LEICESTER CITY COUNCIL CONSTITUTION THIS EDITION OF THE CONSTITUTION INCLUDES CHANGES APPROVED BY COUNCIL ON THE 15th MAY, 2008 NEW CONSTITUTION CONTENTS PART 1: SUMMARY AND EXPLANATION 4 PART 2 – ARTICLES OF THE CONSTITUTION 7 ARTICLE 1 - THE CONSTITUTION 7 ARTICLE 2 - MEMBERS OF THE COUNCIL 8 ARTICLE 3 - CITIZENS AND THE COUNCIL 11 ARTICLE 4 - THE FULL COUNCIL 13 ARTICLE 5 - THE LORD MAYOR 16 ARTICLE 6 - SCRUTINY COMMITTEES 17 ARTICLE 7 - THE CABINET 19 ARTICLE 8 - REGULATORY AND OTHER COMMITTEES 21 ARTICLE 9 - THE STANDARDS COMMITTEE 22 ARTICLE 10 - AREA COMMITTEES AND FORUMS 23 ARTICLE 11 - JOINT ARRANGEMENTS 25 ARTICLE 12 - OFFICERS 27 ARTICLE 13 - DECISION MAKING 32 ARTICLE 14 - FINANCE, CONTRACTS AND LEGAL MATTERS 34 ARTICLE 15 - REVIEW AND REVISION OF THE CONSTITUTION 36 ARTICLE 16 - SUSPENSION, INTERPRETATION AND PUBLICATION 37 SCHEDULE 1 DESCRIPTION OF EXECUTIVE ARRANGEMENTS 38 PART 3 - RESPONSIBILITY FOR FUNCTIONS 39 INTRODUCTION 39 FULL COUNCIL FUNCTIONS 40 OTHER COUNCIL FUNCTIONS 42 DEVELOPMENT CONTROL COMMITTEE 43 LICENSING COMMITTEE 45 LICENSING SUB-COMMITTEE 47 EMPLOYEES COMMITTEE 48 AUDIT COMMITTEE 49 STANDARDS COMMITTEE 51 STANDARDS SUB-COMMITTEE (INITIAL ASSESSMENT) 53 STANDARDS SUB-COMMITTEE (REVIEW) 54 LOCAL CHOICE FUNCTIONS 55 CABINET: ARTS, LEISURE AND THE ENVIRONMENT 59 CABINET: BEST VALUE 65 CABINET: EDUCATION AND LIFELONG LEARNING 66 CABINET: FINANCE AND RESOURCES 67 CABINET: HIGHWAYS AND TRANSPORTATION 72 CABINET: HOUSING AND NEIGHBOURHOOD RENEWAL 74 CABINET: RESOURCES AND CORPORATE ISSUES 77 CABINET: SOCIAL SERVICES AND PERSONAL HEALTH 78 CABINET: STRATEGIC PLANNING AND REGENERATION 80 COMMUNITY MEETINGS 83 SCRUTINY COMMITTEES: TERMS OF REFERENCE 87 SCRUTINY COMMITTEE: OVERVIEW AND SCRUTINY MANAGEMENT BOARD 89 PERFORMANCE AND VALUE FOR MONEY SELECT COMMITTEE 90 HEALTH OVERVIEW AND SCRUTINY COMMITTEE 91 PART 4A COUNCIL PROCEDURE RULES 93 PART 4B - ACCESS TO INFORMATION - PROCEDURE RULES 118 NEW PUBLIC INTEREST TEST 129 PART 4C BUDGET AND POLICY FRAMEWORK PROCEDURE RULES 133 PART 4D - CABINET PROCEDURE RULES 138 PART 4E - SCRUTINY PROCEDURE RULES 145 PART 4F: FINANCE PROCEDURE RULES 154 PART 4G – CONTRACT PROCEDURE RULES 198 PART 4H – OFFICER EMPLOYMENT PROCEDURE RULES 293 PART 5 - POLITICAL CONVENTIONS 296 PART 6 – MEMBERS' ALLOWANCES SCHEME 347 PART 7 – MANAGEMENT STRUCTURE 359 PART 1: SUMMARY AND EXPLANATION The Council's Constitution Leicester City Council has agreed to a new Constitution which governs and shows how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by law, while others have been chosen by the Council. Further developments in the law may require the Council to make further changes to the Constitution. The Constitution is divided into 16 Articles which set out the basic rules governing the Council's business. More detailed procedures and codes of practice are provided in separate rules and protocols at the end of the document. How the Council operates The Council is composed of 54 Councillors, elected every four years or such alternative arrangements as may be determined by the Electoral Commission. Councillors are accountable to all Leicester citizens. The overriding duty of Councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them. Following public consultation, the Council has decided to adopt a Cabinet and Leader form of Executive as set out in this Constitution. All Councillors meet together as the Council. These meetings are normally open to the public. Here Councillors decide the Council's overall policies and set the budget each year. The Council appoints the Cabinet which has, as a main role, the task of developing and implementing policy on behalf of the Council. It comprises up to ten Councillors, including the Council's Leader, who are appointed by the Council to those positions. A number of Scrutiny Committees monitor the decisions of the Cabinet and the implementation of policy. They can also recommend policies to the Cabinet and Council. They allow citizens to have a greater say in Council matters and are consulted by the Cabinet on developing policies. Scrutiny Committees can "call-in" a decision which has been made by the Executive but not yet implemented. This enables them to consider whether the decision is appropriate. They may recommend that the Cabinet reconsider the decision. The Council also appoints Regulatory Committees to perform the Council's regulatory functions such as development-control and licensing. Other specialist committees are appointed by the Council from time to time. The Council has established a Standards Committee to advise on the adoption and implementation of a Code of Conduct and Political Conventions for elected and co- opted Members. All Members have agreed to follow these so as to ensure high standards in the way they undertake their duties. The Standards Committee ensures there is appropriate training and advice on the code. How Decisions Are Made The Cabinet has to make decisions which are in line with the Council's overall policies and budget. If it wishes to make a decision which is outside the budget or policy framework, this must be referred to the full Council to decide. Key decisions which are to be made are published in the Cabinet's Forward Plan in so far as they can be anticipated. The form of the Forward Plan is as contained in the Access to Information rules shown in Part 4-B. Meetings of the Cabinet are open for the public, except where personal or confidential matters are being discussed. The Council's Employees The Council's employees, "officers", give advice to Councillors, implement decisions and manage the day to day delivery of its services. All officers must ensure that they act within the law when doing so, although some officers have a specific duty to ensure that the Council acts within the law and uses its resources properly. Political Conventions govern the relationship between officers and Members of the Council. Citizens' Rights Citizens have a number of rights in their dealings with the Council. Some of these are legal rights, whilst others are offered by the Council. Where members of the public use specific Council services, for example as a parent of a school pupil or as a Council tenant, they have additional rights, not covered in this Constitution. Citizens' rights (which are set out in more detail in Article 3) include the right to: ? Vote at local elections if they are registered. ? Contact their local Councillors about matters of concern to them. ? Obtain a copy of the Constitution. ? Attend meetings of the Council, the Cabinet and committees except where personal or confidential matters are being discussed. ? Petition for a referendum on a mayoral form of Executive. ? Participate in the Council's question time and in certain parts of Scrutiny Committee business. ? See reports, background papers and records of decisions made by the Council, the Cabinet and committees (except for personal and confidential matters). ? Complain to the Council about service delivery (schools and colleges having their own complaints procedures). ? Complain to the Ombudsman (who normally expects the Council to be given the chance to deal with the complaint first). ? Complain to the Council's Standards Committee or the Standards Board for England if they have evidence which they think shows that a Councillor has not followed the Council's Code of Conduct and Conventions. ? Inspect the Council's accounts during a statutory period and make their views known to the external auditor. PART 2 – ARTICLES OF THE CONSTITUTION ARTICLE 1 - THE CONSTITUTION 1.01 Powers of the Council The Council will exercise all its powers and duties in accordance with the law and this Constitution. 1.02 The Constitution The Constitution, including all its various parts, is the Constitution of Leicester City Council. 1.03 Purpose of the Constitution The purpose of the Constitution is to provide a framework and set of principles which govern the way the Council operates. It explains how decisions are made and who is responsible for making them with a view to: ? Enabling the Council to provide clear, democratic leadership to the community in partnership with citizens, businesses, voluntary and other organisations. ? Supporting the active involvement of citizens in the process of local authority decision making. ? Helping Councillors represent their constituents more effectively. ? Enabling decisions to be taken efficiently and effectively and transparently. ? Creating a powerful and effective means of holding decision makers to public account. ? Ensuring that no-one will review or scrutinise a decision in which they were directly involved. ? Ensuring that those responsible for decision making are clearly identifiable to local people and that they explain the reasons for decisions; and ? Providing a means of improving the delivery of services to the community. 1.04 Interpretation and review of the Constitution Where the Constitution permits the Council to choose between different courses of action, the Council will always choose that option which it thinks is closest to the purposes stated above. The Council will monitor and evaluate the operation of the Constitution, as set out in Article 15. ARTICLE 2 - MEMBERS OF THE COUNCIL 2.01. Composition and Eligibility (a) Composition. The number of Elected Members and their Ward arrangements are determined by the Electoral Commission. Currently the Council will comprise 54 Elected Members, otherwise called Councillors. Two or three Councillors will be elected by the voters of each Ward. (b) Eligibility. Eligibility is determined by legislation. Only registered voters of the city of Leicester or those living and working there will be eligible to hold the office of Councillor. 2.02. Election and Terms of Councillors Election and Terms. Election arrangements and terms of office are determined by legislation and the Electoral Commission. Currently, the regular election of Councillors will be held on the first Thursday in May every four years beginning in 2003. The terms of office of Councillors will start on the fourth day after being elected and will finish on the fourth day after the date of the next regular election. 2.03. Roles and Functions of all Councillors (a) Key Roles All Councillors:- (i) are collectively the ultimate policy-makers and carry out a number of strategic and corporate functions; (ii) contribute to the good governance of the city, by representing their communities and bringing their views into the Council's decision- making process and encouraging community participation and citizen involvement; (iii) represent the whole community, with a special responsibility to represent the interests of their ward and its individual constituents, whether or not they voted for them. (iv) participate in the governance and management of the Council; (v) are available to represent the Council on other bodies; and, (vi) will maintain the highest standards of conduct and ethics. (b) Rights and Duties (i) Councillors will have such rights of access to such documents, information, land and buildings of the Council as are reasonably necessary for the proper discharge of their functions as a Councillor and in accordance with the law. (ii) Councillors will not make public any information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or officer entitled to know it. (iii) For these purposes "confidential" and "exempt' information are defined in the Access to Information Rules in Part 4 of this Constitution. 