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Part 8 - Scheme of Delegation to Officers and Proper Officer Provisions

DELEGATIONS

Definitions

Preamble

Delegation of Cabinet Functions (Expedited Procedure)

Delegation to Officers in respect of Regulatory or other non-Cabinet Functions (Expedited Procedure)

General

Delegations to Council Manager

Administrative

Building Control

Culture, Leisure, Recreation & Sport

Engineering Services

Environmental Health

Financial

Housing and Community

Legal

Licensing

Markets

Planning

Property

PROPER OFFICERS

Proper Officers

 

DEFINITIONS

"Chief Officers" means the Council Manager or Assistant Council Managers.

"The Council" includes any committee or officer of the Council acting within delegated powers and acting as agent for another body or person

"Council Policies" within the Section referred to under "Planning" includes any development plan or informal plan or development brief, code of guidance or brochure on good design.

"The establishment" means the staff establishment of the Council for which funds have been provided in the estimates.

"The estimates" means the revenue estimates approved by the Council.

"Extension" includes alterations, and in respect of a dwellinghouse any development within the curtilage.

"Facilities" mean facilities under the control of the Council Manager.

"Function" includes any power or duty

"Income of the Council" includes community charges, council tax, rates, penalties under community charge and council tax legislation and contractual and other payments due to the Council

"Legislation" and "statute" includes subordinate legislation and "legislative" and "statutory" shall be construed accordingly.

"Proceedings" includes any tribunal, inquiry, arbitration or other legal or quasi legal proceedings.

"Staff" means all employees of the Council.

THE AUTHORITIES TO ACT MARKED WITH AN ASTERISK [*] HAVE BEEN DELEGATED TO OFFICERS BY THE COUNCIL AND ARE, THEREFORE, COUNCIL FUNCTIONS.

THOSE WITHOUT HAVE BEEN DELEGATED TO OFFICERS BY THE CABINET AND ARE EXECUTIVE FUNCTIONS.

PREAMBLE

1. The delegations in this Scheme are subject to any limitations imposed by law, the budget and the Council's Constitution, including the Procedure Rules and Standing Orders referred to therein.

2. Any conditions expressed to be imposed upon the exercise of the delegated power shall be deemed to be directory only and not suspensive.

3. The inclusion of examples in the Scheme does not limit the generality of the wording to which the example relates.

4. The reference to a legislative provision extends to any amendment or re-enactment or consolidation of that provision.

5. In the exercise of any statutory function any words or phrases in the appropriate part of the Scheme which are defined in the relevant legislation shall bear the same definition as in that legislation.

6. Grant of a delegated power does not imply any budget provision for the exercise of that power or the consequences of such exercise.

7. The supply of any material, service, or facility may be subject to such charge as the Council may determine or, in the absence of such determination, as the relevant chief officer thinks fit.

8. In the scheme of delegation the post title referred to is the least senior member of staff who may exercise that delegated power. Every post holder more senior in the service structure including the Assistant Council Managers and Council Manager shall also enjoy the same power.

9. The Council Manager and Assistant Council Managers may withdraw a delegated power from a post holder for such period of time as he/she considers appropriate.

10. As part of this Scheme, the Council Manager is authorised to change the designations of an officer as and when appropriate without reference to the Council.

11. The Interpretation Act 1978 shall apply to this scheme.

DELEGATION OF CABINET FUNCTIONS

(1) Subject to (2), (3) and (4) below, there is delegated to the relevant chief officer or head of service, as appropriate, the power to deal with any function of the Cabinet in respect of which he has signed a certificate that the following procedure has been followed:-

(a) he has consulted by writing to the Leader of the Council and the relevant Portfolio Holder, with a copy to the Monitoring Officer, Chairman of the Scrutiny Committee and Local Ward Member(s) setting out the details of the matter and the course of action he proposes to take in the form of a report setting out options and giving reasons for making the decision and

(b) no consultee under (a) nor the Monitoring Officer has replied within 5 days of the date of the Officer's letter to ask that the matter be referred to the Cabinet and

(c) the Chairman of the Scrutiny Committee has not replied within 5 days of the date of the Officer's letter to ask that the decision be referred to the Scrutiny Committee

and the chief officer or head of service has sent a copy of the certificate to the Council Manager in order that it can be placed on file for inspection as and when required for a period of six years after the decision is taken.

(2) The chief officer or head of service shall only have the above power to act in any matter if it is in accordance with the course of action he proposed in his letter to the members referred to in (a) above.

(3) THIS DELEGATION DOES NOT APPLY TO ANY MATTERS WHICH FORM THE POLICY AND BUDGET FRAMEWORK NOR TO ANY "KEY DECISIONS" AS DEFINED IN THE CONSTITUTION NOR TO ANY FUNCTIONS WHICH ARE NOT THE RESPONSIBILITY OF THE CABINET.

(4) This procedure is without prejudice to any other delegated powers that the chief officer or head of service may now have or may be conferred upon him in the future by the Council or the Cabinet.

 

DELEGATION TO OFFICERS IN RESPECT OF REGULATORY OR OTHER
NON-CABINET FUNCTIONS

(1) Subject to paragraphs (2) and (3) hereof there is delegated to the relevant chief officer or head of service the power to deal with any matter in respect of which he has signed a certificate that the following procedure has been followed:-

(a) he has written to all members nominated by group leaders to be spokespersons for the relevant groups on the committee within whose terms of reference the matter falls, setting out the details of the matter and the course of action proposed to be taken and

(b) no spokesperson for that committee has replied within 5 days of the date of the letter referred to in (a) above to ask that the matter be referred to the relevant committee.

and the relevant officer has sent a copy of the certificate to the Council Manager.

(2) This power extends only to matters in respect of which the committees concerned have delegated powers.

(3) The chief officer or head of service shall only have power under paragraph (1) to act in any matter in accordance with the course he proposed in the letter to the spokespersons.

(4) This procedure is without prejudice to any other delegated powers that the chief officers or heads of service may now have or may be conferred upon them in the future by the Council or any committee or sub-committee.

