AGENDA for ANNUAL MEETING OF THE COUNCIL

to be held on

Wednesday, 15th May, 2013

Enquiries to:

Pam Matthews

Direct Dial: 024 7637 6204

Direct Email:

[email protected]

Date: 7th May, 2013 Our Ref: PJM

To: All Members of the Borough Council

The ANNUAL MEETING OF THE COUNCIL will be held in the Council Chamber, Town Hall, Nuneaton, on Wednesday, 15th May, 2013 at 6.00 p.m.

All members of the Council are summoned to attend to determine the business as set out below.

A G E N D A

1. EVACUATION PROCEDURE

A fire drill is not expected, so if the alarm sounds please evacuate the building quickly and calmly. Please use the stairs and do not use the lifts. Once out of the building, please gather outside the Yorkshire Bank on the opposite side of the road.

Please exit by the door by which you entered the room or by the fire exits which are clearly indicated by the standard green fire exit signs.

If you need any assistance in evacuating the building, please make yourself known to a member of staff.

Please also make sure all your mobile phones are turned off or set to silent.

2. ELECTION OF CHAIR (THE MAYOR) for the ensuing year.

3. VOTE OF THANKS.

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4. APOLOGIES - to receive apologies for absence from the meeting.

5. MINUTES - to confirm the minutes of the meeting held on 17th April, 2012. (Page 4)

6. ELECTION OF VICE-CHAIR (THE DEPUTY MAYOR) for the ensuing year.

7. DECLARATIONS OF INTEREST

To receive declarations of Disclosable Pecuniary and Other Interests, in accordance with the Members’ Code of Conduct.

Note: Following the adoption of the new Code of Conduct, Members are reminded that they should declare the existence and nature of their personal interests at the commencement of the relevant item (or as soon as the interest becomes apparent). If that interest is a Disclosable Pecuniary or a Deemed Disclosable Pecuniary Interest, the Member must withdraw from the room.

Where a Member has a Disclosable Pecuniary Interest but has received a dispensation from Standards Committee, that Member may vote and/or speak on the matter (as the case may be) and must disclose the existence of the dispensation and any restrictions placed on it at the time the interest is declared.

Where a Member has a Deemed Disclosable Interest as defined in the Code of Conduct, the Member may address the meeting as a member of the public as set out in the Code.

Note: Council Procedure Rules require Members with Disclosable Pecuniary Interests to withdraw from the meeting unless a dispensation allows them to remain to vote and/or speak on the business giving rise to the interest.

Where a Member has a Deemed Disclosable Interest, the Council’s Code of Conduct permits public speaking on the item, after which the Member is required by Council Procedure Rules to withdraw from the meeting.

8. ANNOUNCEMENTS - to receive announcements from the Mayor or the Executive Director.

9. COMPOSITION AND MEMBERSHIP OF COMMITTEES, AND APPOINTMENTS TO OUTSIDE BODIES FOR 2013/2014. (To follow)

(a) The Cabinet - to note the Leader’s appointments to and allocation of responsibilities for the Cabinet Portfolios.

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(b) Composition of Committees and Overview and Scrutiny Panels - to note the current political composition of the Council and, having regard to the political balance, to receive recommendations regarding the number of members on each committee.

(c) Membership of Committees and Overview and Scrutiny Panels - to receive recommendations on the membership of committees and panels and the appointment of Chairs and Vice-Chairs where appropriate.

(d) Representatives on Outside Bodies - to receive recommendations on appointments to outside bodies.

10. SCHEME OF DELEGATION -

(a) to agree the scheme of delegation from Council excluding those functions which are executive functions (Part 3 of the Constitution attached). (Page 21); and

(b) to note the scheme of delegation from the Leader for those functions which are executive functions (Part 3 of the Constitution attached). (Page 21)

Managing Director

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NUNEATON AND BEDWORTH BOROUGH COUNCIL

17th April, 2013

A meeting of the Nuneaton and Bedworth Borough Council was held at the Town Hall, Nuneaton, on Wednesday, 13th February, 2013

Present

The Mayor (Councillor J. Haynes) The Deputy Mayor (Councillor R.G. Copland)

Councillors D. Aldington, J.B. Beaumont, D. Carr, J. Foster, D. Fowler, V.N.J. Fowler, J. Glass, M.P. Grant, W.J. Hancox, D. Harvey, B.L. Hawkes, P.D. Hickling, K.A. Kondakor, A.A. Lloyd, I.K. Lloyd, B.J. Longden, D.C. Navarro, D. O’Brien, N.J.P. Phillips, G.D. Pomfrett, J. Sheppard, W.H. Sheppard, G. Smith, J.A. Tandy, R.A. Taylor, K.D. Wilson and K. Young

Apologies for absence were received from Councillor S. Doughty, P.J. Gilbert and C.M. Watkins.

Prayers were taken by Fr. Paul Messam.

445 Minutes

The minutes of the meeting of the Council meeting held on the 20th February, 2013 were confirmed and signed by the Mayor.

446 Interests

(a) Councillor J.A. Jackson declared a Disclosable Pecuniary Interest in any relevant item by reason of her husband’s employment with Nuneaton and Bedworth Borough Council and the Nuneaton and Bedworth Leisure Trust, for which she has received dispensation to speak and vote on matters that do not relate specifically to his contract of employment or the unit in which he is employed.

(b) Councillors J.A. Jackson, J.A. Tandy, J. Foster and B.J. Longden declared Other Interests in any relevant item by reason of them being Members of Warwickshire County Council.

(c) Councillor A.A. Lloyd declared an Other Interest in any item by virtue of him being a Governor of George Eliot Hospital and the Council’s representative on the Hospice Charity.

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(d) Councillor D.C. Navarro declared an Other Interest in any item by virtue of his appointment as a Non-Executive Director of the George Eliot NHS Trust;

447 Announcements

The Mayor introduced Mr. Ron Ball, the new Police and Crime Commissioner to address the meeting and present his Policing Plan for 2013/14, together with his vision for policing in Warwickshire in the future.

Mr. Ron Ball spoke personally about himself, his former career as a pilot, his former representative roles as a magistrate, school governor, etc.

He explained about his new role as Police and Crime Commissioner, which had been created in order for there to be more direct accountability in respect of the police service.

He explained the link between the role of the Commissioner and the Chief Constable and the need for the Chief Constable to be held to account. He stated that he and the Chief Constable had a good working relationship and he met with him regularly.

He explained about the Police and Crime Panel, of which Councillor Harvey, Leader of the Council, was Chair.

He informed Members that meetings were held every 2 months to which the public were invited and at which the public could ask questions if these were submitted two weeks in advance of the meeting.

He spoke of the Community Safety Partnership, which was a scheme to tackle crime within Warwickshire by communicating and engaging with communities in Warwickshire. He referred to the appointment of Community Safety Ambassadors of each of the community areas.

He also referred to a recruitment campaign for special constables and stated that police officer numbers would not reduce. He spoke of an alliance with West Mercia to provide 100 Police and Community Support Officers.

He stated that overall crime figures were down by 12% on last year, which was a credit to not only the police but all other bodies/organisations involved.

Various members raised questions as follows:

(a) Under-reporting of crime, particularly in Wembrook Ward.

Mr. Ball stated that he hoped that the Community Safety Ambassadors would make a difference but urged people to report crime as nothing can be done if it is not reported.

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(b) The need to enhance the role of the Police and Community Support Officers to cover issues relating to parking and dog control orders.

(c) Are there sufficient training facilities if the number of specials is to be doubled?

Mr. Ball responded by saying that the Police and Community Support Officers have the powers to deal with obstruction but not parking and that he has a meeting arranged with the RNIB re dog fouling. He stated that the training of special constables is being undertaken as quickly as possible

(d) The method of publicising public meetings.

Mr. Ball stated that dates would be well published by varying methods.

(e) The engagement of young people in youth and crime by setting up dedicated panels.

Mr. Ball responded that he was keen for engagement with young people to take place and that perhaps this could be done via some sort of Youth Parliament,

(f) In view of budget restrictions, functions, such as scouts/cub marches, were being cancelled because police would not attend without payment of substantial amounts to cover costs.

Mr. Ball responded that there was sympathy with the issue of policing marches but that the issue was more to do with managing events and that a task force was looking at options

(g) The need for lighting improvements in particular areas in order to address the fear of crime.

Mr. Ball explained that this was not a police decision

(h) Concern that the commissioning of Ambassadors may stop police attending.

Mr. Ball responded that the commissioning of ambassadors was not intended as a substitute for police attendance.

(i) The need for a review of the decision on public participation at meetings to allow as much participation as possible.

Mr. Ball promised that a schedule of meetings would be produced which would be well published.

RESOLVED that Mr. Ball be thanked for his presentation.

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448 Public Participation

Michele Kondakor asked the following question:

“I understand that the Council has a programme for replacing kitchens and bathrooms in their properties. Many residents have already upgraded their kitchens/bathrooms at their own expense.

Many people are currently in fuel poverty in council accommodation with boilers that are many decades old. Can the council be more flexible in its funding of renovations to allow the replacement of boilers as an alternative?”

Councillor J.A. Jackson responded as follows:

“The Council is required to balance a number of competing priorities in relation to the maintenance of its housing stock.

There are many programmes that must be undertaken in order to comply with legislative requirements, such as fire safety, electrical safety and gas safety. We are also required to ensure that our properties and their surrounding environment are structurally sound, safe, secure and watertight which necessitates significant capital spend to make sure that we are meeting our obligations - these capital programmes include replacing roofs, doors, fire detection systems, etc.

The Council has a stock condition database which it refers to in order to identify what elements of a property need to be replaced and for what reason. This database assists us to formulate programmes for capital investment works that are necessary to meet the requirements that I have already referred to.

Specifically in relation to affordable warmth, there are a number of factors that contribute towards this. The Council has completed cavity wall insulation to all properties where this is feasible and also carried out loft insulation upgrades to all relevant properties. Members may also be aware that 2012/13 saw us partner with the utility provider E-On to achieve external wall insulation to 411 properties within our own stock and almost 200 in the private sector - this brought in additional funding to the Borough of around £3 million.

With regards to the boiler replacement programme, over a third of our relevant stock has seen new boilers in the last 9 years with an increased budget over the last 2 years for central heating replacements, with over a million pounds invested in this programme in the last financial year.

I feel that we are appropriately balancing the investment needs of our housing stock and already significantly contributing to the affordable warmth agenda.”

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Mr. T.G. Wilson asked the following question:

“Does the Leader of the Council share my concern about the fact that local Conservative Councillors were furious when Alan Ottey, the Town Centres Manager, was made redundant, followed by his almost immediate appointment to a newly-created post at Conservative-controlled Warwickshire County Council, all this just happening to coincide with his being adopted as a Conservative Party candidate for Hinckley in the forthcoming County Elections?”

Councillor D. Harvey responded as follows:

“In answering Mr. Wilson’s question, Mr. Mayor, I have to say that I had, over recently months, been quite surprised to hear such criticism about making one post redundant when no such criticism had been made about any other employee losing their job as a result of Government cuts to our budget.

It was, Mr. Mayor, as if they, or indeed any of the more than 1,000 people losing their jobs at the Council did not matter.

I have to say to Mr. Wilson and this Council that the ‘fog has now cleared’, so to speak and it appears that Conservative Councillors on this Council, and at the County, are clearly very keen to speak up for one of their party’s candidates in the forthcoming elections.”

County Councillor Sonja Wilson asked the following question:

“Does Cllr Aldington "Planning Porfolio" agree with me of the betrayal of this Government over giving more say to Local Councils in its Localism Bill when in fact it does not.

Giving planning a" free for all" and untold misery to many residents not least to homes in the St Nicolas, Whitestone and Weddington wards, would he urge planning members to be watchful wherever possible?”

Councillor Aldington responded as follows:

“The introduction of the concept of localism created a perception that local authorities can do as they please in terms of deciding how many new homes should be built in the Borough. This is simply not the case. Government policy requires the Council to plan and enable the delivery of enough housing to meet need, based on evidence. If it doesn’t, developers have the upper hand and can be granted planning permission on appeal in locations the Council may not want to see development - indeed only today the Inspector overturned a decision of the Council for development of houses in the Abbey Ward.

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The Government is in the process of abolishing Regional Spatial Strategies but has replaced them with 'a duty to co-operate' with neighbouring authorities. In doing so, it has shifted the requirements of regional planning to local authorities to sort out. If the Council does not co-operate with others, an independent inspector can find the Council's plan unsound and again this gives developers the upper hand.

The Council is working hard to get an updated plan in place as soon as possible. The Council has to do this though within the framework set by Government. “

Sam Margrave asked the following question:

“Is the Planning Portfolio Holder aware of any Green Party representatives putting forward proposals to build on green field land in our Borough and, if so, what these proposals are?”

Councillor Aldington responded as follows:

“I am not sure if I can answer Mr. Margrave’s question now that it has been announced that Keith Kondakor is an Independent and does not speak for the Green Party anymore. However, at a meeting on the 28th November, 2011 myself, Councillor Harvey and officers were present at a meeting when Mr. Kondakor demanded to meet with us. He raised concerns about various issues and he suggested other sites were more appropriate and made specific reference to land at the rear of his property and I believe he still lives in the Weddington ward, Mr. Mayor.”

449 Questions by Members

Councillor K.A. Kondakor asked the following question:

“Last month you approved the spending of £40,000 on a new Strategic Housing Market Assessment (SHMA). This is now going to be done jointly with Coventry City Council.

The latest 5 year housing supply statement shows that as of April, 2012 planning permission had been granted for 1,080 new homes around Nuneaton but only 186 around Bedworth. Recent approvals have done nothing to correct this imbalance.

Will the Strategic Housing Market Assessment be detailed enough to establish the need for housing for each individual settlement in the borough and when will it be published?”

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Councillor J.A. Jackson responded as follows:

“The joint Strategic Housing Market Assessment be detailed enough to establish the evidence for the scale of market and affordable housing likely to be required for the joint study area (Coventry, North Warwickshire, Rugby, Warwick and Nuneaton and Bedworth).

The SHMA is being undertaken in two phases to accommodate the different time pressures of the Councils involved.

Phase 1 will identify the requirements for the joint study area as well as each individual district and borough. This is scheduled to be completed by the end of December, 2013.

Phase 2 will identify ward level data, including the requirement for tenure type, property type and affordability. Officers are meeting with the appointed consultants on 26th April to formalise Phase 2 and agree a project timetable.

