by overview and scrutiny commissions.
1.7 The receipt of an annual report from the Leader of Council on the Cabinet’s
priorities for the coming year and how the Cabinet intend to achieve them.
1.8 The review of executive decisions and overview of the direction and
performance of the Cabinet.
1.9 The consideration and determination of a request to call-in an executive

decision.
1.10 The discharge of the call-in function as may be appropriate in the

circumstances.
1.11 Monitoring the work programmes of the overview and scrutiny commissions to
minimise duplication and ensure the effective use of resources, including:
1.11.1 The approval of proposals from overview and scrutiny commissions

to undertake enquiries and/or reviews.

(21 May 2009)
1.11.2 The receipt of reports from chairs of overview and scrutiny
commissions on their work.
1.12 Where work programme items fall within the remit of more than one overview
and scrutiny commission, to determine which commission will assume
responsibility for a particular work programme item.
1.13 The approval and operation of arrangements to ensure that referrals from the
Committee or a commission to the Cabinet or a person or body discharging
executive functions, either by way of report or for reconsideration, are
managed efficiently and effectively in accordance with the Constitution.
1.14 Determining the priority, at the request of the Cabinet or otherwise, of matters
referred by the Committee or a commission for consideration by the Cabinet.

(21 May 2009)
2. Overview and Scrutiny Commissions
2.1 The Council will appoint at least two but not more than six overview and
scrutiny committees which shall be known as ‘commissions’.
2.2 A commission may delegate the discharge of any of its functions to a sub-
2.3 The commissions will have the following titles:
2.3.1 Crime and Community Safety Commission
2.3.2 Efficiency and Audit Commission
2.3.3 Environment and Transport Commission
2.3.4 Health and Social Wellbeing Commission
2.3.5 Housing, Neighbourhood Renewal and Urban Regeneration

Commission
2.3.6 Children’s Services Commission
Composition
2.4 Each commission, except the Efficiency and Audit Commission, shall
comprise seven members of Council and not more than four non-voting co-
opted members. The Efficiency and Audit Commission shall comprise nine
members of Council and not more than four non-voting co-opted members.
2.5 A member of the Cabinet shall not be appointed to a commission.
2.6 The Children’s Services Commission shall in addition comprise four voting co-
opted representatives of the church and parent governors.
Quorum
2.7 The quorum of a commission shall be three voting members except the
Children’s Services Commission where the quorum shall be five voting
members.
Role and Functions
2.8 The Crime and Community Safety Commission will:
2.8.1 Discharge overview and scrutiny functions, excluding call-in, in

relation to the provision, planning and management of services to
promote community safety and to reduce crime and disorder in the
City.

(21 May 2009)
2.8.2 Scrutinise the agencies, mechanisms and processes involved in the

promotion and delivery of crime and community safety services in
the City.
2.8.3 Contribute to the development of policies, strategies and plans in

respect of these services.
2.8.4 Establish time-limited panels to undertake specific enquiries.
2.8.5 Have responsibility for advising on and monitoring the Council’s

and partners’ responsibilities in relation to Section 17 of the Crime
and Disorder Act 1998.

responsibilities in relation to the Police and Justice Act 2006.
2.8.7 Have responsibility for advising on and monitoring the

implementation and delivery of the Crime and Disorder Reduction
Strategy and other crime and disorder reduction partnership plans.
2.8.8 Have responsibility for advising on and monitoring enforcement in

relation to crime and disorder.
2.8.9 Review any partnerships established to develop and deliver

services to tackle crime and disorder and to meet the aims of crime
and disorder reduction partnership policies and plans.
2.8.10 Contribute to reviews of services within the scope of the

Commission and monitor the implementation of relevant action
plans.
2.8.11 Receive reports as appropriate from the District Auditor, the

Council’s Internal Audit and other internal and external inspection
bodies, making suggestions for improvement in practice to the
Cabinet and/or Council as may be appropriate.
2.9 The Efficiency and Audit Commission will:

relation to the Council’s budget, the management of the budget,
capital, revenue borrowing and assets, risk management and audit
arrangements.
2.9.2 Establish ad-hoc panels, normally time-limited, to undertake

specific enquires.
2.9.3 Analyse the development of the Council’s revenue and capital

budgets and review and scrutinise the Council’s performance in

(21 May 2009)
relation to budget management, in particular as regards the
Treasury Management Policy Statement and borrowing limits and
the Capital Strategy.
2.9.4 Analyse the development of a three year budget strategy and offer
advice to the Cabinet where it considers necessary.
2.9.5 Review the management of resources made available to the

Council and scrutinise financial and resource management,
including property and asset management, acquisition and
disposal.
2.9.6 Review the development of Council-wide capital strategy and asset

management plans.
2.9.7 Review the operation of the Council’s Financial Procedure Rules

and other financial procedures making recommendations to the
Cabinet and/or Council.
2.9.8 Contribute to best value reviews of services within the scope of the
Commission and monitor the implementation of any relevant action
plans.
2.9.9 Receive reports as may be appropriate and at the discretion of the

Chair in relation to the remit of the Commission from the District
Auditor, the Council’s internal auditor and other internal and
external inspection bodies, and make recommendations to the
Council, Cabinet or other person or body discharging executive
functions having considered any such report.
2.9.10 The commission will undertake the following stewardship

responsibilities:
2.9.10.1 The responsibility for ensuring good stewardship of the

Council’s resources.
2.9.10.2 Enhancing the profile, status and authority of the internal

audit function and demonstrating its independence.
2.9.10.3 Contribute to making the Council, committees and

departments more responsive to the audit function.
2.9.10.4 The responsibility for promoting internal control

mechanisms by the development of an anti-fraud culture
and the review of financial procedures.
2.9.10.5 The responsibility for focusing audit resources, by

agreeing audit plans and monitoring delivery of the audit
service.

(21 May 2009)
2.9.10.6 Monitoring both internal and external audit performance

by ensuring auditor and officer collaboration within the
agreed timescales, securing the timely preparation and
response to audit reports, ensuring the implementation of
audit recommendations and monitoring the finalisation of
the annual accounts.
2.9.10.7 Reviewing compliance with relevant standards, codes of

practice, corporate governance arrangements and the
policies and strategies of the Council.
2.10 The Environment and Transport Commission will:

relation to the provision, planning and management of environment,
parks and open spaces and transport services in the City.
2.10.2 Establish ad-hoc panels, normally time limited, to undertake

specific enquires.

promotion and delivery of cleansing, waste management, highways
management, integrated transport and environmental health.

promotion and delivery of environmental sustainability, energy
reduction and green issues, and responding to climate change
issues.
2.10.5 Contribute to the development of policies in respect of the services

in paragraphs 2.9.3 and 2.9.4.
2.10.6 Take responsibility for advising on and monitoring the

implementation of the following plans:
2.10.6.1 Local Transport Plan
2.10.6.2 Plans and strategies which together comprise the

Development Plan in relation to environment and
transport issues.
2.10.6.3 Food Law Enforcement Service Plan and Strategy
2.10.6.4 Local Agenda 21 Strategy
2.10.6.5 Licensing Authority Policy Statement
2.10.6.6 Climate change strategy

(21 May 2009)
2.10.7 Contribute to best value reviews of services within the scope of the
plans.

2.11 The Health and Social Wellbeing Commission will:

responsibilities in relation to the Health and Social Care Act 2001
including reviewing and scrutinising the planning, provision and
operation of health services in the area and setting up joint health
scrutiny committees/panels with other local authorities.
2.11.2 Scrutinise the mechanisms and processes of other healthcare

agencies used to deliver health and community care services in the
City, including partnerships and joint initiatives.

relation to the provision, planning and management of children’s
and adults community care services in the City.
2.11.4 Submit an annual health check declaration for each local health
trust to the Healthcare Commission.
2.11.5 Work in partnership with the Patient and Public Involvement Fora
(to become Local Involvement Networks) in scrutinising
organisations based in their areas which deliver health and
community care services to the people of the City.
2.11.6 Receive the Director of Public Health’s Annual Report and from that
determine items for inclusion in the work programme that might
lead to suggestions for improvement in practice and
recommendations to the Cabinet, the Council and/or the NHS.
2.11.7 Make suggestions for improvement in practice and

recommendations to the Cabinet, the Council and/or NHS.
2.11.8 Enquire into health topics of local and regional concern that have a
detrimental impact on the health and well-being of the people of
City and the mechanisms for tackling health inequalities.
2.11.9 Establish time-limited panels to undertake specific enquiries.