2.04 Election of the Lord Mayor Leicester has a Lord Mayor who performs a number of civic and ceremonial duties, and also chairs full Council meetings. The Lord Mayor is chosen and appointed by the full Council at its annual Council meeting. The term of office for the Lord Mayor is one year until his/her successor is elected and appointed at the next annual meeting, unless he/she ceases to hold the office of Lord Mayor in the meantime for any other reason, for example if they are no longer a Councillor. 2.05 Conduct Councillors will, at all times, observe the Members' Code of Conduct and the Conventions on Member/Officer Relations as set out in Part 5 of this Constitution. 2.06 Allowances Councillors will be entitled to receive allowances in accordance with the Members' Allowances Scheme set out in Part 6 of this Constitution. 2.07 Honorary Aldermen The City Council may confer the title of Honorary Alderman on persons who have, in the opinion of the Council, rendered eminent services to the Council as past members of that Council but who are not then Councillors of the Council. Such a decision must be made by a resolution passed by not less than two thirds of the members voting thereon at a special meeting of the Council. The title can only be conferred upon past members of the Council who are not councillors at the date of that meeting. An Honorary Alderman may attend and take part in such civil ceremonies as the Council may from time to time decide, but shall not, as such, have the right: - to attend meetings of the Council or a Committee of the Council, or - to receive any allowance or other payment under the Members Allowances Scheme. Those appointed as Honorary Aldermen are invited to major civic events and other events where the Honorary Aldermen's personal knowledge and interests would add value to the occasion. ARTICLE 3 - CITIZENS AND THE COUNCIL 3.01 Citizens' Rights Citizens have the following rights. Their rights to information and to participate are explained in more detail in the Access to Information Rules in Part 4 of this Constitution. (a) Voting. Citizens on the electoral register for the area have a right to vote and they also have a right to petition to request a referendum for an Elected Mayor form of Constitution. (b) Information. Citizens have the right to:- (i) attend meetings of the Council, the Cabinet and its Committees except when confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private; (ii) find out from the Forward Plan what key decisions will be taken by the Cabinet and when; (iii) see reports, background papers, and records of decisions made by the Council, the Cabinet and Committees except where they contain confidential or exempt information. (iv) inspect the Council's accounts during a period each year, specified by law, and make their views known to the external auditor. (c) Participation. Citizens have the right to submit petitions to the Council or a Scrutiny Committee and to participate in the question time at both full Council and Scrutiny Committees. (d) Complaints. Citizens have the right to complain to:- (i) the Council itself under its complaints/compliments scheme; (ii) the Ombudsman preferably after giving the Council the opportunity to deal with the matter; (iii) the Council's Standards Committee about a breach of the Councillors' Code of Conduct. iv) Standards Board for England about a breach of the Councillors' Code of Conduct. 3.02 Citizens' Responsibilities In return for their rights, the Council hopes that citizens will conduct themselves in a reasonable way when dealing with Council officers or elected members, or when using Council facilities. They are asked to: i. have regard to the rules and procedures which Council staff must follow. ii. Recognise that the Council has obligations to all its citizens and has to strike a balance between them. iii. Behave with due courtesy, tolerance and respect. ARTICLE 4 - THE FULL COUNCIL 4.01 Functions of the full Council The following functions are the responsibility of full Council: (a) adopting and changing the Constitution, and any corporate rules, Protocols and the Council's Political Conventions which form part of the Constitution.. (b) approving or adopting the Policy Framework, the Budget and any application to the Secretary of State in respect of any Housing Land Transfer. (c) subject to the urgency procedure contained in the Budget and Policy Framework Procedure Rules in Part 4 of this Constitution, making decisions about any matter in the discharge of an executive function which is covered by the Policy Framework or the Budget where the decision maker is minded to make it in a manner which would be contrary to the Policy Framework or contrary to/or not wholly in accordance with the Budget. (d) appointing the Leader and Members of the Cabinet. (e) agreeing and/or amending the Terms of Reference for Committees, deciding on their composition and making appointments to them. (f) adopting an allowance scheme under Article 2. (g) changing the name of the area, conferring the title of Honorary Alderman or Freedom of the City. (h) confirming the appointment of the Head of Paid Service. (i) making, amending, revoking, re-enacting or adopting bye-laws and promoting or opposing the making of local legislation or personal Bills. (j) agreeing to accept delegation of any function from another local authority. (k) all other matters, in addition to the above, which, by law, must be reserved to full Council. (l) establishment of formal twinning links (m) all local choice functions, as set out in Part 3 of the Constitution: which the Council decides should be undertaken by itself rather than the Cabinet; although full Council will be able to delegate such functions to a committee or officer. Delegations are shown in Part 3 of this Constitution. (n) appointing representatives to outside bodies, unless the appointment is an executive function, or has been delegated by full Council as shown in Part 3 of this Constitution. (o) substantial Council decisions relating to the preparation and maintenance of the electoral register and the conduct of local elections. And such other Council functions as the Council decides to reserve to itself, either to comply to the law or as a matter of local choice. 4.02 Council Meetings There are three types of Council Meeting: (a) the Annual Meeting (b) ordinary meetings (c) extraordinary meetings and they will be called and conducted in accordance with the Council Procedure Rules in Part 4 of this Constitution. 4.03 Responsibility for Functions The Council will maintain the tables in Part 3 of this Constitution setting out the responsibilities for the Council's functions which are not the responsibility of the Cabinet. 4.04 Meanings (a) Policy Framework. The Policy Framework means those plans and strategies which are reserved to full Council by law or which the Council decides from time to time to reserve to itself as a matter of local choice. Currently these are: (i) reserved to full Council as required by law: ? Annual Library Plan ? Best Value Performance Plan ? Children's Services Plan ? Community Care Plan ? Community Strategy ? Crime and Disorder Reduction Strategy ? Early Years Development Plan ? Education Development Plan ? Local Transport Plan ? Plans and strategies which together comprise the Development Plan (e.g. City of Leicester Local Plan) ? Youth Justice Plan (ii) reserved to full Council as a matter of local choice: ? Health Improvement Plan ? Equal Opportunities Strategy ? Food Law Enforcement Service Plan ? Environmental Strategy (e.g. EMAS, Local Agenda 21). ? Adult Learning Plan ? Quality Protects Management Action Plan ? Community learning plans ? Housing Strategy (including Council housing rents, establishment of renewal areas, housing investment plan, Housing Improvement Programme). ? Joint Investment Plans ? Local cultural strategy ? Leicester regeneration strategy ? Waste Management Strategy Council can, from time to time, add or change the above list of plans and strategies reserved to full Council so as to comply with the law or as a matter of local choice where discretion is available. (b) Budget. The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the Council Tax base, setting the Council Tax and decisions relating to the control of the Council's borrowing requirements, arrangements for the control of its capital expenditure and the setting of strategies for the control over the Authority's borrowing, investments and capital expenditure, including the setting of virement limits. (c) Housing Land Transfer. Housing Land Transfer means the approval or adoption of applications (whether in draft form or not) to the Secretary of State for approval of a programme of disposal of 500 or more properties to a person under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 and 43 of the Housing Act 1985. ARTICLE 5 - THE LORD MAYOR 5.01 Role and Function of the Lord Mayor The Lord Mayor and, in his/her absence, the Deputy Lord Mayor or High Bailiff performs the following key roles: Ceremonial Role The Lord Mayor has the civic and ceremonial role of being Leicester's "First Citizen", and acts as a symbol of authority, a symbol of an open society and provides an expression of social cohesion. The Lord Mayor's responsibilities are: ? to uphold and promote the purposes of the Constitution, and to interpret the Constitution when necessary. ? to chair meetings of the Council so that its business can be carried out efficiently and with regard to the rights of Councillors and the interests of the community. ? to ensure that the Council Meeting is a forum for the debate of matters of concern to the local community and the place at which Members who are not on the Cabinet are able to hold the Cabinet Members to account. ? to promote public involvement in the Council's activities. ? to attend such civic and ceremonial functions for the Council as he/she determines appropriate. Chairing the Council Meeting Meetings of the Council will be chaired by the Lord Mayor, or in his/her absence, the Deputy Lord Mayor (or in the absence of the Deputy Lord Mayor as well, the High Bailiff). Should all three be absent the Council will elect a chair for the Meeting. 5.02 Appointment of the Lord Mayor The Lord Mayor, Deputy Lord Mayor and High Bailiff will be elected at each Annual Meeting of the Council for a term of office expiring with the election of the next office holder. Casual vacancies arising during any year may be filled by election at a Council meeting. ARTICLE 6 - SCRUTINY COMMITTEES 6.01 Appointment of Scrutiny Committees The Council will appoint Scrutiny Committees in accordance with the requirements of legislation, currently Section 21 of the Local Government Act 2000. At each Annual Meeting the Council will review and determine the number, membership and terms of reference of its Scrutiny Committees. The Council may decide to vary these from time to time. The full current terms of reference of the Council's Scrutiny Committees are detailed in Part 3 of the Constitution. 6.02 General role Within their terms of reference, Scrutiny Committees will:- i. review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council's functions. ii. as appropriate, make reports and/or recommendations to the full Council, Cabinet or any committee in connection with the discharge of any functions. iii. consider any matter affecting the area or its inhabitants and iv. exercise the right to call-in for reconsideration, decisions made but not yet implemented by the Cabinet. 