Part 3 - Responsibility for Functions

1. RESPONSIBILITY FOR LOCAL CHOICE FUNCTIONS (i.e. circumstances where the Council can choose how to allocate the functions.)

Function	Decision making body	Membership	Delegation of functions
1. Any function under a local Act other than a function specified or referred to in regulation 2 or Schedule 1.	Council	All Members	See Scheme of Delegation to Officers – see Part 8
2. The determination of an appeal against any decision made by or on behalf of the authority.	(a) The Homelessness Review Committee (b) The Personnel Committee	(a) All Members of the Committee (b) All Members of the Committee
3. The appointment of review boards under regulations under subsection (4) of section 34 (determination of claims and reviews) of the Social Security Act 1998.	Council	All Members	-
4. The conducting of best value reviews in accordance with the provisions of any order for the time being having effect under section 5 (best value reviews) of the Local Government Act 1999.	Council by way of Overview Committee	All Members
5. Any function relating to contaminated land.	The DC&EP Committee *	All Members of the Committee	-
6. The discharge of any function relating to the control of pollution or the management of air quality.	The DC&EP Committee *	All Members of the Committee	See Scheme of Delegation to Officers – see Part 8
7. The service of an abatement notice in respect of a statutory nuisance.	The DC&EP Committee *	All Members of the Committee	See Scheme of Delegation to Officers – see Part 8
8. The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority's area.	Council	All Members	-
9. The inspection of the authority's area to detect any statutory nuisance.	The DC&EP Committee *	All Members of the Committee	See Scheme of Delegation to Officers – see Part 8
10. The investigation of any complaint as to the existence of a statutory nuisance.	The DC&EP Committee *	All Members of the Committee	See Scheme of Delegation to Officers – see Part 8
11. The obtaining of information under section 330 of the Town and Country Planning Act 1990 as to interests in land.	The DC&EP Committee * (except powers reserved to the Cabinet)	All Members of the Committee	See Scheme of Delegation to Officers – see Part 8

* The DC&EP Committee = The Development Control and Environmental Protection Committee

12. The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976.	The DC&EP Committee * (except powers reserved to the Cabinet)	All Members of the Committee	See Scheme of Delegation to Officers – see Part 8
13. The making of agreements for the execution of highways works.	The DC&EP Committee *	All Members of the Committee	See Scheme of Delegation to Officers – see Part 8
14. The appointment of any individual (a) to any office other than an office in which he is employed by the authority; (b) to any body other than (i) the authority; (ii) a joint Committee of two or more authorities; or (c) to any Committee or Sub-Committee of such a body, and the revocation of any such appointment.	Council	All Members	-
15. The making or varying of fares and other charges of Hackney Carriages (including the power to consider objections) as contained in Section 65 of the Local Government (Miscellaneous Provisions) Act 1976.	The Licensing & Safety Committee	All Members of the Committee	-

* The DC&EP Committee = The Development Control and Environmental Protection Committee

2. RESPONSIBILITY FOR COUNCIL FUNCTIONS

Committee	Membership	Functions	Delegation of functions
Development Control and Environmental Protection	Up to 15 Members of the authority, 1 of whom should be a Member of the Cabinet	Subject to the limitations set out in (a) (b) and (c) below, to deal with all those functions conferred on the Council in relation to town and country planning; development control; highways and environmental protection as contained in the following schedules of the Local Government (Functions and Responsibilities) (England) Regulations 2000 and any amendments thereto.	See Scheme of Delegation to Officers – see Part 8
		Schedule 1 – Part A – 1-27 Schedule 1 – Part B – 47-55 Schedule 1 – Part I – 1-34 (save to the extent that such functions are exercisable by the County Council) and 46 and 47 Schedule 2 – 10-12; 14, 15 and 18 Schedule 2 – 16 and 17 (except the powers reserved to the Cabinet)