(21 May 2009)

Commission and monitor the implementation of relevant action
plans.
2.11.11 Hold to account local health services and make suggestions for
improvements in practice and recommendations to the Cabinet, the
Council and/or NHS in line with the scope of the Commission.
2.11.12 Receive reports as appropriate in relation to the scope of the

Commission from the District Auditor, the Council’s Internal Auditor
and other internal and external inspection bodies, such as the
Healthcare Commission, making suggestions for improvement in
practice and recommendations to the Cabinet, the Council and/or
the NHS having considered any such report.
2.12 The Housing, Neighbourhood Renewal and Urban Regeneration

Commission will:

relation to the provision, planning and performance of housing,
neighbourhood renewal and regeneration in the City.
2.12.2 Establish ad-hoc panels, normally time limited, to undertake

specific enquires.
2.12.3 Contribute to proposals for the physical regeneration of the area

including economic development.
2.12.4 Have responsibility for advising on and monitoring the

implementation of regeneration programmes for the City.
2.12.5 Review the development of partnerships with external organizations

to promote the regeneration of the City, including the City
Development Company and any other regeneration partnerships
that might be established to facilitate urban renewal or
regeneration.
2.12.6 Monitor the management of the Council’s housing stock including

allocation policies, the Decent Homes Standard, long term voids,
repairs and maintenance, the provision of special needs housing
(including the performance, policies and practices of the area
housing boards), grants and loans to owner occupiers, tenants,
landlords and/or developers, the improvement of private housing
and relationships with local regional and national bodies relating to
housing.
2.12.7 Monitor policies and practices with regard to homelessness and

rehousing.

(21 May 2009)

implementation of the Housing Strategy.

implementation of plans and strategies which together comprise the
Development Plan in relation to regeneration issues.
2.12.10 Review the development of partnerships with external organisations

to meet housing need, regenerate unsatisfactory housing, including
Gateway Pathfinder.

plans.

2.13 The Children’s Services Commission will:

relation to the provision, planning and management of children’s
services including learning and social welfare in the City, and in
particular the following six outcomes:
2.13.1.1 Be healthy
2.13.1.2 Stay safe
2.13.1.3 Enjoy
2.13.1.4 Achieve
2.13.1.5 Make a positive contribution
2.13.1.6 Achieve economic well-being
2.13.2 Establish ad-hoc panels, normally time-limited, to undertake

specific enquiries.

promotion and delivery of children’s services in the City.

(21 May 2009)
promotion, delivery and performance in relation to schools and
educational attainment.
2.13.5 Contribute to the development of policies in respect of the services

in paragraphs 2.12.3 and 2.12.4.

implementation of the following plans:
2.13.6.1 Early Years Development Strategy
2.13.6.2 Education Development Plan
2.13.6.3 Joint Area Review
2.13.6.4 Youth Justice Plan
2.13.6.5 Children and Young People’s Plan

plans.


(21 May 2009)
3. Area Committees
3.1 The Council will appoint seven area committees.
3.2 A committee may delegate the discharge of any of its functions to a sub-
3.3 The area committees will have the following titles and will serve the wards
indicated:
3.3.1 North Carr Area Committee

(Bransholme East, Bransholme West and Kings Park).
3.3.2 Park Area Committee

(Holderness, Marfleet, Southcoates East and Southcoates West)
3.3.3 Northern Area Committee

(Orchard Park and Greenwood, University and Beverley)
3.3.4 Riverside Area Committee

(Drypool, Myton, Newington and St. Andrews)
3.3.5 East Area Committee

(Ings, Longhill and Sutton)
3.3.6 West Area Committee

(Boothferry, Derringham and Pickering)
3.3.7 Wyke Area Committee

(Avenue, Newland and Bricknell)
Composition
3.4 Each area committee shall comprise the members of Council for the wards
indicated.
Quorum
3.5 The quorum of an area committee shall be two voting members or as

otherwise determined by the Committee.
Role and Functions
3.6 An area committee will:
3.6.1 Establish a ward forum or appropriate neighbourhood forums for

each ward in its area and may establish such other forums as may
be considered appropriate.

(21 May 2009)
3.6.2 Take an overview of the delivery of Council and other services
provided within the area and in so doing:
3.6.2.1 Monitor and, from time to time, review the performance

of Council services and make recommendations for
improvement.
3.6.2.2 Consider the interests and opinions of the public in

relation to services provided.
3.6.3 Support the work of the governing bodies of local schools and
encourage participation in the work of area forums.
3.6.4 Assist with and encourage the recruitment of LEA governors for
schools as appropriate.
3.6.5 Arrange a rota of visits by members to establishments for adults

and receive reports on these, subject to compliance with relevant
police vetting and the completion of appropriate training.
3.6.6 Arrange a rota of visits by members to establishments for children

and young persons, receive reports and fulfil the requirements of
the community homes regulations, subject to compliance with
relevant police vetting and the completion of appropriate training.
3.6.7 Establish an LEA governor appointments panel as a sub-committee

of the committee to appoint LEA school governors to the governing
bodies of schools within the area served by the committee.
3.7 An area committee may:
3.7.1 Before determining or considering any matter, refer such matter for
consideration and advice to an area, ward or neighbourhood forum
or other body. The area director may, after consultation with the
chair, or, in the chair's absence the deputy chair, first refer any
matter to an area or ward forum, officer or other body for
consideration and advice before reporting the matter to an area
committee.
3.7.2 Determine matters referred by a ward or area forum or focus group

or other body in respect of which the area committee has delegated
powers.
3.7.3 Authorise the attendance of members and/or officers at

conferences, seminars and meetings of outside bodies in
connection with any matter affecting the area.
3.7.4 Delegate the discharge of any function of the area committee to an

appropriate officer. A record must be kept of all such delegations.

(21 May 2009)
3.7.5 An area committee may adopt a name for the committee and the
area it serves in substitution for that in paragraph 3.3 above which
in the opinion of the committee is the most appropriate name.
Neighbourhood Renewal
3.8 An area will be responsible for:
3.8.1 Co-ordinating and monitoring local service delivery with the aim of
ensuring that agencies work together to deliver services at a
neighbourhood level.
3.8.2 Leading on the development of neighbourhood partnerships.
3.8.3 Engaging with and supporting residents, community and voluntary

organisations, and supporting and organising training and
development.
3.8.4 Leading on the implementation of Neighbourhood Management

Schemes and Community Renewal Schemes appropriate to
neighbourhoods.
3.8.5 Supporting the Local Strategic Partnership (LSP) at the

neighbourhood level, engaging with agencies, through PACT
boards and other local partnerships, developing and monitoring
Local Neighbourhood Action Plans.
3.8.6 Providing advice to Neighbourhood Partnerships.
3.8.7 Working with and co-ordinating community development activity

across the partners in the area.
3.8.8 Participation in Local Neighbourhood Action Planning.
Advisory Role
3.9 An area committee shall:
3.9.1 Refer to the Cabinet matters relating to a delegation, policy,

programme, scheme or plan which it considers requires clarification
or amendment.
3.9.2 Refer to the Cabinet and/or scrutiny committee(s) for consideration,

advice or any proposed change in the Council's policy or its aims
and objectives.
3.9.3 Refer to the Cabinet all proposed requests to Members of