It is anticipated that the Phase 1 study will be available to the public by the end of this financial year. The time frame for the publication of the Phase 2 study will be known following the meeting on the 26th April, 2013.”

Councillor D. O’Brien asked the following question on behalf of Councillor P.J. Gilbert:

“Will the Leader of the Council agree to establish a committee to consider how this Borough officially recognises any resident who has given outstanding service to our community or country?”

Councillor D. Harvey responded as follows:

“Mr. Mayor, up until 2009, the Council operated an annual ‘Community Services Award’, involving receipt of nominations from the public, a selection panel and an awards event.

The awards were suspended when Councillor Gilbert was the Leader of the Council and no awards were made during his twelve months as Leader.

Following public concern about this, Councillor Jackson pushed for re- introduction in late 2010. In 2011, conscious of the need to again recognise the contributions made by residents of our borough, we introduced a new award, the ‘Services to the Community Award’, and this award has been presented by the Mayor on a more personal one to one basis in the Parlour.

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Since 2011, the award has been presented to Dr. Patricia Bidmead, Petrina Davis, Mark Palmer, Jesse Owen and Mark Williams, Mark having received his award in this Chamber at the Annual Council meeting last year in recognition of him being awarded the Military Cross.

I think the present system works well and see no reason to change it again.”

Councillor K.D. Wilson asked the following question:

"Does the Leader of the Council, while congratulating our former Town Centres Manager on his new well-deserved appointments, not now regret that in this tough financial climate we have lost his tremendous experience which will now be at the disposal of our competition and shows that Warwickshire County Council is ahead of the ball in fighting for Town Centres as opposed to this Labour-controlled Borough Council?"

Councillor D. Harvey responded as follows:

“Mr. Mayor, to set the record straight, I would point out that the post of Town Centres Manager was first set up because Warwickshire County Council promised to jointly fund our Town Centre Partnerships, along with the private sector.

Despite this, in recent years, the County cut the entire £40,000 for Nuneaton and Bedworth out of their budget, gave us nothing and rarely sent an officer to meetings of our Town Centre Partnership and left us to foot the entire bill, including the very expensive post of Town Centre Manager, alone.

If we add to this our recently increased expenditure on maintaining and refurbishing town centre ‘furniture’, including much belonging to the County who refused to stump up the money, as well as massive cuts imposed by the Government, and our financial difficulties in keeping all posts intact is clear to any objective observer.

What we are doing, however, is employing a new Town Centres Co- ordinator, whose role will be different from that of the previous Town Centres Manger but whose appointment will show our continuing commitment to the prosperity and continuity of our town centres. This, along with our increased expenditure on Christmas lights and an improved town centre entertainment programme, contrasts markedly with the County’s record. Even now, Councils cannot apply for any of their new town centres regeneration fund which means that the south will benefit more then we will.

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Which areas will benefit from the new County Regeneration Manager’s efforts remains to be seen, Mr. Mayor, but if the Leicestershire County Council elections go well for the Conservatives, no doubt the Hinckley Division will get some of his attention at least.”

Councillor G. Smith asked the following question:

“Councillor Phillips

Could you please inform Council on the number of times that the gateways into the Borough are litter picked? I have received numerous complaints about the amount of rubbish littering the A444 yet again?

I appreciate that even if we litter picked every day there would still be the irresponsible dumping of rubbish on a regular basis.

However a regular clean up might help ease the problem.”

Councillor N.J.P. Phillips responded as follows:

“As you will be aware the A444 cannot be cleansed unless full traffic management is in place due to the speed limit. We have sufficient funds within the budget to carry out three full cleanses of the road throughout the year (£6,000 per cleanse). On top of this, we work with Warwickshire County Council to utilise their traffic management when they carry out grass cutting on the road. In previous years this has meant an additional two cleanses throughout the spring and summer.

We started to carry out a full cleanse of the A444 in mid February and managed to cover a small area starting from the Ricoh arena. Unfortunately, due to traffic levels and disruption to road users, the Highways Authority removed us from the road. Since then I have been working with our contractors and Warwickshire County Council to fix some alternative dates to complete the work. Due to the pressures of year end workload, they have not been available but I have now confirmed that the Council will carry out a full length cleanse of the road during week commencing 29th April, 2013

During the cleanse, in an attempt to reduce the problem, the Council will be erecting additional signage along the road warning people of fines for littering.”

Councillor J. Tandy asked the following question:

“It has been reported in the local newspaper that the Coventry and Warwickshire Partnership NHS trust had temporarily closed Stanley Ward at the Manor Hospital. Stanley Ward was where dementia patients - most of them elderly - were cared for 24/7.

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I am seriously concerned that this temporary closure could become permanent if proposals for care in the community are brought in rather than the excellent 24 hour care those patients were in receipt of.

Would you be prepared, as cabinet member responsible for health issues, to write to the Chief Executive of the NHS Coventry and Warwickshire Partnership NHS Trust to gain an assurance that the temporary closure would not be made permanent and that the excellent facilities provided for dementia patients in Stanley ward will continue into the future?”

Councillor N.J.P. Phillips responded as follows:

“Firstly a bit of background -

There are two wards for older persons’ mental health provision at the above clinic (Stanley and Pembleton). The Stanley is a 12 bed ward that provides an acute assessment and treatment service for those with disorders such as dementia.

Coventry and Warwickshire Partnership Trust (CWPT) are apparently shifting focus to care in the community, thus the need for beds has allegedly reduced. I understand that they have used a similar model in Rugby. The bed stock has been reduced from 24 to 12 (April, 2012). A community team is in place to address the needs of patients in the community, according to CWPT, which is always a worry when only a very small percentage need the facilities within inpatients services, with the majority of people wishing to be supported in the community in their own homes in the least restrictive environment.

These changes to Stanley Ward are temporary and being implemented to test resources in a different way. They are part of a longer term plan to develop community based options for patients. Existing staff from the Stanley ward will be used to increase staffing levels in other inpatient services for older people (assuming across Coventry and Warwickshire).

CWPT intend to monitor this temporary change as should this Council. I will, therefore ask the Chair of the Overview Joint Scrutiny Commission of the Council to include this as a piece of urgent work and call the relevant Director of Operations, Josie Spencer, as well as carers and staff, to explain what is happening.

We will make CWPT aware in no uncertain terms that this Council, on behalf of its residents, will not tolerate the closure of a ward without full and proper scrutiny of the reasons why and without correct open and transparent consultation.

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As Nuneaton and Bedworth Borough’s segment of the ageing population is getting bigger, dementia will be a huge topic of concern for all stakeholders. It is of critical concern that finance may be behind this proposed change. When we have been issued with a challenge from the Prime Minister to ensure dementia is put up the list of priority care and awareness, this Council should not accept a dilution of service, whereby patents that require more than care in the community are to be shipped off across the county away from close family and friends.

Yet again non-elected directors within the health service continue to manage and change services for our residents without a by your leave to the Council where that service sits. A case of blink and it is gone.

I will, as the councillor asks, write to the CWPT asking that any temporary closure does not become permanent and the ward stays open for the benefit of the patents that need constant care day and night.”

Councillor J. Glass asked the following question:

“Will the Leader agree with me about the importance of the Children Centres within the Borough, their excellence recently recognised by Offstead Inspectors? Assuming that he will, can he join me and others to condemn the known cuts from Warwickshire County Councils Tory administration, which will jeopardise the future viability of these Centres.”

Councillor Harvey responded as follows:

“I would agree that many of the cuts to services being made by Warwickshire County Council in our Borough are indeed disturbing. There are six Children’s Centres in Nuneaton and Bedworth that provide an essential service for those involved in caring for babies, very young children and their families. They offer significant opportunities to families in terms of social and health support that otherwise would not be available.

It concerns me greatly that the support provided to some of the most vulnerable and hard to reach families is gradually being eroded and I would urge the Council to make a formal response to the public consultation that Warwickshire County Council is due to begin in late summer 2013. I will ensure that the matter comes to Cabinet when the consultation is held.”

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Councillor J. Foster asked the following question:

"Many people across the Borough, of various political persuasions and of no persuasion at all, are disgusted and dismayed that this Council has not flown the Union Flag at half mast today for the funeral of former Prime Minister Lady Thatcher.

Is the Leader of the Council aware that the official guidance from the College of Arms, which gives guidance on the official protocol regarding the flying of the Union Flag specifically states, and I quote:

"Occasions on which the Union Flag is to be flown at half mast: the funerals of Prime Ministers and ex-Prime Ministers of the United Kingdom."?

Will the Leader of the Council apologise to all those members of the public who are outraged that this Council is showing such a basic lack of respect?"

Councillor D. Harvey responded as follows:

“Mr. Mayor, the facts of the matter are as follows:

The Council’s policy of not flying the flag at half-mast is in keeping with the protocol outlined by the Flag Institute, in association with the all-party group of the UK Parliament, the Flags and Heraldry Committee, which provides rules to ensure the Union Flag is flown correctly and treated with dignity and respect.

The ‘British Flag Protocol’, as described by the Flag Institute, in relation to flags flown at half-mast, states that flags should be flown at half-mast on the funerals of Prime Ministers and ex-Prime Ministers of the United Kingdom, subject to special commands from the Sovereign in each case.

As no special commands have been issued by the Sovereign, the Council must therefore abide by its own long-standing flag policy which states that ‘The Union Flag is never flow at half-mast unless it is the death of a Royal.’

The Borough Flag is flown on the death of a local soldier killed in action, when it is flown at half-mast, as it is for the funeral of a serving Councillor or ex-Mayor. This is clearly stated in the Borough’s Flag Protocol, which has previously been accepted by all parties on the Council.

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Since the formation of this Council, Mr. Mayor, five other Prime Ministers have died.

Sir Anthony Eden, who died in 1977, was a distinguished opponent of Hitler. He resigned as Foreign Secretary in 1938 rather than take tea with fascists. Our flag was not lowered for his funeral.

1995 saw the death of two former Prime Ministers, Alec Douglas-Home, who gave up his Earldom to serve the nation, and Harold Wilson, a Prime Minister who also won three general elections and, under whose Premiership, Britain became the most equal society in history. The flag was not lowered for either James Callaghan or Edward Heath, both died in 2005, Mr. Mayor. James Callaghan was the only Prime Minister ever to have served in the four highest offices of state, whilst Edward Heath had the foresight to drag this country into the modern age by bringing in decimal currency and taking us into what was then the European Economic Community. Again, this Council did not lower the flag for their funerals. All of these five former Prime Ministers, Mr. Mayor, had given their lives to the service of their country. We did not lower the Union Flag for their funerals, albeit privately funded, and we have done nothing different today. We have followed the Council protocol and reserved the lowering of the Union Flag only for the Royal Family.”

Councillor D. O’Brien asked the following question:

“With some households in Nuneaton and Bedworth receiving unto and above £1000 per week in benefits does he join with me congratulating the government for putting a maximum amount of £500 per week that any household can receive in benefits? “

Councillor Harvey responded as follows:

“Mr. Mayor, in replying to Councillor O’Brien, could I first make it clear that neither I, nor the controlling Labour Group, have any time for benefit cheats and this Council takes full legal proceedings against anyone found to be falsely claiming.

In relation to the cap, those affected tend to be larger families. The cap is only applied to Housing Benefit and the local authority takes the biggest impact of the cap and could well be badly affected by an ‘increase’ in rent arrears. 46 households will be affected by the cap in Nuneaton and Bedworth but the vast majority of them are not receiving £1,000 per week at the moment. The cap will not come into effect in this area until later this year.

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That being said, of course I believe that working people should be rewarded by decent wages and so be keen to find a job, instead of finding that the minimum wage has only been increased by a measly 12p this month. That is, of course, assuming jobs were there to be had.

Many people on benefits are not so lucky as to be able to go out to work even if they wanted to, Mr. Mayor. People suffering in areas of high unemployment cannot just ‘get on their bike’ to travel south and, if they did, they would find still higher housing costs and where they currently reside.

Rent levels alone, in London for instance, mean that £500 here may be totally insufficient to cover a family’s needs in the capital.

What I do know, Mr. Mayor, is that April, 2013 sees the divide in our society being opened into a chasm, with the rich becoming yet richer and the poor being made deliberately poorer.

The average British family will be £891 worse off this year because of tax and benefit changes since 2010, to say nothing of the many public services they have lost as a result of cuts.

In contrast, this month also saw 13,000 millionaires getting a tax cut of £100,000 each, almost 650 top bankers getting a combined tax cut of at least £34 million and most members of the Cabinet, which is largely made up of millionaire, dramatically increasing their take home pay, as a result of George Osborne’s measures designed to ensure that ‘we are all in this together’.

So if £500 is sufficient for any family in Britain, whatever their circumstances, Mr. Mayor, why do the Cabinet millionaires need more?”

450 Special Urgency Decisions

Councillor Harvey reported on the urgent decisions taken by Cabinet/Officer delegation during March/April, 2013 under the special urgency rule.

RESOLVED that the report be noted.

451 Urgent Decisions

Councillor Harvey reported on the operation of the provisions relating to call-in and urgency, done on an annual basis.

RESOLVED that the report be noted.

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452 Cabinet

Councillor Harvey submitted his report on behalf of Cabinet highlighting several issues which had been dealt with since the last meeting.

Several questions were raised to which Councillor Harvey or the appropriate Cabinet Member gave a response.

RESOLVED that the report be noted.

453 Overview and Scrutiny Panels

The annual reports of the Chairs of the following Scrutiny Panels appraising members of the work of the Panels during the past year were considered:

(a) Economic and Corporate Overview and Scrutiny Panel – Councillor B.L. Hawkes (b) Housing, Health and Communities Overview and Scrutiny Panel - Councillor S. Doughty (c) Planning and Environment Overview and Scrutiny Panel – Councillor D. Navarro

RESOLVED that the reports be noted.

454 Recommendations from Cabinet or Other Committees

(a) Gifts and Hospitality Policy

Councillor J. Glass, Chair of Standards Committee reported on the recommendations made by Standards Committee at its meeting on the 12th March regarding the above.

RESOLVED that the Constitution be amended accordingly.

(b) Access to Information

Councillor J. Glass, Chair of Standards Committee reported on the recommendations made by Standards Committee at its meeting on the 12th March regarding the above.

RESOLVED that the Constitution be amended accordingly.

Council Meeting - 15th May, 2013 18 - 295 -

455 Political Balance - Allocation of Seats on Committees

Following the resignation of two members of the Conservative Group, the Council needed to review its allocation of seats on the various committees.