GENERAL

 

FUNCTION

AUTHORISED OFFICERS

     

1. *

In consultation with the Principal Personnel Officer, to appoint staff within the establishment (below the level of the Manager of the Service); to engage temporary staff as and when required within the estimates; to authorise overtime working for staff on salary spinal point 29 or below, within the estimates; and in consultation with the Council Manager, to authorise planned overtime for staff above the overtime limit.

  • Relevant service manager
     

2.

To enter into contracts for the purchase and supply of goods and services.

  • Relevant service manager
     

3.

So far as the matter relates to a function for which the relevant chief officer is responsible to the Council –

(a) * to authorise any member of staff to serve notices under S.16 of the Local Government (Miscellaneous Provisions) Act 1976 and Section 330 of the Town & Country Planning Act 1990.

(b) to authorise any member of staff to exercise any power of the Council relating to entry on land for the purposes of inspection; enforcement; surveying; testing and sampling as provided in the relevant legislation.

(c) * to authorise any member of staff to enter onto land in accordance with Section 196A of the Town & Country Planning Act 1990.

  • Relevant service manager
     

4.

To hire plant from contractors and engage specialist sub-contractors.

  • Relevant service manager
     

5.

To sell surplus materials, vehicles, plant, equipment and goods, salvage scrap, and other waste.

  • Relevant service manager
     

6.

In consultation with the Assistant Council Manager/Monitoring Officer, to authorise any member of his/her staff to swear affidavits as to matters within their knowledge in any Court proceedings involving the Council.

  • Relevant service manager
     

7.

Under the Emergency Plan, to incur urgent expenditure in respect of any disaster within or adjoining the Borough until a meeting of the Cabinet can be called, and to designate officers to carry out emergency functions.

  • Council Manager & Assistant Council Managers
  • Head of Finance
     

8.

To give directions for hearing in cases involving referrals from other Authorities.

  • Monitoring Officer

 

 

DELEGATIONS TO THE COUNCIL MANAGER

Staffing Matters

1. * The approval of individual salary gradings within the job evaluation grading structure.

2. * The approval of car loans and financial allowances to staff including the schemes for travelling, subsistence, relocation expenses, telephone and car allowances including variations to local terms to reflect variation in national agreed schemes or in line with inflation.

3. * The granting of long service awards; the award of increments within salary grades and of honoraria in accordance with the criteria of the relevant conditions of service.

4. * The exercise of disciplinary powers over staff, including power to immediately suspend, and to dismiss.

(Note: Other disciplinary action can be taken by designated officers in accordance with the Council's agreed Disciplinary Procedure.)

5. * On the recommendation from the Council's Medical Officer of Health following an examination of the individual, to authorise the retirement of staff on the grounds of permanent ill health.

6. * In consultation with Group Leaders and Unions, to make minor amendments for operational efficiency to the structure within services.

Corporate and Miscellaneous

1. To represent the authority at any conference meeting or inquiry to which the authority is invited unless the Council has indicated otherwise and to exercise any voting rights conferred by corporate membership of any body.

2. * To appoint substitute Proper Officers as required so that in the case of an emergency the powers conferred on the Proper Officer can be exercised.

Complaints Procedure

1. * To pay full compensation for loss where the Council is likely to be legally liable to pay compensation if sued (paid where possible by insurers).

2. * To pay any proved out of pocket expenses of complainants where a complaint is upheld.

3. * To make a compensatory payment of up to £500, or higher if sanctioned by the Standards Committee.

ADMINISTRATIVE

 

FUNCTION

AUTHORISED OFFICERS

     

1.

In consultation with the Head of Finance, to authorise disbursements from the Mayor's No. 2 Account.

  • Assistant Council Manager/Monitoring Officer
     

2. *

To amend from time to time the scale of fees, costs and charges and expenses to be allowed to the returning officer for Borough and Parish Council elections in accordance with inflation.

  • Assistant Council Manager/Monitoring Officer
     

3. *

To receive the nomination of the relevant Group Leader to fill vacancies arising on any body to which the political balance rules apply.

  • Assistant Council Manager/Monitoring Officer
     

4. *

To select 3 members to compose the Assessment Sub-Committee; 3 members to compose the review Sub-Committee; and 3 members to compose the Hearings Sub-Committee.

Note: Each Sub-Committee must include an Independent Member of the Standards Committee and where the complaint relates to a parish councillor, each sub-Committee must include a Parish Councillor member of the Standards Committee".

  • Assistant Council Manager/Monitoring Officer

 

BUILDING CONTROL

All references to "The Regulations" under this section means The Building Regulations made under Section 1 of The Building Act 1984.

 

FUNCTION

AUTHORISED OFFICERS

     

1. *

To carry out the relevant functions of the Council under the Building Act 1984 in relation to building and buildings.

  • Building Control Assistants
     

2. *

To accept or refuse initial notices under the Building Regulations.

  • Senior Building Control Officers
     

3. *

To carry out all functions under the Building Regulations other than the acceptance or refusal of initial notices.

  • Building Control Assistants
     

4.

To act as appointing officer for the determination of matters under the Party Walls Act 1996.

  • Building Control Manager
     

5. *

To take appropriate emergency action in respect of dangerous structures under the Building Act 1984 and the Local Government (Miscellaneous Provisions) Act 1976.

  • Building Control Officers

 

CULTURE, LEISURE, RECREATION AND SPORT

 

FUNCTION

AUTHORISED OFFICERS

     

1.

To grant licences for the use of recreational open space in accordance with Council policy (if any) and statutory requirements.

  • Leisure & Community Development Manager
     

2.

To grant the use of the Quarry Swimming Centre for special events.

  • Leisure & Community Development Manager
     

3.

To authorise free use of facilities to persons entertaining parties from towns twinned with Shrewsbury or from HMS Talent.

  • Leisure & Community Development Manager
  • Cultural Services Manager
  • Museums Operational Manager
   

 

 

4.

To agree concessionary rates for the use of facilities for parties of students, overnight visitors and other tourists.

  • Leisure & Community Development Manager
  • Cultural Services Manager
  • Museums Operations Manager
  • General Manager (Music Hall)
     

5.