6.03 Specific functions (a) Policy development and review: Scrutiny Committees may:- i. assist the Council and the Cabinet in development of its budget and policy framework by in-depth analysis of policy issues. ii. conduct research, community and other consultation in the analysis of policy issues and possible options. iii. consider mechanisms to encourage and enhance community participation in the development of policy options. iv. question members of the Cabinet, committees and Directors about their views on issues and proposals affecting the City; and v. liaise with other external organisations operating in the City, whether national, regional or local to ensure that the interests of local people are enhanced by collaborative working. (b) Scrutiny: Scrutiny Committees may:- i. review and scrutinise the decisions made by and performance of the Cabinet , Committees and Council officers both in relation to individual decisions and over time. ii. review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas. iii. question members of the Cabinet, committees and Directors about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects. iv. make recommendations to the Cabinet, committees and the Council arising from the outcome of the scrutiny process. v. review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Scrutiny Committee and local people about their activities and performance; and vi. question and gather evidence from any person (with their consent). (c ) Finance. Scrutiny Committees may exercise overall responsibility for the finances made available to them. (d) Annual report. Scrutiny Committees may report annually to full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate. (e) Work programme. Scrutiny Committees may determine and exercise overall responsibility for their work programme. 6.04 Proceedings of Scrutiny Committees (a) Scrutiny Committees will conduct their proceedings in accordance with the Scrutiny Procedure Rules set out in Part 4 of the Constitution. (b) Any Scrutiny Committee member is able to place a matter relevant to the Scrutiny Committee's functions on its agenda for discussion, in accordance with the Scrutiny Rules. (c) A Scrutiny Committee does not have executive powers and may not discharge any functions of the Council other than its overview and scrutiny role set out above. ARTICLE 7 - THE CABINET 7.01 The role of the Cabinet The Cabinet will carry out all of the Council's executive functions which are not the responsibility of any other part of the Council, whether by law or under this Constitution. The current terms of reference of the Cabinet are as shown in detail in Part 3 of the Constitution. The Terms of Reference for the Cabinet are decided by the Council. The Terms of Reference for each Cabinet portfolio can be varied from time to time by the Leader. 7.02 Form and composition The Cabinet will consist of the Council Leader together with at least two, but not more than 9 Councillors appointed to the Cabinet by the Council at its Annual Meeting. Subject to this restriction on numbers, the Council may vary the size of the Cabinet from time to time. 7.03 Leader The Leader will be a Councillor elected to the position of Leader by the Council at its Annual General Meeting for a term of office expiring at the next Annual Meeting or until: a. he/she resigns from office (by written notice of the Monitoring Officer) or b. he/she is suspended from being a Councillor in accordance with the law (although he/she may resume office at the end of the period of suspension), or c. he/she is no longer a councillor, or d. the Council decides to remove the Leader from office, but only by a resolution of the full Council. 7.04 Deputy Leader A Deputy Leader may be appointed by the Council at its Annual Meeting for a term of office expiring at the next Annual General Meeting or until: a. he/she resigns from office (by written notice of the Monitoring Officer) or b. he/she is suspended from being a Councillor in accordance with the law (although he/she may resume office at the end of the period of suspension), or c. he/she is no longer a Councillor, or d. the Council decides to remove the Deputy Leader from office, but only by a resolution of the full Council. 7.05 Other Cabinet members The other Cabinet members shall hold office until the next Annual Meeting of the Council or until: a. they resign from office (by written notice of the Monitoring Officer) or b. he/she is suspended from being a Councillor in accordance with the law (although he/she may resume office at the end of the period of suspension), or c. they are no longer Councillors, or d. the Council removes them from office, either individually or collectively, but only by resolution of the full Council. 7.06 Casual vacancies The Council may appoint a Councillor to fill any position or vacancy which may arise in the Cabinet from time to time. 7.07 Proceedings of the Cabinet Proceedings of the Cabinet will take place in accordance with the Cabinet Procedure Rules set out in Part 4 of this constitution. 7.08 Responsibility for functions The Leader will maintain a list in Part 3 of this Constitution setting out which individual members of the Cabinet, committees of the Cabinet, officers or joint arrangements, are responsible for the exercise of particular Cabinet functions. ARTICLE 8 - REGULATORY AND OTHER COMMITTEES 8.01 Regulatory and other committees The Council will, at its Annual Meeting, review and determine the Regulatory and Other Committees it considers necessary, together with their Terms of Reference. The Council may amend these from time to time. The current terms of reference of these committees are detailed in Part 3 of the Constitution. ARTICLE 9 - THE STANDARDS COMMITTEE 9.01 Standards Committee The Council will establish a Standards Committee. Sub-Committees will also be established as required. 9.02 Role and Function The Standards Committee will be responsible for promoting and maintaining high standards of conduct by Councillors and co-opted members and officers. It will have roles and functions as set out in Part 3 of this Constitution. 9.03 Composition Membership. Membership will be determined by the Council each year at this Annual Meeting. This may be varied by the Council from time to time. It will be composed of at least: ? Three Councillors (other than the Lord Mayor and Leader); and, ? Two persons who are not Councillors or officers of the Council or any other body having a Standards Committee (Independent Members), who shall be appointed for any period as decided on by the Council. Quorum. The quorum of the Standards Committee is three members, including an independent member. 9.04 Independent Members. Independent members will be entitled to vote at meetings. 9.05 Chairing the Committee. The Committee will be chaired by one of the Independent Members. ARTICLE 10 - AREA COMMITTEES AND FORUMS 10.01 Area Forums The Council may appoint Area Forums for consultation purposes where the Council is satisfied that their creation will improve service delivery in the context of Best Value and more efficient transparent and accountable decision making. Area Forums will not have decision making powers. Guidance on Area Forum objectives will be shown in Part 3 of this Constitution. 10.02 Area Committees The Council may appoint Area Committees as it sees fit, if it is satisfied that to do so will ensure improved service delivery in the context of best value and more efficient, transparent and accountable decision making. 10.03 Area Committees – composition and function The Council and the Cabinet will include details of the delegations to any Area Committees appointed in Part 3 of this Constitution, including the functions delegated, showing which are the responsibility of the Cabinet and which are not, the composition and membership of the committees, budgets and any limitations on delegation. The Council will ensure that the composition of the Area Committees established is appropriate to reflect current law on co-optees and political balance according to their Terms of Reference. 10.04 Conflicts of interest – membership Area Committees and Scrutiny Committees a. Conflict of interest If a Scrutiny Committee is scrutinising specific decisions or proposals in relation to the business of an Area Committee of which the Councillor concerned is a member, then the Councillor may not speak or vote at the Scrutiny Committee meeting unless a dispensation to do so is given by the Standards Committee. b. General policy reviews Where the Scrutiny Committees is reviewing policy generally, the member must declare his/her interest before the relevant agenda item is reached, but may, as long as the interest is not prejudicial, participate in the debate and vote. 10.05 Area Committees – access to information Area Committees will comply with the access to information rules in Part 4 of this Constitution. Agendas and notices for Area Committee meetings which deal with both functions of the Cabinet and functions which are not the responsibility of the Cabinet will state clearly which items are which. 10.06 Cabinet members on Area Committees A member of the Cabinet may serve on an Area Committee if otherwise eligible to do so as a Councillor. 10.07 Rules of Procedure Rules of Procedure may be set by the Council to suit the forum or committee established. ARTICLE 11 - JOINT ARRANGEMENTS 11.01 Arrangements to promote well being The Council or the Cabinet, in order to promote the economic, social or environmental well being of its area, may: a. enter into arrangements or agreements with any person or body. b. co-operate with, or facilitate or co-ordinate the activities of any person or body, and c. exercise on behalf of that person or body any functions of that person or body. 11.02 Joint arrangements a. the Council may establish joint arrangements with one or more local authorities and/or their executives to exercise functions which are not executive functions, in any of the participating authorities or advise the Council. Such arrangements may involve the appointment of a joint committee with these other local authorities. b. the Cabinet may establish joint arrangements with one or more local authorities to exercise functions which are executive functions. Such arrangements may involve the appointment of joint committees with these other local authorities. c. except as set out below, the Cabinet may only appoint Cabinet members to a joint committee and those members need not reflect the political composition of the local authority as a whole. d. the Cabinet may appoint non-Cabinet members to a joint committee where the joint committee has functions for only part of the area of the Council, and that area is smaller than two fifths of the authority by area of population. In such cases the Cabinet may appoint to the joint committee any councillor who is a member of a Ward which is wholly or partly contained within the area. Political balance requirements do not apply to such appointments. e. The Cabinet may also appoint non-Cabinet members to a joint committee discharging executive functions in relation to five or more local authorities, or in circumstances where the executive function is required by statute to be discharged by a joint committee. f. Details of any joint arrangements including any delegations to joint committees will be included in Part 3 of the Constitution. 11.03 Access to information a. The Access to Information Rules in Part 4 of this Constitution apply to joint committees. b. If all the members of a joint committee are members of the executive in each of the participating authorities then its access to information regime is the same as that applied to the executive. c. If the joint committee contains members who are not on the executive of any participating authority then the Access to Information Rules in Part VA of the Local government Act 1972 will apply. 