RESOLVED that allocations detailed below be approved.

Ind Ind Group A Group B Committee/Overview Total Labour Conservative (Cllrs Cllrs and Member- N.G. Grant M.P. Grant Scrutiny Panels ship & K.A. & W.H. Kondakor) Sheppard)

Seats to Allocate 59 15 5 5 84

Cabinet 6 6

Economic and 7 1 1 0 9 Corporate Overview and Scrutiny Panel Environment and 6 2 0 1 9 Planning Overview and Scrutiny Panel Housing, Health and 7 2 0 1 10 Communities Overview and Scrutiny Panel Audit Committee 5 1 0 1 7 (+ 2 Ind. Mem.) * Standards 8 2 1 0 11 (+ Ind Mem) Planning Applications 9 2 1 1 13 Licensing 10 3 1 1 15 Appeals 7 2 1 0 10

TOTALS 59 15 5 5 84

Council Meeting - 15th May, 2013 19 - 296 -

456 Courtesies

Councillor D. Harvey, Leader of the Council thanked the Mayor, Councillor J. Haynes, for the fair and able way he had conducted Council meetings during his year of office

Councillor D. O’Brien also thanked the Mayor and said that the Conservative Group had appreciated the way in which Council meetings had been conducted during his year of office.

______Mayor

Council Meeting - 15th May, 2013 20 AGENDA ITEM NO. 10 (SCHEME OF DELEGATION)

3. TERMS OF REFERENCE FOR INDIVIDUAL PORTFOLIOS

Finance and Civic Affairs

In the Council’s Corporate Plan, the Aims and Priorities of particular importance to this portfolio holder are:

Aim 1 – To improve the quality of life and social justice for residents so it is much closer to that enjoyed by the rest of Warwickshire.

Priority 2 -To create a healthy, diverse and robust economy which provides employment opportunities for local people.

Priority 4 -To develop a confident, cohesive and diverse community.

Aim 2 – To work in partnership to reduce the level of crime and disorder so that the community is and feels safer.

Priority 1 - Dealing with anti-social behaviour with Anti-Social Behaviour Orders (ASBOs) and diversion activities to engage with youngsters.

Priority 2 - Environmental improvements and support for selective CCTV to reduce fear of crime.

Aim 4 – To provide quality services which represent value for money.

Priority 1 - To continue to improve the performance and quality of key services.

Priority 3 - To use value for money procedures to test the way all services are delivered Terms of Reference  Strategic policy - including the overall responsibility for new initiatives and the Council’s Corporate Plan and Community Plan.  Budgetary and financial control of the Council.  Overall responsibility for best value.  Council tax and non-domestic rates.  Corporate finance policies.  Housing benefits.  Council procedural rules.  Grants to voluntary organisations.  Mayoralty and civic hospitality.  Town twinning.  Civic Events and Liaison  Internal audit.  Insurance.  Treasury management.  Debtors. 3 - 1 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 21

 The Council’s land and property portfolio.  Town centres management, including pedestrianisation, markets and street trading.  Communities community safety and crime prevention  Anything not falling within any other portfolio holders terms of reference

Job Description  As leader of the Council, fulfil all roles required of him/her.  Chair the Cabinet.  Oversee and have responsibility for all aspects of his/her terms of reference that affect the borough, its residents or its stakeholders.  Monitor the Council's financial position  Ensure the efficiency, effectiveness and economy in relation to the services within his/her terms of reference.

Within the matters of his/her terms of reference, monitor budgets, service development plans, best value and establishment change.

Planning and Development

In the Council’s Corporate Plan the Aims and Priorities of particular importance to this portfolio holder are :

Aim 1 – To improve the quality of life and social justice for residents so it is much closer to that enjoyed by the rest of Warwickshire. Priority 1 - To provide a choice of housing to meet the needs of the residents of the Borough.

Priority 2 - To create a healthy, diverse and robust economy which provides employment opportunities for local people.

Aim 4 – To provide quality services which represent value for money’.

Priority 1 - To continue to improve the performance and quality of key services.

Terms of Reference  Economic development and regeneration of the borough.  Tourism.  Planning policy including supplementary planning guidance, policy statements and heritage matters.  The designation of nature reserves, conservation areas, listed buildings etc.  Highways (any agency function delegated by Warwickshire County Council).  Car parks and bus shelters.  CCTV and security.  Street names.

3 - 2 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 22

 Abandoned vehicles.  Land drainage.  Overall responsibility for the Borough Plan and Local Development Framework  Amenity lighting.

Job Description  Oversee and have responsibility for all aspects of his/her terms of reference that affect the borough, its residents or its stakeholders.  Promote and encourage the economic development and regeneration of the borough.  Develop and review priority neighbourhood strategies for creating and sustaining employment opportunities.  Promote and encourage tourism in the borough.  Ensure the efficiency, effectiveness and economy in relation to the services within his/her terms of reference.

Within the matters under his/her terms of reference, monitor budgets, service development plans, best value and establishment change.

Housing

In the Council’s Corporate Plan Key Aims and Priorities of particular importance to this portfolio holder are:

Aim 1 – To improve the quality of life and social justice for residents so it is much closer to that enjoyed by the rest of Warwickshire.

Priority 1 - To provide a choice of housing to meet the needs of the residents of the Borough.

Aim 2 – To work in partnership to reduce the level of crime and disorder so that the community is and feels safer’.

Priority 3 - Management of housing tenancies and use of licensing powers to deal with known problems.

Aim 4 – To provide quality services which represent value for money’.

Priority 1 -To continue to improve the performance and quality of key services.

Terms of Reference  Housing strategy.  Housing needs of the borough.  Social housing stock.  Council housing stock – including estates management and rent collection.

3 - 3 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 23  Housing related support services.  Specialist housing.  Housing advice and homelessness.  Grants for disabled residents.  Tenant participation.  Private sector accommodation.  Maintenance of Council housing stock, including stores and out of hours call out.

Job Description  Oversee and have responsibility for all aspects of his/her terms of reference that affect the borough, its residents, or its stakeholders.  Assess and keep under review the housing needs of the area, and secure so far as possible a provision of housing stock that meets that need.  Oversee the Council’s housing stock.  Fulfil the Council’s statutory obligations in regard to homelessness.  Undertake the provision of grants for renovation and for the adaptation of property for disabled people.  Ensure the efficiency, effectiveness and economy in relation to the services within his/her terms of reference.

Within the matters of his/her terms of reference, monitor budgets, service development plans, best value and establishment change.

Health & Environment

In the Council’s Corporate Plan the Key Aims and Prioritiesof particular importance to this portfolio holder are:

Aim 1 – To improve the quality of life and social justice for residents so it is much closer to that enjoyed by the rest of Warwickshire.

Priority 3 - To work in partnership to improve health and reduce health inequalities for residents in the Borough.

Aim 2 – To work in partnership to reduce the level of crime and disorder so that the community is and feels safer.

Priority 2 - Environmental improvements and support for selective CCTV to reduce fear of crime.

Aim 3 – To provide a pleasant environment for those living, working and visiting the Borough.

Priority 1 - To create a greener and cleaner environment.

Priority 2 - To lead in environmental issues addressing climate change and protection of the environment.

3 - 4 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 24

Aim 4 – To provide quality services which represent value for money.

Priority 1 - To continue to improve the performance and quality of key services.

Terms of Reference  Health and safety of workplaces in the borough.  Food hygiene and food safety.  Pollution – including noise on land in the air and water.  Public health – drainage, sanitation and accumulations of rubbish.  Local Agenda 21 issues.  Health promotions and taking health inequality.  Waste collection, recycling and litter control.  Pest control.  Dog fouling and strays.  Transport.  Public conveniences.

Job Description  Oversee and have responsibility for all aspects of his/her terms of reference that affect the borough, its residents or its stakeholders.  Promote matters within his/her terms of reference.  Develop an integrated programme of work to improve the health and well being of local people.  Ensure the efficiency, effectiveness and economy in relation to the services within his/her terms of reference, including enforcement and statutory functions.

Within the matters of his/her terms of reference, monitor budgets, service development plans, best value and establishment change.

Central Services

In the Council’s Corporate Plan the Key Aims and Priorities of particular importance to this portfolio holder are:

Aim 4 – To provide quality services which represent value for money.

Priority 1 - To continue to improve the performance and quality of key services.

Priority 2 - To improve access arrangements for all Council services and the way that those who use them are treated.

3 - 5 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 25 Terms of Reference  Human Resource Services, including payroll, personnel, health and safety, training of employees, and equal opportunities.  Legal and Democratic Support Services including support to Members and committees, electoral registration and elections, licensing and public entertainment and legal services.  Information Technology and Communications including the Council’s information and communications system, printing, telecommunications, delivery systems and graphic design.  Marketing and promotion of the Council's activities, services and events.  Corporate property maintenance, cleaning and servicing (e.g. Town Hall, Riverside, Council House, Depot, etc.) including porters and refreshments.  Corporate Customer Services.  Transformation Agenda.  Equalities.

Job Description  Oversee and have responsibility for all aspects of his/her terms of reference that affect the Borough, its residents or its stakeholders.  Promote equality of opportunity and work towards the elimination of unfair discrimination  Promote the effective deployment of Information and Communication Technology.  Ensure the efficiency, effectiveness and economy in relation to the services within his/her terms of reference.

Within the matters of his/her terms of reference, monitor budgets, service development plans, best value and establishment change.

Arts and Leisure

In the Council’s Corporate Plan the Key Aims and Priorities of particular importance to this portfolio holder are:

Aim 1 – To improve the quality of life and social justice for residents so it is much closer to that enjoyed by the rest of Warwickshire.

Priority 3 - To work in partnership to improve health and reduce health inequalities for residents in the Borough.

Aim 2 – To work in partnership to reduce the level of crime and disorder so that the community is and feels safer.

Priority 1 - Dealing with anti-social behaviour with Anti-Social Behaviour Orders (ASBOs) and diversion activities to engage with youngsters.

Aim 3 – To provide a pleasant environment for those living, working and visiting the Borough.

3 - 6 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 26

Priority 1 - To create a greener and cleaner environment.

Aim 4 – To provide quality services which represent value for money.

Priority 1 - To continue to improve the performance and quality of key services.

Terms of Reference  Parks and amenities.  Leisure strategy.  Community leisure centres.  Cemeteries.  Playground inspections.  Britain in Bloom  Public open spaces, playing fields, play areas and recreation grounds.  Civic Hall, Museums and Art Galleries.  Allotments and leisure gardens.  Grounds maintenance (e.g. open spaces, play areas, playing fields, recreation grounds, parks and gardens, etc.

Job Description  Oversee and have responsibility for all aspects of his/her terms of reference that affect the borough, its residents or its stakeholders.  Promote events and activities within his/her terms of reference  Enhance opportunities for sports, leisure and recreational activities at an affordable price.  Maintain leisure, sports recreational, arts and cultural facilities within the borough.  Maintain and develop the Passport to Leisure scheme.  Ensure the efficiency and effectiveness and economy in relation to the services within his/her terms of reference.

Within the matters of his/her terms of reference, monitor budgets, service development plans, best value and establishment change.

3 - 7 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 27 3A. RESPONSIBILITY FOR LOCAL CHOICE FUNCTIONS

Item Decision Making Body Any function under a local Act other than a Full Council function specified or referred to in regulation 2 or Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 The determination of an appeal against any Appeals Committee decision made by or on behalf of the authority The appointment of review boards under Full Council regulations under subsection (4) of section 34 (determination of claims and reviews) of the Social Security Act 1998 The making of arrangements pursuant to County function subsection (1) of section 67 of, and Schedule 18 to, the 1998 Act (appeals against exclusion of pupils) The making of arrangements pursuant to County function section 94(1) (1A) and (4) of, and Schedule 24 to, the 1998 Act (admission appeals) The making of arrangements pursuant to County function section 95(2), the 1998 Act (children to whom section 87 applies; appeals by governing bodies) The making of arrangements under section 20 County function (questions on police matters at Council meetings) of the Police Act 1996 for enabling questions to be put on the discharge of the functions of a police authority The making of appointments under paragraphs County function 2 to 4 (appointment of Members by relevant Councils) of Schedule 2 (police authorities established under section 3) to the Police Act 1996 The conducting of best value reviews in Overview & Scrutiny Panels accordance with the provisions of any order for conducting Reviews and the time being having effect under section 5 making recommendations to (best value reviews) of the Local Government Full Council for decision. Act 1999 Any function relating to contaminated land Cabinet and Assistant Director – Planning and

Council Meeting - 15th May, 2013 28 Public Protection The discharge of any function relating to the Cabinet and Assistant control of pollution or the management of air Director – Planning and quality Public Protection The service of an abatement notice in respect Assistant Director – Planning of a statutory nuisance and Public Protection and Assistant Director - Housing The passing of a resolution that Schedule 2 to Cabinet the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area The inspection of the authority’s area to detect Assistant Director – Planning any statutory nuisance and Public Protection and Assistant Director - Housing The investigation of any complaint as to the Assistant Director – Planning existence of a statutory nuisance and Public Protection and Assistant Director - Housing The obtaining of information under section 330 Head of Development Control of the Town and Country Planning Act 1990 as to interests in land The obtaining of particulars of persons All Assistant Directors interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 The making of agreements for the execution of Assistant Director – Assets highways works and Street Scene

The appointment of any individual: Full Council or, if Article 4.3(f) (a) to any office other than an office in applies, the Cabinet 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

3 - 9 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 29 3B. RESPONSIBILITY FOR COUNCIL FUNCTIONS

List of functions which cannot be discharged by the Executive

N.B. Where appropriate, functions in this table include the imposition of conditions, limitations, restrictions or other terms on any approval, consent, licence, permission or registration; amending, deleting and revoking the same; and dealing with enforcement of such functions.

nb.