Parliament, Members of the European Parliament, Government

(21 May 2009)
department, local authority associations etc., to recommend or
lobby on issues on behalf of the Council relating to their area.
3.9.4 Refer to the Cabinet the proposed creation of any focus group, task
group or working party which is not at present constituted.
3.10 An area committee may:
3.10.1 Recommend to the Cabinet the making of any byelaws, regulations

and orders necessary to the area committee's delegated powers
and duties.
3.10.2 Recommend to the Cabinet and Head of Paid Service

organisational and staffing changes which have service delivery
implications in connection with area matters.
3.10.3 Make representations as appropriate to the Planning Committee

and the Licensing Committee.
3.11 An officer may refer any matter delegated to him/her back to the appropriate
area committee and in any such case it shall be within the power of the area
committee to determine the matter.
3.12 A decision of an area committee shall not be acted upon unless a body or
officer concerned in the matter has first been consulted, in particular the
Director of Corporate Resources, Head of Legal and Democratic Services.
The Head of Workforce Strategy shall be consulted where he/she is
concerned in the matter.
3.13 Where any dispute arises as to whether any matter falls to be determined by
an area committee or officer, the matter may be referred to the Leader of
Council or appropriate member of the Cabinet to resolve the dispute.
Council functions of area committees
3.14 The Committee may, where the matter for decision relates exclusively to the
area of the Committee, determine the following:
3.14.1 Permit the deposit of a builder’s skip on highway under section 139
of the Highways Act 1980.
3.14.2 License the planting, retention and maintenance of trees etc. in part
of a highway under section 142 of the Highways Act 1980.
3.14.3 Authorise the erection of stiles etc. on footpaths or bridleways

under section 147 of the Highways Act 1980.
3.14.4 License works in relation to buildings etc. which obstruct the

highway under section 169 of the Highways Act 1980.

(21 May 2009)
3.14.5 Consent to temporary deposits or excavations in streets under

section 171 of the Highways Act 1980.
3.14.6 Dispense with obligation to erect a hoarding or fence under section

172 of the Highways Act 1980.
3.14.7 Restrict the placing of rails, beams etc. over highways under
3.14.8 Consent to the construction of cellars etc. under a street under

3.14.9 Consent to the making of openings into cellars etc. under streets
and pavement lights and ventilators under section 180 of the
Highways Act 1980.
3.14.10 Create footpaths and bridleways under section 26 of the Highways

Act 1980.
3.14.11 Stop up footpaths and bridleways under section 118of the

Highways Act 1980.
3.14.12 Divert footpaths and bridleways under section 119 of the Highways
Act 1980.
3.14.13 Assert and protect the rights of the public to use and enjoyment of
highways under section 130 of the Highways Act 1980.
3.14.14 Removal of things so deposited on highways as to be a nuisance

under section 149 of the Highways Act 1980.
3.14.15 Keep the definitive map and statement under review under section
53 of the Wildlife and Countryside Act 1981.
3.14.16 Reclassify roads used as public paths under section 54 of the

Wildlife and Countryside Act 1981.
Executive Functions of Area Committees
3.15 The committee may determine any matter in the discharge of an executive
function where it relates exclusively to the area of the committee and is
referred to the committee by the Cabinet, a member of the Cabinet or an
officer having executive authority to take the decision.
3.16 In the event that the Cabinet delegates the determination of a specific matter
to an area committee that delegation, including and conditions attached to the
delegation, shall take precedence over any more general authority.

(21 May 2009)
Area Committees – Access to Information
3.17 The agenda and notice for area committee meetings which deal with both
executive functions non-executive functions will clearly indicate into which
category an agenda item falls.
Cabinet Members on Area Committees
3.18 A member of the Cabinet may serve on an area committee if otherwise eligible
to do so as a councillor.

(21 May 2009)
4. Area Housing Boards
4.1 There shall be an Area Housing Board for each of the 7 areas in the City.
4.2 The terms of reference set out below incorporate and shall be read in
conjunction with the document: ‘Hull City Council Area Housing Boards’
adopted on 28 May, 2008 and are subject to change or amendment by the
Leader of Council or the Cabinet.
4.3 The Board may delegate the discharge of any of its functions to an officer of
the Council.
Composition
4.4 The Board shall comprise members of Council appointed by the area
committee with the approval of the Leader of Council or the Cabinet, tenants
and independent members, and be constituted in accordance with the
document: ‘Hull City Council Area Housing Boards’ adopted on 28 May 2008.
Quorum
4.5 The quorum of the Board shall be three members and include two tenants.
Role and Functions
4.6 The Board shall discharge the following executive housing functions:
4.6.1 Consider, monitor and take decisions on matters concerning the local
delivery of the Council’s housing services to tenants and leaseholders.
4.6.2 Oversee standards, quality, performance and management of the

locally delivered housing service.
4.6.3 Ensure compliance with the terms of a management agreement

between the Director of Housing and each area director.
4.6.4 Hold local service managers to account for the delivery of housing
services according to agreed standards.
4.6.5 Manage agreed Housing Revenue Account budgets for the area in
consultation with the Director of Housing.
4.6.6 Seek efficiencies to be reinvested into improved housing services

subject to the terms of the management agreement.
4.6.7 Agree local housing investment priorities and oversee housing

investment projects in the area.

(21 May 2009)
5. LEA Governor Appointments Panels
5.1 The area committee for each of the areas identified in paragraph 3.3 will
appoint a sub-committee to be known as the [Name of Area Committee] LEA
Governors Appointments Panel.
5.2 The Panel may delegate the discharge of any of its functions to an officer of
the Council.
Composition
5.3 The Panel shall comprise five members of Council.
Quorum
5.4 The quorum of the Panel shall be three voting members.
Role and Functions
5.5 The Panel will appoint LEA school governors to the governing bodies of
schools located within the area served by the area committee.

(21 May 2009)
6. Planning Committee
6.1 The Council will appoint the Planning Committee.
Composition
6.3 The Committee shall comprise 15 members of Council.
Quorum
Role and Functions
6.5 The Committee will discharge the following planning and conservation
functions:
6.5.1 The functions relating to town and country planning and

development control specified in paragraphs 1 to 27 of Part A,
paragraphs 10 to 12 of Part I of Schedule 1 to the Local Authorities
(Functions and Responsibilities) (England) Regulations 2000 and
associated matters.
6.5.2 All matters under the Town and Country Planning (General
Permitted Development) Order 1995.
6.5.3 Make recommendations upon planning legislation, guidance, policy,

government proposals and related matters.
6.6 The registration of common land or town and village greens and the variation
of rights of common as set out in paragraphs 37 and 38 of Part B of Schedule
1 to the Local Authorities (Functions and Responsibilities) (England)
Regulations 2000.
6.7 The exercise of powers relating to the regulation of the use of highways as set
out in Schedule 1 to the Local Authorities (Functions and Responsibilities)
(England) Regulations 2000 including all conditions, restrictions, amendments
and enforcement relating to all the above functions including the amount of
any charge.

(21 May 2009)
7. Licensing Committee
7.1 The Council will appoint the Licensing Committee.
Composition
7.3 The Committee shall comprise 11 members of Council.
Quorum
Role and Functions
7.5 The hackney carriages and private hire vehicles, goods and miscellaneous
licensing and registration functions specified in paragraphs 1 to 5, 15 to 36, 39
to 46 and 56 to 68 of Part B of Schedule 1 to the Local Authorities (Functions
and Responsibilities) (England) Regulations 2000, including all conditions,
restrictions, charges and enforcement relating to those functions including any
amending legislation.
7.6 The licensing functions under Licensing Act 2003 and Gambling Act 2005
including any amending legislation
.
7.7 Make recommendations upon licensing legislation, guidance, policy,
government proposals and related matters.

(21 May 2009)
8. Appeals Committee
8.1 The Council will appoint the Appeals Committee.
Composition
8.3 The Committee shall comprise five members of Council.
Quorum
8.4 The quorum of the Committee shall be three voting members.
Role and Functions
8.5 The Committee will:
8.5.1 Consider and determine any appeal against dismissal, grading and
any determination of a grievance by employees of the Council in
accordance with Council policies and the Local Government and
Housing Act 1989.
8.5.2 Consider and determine student award appeals, home to school

transport appeals and discretionary hardship payments appeals.
8.5.3 Act as and determine matters brought to the Corporate Complaints

Panel, Member Notice of Possession Proceedings Panel and
Disputes Panel.