11.04 Delegation to and from other local authorities a. the Council may delegate non-executive functions to another local authority or, within legal constraints, the executive of another local authority. b. the Cabinet may delegate executive functions to another local authority or the executive of another local authority where the law permits. c. the decision whether or not to accept such delegation from another local authority shall be reserved to the Council. 11.05 Contracting out The Council and Cabinet may contract out to another body or organisation functions which may be exercised by an officer and which are subject to an order under Section 70 of the Deregulation and Contracting Out Act 1994, subsequent enabling legislation or under contracting arrangements where the contractor acts as the Council's agent under usual contracting principles, provided there is no delegation of the Council's discretionary decision making. ARTICLE 12 - OFFICERS 12.01 Management structure a. Officers: The Council may engage such staff (referred to as officers) as it considers necessary to carry out its functions. The current respective functions and areas of responsibility of its most senior officers are shown in Parts 3 and 7 of this Constitution. b. Head of Paid Service, Monitoring Officer and Chief Finance Officer. These roles are currently:- STATUTORY ROLE POST Head of the Paid Service (Section 4(1) of the Local Government and Housing Act, 1989) Chief Executive Monitoring Officer (Section 5(1) of the Local Government and Housing Act, 1989) Town Clerk Chief Finance Officer (Section 151 of the Local Government Act, 1972) Chief Finance Officer Such posts will have the functions described in Article 12.02-12.04 below. The Council may, subject to legal constraints, designate other officers to perform the above statutory roles. As required by law, full Council must approve the designation of the Head of Paid Service, in accordance with the Council's Officer Employment Procedure Rules and all other legal requirements. Further to Section 101 of the Local Government Act, 1972, Council has delegated to its Employees Committee the function of designating the Monitoring Officer and appointing a Chief Finance Officer, in accord with the Council's Officer Employment Procedure Rules and all other legal requirements. c. Structure. The Head of the Paid Service will determine and publicise a description of the overall management structure of the Council and deployment of officers. This is set out in Part 7 of this Constitution. 12.02 Functions of the Head of Paid Service a. Discharge of functions by the Council. The Head of Paid Service will report to Council on the manner in which the discharge of the Council's functions is co-ordinated, the number and grade of officers required for the discharge of functions and the organisation of officers. b. Restrictions on functions. The Head of the Paid service may not be the Monitoring Officer, but may hold the post of Chief Finance Officer if a qualified accountant. 12.03 Functions of the Monitoring Officer a. Maintaining the Constitution. The Monitoring Officer will maintain an up to date version of the Constitution and will ensure that it is widely available for consultation by Councillors, staff and the public. b. Ensuring lawfulness and fairness of decision making. After consulting with the Head of Paid Service and Chief Finance Officer, the Monitoring Officer will report to the full Council or to the Cabinet in relation to an executive function if he or she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered. c. Supporting the Standards Committee. The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Council's Standards Committee. d. Receiving reports. The Monitoring Officer will receive and act on reports made by ethical standards officers appointed on behalf of the Standards Board for England and decisions of any case tribunals. e. Conducting investigations. The Monitoring Officer will conduct investigations into matters referred by ethical standards officers and make reports or recommendations in respect of them to the Standards Committee. f. Proper Officer for access to information. The Monitoring Officer will ensure that executive decisions, together with the reasons for those decisions and relevant officer reports and background papers are made publicly available as soon as possible. g. Advising whether executive decisions are within the budget and policy framework. The Monitoring Officer will advise whether decisions of the executive are in accordance with the budget and policy framework. h. Providing advice. The Monitoring Officer will provide advice on the scope and powers and authority to take decisions, maladministration, financial impropriety, probity, budget and policy framework issues to all councillors. i. Restrictions on functions. The Monitoring Officer cannot be the Chief Finance Officer or the Head of the Paid Service. 12.04 Functions of the Chief Finance Officer a. Ensuring lawfulness and financial prudence of decision making. After consulting with the Head of Paid Service and the Monitoring Officer, the Chief Financial Officer will report to the full Council or to the Cabinet in relation to an executive function and the Council's external auditor if he or she considers that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency of if the Council is about to enter an item of account unlawfully. b. Administration of financial affairs. The Chief Finance Officer will have responsibility for the administration of the financial affairs of the Council. c. Contributing to corporate management. The Chief Finance Officer will contribute to the corporate management of the Council, in particular through the provision of professional financial advice. d. Providing advice. The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all councillors and will support and advise councillors and officers in their respective roles. e. Give financial information. The Chief Finance Officer will provide financial information to the media, members of the public and the community. 12.05 Duty to provide sufficient resources to the Monitoring Officer and Chief Finance Officer The Council will provide the Monitoring Officer and Chief Finance Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed. 12.06 Proper Officer appointments Section 270(3), Local Government Act, 1972. The Council is required by law to designate an officer as the Proper Officer to carry out other duties in addition to the above statutory roles. It may vary these from time to time within legal constraints. Its current designations are: (i) The Chief Finance Officer is the Proper Officer for the acceptance of payment of all money due from an officer under Section 115(2) of the Local Government Act 1972. (ii) The Team Leader (Commercial Standards) in the Environment, Regeneration and Development Department is the Proper Officer for the purposes of the "Chief Inspector of Weights and Measures" under the Weights and Measures Act 1985. (iii) Service Director – Democratic Services: In addition to being the Council's Electoral Registration Officer, Returning Officer and Acting Returning Officer, the Service Director – Democratic Services shall perform the following Proper Officer functions: Statute Function Local Government Act 1972 S83(1) to (3) The taking and acceptance of declaration of acceptance of office from Councillors. S84 The acceptance of registration of office of Councillors. S96(1) and (2) The acceptance of general notice of pecuniary interest of Councillor. 100B(2) Circulation of reports and agendas. S100B(7)(c) Supply of papers to the press. S100D(5)(a) Identification of background papers. S100F(2) Identification of exempt information not available for members. Schedule 12, para 4(2)(b) The issue of the summons to the Council meetings. The Local Election (Principal Areas) Receipt of documents from Returning Officer Rules 1986, rules 46-48 after election and safe custody of same. Representation of the people Act Receipt and publication of names and addresses 1983, Part II of election agents; receipt and custody of returns and declarations of election expenses from candidates and their agents. S225(1) The receipt of documents for deposit. Registration Service Act 1953 Appointed for the purpose of the Act within powers detailed in the Leicestershire Registration Scheme 1997. (iv) Monitoring Officer: Local Government and Housing Act 1989, S5. In addition to performing the Monitoring Officer role, to perform the following Proper Officer functions: Statute Function Local Government Act 1972 S229(5) Giving a certificate in relation to a photographic copy of a document. S234(1) The authentication of documents. S238 The giving of a certificate in relation to evidence of bye-laws. And be the Authority's Proper Officer for all other statutory functions not specified above. In the absence of the Monitoring Officer, the Deputy Monitoring Officer shall deputise and perform the Monitoring Officer's functions. 12.07 Conduct Officers will comply with the Officers' Code of Conduct and the Political Conventions set out in Part 5 of this Constitution. 12.08 Employment The recruitment, selection and dismissal of officers will comply with the Officer Employment Rules set out in Part 4 of this Constitution. ARTICLE 13 - DECISION MAKING 13.01 Responsibility for decision making The Council will determine and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas of functions. This record is referred to as the Council's Scheme of Delegation, and the current record is shown in detail in Part 3 of this Constitution. 13.02 Principles of decision making All decisions of the Council will be made in accordance with the following principles: a. proportionality (i.e. the action must be proportionate to the desired outcome). b. reasonableness (i.e. decisions must be properly reasoned to take into account all relevant matters and ignore all irrelevant factors). c. due consultation and the taking of professional advice from officers. d. respect for human rights. e. a presumption in favour of openness f. clarity of aims and desired outcomes g. clarity of options considered and the reasons for a decision. 13.03 Types of decisions a. Council: Part 3 of the Constitution shows the allocation of functions between Council and the Cabinet. Full Council has reserved certain matters to itself for decision making either because of legal requirements or as a matter of local choice. Decision making on matters other than those reserved to Council as a matter of law can be delegated to committees or officers. Matters not reserved are delegated. b. Cabinet: the Cabinet can also delegate decision making to an individual Cabinet member or to a Committee or Officer. As in the case of Council, matters not reserved are delegated. c. Officers: most day to day Council decisions are made by officers on its behalf within the scope of officers' delegated authority. In practice the Chief Executive and Directors can make arrangements for the discharge of responsibilities delegated to them by other persons on their behalf. d. Key decisions: A Decision maker, whether it is the Cabinet, an individual Cabinet member, a committee or an officer, may only make a Key Decision in accordance with the requirements of the Cabinet Procedure Rules set out in Part 4D of this Constitution. The definition of Key Decision will be as determined by the Council from time to time, having regard to the law and relevant guidance. The current definition of Key Decision is set out in the Cabinet Procedure Rules. Key Decisions will normally feature in the Forward Plan which is described in the Access to Information Procedure Rules in Part 4B of this Constitution. 