1 THE ISSUE

1.1 The Council needs to establish its non Executive Decision making processes, note the current Executive arrangements and decide on the allocation of a particular function

2 RECOMMENDATION

The Council is asked to:

2.1 approve and note the structure for executive, non-executive and regulatory decision-making and overview and scrutiny as set out in the Constitution and identified specifically in this report;

2.2 appoint the Committees and Panels set out in Appendix 1 with the membership, terms of reference and delegated powers as set out in the Appendix and this report

2.3 authorise the Monitoring Officer to make and publicise any amendments to the Constitution necessary as a result of decisions taken at this meeting on this and other reports within the agenda;

2.4 approve the current political proportionality as set out in Appendix 1 on the basis that there has been no change to the political composition of the Council since the proportionality was last reviewed in May 2007;

2.5 approve the allocation of seats on the Committees and Panels as set out in Appendix 2, such seats to be filled in accordance with the nominations made by the political groups

2.6 appoint to chair each Committee and Panel such member as shall be nominated by the political group to whom Appendix 2 allocates entitlement so to nominate

2.7 authorise the Monitoring Officer to fill any casual vacancies in accordance with the wishes of the political groups

2.8 authorise the Monitoring Officer in consultation with relevant Members, to prepare diary dates through to May 2009;

2.9 Note arrangements concerning the allocation of portfolio responsibilities within the Cabinet

2.10 Agree that responsibility for preparation, submission and modification of a draft Local Area Agreement is delegated to the Cabinet; and Section 1, Part 3 of the Constitution relating to Local Choice Functions be amended to reflect this

3 FINANCIAL IMPLICATIONS

3.1 None

4 ARRANGEMENTS CONCERNING THE LEADER AND EXECUTIVE COUNCILLORS AND THEIR PORTFOLIOS AND DELEGATIONS

4.1 Previously part of the Council's annual business has been to appoint a Leader of the Council, the Deputy Leader and other Executive Councillors to perform the functions of Executive of the Council (known as the Cabinet)

4.2 Following the coming into force of the Local Government and Public Involvement in Health Act 2007, the legal position has altered. The Leader's term of office ends either when he or she is removed from office by resolution of the Council or at the Annual General Meeting after the next Elections due in 2011

4.3 Following the implementation of the Act, it is no longer for the Council to appoint other roles within the Cabinet Councillors. This is now a function of the Leader and she has indicated the existing postholders are confirmed in office until such time as they are removed from office by her or until the Annual General Meeting in 2011

4.4 The Leader of Council approved in December of last year a Scheme of Delegation of Executive Functions and no further action is required from Council to enable Executive business to proceed

5 APPOINTMENT OF COMMITTEES AND PANELS AND THEIR CHAIRS AND MEMBERS

5.1 General: The Council's Constitution sets out the approved non-executive and regulatory decision-making structure and the Council's overview and scrutiny arrangements. The size, terms of reference and delegated powers of those bodies are set out in the Constitution. Appendix 1 to this report lists the relevant Committees etc and the present allocation of seats to political groups in accordance with the agreed political proportionality.

5.2 Nominations are invited from the political groups for the appointment by the Council of Members to the bodies listed in Appendix 1 and for the Chairs of the Overview and Scrutiny Panels and the Regulatory and Non-Executive Committees (excluding the Standards Committee).

5.3 Political proportionality: There has been no change to the political composition of the Council since these arrangements were approved in May 2007. However, the Annual Meeting is one opportunity provided in Regulations for the Council to review political proportionality if it so wishes.

6 APPROVAL PROCESS FOR DRAFT LOCAL AREA AGREEMENT

6.1 Work has been undertaken over the course of 2007 to develop the new Local Area Agreement framework. The primary and secondary legislation is now in place and takes into account the results of the consultation on the draft statutory guidance, which closed on 12 February 2008.

6.2 One of the outcomes of the consultation was a conclusion by government that decisions as to who should be responsible for LAA functions should be a matter for local discretion. This was on the basis that LAAs are the delivery agreement for the long term objectives identified in the Sustainable Community Strategy and, as such, the objectives in the LAA should already have been subject to full Council scrutiny and sign off.

6.3 Before the draft LAA is submitted, a decision is needed to clarify whether responsibility for its approval lies with Cabinet or Council.

6.4 Should Council agree that this is a Cabinet function the draft LAA will be taken to Cabinet on 14th May, in time for the 30th May submission date to Government.

6.5 Should Council decide that this is a function for Council itself, a meeting of Council will be needed before 30th May to enable its submission to Government.

6.6 Following a decision on this item, the Local Choice functions section of the Constitution will be amended accordingly.

7 RISK MANAGEMENT

7.1 The Council is required by its own Constitution and legislation to deal with these matters at its Annual Meeting. The section on corporate financial governance and the relevant Appendices are self explanatory as to the risk management issues.

8 RATIONALE

8.1 The rationale for this report is based on legislation.

9 OTHER OPTIONS CONSIDERED

9.1 The Council has the option to vary its structures to meet its objectives provided it does so within the statutory framework for local authorities.

10 CONSULTATION

10.1 Statutory Officers have been consulted on this report.

Appendix 1

POLITICAL PROPORTIONALITY APPROVED BY COUNCIL 17TH MAY 2007

Appendix 2

TERMS OF REFERENCE AND COMPOSITION OF THE CABINET, OVERVIEW AND SCRUTINY PANELS, REGULATORY AND GOVERNANCE COMMITTEES, APPEALS PANELS AND THE JOINT COMMISSIONING BOARD

CABINET

GENERAL DUTY

To deliver the Council's objectives as stated through its approved Policy and Budget Framework.