"TCPA90" = Town and Country Planning Act 1990 "LBA90" = Planning (Listed Buildings and Conservation Areas) Act 1990 "TCP" = Town and Country Planning "LGA" = Local Government Act "LAFRER" = Local Authorities (Functions and Responsibilities) (England) Regulations 2000 "LGMPA" = Local Government (Miscellaneous Provisions) Act "Pigs Order" = Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11) "RPA" = Representation of the People Act. “LGPIH” = Local Government and Public Involvement in Health Act 2007

Statutory Provision Function Who Discharges S.18 Local Government and Making, amending, revoking or replacing a scheme Full Council Housing Act 1989 for Members allowances and fixing the rate of allowances thereunder. Ss.3(5), 5(4), 173, 175 LGA '72 Determining miscellaneous Member allowances. Full Council Regulation 2(5) LAFRER Whether and what amount of charge should be The relevant body or made for any approval, consent, licence, permit or person according to the registration which is not an executive function. function involved S.102 LGA 1972 Appointments to committees. Full Council

3 - 10 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 30 Regulation 2(11) LAFRER Any function of a local authority expressed in Full Council previous legislation as being only by an authority. The Gambling Act 2005 Final approval of three year licensing policy. Full Council Policy not to permit casinos. Full Council A. Functions Relating to Town and Country Planning and Development Control 1..... Planning Applications Committee

2..... Planning Applications Committee 3..... Planning Applications Committee 4..... Planning Applications Committee S 70(1)(a) and (b) and S 72, 5. Power to determine application for planning Planning Applications TCPA90(c8) permission. Committee S 73, TCPA90. 6. Power to determine applications to develop Planning Applications land without compliance with conditions Committee previously attached. S 73A, TCPA90. 7. Power to grant planning permission for Planning Applications development already carried out. Committee S 70A, TCPA90. 8. Power to decline to determine application for Planning Applications planning permission. Committee Ss 69, 76 and 92, TCPA90 and 9. Duties relating to the making of determinations Planning Applications Articles 8, 10 to 13, 15 to 22 and 25 of planning applications. Committee and 26, TCP (General Development Procedure) Order 1995 and directions thereunder. S 316, TCPA90 and TCP General 10. Power to determine application for planning Planning Applications 3 - 11 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 31 Regulations 1992. permission made by a local authority, alone or Committee jointly with another person. Parts 6, 7, 11, 17, 19 to 24, 26, 30 11. Power to make determinations, give approvals Planning Applications and 31 of Schedule 2 to the TCP and agree certain other matters relating to the Committee (SGeneral Permitted Development) exercise of permitted development rights. Order 1995. S 106, TCPA90. 12. Power to enter into agreement regulating Planning Applications development or use of land. Committee Ss 191(4) and 192(2), TCPA90 13. Power to issue a certificate of existing or Planning Applications proposed lawful use or development. Committee S 94(2), TCPA90. 14. Power to serve a completion notice. Planning Applications Committee S 220, TCPA90 and TCP (Control of 15. Power to grant consent for the display of Planning Applications Advertisements) Regulations 1992. advertisements. Committee S 196A, TCPA90. 16. Power to authorise entry onto land. Planning Applications Committee S 102, TCPA90. 17. Power to require the discontinuance of a use of Planning Applications land. Committee Ss 171C, 187A and 183(1) TCPA90. 18. Power to serve a planning contravention Planning Applications notice, breach of condition notice or stop Committee notice. Section 171E, TCPA90 18a Power to issue a temporary stop notice Planning Applications Committee S 172, TCPA90. 19. Power to issue an enforcement notice. Planning Applications Committee S 187B, TCPA90 20. Power to apply for an injunction restraining a Planning Applications breach of planning control. Committee Ss 9(1) and 10, Planning 21. Power to determine applications for hazardous Planning Applications (Hazardous Substances) Act 1990. substances consent, and related powers. Committee 3 - 12 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 32 Para. 2(6)(a) of, and Schedule 2 to 22. Duty to determine conditions to which old Planning Applications the Planning and Compensation Act mining permissions, relevant planning Committee 1991, para. 9(6) of Schedule 13, permissions relating to dormant sites or active Environment Act 1995 and Phase I or II sites, or mineral permissions paragraph 6(5) of Schedule 14 to relating to mining sites, as the case may be, that Act. are to be subject. S 215(1), TCPA90. 23. Power to require proper maintenance of land. Planning Applications Committee Ss 16(1) and (2), 17, ..... and 33(1), 24. Power to determine application for listed Planning Applications LBA90 building consent, and related powers Committee S 16(1), LBA90, as applied by S 25. Power to determine applications for Planning Applications 74(3) of that Act conservation area consent. Committee Sections 13(1) and 14(1) and (4) of 26. Duties relating to applications for listed building Planning Applications the LBA90 and regulations 3 to 6 consent and conservation area consent. Committee and 13, of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (SI 1990/1519) and paragraphs 8, 15 and 26 Department of the Environment, Transport and the Regions Circular 01/01. Ss 3(1) and 4(1), LBA90. 27. Power to serve a building preservation notice, Planning Applications and related powers. Committee S 38, LBA90 28. Power to issue enforcement notice in relation Planning Applications to demolition of a [listed] building in Committee conservation area. Ss 47 and 48, LBA90 29. Powers to acquire a listed building in need of Planning Applications repair and to serve a repairs notice. Committee S 44A, LBA90 30. Power to apply for an injunction in relation to a Planning Applications 3 - 13 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 33 listed building. Committee S 54, LBA90 31. Power to execute urgent works. Planning Applications Committee B. Licensing and Registration Functions S 3(3) Caravan Sites and Control of 1. Power to issue licences authorising the use of Planning Applications Development Act 1960 land as a caravan site (“site licences”). Committee S 269(1) Public Health Act 1936 2. Power to license the use of moveable dwellings Planning Applications and camping sites. Committee 14. as to hackney carriages, the 3. Power to license hackney carriages and private Licensing Committee Town Police Clauses Act 1847 as hire vehicles. extended by S.171 Public Health Act 1875, and S.15 Transport Act 1985 and Ss. 47, 57, 58, 60 and 79 LGMPA 1976; (b) as to private hire vehicles, Ss. 48, 57, 58, 60 and 79 LGMPA1976. Ss 51, 53, 54, 59, 61 and 79 4. Power to license drivers of hackney carriages Licensing Committee LGMPA 1976. and private hire vehicles. Ss 55 to 58, 62 and 79 LGMPA 5. Power to license operators of hackney Licensing Committee 1976. carriages and private hire vehicles. Sched 2, Betting, Gaming and 6. Power to register pool promoters. Licensing Committee Lotteries Act 1963 Sched 3 to the Betting, Gaming and 7. Power to grant track betting licences. Licensing Committee Lotteries Act 1963 Sched 5ZA, Betting, Gaming and 8. Power to license inter-track betting schemes. Licensing Committee Lotteries Act 1963 Sched 9, Gaming Act 1968 9. Power to grant permits in respect of premises Licensing Committee with amusement machines. Schedule 1, Lotteries and 10. Power to register societies wishing to promote Licensing Committee 3 - 14 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 34 Amusements Act 1976 lotteries. Schedule 3, Lotteries and 11. Power to grant permits in respect of premises Licensing Committee Amusements Act 1976 where amusements with prizes are provided.

S 1 Cinema Act 1985 12. Power to issue cinema and cinema club Licensing Committee licences. Ss 12 to 14 Theatres Act 1968 13. Power to issue theatre licences. Licensing Committee Section 12 of the Children and 14. Power to issue entertainments licences. Licensing Committee Young Persons Act 1933 (c 12), section 52 of, and Schedule 12 to, the London Government Act 1963 (c 33), section 79 of the Licensing Act 1964 (c 26), sections 1 to 5 and 7 of, and Parts I and II of the Schedule to, the Private Places of Entertainment (Licensing) Act 1967 (c 19) and Part I of, and Schedules 1 and 2 to, the Local Government (Miscellaneous Provisions) Act 1982 (c 30) Sections 5 to 8 of the Licensing Act 14a Functions relating to licensing Licensing Committee 2003 S.29 of the Gambling 2005 Act 14aa Duty to comply with requirements to provide Licensing Committee information to Gambling Commission S.30 of the 2005 Act 14ab Functions relating to exchange of Licensing Committee information S.39 of the 2005 Act 14ac Functions relating to occasional use notices Licensing Committee S.166 of the 2005 Act 14b Power to resolve not to issue a casino Licensing Committee premises licence.

3 - 15 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 35 S.304 of the 2005 Act 14c Power to designate officer if a licensing Licensing Committee authority as an authorised person for a purpose relating to premises. S.284 of the 2005 Act 14ca Power to make order disapplying section 279 or 282(1) of the 2005 Act in relation to specified premises S.346 of the 2005 Act 14d Power to institute criminal proceedings Licensing Committee S.350 of the 2005 Act 14e Power to exchange information. Licensing Committee The Gambling Act (Premises 14f Functions relating to the determination of fees Licensing Committee Licence Fees) (England and Wales) for premises licences. Regulations 2007 Part 5 of Schedule 11 to the 2005 14g Functions relating to the registration and Licensing Committee Act regulation of small society lotteries. The Gambling Act 2005 14h Determination of application for a variation to a Licensing Committee Licence where representations have been received and not withdrawn. The Gambling Act 2005 14i Determination of application for a transfer of a Licensing Committee Licence where representations have been received from the Commission. The Gambling Act 2005 14j Determination of application for a provisional Licensing Committee Statement where representations have been received and not withdrawn. The Gambling Act 2005 14k Review of a premises licence. Licensing Committee The Gambling Act 2005 14l Application for club gaming/club machine Licensing Committee permits where objections have been made and not withdrawn. The Gambling Act 2005 14m Cancellation of club gaming/club machine Licensing Committee permits. The Gambling Act 2005 14n Decision to give a counter notice to a Licensing Committee 3 - 16 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 36 temporary use notice. The LGMPA 1982, S.2 and Sched 3. 15. Power to license sex shops and sex cinemas. Licensing Committee The Hypnotism Act 1952 16. Power to license performances of hypnotism. Licensing Committee Ss.13 to 17, LGMPA 1982. 17. Power to license premises for acupuncture, Assistant Director – tattooing, ear-piercing and electrolysis. Regeneration and Public Protection S.94 Public Health Acts 18. Power to license pleasure boats and pleasure Assistant Director – Amendment Act 1907 vessels. Regeneration and Public Protection Paras 1(2) and 9 of Sched 12 to the 19. Power to register door staff. N/a London Govt Act 1963 and Part V of London Local Authorities Act 1995. Part III of, and Schedule 4 to, the 20. Power to license market and street trading. Full Council Local Government (Miscellaneous Provisions) Act 1982, Part III of the London Local Authorities Act 1990 (c vii) and section 6 of the London Local Authorities Act 1994 (c xii) Section 2 of the Late Night 21. Power to license night cafes and take-away Assistant Director – Refreshment Houses Act 1969 food shops. Regeneration and (c 53), Part II of the London Local Public Protection Authorities Act 1990 and section 5 of the London Local Authorities Act 1994 Ss. 3(1)(b)(ii), 5, 6 and 11, Poisons 22. Duty to keep list of persons entitled to sell non- County Act 1972 medicinal poisons. Ss 5, 6, 17, 18 and 21 to 23 Game 23. Power to license dealers in game and the Assistant Director – Act 1831, ss 2 to 16, Game killing and selling of game. Regeneration and Licensing Act 1860, s 4 Customs Public Protection 3 - 17 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 37 and Inland Revenue Act 1883, ss 12(3) and 27 LGA 1874 and s 213 LGA 1972 S 19 Food Safety Act 1990 24. Power to register and license premises for the Assistant Director – preparation of food. Regeneration and Public Protection S 1 Scrap Metal Dealers Act 1964 25. Power to license scrap yards. Assistant Director – Regeneration and Public Protection The Safety of Sports Grounds Act 26. Power to issue, amend or replace safety County 1975 certificates (whether general or special) for sports grounds. Part III, Fire Safety and Safety of 27. Power to issue, cancel, amend or replace County Places of Sport Act 1987 safety certificates for regulated stands at sports grounds. S 5 Fire Precautions Act 1971 28. Power to issue fire certificates. County

S 1 Breeding of Dogs Act 1973 and 29. Power to license premises for the breeding of Assistant Director – S 1 Breeding and Sale of Dogs dogs. Regeneration and (Welfare) Act 1999 Public Protection S 1 Pet Animals Act 1951; S 1 30. Power to license pet shops and other Assistant Director – Animal Boarding Establishments Act establishments where animals are bred or Regeneration and 1963; the Riding Establishments kept for the purposes of carrying on a Public Protection Acts 1964 and 1970; S 1 Breeding business. of Dogs Act 1973, and Ss 1 and 8 Breeding and Sale of Dogs (Welfare) Act 1999 S 1 Performing Animals (Regulation) 31. Power to register animal trainers and County Act 1925 exhibitors. 3 - 18 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 38 S 1 Zoo Licensing Act 1981 32. Power to license zoos. Licensing Committee S 1 Dangerous Wild Animals Act 33. Power to license dangerous wild animals. Assistant Director – 1976 Regeneration and Public Protection S 4 Slaughterhouses Act 1974 and 34. Power to license knackers’ yards. Assistant Director – Animal By-Products Order 1999. Regeneration and Public Protection Part II Children and Young 35. Power to license the employment of children. County Persons Act 1933, byelaws thereunder, and Part II Children and Young Persons Act 1963 S 46A Marriage Act 1949 and 36. Power to approve premises for the County Marriages (Approved Premises) solemnisation of marriages. Regulations 1995