To close or change the opening hours of facilities during the Christmas / New Year period or in the event of adverse weather and, in consultation with the relevant Portfolio Holder, for any other relevant reason.

  • Leisure & Community Development Manager
  • Cultural Services Manager
  • Museums Operations Manager
  • General Manager (Music Hall)
     

6.

To organise sporting, recreational, cultural events and entertainments in accordance with financial regulations and standing orders.

  • Leisure & Community Development Manager
  • Cultural Services Manager
  • Museums Operations Manager
  • Arts Officer
  • General Manager (Music Hall)
     

7.

To exercise control and management of the facilities, including control of access, security, sale of unclaimed lost property, lettings, hire of facilities, negotiation of charges not otherwise fixed by the Council.

  • Leisure & Community Development Manager
  • Cultural Services Manager
  • Museums Operations Manager
  • House Manager (Music Hall)
     

8.

To exercise control and management of access and security in respect of the Music Hall and the Old Market Hall.

  • Assistant House Manager
    (Music Hall)
     

9.

To display a temporary poster board on the railings at the approach to the Castle in order to advertise various events taking place thereat.

  • Museums Operations Manager
     

10.

To exercise control over the use of the Square including lettings and hiring, and the negotiation of charges not otherwise fixed by the Council.

  • Square/Events Administrator,
    Cultural Services Manager
   

ENGINEERING SERVICES

 

FUNCTION

AUTHORISED OFFICERS

     

1.

To erect or authorise street furniture, including barriers, bus stops, signs, etc.

  • Technical Support Officer
  • Project Technician
  • Transport Technician
     

2.

To requisition off site services in respect of any construction contract for which he acts as Engineer or Contract Administrator.

  • Engineering & Works Officer
  • Project Engineer
     

3.

To place quantity surveying, civil engineering and other similar specialist work with outside agencies within the appropriate fee scale and the Council's relevant estimates.

  • Engineering & Works Officer
  • Project Engineer
     

4.

In consultation with the Property Services Manager, to grant or refuse wayleaves and easements to utilities over, on or under the Council's land.

  • Technical Support Officer
  • Project Technician
     

5.

To administer the transport issues in relation to the bus stations provided by the Council.

  • Transport Technician
  • Project Technician
     

6.

To exercise the powers under the Public Health Acts with regard to the adoption of footway lighting.

  • Technical Support Officer
     

7.

To make applications for all statutory consents necessitated by the Council's engineering works.

  • Technical Support Officer
  • Project Technician
     

8.

To issue Statutory Notices to obtain details of the drivers of vehicles.

  • Parking & Transportation Officer
     

9.

To appoint the Principal Contractor for the purposes of the Construction (Design and Management) Regulations.

  • Engineering & Works Officer
  • Project Engineer
     

10.

To vary the layout or opening hours of any car park operated by the Council.

  • Parking & Transportation Officer
     

11.

To exercise the following statutory powers:

 
       
 

(a) Land Drainage Act 1991Section 25

i) To require proper flow of a watercourse to be reinstated.

  • Technical Support Officer
  • Project Technician
       
   

ii) In cases of emergency to clear blocked and defective watercourses.

  • Technical Support Officer
  • Project Technician
       

 

 

(b) Public Health Act 1936 - Section 262, and Section 264

To require a developer to cover over or culvert any ditch or watercourse running through or adjoining land to be developed.

  • Technical Support Officer
  • Project Technician
       
 

(c) Refuse Disposal (Amenity) Act 1978 Sections 3, 4 & 5

To issue Notices under these Sections.

  • Technical Support Assistant
       
 

(d) Road Traffic Regulations Act 1984 Sections 99, 100, 101 and 102

To issue Notices under these Sections.

  • Technical Support Assistant
       
 

(e) Public Health Act 1875 - Section 161

To enter into agreements with developers for periods of ten years to secure the implementation and future maintenance of parking court lighting columns on residential developments and for the Council to maintain the columns thereafter.

  • Technical Support Officer
     

12.

To issue the appropriate Highway Licences for public information pillars in respect of sites that have the relevant advertisement consent and are on the public highway.

  • Planning Services Manager

ENVIRONMENTAL HEALTH

 

FUNCTION

AUTHORISED OFFICERS

     
 

To take any necessary action within the competence of the Council and/or the executive under Environmental Health legislation.

  • Environmental Health Officers;
   

and Health and

 

Environmental Health legislation shall include (inter alia) Building Act of 1984, Clean Air Act 1993, Control of Pollution Act 1974, Criminal Justice and Public Order Act 1994, Environment Act 1995, Environmental Protection Act 1990, European Communities Act 1972, Food and Environmental Protection Act 1985, Food Safety Act 1990, Health and Safety at Work etc Act 1974, Housing Act 1985, Housing Grants, Construction and Regeneration Act 1996, Local Government and Housing Act 1989, Local Government (Miscellaneous Provisions) Act 1976, Local Government (Miscellaneous Provisions) Act 1982, National Assistance Act 1948, Noise Act 1996, Noise and Statutory Nuisance Act 1993, Pollution Prevention and Control Act 1999, Prevention of Damage by Pests Act 1949, Public Health Act 1936, Public Health Act 1961, Public Health (Control of Disease) Act 1984, Water Industry Act 1991 together with any amendments thereto and any secondary legislation and guidance issued thereunder.

Safety Officer – in

respect only of

legislation relating

to Health and

Safety at Work.

     
 

Any action necessary shall include (inter alia) commencement of legal proeceedings, issuing of formal cautions, service of notices, exercise of powers of entry, issue and revocation of licences, consents and authorisations (with or without conditions), seizure of goods or food, recovery of costs or charges (including waiver under £10) and removal of persons in need of care and attention.

 
     
 

These authorisations do not include powers specifically reserved to members or granted to other officers.

 
     

*

Within the above delegations, the following are non-executive functions which have been delegated by the Council: -

 
   

232

1.

Power to register and licence premises for the preparation of food - Section 19 of the Food Safety Act 1990.

 
     

2.