To make arrangements to discharge all the functions of the Council except those reserved to the Council and those remitted to Regulatory Committees and Officers under the Scheme of Delegation.

Functional responsibilities

PORTFOLIO RESPONSIBILITIES

Individual Cabinet Members will be allocated personal portfolios of responsibility by the Leader. The details of those portfolios and the range and scope of individual member powers are set down in Section 3 of this Constitution.

Meeting frequency of Cabinet

On an eight week cycle, with reserve dates midway between the regular meetings.

Membership of Cabinet

Leader of the Council + 5 Cabinet Members, one of whom will be the Deputy Leader

Executive Advisory Bodies and Project Groups

The Cabinet will, as soon as practicable after the Annual Meeting of the Council, and in year if appropriate, determine which Advisory Bodies and Consultative mechanisms it wishes to establish.

The Cabinet may establish time limited Project Groups to ensure that key projects are managed effectively.

To date the following Cabinet Advisory Bodies have been established:

EQUAL RIGHTS ADVISORY

Purpose

1. To work with, advise and monitor the Council and the Cabinet in meeting the commitments expressed in the Council's Equalities Policies and the requirements of anti-discrimination, human rights and other relevant legislation;

2. To facilitate and monitor consultation with equalities groups;

3. To enable the Cabinet and equalities groups to share knowledge and experience of equalities issues which may incorporate a community and neighbourhood dimension;

4. To promote best practice in equal rights/equalities work of the Council;

5. To be a body of influence on, and advice for, decision making by the Council and by the Cabinet;

6. To report as necessary to the Cabinet and, where required to do so, to work with overview and scrutiny bodies.

7. By direct reporting to the Cabinet to provide commentary, advice and recommendation, to influence the work of the Council and the Cabinet and their decision making (including the decision making of other service providers);

8. To make arrangements to be involved at suitable stages in time to offer input to the strategic and service planning and review processes of the Council and the Cabinet as appropriate;

9. To comment on the Cabinet's annual budget and capital spending proposals;

10. To request monitoring/review reports on the implementation of equalities policies and practices.

Rights of the Panel

11. To have meetings resourced by the Council and minuted;

12. To be regarded as a legitimate consultee body on the budget, service plans and other matters relating to the purpose and as such to advise at an early stage in the budget and service planning processes, with the Panel itself determining its own priority involvement in these processes.

13. To be recognised by the Council as a body of influence;

Core Membership

14. 8 persons selected through a process agreed by the wider community of equalities groups and notified to the Cabinet Member with portfolio responsibility for equalities matters;

15. All Cabinet Members will have a right of attendance - reporting will normally be through the Cabinet Member for Resources.

Attendees by Invitation

16. Other Members of the Council;

17. Other equalities sector members as necessary on specific issues;

Meetings management

18. Meetings of the Panel will take place as and when necessary but will not normally exceed 4 meetings in a Council Year;

19. Meetings will be scheduled to coincide with key lead in times for the service planning and budget approval processes;

20. Special meetings may be arranged as necessary.

TRADES UNION CONSULTATIVE/ADVISORY BODY

The overall objective for this Trades Union Consultative/Advisory body is to provide an Authority-wide forum for consultation and negotiation between elected Members and representatives of recognised Trade Unions on all matters of direct interest to staff, including:

No question of individual discipline, grievance, capability, ill health, promotion, grading or efficiency shall fall within the scope of the functions of the Consultative/Advisory body and shall not be considered by the body.

Membership Arrangements

6 non-executive councillors (in the proportion 3 Cons, 2 Lib Dem, 1 Lab)

+with the Leader of the Council and all Cabinet Members having attendance rights.

17 x Employees' Side representatives nominated by the recognised trade unions of the Council, in accordance with the procedure adopted by the individual Trade Union for this purpose. For Health & Safety matters the Employees' side may be represented by either Trade Union representatives or other Health & Safety representatives.

All representatives (or their substitutes) shall be from recognised Trade Unions (except when dealing with Health and Safety matters when the participation of elected employee safety representatives may also be appropriate) and shall be employees of Bath and North East Somerset Council. The full-time Trade Union officers and recognised Trade Unions shall have the right to attend the Consultative/Advisory body meetings as participating observers.

Both sides (Employees' and Employers') shall be entitled to appoint substitute members to act in the absence of appointed members. A substitute member shall be treated in all respects as a full member of the Consultative/Advisory body when acting in such a substitute capacity. The Democratic Services Section shall be given notice of the substitution before commencement of the meeting.

If a member of the Consultative/Advisory body ceases to be an employee or Member of the Council, she/he shall also cease to be a member of the Consultative/Advisory body. The relevant side shall, as soon as possible, appoint a new member to fill the resulting vacancy for the remaining period of office.

The Chairperson and Vice Chairperson of the Consultative/Advisory body shall be elected for each meeting by the body, with the Chairperson being elected on an alternating basis from each Side.

Either side may arrange, through the Joint Secretaries, for the attendance, in a non-voting capacity, of an officer and/or a representative of a Service Area or Section or a recognised Trade Union at any meeting of the body where it would be helpful to the business under discussion.

PROCEDURAL ARRANGEMENTS

Meetings

The Trades Union Consultative/Advisory body will determine its meeting arrangements.

The meetings are not open to the public by virtue of Schedule 12A of the Local Government and Housing Act, which recognises the need to exempt from public access information relating to consultation or negotiation between the Authority and its employees.

Special meetings of the body to consider matters of particular urgency may be called with the agreement of the Joint Secretaries together with the lead Executive Councillor giving a minimum of 5 working days' notice.

Health and Safety matters will normally be discussed at meetings in alternate cycles.