Regulation 6 Commons 37. Power to register common land or town or County Registration (New Land) village greens, except where the power is Regulations 1969 exercisable solely for the purpose of giving effect to (a) an exchange of lands effected by an order under S.19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 or (b) an order under S.147 Inclosure Act 1845 Regulation 29 Commons 38. Power to register variation of rights of common. County Registration (General) Regulations 1966 S 5 Police, Factories etc. 39. Power to license persons to collect for Licensing Committee Miscellaneous Provisions Act 1916 charitable and other causes. and S.2 House to House Collections 3 - 19 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 39 Act 1939 Sched 2, Noise and Statutory 40. Power to grant consent for the operation of a Assistant Director – Nuisance Act 1993 loudspeaker. Regeneration and Public Protection S 50 New Roads and Street Works 41. Power to grant a street works licence. County Act 1991 S 2 Nurses Agencies Act 1957 42. Power to license agencies for the supply of County nurses. Article 12 Pigs Order 1995 43. Power to issue licences for the movement of County pigs. Article 13 Pigs Order 1995 44. Power to license the sale of pigs. County Article 14 Pigs Order 1995 45. Power to license collecting centres for the County movement of pigs. Article 5(2) Cattle Identification 46. Power to issue a licence to move cattle from a County Regulations 1998 market. Sections 115E, 115F and 115K of 46a Power to grant permission for provision, etc. of Assistant Director – the Highways Act 1980 services, amenities, recreation and Asset Management and refreshment facilities on highway, and related Street Scene powers. S 139 Highways Act 1980 47. Power to permit builder’s skip on highway. County Section 115G of the Highways Act 47a Duty to publish notice in respect of proposal to Assistant Director – 1980 grant permission under section 115E of the Asset Management and Highways Act 1980. Street Scene S 142 Highways Act 1980. 48. Power to license planting, retention and County maintenance of trees etc. in part of highway. S 147 Highways Act 1980. 49. Power to authorise erection of stiles etc. on County footpaths or bridleways. S 169 Highways Act 1980. 50. Power to license works in relation to buildings County etc. which obstruct the highway. 3 - 20 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 40 S 171 Highways Act 1980. 51. Power to consent to temporary deposits or County excavations in streets. S 172 Highways Act 1980. 52. Power to dispense with obligation to erect County hoarding or fence. S 178 Highways Act 1980. 53. Power to restrict the placing of rails, beams etc. County over highways. S 179 Highways Act 1980 54. Power to consent to construction of cellars etc. County under street. S 180 Highways Act 1980. 55. Power to consent to the making of openings County into cellars etc. under streets, and pavement lights and ventilators. S 1 Celluloid and Cinematograph 56. Power to sanction use of parts of buildings for County Film Act 1922 storage of celluloid. Regs. 4 and 5 Meat Products 57. Power to approve meat product premises. Assistant Director – (Hygiene) Regulations 1994 Regeneration and Public Protection Regulation 4 Minced Meat and 58. Power to approve premises for the production Assistant Director – Meat Preparations (Hygiene) of minced meat or meat preparations. Regeneration and Regulations 1995 Public Protection Regs. 6 and 7 Dairy Products 59. Power to approve dairy establishments. Assistant Director – (Hygiene) Regulations 1995 Regeneration and Public Protection Regulation 5 Egg Products 60. Power to approve egg product establishments. Assistant Director – Regulations 1993 Regeneration and Public Protection Schedule 1A to the Food Safety 61. Power to issue licences to retail butchers' Assistant Director – (General Food Hygiene) shops carrying out commercial operations in Regeneration and Regulations 1995 relation to unwrapped raw meat and selling or Public Protection supplying both raw meat and ready-to-eat 3 - 21 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 41 foods. Regulation 24 Food Safety 62. Power to approve fish products premises. Assistant Director – (Fishery Products and Live Regeneration and Shellfish) (Hygiene) Regulations Public Protection 1998 Regulation 11 Food Safety 63. Power to approve dispatch or purification Assistant Director – (Fishery Products and Live centres. Regeneration and Shellfish) (Hygiene) Regulations Public Protection 1998. Regulation 21 Food Safety 64. Power to register fishing vessels on board Assistant Director – (Fishery Products and Live which shrimps or molluscs are cooked. Regeneration and Shellfish) (Hygiene) Regulations Public Protection 1998. Regulation 24 Food Safety 65. Power to approve factory vessels and fishery Assistant Director – (Fishery Products and Live product establishments. Regeneration and Shellfish) (Hygiene) Regulations Public Protection 1998. Regulation 26 Food Safety 66. Power to register auction and wholesale Assistant Director – (Fishery Products and Live markets. Regeneration and Shellfish) (Hygiene) Regulations Public Protection 1998. Regulation 5 Food Premises 67. Duty to keep register of food business Assistant Director – (Registration) Regulations 1991 premises. Regeneration and Public Protection Regulation 9 Food Premises 68. Power to register food business premises. Assistant Director – (Registration) Regulations 1991 Regeneration and Public Protection Ss. 16 to 19 and 21 London Local 69. Power to issue near beer licence. n/a Authorities Act 1995 3 - 22 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 42 S.28 Greater London Council 70. Power to register premises or stalls for the sale n/a (General Powers) Act 1984 of goods by way of competitive bidding. Part 1 of the Vehicles (Crime) Act 71. Power to register motor salvage operators Assistant Director – 2001 Regeneration and Public Protection Part I of the Commons Act 2006 (c 72. Functions relating to the registration of 26) and the Commons registration common land and town or village greens. (England) Regulations 2008

C. Functions Relating to Heath and Safety at Work Part I Health and Safety at Work etc Functions under any of the “relevant statutory Assistant Director – Act 1974 provisions” within the meaning of Part I (health, Regeneration and safety and welfare in connection with work, and Public Protection control of dangerous substances) of the Health and Safety at Work etc Act 1974, to the extent that those functions are discharged otherwise than in the authority’s capacity as an employer. D. Functions Relating to Elections Section 8(2) RPA 1983 1. Duty to appoint an Electoral Registration Full Council Officer. Section 52(4) RPA 1983 2. Power to assign officers in relation to Full Council requisitions of the registration officer. Part II Local Government and Rating 3. Functions in relation to parishes and parish Full Council Act 1997 and subordinate legislation Councils. under that Part Section 10 LGA 1972 4. Power to dissolve small parish Councils Full Council Section 11 LGA 1972 5. Power to make orders for grouping parishes, Full Council dissolving groups and separating parishes from groups. 3 - 23 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 43 Section 35 RPA 1983 6. Duty to appoint Returning Officer for local Full Council government elections. Para. 6(7) and (8) of European 7. Duty to provide assistance at European Full Council Parliamentary Elections Act 2002 Parliamentary elections. Section 18A to 18E of, and 8. Duty to divide constituency into polling districts. Full Council Schedule A1 to RPA 1983 Section 31 RPA 1983 9. Power to divide electoral divisions into polling Full Council districts at local government elections. Section 39(4) RPA 1983 10. Powers in respect of holding of elections Full Council Section 54 RPA 1983 11. Power to pay expenses properly incurred by Full Council Electoral Registration Officers. Section 21 RPA 1985 12. Power to fill vacancies in the event of Full Council insufficient nominations Section 86 LGA 1972 13. Duty to declare vacancy in office in certain Head of Paid Service cases Monitoring Officer Section 87 LGA 1972 14. Duty to give public notice of a casual vacancy Head of Paid Service Monitoring Officer Section 91 LGA1972 15. Power to make temporary appointments to Full Council parish Councils. Section 10 RPA 2000 16..... Full Council Section 10 of the Representation of 17. Power to submit proposals to the Secretary of Full Council the People Act 2000 State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000. LGPIH Sections 33(2), 38(2) and 18. Duty to consult on change of scheme for Full Council 40(2) of the 2007 Act elections. Sections 35, 41 and 52 of the 2007 19. Duties relating to publicity. Head of Paid Service Act Monitoring Officer 3 - 24 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 44 Sections 36 and 42 of the 2007 Act 20. Duties relating to notice to Electoral Head of Paid Service Commission. Monitoring Officer Section 53 of the 2007 Act 21. Power to alter years of ordinary elections of Full Council parish councillors. Section 59 of the 2007 Act 22. Functions relating to change of name of Full Council electoral area. E. Functions Relating to Name and Status of Areas and Individuals Section 74 LGA 1972 1. Power to change the name of a county, district Full Council or London Borough. Section 75 LGA 1972 2. Power to change the name of a parish. Full Council Section 249 LGA 1972 3. Power to confer title of Honorary Alderman or Full Council to admit to be an honorary freeman. Section 245b LGA 1972 4. Power to petition for a charter to confer Full Council borough status. EA. Functions relating to changing governance arrangements EB. Functions Relating to Community Governance Section 79 of the 2007 Act 1. Duties relating to community governance Full Council reviews. Sections 80, 83 to 85 of the 2007 2. Functions relating to community governance Full Council Act petitions. Sections 81(4) to (6) 3. Functions relating to terms of reference of Full Council review. Section 82 of the 2007 Act 4. Power to undertake a community governance Full Council review. Sections 87 to 92 of the 2007 Act 5. Functions relating to making of Full Council recommendations Section 93 to 95 of the 2007 Act 6. Duties when undertaking review. Full Council

3 - 25 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 45 Section 96 of the 2007 Act 7. Duty to publicise outcome of review. Head of Paid Service Monitoring Officer Section 98(1) of the 2007 Act 8. Duty to send two copies of order to Secretary Full Council of State and Electoral Commission. Section 99 of the 2007 Act 9. Power to make agreements about incidental Full Council matters. F. Power to make, amend, revoke, re-enact or enforce byelaws Any provision of any enactment Power to make, amend, revoke or re-enact Full Council (including a local Act), whenever byelaws. passed, and section 14 of the Interpretation Act 1978 FA. Functions relating to smoke-free premises etc. Section 10(3) of the 2006 Act 1. Duty to enforce Chapter 1 and regulations Assistant Director – made under it. Regeneration and Public Protection Section 10(5) of, and paragraph 1 of 2. Power to authorise officers. Assistant Director – Schedule 2 to, the 2006 Act Regeneration and Public Protection Paragraphs 13, 15 and 16 of 3. Functions relating to fixed penalty notices. Assistant Director – Schedule 1 to the 2006 Act Regeneration and Smoke-free (Vehicle Operators and Public Protection Penalty Notices) regulations 2007 (SI 2006/760) Smoke-free (Premises and 4. Power to transfer enforcement functions to Assistant Director – Enforcement) Regulations 2006 another enforcement authority, Regeneration and (SI 2006/3368) Public Protection G. Power to promote or oppose local or personal Bills Section 239 LGA 1972 Power to promote or oppose local or personal Bills. Full Council

3 - 26 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 46 H. Functions Relating to Pensions etc Regulations under section 7, 12 or 1. Functions relating to local government County 24 Superannuation Act 1972 pensions, etc. Sections 34 and 36 of the Fire and 2. Functions under the Fireman’s Pension County Rescue Services Act 2004 Scheme relating to pensions, etc as respects persons employed by fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004. I. Miscellaneous Functions Part I: Functions Relating to Public Rights of Way S. 25 Highways Act 1980 1. Power to create footpath [bridleway or restricted Planning Applications byway] by agreement. Committee S. 26 Highways Act 1980. 2. Power to create footpaths [bridleways and Planning Applications restricted byways]. Committee S.31A Highways Act 1980. 3. Duty to keep register of information with respect County to maps, statements and declarations. S.118 Highways Act 1980. 4. Power to stop up footpaths [bridleways and Planning Applications restricted byways]. Committee Ss. 118ZA and 118C(2) Highways 5. Power to determine application for Public Path Planning Applications Act 1980. Extinguishment Order. Committee S. 118A Highways Act 1980. 6. Power to make a rail crossing extinguishment Planning Applications order. Committee S. 118B Highways Act 1980. 7. Power to make a Special Extinguishment Order. Planning Applications Committee S. 119 Highways Act 1980. 8. Power to divert footpaths [bridleways and Planning Applications restricted byways]. Committee Ss. 119ZA and 119C(4) Highways 9. Power to make a Public Path Diversion Order. Planning Applications Act 1980. Committee S. 119A Highways Act 1980. 10. Power to make a Rail Crossing Diversion Order. Planning Applications 3 - 27 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 47 Committee S. 119B Highways Act 1980. 11. Power to make a Special Diversion Order. Planning Applications Committee S. 119C(3) Highways Act 1980. 12. Power to require applicant for order to enter into Planning Applications agreement. Committee S. 119D Highways Act 1980. 13. Power to make an SSSI Diversion Order. Planning Applications Committee S. 121B Highways Act 1980. 14. Duty to keep register with respect to applications Assistant Director – under ss. 118ZA, 118C, 119ZA and 119C Asset Management and Highways Act 1980. Street Scene S. 121C Highways Act 1980. 15. Power to decline to determine certain Planning Applications applications. Committee S. 130 Highways Act 1980. 16. Duty to assert and protect the rights of the public County to use and enjoyment of highways. S. 130A Highways Act 1980. 17. Duty to serve notice of proposed action in County relation to obstruction. S. 130B(7) Highways Act 1980. 18. Power to apply for variation of order under County s.130B Highways Act 1980. S. 135 Highways Act 1980. 19. Power to authorise temporary disturbance of County surface of footpath [bridleway or restricted byway]. S. 135A Highways Act 1980. 20. Power temporarily to divert footpath [bridleway County or restricted byway]. S. 135B Highways Act 1980. 21. Functions relating to the making good of County damage and the removal of obstructions. S. 149 Highways Act 1980. 22. Powers relating to the removal of things so County deposited on highways as to be a nuisance. S. 32 Acquisition of Land Act 1981 23. Power to extinguish certain public rights of way. Full Council

3 - 28 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 48 S. 53 Wildlife and Countryside Act 24. Duty to keep definitive map and statement under County 1981 review. S. 53A Wildlife and Countryside Act 25. Power to include modifications in other orders. County 1981. S. 53B Wildlife and Countryside Act 26. Duty to keep register of prescribed information County 1981. with respect to applications under s. 53(5) of the Wildlife and Countryside Act 1981. S.54 Wildlife and Countryside Act 27.Duty to reclassify roads used as public paths. County 1981 S. 57A Wildlife and Countryside Act 28. Power to prepare map and statement by way of County 1981. consolidation of definitive map and statement. S. 3 Cycle Tracks Act 1984 29. Power to designate footpath as cycle track. County S. 294 Housing Act 1981 30. Power to extinguish public right of way over land Planning Applications acquired for clearance. Committee Section 247 of the Town and Country 30a Power to authorise stopping up or diversion of Planning Applications Planning Act 1990 highway Committee S. 257 TCPA90. 31. Power to authorise stopping-up or diversion of Planning Applications footpath [or bridleway or restricted byway]. Committee S. 258 TCPA90. 32. Power to extinguish public rights of way over Planning Applications land held for planning purposes. Committee S.35 Countryside and Rights of Way 33. Power to enter into agreements with respect to County Act 2000 means of access. S. 37 Countryside and Rights of Way 34. Power to provide access in absence of County Act 2000. agreement. Part II: Other Miscellaneous Functions Ss. 1, 2, 10 and 19 Sea Fisheries 35. Functions relating to sea fisheries. County Regulation Act 1966 S. 106 of, and para. 42 of Sched. 12 36. Power to make standing orders. Full Council to, the LGA 1972 3 - 29 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 49 S. 112 LGA 1972. 37. Power to appoint staff, and to determine the Full Council, Head of terms and conditions on which they hold office Paid Service (including procedures for their dismissal). S. 135 LGA 1972. 38. Power to make standing orders as to contracts. Full Council S. 151 LGA1972. 39. Duty to make arrangements for proper Full Council administration of financial affairs etc. S 270(3) LGA 1972. 40. Power to appoint officers for particular purposes Full Council (appointment of “proper officers”). S. 34(2) Wildlife and Countryside 41. Power to make limestone pavement order. County Act 1981. S. 4 LGMPA 1982 42. Power to make closing order with respect to Assistant Director – take-away food shops. Regeneration and Public Protection S. 4(1) Local Government and 43. Duty to designate officer as the head of the Full Council Housing Act 1989 authority’s paid service, and to provide staff, etc. S. 5(1) Local Government and 44. Duty to designate officer as the Monitoring Full Council Housing Act 1989. Officer, and to provide staff, etc. S82A(4) and (5) of the Local 44a Duty to provide staff, etc, to person nominated Full Council Government Act 2000 by monitoring officer Paragraph 12 and 14 of Schedule 3 44b Powers relating to overview and security Full Council to the Local Government Act 2000 committees (voting rights of co-opted members) The Accounts and Audit Regulations 45. Duty to approve authority's statement of Full Council 1996 accounts, income and expenditure and balance sheet, or record of payments and receipts (as the case may be).