(21 May 2009)
9. Civic Committee
9.1 The Council will appoint the Civic Committee.
Composition
9.3 The Committee shall comprise five members of Council.
Quorum
9.4 The quorum of the Committee shall be two voting members.
Role and Functions
9.5.1 Deal with civic matters relating to the Council including the giving of
consent to use the Council’s armorial bearings under section 44 of
the Kingston upon Hull Act 1984.
9.5.2 Make recommendations to Council regarding the admission of

freemen, the conferment of the title of Honorary Alderman and the
admission of Honorary Freemen of the City.

(21 May 2009)
10. Audit Committee
10.1 The Council will appoint the Audit Committee.
Composition
10.3 The Committee shall comprise nine members of Council and include the Chair
of the Standards Committee as a non-voting member.
Quorum
10.4 The quorum of the Committee shall be four voting members.
Role and Functions
Audit Activity
10.5.1 Consider the Audit and Business Risk Manager’s annual report and
opinion, and a summary of Internal Audit activity (actual and
proposed) and the level of assurance it can give over the Council’s
corporate governance arrangements and identified risk areas..
10.5.2 Consider summaries of specific Internal Audit reports.
10.5.3 Consider reports dealing with the management and performance of

the providers of internal audit services.
10.5.4 Consider reports from Internal Audit on agreed recommendations

not implemented within a reasonable timescale.
10.5.5 Consider the External Auditor’s Annual Letter and relevant reports .
10.5.6 Consider specific reports as agreed with the External Auditor.
10.5.7 Comment on the scope and depth of external audit work and to
ensure it gives value for money.
10.5.8 Liaise with the Audit Commission over the appointment of the
Council’s external auditor.
10.5.9 Commission work from Internal and External Audit through the
agreement of audit plans and in discussion with the Director of
Corporate Resources.

(21 May 2009)
Regulatory Framework
10.5.10 Maintain an overview of the Council’s Constitution in respect of

Contract Procedure Rules, Financial Regulations and Treasury
Management arrangements.
10.5.11 Review any issue referred to it by the Chief Executive, Deputy

Chief Executive, assistant chief executive or a director and any
Council body.
10.5.12 Monitor the effective development and operation of risk

management and corporate governance in the Council and approve
the risk management policy and strategy and the annual risk
management report.
10.5.13 Approve and oversee Council policies on Anti-Fraud and Corruption

Strategy and Money Laundering and consider their effectiveness as
part of the Council’s control environment.
10.5.14 Approve the Annual Governance Statement.
10.5.15 Oversee the Council’s arrangements for corporate governance and

agreeing necessary actions to ensure compliance with best
practice.
10.5.16 Oversee the Council’s compliance with its own and other published
financial standards and controls.
Accounts
10.5.17 Approve the annual statement of accounts and specifically

consider whether appropriate accounting policies have been
followed and whether there are concerns arising from the financial
statements or from the audit that need to be brought to the attention
of the Council.
10.5.18 Consider the External Auditor’s report to those charged with

governance on issues arising from the audit of the accounts.

(21 May 2009)
11. Standards Committee
11.1 The Council will appoint the Standards Committee.
Composition
11.3 The Committee shall comprise at least three members of Council and seven
other persons who are not members or officers of the Council or any other
relevant authority and are appointed by the Independent Member
Appointment Panel and known as ‘independent members’.
11.4 The Leader of Council shall not be appointed to the Committee and not more
than one member of the Cabinet may be appointed to the Committee.
11.5 The Chair of the Committee shall be an independent member.
Quorum
11.6 The quorum of the Committee shall be three voting members provided that
this includes one member of Council and one independent member.
Role and Functions
11.7 The Committee has the following statutory roles and functions:
11.7.1 Promoting and maintaining high standards of conduct by members of

Council and co-opted members.
11.7.2 Assisting members of Council and co-opted members to observe the

Member Code of Conduct.
11.7.3 Advising the Council on the adoption or revision of the Member Code
of Conduct.
11.7.4 Monitoring the operation of the Member Code of Conduct.
11.7.5 Advising, training or arranging to train members on matters relating to

the Member Code of Conduct.
11.7.6 Granting dispensations to members from the requirements relating to

the treatment of interests set out in the Member Code of Conduct.
11.7.7 Dealing with any written allegations concerning a failure by a member

of Council to comply with the Member Code of Conduct ,

(21 May 2009)
11.7.8 Dealing with any matter referred back from the Standards Board for
England for local investigation.
11.7.9 Dealing with any case referred back from the Standards Board for
England for local determination.
11.7.10 Dealing with any appeals concerning politically restricted posts.
11.8 In addition to the statutory roles and functions the Committee has the
following roles and functions:
11.8.1 Advising the Council on standards and values.
11.8.2 Undertaking or arranging for periodic ethical governance audits on

behalf of the Council and to advise the Council and monitor accordingly.
11.8.3 Advising the Council on the following policies and procedures, and
their effectiveness and outcomes:
11.8.3.1 The ‘Whistleblowing’ Policy and Procedure.
11.8.3.2 The Customer Feedback Scheme.
11.8.3.3 Local Ombudsman cases.
11.8.3.4 The Officer Code of Conduct.
11.8.3.5 The Member/Officer Relations Protocol.
11.8.3.6 The Procedure for Resolving Conflict between Employees

and Council Members.
11.8.3.7 The Planning Member Code of Conduct/Protocol.
11.8.3.8 The policies and procedures of the Council which concern

conduct, ethics and probity.

(21 May 2009)
12. Member Panel for Officer Employment Procedure Rules
12.1 The Council will appoint a committee to be known as the Member Panel for
Officer Employment Procedure Rules.
12.2 The Panel may delegate the discharge of any of its functions to a sub-
Composition
12.3 The Panel shall comprise ten members of Council.
Quorum
Role and Functions
12.5 The Panel will discharge the functions set out in the Officer Employment
Procedure Rules.

(21 May 2009)
13. Independent Members Appointment Panel
13.1 The Council will appoint a committee to be known as the Independent

Members Appointment Panel.
13.2 The Panel may delegate the discharge of any of its functions to a sub-
Composition
13.3 The Panel shall comprise eight members of Council.
Quorum
Role and Functions
13.5 The Panel will, in accordance with relevant legislation and statutory guidance,
make recommendations to the Council in respect to the following
appointments:
13.5.1 The independent members of the Standards Committee.
13.5.2 Members of the Independent Remuneration Panel.

(21 May 2009)
CABINET COMMITTEES AND MEMBERS OF CABINET
14. Corporate Trustee Committee
14.1 The Leader of Council will appoint a committee to be known as the Corporate
Trustee Committee.
14.2 The Committee may, following consultation with the Leader of Council,
delegate the discharge of any of its functions to an area committee or officer
of the Council.
Composition
14.3 The Committee shall comprise three members of the Cabinet.
Quorum
Role and Functions
14.5 The Committee shall:
14.5.1 Discharge the functions of the Council as corporate trustee in

relation to those trusts where the Council is the sole trustee.
14.5.2 Make any appointment as a trustee which falls to be made by the

Council.

(21 May 2009)
15. Asset Management Committee
15.1 The Leader of Council will appoint a committee to be known as the Asset
Management Committee.
delegate the discharge of any of its functions to an area committee or an
officer of the Council.
Composition
15.3 The Committee shall comprise five members of the Cabinet.
Quorum
Role and Functions
15.5 The Committee shall:
15.5.1 Advise on the discharge of executive functions relating to the

Council’s land and property assets.
15.5.2 Discharge the executive functions of the Council relating to land

and property assets with a value not exceeding £5 million.
15.5.3 Monitor and review the Capital Programme.
15.5.4 Discharge executive functions relating to specific capital schemes,

including the allocation of Capital Programme monies up to £5
million provided such decisions are within the Council’s budget and
policy framework and comply with any requirement in the
Constitution.
15.5.5 Discharge executive functions relating to the Community Stadium

Scheme.
15.5.6 Discharge executive functions relating to the Schools

Modernisation Programme concerning general decision making,
agreeing major programme changes and progress monitoring and
evaluation of service outcomes.
15.5.7 Discharge the functions of the Council in the award of contracts in

accordance with the Contract Procedure Rules.