Secretaries to the Consultative/Advisory body

The Council's Head of Human Resources, or nominee, will act as the Employers' Side Secretary and the Employees' Side shall nominate one of their representatives to act for the Employees' Side Secretary. The Joint Secretaries will be responsible for agreeing agenda items, in advance, and afterwards, the minutes of each meeting. They will also be expected to ensure that wherever possible any matters are resolved without the need to make reference to this body.

Agendas & Minutes

Agendas and minutes of previous meetings will be sent out not later than five clear working days before the meeting to which they relate unless in exceptional circumstances different arrangements are agreed between the Joint Secretaries.

Minutes, agreed between the Joint Secretaries, will be sent out within two weeks of the meeting and a report on any items considered by the Consultative/Advisory body on which a decision at Member level is required will be submitted to the Cabinet or other relevant Committee of the Council.

Quorum

The quorum necessary for these members shall be 1/3rd elected members from the Employers' Side and 1/3rd members from the Employees' Side. In the absence of a quorum, the items for consideration will be the first to be considered at the next ordinary meeting.

Voting shall be by show of hands or otherwise as the body may determine. Each member or substitute member shall be entitled to vote.

No recommendation of the Consultative/Advisory body shall be regarded as carried unless it has been approved by a majority of members present on both sides.

Agreement

Any Agreement made between both sides will be set out in writing and signed by the Joint Secretaries of the Consultative/Advisory body. Any agreement will be treated as a recommendation to the Cabinet (or Cabinet Member)

Differences

In the event of a dispute which cannot be resolved through the Consultative/Advisory body would be a matter for both sides to agree to submit the dispute for conciliation by an external organisation such as the Joint Secretaries South West Provincial Council for the Advisory, Conciliation and Arbitration Service (ACAS). In the event of a dispute the status quo will generally prevail, i.e. where no change has been made, or where change has been made, those arrangements will apply whilst the difference is referred in accordance with this paragraph.

Operations

Where matters of particular interest to the body require further consideration, it shall be empowered to establish Advisory Sub-Groups of a size to be determined, to consider the issues involved and report back to the Consultative/Advisory body.

The Consultative/Advisory body shall not have the power to make recommendations inconsistent with the powers and decisions of the National or Provincial Negotiating Committees.

Amendments to the Constitution

The constitution of the Consultative/Advisory body may be amended at any special meeting called for the purpose. No amendment shall be made except after notice has been given and circulated on the agenda for the meeting at which the proposed amendment is to be discussed.

Administrative Matters

Reasonable time off with pay, travel time and expenses will be provided for members of the Employees' Side to attend the Consultative/Advisory body including any pre-meeting prior to a meeting of the body.

The Employees' Side representatives on the Joint Consultative Committee shall be paid at their ordinary rates (including bonus where applicable) for the time spent at any meeting of the body or one of its sub advisory bodies held during working hours and for one hour prior to any such meeting where this falls within working time.

A Committee Administrator will be provided by the Council to administer meetings and take minutes.

BATH RECREATION GROUND TRUST

Delegation

The Council as Sole Trustee of The Bath Recreation Ground Trust has delegated to this Committee its powers and duties relating to the following matters:

Functions and Duties

To determine policy and manage The Bath Recreation Ground Trust in line with the obligations and objectives set out in the Trust deed which governs it.

Membership

Any three Members of the Cabinet not necessarily in political proportion

Frequency of Meetings

It is anticipated that this Committee normally needs to meet four times a year to deal with matters of policy and importance arising from the management of the Bath Recreation Ground Trust, with additional meetings being arranged at any other time as required.

Chairing

The Committee will elect its own Chair.

OTHER ADVISORY BODIES

Individual Executive Members have the authority to establish such other Advisory Bodies as they think appropriate. (Authority stems from Council Executive meeting 12th June, 2002 Minute No. 7)

OVERVIEW AND SCRUTINY PANELS

The Council at its Annual Meeting determines the number and remit of Overview and Scrutiny Panels and appoints members to serve on the Panels. 

The current structure of Panels is as follows:

SAFER AND STRONGER COMMUNITIES  -

Membership:    3 Conservative Members; 3 Liberal Democrat Members, 1 unaligned 

Chaired by nominee of Liberal Democrat Group 

CORPORATE PERFORMANCE AND RESOURCES  -

Membership:   3 Conservative Members; 3 Liberal Democrat Members; 1 Labour Member ; 1 Independent Member

Chaired by nominee of Liberal Democrat Group 

CHILDREN AND YOUNG PEOPLE

(Designated Panel for Curriculum Complaints)

Membership 3 Conservative Members; 3 Liberal Democrat Members and 1 Labour Member, together with voting co-opted members representing parent governors and church education authorities.

Chaired by nominee of Conservative Group 

ENTERPRISE AND ECONOMIC DEVELOPMENT

Membership: 4 Conservative Members, 3 Liberal Democrat Members 

Chaired by nominee of Conservative Group 

HEALTHIER COMMUNITIES AND OLDER PEOPLE

(Designated Panel for statutory health scrutiny)

Membership: 3 Conservative Members , 3 Liberal Democrat Members ; 1 Labour Member 

Chaired by nominee of Labour Group 

GENERAL FUNCTIONAL RESPONSIBILITIES OF ALL OVERVIEW AND SCRUTINY PANELS

Within these subject areas, each Panel;

(i) has broad-based responsibility for Overview and Scrutiny in its particular area of responsibility, in line with the Council's objectives

(ii) scrutinises Performance Management information for the allocated performance areas on a scheduled basis and advises the Cabinet accordingly

(iii) receives and carries out work as allocated, including

(a) determination of Call-Ins of executive decisions made but not yet implemented,

(b) carrying-out of in-depth reviews, as set out in the Overview and Scrutiny Work Plan