13.04 Decision making procedure rules The Council, Cabinet, Scrutiny and other committees must follow the relevant set of procedure rules as set out in Part 4 of this Constitution when considering any matter. Scrutiny Committees cannot make executive decisions. 13.05 Decision making by Council bodies acting as tribunals If the Council, a Committee or an officer is acting as a tribunal or in a quasi judicial manner or determining / considering [other than for the purposes of giving advice] the civil rights and obligations or the criminal responsibility of any person, they will follow a proper procedure which accords with the requirements of natural justice and the rights to a fair trial contained in Article 6 of the European Convention on Human Rights. ARTICLE 14 - FINANCE, CONTRACTS AND LEGAL MATTERS 14.01 Financial management The management of the Council's financial affairs will be conducted in accordance with the Financial Procedure Rules set out in Part 4 of this Constitution. 14.02 Contracts Every contract made by the Council will comply with the Contract Procedure Rules set out in Part 4 of this Constitution. 14.03 Legal proceedings The Town Clerk, the Service Director (Legal Services), the Head of Commercial and Property Law, the Head of Environment and Advocacy Law and the Head of Community Services Law and other such persons as Council or the Town Clerk may nominate, are authorised to institute, prosecute, defend, participate in or settle any proceedings in any case where such action is necessary to give effect to decisions of the Council, or in any case where the authorised officers consider that such action is necessary to protect the Council's interests. The Town Clerk can authorise any officer to appear on behalf of the Council in legal proceedings in accordance with Section 223 of the Local Government Act 1972. 14.04 Authentication of documents in legal proceedings Where a document is necessary in any legal procedure and proceedings on behalf of the Council, it will be signed by the Town Clerk, Service Director – Legal Services, Head of Commercial and Property Law, Head of Environment and Advocacy Law or Head of Community Law, unless any enactment otherwise authorises, or requires, or the Council has given the requisite authority to some other person. 14.05 Authority to sign contracts and other documents The Chief Executive, the Town Clerk, Service Director (Legal Services), the Head of Commercial and Property Law, the Head of Environment and Advocacy Law and the Head of Community Services Law and such other persons as the Council or the Town Clerk may nominate are authorised to sign the following on behalf of the Council: a. any contract/ agreement under seal; and b. any contract/ agreement not under seal; c. any document necessary to give effect to a decision of the Council or any part of it. Corporate Directors or such other officers as Corporate Directors may nominate, are authorised to sign small contracts/ agreements as defined in the Contract Procedure Rules where the contract/ agreement is on a Council Order Form or is in a standard form which has been endorsed as approved by the Service Director - Legal Services or other authorised officer for use in such circumstances. 14.06 Executive function contracts Any large contract/ agreement, as defined in Contract Procedure Rules, entered into on behalf of the local authority in the course of the discharge of an executive function, shall be made in writing. Such contracts must either be signed by at least 2 officers of the authority or made under the common seal of the Council attested by at least one officer. 14.07 Common Seal of the Council The Common seal of the Council will be kept in a safe place in the custody of the Service Director - Legal Services or other authorised officer. The decision of the Council, or any part of it, will be sufficient authority for sealing of any document necessary to give effect to the decision. The Common Seal will be affixed to those documents which, in the opinion of the Service Director - Legal Services or other authorised officer, should be sealed. 14.08 Changes to arrangements The Council can change the authorisations in this article to meet the needs of future organisational needs. ARTICLE 15 - REVIEW AND REVISION OF THE CONSTITUTION 15.01 Duty to monitor and review the Constitution The Council will monitor and review the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect. The Council will perform this role with support of such officers and Councillor working parties as the Council considers necessary. 15.02 Changes to the Constitution a. Approval. Changes to the Constitution will only be approved by the full Council. b. Changing the form of the executive. Before drawing up a proposal for a different form of executive, the Council must take reasonable steps to consult with local electors and other interested parties in Leicester. c. Other changes. Before the Council draws up proposals for different executive arrangements which have previously been subject to consultation, and which involve any changes other than a change in the form of executive, the Council must consult local electors, and other interested parties. Consultation will be proportionate in scale, scope and extent to the scale of the proposed changes to the executive arrangements. ARTICLE 16 - SUSPENSION, INTERPRETATION AND PUBLICATION 16.01 Suspension of the Constitution a. Limit to suspension. The Articles of this Constitution may not be suspended. Any of the Rules of Procedure set out in Part 4 of this Constitution may be suspended, where the law permits, by the full Council or by the body to which they apply, to the extent permitted within those Rules. b. Procedure to suspend. A motion to suspend any rules will not be moved without notice unless at least one half of the whole number of Councillors on the Council or other body as the case may be, are present. The extent and duration of the suspension must be specified and will be proportionate to the result to be achieved, taking account of the purposes of the Constitution set out in Article 1. 16.02 Interpretation The ruling of the Lord Mayor or chair of the meeting, as to the construction or application of this Constitution or as to any proceedings of the Council or other body to which it applies, shall not be challenged at any meeting of the Council, Cabinet or Committee. Such ruling will have regard to the purposes of this Constitution contained in Article 1. 16.03 Publication a. The Monitoring Officer will give a printed copy of this Constitution to each member of the Council upon delivery to him/her of that individual's declaration of acceptance of office on the member first being elected to the Council. b. The Monitoring Officer will ensure that copies are available for inspection at Council offices, libraries and other appropriate locations, and can be purchased by members of the local press and the public on payment of a reasonable fee. c. The Monitoring Officer will ensure that a summary of the Constitution is made widely available within the area and is updated as necessary. SCHEDULE 1 DESCRIPTION OF EXECUTIVE ARRANGEMENTS The following parts of this Constitution constitute the executive arrangements: 1. Article 6: Scrutiny Committees and the Scrutiny Procedure Rules 2. Article 7: the Cabinet and the Cabinet Procedure Rules. 3. Article 10: Area Forums. 4. Article 11 : Joint Arrangements. 5. Article 13: Decision Making and the Access to Information Procedure Rules 6. Part 3: Responsibility for Functions. PART 3 - RESPONSIBILITY FOR FUNCTIONS INTRODUCTION Part 3 of this Constitution sets out the Scheme of Allocation of the City Council's functions between the Council and its Cabinet Executive, and incorporates the Council's Scheme of Delegation to the Cabinet, Committees and Officers. The Scheme contains current Terms of Reference and is set out in the following order: Page No. FULL COUNCIL FUNCTIONS 40 OTHER COUNCIL FUNCTIONS 42 DEVELOPMENT CONTROL COMMITTEE 43 LICENSING COMMITTEE 45 LICENSING SUB-COMMITTEE 47 EMPLOYEES COMMITTEE 49 STANDARDS AND AUDIT COMMITTEE 50 ALLOCATION OF "LOCAL CHOICE" FUNCTIONS BETWEEN COUNCIL AND THE CABINET 52 CABINET – INTRODUCTION 54 TERMS OF REFERENCE 56 SCRUTINY COMMITTEES – INTRODUCTION 84 FULL COUNCIL FUNCTIONS The current list of matters which the Council has reserved to itself for decision is shown below. This includes the Policy Framework and Budget which are defined in Article 4.04 of the Constitution. Matters currently reserved to Council are as follows: (a) adopting and changing the Constitution, and any corporate rules, Protocols and the Council's Political Conventions which form part of the Constitution. (b) approving or adopting the Policy Framework, the Budget and any application to the Secretary of State in respect of any Housing Land Transfer. (c) subject to the urgency procedure contained in the Budget and Policy Framework Procedure Rules in Part 4 of this Constitution, making decisions about any matter in the discharge of an executive function which is covered by the Policy Framework or the Budget where the decision maker is minded to make it in a manner which would be contrary to the Policy Framework or contrary to/or not wholly in accordance with the Budget. (d) appointing the Leader and Members of the Cabinet. (e) agreeing and/or amending the Terms of Reference for Committees, deciding on their composition and making appointments to them. (f) adopting an allowance scheme under Article 2. (g) changing the name of the area, conferring the title of Honorary Alderman or Freedom of the City. (h) confirming the appointment of the Head of Paid Service. (i) making, amending, revoking, re-enacting or adopting bye-laws and promoting or opposing the making of local legislation or personal Bills. (j) agreeing to accept delegation of any function from another local authority. (k) all other matters, in addition to the above, which, by law, must be reserved to full Council. (l) establishment of formal twinning links (m) all local choice functions, as set out in Part 3 of the Constitution: which the Council decides should be undertaken by itself rather than the Cabinet; although full Council will be able to delegate such functions to a committee or officer. Delegations are shown in Part 3 of this Constitution. (n) substantial Council decisions relating to the preparation and maintenance of the electoral register and the conduct of local elections. And such other Council functions as the Council decides to reserve to itself, either to comply with the law, or as a matter of local choice. OTHER COUNCIL FUNCTIONS 1. Council functions which are not reserved to full Council can be delegated to committees and/or officers. 2. The Council has established Regulatory Committees to oversee regulatory functions and responsibilities; a Development Control Committee to perform its planning and highways functions and responsibilities and a Licensing Committee, together with Sub- Committee to perform its licensing functions and responsibilities. 3. The Council has established an Employees Committee to perform a range of Council functions and responsibilities set out in its Terms of Reference, detailed below. 4. The Council may, from time to time, vary the above Committee arrangements to meet current needs and/or legal requirements. 5. According to the law such Committees can delegate to Officers. Where matters are not specifically reserved to Committee, they are delegated to the relevant Corporate Director as stated. In any event, a Corporate Director may feel it is appropriate because of the sensitivity of a particular matter to report the matter to the relevant Committee for consideration and decision. 