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Agenda for a Meeting of the Policy, Resources and Performance

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Agenda for a Meeting of the Policy, Resources and Performance Agenda AGENDA for a meeting of the RESOURCES AND PERFORMANCE CABINET PANEL in COMMITTEE ROOM B at County Hall, Hertford on THURSDAY, 12 MAY 2016 at 9.00AM ___________________________________________________________________ MEMBERS OF THE PANEL (11) (Quorum 3) J Billing, M Cowan, C M Hayward (Chairman), D E Lloyd, P V Mason, M B J Mills-Bishop, L F Reefe, A Searing, R H Smith, A Stevenson (Vice-Chairman), P M Zukowskyj Meetings of the Cabinet Panel are open to the public (this includes the press) and attendance is welcomed. However, there may be occasions when the public are excluded from the meeting for particular items of business. Any such items are taken at the end of the public part of the meeting and are listed under “Part II (‘closed’) agenda”. Committee Room B is fitted with an audio system to assist those with hearing impairment. Anyone who wishes to use this should contact main (front) reception. Members are reminded that all equalities implications and equalities impact assessments undertaken in relation to any matter on this agenda must be rigorously considered prior to any decision being reached on that matter. PART I (PUBLIC) AGENDA 1. MINUTES To confirm the minutes of the meeting held on 18 March 2016. 2. PUBLIC PETITIONS The opportunity for any member of the public, being resident in or a registered local government elector of Hertfordshire to present a petition relating to a matter with which the Council is concerned, and is relevant to the remit of this Cabinet Panel, containing 100 or more signatures of residents or business ratepayers of Hertfordshire. Notification of intent to present a petition must have been given to the Chief Legal Officer at least 20 clear days before the meeting where an item relating to the subject matter of the petition does not appear in the agenda, or at least 5 clear days where the item is the subject of a report already on the agenda. At the time of the publication of this agenda no notices of petitions have been received. [Members of the public who are considering raising an issue of concern via a petition are advised to contact their local member of the Council. The Council's arrangements forAgenda the receipt Pack of 1 petitionsof 28 are set out in Annex 22 - 1 Petitions Scheme of the Constitution.] If you have any queries about the procedure please contact Deborah Jeffery, Democratic Services Officer, by telephone on (01992 555563) or by e-mail to [email protected]. 3. REVIEW OF REGISTRATION & CITIZENSHIP SERVICE FEES Report of the Director of Resources 4. SCHOOL PREMISES SPACE STANDARDS POLICY REVISION Joint Report of the Director of Resources and Director of Children’s Services 5. LAND AT CHAULDEN LANE, HEMEL HEMPSTEAD - TO CONSIDER THE FUTURE OF THE LAND Report of the Director of Resources 6. OTHER PART I BUSINESS Such Part I (public) business which, if the Chairman agrees, is of sufficient urgency to warrant consideration. PART II (‘CLOSED’) AGENDA EXCLUSION OF PRESS AND PUBLIC The Chairman will move:- “That under Section 100(A) (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item/s of business on the grounds that it/they involve/s the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the said Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.” PART II AGENDA 1. LAND AT CHAULDEN LANE, HEMEL HEMPSTEAD – TO CONSIDER THE FUTURE OF THE LAND Report of the Director of Resources If you require further information about this agenda please contact Deborah Jeffery, Democratic Services, on telephone no (01992) 555563 number or email [email protected]. Agenda documents are also availableAgenda on Pack the internet 2 of 28 at: http://www.hertsdirect.org/hccmeetings. 2 Agenda Item HERTFORDSHIRE COUNTY COUNCIL No. RESOURCES & PERFORMANCE CABINET PANEL THURSDAY 12 MAY 2016 AT 9.00AM 3 REGISTRATION & CITIZENSHIP SERVICE DISCRETIONARY FEES AND CHARGES Report of Chief Legal Officer Author: Steve Charteris, Head of Democratic & Statutory Services (Tel: 01992 555806) Executive Member: Chris Hayward 1. Purpose of the Report 1.1 To inform Panel of the proposed methodology for calculating discretionary fees for ceremonial and non-statutory appointment services delivered by Hertfordshire County Council Registration & Citizenship Service. 2. Summary 2.1 The report identifies ceremonial and appointment services where a discretionary fee is set by the County Council and presents the proposed calculation methodology for setting fees for services to the public who elect to use them. 3. Recommendations 3.1 Panel is requested to recommend to Cabinet that they agree the methodology detailed within the report for the setting of discretionary ceremonial and appointment fees by the Registration & Citizenship Service. 