The Hedgerows Regulations 1997 46. Powers relating to the protection of important Head of Development hedgerows. Control Ss. 197 to 214D TCPA90, and the 47. Powers relating to the preservation of trees. Planning Applications 3 - 30 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 50 Trees Regulations 1999 Committee Part 8 of the Anti-Social Behaviour 47a Powers relating to complaints about high Head of Development Act 2003 hedges Control S. 92 LGA 2000. 48. Power to make payments or provide other Full Council benefits in cases of maladministration etc. S13(2) of the Criminal Justice and 49. Power to make an order identifying a place as a Full Council Police Act 2001 designated public place for the purposes of police powers in relation to alcohol consumption Section 16 of the Violent Crime 50. Power to make or revoke an order designating a Full Council Reduction Act 2006 (c 38) locality as an alcohol disorder zone. Section 41 of the Commons Act 2006 51. Power to apply for an enforcement order against Full Council unlawful works on common land. Section 45(2) of the Commons Act 52. Power to protect unclaimed registered common Full Council 2006 land and unclaimed town or village greens against unlawful interference. Section 45(2)(b) of the Commons Act 53. Power to institute proceedings for offences in Full Council 2006 respect of unclaimed registered common land and unclaimed town or village greens.

3 - 31 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 51 3C. RESPONSIBILITY FOR EXECUTIVE FUNCTIONS

(a) List of Functions Not To Be The Sole Responsibility of the Executive

Statutory Provision Item Part for Cabinet Part for Full Council Section 1(2) of the Public Annual Library Plan N/A N/A Libraries and Museums Act 1964 Section 6(1) of the Local Best Value Performance Formulate and produce the Approve the final version (see Government Act 1999 Plan plan (see reg 4 of reg 4 of S.I.2000/2853 as S.I.2000/2853 as amended) amended) Children and Young People's Children and Young N/A N/A Plan (England) Regulations People's Plan 2005 Sections 5 and 6 Crime and Crime and Disorder Formulate and produce the Approve the final version (see Disorder Act 1998 Reduction Strategy plan (see reg 4 of reg 4 of S.I.2000/2853 as S.I.2000/2853 as amended) amended) Section 15 of the 2004 Act Development plan Formulate and produce the The giving of instructions to documents documents Cabinet to reconsider any draft document, the approval of draft documents for consultation or examination and the adoption of the documents Section 349 of the 2005 Act Licensing Authority Policy To formulate and produce Full Council Statement the policy Section 108(3) of the Local Transport Plan N/A N/A

Council Meeting - 15th May, 2013 52 Transport Act 2000 Section 54 Town and Plans and alterations Formulate and produce the Approve the final version (see Country Planning Act 1990 which together comprise plan (see reg 4 of reg 4 of S.I.2000/2853 as the Development Plan S.I.2000/2853 as amended) amended) Section 4 of the 2000 Act Sustainable Community Formulate and produce plan Approve final version Strategy with partners Section 40 of the Crime and Youth Justice Plan N/A N/A Disorder Act 1998 S.135 Leasehold Reform Act Disposal of housing land All except that reserved to Authorising making the 1993 and ss.32 and 43 and buildings full Council application (see reg 4 of Housing Act 1985 S.I.2000/2853 as amended) Ss. 32-37, 43-49, 52I, 52J, Making a calculation or Prepare submission of All other steps (see reg 4 of 52T, 52U and Chapter IV of issuing a precept leading estimates or revised S.I.2000/2853 as amended) Part I of the Local to setting of Council Tax estimates Government Finance Act 1992 S.70 Deregulation and Authorising a person to To the extent that the In all other cases (see reg 4 Contracting Out Act 1994 exercise a function, or function is an executive of S.I.2000/2853 as revoking that authorisation. function amended) Council's Corporate Plan Produce version for Adoption of the plan adoption Local Agenda 21 Strategy Produce version for Adoption of the plan adoption

3 - 34 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 53

(b) Cabinet Member Delegation

A Cabinet Member may authorise the Head of Paid Service or Assistant Director, to take any action concerning matters within his/her portfolio, in accordance with policies and strategies set by the Cabinet and full Council, unless any legal rule requires otherwise.

(c) Cabinet Delegation

The Cabinet collectively may authorise any Cabinet Member, the Head of Paid Service, Assistant Director or other officer to whom delegation has been made in the Council's scheme of delegation unless any legal rule requires otherwise (see Cabinet procedural rule 1.3(b))

(d) Delegation of Decisions to Single Members

1. A single Member may take any decision which:

i) is required to implement a policy that is part of the framework, provided the decision is:

 within budget, and does not amend either the policy framework or the budget

 wholly within the remit of the Service Development Plans (SDPs) or services for which the Member is responsible; and

 not a key decision:

ii) is to adopt a new policy or procedure to deliver the SDPs or services for which the Member is responsible, provided that the decision:

 does not amend or alter any policy that is part of the policy framework (without the prior approval of Council); and

 does not amend or alter the budget nor requires the budget to be amended; and

Council Meeting - 15th May, 2013 54

 falls entirely within his/her portfolio.

2. Where a decision is to adopt a new policy or procedure to deliver the SDPs or services for which the Member is responsible AND it does not fall entirely within his/her portfolio then the decision must be taken jointly with the other portfolio holder(s) affected.

3. The procedure for Individual Cabinet Member Decisions is set out in Part 5F of this Constitution.

3 - 36 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 55 3D - OFFICER DELEGATIONS - General Delegations

Functions Allocated to Managing Director/Assistant Directors/ Head of Development Control

General

1. Proper officer, appointed officer or inspector in respect of the following statutory provisions

s.100D Local Government Act 1972 (background papers for reports)

2. Take any action on matters relating to the day to day administration of services within their unit. 3. Take any action to maintain the operation and effectiveness of services within their unit. 4. Take any action incidental to, or to give effect to, decisions taken by elected Members within their sphere of responsibility. 5. Determine the allocation of and responsibility for matters within their unit. 6. Delegate any of their powers and appointments to employees within their unit who possess the relevant qualification, experience and skills for the task - a list of such powers indicating the post to which they have been delegated, must be kept by the Monitoring Officer and made available for public inspection. 7. Serve notices and obtain information as to interests in land - s.16 Local Government (Miscellaneous Provisions) Act 1976. 8. Keep any statutory register concerning aspects within their sphere of responsibility. 9. The receipt of notices concerning aspects within their sphere of responsibility. 10. In consultation with the relevant overview and scrutiny committee chair, settle any best value review documents for submission to Inspectors. 11. Respond to any consultation document on executive functions in consultation with the Leader and/or relevant portfolio holder.

Financial Resources

12. Incur normal expenditure up to the limit of provision within the budgets under his/her control subject to compliance with contract standing orders, financial standing orders, financial regulations and financial instructions. 13. Invite and accept tenders or quotations for contracts, subject to contract standing orders, financial standing orders, financial regulations and financial instructions. 14. Provide administrative, professional or technical services to outside bodies using any spare capacity PROVIDED this does not interfere with the proper service provision of the Council. 15. Pay full compensation for loss where the council is likely to be liable if sued. 16. Pay compensation for complaints up to £1000 or higher in consultation with the portfolio holder. 17. To annually review fees and charges.

3 - 37 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 56 Human Resources

18. Appoint persons to posts below Assistant Director level within the unit (as nominated by the Managing Director where necessary), in accordance with the recruitment and selection policy from time to time in force. 19. Employ and dismiss persons on temporary contracts, in accordance with the recruitment and selection and disciplinary policies from time to time in force. 20. Discipline and dismiss employees within the unit, subject to disciplinary policies from time to time in force. 21. In consultation with the Central Services Portfolio Holder and Head of Human Resources take any action relating to terms and conditions of service for employees within their unit.

Other

22. Apply for planning permission for Council development within his/ her sphere of responsibility. 23. To recover any sum owed to the Council under a contract made between the Council and a third party. 24. To submit bids for and enter into agreements for grants and other funding sources. 25. Arrange bookings or limited exhibitions and other commercial events on Council land within the responsibility of the Portfolio Holder.

Functions allocated to the Managing Director

1. Any function delegated to an Assistant Director or other officer. 2. Any action arising from an appointment given to an Assistant Director or other officer if that Assistant Director or other officer is absent or otherwise unable to act. 3. Take all steps to ensure the Council receives additional supplementary credit approval re Council house sales. 4. Delegate any of their powers and appointments to employees who possess the relevant qualification, experience and skills for the task - a list of such powers, indicating the post to which they have been delegated, must be kept by the Monitoring Officer and made available for public inspection. 5. Respond to any consultation document on executive functions in consultation with the Leader and/or relevant portfolio holder.

3 - 38 Constitution Version 3 Approved and incorporating all changes up to 16 May 2012 (Minute )

Council Meeting - 15th May, 2013 57 3E - OFFICER DELEGATIONS - Specific Delegations

The specific delegations set out below are without prejudice to the general delegations in 3D above.

Managing Director (Head of Paid Service)

1. Proper officer, appointed officer or inspector in respect of the following statutory provision

Any reference in pre 1972 legislation to the clerk of a Council or the town clerk, which, by virtue of the Local Government Act 1972, is to be construed as a Proper Officer Proper, or authorised, officer or inspector for any statutory purpose where no specific authorisation has been given Ss. 8 and 35 Representation of the People Act 1983, and any other provision relating to electoral registration and elections Ss. 83, 84, 88, 89, 100B, 100C, 100F, 210, 225, 229, 234, 236, 238, 248, Scheds. 12 and 14 Local Government Act 1972 S. 41 Local Government (Miscellaneous Provisions) Act 1976 S.4 Local Government and Housing Act 1989 (Head of Paid Service) Local Government Act 2000 and regulations made there under Anti Social Behaviour Act 2003 s.3, LGHA89. Modify the list of politically restricted posts and give any certificate of opinion under it Crime and Disorder Act 1998 and amendments thereto Secretary to the Council Ss. 83, 100B, 100F, 115, 229, 234, Local Government Act 1972 S. 41 Local Government (Miscellaneous Provisions) Act 1976

2. Suspend the exercise of delegated authority by any officer where he considers a particular case should be considered by elected Members. 3. Authorise any person acting for the Council to enter any land, for any statutory purpose. 4. The Managing Director shall have authority: (a) for Cabinet in the case of an emergency (i) requiring a non key decision, where it is not possible in the time to convene either a special meeting of Cabinet or a Single Member Decision or the Single Member is not available, and in consultation with the Leader, or in his absence any Member of the Cabinet, to make decisions on behalf of the Cabinet, all such decisions to be reported to the next ordinary meeting of the Cabinet

3 - 39 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 58 (ii) subject to consultation with the aforesaid and the Chair of the relevant OSP, to make such urgent decisions which are key decisions on behalf of the Cabinet, all such decisions to be reported to the next ordinary meeting of the Council. (b) for Committee in cases of urgency and in consultation with the Chairman of the relevant Committee and Chair of relevant OSP to make decisions on behalf of the Committee, all such decisions to be reported to the next ordinary meeting of the relevant Committee. 5. (a) Make any necessary and consequential changes to the Council’s Scheme of Delegation to Officers to give effect to any changes in personnel, legislation, or the structure of the Council, to ensure its efficient and effective operation, in consultation with the Leader of the Council. (b) Subject to a) above make any minor amendments to the Constitution arising out of changes in legislation or the structure of the Council, in consultation with the Leader of the Council. 6. Be the Chief Executive Officer for the Airwave Service. 7. Change the Staff Structure in consultation with the Leader and/or the relevant Portfolio Holder(s), the S.151 Officer, the Monitoring Officer, the Head of Human Resources and the Unions. 8. Be the Acting Company Secretary for the Nuneaton and Bedworth Healthy Living Network. 9. Hold premises licences for Council Property in connection with any functions assigned. 10. In consultation with the Leader, the Housing Portfolio holder and Ward Members, take every step necessary (including compulsory purchase and determination of tenancies) to implement the Camp Hill Urban Village Scheme.

Director – Business Improvement (Customer Services and IT&C)

1. Monitor the use of the Council’s IT systems including internet and e- mail (where appropriate following appropriate authorisation) – Regulation of Investigatory Powers Act 2000. 2. Manage the Council’s telephonic and Information Technology systems, in accordance with the policy of the Council. 3. Exercise any power of the Local Authority relating to human resources under the following statues or regulation or by-laws made (now or in the future) under them: Health and Safety at Work Act 1974. Employment Rights Act 1996 4. Enter into any initiatives with the occupational health service seen as beneficial to the employees of the Council. 5. Approve and pay death grants under schemes adopted by the Council. 6. Serve all notices under the Pensions Acts. 7. Implement national awards affecting wages, salaries and conditions of service. 8. Administer and review the Council’s car loan, and car user allowance schemes. 3 - 40 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 59 9. Assess value for pension purposes of emoluments in kind paid to employees and giving effect thereto. 10. Be the Council's Nominated Officer for the purpose of the Local Government Pension (Amendment) Regulations 2004 - Internal Dispute Resolution Procedure.

Director – Governance and Recreation

1. Proper officer, appointed officer or inspector in respect of the following statutory provisions

Solicitor to the Council and Clerk to the Benefit Review Boards Local Government Act 2000 and regulations thereunder Ss. 52(2) Representation of the People Act 1983 Ss. 83, 100B, 100F, 229, 234, 238, Sched 14 Local Government Act 1972 S.5 Local Government and Housing Act 1989 (Monitoring Officer) S. 41 Local Government (Miscellaneous Provisions) Act 1976

2. Exercise any power of the local authority under the following statutory provisions or pursuant to regulations made (now or in future) under them.