(21 May 2009)
15.5.8 Monitor the performance of contractors and the effectiveness of
contracts in achieving desired outcomes and make
recommendations for the improvement of monitoring and delivery of
contracts arising from this function.
15.5.9 Monitor the tender processes generally used by the Council in the
award of contracts and to recommend changes and improvements
arising from this function.
15.5.10 Recommend to the Council changes and improvements to the

Contract Procedure Rules arising out of the work of the Committee
.
15.5.11 To approve recommendations from the Gateway Board (provided
the proposals are consistent with the agreed Gateway strategy, the
Gateway business plan approved by Cabinet, the Council’s
Housing Strategy, the asset management strategy and do not
involve other statutory processes on the part of the City Council.

(21 May 2009)
16. Performance and Finance Committee
16.1 The Leader of Council will appoint a committee to be known as the

Performance and Finance Committee.
Composition
Quorum
Role and Functions
16.5 The Committee shall ensure the Council’s continuous improvement through
the monitoring and challenge of performance information, including budget
monitoring as follows:
16.5.1 Review the monthly performance summary and quarterly

performance overview reports ensuring clear action plans are in
place to resolve any under performance.
16.5.2 Ensure that action plans are adhered to, by the monitoring of
specific action logs as required.
16.5.3 Ensure that budget targets are being met and to request action to
intervene if required.
16.5.4 Agree the Council’s strategic measures and the action plans to
fulfill them and then monitor updates on performance against these
plans.
16.5.5 Agree how the Council will meet its CPA targets and then request
and monitor regular updates on performance against these targets.
16.5.6 Evaluate and confirm that tangible service benefits are being
achieved by the reported performance.
16.5.7 Regularly monitor the strategic risk register; ensure that it is

regularly updated and that necessary mitigating actions are
undertaken.
16.5.8 Report and where necessary make recommendations to Cabinet on

any matter and in particular where further action, resource

(21 May 2009)
reallocation or other intervention is required to meet performance
targets.
16.5.9 Respond to any referrals from the Overview and Scrutiny

Management Committee or a scrutiny commission relating to the
above.

(21 May 2009)
17. Children’s Services Committee
17.1 The Leader of Council will appoint a committee to be known as the Children’s
Services Committee.
Composition
Quorum
Role and Functions
17.5 The Committee shall monitor and direct the Council’s implementation of the
Children Act 2004 and oversight of development of Children’s Trust
arrangements. In order to facilitate this, it is the Committee’s responsibility:-
17.5.1 To make decisions in respect of strategic planning for Children’s

and Young People’s Services by the Council in line with all relevant
legislation and the City Council’s constitution and strategies.
17.5.2 To make recommendations to Cabinet on the delivery of cross

cutting services where these have an impact on children & young
people.
17.5.3 To ensure the effectiveness and value for money of all Council
Children and Young People’s Services.
17.5.4 To monitor the Council’s contribution to the six outcomes for the
Children and Young peoples Partnership and improved outcomes
for children and young people.
17.5.5 To ensure that the Director of Children and Young People’s

Services and other chief officers across the council are held
accountable by the Chief Executive and Elected Members for the
contributions made by the services for which they are responsible
to improve outcomes for children and young people.
17.5.6 To ensure that children and young people are able to make a real
contribution to the development of services by their active
involvement in service design through seeking their feedback on
effectiveness of services.

(21 May 2009)
17.5.7 To have a particular focus on safeguarding and promoting the

welfare of children and young people and hold the Director of
Children and Young People’s Services to account for the work of
integrated Local Authority children’s services.
17.5.8 To receive reports an standards found during rota visits and action
plans resulting from the same
17.5.9 To receive an annual report relating to complaints
17.5.10 To ensure that:
17.5.10.1 the needs of children and young people in the authority’s

area have been assessed; resources from the Local
Authority, other public agencies, the private sector, and
the voluntary and community sector, have been
identified; and services are being appropriately
commissioned to bring better outcomes for children and
Young People;
17.5.10.2 there are sufficient financial, human and other resources

available to discharge the authority’s statutory children’s
services functions and maintain service standards in the
future, and staff are supported and developed so that
they have the required competences;
17.5.10.3 the arrangements by which the Director of Children and

Young People’s Services acts as principal point of
contact for the conduct of local authority children’s
services business with the Department of Children
School’s and Families other government departments,
and organisations with responsibility for inspections (e.g.
inspectorates and commissions) are operating
effectively;
17.5.10.4 information is being provided to national agencies as

required;
17.5.10.5 services comply with statutory requirements, including

equality and anti-discrimination legislation;
17.5.10.6 arrangements are in place through which concerns may

be raised within the Local Authority that systems and
practices may be unsatisfactory; and
17.5.10.7 the Terms of reference will be kept under review in line

with the development of the Children’s Trust.

(21 May 2009)
18. Kingstown Works Limited Shareholding Committee
18.1 The Leader of Council will appoint a committee to be known as the Kingstown
Works Limited Shareholding Committee.
delegate the discharge of any of its functions to an officer of the Council.
Composition
18.3 The Committee shall comprise four members of the Cabinet.
Quorum
Role and Functions
18.5 The Committee shall discharge the functions of the Council as shareholder in
Kingstown Works Limited including the approval of all matters reserved to the
Council.

(21 May 2009)
19. The Cabinet and Members of the Cabinet
Delegation of authority to discharge executive functions by the Leader of

Council
19.1 The Leader of Council delegates to the Cabinet the authority to discharge the
executive functions contained in Article 3.11.
19.2 The Leader of Council may delegate to a member of the Cabinet the authority,
subject to paragraph 19.9 below, to take decisions in the discharge of
executive functions.
19.3 The Leader may establish outside the formal member bodies structure of the
Council, panels to advise the Leader or portfolio holder on matters within their
remit.
19.4 The Leader of Council delegates executive functions to officers in accordance

with rule 20.1.
19.5 The Cabinet may, following consultation with and unless the Leader of Council
directs otherwise, delegate the discharge of an executive function to a
committee of the Cabinet, a member of the cabinet, an area committee or an
officer.
19.6 A committee of the Cabinet may, following consultation with and unless the
Leader of Council directs otherwise, delegate the discharge of an executive
function to a member of the cabinet, an area committee or an officer.
19.7 A member of the Cabinet may, following consultation with and unless the
Leader of Council directs otherwise, delegate the discharge of an executive
function to an area committee or an officer.
19.8 An area committee may, following consultation with and unless the Leader of
Council directs otherwise, delegate the discharge of an executive function to
an officer.
19.9 The fact that an executive function has been delegated shall not prevent the
discharge of that function by the person or body that delegated the function.
General provisions
19.10 The exercise by a member of the Cabinet of any delegated authority

(including taking advice from a special panel referred to in paragraph 19.9.3
above) to take a decision in the discharge of an executive function is subject
to the following:
19.10.1 The member has, in accordance with Article 7.3, first considered a
written report prepared by an appropriate officer and which contains
any relevant advice from the Chief Executive, the Director of