Power to grant consent for the operation of a loudspeaker - Schedule 2 of the Noise and Statutory Nuisance Act 1993.

 
     

3.

Power to approve meat product premises - Regulations 4 & 5 of the Meat Products (Hygiene) Regulations 1994.

 
     

4.

Power to approve premises for the production of minced meat or meat preparations - Regulation 4 of the Mince Meat & Meat Preparations (Hygiene) Regulations 1995.

 
     

5.

Power to approve dairy establishments - Regulations 6 & 7 of the Dairy Products (Hygiene) Regulations 1995.

 
     

6.

Power to approve egg product establishments - Regulation 5 of the Egg Products Regulations 1993.

 
     

7.

Power to issue licences to retail butchers' shops carrying out commercial operations - Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995.

 
     

8.

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

 
     

9.

Functions relating to health and safety at work (otherwise than in the authority's capacity as an employer) - Part 1 of the Health & Safety at Work etc Act 1974.

 
     

10.

To authorise officers to act in matters arising under the General Food Regulations 2004, Food Hygiene (England) Regulations 2005, including Regulation (EC) No. 853/2004, Regulation (EC) No. 853/2004 and Regulation (EC) No. 854/2004 of the European Parliament and The Food Hygiene (England) (No. 2) Regulations 2005.

All officers authorised by a Chief Officer

     

11.

To authorise officers to act in matters arising under the Housing Act 2004, the Clean Neighbourhoods and Environment Act 2005 and the Environmental Offences (Fixed Penalties)(Miscellaneous Provisions) Regulations 2006

All officers authorised by a Chief Officer

FINANCIAL

 

FUNCTION

AUTHORISED OFFICERS

     
     

1.

To operate the Council's banking arrangements.

  • Head of Finance
     

2.

To pay salaries and allowances.

  • Payroll Assistant
     

3.

To exercise (so far as may be lawful) the powers of the Council to borrow and invest; and to lend and to determine rates of interest and terms of repayment on such loans as may be required or prudent from time to time.

  • Head of Finance
     

4.

To pay all sums properly authorised as due.

  • Chief Accountant
     

5.

To collect all income due to the Council, including appropriate interest and costs.

  • Revenues Manager
     

6.

To disburse sums properly payable from the Collection Fund

  • Chief Accountant
   

233

7.

To request the Valuation Officer to revise valuation lists by e.g. the inclusion of newly completed properties, and appeals against valuations of Council property.

  • Local Taxation Officers

8.

To determine rates of interest in respect of any sums due where such interest is properly chargeable

  • Senior Financial Assistant
     

9.

To write off debts of up to £1,000 where the sum is considered irrecoverable

  • Revenues Manager
     

10.

To determine all claims for Council Tax and Housing Benefits (including the exercise of all discretions conferred upon the Council by the relevant schemes)

  • Benefit Assessors
     

11.

To determine applications for mandatory rate relief.

  • Senior Revenue Officers
     

12.

To deal with all insurances of the Council including the areas and extent of cover, the negotiation and acceptance of conditions of cover, and settlement of claims against the insurer.

  • Financial Assistant
     

13.

To administer, in consultation with the relevant Portfolio Holder, the scheme for Grant Aid to facilitate capital and revenue lottery applications.

  • Leisure & Community Development Manager

HOUSING AND COMMUNITY

 

FUNCTION

AUTHORISED OFFICERS

     

1.

The management of the waiting list and the allocation of houses (whether by secure tenancy, by nominations to the house of another body, by licence, or otherwise) –

(a) in accordance with the points system where applicable and any Council policy; or

(b) to Council employees specified by the Council Manager to be key workers, or in cases of medical urgency or to occupants of unfit houses; or

(c) in respect of property rejected by all qualified applicants, to an applicant who has not completed the six months period on the waiting list but who is on the waiting list and otherwise qualified.

(d) in respect of adapted properties to disabled persons out of point/date order.

  • Housing Management Officer
     

2.

To take all appropriate steps within the budget allocation to secure the improvement of residential buildings (including the administration of Statutory Grants Schemes).

  • Housing Management Officer
     

3.

To provide physical and financial assistance to those rendered homeless by fire, flood or other calamity.

  • Assistant Council Manager/Monitoring Officer
     

4.

To carry out the functions of the Council in respect of homeless persons and those threatened with homelessness, and to exercise any discretion in respect of cases under the Rent (Agriculture) Act 1976.

 

  • Assistant Council Manager/Monitoring Officer

 

 

5.

To approve, in consultation with the Head of Finance, schemes for new social housing, including the approval of Local Authority Social Housing Grant in accordance with Housing Corporation Regulations, Guidelines and Grant Limits.

  • Assistant Council Manager/Monitoring Officer)
     

6.

To manage service contracts with Severnside Housing.

  • Housing Management Officer
     

7.

To administer the scheme for Grant Aid to voluntary organisations.

  • Leisure & Community Development Manager
     

8.

In consultation with the Senior Solicitor, to take all necessary action required to produce and enforce Anti-Social Behaviour Orders in accordance with the Crime and Disorder Act 1998.

  • Assistant Council Manager/Town Clerk
     

9.

To exercise the following powers of the Anti Social Behaviour Act 2003:

  1. Part 1 – section 1 – To approve Police applications for a closure notice.

  2. Part 1 – section 8 – To serve notice to recover costs.

  3. Part 4 – section 31 – To approve Police applications for a Dispersal Order.

  4. Part 9 – section 85 – To initiate proceedings for prosecution of Anti Social Behaviour Orders.

 

 

  • Assistant Council Manager/Town Clerk

10.

In consultation with the Asset Manager, to let and manage residential properties and community centres in the Council's ownership.

  • Assistant Council Manager/Monitoring Officer)

LEGAL

 

FUNCTION

AUTHORISED OFFICERS

     

1.

To take and defend proceedings in any court or tribunal as solicitor to the Council.

  • Senior Solicitor
     

2.

To take all appropriate steps to secure the Council's legal position in cases of urgency with regard to its assets or in aid of its statutory functions.

  • Senior Solicitor
     

3.