		(a) to refer to the Planning Committee any proposed refusal of deemed planning permission or the reference back to the Cabinet of a decision to seek planning permission;
		(b) to refer to the Planning Committee for determination and with reasons any application for planning permission where the Committee is minded to approve the application contrary to the officer's recommendation and where, if approved, the application would be a significant departure from the policies of the development plan.
		(c) to refer to the Planning Committee for determination any controversial application which has failed to be determined by this Committee.
		(d) the relevant local choice functions set out in Section 1 above
Planning Committee	Up to 21 Members of the authority none of whom shall be a member of Development Control and Environmental Protection Committee except the Chairman and Vice-Chairman of that Committee.	The determination on behalf of the Council of any proposed refusal of deemed planning permission or the reference back to the cabinet of a decision to seek planning permission. The determination on behalf of the Council, of any planning application which if approved would constitute a significant departure from the Development Plan. The determination on behalf of the Council of any controversial application which has failed to be determined after consideration by the Development Control and Environmental Protection Committee.	See Scheme of Delegation to Officers – see Part 8
		Definition of Significant Departure A significant departure is any application which if approved might significantly prejudice the implementation of the

		Development Plan's policies and proposals by reason of its scale or nature or location of the site and may include applications of major importance having more than local significance; applications
		significantly affecting an Area of Outstanding Natural Beauty, sites of Special Scientific Interest and conservation areas, Grade I and II* listed buildings and scheduled monuments; applications for which an environmental impact assessment is required; applications involving the loss of private or publicly owned open space or playing fields; and, applications which through their cumulative impact with existing or proposed development may have a significant impact on the development plan.
Licensing and Safety	10 to 15 members of the authority	To deal with all those functions conferred on the Council in relation to licensing, registration and health & safety as contained in the following Schedules of the Local Government (Functions and Responsibilities) (England) Regulations 2000 and any amendments thereto. Schedule 1 – Part B – 1-46 and 56-70 Schedule 1 – Part C – the whole Schedule 1 – Part I – 42	See Scheme of Delegation to Officers – see Part 8
		To deal with the relevant local choice functions set out in Section 1 above.
Standards Committee	4 Members of the authority including at least 1 Member from each of the political groups of the authority (no more than 1 Cabinet Member and NOT the Mayor or Leader), 3 independent Members and 3 Parish Council representatives	The promotion and maintenance of high standards of conduct within the Council To advise the Council on the adoption or revision of its Codes of Conduct To monitor and advise the Council about the operation of its Codes of Conduct in the light of best practice, changes in the law, guidance from the Standards Board and recommendations of case tribunals under section 80 of the Local Government Act	See Standards Committee Procedure Rules – Part 4 – No. 10 – Complaints against members and Scheme of Delegation to Officers – Part 8

		Assistance to Members and co-opted Members of the authority To ensure that all Members of the Council have access to training in all aspects of the Member Codes of Conduct, that this training is actively promoted, and that Members are aware of the standards expected from local Councillors under the Codes
		Other functions To support the Monitoring Officer in discharging his/her role in respect of standards of conduct and behaviour
		To approve, and keep under review, "Whistle blowing" procedures in accordance with the Public Interest Disclosure Act 1998
		To advise individual Members who might wish to refer issues such as the treatment of personal interests and conduct to the Committee
		To agree the general principle for dispensation to allow Members to speak on, or participate in, matters in which they have an interest
		To review and recommend to the Council any changes to the Constitution
		To review the adequacy of policies and practices to ensure compliance with statutory and other guidance.
		Overview of complaints handling and Ombudsman investigations
		The exercise of the relevant parts of the above in relation to the Parish Councils wholly or mainly in its area and the Members of those Parish Councils.
Audit Committee	Up to 5 members of the Authority, including no more than one member of the Cabinet.	Ensuring that the Council follows best audit practice in all its procedures. Considering the internal Audit Annual Report and Opinion, and the programme of planned internal audit work considering on an annual basis. To consider summaries of specific internal Audit Reports as requested.	See Audit Committee Procedure Rules and Scheme of Delegation to Officers – Part 8