(21 May 2009)
Corporate Resources and/or the Head of Legal and Democratic
Services.
19.10.2 Where any expenditure may be incurred by the Council, the

member of the Cabinet having responsibility for budget and finance
shall be consulted and any decision shall be subject to the
identification of sufficient approved budget to meet any expenditure.
19.10.3 Any decision taken shall be in accordance with Council’s budget

and policy framework, and any condition imposed by the law, this
Constitution and any relevant statutory guidance.
19.10.4 The exercise of any delegated authority in relation to a matter for

which more than one member of the Cabinet has a responsibility
shall be exercised by agreement between those members having a
responsibility
19.10.5 A member of the Cabinet may, as he/she may determine

appropriate, refer any matter falling with the authority delegated to
him/her to the Cabinet or a committee of the Cabinet.
19.10.6 A member of the Cabinet shall not take any decision in the
discharge of a function of a statutory officer, proper officer or any
matter of a professional, managerial, operational or regulatory
nature delegated to an officer pursuant to paragraph 20.1.2.
19.11 The Leader of Council may determine a scheme of delegation concerning the
discharge of executive functions which may be subject to amendment at any
time during the year.
19.12 The Leader of Council shall give written notice to the Chief Executive and to
the person, body or committee concerned which sets out the extent of any
amendment to the scheme and whether it involves the withdrawal of
delegation from any person, body, committee or the Cabinet. The Chief
Executive shall report to the next ordinary meeting of the Council any changes
made by the Leader of Council.
19.13 A written notice given to a body or committee shall be deemed to be given to

the body or committee when given to the chair of the body or committee.
Monitoring Officer
19.14 The exercise by a member of the Cabinet of any delegated authority is subject
to the statutory responsibilities of the Head of Legal and Democratic Services
as the Council’s Monitoring Officer pursuant to section 5 of the Local
Government and Housing Act 1989.
Section 151 Officer

(21 May 2009)
19.15 The Director of Corporate Resources, as the Council’s Section 151 Officer is
authorised to take any action necessary to comply with statutory, regulatory
and relevant codes of practice which relate to the financial management and
administration of local authorities. The exercise by a member of the Cabinet of
any delegated authority shall be subject to the statutory responsibilities of the
Director of Corporate Resources pursuant to section 151 of the Local
Government Act 1972.
Record of delegated functions
19.16 A written record of all decisions to delegate a function to a member of the

Cabinet shall be kept and a list of all such decisions shall be maintained by
the Head of Legal and Democratic Services.

(21 May 2009)
20. Joint Arrangements
Joint Structure Planning Advisory Committee with East Riding of Yorkshire
20.1 Advises on policy matters.
Joint Waste Management Advisory Committee with East Riding of Yorkshire
20.2 Advises on policy matters.
Humberside Combined Fire Authority
20.3 All duties in relation to fire prevention under the Fire Services Act 1947.
Hull & Goole Port Health Authority
20.4 All functions in accordance with the Hull & Goole Port Health Authority Order
1982.
Humber Bridge Board
20.5 All functions in connection with the Humber Bridge Act 1959. To operate and
manage the Humber Bridge in accordance with the Humber Bridge Acts.
Joint Appointments Committee for the Members of Humberside Police

Authority
20.6 To nominate members to the Humberside Police Authority.

(21 May 2009)
OFFICERS
21. Officers of the Council
Delegation of functions to officers by the Council, Leader of Council and the

Cabinet
21.1 The Council, Leader of Council and the Cabinet delegate, subject to
paragraph 20.5 below, to the Chief Executive, Deputy Chief Executive,
assistant chief executives, directors and any officer acting in his/her place in
accordance with paragraph 20.7 below:
21.1.1 The authority to take decisions that give effect to decisions of the
Council, committees and sub-committees of the Council taken in
the discharge of non-executive functions and the Leader of Council,
the Cabinet and committees of the Cabinet taken in the discharge
of executive functions within the officer’s area of responsibility.
21.1.2 The authority to take routine decisions, including those of a

professional, managerial, operational or regulatory nature, in the
discharge of both non-executive and executive functions within the
officer’s area of responsibility.
21.1.3 The authority to take decisions in the discharge of both non-

executive and executive functions within the officer’s area of
responsibility having undertaken prior consultation with the Leader
of Council, appropriate member of the Cabinet or chair of the
appropriate committee or sub-committee.
21.1.4 The authority, in relation to matters not falling within paragraphs

20.1.1 to 20.1.3 above, to submit a report and make, as may be
appropriate, recommendations to the Council, the Leader of
Council, the Cabinet, a committee (of the Council or the Cabinet) or
a sub-committee.
21.2 An officer named in paragraph 20.1 in taking a decision shall:
21.2.1 Consider the nature of a proposed decision, the outcome and effect
that may reasonably be expected to result and take these into
account in determining under which of the authorities provided by
paragraphs 20.1.1 to 20.1.4 above the decision falls. In particular,
where any doubt arises as to whether prior consultation should be
undertaken under paragraph 20.1.3 or a report made under
paragraph 20.1.4, the consultation shall be undertaken or the report
shall be made.
21.2.2 Take full account of the financial effect of a decision and ensure
that there is sufficient budget available to meet any cost to the
Council.

(21 May 2009)
21.2.3 Take full account of and act in accordance with the budget and
policy framework and the policies, strategies, plans and objectives
of the Council.
21.2.4 Comply with all relevant legislation, statutory guidance and any
requirement contained in this Constitution including the publication
of details of any key decision in the Forward Plan.
21.2.5 Take due account of the duty of Best Value and use the most
efficient and effective means available, including the deployment of
staff and other resources under their control and the procurement
of other resources as may be necessary whether within or outside
the Council.
21.2.6 Act with due regard to the corporate interests of the Council.
21.3 The Council, Leader of Council and the Cabinet delegate to the Chief
Executive and, in his/her absence, the Deputy Chief Executive the authority to
discharge any non-executive or executive function in cases of emergency
where it is not reasonably practical to undertake prior consultation in
accordance with paragraph 20.1.3. Any decision and action taken pursuant to
this authority shall be reported to the Cabinet or other appropriate body.
21.4 An officer named in paragraph 20.1 above may refer a matter to the Leader of
Council, Cabinet or appropriate committee or sub-committee for decision
where he/she considers it expedient to do so.
21.5 An officer named in paragraph 20.1 above may authorise an officer(s) to

discharge, on his/her behalf, functions delegated to him/her. Where the
authority to be provided involves the discharge of an executive function the
officer shall consult the Leader of Council before providing any authorisation.
Any decision taken under this authority shall remain the responsibility of the
officer named in paragraph 20.1 above and shall be taken in the name of that
officer who shall remain accountable and responsible for all such decisions.
21.6 Where an officer named in paragraph 20.1 is to be absent for any period likely
to exceed 5 working days, he/she or the Chief Executive, Deputy Chief
Executive, assistant chief executive or director, as may be appropriate, must
nominate in writing another officer to act in his/her place during their absence.
21.7 The officer posts named in paragraph 20.1 shall be deemed to include any
successor post or a post which includes within the job description for that
post, elements relevant to a particular delegation, which were also present in
the earlier post and shall include any officer acting up or seconded.

(21 May 2009)
Head of Paid Service, Chief Finance Officer and Monitoring Officer
21.8 The Council designates the following posts, having the functions set out in
paragraphs 20.8 to 20.25 below, as shown in the following table:
POST DESIGNATION
Chief Executive Head of Paid Service
Director of Corporate Resources Chief Finance Officer
Head of Legal and Democratic Services Monitoring Officer
Head of Paid Service
21.9 The Head of Paid Service will report to full Council on the manner in which the
discharge of the Council’s functions is co-ordinated, the number and grade of
officers required for the discharge of functions and the organisation of officers.
21.10 The Head of Paid Service will determine and publish a description of the
overall management structure of the Council.
21.11 The Head of the Paid Service may not at the same time be the Monitoring
Officer or hold the post of Chief Finance Officer.
Chief Finance Officer
21.12 The Chief Finance Officer will, following consultation with the Head of the Paid
Service and the Monitoring Officer, report to the full Council (or the Cabinet in
relation to an executive function) 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
or if the Council is about to enter an item of account unlawfully.
21.13 The Chief Finance Officer shall have responsibility for the administration of the
financial affairs of the Council.
21.14 The Chief Finance Officer will contribute to the corporate management of the
Council, in particular through the provision of professional financial advice.
21.15 The Chief Finance Officer will provide advice on decision-making,

maladministration, financial impropriety, probity and budget and policy
framework issues to all members and will support and advise members and
officers in their respective roles.
21.16 The Chief Finance Officer may provide financial information to the media,
members of the public and the community.