Statutory Provision Brief Description ss.191 to 194, Town and Country Certificate of lawful use or Planning Act 1990. development Data Protection Act 1998 ss.14-16A Road Traffic Regulation Orders to prohibit or restrict Act 1984 traffic. Crime and Disorder Act 1998 (as ASBOs and other orders amended) Ss. 26, 118, 119 Highways Act 1980 Public footpath orders and S.257 Town and Country Planning Act 1990 Freedom of Information Act Health and Safety at Work Act 1974 Equalities Act 2010 S110A Social Security Administration Act 1992 Child Protection Legislation S.116 Local Government Finance Act 1988 S. 8 Representation of the People Act 1983 3 - 41 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 60 S. 5 Local Government and Housing Act 1989 (Monitoring Officer) Local Government Act 2000 and regulations made thereunder

3. Commence, conduct, defend, settle or withdraw legal proceedings and issue and serve all notices and order after consultation with the Managing Director or appropriate Director together with any necessary steps to achieve this. 4. Commence, conduct, defend, settle or withdraw legal proceedings in respect of benefit fraud matters on behalf of the Department of Work and Pensions pursuant to S116A Social Security Administration Act 1992 (as amended) 5. Instruct counsel or external solicitors. 6. Act for any officer of the Council in proceedings before a court or a tribunal relating to the officer's role for the Council. 7. Amend the Members’ Allowance Scheme in accordance with increases fixed by the Secretary of State. 8. In consultation with Health and Environment portfolio holder and relevant Ward Members, prepare Local Child Curfew Schemes for submission to the Home Secretary, and consult and publicise as necessary. 9. Institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decision of the Council or in any case where he/she considers that such action is necessary to protect the Council’s interests. 10. Sign any document necessary to any legal procedure or proceedings on behalf of the Council, unless any enactment otherwise authorises or requires 11. Keep in safe custody the common seal of the Council and affix and attest the Common Seal to those documents, which in his/her opinion should be sealed. 12. Be the designated Co-ordinator responsible for making the necessary arrangements for monitoring all authorisations signed on behalf of the Council pursuant to the Regulation of Investigatory Powers Act 2000. 13. Fix and charge the appropriate hire fee for external bookings for the Civic Suite in order to cover the Council’s costs. 14. Take all steps regarding Health and Safety within the Council. 15. Provide the role of Mayor’s Secretary. 16. Conduct internal audit of financial transactions of the Council. 17. Take all steps regarding risk management within the Council. 18. Make arrangements in connection with civic matters/ engagements relating to mayoralty. 19. Incur any expenditure through making grants and loans where an emergency or disaster involves danger to life or property, or is imminent and to incur expenditure for the purposes for contingency planning.

3 - 42 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 61 20. In consultation with the Managing Director and Leader of the Council approve proposals for Members or Officers to make foreign visits and receive foreign visitors where the cost is to be met in whole or part by the Council, subject to any protocol in this regard that may apply from time to time. 21. Approving press releases and official statements to press enquiries on behalf of the Authority as and when required. 22. To manage and undertake the Council's duties under the Civil Contingencies Act 2003. 23. To take appropriate action in relation to emergencies and to produce and update the Council’s Emergency Plan and Business Continuity Plan, all powers under Section 138 of the Local Government Act 1972 and all relevant legislation. 24. Manage the development and implementation of the Council’s Equality Scheme. 25. To take all actions and make all decisions not reserved to the Council relating to the Council’s functions in respect of Communications. 26. Enter into arrangements for the letting and/or use by organisations or individuals of parks & open spaces provided by the Council, in accordance with the policy of the Council. 27. Manage the Council’s parks and open spaces and horticultural services. 28. Manage allotments. 29. Manage cemeteries. 30. Subject to the agreement of the Highway Authority enter into licenses to cultivate land under s.142 Highways Act 1980. 31. Authorise the use of Council controlled water for one off angling events for children’s competition practice sessions. 32. In consultation with the Head of Development Control Officer settle terms for agreements to acquire open space, amenity, play or recreation areas in new developments. 33. Apply for and hold licences for premises owned by the Council in respect of regulated activities. 34. Including in consultation with Health and Environment Portfolio Holder and relevant Ward Members, preparing Local Child Curfew Schemes for submission to the Home Secretary and any consultation and publication as necessary 35. Authorise the use and display of the Council’s badge. 36. Conclude agreements made pursuant to the Code of Practice for Members and officers on boards of voluntary organisations. 37. Take all necessary steps relating to Purchase Notices served on the Council. 38. Give consent to any proposed authorisation pursuant to section 30 of the Anti Social Behaviour Act 2003. 39. Where any delegation proposed to be relied upon or procedure proposed to be utilised, refers to any office-holder, Cabinet, committee or Ward Member, or forum that no longer exists, the Monitoring Officer shall determine how the power shall be appropriately exercised or procedure interpreted.

3 - 43 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 62 40. Increase the scale of fees for elections and electoral registration in line with the average salary awards for Grades1 – 6 of the National Scales and taking into account any nationally agreed fees. 41. Arrange bookings or limited exhibitions and other commercial events on Council land (other than town centre). 42. In consultation with the Leader of the relevant political group, appoint a substitute Member to Standards Committee where a prejudicial interest precludes a Member hearing a complaint. 43. Take action in respect of unauthorised signage pursuant to S132(2) of the Highways Act 1980 as delegated by Warwickshire County Council. 44. In consultation with the relevant Chair to change meetings if, for unforeseen reasons, it becomes necessary to amend a date.

Director – Finance and Procurement

1. Proper officer, appointed officer or inspector in respect of the following statutory provisions

Any reference in pre 1972 legislation to the treasurer, which, by virtue of Local Government Act 1972, is to be construed as a Proper Officer Ss. 115, 146, 151 Local Government Act 1972 Ss. 26 and 114 Local Government Finance Act 1988 Local Government Act 2003 Part I

2. Exercise any power of the local authority under the following statutory provisions or pursuant to regulations made (now or in future) under them.

Statutory Provision Brief Description Sch.13 Local Government Act 1972; Loans and other financial ss. 39 – 66 Local Government and provisions Housing Act 1989 s.438 and Sch. 16, Housing Act 1985 Vary interest rates to meet legislative requirements S116, S116A & 110A Social Security Benefit fraud including Administration Act 1992 investigations on behalf of the Department of Work and Pensions Local Government Act 2003 Parts I & II Capital Finance

Ss. 41 - 67 Local Government Finance Council tax, rating, Council Act 1988; Local Government Finance tax benefit and housing Act 1992 (with the exception of setting benefit the Council Tax base save ss. 32 - 37);

3 - 44 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 63 Social Security Administration Act 1992; ss. 123 - 137 and 172 - 177 Social Security Contributions and Benefits Act 1992; Social Security Act 1998; Welfare Reform and Pensions Act 1999; S110A Social Security Administration Act 1992 Benefit fraud matters.

3. Operate scheme for transfer of Council’s mortgage debt to private sector. 4. Take all steps necessary to investigate any allegations relating to Council Tax Housing Benefit Fraud. 5. Assess and grant gratuities within the terms of and up to maxima approved by policy decisions of the Council. 6. Manage and invest the special and reserve funds and acquire and dispose of securities comprising such funds. 7. Approve (but not refuse) loans for house purchase and improvement. 8. Be the Council’s Money Laundering Reporting Officer. 9. Authorise applications renewals, reviews and cancellations under the Regulation of Investigatory Powers Act 2000. 10. Set the Council Tax base. 11. Authorise proceedings for recovery of any sums due to the Council and of possession of property held as security for same. 12. Write-off irrecoverable debts within financial limits laid down in the Council’s Financial Procedure Rules. 13. Take any enforcement action, including any application to a court or tribunal, in respect of powers delegated to him/her or in respect of functions for which he/she is a proper officer, appointed officer or inspector. 14. Grant (but not refuse) mandatory rate relief to appropriate organisations. 15. Collect and enforce any community charge. 16. Make virements and write offs in excess of the authority delegated to officers in consultation and Agreement with the Leader. 17. Carry out relevant research and surveys including incurring necessary expenditure in relation to such research and surveys as one appropriate to help facilitate the Council’s functions. 18. Coordinate the collection and provision of performance data and arrange for the publication of performance information and strategy reporting. 19. In consultation with the Monitoring Officer coordinate the formulation of the Corporate Plan and Corporate Plan Delivery Plan. 20. To approve the business rates forecast as part of the budget setting process.

3 - 45 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 64

Director – Housing and Communities

1. Proper officer, appointed officer or inspector in respect of the following statutory provisions or regulations made under them.

Statutory Provision Housing Grants Construction and Regeneration Act 1996 Public Health (Control of Disease) Act 1984 Public Health Acts 1936 and 1961 Prevention of Damage by Pests Act 1949 Environmental Protection Act 1990 Housing Act 2004

2. Exercise any power of a local authority relating to housing services under the following statutes or regulations or byelaws made (now or in the future) under them.

Anti Social Behaviour Act 2003 Building Act 1984 Caravan Sites Act 1968 Caravan Sites and Control of Development Act 1960 Land Compensation Act 1973 Protection From Eviction Act 1977 Mobile Homes Act 1983 Housing Acts 1985, 1988 and 1996 Housing (Consequential Provisions) Act 1985 Landlord and Tenant Act 1985 Local Government (Miscellaneous Provisions) Acts 1976 & 1982 Local Government and Housing Act 1989 Housing Grants Construction and Regeneration Act 1996 Public Health (Control of Disease) Act 1984 Public Health Acts 1936 and 1961 Prevention of Damage by Pests Act 1949 Environmental Protection Act 1990 Home Safety Act 1961 Home Energy Conservation Act 1995 S. 77 Criminal Justice and Public Order Act 1994 Crime and Disorder Act 1998 Ss. 77-79 Water Industries Act 1991 Housing Act 2004 Regulatory Reform Act 2001

3. Take any enforcement action, including any application to a court or tribunal, in respect of powers delegated to him/her or in respect of 3 - 46 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 65 functions for which he/she is a proper officer, appointed officer or inspector.

4. Exercise all management aspects regarding dwellings, shops and other accommodation and garages provided under Housing Act powers and other dwellings owned or formerly owned by the Council save that eviction of any resident shall be made in consultation with the Housing Portfolio Holder. 5. Arrange for the valuation of properties pursuant to the right to buy and the issuing of offers. 6. Take all steps regarding the right to buy including anything to achieve the targets set by the Secretary of State. 7. Settle the terms of nomination agreements with housing associations. 8. Take relevant court action to deal with anti-social behaviour (having previously informed Ward Councillors). 9. In consultation with Housing Portfolio Holder, make temporary accommodation available to refugees or asylum seekers. 10. Waive licence conditions regarding clear boundary space at mobile home sites subject to consultation with the Fire Officer. 11. Take all necessary action to implement the Council’s Planned Maintenance and Major Improvement Programmes to all dwellings, shops and garages provided under the Housing Act powers. 12. Take all necessary action to implement the Council’s reactive maintenance functions to all dwellings, shops, and garages provided under Housing Act powers 13. Exercise any power of the local authority relating to housing property maintenance purposes under the following statutes or regulations or by laws (made now or in the future) under them: Health and Safety at Work Act 1974 Disability Discrimination Acts Regulatory Reform (Fire) Order 2005 Control of Asbestos Regulations 2006 14. Manage and facilitate the operation of the local Strategic Partnership and the development of the Community Strategy 15. Manage and facilitate the operation of the Nuneaton and Bedworth Safer Community Partnership and the development of the Crime and Disorder and Substance Misuse plan. 16. Assess grants within the terms of and up to a maximum approved by the policy decisions of the Council. 17. To manage community safety schemes and take action in relation to Nuneaton and Bedworth’s Crime and Disorder and Substance Misuse Plan and the Council’s powers under the Crime Disorder Act 1998 (as amended). 18. To take all actions and make all decisions relating to the Council’s functions in respect of Community Cohesion. 19. To take all appropriate action and to exercise all powers and duties in relation to community Development in consultation with the Portfolio Holder. 3 - 47 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 66 20. To respond to requests for consultation from Warwickshire Police and other organisations to act as a consultee in relation to applications for Anti-Social Behaviour Orders. 21. To consult with Warwickshire Police and other agencies in relation to applications for Anti-Social Behaviour Orders. 22. To respond to requests for consultation under the Antisocial Behaviour Act 2003, including with reference to making dispersal orders under Section 30 of the Act. 23. Deal with issues relating to Health Inequalities 24. To take all actions and make all decisions not reserved to the Council relating to the Council’s functions in respect of Consultation. 25. Take action in respect of unauthorised signage pursuant to S132(2) of the Highways Act 1980 as delegated by Warwickshire County Council. 26. In consultation with the Portfolio Holder – Housing Services, to amend the allocation of monies within the capital programme, to respond to emerging issues associated with the ongoing stock validation, particularly relating to Health and Safety

Director – Assets and Street Services

1. Exercise any power of the local authority under the following statutory provisions or pursuant to regulations made (now or in future) under them.

Statutory Provision Brief Description Ss.25 and 26 Local Any steps concerning dangerous Government (Miscellaneous excavations Provisions) Act 1976 Highways Act 1980 Various District Council functions Ss. 35A and 112 Road Traffic Enforcement of car parking order Regulation Act 1984 or Nuneaton Bus Station order Environmental Protection Act Search & Seizure of vehicles and 1990 street litter control Anti Social Behaviour Act Graffiti 2003 Clean Neighbourhoods and Environment Act 2005.

2. Exercise any power of the local authority relating to housing and corporate property maintenance purposes under the following statutes or regulations or by laws (made or in the future) under them: Health and Safety at Work Act 1974 Disability Discrimination Acts Regulatory Reform (Fire) Order 2005 Control of Asbestos Regulations 2006 3. Exercise functions under any agency agreement with Warwickshire County Council.