(c) undertaking scrutiny of particular Key Decisions and other aspects of Cabinet activity

(d) offering overview advice and reports of policy development issues

(e) evaluating of the  impact of Council and Cabinet decisions and policies

(f) undertaking scrutiny of agreed Action Plans and Policies, to ensure compliance (including those required  by the District Auditor)

(g) reviewing and/or scrutinising decisions made or actions taken in connection with the discharge of any of the Council's functions;

(iv) may send communications and reports directly to other Overview and Scrutiny Panels and the Cabinet;

(vi) may invite persons to be co-opted members;

(vii) may invite participants to give evidence, either verbally or in writing, on any issue contained within the Overview and Scrutiny Plan

(viii) may require officers of the Council and members of the Cabinet to attend to give evidence, subject to the provisions of the Overview and Scrutiny Procedural Rules.

Overview and Scrutiny Panels may also:

on scrutiny issues

i) review and scrutinise the decisions made by and performance of the Cabinet and Council Officers both in relation to individual decisions and over a period of time;

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

iii) question members of the Cabinet and Officers about their decisions and performance*, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects (*this does not relate to the performance review ("appraisal") process which is a staff managerial responsibility);

iv) make recommendations to the Cabinet arising from the outcome of the scrutiny process;

v) invite any person to give evidence and answer questions (subject to the Overview and Procedure Rules)

on overview issues

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

(ii) conduct research, community and other consultation in the analysis of policy issues and development of possible options for the future

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

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

(v) carry out in-depth reviews of key local issues, subject to the provisions of the Overview and Scrutiny Plan.

(vi) request reports from Officers and Cabinet Members

Meeting Frequency:

Panels will determine their own frequency relevant to the requirements of the Overview and Scrutiny Work Plan, and within resources allocated to them.

HEALTH SCRUTINY

Background: Health Scrutiny

Local Authorities with social services powers are required to ensure that their overview and scrutiny function has the power to scrutinise the planning, provision and operation of health services. This power relates to reviewing, scrutinising and reporting on NHS services and institutions, and helps the Council build on existing health partnerships and other work to tackle causes of ill-health and health inequalities.

The power does not relate to private health services and providers. Councils are not responsible for performance managing the NHS. In exercising this power, the designated health overview and scrutiny panel (Healthier Communities and Older People) will report in its own right, not on behalf of the Council.

Provisions of the Health Scrutiny Regulations

Reporting Arrangements

Following any health overview & scrutiny topic undertaken, the Panel will make a report with recommendations to NHS bodies and B&NES Council. Such reports will also be copied to key stakeholders including local MPs and the Strategic Health Authority.

Working across Local Authority Boundaries

Some health issues will be specific to the B&NES area whilst others (e.g. performance of large hospitals or regional health services with a wide catchment area) will extend over the Bath & North East Somerset local authority boundaries. In such cases, Bath & North East Somerset will adopt the following approach:

Joint Health Scrutiny Committee

Protocols for a Joint Health Scrutiny Committee for cross-boundary overview and scrutiny of health issues and institutions have been established with the other Councils in the former Avon area.

Membership

The membership of each Joint Health Scrutiny Committee should be made up of not more than 3 Councillors from each Council participating in the review(s) being undertaken by that Committee.

The requirement to observe political proportionality in making appointments to these Joint Committees has been waived by all four Councils so as to give each Council maximum flexibility in making its appointments.

The three Bath & North East Somerset Councillors participating in the Joint Health Scrutiny will be agreed by the Panel designated as the health overview and scrutiny panel, as and when it is agreed to participate in a Joint Health Scrutiny Committee.

It is intended that these arrangements form the basis for constituting Joint Health Overview and Scrutiny Committees with other neighbouring local authorities e.g. Somerset or Wiltshire County Councils.

Joint Health Scrutiny Committee Terms of Reference

1) Where more than one local authority is consulted by a local NHS body in respect of any proposal that it has under consideration for the substantial development of the health service or the substantial variation of such service, to review and scrutinise such proposal jointly with any other local authority so consulted.

2) Where more than one local authority has an interest in the planning, provision and operation of health services which cross-geographical boundaries, to review and scrutinise any such matters jointly with any such other local authority.

3) To require the local NHS body to provide information about the proposal under consideration and where appropriate to require the attendance of a representative of the NHS body to answer such questions as appear to it to be necessary for the discharge of its function in connection with the consultation.

4) To prepare a report to the health body and the participating local authorities, setting out any comments and recommendations on any matter reviewed or scrutinised.

5) To report to the Secretary of State in writing where it is not satisfied that consultation on any proposal referred to in paragraph (1) has been adequate in relation to the content or time allowed.

6) To report to the Secretary of State in writing in any case where it considers that the proposal would not be in the interests of the health service in the area of the joint committees participating local authorities.

Health Services located within Bath & North East Somerset

E.g. Royal United Hospital (RUH), Bath.

Bath & North East Somerset Council will take the lead on any health overview & scrutiny activities based in its area and invite participation from neighbouring authorities that have an interest. Neighbouring authorities may provide a Member of their council for co-opted membership.

Health Services located elsewhere but used by Bath & North East Somerset residents

E.g. Bristol Royal Infirmary (BRI)

Bath & North East Somerset Council would expect that a `host' local authority would take the lead on a major issue within its area, given that they are likely to have the majority of residents affected by the service. In such cases, Bath& North East Somerset could seek to have representative from the health overview and scrutiny panel co-opted (on a reciprocal agreement, as above) to the host authorities own Health Overview & Scrutiny arrangements so that it may contribute and represent Bath & North East Somerset residents on the specific topic.