(21 May 2009)
Monitoring Officer
21.17 The Monitoring Officer will maintain and keep up to date the Constitution and
is authorised to make such amendments to the Constitution and related
documents as may be necessary to reflect and take account of changes in
legislation, statutory guidance, Council policy, decisions of the Council and the
Cabinet, and drafting changes and/or improvements. The Monitoring Officer
will ensure that the Constitution is available for consultation by members, staff
and the public.
21.18 The Monitoring Officer will, following consultation with the Head of Paid
Service and the Chief Finance Officer, report to the full Council (or the Cabinet
in relation to an executive function) if he/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 report will have the effect
of stopping the proposal or decision from being implemented until the report
has been considered.
21.19 The Monitoring Officer will contribute to the promotion and maintenance of
high standards of conduct through the provision of support to the Standards
Committee.
21.20 The Monitoring Officer will receive and act on reports made by ethical
standards officers and decisions of case tribunals.
21.21 The Monitoring Officer will be responsible for investigations into complaints
concerning members of Council and into matters referred by ethical standards
officers and make reports or recommendations in respect of them to the
Standards Committee.
21.22 The Monitoring Officer shall be the proper officer for recording executive
decisions and will ensure that executive decisions, together with the reasons
for those decisions and relevant officer reports and background papers, are
made publicly available as soon as possible.
21.23 The Monitoring Officer will advise whether decisions of the Cabinet are in
accordance with the budget and policy framework.
21.24 The Monitoring Officer will provide advice on the scope of legal powers and
authority to take decisions, maladministration, financial impropriety, probity
and budget and policy framework issues to all councillors.
21.25 The Monitoring Officer cannot be the Chief Finance Officer or the Head of
Paid Service.

(21 May 2009)
Duty to provide resources to the Chief Finance Officer and Monitoring Officer
21.26 The Council will provide the Monitoring Officer and the Chief Finance Officer
with such officers, accommodation and other resources as are in their opinion
sufficient to allow their duties to be performed.
Appointment of Proper Officers
21.27 The Chief Executive, Deputy Chief Executive, assistant chief executives,
directors and area directors are the proper officer for all purposes relating to
his/her area of responsibility.
21.28 The Council designates the following posts to be the proper officer for the
functions indicated in the table below. The Chief Executive shall, where
necessary, appoint a proper office for the discharge of Council functions
where any appointment is required.
21.29 Where in any legislation reference is made to a Proper Officer of the Council
and no officer has been appointed by the Council to act for that purpose, then
the Chief Executive will be deemed to be the Proper Officer until a resolution
is passed by the Council appointing a particular officer as Proper Officer for
that purpose. If the Chief Officer is unable to act, this power shall be
delegated to the Deputy Chief Executive, if the Deputy Chief Executive is
unavailable, to the Monitoring Officer.
Births and Registration Act 1953

Section Description Proper Officer
6 Registration between 3 and 12 months and from Superintendent
the date of birth. Registrar of
Births, Deaths
and Marriages
13 Registration of name of child or alteration of Superintendent
name. Registrar of
Births, Deaths
and Marriages
Local Authority Social Services Act 1970

Appointment of Director of Social Services Head of
Community Care
Services
Local Government Act 1972

83(1) – Officer to whom persons elected shall make Chief Executive
(4) declaration of acceptance of office: Mayor,
Deputy Mayor, Councillor
84 The Officer to whom a person elected to any Chief Executive

(21 May 2009)
office under the Borough Council may give

written notice of resignation.
88(2) The Officer who may convene a meeting of Chief Executive

the Council for the election to fill a vacancy.
89(1) The Officer who may receive notice in writing Chief Executive
(b) of a casual vacancy in the office of Councillor
from two local government electors
96(1) Receipt of notices of personal and prejudicial Head of Legal
and Democratic
interests.
Services
96(2) The Officer who shall keep the record of Head of Legal
disclosures of personal and prejudicial and Democratic
Services
interests
100B Exclusion from reports open to inspection, Head of Legal
(2) parts relating to items during which the and Democratic
meeting is likely not to be open to the public. Services
100B The supply to the press of additional material Head of Legal
(7)(c) supplied to Members of the Council in and Democratic
connections with items of business to be Services
discussed.
100C Preparation of a written summary of those Head of Legal
(2) parts of the proceedings of a Committee and Democratic
which disclose exempt information. Services
100D Officer responsible for identifying background Head of Legal
(1)(a) papers and compiling lists of such documents. and Democratic
and Services
(5)(a)
100F Making of decisions as to documents Head of Legal
(2) disclosing exempt information which are not and Democratic
required to be open to inspection by Members Services
of the Council.
115(2) The Officer who shall receive all money due Director of
from every officer employed by the Council. Corporate
Resources
146(1) The Officer who shall give statutory Director of
(a) and declarations and certificates with regard to Corporate
(b) securities on the change of name or status. Resources
151 The Officer responsible for the proper Director of
administration of financial affairs. Corporate
Resources
191(2) The Officer to whom applications under Head of Legal
(b) and Section 1 of the Ordnance Survey Act 1842 and Democratic
(4)(b) should be sent. Services

(21 May 2009)
204 Officer to whom notice of application for a Head of CitySafe

Justices License under schedule 1 of the -
Licensing Act 1964 should be given.
210(6) The Officer to whom where immediately Head of Legal
and (7) before 1st April 1974, any power of property and Democratic
held by the council with respect to a charity Services
shall be vested to.
225(1) The officer who receives the deposit of Head of Legal
Documents and consequently has and Democratic
responsibility for the making of notes or Services
endorsements and receipts
229(4) The Officer who shall certify that a document Head of Legal
and (5) is a photographic copy of a document in the and Democratic
custody of the Council. Services
234 The Officer who may authenticate documents. Head of Legal
and Democratic
Services
236(9) The Officer who is responsible for sending Head of Legal
certified copies of byelaws to appropriate and Democratic
bodies. Services
238 The Officer who shall certify copies of byelaws Head of Legal
as true copies. and Democratic
Services
248(2) The officer who shall keep the roll of Freemen Head of Legal
in the City. and Democratic
Services
Schedule This schedule regulates the meetings and Chief Executive
12 proceedings of local authorities.
Para The Officer who may receive notice from a Head of Legal
4(3) member of the address to which a summons and Democratic
Schedule to a meeting has been sent. Services
12
Para The Officer who may certify copies of Head of Legal
25(7) resolutions passed under the Public Health and Democratic
Schedule Acts 1875 to 1925 as true copies for Services
14 production in legal proceedings.