4. Background 4.1 Hertfordshire Registration & Citizenship Service delivers birth, death, marriage and civil partnership registrations, ceremonial services for civil marriages, civil partnerships (same sex partnerships), civil naming ceremonies, civil funerals and renewal of vows ceremonies, plus citizenship ceremonies, nationality checking service (NCS), settlement checking service (SCS) and change of name deeds service. 4.2 Registration services are delivered from the Hertfordshire Register Office in Hatfield and Registration Offices in Watford, Stevenage, St Albans, Hemel Hempstead, Hertford, Cheshunt and Bishop's Stortford. Citizenship services are delivered from the Citizenship Unit in Hatfield. Agenda Pack 3 of 28 1 4.3 The majority of fees charged by the Registration & Citizenship Service are statutory and laid down nationally by the General Register Office and Home Office. However, some fees are a matter for the Local Authority, in accordance with Regulation 12(6) of the Marriages and Civil Partnerships (Approved Premises) Regulations 2005 and Section 93 of the Local Government Act 2003 – Powers to charge for discretionary services. 4.4 The methodology for calculation of fees for ceremonial services and non-statutory appointment services has not been reviewed for some time. Traditionally, price increases have been based on income inflation rates and benchmarking with other local authorities and other providers such as independent celebrants and religious and non- religious belief organisations, whilst ensuring that taking one financial year with another, the income from charges does not exceed the costs of provision. 4.5 It is incumbent upon the local authority to be transparent in the charges levied and it is believed that this is best achieved through establishing clear methodology for the calculation of fees, which can be applied each year for the following year. 5. Legislation and Guidance 5.1 Regulation 12(6) of the Marriages and Civil Partnerships (Approved Premises) Regulations 2005 provides that “The Superintendent Registrar… shall be entitled to receive… a fee of an amount determined by the Authority as reasonably representing all the costs to it of providing a Registrar and Superintendent Registrar to attend at a solemnization”. 5.2 Specifically, the legislation states: (6) The superintendent registrar in whose presence persons are married on approved premises shall be entitled to receive from them a fee of an amount determined by the authority as reasonably representing all the costs to it of providing a registrar and superintendent registrar to attend at a solemnization. 5.3 (7) Where a civil partnership registrar for any area attends when two people sign the civil partnership schedule on approved premises, the authority for that area shall be entitled to receive from them a fee of an amount determined by it as reasonably representing all the costs to it of providing the civil partnership registrar to attend at the formation. 5.4 (8) An authority may set different fees under paragraphs (6) and (7) for different cases or circumstances. 5.5 Section 93 of the Local Government Act provides that the Authority has the power to charge for discretionary services: Agenda Pack 4 of 28 2 5.6 (1) Subject to the following provisions, a best value authority may charge a person for providing a service to him if - (a )the authority is authorised, but not required, by an enactment to provide the service to him, and . (b) he has agreed to its provision. (2)Subsection (1) does not apply if the authority - (a) has power apart from this section to charge for the provision of the service, or . (b) is expressly prohibited from charging for the provision of the service. (3) The power under subsection (1) is subject to a duty to secure that, taking one financial year with another, the income from charges under that subsection does not exceed the costs of provision. (4) The duty under subsection (3) shall apply separately in relation to each kind of service. (5) Within the framework set by subsections (3) and (4), a best value authority may set charges as it thinks fit and may, in particular -. (a) charge only some persons for providing a service; . (b) charge different persons different amounts for the provision of a service. (6 ) In carrying out functions under this section, a best value authority shall have regard to such guidance as the appropriate person may issue. 5.7 The Proper Officer's Guide to Registration Service Delivery (Version 3.5) published by HM Passport Office – General Register Office states: 5.8 1.15 Marriage legislation grants local authorities the power to set local fees for the approval of venues for the solemnization of marriages, the registration of civil partnerships and for the attendance of registration officers at ceremonies at those venues. Local authorities are empowered to set the level of fees for these which ‘reasonably represent the costs’ incurred in respect of considering the application and providing officers to attend marriages or civil partnerships.
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