To issue notices and conclude agreements necessary to protect the Council's assets or in aid of its statutory functions.

  • Senior Solicitor
     

4.

To conduct commercial rent reviews.

  • Senior Solicitor
     

5.

To sell electricity sub-station sites to the relevant electricity undertaker.

  • Senior Solicitor
     

6.

To authorise a member of the Council's staff to appear on behalf of the authority before the Magistrates' Court.

  • Council Manager
     

7.

In the absence of the Council Manager, to exercise any functions delegated to the Council Manager.

  • Assistant Council Manager/Monitoring Officer
     

8.

To act in the role of "Town Clerk" to support civic functions

  • Assistant Council Manager/Town Clerk
     

9.

To deal with claims for home loss or disturbance payments.

  • Senior Solicitor

 

 

10.

To act as, or nominate a member of his department to act as, Data Protection Officer.

  • Assistant Council Manager/Monitoring Officer and Council Manager
     

11.

In consultation with the Assistant Council Manager/Town Clerk to take all necessary action required to produce and enforce Anti-Social Behaviour Orders under the Crime and Disorder Act 1998 and to institute any necessary proceedings under the Act.

  • Senior Solicitor
     

12.

To instruct Counsel or agents to act on behalf of the Council as required.

  • Senior Solicitor
     

13. *

To suspend the operation of the byelaw which prohibits the consumption of alcohol in designated places having been asked not to do so, during such times and consecutive dates and in respect of such designated places as may be appropriate.

  • Senior Solicitor
     

14.

To certify contracts in accordance with the Local Government (Contracts) Act, 1977.

  • Senior Solicitor

 

 

LICENSING

 

 

FUNCTION

AUTHORISED OFFICERS

     

1. *

Within legal constraints and member guidelines (if any) to issue any statutory licence which is not opposed.

  • Licensing Officer
     

2. *

Within legal constraints to refuse or suspend any licence.

  • Licensing Officer
     

3. *

To make submissions to any other body regarding licensing or registration of any matter.

  • Licensing Officer
     

4. *

To determine exemptions from fees.

  • Licensing Officer
     

5. *

To issue licences for the use of The Square.

  • Cultural Services Manager
     

6. *

To register all businesses required by legislation to be so registered with a local authority and the exercise of any power or discretion arising.

  • Licensing Officer
     

7.

The power to determine applications under the Licensing Act 2003 will be delegated in accordance with the following table (Table1)

This form of delegations is without prejudice to Officers referring an application to a Sub-Committee, or a Sub-Committee to Full Committee, if considered appropriate in the circumstances of any particular case.

 

 

 

 

 

 

Table 1

 

Matter to be Dealt With

Full Committee

Sub-Committee

Officers

Application for Personal Licence

 

If a police objection

If no objection made

Application for Personal Licence with unspent convictions

 

All cases

 

Application for Premises Licence/Club Premises Certificate

 

If a relevant representation made

If no relevant representation made

Application for Provisional Statement

 

If a relevant representation made

If no relevant representation made

Application to vary Premises Licence/Club Premises Certificate

 

If a relevant representation made

If no relevant representation made

Application to vary Designated Premises Supervisor

If a police objection

All other cases

Request to be removed as Designated Premises Supervisor

   

All cases

Application for transfer of Premises Licence

 

If a police objection

All other cases

Application for Interim Authorities

 

If a police objection

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 police objections to a Temporary Event Notice

 

All cases

 

Request to review a licence from a responsible authority or an interested party, so long as it, the request will be referred to the appropriate Committee for determination.

 

Where the request is not frivolous, vexatious or repetitious

 

Power to determine that a request to review a licence is frivolous, vexatious or repetitious

   
  • Licensing Officer

8.

Power to appoint a sub-committee of 3 members from the membership of the Licensing and Safety Committee for the purposes of determining the above applications under the Licensing Act 2003 in Table 1.

NB the sub-committee will not include any member with a personal and prejudicial interest in the application

  • Assistant Council Manager/Monitoring Officer

9.

All other powers under the Licensing Act 2003 which are not required by the Act to be carried out by the Licensing Committee or Council or the Cabinet

  • Licensing Officer

MARKETS

 

FUNCTION

AUTHORISED OFFICERS

     

1. *

In consultation with the Portfolio Holder for Markets to approve the licensing of the holding of no more than 2 in any calendar year of a market for the sale of rare breeds at the agricultural showground, subject to an administration fee of £50, with every individual sale being subject to separate licensing applications.

  • Council Architect

 

 

PLANNING

All references to "The Act" in this section means The Town and Country Planning Act 1990 unless provided for otherwise.

 

FUNCTION

AUTHORISED OFFICERS

     

1. *

To exercise the following statutory powers, duties and discretions conferred upon the Council by the following provisions:

(a) Articles 4, 5(4), 6 (directions restricting permitted development) of the General Permitted Development Order 1995; and paragraph A2(2) of Part 6 and paragraph A2(1) of Part 7 of Schedule 2 (determination as to whether prior approval is required for agriculture and forestry developments); paragraph A2(4) of part 24 (determination as to whether prior approval is required for telecommunications equipment); paragraph A2 of Part 31 (determination as to whether prior approval is required for the method of demolition of residential buildings. Article 3(2) (request of details on outline applications) of the General Development Procedure Order 1995.

 

  • Planning Assistants
     
 

(b) Sections 42 (execution of works required by listed building enforcement notice) and 54 (urgent works to preserve unoccupied listed buildings) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(c) Section 70A The Act (power to decline to determine an application where an appeal for the same development refused within 2 years).

(d) The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988.

(e) The Environmental Impact Assessment Regulations 1999 insofar as they relate to the following:

(i) to determine whether or not a planning application should be accompanied by an Environmental Statement;

 
     
 

(ii) to provide a Scoping Opinion to a prospective applicant for planning permission - the formal statement by the Council as to the information to be provided in an Environmental Statement; and

 
     
 

(iii) to provide a Screening Opinion to an applicant for planning permission - the formal determination as to whether or not an Environmental Impact Assessment was required.

 
     

2. *

To make and (within the powers of the Council) confirm footpath diversion orders.