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Council Meeting - 15th May, 2013 67 4. Carry out urgent repairs to private streets. 5. Manage the Council's off street car park in accordance with the Council's off street parking order. 6. In consultation with Planning and Development Portfolio Holder, waive car park charges from time to time. 7. Renew plant, equipment and vehicles within the budget provision and dispose of items being so renewed. 8. Apply for and hold licences for premises owned by the Council which are his responsibility in respect of regulated activities. 9. Be the duty holder for the purposes of the Control of Asbestos Regulations 2002. 10. Take all actions necessary to implement the Council's Planned and Reactive Maintenance Programme including to corporate operational and non operational buildings including car parks and the bus station (not including day to day responsive repairs and gas servicing activities). 11. Undertake all facilities management activities for council office buildings. 12. Undertake all matters relating to the provision of public conveniences. 13. Undertake day to day management of Stockingford and Keresley Community Centre. 14. Manage the Council's car parks and resident parking schemes. 15. Manage the Bus Station. 16. Undertake all functions relating to Land drainage. 17. Undertake all functions relating to Amenity Lighting. 18. Undertake all functions relating to CCTV. 19. Undertake all functions relating to transport. 20. Deal with requests for the loan of equipment and materials to charitable and voluntary organisations regarding refuse collection and cleansing. 21. Provide a trade refuse service when required and fix appropriate charges. 22. Manage the Council’s Refuse collection and Street Cleaning Service. 23. Renew plant, equipment within the budget provision and dispose of items being so renewed. 24. In consultation with the relevant Portfolio Holder manage the arrangements in connection with the management of the Council’s Leisure Centres and the related activities undertaken by the Nuneaton and Bedworth Leisure Trust or any future contractor appointed. 25. Enter into arrangements for the letting and/or use by organisations or individuals of leisure facilities provided by the Council, in accordance with the policy of the Council. 26. In consultation with the relevant Portfolio Holder, set promotional and other charges. 27. Enter into arrangements for the provision of entertainments, in accordance with the policy of the Council. 28. In consultation with the Culture and Recreation Portfolio Holder amend Arts Grant Criteria if appropriate. 29. Manage the Museums in accordance with any associated policies. 30. Accept or reject potential gifts or bequests to the Museum and Art Gallery. 3 - 49 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 68 31. Solicit gifts of historical or artistic material for the Collections within the terms of the Nuneaton Museum and Art Gallery Acquisition and Disposal Policy. 32. Make recommendations and take all necessary action on the purchase of historical or artistic material and pictures, in accordance with Council’s financial and contract procedures. 33. Accept items on loan for a finite period for display or specific study. 34. Take action in respect of unauthorised signage pursuant to S132(2) of the Highways Act 1980 as delegated by Warwickshire County Council.

Director - Regeneration and Public Protection

1. Proper officer, appointed officer or inspector in respect of the following statutory provisions

Any reference in pre 1972 legislation to the surveyor, which, by virtue of the Local Government Act 1972, is to be construed as a Proper Officer.

Ss. 191 Local Government Act 1972 Party Wall Etc Act 1996 (Appointing Officer) Any reference in pre 1972 legislation to the medical officer of health or public health inspector, which, by virtue of the Local Government Act 1972, is to be construed as a Proper Officer Liaison Officer under Food Safety Act 1990 S.40 & 41 Anti Social Behaviour Act 2003 Building Act 1984 Environment Act 1995 S.2 and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 Licensing Act 2003 provided no objections are received Town and Country Planning Act 1990 - s.215-219, 224–225, 330 and 324 and Town and Country Planning (Control of Advertisement) Regulations s.61 Local Government Suspended licences (Miscellaneous Provisions) Act 1976 s.75(3) Local Government applications for certificates of (Miscellaneous Provisions) Act exemption re PHVs 1976 Sch. 4 Local Government Licensing of Street Trading (Miscellaneous Provisions) Act 1982

3 - 50 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 69 Local Government Act 2003 BIDS (Business Improvement Districts) Markets and Fair Clauses Act Markets 1847 Food Act 1984 Markets

2. Exercise any power of the local authority relating to environmental health under the following statutory provisions or pursuant to regulations or by-laws made (now or in future) under them: Animal Boarding Establishments Act 1963 Anti Social Behaviour Act 2003 Breeding of Dogs Act 1973 & 1991 Building Act 1984 Clean Air Act 1993 Clean Neighbourhoods and Environment Act 2005 Control of Pollution Act 1974 Dangerous Wild Animals Act 1976 Dangerous Dogs Act 1991 Dogs (Fouling of Land ) Act 1996 Environment Act 1995 Environment and Safety Information Act 1988 Environmental Protection Act 1990 European Communities Act 1972 Factories Acts 1961 Food Act 1984 Food and Environment Protection Act 1985 Food Safety Act 1990 Gambling Act 2005 Guard Dogs Act 1975 Health Act 2006 Health and Safety at Work etc Act 1974 House to House Collections Act 1939 Licensing Act 2003 Local Government (MP) Act 1976 Local Government (MP) Act 1982 National Assistance Act 1948 Noise Act 1996 Noise and Statutory Nuisance Act 1993 Offices, Shops & Railway Premises Act 1963 Pet Animals Act 1951 Police, Factories etc (Misc Prov) Act 1916 Performing Animals (Regulation) Act 1925 Pollution Prevention and Control Act 1999 Prevention of Damage by Pests Act 1949 Public Health (Control of Disease) Act 1984 Public Health Acts Amendment Act 1907 Public Health Acts 1936 & 1961 Refuse (Disposal) Amenity Act 1978 3 - 51 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 70 Riding Establishments Acts 1964 & 1970 Scrap Metal Dealers Act 1964 Slaughter of Poultry Act 1967 Slaughterhouses Act 1974 Sunbeds (Regulation) Act 2010 Sunday Trading Act 1994 Town Police Clauses Act 1847 Town and Country Planning Act 1990 s.215-219, 224-225, 330, 324 Town and Country Planning (Control of Advertisement) Regulations 2007 Vehicles (Crime) Act 2001 Water Industry Act 1991 Zoo Licensing Act 1981

3. Exercise any power of the local authority under the following statutory provisions or pursuant to regulations made (now or in future) under them.

s. 15 Local Government (Miscellaneous authorise staff to Provisions) Act 1976 survey land where no specific power available Building Act 1984 building regulations, dangerous structures and demolition

Environmental Protection Act 1990 s.2 Appoint any other person including third party contractors to discharge the Council’s functions pursuant to Part II and Schedule 3 of the Act s. 19 & 20 Health and Safety at Work etc Authorise inspectors Act 1974 and enforcement and other technical experts to discharge functions including powers of entry Refuse Disposal (Amenity ) Act 1978 Remove and deal with abandoned vehicles

4. Take any enforcement action, including any application to a court or tribunal, in respect of powers delegated to him/her or in respect of functions for which he/she is a proper officer, appointed officer or inspector.

3 - 52 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 71 5. In consultation with Ward Members, agree new street names and require the numbering (or re-numbering) of properties. 6. In consultation with Chair and (Vice-Chair) of LIC determine applications for permits for house to house or street collections which cannot be considered by LIC at its November meeting (unless objection has been submitted). 7. Administer the arrangements for the discharge of all matters relating to the Council's Local Land Charges Register. 8. Administer the Council's arrangements for the Licensing of hackney carriage and private hire vehicles including the grant and renewal of hackney carriage and private hire vehicle licences, and private hire operators' licences, unless either there are unspent convictions or objections are received or both. 9. All Property Management steps in respect of the Council's land and buildings and related transactions in accordance with any relevant Council Policy and the Council's budget and policy frame-work, including creating, renewing and terminating interests in land, reviewing and recovering rents, disposing of and acquiring interests including amenity areas in new developments. 10. Take action in respect of unauthorised signage pursuant to S132(2) of the Highways Act 1980 as delegated by Warwickshire County Council.

Licensing Act 2003 11. Issue notices of exemption to taxi drivers relating to the carriage of guide dogs etc. in certain circumstances (see minute 586 of 8.2.01). 12. Deal with applications for personal licence, if no objection made. 13. Deal with applications for premises licence/club premises certificate, if no relevant representation made. 14. Deal with applications for provisional statement, if no relevant representation made. 15. Deal with applications to vary premises licence/club premises certificate, if no relevant representation made. 16. Deal with applications to vary designated premises supervisor if no notice of objection is received. 17. Deal with requests to be removed as designated premises supervisor, all cases. 18. Deal with applications for transfer of premises licence if no notice of objection is received. 19. Deal with applications for interim authorities if no notice of objection is received. 20. Deal with decisions on whether a complaint is irrelevant frivolous vexatious etc., all cases.

Gambling Act 2005 21. Fee setting where appropriate. 22. Determination of application for premises licences where no representations received/representations have been withdrawn. 23. Determination of application for a variation to a licence where no representations received/representations have been withdrawn.

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Council Meeting - 15th May, 2013 72 24. Determination of application for a transfer of a licence where no representations received from the Gambling Commission. 25. Determination of application for a provisional statement where no representations received/representations have been withdrawn. 26. Application for club gaming/club machine permits where no objections made/objections have been withdrawn. 27. Applications for other permits. 28. Cancellation of licensed premises gaming machine permits. 29. Consideration of temporary use notices. 30. Determination as to whether representation is frivolous or vexatious or will not influence decision. 31. Exercise the Council’s responsibilities in respect of Tourism and Economic Development 32. Enter into arrangements for the provision of entertainments, in accordance with the policy of the Council. 33. Apply for and hold licences for premises owned by the council in respect of regulated activities. 34. Arrange bookings or limited exhibitions and other events in town centre pedestrianised areas. 35. Manage the operation of the Nuneaton and Bedworth Markets in accordance with the market regulations as made by the Council from time to time. 36. As a consequence of any decision of Cabinet or Council in consultation with the Portfolio Holder with responsibility for markets make any necessary changes to the markets, the layout or their regulations. 37. Be the Radio Terminal Custodian for the Airwave Service. 38. Undertake management of the Council's commercial property portfolio. 39. Conclude any land transactions required to complete the Camp Hill Urban Village Scheme. 40. Undertake all Town Centre management activities including Delivery of Town Centre Master Plan including street scene enhancement activities. 41. Negotiate and conclude land and property transactions up to £10,000 in value, subject to no objections from any Member or any neighbour adversely affected by the proposal. 42. Negotiate and conclude land and property transactions above £10,000 but less that £25,000 in consultation with the relevant portfolio holder(s). 43. Authorisation of Officers to serve fixed penalty notices for litter enforcement pursuant to the Clean Neighbourhoods and Environment Act 2005

The Proper Officer for Health

Exercise any power of the local authority under the following statutory provisions or pursuant to regulations made (now or in the future) under them

Public Health (Control of Consultant for Communicable

3 - 54 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 73 Diseases) Act 1984 and in Disease Control for Nuneaton and any subordinate regulations Bedworth as designated by the or orders West Midlands (East) Health National Assistance Act 1948 Protection Unit or by any as amended by the National successor agency and any Assistance (Amendment) Act equivalently medically deputising 1951, Section 47 officer, also as designated by the West Midlands (East) Health Protection Unit or by any successor agency

Head of Development Control

1. Exercise any power, take any enforcement or other action of the local authority under the following statutory provisions or pursuant to regulations made (now or in future) under them.

Statutory Provision Brief Description Parts III, VII, VIII Town and Country Planning enforcement Planning Act 1990 and rights of entry s.330 Town and Country Planning Act Notices requiring 1990 information Town and Country Planning (General Procedure for dealing Development Procedure) Order 1995 with applications and appeals s.70A Town and Country Planning Act Decline to determine 1990 planning application. Town and Country Planning Various (Environmental Impact Assessment)(England & Wales) Regulations 1999 S137 and 139 Town and Country Planning Respond to all Act 1990 Purchase Notices S198 ,201 and 203 Town and Country Making of tree Planning Act 1990 preservation orders Part VIII Anti Social Behaviour Act 2003 High Hedges Planning (Listed Buildings and Listed buildings and Conservation Areas )Act 1990 and conservation areas Planning and rights of entry (Hazardous Substances ) Act 1990

2. To process and make decisions on all planning applications as defined in Schedule 1 below except in any one of the following cases:

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Council Meeting - 15th May, 2013 74

a) Where an Environmental Impact Assessment has been submitted with a planning application.

b) Where 5 or more letters of objections have been received from neighbours, interested parties or statutory consultees within the 21 day consultation period, unless where the objection does not, in the Head of Development Control’s opinion, relate to valid planning considerations (which are set out in the leaflet ‘Having your say on Planning Applications’ and in Schedule 2 below), or where the objections will be addressed by the decision of the officer either by the refusal of the application or by attaching suitable conditions or where amendments to the application overcome the objections. Where the application is recommended for refusal and the Head of Development Control has informed the applicant and objectors of this, the Ward Councillors be given notice of this and allowed 5 working days in which they can refer the application to Committee.

c) Where 5 or more letters of support have been received from neighbours, interested parties or statutory consultees within the 21 day consultation period, and where this will be addressed by the decision of the officer to approve the application.

d) Where a Member requests that an application should be dealt with by the Planning Applications Committee and that request has been made to the head of Development Control by memo, e-mail, fax or telephone message within 28 days of the date of the relevant weekly list of planning applications (or 14 days in the case of a non-material amendment or proposals submitted to other authorities).

e) The Head of Development Control considers the application or notified matter should be considered by the Planning Applications Committee. f) The terms of a legal agreement needs to be agreed other than where a contribution is in accordance with a tariff agreed in adopted Supplementary Planning Guidance.

g) The proposal involves the Borough Council either as applicant or land owner and the scheme is not of a minor nature, as defined in statistical returns to the Government.

h) The applicant is a member or an employee of the Development Control or Building Control section.

Schedule 1. a. Planning Permission b. Approval of Reserved Matters c. Minor amendments to approved schemes d. Consent to display advertisements e. Listed Building Consent f. Conservation Area Consent 3 - 56 Constitution Version 3 Approved and incorporating all changes up to 17 April 2013

Council Meeting - 15th May, 2013 75 g. Proposals submitted to other local authorities h. Non-material amendments Schedule 2. a. Developers/applicants motives or morals b. Loss of views over other people’s land c. Impact on property value d. Impact on private rights and/or covenants e. Boundary disputes or objections arising from disputes unrelated to the planning application.

3. Determine applications for consent or approval required by any conditions attached to a planning permission (other than reserved matters) where indicated in the schedule of applications. 4. Undertake functions relating to Street Name and numbering. 5. To process and initiate enforcement procedures against breaches of planning control and in the making of Tree Preservation Orders. 6. Where (s)he feels urgent action is required, take any step pursuant to Town and Country Planning or related legislation. 7. Where no adverse representations have been received, (i) confirm tree preservation orders and (ii) grant any consent necessary for works to trees. 8. After consultation with ward Members, determine applications for telecommunications masts which cannot be considered by Planning Applications Committee within 56 days of receipt. 9. Negotiate terms of section 106 TCPA90 obligations. 10. Lodge representations to the Traffic Commissioner in respect of goods vehicles operators’ licence applications.

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Council Meeting - 15th May, 2013 76