6. All Council functions which have not been placed within the remit of one of its committees, and which have not been reserved to full Council are delegated to the Chief Executive, Town Clerk or other Corporate Director in accordance with their respective areas of responsibility as shown in the Council's Management Structure (Part 7). 7. Even where the Chief Executive and Corporate Directors have delegated authority, they should consider if it is appropriate to consult relevant lead members; that is where the circumstances are particularly sensitive or if the decision in question involves significant changes to policy or strategy. Following consultation it may be considered appropriate to report the matter to Council or an appropriate committee. DEVELOPMENT CONTROL COMMITTEE Terms of Reference 1. To keep under review and be responsible for the implementation of all new legislation relating to the discharge of its functions. 2. To keep under review, comment and advise on policies proposed or made by the Cabinet. 3. To carry out the development control function of the Council as local planning authority. 4. To carry out the non-executive highways function of the Council. 5. To promote and secure a pattern of development in the City which is sustainable in terms of use of local and global resources. 6. To examine all proposals to acquire land for the purpose of securing planning objectives. 7. To enforce all legislation, relevant to the Committee's terms of reference, which the Council is required or empowered to enforce except matters which are executive functions. 8. To exercise the Council's power to take legal proceedings in the public interest, in respect of matters within the Committee's terms of reference. 9. To make, vary or revoke any order, regulation, plan or scheme relating to the Committee's functions. 10. To consider and make recommendations to the Corporate Director Regeneration and Culture on opposed Traffic Regulation Orders. 11. To comment upon development briefs for development sites. 12. To promote and secure high standards of design in new development. 13. To deal with all non-executive matters concerning conservation areas and buildings of architectural or historic interest or buildings of local significance and sites of archaeological interest. 14. To give directions to prevent demolition of a building in a conservation area. 15. To make Building Preservation Orders. 16. To serve notices stating that the City Council do or do not intend to acquire land to which a planning permission relates. 17. To make Tree Preservation Orders. 18. To deal with:- (a) enforcement notices and stop notices; (b) discontinuance, revocation and modification orders; (c) directions to prevent demolition of a building in a conservation area; (d) provision of recommendations to the County planning authority on behalf of the unitary planning authority in respect of applications to be determined by the County authority; and (e) any other similar regulatory procedures. MATTERS RESERVED TO THE DEVELOPMENT CONTROL COMMITTEE:- 1. All relevant matters reserved for Member level decision as detailed in the Rules of Procedure. 2. Matters of strategic significance relating to the Committee's Terms of Reference. 3. To recommend to Council the making of bye-laws. 4. Making opposed regulations, order, plans and schemes within the Committee's terms of reference. 5. Such other matters as the Committee may from time to time reserve to itself for decision. All matters within the Terms of Reference of the Development Control Committee which are not reserved to full Council, this Committee are delegated to the Corporate Director of Regeneration and Culture. LICENSING COMMITTEE Terms of Reference 1. To secure the health and comfort of the persons living or working in or visiting the City by requiring the observance of proper standards by persons owning or occupying property in or using the streets or other public places in the City. 2. To determine the issue of all statutory licences, approvals, certificates and consents and the maintenance of all statutory registers except in any case where a specific matter is referred to another Committee. 3. All licensing and registration functions of the Council with regard to the following:- Licensing Act 2003. Gambling Act 2005 Hairdressers and barbers. Killers of and dealers in game. Sale of pet animals. Caravan sites. Conduct of animal boarding establishments. Conduct of riding establishments. Hackney carriages and private hire cars and operators and their drivers. House to house collections. Street collections. Pool Promoters. Amusements with prizes. Societies lotteries. Exposure of goods for sale in streets (Street Trading). Scrap metal dealers. Dog Breeding establishments. Track Betting. Sex Establishments. Dangerous Wild Animals. Leicester Doorwatch Scheme 4. To enforce any other non-executive licensing legislation which the Council is required or empowered to enforce. 5. To exercise the Council's power to take legal proceedings in the public interest in relation to matters within the Committee's terms of reference. 6. To keep under review, comment on and provide advice to Cabinet on policies relating to licensing and registration functions of the Council. MATTERS RESERVED TO THE LICENSING COMMITTEE:- 1. All relevant matters reserved for Member level decision as detailed in the Rules of Procedure. 2. Policy developments of strategic significance relating to the above Terms of Reference. 3. Such other matters as the Committee may from time to time reserve to itself for decision. All matters within the Terms of Reference of the Licensing Committee which are not reserved to full Council, or this Committee as stated above, or the Licensing Sub-Committee are delegated to the Corporate Director of Regeneration and Culture. LICENSING SUB-COMMITTEE Terms of Reference The Terms of Reference of the Licensing Sub-Committee shall be identical to those of the Licensing Committee with the exception of the consideration of policy issues, which the Licensing Committee has reserved to itself. MATTERS RESERVED TO THE LICENSING SUB-COMMITTEE:- 1. All relevant matters reserved for Member level decision as detailed in the Rules of Procedure. 2. Applications for a licence or permit within the terms of reference of the Sub-Committee where an objection has been received. 3. Applications for a licence or permit within the Terms of Reference of the Sub-Committee where the Director of Environment, Regeneration and Development considers that an application should be refused or suspended or revoked, or has made a decision to that effect, but the applicant wishes to make representations. All matters within the Terms of Reference of the Licensing Sub-Committee which are not reserved to full Council, the Licensing Committee or this Sub-Committee as stated above are delegated to the Corporate Director of Environment, Regeneration and Development. N.B. The City Council's Constitution [Council Procedure Rules 44 (j)(iv)] states that decisions which, in the opinion of the Town Clerk, are of a quasi-judicial nature, which includes the decisions of Licensing Sub-Committee may not be the subject of an Objection. EMPLOYEES COMMITTEE Terms of Reference 1. To determine the terms and conditions of service on which staff hold office (including procedures for their dismissal). 2. To determine formal disciplinary, grievance, harassment and discrimination, capability, grading and sickness procedure appeals. 3. To determine the cases in which recruitment benefits (including staff houses) are to be provided. 4. In respect of all officers, when a member level decision is required, exercise discretion in relation to superannuation benefits and contributions, extensions of service, gratuities and applications to serve after retirement age. 5. To undertake the recruitment of and oversee the appointment, training, transfer between departments, promotion, relegation and dismissal (all subject to legislative constraints regarding statutory officers) in respect of: * The Chief Executive * Corporate Directors * Service Directors * And any officer who reports directly to a Corporate Director / Chief Executive for all or most of their duties (excluding anyone whose duties are solely secretarial or clerical or otherwise in the nature of support services) 6. To designate one of the Council's officers as the Monitoring Officer as required by section 5(1) of the Local Government and Housing Act, 1989, in accord with the Council's Officer Employment Procedure Rules and all other legal requirements. 7. To appoint one of the Council's officers as Chief Finance Officer, being an officer responsible for the proper administration of the Council's financial affairs as required by section 151 of the Local Government Act, 1972, the appointment to be made in accord with the Council's Officer Employment Procedure Rules and all other legal requirements. 8. To appoint Proper Officers on behalf of the Council for all statutory purposes further to Section 270(3), Local Government Act, 1972. Membership 1. Membership of the Employees Committee must be politically balanced; 2. Membership of the Committee will be five; 3. Membership will include the Leader (or nominee) and other group members appointed by the Town Clerk in consultation with the Political Group Whips; 4. The Committee's quorum shall be three. AUDIT COMMITTEE Terms of Reference 1. To review the adequacy of the Council's Internal Control Framework through review of its system of Internal Control and system of Internal Audit and overseeing the production and approval of the Annual Governance Statement. 2. To consider the Head of Internal Audit's annual report and opinion and the level of assurance it can give over the Council's corporate governance arrangements and to decide on appropriate actions. 3. To approve (but not direct) Internal Audit's strategy and plan and monitor performance 4. To consider and decide on appropriate actions relating to summaries of Internal Audit reports and the main issues arising and seek assurances that action has been taken where necessary. 5. To consider and decide on appropriate actions relating to reports of external audit and inspection agencies. 6. To facilitate effective relationships between external and internal audit, inspection agencies and other relevant bodies and the value of the audit process is actively promoted. 7. To consider the scope and depth of external audit work and to assess whether it gives value for money. 8. To review and approve the Council's published financial statements, external auditor's opinion and reports to members and monitor management action in response to issues raised by external audit. 9. To review and approve the annual statement of accounts. Specifically to consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council. 10. To review and approve the Council's risk management arrangements. 11. To review and approve the Council's anti-fraud, anti-corruption and whistle blowing policies and procedures. 12. To consider and decide on appropriate actions relating to the Council's compliance with its own and other published standards and controls. 13. Matters Reserved to the Committee: 14. All relevant matters reserved for Member level decision as detailed in the Rules of Procedure. 15. Matters of strategic significance relating to the Committee's Terms of Reference. 16. Consideration of the Annual Statement prepared under the Local Code of Conduct Governance. 17. Consideration of the Head of Internal Audit's Strategy and Plan and Annual Report. 18. Approval of the Authority's Annual Governance Statement. 