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Agenda Item No. 6

 

The Vale of Glamorgan Council

 

Council Meeting: 13th December, 2017

 

Report of the Monitoring Officer

 

Review of the Council's Constitution - Officer Delegations

 

Purpose of the Report

  1. To seek Council approval for additions/amendments to the delegated powers in the Council's Constitution.

Recommendation

That the changes to Officer Delegations as set out in paragraphs 4 to 7 of the report be approved and the Constitution be amended accordingly.

Reason for the Recommendation

To update the Officer Delegation Scheme to reflect current structures and legislative provisions.

Background

  1. The Constitution remains under review on an ongoing basis. Under Section 2.4 of the Constitution, the Monitoring Officer has a duty to monitor and review the operation of the Constitution to ensure that the aims and principles contained therein are given full effect.
  2. Section 2.6.2 of the Constitution provides for any changes considered by the Monitoring Officer to be "required to be made to remove any inconsistency, ambiguity or typographical connection to be made in a report to the next Full Council meeting for information".

Relevant Issues and Options

  1. The Shared Regulatory Services Joint Committee approved the harmonisation of Animal Licence Conditions across the Shared Regulatory Service Local Authorities' region in order to avoid the need for repeated reports to be brought to the Joint Committee on every occasion that amendments to the licence conditions were required. The Joint Committee subsequently resolved that the Head of Shared Regulatory Services be authorised to make any further amendments that may prove necessary over time to animal-related licence conditions.
  2. The above resolution, although approved by the Joint Committee under their delegated powers, requires an amendment to the Council's Constitution to incorporate the additional delegation to the Head of Shared Regulatory Services.
  3. Members are also informed that under Section 25 of the Constitution - Officer Delegations (within the Social Services Directorate), reference is made to the Head of Business Management and Information. As a result of restructuring changes the Head of Business Management and Information title has now become the Head of Resources Management and Safeguarding. It is therefore requested that all reference to the Head of Business Management and Information in the Constitution be amended to refer to the Head of Resources Management and Safeguarding.
  4. Finally, a number of changes are proposed to the delegations resting with the Section 151 Officer and Deputy Section 151 Officer. In summary, these are as follows:
      •   "5.     Authority to implement the provisions of the Housing Benefit and Council Tax Benefit schemes, including the backdating of claims and the acceptance of late claims in appropriate cases" - replace "Council Tax Benefit" with "Council Tax Reduction".
      •   "6.     Authority to write off any Housing Benefit and / or Council Tax Benefit overpayments which are irrecoverable" - replace "Council Tax Benefit" with "Council Tax Reduction".
      • "27.     To determine applications for student awards in accordance with Council policy" - delete this delegation as the Council no longer administers Student Awards.
      • "34.     To operate the two new discretionary rate relief schemes - New Developments Scheme (NDS) and the Open For Business Scheme - attached at Appendices A and B to the report to Cabinet on 24th February, 2014, in consultation with the Leader as Cabinet Member for Finance - delete this delegation as these schemes have now ceased in operation."
      • "35.     To operate the Retail Rate Relief Scheme and Revaluation Rate Relief Scheme, in consultation with the Leader as Cabinet Member for Performance and Resources" - these schemes have now ceased in operation. Reword delegation to read "To operate the Small Business Rate Relief Scheme and High Street Rate Relief Scheme, in consultation with the Leader as Cabinet Member for Performance and Resources".

Resource Implications (Financial and Employment)

  1. None as a direct result of this report.

Sustainability and Climate Change Implications

  1. None as a direct result of this report.

Legal Implications (to Include Human Rights Implications)

  1. The Council is required to comply with the Local Government Act 2000 and subordinate legislation in the drawing up and subsequent operation of the Constitution.

Crime and Disorder Implications

  1. There are no crime and disorder implications arising.

Equal Opportunities Implications (to include Welsh Language issues)

  1. None as a direct result of this report.

Corporate/Service Objectives

  1. The Constitution is part of the framework supporting the Council's commitment to provide political leadership and active relationship and engagement.

Policy Framework and Budget

  1. The adoption and subsequent changing of the Constitution is a matter for Full Council.

Consultation (including Ward Member Consultation)

  1. The monitoring and amendment of the Constitution is an internal matter and therefore no external consultation is necessary.

Relevant Scrutiny Committee

  1. Corporate Performance and Resources.

Background Papers

Council Constitution

Contact Officer

Jeff Wyatt, Tel: (01446) 709408; email: democratic@valeofglamorgan.gov.uk

Officers Consulted

Managing Director

Operational Manager (Democratic Services)

Director of Social Services

Responsible Officer:

Debbie Marles, Monitoring Officer