A Member of the Bath & North East Somerset Health and Social Services Overview and Scrutiny Panel would attend such joint meetings, as are relevant, and report back to the rest of the Panel at Bath & North East Somerset own Health Overview & Scrutiny meetings.

AVON PENSION FUND COMMITTEE

Functions and Duties

10.2 To discharge the responsibilities of Bath & North East Somerset Council in its role as lead authority for the Administration of the Avon Pensions Fund. These include determination of investment policy objectives; making arrangements for the management of the Fund's investments and monitoring investment performance; commissioning actuarial valuations in accordance with the provisions of the Local Government Pension Scheme Regulations, 1995; considering request from organisations wishing to join the Fund as admitted bodies; making representations to the Government as appropriate concerning any proposed changes to the Local Government Pension Scheme; and all aspects of pensions benefit administration.

Membership

5 Elected Members of Bath and North East Somerset Council to act as trustees of the Fund in the political proportion of; 2 Conservative Members, 2 Liberal Democrat Members and 1 Independent (with a Conservative Group nominee chairing the Committee)

2 Co-opted Independent Voting Members to act as trustees appointed following a competitive selection process

4 Unitary Authority Elected Member non-voting representatives appointed by the Councils of Bristol City, North Somerset, South Gloucestershire and Bath and North East Somerset

1 non-voting representative appointed by the Parish Councils in the former Avon area

1 non-voting representative appointed by the Higher and Further Education Institutions contributing to the Avon Pension Fund

4 non-voting representatives appointed by the Trade Unions representing employees contributing to the Avon Pension Fund

[An allowance to be paid to the independent voting members of the Avon Pension Fund Committee]

LICENSING COMMITTEE

Status of the Committee

The Licensing Committee shall be a statutory committee of the Council appointed to perform the discharge of the local authority's licensing functions, except the approval of the Licensing Policy and the setting up of a Licensing Committee.

Membership of the Committee

The Committee shall comprise 10 elected members of the authority in the political group proportion (5 Cons: 4 Lib Dem: 1 Labour), or such other proportion agreed by the Council from time to time.

The Solicitor to the Council shall be authorised by the Council to fill vacancies on this Committee in accordance with the nominations of the relevant political group which holds the nomination rights to the vacancy.

Chaired by a nominee of the Conservative Group

The Council's objectives on Licensing

In exercising its functions the Committee will have regard to the statutory licensing objectives of:

§ the prevention of crime;

§ public safety;

§ the prevention of public nuisance and

§ the protection of children from harm.

And an additional 3 objectives from the Gambling Act 2005:

§ preventing gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime

§ ensuring that gambling is conducted in a fair and open way, and

§ protecting children and other vulnerable persons from being harmed or exploited by gambling.

In addition, the Committee will have regard to (a) the Council's Licensing Statement, published under section 5 of the Licensing Act, 2003, and the Gambling Act "Statement of Principles" (b) any guidance issued from time to time from the Secretary of State, (c) Gambling Commission Codes of Practice and guidance and (d) the Council's Corporate Plan and improvement priorities insofar as these do not conflict with statutory requirements and which take precedence.

Powers and Duties of the Committee

How the Committee will operate, including Substitution and Delegated Powers

The Committee will meet in full to consider any matters on which it is asked or required to submit a recommendation to the Council.

Substitutions will be permitted at meetings of the full Licensing Committee from among other members of the Council, in accordance with non-Executive Committee Procedure Rule 11, as set out in the Constitution.

The Committee has appointed 2 Sub-Committees to act as hearing Panels as follows:

The Committee has delegated to those Sub-Committees the power to determine applications in the circumstances set out in the tables below.

Each Sub-Committee shall comprise 3 members in the political proportion: 2 Conservative 1 Liberal Democrat. (Chair - Gambling & Licensing - Conservative; Chair - Taxis etc - Liberal Democrat )

The membership of each Sub-Committee must be drawn from among the membership of the Licensing Committee. Substitutions at meetings of Sub-Committees will only be made from among the membership of the Licensing Committee. **The Committee has approved a scheme for substitution which permits any member of the Licensing Committee to substitute at Sub-Committee meetings in accordance with the wishes of the political group arranging the substitution.

The Committee has also delegated to Officers the power to act on its behalf in the circumstances set down in the tables below.

TABLE OF DELEGATIONS OF LICENSING FUNCTIONS

MATTER TO BE DEALT WITH

FULL
COMMITTEE

SUB COMMITTEE

OFFICERS

Approval of Policy and annual review

All cases

    

Application for Personal Licence

  

If a police objection is made

If no objection made

Application for Personal Licence, with unspent convictions

  

If a police objection is made

If no objection made

Application for Premises Licence/Club Premises Certificate

  

If a relevant representation is made

If no relevant representation is made

Application for Provisional Statement

  

If a relevant representation is made

If no relevant representation is made

Application to vary Premises Licence/Club Premises Certificate

  

If a relevant representation is made

If no relevant representation is made

Application to vary Designated Premises Supervisor

  

If a police objection is made

All other cases

Request to be removed as Designated Premises Supervisor

    

All cases

Application for transfer of Premises Licence

  

If a police objection is made

All other cases

Application for interim authorities

  

If a police objection is made

All other cases

Application to review Premises Licence/Club Premises Certificate

  

All cases

  

Decision on whether a complaint is irrelevant, frivolous, vexatious, etc.

