The Council and the Executive
hereby delegates to individual members of the Executive power and
authority to make Executive Decisions falling within any one or
more of the categories of decision listed below, in respect of the
areas of work responsibility (portfolio) allocated to such members
by the Council and the Executive, from time to time, subject to the
terms and conditions of this scheme.
Category One Initiation
of Processes
Power to authorise the officers
to commence any formal or other processes (including the making of
statutory orders or schemes) leading eventually to consideration of
the substance of the matter by the Executive or to completion by
officers in the absence of any requirement for consideration by the
Executive (e.g. the making or confirmation of statutory orders
which have been publicised in accordance with statutory
requirements and no representations received.)
Category Two Authorising
Action to Enable Matters Previously Approved(by Executive) in
Principle
Power to authorise the officers to conclude any matter,
process or transaction the undertaking of which, in principle, has
previously been considered and authorised by the Executive.
Category Three - Minor
Permissions, Consents And Authorities
(a) Power to authorise minor works
(value not exceeding £5000) on Council land or to Council buildings
or to be undertaken by third parties on their property pursuant to
statutory authority from the Council.
(b) Power to authorise celebratory
or other leisure related events and activities of a non-recurring
nature on Council land.
(c) Power to approve statutory
grants.
(d) Power to authorise Council
officers to represent the Council on public and/or voluntary
organisations which the Council has an interest in
supporting.
(e) Power to authorise officers to
make temporary orders and other arrangements to enable events of a
public ceremonial or celebratory nature in the Borough.
(f) Power to authorise officers
outside the Solicitor to the Council's office to prosecute and
appear in magistrates and other courts pursuant to specific
statutory authorities.
(g) Power to authorise officers to
enter into agreements and arrangements with other local
authorities, other public sector bodies and organisations
undertaking activities of a public nature where this is expedient
to the effective provision of services by the Council.
(h) Power to determine applications
for hardship rate relief referred to the Executive member by the
Head of Resources due to special circumstances or the scale of
potential job losses.
(i) Power to approve requests not to
demand the repayment of renovation grants upon breach of grant
conditions.
(j) (i) authority to
agree, in consultation with the Managing Director or the
appropriate
Director,
amendments to existing policies and plans where that agreement does
not
incur
additional expenditure or commitment to reduced income and does not
go to the
heart
of the existing policy or plan;
(ii) where
any such action is taken, a "minute" of the action shall be
submitted to the next
following
ordinary meeting of the Executive for noting only;
(iii) this
delegation does not apply to plans and policies as identified as
being in the Policy
Framework in
Article 4 of the Constitution.
Category Four Minor Property
Transaction
Power to approve transactions of
whatsoever nature involving Council land or buildings where the
value thereof does not exceed £50,000 and the transaction is not
capable of being approved by officers under their delegated
powers.
Category Five Consultation
Response Unless Proposal(s) Of Significant Relevance To
Havant
Power to authorise a response by
or on behalf of Havant Borough Council to a consultation by a
Minister of the Crown, Government Department, other public sector
body or local authority on matters falling within the purview of
the Executive; provided that;
(a) if the officers, or the
Executive Portfolio holder, when consulted, consider that any
consultation raises issues of Council wide interest or
significance, it shall be referred to the Executive, or appropriate
Overview and Scrutiny Board, to agree a response; and,
(b) if the consultation is
concerned only with, and calls for a response on matters of a very
technical professional nature then officers may deal with it
without reference to a portfolio holder.
Category Six Fees and
Charges
(a) Following the Executive agreeing
general guidance on the approach to be taken to setting fees and
charges in the budget strategy each year, power to agree, with the
relevant officers, the achievable options for income generation for
each appropriate service undertaken by the Council; which are
within the control of the Executive;
(b) Following these options having
been reported to and agreed by the Executive, power to agree the
appropriate detailed charges with the relevant officers, in
accordance with the options agreed by the Executive.
Category Seven
Contracts
(a) Power to approve the negotiation
of a contract to which the Council is to be a party where the value
is over £100,000, provided the cost is within budget provision
(assuming officers are satisfied there are good reasons to do so
and explain these reasons in their report to the relevant Executive
member).
(b) Power to approve a tender from a
third party to undertake works for or provide goods or services to
the Council where the value of the tender is over £50,000 and it is
not the lowest received subject to the Executive member concerned
receiving a report from the relevant Director to justify
this.
(c) Power to approve significant
(over £25,000 in value) variations to contracts or significant
variances after agreement of the final account subject to the
Executive member concerned receiving a report from the relevant
Director to justify this.
Terms and
Conditions
1 A decision in accordance with
this scheme may not be taken by an individual Executive member
where this comprises a "key decision" or a "significant decision"
as defined by the Council and the Executive from time to
time.
2 Where a decision involves
expenditure or reduced income it may only be taken by the Executive
member if he or she is satisfied that the Head of Resources has
confirmed that the financial implications have been authorised
fully in accordance with Financial Regulations.
3 A decision in accordance with
this scheme may not be taken by an individual Executive member
unless it is concerned with or relates to any Council function,
activity or business falling within the portfolio of work allocated
to that individual Executive member by the Council/Executive. Where
a matter requiring a decision affects more than one portfolio of
work the decision sought by the officers shall be taken by the
relevant Executive members acting jointly.
4 A decision in accordance with
this scheme may not be taken by an individual Executive member
otherwise than in response to a written report from the appropriate
Council officer.
5 A decision in accordance with
this scheme may not normally be taken by individual Executive
member(s) otherwise than on a pre-agreed date and at a pre-agreed
time at the Civic Offices, Havant, when all officers concerned with
the matter(s) under consideration will have the opportunity to be
present.
6 Exceptionally, in a case of
genuine urgency certified by the Council officer presenting the
matter to the individual Executive member in question, and endorsed
by the Solicitor to the Council, a decision in accordance with this
scheme may be taken by an individual Executive member otherwise
than in compliance with 5. above subject to the other terms and
conditions of this scheme being fully complied with.
7 Notwithstanding 6. above, a
decision in accordance with this scheme may not be taken by an
individual Executive member otherwise than when arrangements have
been made for a Council officer to be present with the member
concerned to make a proper record of the decisions taken.
8 The record of decisions taken
on any occasion by an Executive member pursuant to this scheme
shall be notified to all members of the Council within one working
day after the day on which those decisions are taken.
9 Any member(s) of the Council
may question any such decision within five working days of
notification pursuant to 8. above. The member(s) in question shall
seek first to resolve their concerns by discussion with the
Executive member(s) making the decision, but if unable to do so may
request the Chair (or in his/her absence) Vice-Chair of the
relevant Overview and Scrutiny Board to notify the Democratic
Services Manager, within the five working days, that the matter in
question is to be referred to the next available meeting of the
Executive for determination. The Chair or Vice-Chair of the
relevant Overview and Scrutiny Board shall not so act unless
reasonably satisfied that the concerns raised by the member or
members are merited and such as to justify the decision in question
being referred to the Executive for determination (the Chair or
Vice-Chair may seek the views of any relevant officer in reaching a
conclusion on this). Decisions taken by Executive members pursuant
to this scheme shall not be acted upon during this period. The
provisions of this paragraph shall not apply to a decision taken by
an Executive member pursuant to paragraph 6. of these Terms and
Conditions (urgent decisions), but any member of the Council may
request that such decision be reviewed by the next available
meeting of the Executive to ensure that it having been made as an
urgent decision was wholly justified.
10 A record of the decisions
taken by Executive members in accordance with this scheme shall be
publicised on ORION (or any successor system).