19. Such other matters as the Committee may from time to time reserve to itself for decision. 20. All matters within the Terms of Reference of the Audit Committee which are not reserved to full Council or this Committee, either by legislation, regulation or local determination, are delegated to the Town Clerk. STANDARDS COMMITTEE Terms of Reference 1. To oversee and promote the Council's arrangements to ensure and maintain probity and the highest standards of governance in the conduct of business by members (including co-opted members) and officers. 2. To oversee and advise full Council and Cabinet on matters relating to the Council's corporate governance and ethical framework. 3. To receive the Council's annual Corporate Governance Review Statement. 4. To oversee, promote, monitor observance and recommend necessary change to Members' and officers' Codes of Conduct and Political Conventions. 5. To oversee and ensure the provision of appropriate training to Members and officers to enable them to adhere at all times to the provisions of the Council's Political Conventions and governance arrangements. 6. In accordance with the relevant legislation and associated Guidance, to hear and determine any allegation that a Member of the Council has failed, or may have failed, to comply with the Council's Code of Conduct. 7. To oversee the process and, through its Sub-Committees, initially assess and review as necessary written allegations submitted to the Council that an Elected or Co-opted Member of the Council has failed or may have failed to comply with the City Council's Code of Conduct for Members. 8. In the event of there being a local investigation of an allegation, to decide, with reasons, the outcome of the investigation and to exercise its powers and sanctions. 9. To consider under Sections 1 and 2 of the Local Government and Housing Act 1989:- (a) any application received form any officer of the Council for exemption from political restriction in respect of the post held by that officer and may direct the Council that the post shall not be considered to be a politically restricted post and that the post be removed from the list maintained by the Council under Section 2(2) of that Act; and, (b) upon the application of any person or otherwise, consider whether a post should be included in the list maintained by the Council under Section 2(2) of the 1989 Act, and may direct the Council to include a post in that list. Matters Reserved to the Committee: 1. All matters of significance are reserved to the Committee save as set out in the Terms of Reference of its established Sub-Committees. 2. All matters within the Terms of Reference of the Standards Committee which are not reserved to full Council or this Committee, either by legislation, regulation or local determination, are delegated to the Town Clerk. STANDARDS SUB-COMMITTEE (INITIAL ASSESSMENT) Terms of Reference. 1. In accordance with the relevant legislation and associated Guidance, the Sub- Committee is empowered to initially assess and decide upon all written complaints received by the Council's Monitoring Officer which allege that an Elected or Co-opted Member of the Council has failed or may have failed to comply with the City Council's Code of Conduct for Members. 2. To authorise the Monitoring Officer to take all reasonable steps to implement its decision(s), with reasons, and to notify the person making the allegation and the Member concerned of that decision. 3. In the event of there being a local investigation, the Standards Sub-Committee (Initial Assessment) shall determine, with reasons, whether:- (i) it accepts the Monitoring Officer's finding of no failure to observe the Code of Conduct; (ii) the matter should be referred for a hearing of the Standards Committee; or, (iii) the matter should be referred to the Adjudication Panel for determination. 4. Composition – The Standards Sub-Committee (Initial Assessment) shall comprise of 4 Members, one of whom shall be an Independent Member of the Standards Committee (who will also Chair the Sub-Committee), and three Elected Members of the Council. 5. Quorum – The quorum for a meeting of the Standards Sub-Committee (Initial Assessment) shall be 3 Members (with an Independent Member as Chair). 6. Frequency of Meetings –The Standards Sub-Committee (Initial Assessment) will meet as necessary to initially assess any allegation received. STANDARDS SUB-COMMITTEE (REVIEW) Terms of Reference 1. In accordance with the relevant legislation and associated Guidance, to review, as necessary, any decision taken at a Hearing of the Standards Committee. 2. Composition – The Standards Sub-Committee (Review) shall comprise of 4 Members of the Standards Committee. One of the Members of the Standards Sub-Committee (Review) shall be an Independent Member of the Standards Committee (and Chair of the Sub-Committee). 3. Quorum – The quorum for a meeting of the Standards Sub-Committee (Review) shall be 3 Member (with an Independent Member as Chair of the Sub-Committee) and at least one Elected Member of the Council. 4. Frequency of Meetings – The Standards Sub-Committee (Review) shall meet as and when required to hear and review, as necessary, any decisions made against an Elected or Co-opted Member of the Council. LOCAL CHOICE FUNCTIONS The Law provides that the Council has discretion whether to allocate certain functions and responsibilities to the Cabinet or to the Council. These functions are referred to as "Local Choice" Functions. Below is a Schedule showing how the Council has currently decided to allocate these functions between the Council and the Cabinet. ALLOCATION OF "LOCAL CHOICE" FUNCTIONS BETWEEN COUNCIL AND THE CABINET FUNCTION RESPONSIBLE BODY 1. Leicestershire Act 1985: Section 10 (control of floodlighting) Section 16 (consent to projections) Section 18 (pedal cycles) (DC and RC) Section 48 (buildings used for storage of flammable substances) Development Control Sub Committee 2. Leicestershire Act 1985: Section 4 (interference with traffic signals etc) Section 5 (statutory undertakers apparatus etc) Section 9 (recovery of expenses of fencing etc) Section 11 (vesting of former highway land) Section 12 (damage to footways etc) Section 13 (plans etc of new streets) Section 14 (temporary prohibition of traffic etc) Section 17 (provision of trees and shrubs) Section 41 (defacing of streets) Section 59 (provision of parking places in parks etc) Section 60 (contribution towards provision of recreational facilities) Section 80 (insurance of visiting pupils) Section 83 (power to provide information) Section 84 (publication of bulletins etc) Section 85 (certain particulars to be furnished in writing) Section 86 (evidence of confirmation of committee decisions etc) Section 87 (training arrangements) Section 88 (recording of documents) Section 89 (microfilming of documents) Section 90 (restriction on use of armorial bearings) Cabinet 3. Leicestershire Act 1985: Making of byelaws Any other matter under the Leicestershire Act not covered above. Full Council 4. Making arrangements for appeals against exclusion of pupils – section 67 of the School Standards and Framework Act 1998 ("the 1998 Act"). Cabinet 5. Appointment of review panels established under regulations made under Sub-Section 4 of Section 34 (determination of claims and reviews) of the Social Services Act 1998 Cabinet 6. Making arrangements for admission appeals – section 94 of the 1998 Act Cabinet 7. Making arrangements for appeals by governing bodies – section 95 of the 1998 Act. Cabinet 8. Making of arrangements for questions on police matters at meetings of the Council Council 9. Appointments to the Police Authority (the Council makes nominations to a Joint Appointing Committee) Cabinet 10. Conducting Best Value Reviews. Cabinet 11. Any function relating to contaminated land, other than policy matters reserved for full Council. Cabinet 12. Control of pollution and the management of air quality Cabinet 13. Control, inspection and investigation in relation to noise and other statutory nuisances. Cabinet 14. Obtaining information under section 330 of the Town and Country Planning Act 1990 as to interests in land; Obtaining information under section 16 of the Local Government (miscellaneous Provisions) Act 1976 as to persons interested in land. a. in connection with functions which are the responsibility of the Cabinet. b. in connection with functions which are not the responsibility of the Cabinet. a. Cabinet b. Development Control Sub- Committee 15. Making agreements for execution of highways works. Cabinet 16.Making of agreements with other local authorities for the placing of staff at the disposal of those other authorities. Cabinet 17. Making and revocation of appointments a. in connection with functions which are the responsibility of the Cabinet. b. in connection with functions which are not the responsibility of the Cabinet. a. Cabinet b. Council Both Cabinet and Council have delegated this function to the Town Clerk in consultation with the Group Whips. CABINET FUNCTIONS CABINET - INTRODUCTION Functions and responsibilities allocated to the Cabinet are detailed below for each of its current nine portfolios: ? Arts, Leisure and Environment Portfolio ? Best Value ? Education and Lifelong Learning Portfolio ? Finance and Resources Portfolio ? Highways and Transportation Portfolio ? Housing and Neighbourhood Renewal Portfolio ? Human Resources and Equal Opportunities Portfolio ? Social Services and Personal Health Portfolio ? Strategic Planning and Regeneration Portfolio. The Cabinet may exercise these functions itself collectively, or arrange for delegation to Committee(s) or Officers. The Cabinet may also decide, in accordance with this Constitution, to arrange for the exercise of any of its functions by an individual Cabinet Member. On the 23rd June, 2008 Cabinet decided: (1) that individual Cabinet members be given delegated authority to take decisions within their portfolios which would otherwise need to be made by the Cabinet; (2) that each decision be subject to the Leader indicating written support for each decision; (3) that cross-portfolio decisions be subject to approval by all relevant Cabinet Leads; (4) that the report on which each such division is based be published five clear days in advance as for other decision making reports; (5) that the other practical arrangements described in paragraphs 3.3 to 3.5 be established; and (6) that indemnity and insurance cover be extended as in paragraph 3.6. For each of the Cabinet's portfolios, certain matters within the scope of the portfolio's terms of reference are reserved for consideration and decision by the Cabinet itself, whereas all other matters are delegated to the Chief Executive or a relevant Corporate Director as indicated. Any Committees established by the Cabinet will have clear Terms of Reference and be incorporated into this Scheme, as will delegations to individual Cabinet Members. Subject to legal constraints, the Cabinet may review and vary its Scheme of Delegation from time to time. Even if the Chief Executive or Corporate Directors have delegated authority, they must consult the relevant Cabinet Lead where the circumstances are particularly sensitive or if the decision in question involves significant changes to policy or strategy and, following consultation, they must report to Cabinet where the Cabinet Lead indicates a preference for this.* GENERAL RESPONSIBILITIES 1. To recommend to the Council, its Policy Framework and Budget and any amendments thereto. 2. To make all executive decisions within and in furtherance of the Policy Framework and Budget and variations authorised by the Council. 