    

All cases

Decision to object when local authority is a consultee and not

the relevant authority considering the application

 

All cases

  

Determination of a police objection to a Temporary Event Notices

  

All cases

  

Gambling Act 2005 - Table of Delegations of Licensing Functions

Matter to be dealt with

Full Council

Sub Committee

Officers

Three year licensing policy

X

    

Policy not to permit casinos

X

    

Fee Setting - when appropriate

    

X

(to be approved by Cabinet Member)

Application for premises licences

  

Where representations have been received and not withdrawn

Where no representations received/ representations have been withdrawn

Application for a variation to a licence

  

Where representations have been received and not withdrawn

Where no representations received/ representations have been withdrawn

Application for a transfer of a licence

  

Where representations have been received from the Commission

Where no representations received from the Commission

Application for a provisional statement

  

Where representations have been received and not withdrawn

Where no representations received/ representations have been withdrawn

Review of a premises licence

  

X

  

Application for club gaming /club machine permits

  

Where representations have been received and not withdrawn

Where no representations received/ representations have been withdrawn

Cancellation of club gaming/ club machine permits

  

X

  

Applications for other permits

    

X

Cancellation of licensed premises gaming machine permits

    

X

Consideration of temporary use notice

    

X

Decision to give a counter notice to a temporary use notice

  

X

  

Consideration of an Occasional Use Notice

    

X

Matter to be dealt with

Full Council

Sub Committee

Officers

Designation of 93authorised person94.

    

X

Exchange of information between various persons/bodies listed in the Act

    

X

Decision to initiate criminal proceedings.

    

X

Power to make Orders disapplying exempt gaming and the automatic entitlement to gaming machines in relation to specified premises.

    

X

Functions relating to the registration and regulation of small society lotteries.

    

X

REGULATORY (ACCESS) COMMITTEE

The Committee is granted delegated authority to exercise all the Council's powers and duties in respect of

(1) Modification Orders, Reclassification Orders and Public Path Orders

(2) Commons Registration (including Town and Village Greens)

*Note 1 - The Assistant Director, Planning & Transport Development (Deputy - the Network Manager) has been delegated general as well as specific responsibility in respect of these functions.

*Note 2 - The Committee's delegated authority is framed in such a way that it will be able, if appropriate, to deal with matters other than strict 93quasi-judicial94 functions relating to Public Rights of Way. This would, however, be within the overall policy framework set by the Council.

Membership:

5 members of the Council in the political proportion - 2 Conservative Members 2 Liberal Democrat Members; and 1 Independent Group Member.

Chaired by nominee of the Independent Group

CORPORATE AUDIT COMMITTEE

Powers and Duties

The Council has delegated to this Committee its powers and duties relating to the following matters:

The Council delegates to the Corporate Audit Committee the following responsibilities:

1. To approve on behalf of the Council its Annual Accounts, as prepared in accordance with the statutory requirements and guidance.

2. To approve the External Auditors' Audit Plan and to monitor its delivery and effectiveness during the year.

3. To approve the Internal Audit Plan within the budget agreed by the Council and to monitor its delivery and effectiveness (including the implementation of audit recommendations).

4. To consider, prior to signature by the Leader of the Council and Chief Executive, the Annual Governance Statement (including the list of significant issues for action in the ensuing year), as prepared in accordance with the statutory requirements and guidance; and to monitor progress on the significant issues and actions identified in the Statement.

5. To review periodically the Council's risk management arrangements, make recommendations and monitor progress on improvements.

6. To review periodically the Council's key financial governance procedures, i.e. Financial Regulations, Contract Standing Orders, Anti-Fraud & Corruption Policy and to recommend any necessary amendments.

7. To consider the annual Audit & Inspection Letter from the External Auditor and to monitor progress on accepted recommendations.

8. To monitor and promote good corporate governance within the Council and in its dealings with partner bodies and contractors, including review of the Council's Code of Corporate Governance and in any such other ways as the Committee may consider expedient (within the budget agreed by the Council).

9. To consider and make recommendations of any other matters relating to corporate governance which are properly referred to the Committee or which come to its attention.

10. To make an annual report to Council on the work [and findings] of the Committee, including (if necessary) any measures necessary to improve the effectiveness of the Committee.

In all of the above, the Committee will, as appropriate, wish to develop effective liaison with the following:

A. the Standards Committee of the Council with regard to matters of ethical governance;

B. the relevant Overview and Scrutiny Panel(s) - to complement but not to duplicate the exercise of their legitimate role in checking compliance with Council processes and policies and in reviewing policies and practice;

C. relevant Cabinet Members, in particular the Leader and the Cabinet Member for Resources, whose portfolios include executive functions related to the matters covered by these terms of reference

D. the Council when developing the Council's Code of Corporate Governance

Membership

The membership of the Committee shall be 6 Councillors in the political proportion of

Conservative 3; Liberal Democrat 3.

Frequency of Meetings

The Committee will hold 4 meetings each Council year in the months of June/July, September/October, December/January and March/April.  Additional meetings may be arranged to deal with the volume of business if required.

STANDARDS COMMITTEE

(a) Promoting and maintaining high standards of conduct by councillors co-opted members and church and parent governor representatives

(b) Assisting the councillors, co-opted members and church and parent governor representatives to observe the Members' Code of Conduct;

(c) To recommend to the Council one or more Codes of Conduct and Practice or protocols for members and/or employees of the Council;

(d) To monitor and from time to time review such Codes and Protocols and make recommendations to the Council;

(e) To make representations to the Government, Local Government Association and other external bodies on matters relating to the general principles of conduct for members and employees of the Council;

(f) To liaise with the District Auditor and the Local Government Ombudsman in connection with any matter within the committee's terms of reference;

(g) To provide advice and guidance to members, co-opted members and employees and to make arrangements for training in connection with any matter within the terms of reference of the Committee.

(h) To consider any reports from the Council's Monitoring Officer regarding illegality, unlawfulness or maladministration and any report of the Local Government Ombudsman.