		Considering reports from internal audit on agree recommendations which have not been implemented or which have not been implemented within a reasonable time-scale.
		Considering the external auditors' annual letter, relevant report and any specific reports as agreed with the external auditor.
		Considering the external auditor's annual letter, relevant report and any specific reports as agreed with the external auditor.
		To liaise with the Audit Commission over the appointment of the Council's external auditor.
		Considering the statement of Internal Control, the Corporate Governance Statement and reviewing the operation of the local Code of Corporate Governance.
		To liaise with the Audit Commission over the appointment of the Council's external auditor.
		Considering the statement of Internal Control, the Corporate Governance Statement and reviewing the operation of the local Code of Corporate Governance.
		Commissioning work from the internal or external auditor on specific topics which can include seeking to establish whether the Council is complying with its own and other published standards and controls.
		Making recommendations to the Standards Committee on any changes required to the Constitution, in particular (but not limited to) in the contract procedure rules, the financial regulations, the 'Whistleblowing' policy, or the anti-fraud and corruption strategy in order to comply with Best Audit Policy.
		To review whether the Council has followed its own procedures and/or whether any procedures require amendment at the request of the Head of Paid Service, the Section 151 Officer, the Monitoring Officer, the Council Cabinet or any Committee of the Council.
		Monitoring the effective development and operation of Risk Management within the Council.
		To review the Annual Statement of Accounts. Specifically, to 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.
		To consider the external auditors' report arising from the audit of the accounts

Personnel Committee		Up to 8 Members of the authority together with in a non-voting capacity the following number of employee representatives: 3 UNISON; 1 GMB; and 2 Non-Union		To decide appeals against dismissal and grievances by employees of the Council. To make any revisions to Conditions of Service following consultations with the Trade Unions. To appoint Heads of Service
				To make policies and procedures in relation to personnel matters, following appropriate consultation with the Trade Unions.
				To make recommendations to the Council in respect of applications for early retirement, except those on grounds of ill health.
				To consider and agree any local changes to the Local Government Superannuation Scheme.
				To make recommendations to the Council in respect of any matters affecting the employment of Council staff.
Homelessness Review Committee		Up to 8 Members of the authority but only 3 to consider the determination of any one case.		To deal with all those functions conferred on the Council in relation to the review of homelessness determinations made under Section 184 of the Housing Act 1996 (Part VII) as amended by the Homelessness Act 2002. In particular: Was the S184 decision made by the Housing Options Advisor correct? If an allocation of accommodation has been made, is that accommodation suitable or not for the household's needs. The Committee will review the officer's decision(s) in accordance with the Housing Allocations Policy and may either confirm, amend or overturn it.
Joint Health & Safety Consultative Committee	Up to 7 Members of the authority (one of whom should be a Member of the Cabinet) and		To give consideration to all matters of the health and safety of the Council's employees and to monitor the Council's policies on health and safety
	4 deputies together with 7 Members nominated by the employees' side as follows:		To make recommendations to the Personnel Committee on employment and health and safety matters

		To deal with any relevant matter
	Union No. Unison 3 GMB 1	referred to the Committee by the Cabinet or any of the employee associations
	T&GWU 1 UCATT 1 AEEU 1 plus 5 deputies
The Cabinet	The whole Cabinet	To deal with all those functions conferred on the Council under section 106,110, 111 and 113 of the Local Government and Public Involvement in Health Act relating to Local Area Agreements.

3. RESPONSIBILITY FOR EXECUTIVE FUNCTIONS

Who is responsible	Membership	Functions	Onward limits on delegations
The Cabinet	The whole Cabinet	All executive functions	Certain functions delegated to officers – see Delegation Scheme to Officers – see Part 8 Function relating to Disabled facilities grants – see below.
Portfolio Holder for Disabled Facilities Grants	Councillor Price	To deal with all matters relating to Disabled Facilities Grants in consultation with relevant officers