  • Planning Services Manager
     

3. *

To issue, amend, as far as the law allows, or withdraw:

(a) enforcement notices

(b) discontinuance notices in respect of advertisements

(c) notices under Section 215 of the Act (to require maintenance of land injuriously affecting the amenity of the area)

(d) breach of condition notices

(e) planning contravention notices

(f) building preservation notices

(g) listed building enforcement notices

(h) notices under Section 330 of the Act requiring information as to interests in land

  • Planning Assistants
  • Enforcement Officers
     

4.

To deal with the following aspects of development control including decisions on:

 
     
 

(a) * variations to submitted plans, planning permissions, listed building consents and advertisement consents;

  • Planning Assistants
 

(b) * the Hedgerow Regulations 1997

  • Planning Officer (Trees and Landscapes)
 

(c) applications under Section 17 of the Land Compensation Act 1961

  • Area Planning Officers
 

(d) * the discharge of planning conditions

  • Planning Assistants
 

(e) * applications for works to trees within Conservation Areas

  • Planning Officer (Trees and Landscapes)
     

5. *

  1. To determine (refuse or approve) applications for planning permission for development and for advertisement consent limited to the following categories and within Council policies provided that no determination shall be made where the circumstances set out in 1 to 10 below apply:

(a) any extension of alteration to any building or structure including any development within the curtilage

(b) submission of reserved matters applications

(c) change of use applications

(d) all types of advertisement, signs or hoardings

(e) overhead lines

(f) grant or renewal of temporary consent

(g) vehicular accesses

(h) the erection of residential and non-residential buildings

(i) applications for telecommunication development

(j) change(s) of house type(s) following a grant of planning permission

(k) variation of a planning condition

(l) applications under Circular 18/84 (Development by Government Departments)

  1. A councillor makes a written request for the application to be considered by the committee.
  1. The planning officer considers that the application could be controversial and should be considered by committee.
  2. A Town or Parish Council, an organisation listed in Appendix 5 in the Councils Statement of Community Involvement or a recognised Residents Association submits a representation contrary to the officer recommendation and this is supported with reasons such as planning policy or other material considerations
  3. The application would represent a significant departure from the policies of the statutory development plan.
  4. The proposal involves the Borough or County Council either as applicant or land owner and the scheme is a major application or involves significant works to a listed building (not of a minor nature).
  5. The applicant is a Borough Councillor.
  6. The applicant is a member of the council’s management team; a service unit head; a member of Planning Services and or any member of staff within the authority who could be seen as having a direct input to, and therefore influence on, application decisions.
  7. Any other application from employees of SABC may be delegated subject to prior consultation with the chairman and vice chairman of the Development Control and Environmental Protection Committee.
  8. There are substantive objections from statutory consultees such as English Heritage or the Environment Agency raising material planning considerations.

  1. The officer is minded to approve or refuse an application and any of the following criteria apply:

  • For major applications, a petition expressing a contrary view on planning grounds signed by a minimum of 30 persons or letters from at least 10 individual households expressing a contrary view are received;
  • For other applications (in Shrewsbury) letters from at least 10 individual households expressing a contrary view relating to material planning issues are received; and
  • For other applications (in rural parishes) letters from at least 3 individual households expressing a contrary view relating to material planning issues are received.

(ii) To impose standard and technical conditions to planning consents as necessary.

  • Planning Assistants

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

239

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  • Planning Assistants

 

6. *

In consultation with the Senior Solicitor to determine the need for a Section 106 Agreement and to negotiate the terms thereof to completion.

  • Planning Assistants
     

7. *

To amend and/or modify any Section 106 Agreement as required.

  • Planning Assistants
     

8. *

In consultation with the Senior Solicitor to:

(a) determine applications under Section 191 and Section 192 of the Act (applications for certificates of lawful use for existing and proposed developments)

  • Planning Assistants
 

(b) serve stop notices under section 183 of the Town and Country Planning Act 1990

(c) serve temporary stop notices under section 171E of the Town and Country Planning Act 1990

  • Enforcement Officers
  • Enforcement Officers
     

9. *

In consultation with the local Ward Members to determine deemed applications from other Authorities if the deadline for receipt of comments expires before the next due meeting of the Development Control and Environmental Protection Committee.

  • Planning Assistants
     

10. *

To respond to

 
 

(a) proposals under the Pastoral Measure Act 1983

  • Planning Assistants
 

(b) proposals by the Shropshire County Council for development under Regulation 4 of the Town and Country Planning General Regulations 1992 where no objections received or known of

  • Planning Assistants
 

(c) planning applications submitted to Shropshire County Council for development ancillary to (but not including an extension of) existing permission for mineral extraction or processing

  • Planning Assistants
 

(d) applications to the West Midlands Traffic Area Licensing Authority for Goods Vehicles Operators' Licences.

  • Planning Assistants 240
  • Enforcement Officers

11. *

To determine (refuse or approve) applications for works to trees protected by Tree Preservation Orders within Council policy, provided that no determination shall be made which is inconsistent with any written representation(s) received from a third party.

  • Planning Officer (Trees and Landscapes)
     

12. *

To determine all applications for

(i) listed building consent

(ii) conservation area consent

(iii) the discharge of any condition of any planning permission, listed building consent, conservation area consent or advertisement consent provided that no determination shall be made which is inconsistent with any written representations from a third party

  • Planning Assistants
  • Conservation Assistants
     

13. *

To exercise the powers of the Council in relation to dangerous trees.

Planning Officer (Trees & Landscapes)

14.*

To make, vary and revoke tree preservation orders.

  • Planning Officer (Trees and Landscapes)
     

15. *

To confirm tree preservation orders as appropriate.

  • Planning Officer (Trees and Landscapes)
     

16.

*

To determine high hedge complaints

  • Planning Services Manager

 

PROPERTY

 

FUNCTION

AUTHORISED OFFICERS

1.

To appoint the Principal Contractor and Planning Supervisors for the purposes of the Construction (Design and Management) Regulations.

  • Technical Services Manager
     

2.