(i) To oversee the effectiveness of the Council's constitutional arrangements from an ethical perspective including Standing Orders and the Terms of Reference of Committees and internal and external codes of conduct and make recommendations to the Council on any desirable or necessary changes concerning matters of accountability, transparency, good administration or the promotion of high standards of conduct in the administration of local government.

(j) To recommend to the Council a Code of Practice on relations between members and officers.

(k) To develop support mechanisms for councillors in all their roles, in conjunction with a member level steering panel.

(l) To oversee the democratic decision making process and make recommendations to the Council from time to time on any desirable or necessary changes.

(m) To consider the Council's procedures for investigating and responding to complaints and other procedures referred to it by the Monitoring Officer.

(n) To oversee the register of member interests.

(o) To approve a code of practice on planning issues.

(p) To undertake such other functions as the Secretary of State may by regulations refer to a local authority Standards Committee.

(q) To consider and determine the Council's response to any Internal or District audit regulatory recommendations referred to the Committee by the Monitoring Officer.

(r) To recommend to the Council from time to time as necessary the appointment of co-opted members to the Committee following open advertisement, short listing and interview.

(s) To exercise the functions at (a) to (g) above in relation to the Parish Councils wholly or mainly in the B&NES area and the members of those Parish Councils (see below)

(t) Granting dispensations to councillors, co-opted members and church and parent governor representatives from requirements relating to interests set out in the Members' Code of Conduct

(u) Dealing with any reports from a case tribunal or interim case tribunal, and any report from the monitoring office of any matters which is referred by an ethical standards officer, the Standards Board or a Case Tribunal to the monitoring officer.

(v) Determination, following complaint by a majority of members of an Overview and Scrutiny Panel, of whether or not a Member of the Cabinet, or the Chair of a Committee (including Overview and Scrutiny Panels) has acted without good cause or reason either in breach of any requirement of the Constitution or in breach of the Council's Local Code of Conduct for Councillors.

(w) To consider and determine any allegations of misconduct against Members of the Council

STANDARDS COMMITTEE ARRANGEMENTS FOR DEALING WITH PARISH ISSUES

The Standards Committee has the power to appoint a Sub Committee for the purposes of dealing with the business specified in clauses (a) to (g) of that Committee's terms of reference.

The Sub Committee may be established in the first instance for a one year period after which its continuation and working arrangements would be the subject of review.

The composition of the Sub-Committee shall be: 1 Bath & North East Somerset Councillor from the Standards Committee; 2 Parish/Town Councillor; and 1 Independent Member.

No individual should serve on the Sub-Committee for more than two terms in total.

There shall be 1 representative for the Parish and Town Councils on both the Committee and the Sub Committee with at least 2 named reserve representatives.

All the Parish and Town Councils in Bath & North East Somerset should be invited to make nominations and if a selection process needs to be undertaken the Parishes Liaison Meeting should be asked to recommend the preferred approach so as to establish Parish representation.

Membership of the Standards Committee

3 x elected members (and 3 x elected member substitutes) 1 (+1) from Conservative, Liberal Democrat and Labour groups

3 x independent members selected by an independent panel one of the independent members shall chair the Committee

2 x parish representative - see above.

Quorum

3 members, at least one of whom shall be an independent member, for ordinary business.

When considering parish matters, the quorum of 3 shall include the parish representative.

The quorum for considering individual cases shall be 5 members.

DEVELOPMENT CONTROL COMMITTEE

Functions

1. The Committee will exercise all the Council's powers and duties in respect of Development Control (subject to the scheme of delegation set out at the end of this document and the provisions of Section 7 below).

The Committee will act in accordance with the Local Plan and Local Development Framework elements of the Council's Policy Framework.

2. The Committee is granted delegated authority to establish Development Control working practices and protocols for operation on a District-wide basis by this and all other area-based committees.

In exercising the above powers and duties, the Committee may also:

a. establish such sub committees and working parties as are considered helpful in exercising the above functions.

b. delegate any of its functions to a sub committee and to delegate any of its non-policy making functions to Officers (see delegation scheme).

3. To monitor service delivery and service trends and to make recommendations.

4. To be a body of influence across its geographical area of responsibility and with the community in its area.

5. To engage in consultation with the community and specifically with other bodies which have an interest in the span of responsibility of this Committee.

6. To participate with others in joint initiatives on planning.

10.3 Limitation on delegation

7. The exercise of this delegated authority is subject to the Divisional Director, Planning & Transport Development, in consultation with the Committee Chair being authorised, in exceptional circumstances, to refer any decision or determination of the Development Control Committee which is clearly contrary to policy and against officer advice, to a subsequent meeting of the Development Control Committee. When such a decision or determination is referred, it shall be of no effect until the Committee has fully reconsidered the matter in the light of all the information originally before the Committee plus such additional information and advice as the Divisional Director, Planning & Transport Development considers necessary. Further to such reconsideration, the Committee shall be entitled to make such decision or determination as it sees fit

Frequency

Monthly

Membership

12 Members in the political proportion - 6 Conservative, 4 Liberal Democrat and 2 Labour Members, chaired by a Conservative Member.

The quorum for this Committee shall be 7 Members

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Scheme of Delegation - Planning & Related Applications & Enforcement

EMPLOYMENT COMMITTEE

To exercise all powers and duties of the Council under section 112 of the Local Government Act, 1972 relating to its role as an employer.

To recommend to the Council the appointment or dismissal of the Head of Paid Service, the Monitoring Officer and the Chief Financial Officer.

To determine appointments to or dismissal from the posts of Director and other JNC Officers reporting to the Chief Executive, subject to there being no objection to the appointment / dismissal being lodged by the Leader of the Council.