30(5) The Officer who must effect publication in Chief
newspapers of the reports for Local Executive
Commissioner.
Local Government (Miscellaneous Provisions) Act 1976

41 The Officer responsible for certifying copies of Head of Legal
resolutions, minutes and other documents and Democratic
Services

(21 May 2009)
Representation of the People Act 1983

28 Acting Returning Officer (Parliamentary Chief Executive
Elections)
35 Returning Officer (Local Government Elections) Chief Executive
Public Health (Control of Diseases) Act 1984

11 Officer to be notified of cases of food Director of North
poisoning/disease Yorkshire &
Humber
Protection Unit
18 Officer required to furnish information in the Head of
prevention of the spread of food poisoning and Community Care
disease. Services
20 Stopping of work to prevent spread of disease. Head of
Community Care
Services
21 Power to exclude a child from school to prevent Head of
the spread of disease or food poisoning. Community Care
Services
22 Power to request a list of day pupils who are Head of
suffering from a notifiable disease. Community Care
Services
24 Infected articles not to be taken or sent to a Head of
public laundry for cleaning unless with the Community Care
explicit permission of the proper officer Services
29 The letting of a house or room further to a Head of
previous occupant suffering with a notifiable Community Care
disease. Services
31 Disinfection of premises Head of
Community Care
Services
32 Removal of a person from an infected house. Head of
Community Care
Services
48 Removal of body from mortuary for immediate Head of
burial Community Care
Services
59 Authentication of documents Head of
Community Care
Services
60 Service of notification and other documents Head of
Community Care
Services

(21 May 2009)
Housing Act 1985
606(1) Reports on housing which is unfit for human Head of
and (2) habitation Community Care
Services
Weights and Measures Act 1985

72 The appointment of inspectors in relation to City Trading
weights and measures. Standards Officer
Public Health (Infectious Diseases) Regulations 1988

All These regulations prescribe the duties of the Director of North
proper officer with respect to notifications, Yorkshire &
reports of disease and measures for preventing Humber Protection
the spread of disease. Unit
Local Government and Finance Act 1988

114 The Officer responsible for making financial Director of
report to the authority. Corporate
Resources
Local Government and Housing Act 1989

4 Head of Paid Service Chief Executive
5 Monitoring Officer Head of Legal and
Democratic
Services
19 Receipt of information about Members’ direct Head of Legal and
and indirect pecuniary interests. Democratic
Services
The Food Safety 1990

49 Notices to be signed by proper officer. Head of
Community Care
Services
Local Government (Committees and Political Groups) Regulations 1990

8(1) and Officer to whom notice is delivered about the Head of Legal and
(5) constitution of a political group, or the change of Democratic
name of a political group. Services
9 and Officer to whom notice is delivered about a Head of Legal and
10 Councillor’s membership of, or cessation of Democratic
membership of a political group. Services

(21 May 2009)
13 Officer to whom the wishes of a political group Head of Legal and

are expressed. Democratic
Services
14 Officer responsible for notifying a political group Head of Legal and
about allocations and vacations of seats. Democratic
Services

66 Matters referred to the Monitoring Officer. Head of Legal
and Democratic
Services
81 Registers of Members’ Interests and other Head of Legal
Monitoring Officer functions. and Democratic
Services
92 Compensation for maladministration Head of Legal
and Democratic
Services
The Local Authorities (Referendums) (Petitions and Directions)

(England) Regulations 2000
4(2) Officer who publishes the number that is equal Electoral
to 5% of the number of the local government Registration
electors for the authority’s area. Officer
The Local Authorities (Executive Arrangements) (Access to Information)

(England) Regulations 2000
3(1) Officer responsible for producing a written Head of Legal
statement of all executive decisions made at a and Democratic
public or private meeting of Cabinet, including Services
the information specified in regulations 3(2).
5(1) Officer responsible for ensuring that a copy of Head of Legal
the following documents is available for public and Democratic
inspection. Services
6 Officer responsible for compiling a list of Head of Legal
background papers to the report referred to in and Democratic
regulation 5 above. Services
9(2) Officer who may exclude whole or part of any Head of Legal
report provided for public inspection under and Democratic
regulation under 11(1), where the part Services
excluded relates to a matter for which the
proper officer considers a meeting not likely to
be open to the public.
11(7)(c) Officer who may supply to a newspaper a copy Head of Legal
of any document supplied to Cabinet and Democratic
members, if she or he thinks fit. Services

(21 May 2009)
12(1) Officer responsible for publishing the Head of Legal

information relating to key decisions specified and Democratic
in regulation 12. Services
15(1) Officer responsible for doing the following Head of Legal
where the inclusion of a matter on the forward and Democratic
plan is impracticable and the matter would be a Services
key decision:
 giving notice to the Chair of the relevant
overview and scrutiny committee
 making that notice available for public
inspection
17(3) Officer responsible for determining whether Head of Legal
and (4) compliance with regulations 17(1) and (2) and Democratic
would involve the disclosure of either exempt Services
information or advice provided by a political
advisor or assistant
The Local Authorities (Standing Orders) (England) Regulations 2001

Paras 5 Officer for receiving notification of proposed Head of Legal and
and 6 of appointment of certain officers, notifying Democratic
Part II executive members of that proposed Services
of appointment and for receiving and notifying of
Schedule objections to the proposed appointment.
1
Anti-social Behaviour Act 2003

40 Officer who is able to close noisy premises Chief Executive
Children Act 2004

18 Director of Children’s Services Assistant Chief
Executive
(Children and
Young People’s
Services)
Local Elections (Principal Areas) (England and Wales) Rules 2006

All The Officer to whom all references to the Chief Executive
Proper Officer in these rules relate
Coroners Act 1988

S1 Coroner Coroner

(21 May 2009)

(21 May 2009)

The Constitution: Part B - Council and Executive Scheme of Delegation

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The Constitution: Part B - Council and Executive Scheme of Delegation

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THE CONSTITUTION

Part B – Council and Executive

Part B – Council and Executive Scheme of Delegation Page 22

COUNCIL AND EXECUTIVE

1. Overview and Scrutiny Management Committee 25

2. Overview and Scrutiny Commissions 27

4. Area Housing Boards 41

5. LEA Governor Appointments Panel 42

10. Audit Committee 47

11. Standards Committee 49

12. Member Panel for Officer Employment Procedure Rules 51

13. Independent Members Appointment Panel 52

Part B – Council and Executive Scheme of Delegation Page 23

CABINET COMMITTEES AND MEMBERS OF CABINET

14. Corporate Trustee Committee 53

15. Asset Management Committee 54

16. Performance and Finance Committee 56

17. Children’s Services Committee 58

18. Kingstown Works Limited Shareholding Committee 60

19. The Cabinet and Members of the Cabinet 61

20. Joint Arrangements 64

21. Officers of the Council 65

Part B – Council and Executive Scheme of Delegation Page 24

COUNCIL AND EXECUTIVE SCHEME OF DELEGATION

1. Overview and Scrutiny Management Committee

1.4 A member of the Cabinet shall not be appointed to the Committee.

1.5 The quorum of the Committee shall be 4 voting members.

Role and Functions

1.9 The consideration and determination of a request to call-in an executive

1.10 The discharge of the call-in function as may be appropriate in the

1.11.1 The approval of proposals from overview and scrutiny commissions

Part B – Council and Executive Scheme of Delegation Page 25

Part B – Council and Executive Scheme of Delegation Page 26

2.3 The commissions will have the following titles:

2.3.1 Crime and Community Safety Commission

2.3.2 Efficiency and Audit Commission

2.3.3 Environment and Transport Commission

2.3.4 Health and Social Wellbeing Commission

2.3.5 Housing, Neighbourhood Renewal and Urban Regeneration

2.3.6 Children’s Services Commission

2.5 A member of the Cabinet shall not be appointed to a commission.

Role and Functions

2.8 The Crime and Community Safety Commission will:

2.8.1 Discharge overview and scrutiny functions, excluding call-in, in

Part B – Council and Executive Scheme of Delegation Page 27

2.8.2 Scrutinise the agencies, mechanisms and processes involved in the

2.8.3 Contribute to the development of policies, strategies and plans in

2.8.4 Establish time-limited panels to undertake specific enquiries.

2.8.5 Have responsibility for advising on and monitoring the Council’s

2.8.6 Have responsibility for advising on and monitoring the Council’s

2.8.7 Have responsibility for advising on and monitoring the

2.8.8 Have responsibility for advising on and monitoring enforcement in

2.8.9 Review any partnerships established to develop and deliver

2.8.10 Contribute to reviews of services within the scope of the

2.8.11 Receive reports as appropriate from the District Auditor, the

2.9 The Efficiency and Audit Commission will:

2.9.1 Discharge overview and scrutiny functions, excluding call-in, in

2.9.2 Establish ad-hoc panels, normally time-limited, to undertake

2.9.3 Analyse the development of the Council’s revenue and capital

Part B – Council and Executive Scheme of Delegation Page 28

2.9.5 Review the management of resources made available to the

2.9.6 Review the development of Council-wide capital strategy and asset