In consultation with the relevant service chief officer to refuse applications to purchase open space land from the Council.

  • Asset Manager
     

3.

To approve alterations to premises as ground landlords within the Riverside Centre or the General Market lease area.

  • Asset Manager
     

4.

To decline offers to sell property to the Council.

  • Asset Manager
     

5.

To engage valuers or selling agents on behalf of the Council.

  • Asset Manager

6.

To make planning and building regulation applications in respect of the Council’s own developments and, when necessary, applications for scheduled monument and listed building consent for works of alterations, additions, repair and maintenance of buildings owned by the Council.

  • Senior Property Services Officers
     

7.

To requisition off site services in respect of any construction contract for which he acts as Architect or Contract Administrator.

  • Senior Property Services Officers
     

8.

To place architectural, quantity surveying and other similar specialist work with outside agencies within the appropriate fee scale and the Council's relevant estimates and standing orders.

  • Property Services Manager
  • Asset Manager
     

9.

 

10.

Within the provisions of the capital and revenue estimates to incur expenditure to repair and maintain the buildings owned by the Council.

To let and manage the commercial premises under the control of the Council, including the review of rents, and pitches for ice-cream sales.

  • Senior Property Services Officers
  • Asset Manager

PROPER OFFICERS/NOMINATED OFFICERS

The relevant postholders listed below have been appointed or confirmed as proper officers for the purposes of the following legislative provisions:

PROPER OFFICERS/NOMINATED OFFICERS

The relevant postholders listed below have been appointed or confirmed as proper officers for the purposes of the following legislative provisions:

 

LEGISLATIVE PROVISION

PROPER OFFICER

     
 

Local Government Act 1972

 
 

S.83 (1) Delivery to proper officer of Declaration of acceptance of office.

  • Council Manager
 

S.83 (3) Declaration may be made before proper officer.

  • Council Manager
 

S.84 (1) Delivery of resignation to proper officer.

  • Council Manager
 

S.88 (2) Convening of Council to fill casual vacancy in the office of Mayor.

  • Council Manager
 

S.89 (1) (b) Receipt by proper officer of notice from two electors that an office is vacant.

  • Council Manager
 

S.100 B (2) Proper officer to decide whether to withhold report from public access

  • Council Manager
 

S.100 C (2) Proper officer to make a written summary of any part of meeting where minutes are enclosed.

  • Council Manager
 

S.100 B (7) Supply of other documents to newspapers as proper officer thinks fit.

  • Council Manager
 

S.100 B (1) Proper officer to compile list of background papers to a report.

  • Council Manager
  • Asst Council Managers
 

S.100 F Proper officer to decide to withhold certain documents from access by members.

  • Council Manager
  • Asst Council Managers
 

S.115 (2) Officers to pay all money due from them to proper officer.

  • Responsible Financial Officer
 

S.137A (5) Statement (a report or accounts) of use of S.137 to be deposited with proper officer.

  • Responsible Financial Officer
 

S.191 (2) Applications under Section 1 of the Ordnance Survey Act 1891 to be sent to the proper officer of the district

  • Council Manager
 

S.204 (3) Notice of an application for a justices licence under the Licensing Act 1964 to be given to proper officer.

  • Assistant Council Manager/Monitoring Officer
 

S.210 (6) & (7) Any power vested in respect of a holder of an office with a former authority in respect of any charity to be vested in proper officer in default of a corresponding office.

  • Council Manager
 

S.225 (1) Any document deposited with proper officer pursuant to any enactment - to the standing orders of either House of Parliament to be reviewed and retained in accordance with directions.

  • Council Manager
 

S.229 (5) Certificate of proper officer that photographic copy as such shall be evidence to that effect.

  • Council Manager
 

S.234 (1) Any notice etc. which a local authority may give may be signed by the proper officer.

  • Council Manager
 

S.234 (2) Any document purporting to be signed by the proper officer shall be deemed to be duly given etc. until proved to the contrary

  • Council Manager
 

S.236 (9) & 10 Proper officer to send a copy of every byelaw, when confirmed, to every Parish affected and to County Council.

  • Senior Solicitor
 

S.238 A copy of byelaw certified by the proper officer shall be prima facie evidence of the facts stated in the certificate.

  • Council Manager
 

S.248 (2) Roll of freemen to be kept by the proper officer.

  • Council Manager
     

 

 

 

Schedule 12

 
 

para 4 (2) (b) Summons to Council to be signed by proper officer.

  • Council Manager
 

para 4 (3) Notice to proper officer to send summonses to specified address other than place of residence.

  • Council Manager
     
 

Local Government Act 1974

 
 

S. 30 (5) Proper officer to give notice that copies of an Ombudsman's report are available.

  • Council Manager
     
 

Local Government (Miscellaneous Provisions) Act 1976

 
 

S.41 (1) Copy resolution etc. of a local authority certified as such by the proper officer to evidence of such.

  • Council Manager
 

S.41(3) Document purporting to be a copy of an instrument by which the proper officer appointed a person to be an officer of the authority or authorised a person to perform certain functions specified in the instrument shall be evidence of such if so certified by the proper officer

  • Council Manager
     
 

Local Government Finance Act 1988

 
 

S.116 Proper officer to notify the Council's Auditor of the date time and place of any meeting of the authority which will consider a report from the chief financial officer under S.115 of the same Act regarding proposed unlawful expenditure and of any decision of the meeting on the report.

  • Council Manager
     
 

Local Government and Housing Act 1989

 
 

S.2 (4) Proper Officer to be recipient of the list of politically restricted posts.

  • Council Manager
 

S.3 (3) Proper Officer to sign "certificate of opinion" in connection with applications to the Independent Adjudicator re. exemptions relating to politically restricted posts.

  • Monitoring Officer
 

Local Authorities etc. (Miscellaneous Provisions) Order 1974 (No. 482)

 

para 9 (3) (c) Production of a printed copy of a byelaw made by a County Council, endorsed with the Certificate of the proper officer of a District Council to be prima facie evidence of the facts stated in the certificate.