To hear staff appeals requiring Member level involvement, under accepted national or Council schemes of conditions of service.

To conduct investigatory hearings requiring Member level involvement under accepted national or Council schemes of conditions of service.

To determine on behalf of the Council its powers and duties as an employer relating to pensions.

The Committee's Span of Responsibility

All matters relating to the role of the Council as an employer.

All appeals or investigatory hearings requiring Member consideration including those relating to disciplinary, capability, grievance, and redundancy matters for all staff, including teachers.

Membership

The Committee when meeting to consider ordinary business, or as a hearing will comprise 3 Members in the political proportion 2 Conservative Members and 1 Liberal Democrat Member.

For appointments purposes, the Committee shall comprise 3 members, one of which shall be a Cabinet Member, where required under the Employment Procedure Rules. The remaining 2 Members shall be 1 Conservative and I Liberal Democrat.

BATH & NORTH EAST SOMERSET ADOPTION & PERMANENCE PANEL

1 Principles

Purpose

To ensure that the procedures for organising the Adoption and Permanence Panel are set out clearly with the aim of promoting it's efficiency and effectiveness in making high quality and appropriate recommendations.

This section applies to

The organisation and operation of the Bath and North East Somerset Adoption and Permanence Panel.

Law and Policy

For access to the Adoption and Children Act 2002 and the full set of regulations and guidance go to www.everychildmatters.gov.uk/adoption and follow the links.

Standards

The Adoption and Permanence Panel will operate according to the requirements of the Adoption National Minimum Standards and the Adoption and Children Act 2002 welfare checklist.

The welfare of children throughout their lives will be the paramount consideration in forming recommendations.

The Adoption and Permanence Panel will be properly constituted and Panel members will have suitable qualities and experience.

Panel members will be appropriately vetted and police checked through enhanced disclosures from the Criminal Records Bureau.

Panel members will be suitably inducted and trained and will have annual appraisals.

Good practice, consistency of approach and fairness will be promoted by Panel members in assessing cases.

The minutes of Panel meetings will be accurate and informative, and clearly summarise the Panel's discussion, reasons for conclusions reached and recommendations made.

Monitoring and Quality Assurance

The Panel will monitor the quality and effectiveness of its decision making by receiving reports (including disruption reports) on the outcomes of decisions taken up to the point of adoption orders being made.

The Panel will receive quarterly monitoring reports and other appropriate management information from the agency and will monitor the quality and effectiveness of the agency's policies and practice in respect of looked after children for whom permanence is the plan.

Any policy, practice or training concerns that arise at the Panel will be reported to the relevant Head of Service.

The Panel will provide an Annual Report reviewing its work over the year.

The Panel will promote the Council's Equal Opportunities Policy by:

Responsibility

Agency Decision Maker - Head of Children and Families Service

Manager of Adoption Service - Family Placement Team Manager

Agency Adviser - Family Placement Team Assistant Manager

2 Panel Responsibilities 

In relation to adoption cases, the Adoption and Permanence Panel will makes recommendations to the agency on:

2.1 Whether a child should be placed for adoption.

2.2 Whether a prospective adopter is suitable to adopt a child.

2.3 Whether a child should be placed for adoption with a particular prospective adopter.

2.4 The Panel may also provide advice to the agency on the following:

When recommending that a child be placed for adoption:

a. The arrangements which the agency proposed to make for allowing any person contact to the child.

b. Whether an application should be made for a placement order in respect of the child

c. The number of children they may be suitable to adopt, their age range, sex, likely needs and background.

When recommending whether a child should be placed for adoption with a particular prospective adopter

d. The agency's proposals for the provision of adoption support services for the adoptive family

e. The arrangements the agency proposes to make for allowing any person contact with the child

f. Whether the parental responsibility of any parent or guardian or the prospective adopter should be restricted and if so the extent of any such restrictions.

2.5 The Panel will consider six-monthly progress reports on all unmatched children recommended to be placed for adoption.

2.6 The Panel will review all approved prospective adopters every 2 years and any approved prospective adopters the agency no longer considers suitable.

In relation to long term fostering and other permanent placements, the Adoption and Permanence Panel will give advice to the agency on:

2.7 Whether a child under 12 year should be placed for long term (permanent) fostering;

2.8 Whether a child under 12 years should be placed with a particular carer under a residence order;

2.9 Whether a child under 12 years should be placed with a particular carer under a special guardianship order

2.10 Whether an approved foster carer is suitable to provide a permanent placement for a child under 12 years

2.11; Whether a child should be placed for long term fostering with a particular foster carer

2.12 Whether a person is suitable to provide care for a specific child under the age of 12 years under a Residence Order

2.13 Whether a person is suitable to provide care for a specific child under the age of 12 under a special guardianship order.

For all cases, in considering the recommendation to make or advice to give, the Panel must bear in mind that the welfare of the child is the paramount consideration and shall:

2.14 Take into account and give consideration to all reports and information passed to the Panel;

2.15 Request any further information that the Panel considers necessary;

2.16 Consider whether all other possible options have been explored and discounted;

2.17 Obtain legal and medical advice on each case presented to the Panel.

2.18 Invite applicants to be adoptive parents or other long term carers to attend the Panel which considers their application.

3 Panel Composition and Quoracy

3.1 The Adoption and Permanence Panel will consist of no more than 10 members and must, as far as possible, be gender balanced and reflect the composition of the community.

The membership will comprise:

3.2 The Panel will also have a Legal Adviser, an Agency Adviser and a note taker. See sections 5 - 9 for details of the roles of the panel Chair, members, and advisers. See section 11 for details of the role of the Panel Administrator.

3.3 In order to be quorate, at least 5 members of the Panel must be present, including the Chair or Vice- Cha