  • Senior Solicitor
   
 

Local Government (Committees and Political Groups) Regulations 1990 (No. 1553)

 

para 8 (1) Political group to be constituted when notice delivered to the proper officer.

  • Council Manager
 

para 8 (5) Name of group may be changed by notice in writing to the proper officer.

  • Council Manager
 

para 9 Member to be treated as a member of the group if signed notice is delivered to the proper officer.

  • Council Manager
 

para 10 (b) Member to treated as ceasing to be a member of a group

(c) & (d) when proper officer receives written notice either that the

member no longer wishes to be treated as a member of the group or that he has joined another group, or that the majority of members of the group no longer wish him to be treated as a member of the group.

  • Council Manager
 

para 14 Proper officer to notify the leader of a group of the allocation of seat(s) to the group.

  • Council Manager
     

 

 

 

Local Government Act 1972 Schedule 14

 
 

para 25 (7) A copy of a resolution applying or disapplying various provisions of the Public Health Acts, certified by the proper officer shall be received as evidence.

  • Council Manager
 

Building Act 1984

 
 

S.61 Any works of repair etc. to a drain to be open to inspection to the proper officer and any other officer authorised by the Proper officer.

  • Environmental Health Manager
 

S.78(8) Proper officer may exercise the powers of sub-section (1) relating to dangerous buildings.

  • Building Control Manager
  • Council Architect
 

S.93 (1) Any notice, order consent etc. may be signed by the proper officer.

  • Building Control Manager
 

Housing Act 1985

 
 

S.606 Submission of reports on particular houses or areas by the proper officer.

  • Environmental Health Manager
     
 

Party Wall Act 1997

 
 

"Appointing Officer" as required by the Act.

  • Building Control Manager
 

Public Health (Control of Disease) Act 1984

 
 

S.11 Cases of notifiable disease and food poisoning to be reported.

All Consultants in Communicable Disease Control and Specialist Registrars working for the Shropshire and Staffordshire Health Protection Agency Local Field Services Team and Consultants in Public Health Medicine who are employed by Shropshire County Primary Care Trust, Telford and Wrekin Primary Care Trust, and Wolverhampton City Primary Care Trust, and all specialist registrars working for these primary care trusts while employed by Birmingham and Black Country Health Authority

 

S.18 Information to be furnished by occupier in case of notifiable disease or food poisoning at the request of the proper officer.

 

S.20 Stopping of work to prevent spread of disease at the request of the proper officer.

 

S.21 Exclusion from school of child liable to convey notifiable disease on notice from the proper officer.

 

S.22 List of day pupils at school having case of notifiable disease to be supplied to the proper officer.

 

S.24 Control by proper officer of infected articles intended to be washed at Laundry.

 

S.29 Letting of house or room after recent case of notifiable disease.

 

S.31 Certification by proper officer of need for disinfection of premises.

 

S.32 Certification by the proper officer of need to remove person from infected house.

 

S.36 Medical examination of group of persons believed to comprise carrier of notifiable disease following certificate of the proper officer.

S.40 Medical examination of inmates of common lodging house if the proper officer believes that one of them suffers from a notifiable disease.

 

S.42 Closure of common lodging house on account of notifiable disease until certified clear by the proper officer.

 
 

S.43 Person dying in hospital with notifiable disease not to be moved if the proper officer considers it desirable not to do so.

 

S.48 Removal of body to mortuary or for immediate burial on the proper officer obtaining an order of a Justice of the Peace.

   

 

 

Poison Rules 1987

  • As in 43-56 above
 

Exemption from restriction on sales of certain poisons for purposes certified by the proper officer.

     
 

National Assistance Act 1948 and National Assistant (Amendments) Act 1957

 

58.

S.47 Removal of persons to suitable premises

  • As in 43-56 above

 

 

Public Health Act 1936

 

59.

S.84 & 85(2) Proper officer may serve notice requiring remedial action where there are filthy and verminous premises, persons or articles.

     
 

Public Health (Infectious Diseases) Regulations 1988

 

60.

Reg 6 Cases of infectious disease to be specially reported.

  • As in 43 to 56 above

61.

Reg 8 Weekly and quarterly returns.

 

62.

Reg 9 Provisions for preventing the spread of certain diseases.

 

63.

Reg 10 Immunisation and vaccination.

 

64.

Schedule 3 Typhus and Relapsing Fever

 

65.

Schedule 4 Food Poisoning and Food Borne Infections

 
 

The Milk and Diaries General regulations 1959

 

66.

Part VII (Regulations 18 to 20) For purposes of pasteurisation orders.

  • As in 43 to 56 above.

To enable the utilisation of the legislation within these functions effectively the employees in 43 to 56 above are also:

  • Appointed as proper officers for all purposes and functions where the legislation gives power to or places a duty on the "Medical Officer of Health";

  • Nominated as the registered medical practitioner for the purposes of Section 35 of the 1984 Act;

  • Appointed as authorised officers for the purposes of Sections 50 and 61 of the 1984 Act; and

  • Authorised to act for the Local Authority for the purposes of Schedules 3 and 4 of the 1988 Regulations under the specific powers given by paragraph 3 of Schedule 3 and paragraph 3 of Schedule 4 to the Regulations.

Nominated Officers:

That the following be the Council's nominated officers in respect of the Disclosure of Criminal Records in relation to:

(a) Hackney Carriage and Private Hire Vehicles Drivers

(b) Door Supervisors

(c) Lotteries

(d) Working with Children/Vulnerable Adults

Lead Signatory

Personnel Officer

Counter Signatories

Licensing Officer

Assistant Personnel Officer

Leisure Services Manager

Senior Assistant Solicitor

Senior Operations Manager - Human Resources - Leisure Services

 

 

 

Authorised Officers:

The holders of the following posts are authorised to represent the Council for the purposes of Council Tax, Community Charge and Non-Domestic Rates at the Valuation Tribunal, in recovery proceedings and to certify micro-film copies:

  1. Responsible Financial Officer

  2. Transitional Revenue and Benefits Manager

  3. Revenue Manager

  4. Senior Revenue Officer

  5. Legal Assistant

  f.  Local Taxation Officer (Career Grade)