3. To contribute to the development of and subsequent implementation and monitoring of the Community Plan. 4. To recommend to Council the making of bye laws 5. The granting of any approval under Section 85 of the Local Government Act 1972 which enables the authority to approve a member's absence from a meeting of the Authority for a period in excess of 6 consecutive months for some appropriate reasons. This responsibility is delegated to the Town Clerk to perform in consultation with the Council. * As approved by Cabinet at its meeting on 24th October, 2005. CABINET: ARTS, LEISURE AND THE ENVIRONMENT TERMS OF REFERENCE 1. To promote participation and equality of access to arts and leisure opportunities for all ages and cultures with particular regard to groups and individuals experiencing social and/or economic exclusion. 2. To provide arts and leisure input to the regeneration of the City through initiatives in relation to health, community involvement and community information. 3. To promote health and well being through the provision, management and development of facilities for physical recreation, training and play including leisure centres, sports halls, swimming pools, parks and playing fields, and cultural and community facilities. 4. To attract visitors and inward investment to the City through events and activities of local, regional and national significance. 5. To promote of artistic and cultural activities through the management operation and development of Museums, archives, arts, entertainment and cultural and heritage services. 6. To promote the development of local communities through the provision of community facilities, activities and opportunities. 7. To encourage and support the development of community groups and organisations through the provision of advice, encouragement and resources and to establish criteria for the allocation of grants to voluntary organisation providing arts and leisure activities. 8. To develop and strengthen partnerships with the voluntary and commercial sectors and with other Agencies to maximise the range of arts and leisure opportunities and activities provided to vulnerable groups in the community and more generally to residents and visitors to the City. 9. To promote and enhance environmental quality, physical regeneration and quality of life by contributing to initiatives arising from Environmental policies, Local Agenda 21, City Centre Action Plan and EMAS (Eco Management and Audit Scheme). 10. To protect the heritage of the natural environment for future generations by the conservation of open spaces, sustaining wildlife and natural habitats. 11. To promote and value cultural diversity and raise the profile of communities and the City through a year round programme of events, activities and festivals. 12. To allocate grants recommended by Grants Panel towards voluntary organisations dealing with arts and leisure activities. 13. To be responsible for the registration of commons and village greens and rights over them. 14. To manage cemeteries and crematoria and the maintenance of disused burial grounds. 15. To publish works of scholarship and works about the development and history of the City. 16. To encourage a greater understanding and awareness of arts, public art, heritage, culture and sciences through the promotion of events, exhibitions, activities and concerts. 17. To oversee the acquisition, management and maintenance of ancient monuments, public monuments and statutory and the placing of commemorative plaques on buildings. 18. To determine matters relating to allotments, allotment gardens and cottage holdings. 19. To promote policies and take action which will promote public health and maximise quality of life for all. 20. To secure the health and comfort of the persons living or working in or visiting the City by requiring the observance of proper standards by persons owning or occupying property in or using the streets or other public places in the City. 21. To develop and monitor policies relating to environmental and "green" issues affecting the City. 22. To encourage the formation of partnership with environmental groups and agencies including Environ. 23. To supervise and co-ordinate the promotion of environmental issues including networking at national and international level. 24. To provide a service for the removal of refuse and waste and for street cleaning. 25. To secure the optimum levels of waste recycling within the city and further develop policies to maximize the levels of recycling. 26. To develop and monitor policies to ensure that energy consumption is both minimised and accords to environmental best practice. 27. To develop and implement policies to tackle problems of Air and Pollution of Air Quality within the city, including the declaration of Air Quality Management Areas. 28 To develop, implement and monitor policies to address the issues related to unauthorised Gypsy and Traveller encampments. 29. To oversee the provision of suitable and adequate sites for travellers and gypsies. 30. To require that work to be carried out for ensuring that sanitary accommodation, water supply and cleanliness of existing buildings is satisfactory. 31. To ensure the availability of facilities for the convenience of persons using the roads of the City such as public conveniences, clocks, seats and litter bins. 32. To undertake the disinfestation of persons and property and to keep the City free from rats and mice. 33. To provide a Health Promotion Service including Home Safety. 34. To provide a consumer advice service. 35. To provide a building control service. 36. To review and monitor the opportunities in promoting health gain to the citizens of Leicester. 37. To oversee the investigation and remediation of contaminated land. 38. To supervise all actions relating to promoting responsible dog ownership and to oversee the provision of a dog warden service. 39. To provide a Consumer Protection Service. 40. To monitor the safety of the public water supply and bathing water. 41. To enforce all legislation, relevant to the portfolio's terms of reference. 42. To exercise all the Council's functions and powers to take legal proceedings in the public interest in relation to matters within the portfolio, including Health and Safety at Work. Movable dwellings (including tents, vans and sheds). Canal boats. Notifiable and other infectious diseases. Public water supply and bathing water (except in Council premises). Food hygiene and safety. Slaughterhouses and knackers' yards. Animal feeding stuffs. Statutory nuisances. Prevention of danger from the condition of land, buildings and trees. Compliance with Building Regulations. Noise and vibration. Purity of water supply. House numbering. Exposure of goods for sale in streets. Weights and Measures Consumer Protection Fair Trading Animal Welfare Petroleum Licensing Safety of Sports Grounds Public Health (Control of Disease) Act 1984 Section 47 of the National Assistance Act 1948 43. To designate noise abatement zones. 44. To determine policy and exercise all executive functions of the Council with regard to the following: Licensing Act 2003 Gambling Act 2005 Hairdressers and barbers Killers of and dealers in game Sale of pet animals Caravan sites Conduct of animal boarding establishments Conduct of riding establishments Hackney carriages and private hire cars and operators and their drivers House to house collections Street collections Poole promoters Amusements with prizes Societies lotteries Exposure of goods for sale in streets (street trading) Scrap metal dealers Dog breeding establishments Track betting Sex establishments Dangerous wild animals Leicester Doorwatch scheme 45. To secure optimum enhancement of the City's environment by means of services delivered directly by the City Council and liaison/joint working with outside agencies to protect the good features of the environment as it exists and to foster its improvement. 46. To exercise any function to secure an environmental improvement, notwithstanding that the function is specifically allocated to another portfolio, subject in such a case to the other portfolio Member being consulted and having no objection. 47. To make loans and grants for improving the environment and/or amenities. 48. To organise and provide festive decorations. 49. To undertake all functions to improve and protect the land drainage systems of the City. 50. To implement measures to conserve and improve water courses and take measures to control flooding from them. 51. To require that work to be carried out for ensuring that the drainage of existing buildings is satisfactory. 52. To exercise the following functions under the Housing Act, 2004: * Part 1 Enforcement of housing standards * Part 2 Licensing of houses in multiple occupation * Part 3 Selective licensing of other residential accommodation * Part 4 Interim and final management orders (excluding interim and final empty dwelling management orders – which are managed by the Housing Department). * Part 7 Supplementary and final provisions in particular with regard to information provision / enforcement and authorisation 53. To issue licenses etc., maintain registers and enforcement legislation regarding hostels. 54. To keep under review and be responsible for the implementation of all new legislation relating to the discharge of its functions. 55. To approve all key implementation and bidding documents relating to the portfolio's functions. 56. To enforce all legislation relevant to the portfolio's terms of reference which the Council is required or empowered to enforce. 57. To make, vary or revoke any order, regulation, plan or scheme relating to the portfolio's functions. MATTERS RESERVED WITHIN THIS PORTFOLIO TO THE CABINET:- 1. All relevant matters reserved for Member level decision as detailed in Rules of Procedure. 2. Policy developments of strategic significance relating to the portfolio's Terms of Reference. 3. Allocating grants. 4. Such other matters as the Cabinet may from time to time reserve to itself for decision. All matters within the Terms of Reference of the Arts , Leisure and Environment portfolio which are not reserved to the Cabinet as stated above are delegated, in accordance with responsibilities allocated to their respective departments, to the Corporate Director of Cultural Services and Neighbourhood Renewal or the Corporate Director of Environment, Regeneration and Development . CABINET: BEST VALUE Terms of Reference 1. To formulate and monitor policies to ensure the development and implementation of Best Value in the Council in accordance with statutory and associated requirements. 2. To oversee the development and implementation of the Council's performance management framework. 3. To co-ordinate the production and implementation of the Council's performance plan. 4. To oversee the production and implementation of the five year Best Value programme. 5. To be responsible for the Council's Best Value Review process. 6. To secure the implementation of the Best Value Improvement Plans. 7. To oversee preparations for and responses to the Audit and inspection processes. 8. To develop and implement the Council's challenge, consultation, comparator and procurement strategies. 9. To ensure and monitor the incorporation within the Best Value process of the Council's key corporate policies, in particular equalities and environment sustainability. MATTERS WITHIN THE PORTFOLIO RESERVED TO THE CABINET:- 1. All relevant matters reserved for Member level decision as detailed in Rules of Procedure. 2. Policy developments of strategic significance relating to the portfolio's Terms of Reference. 3. Such other matters as the Cabinet may from time to time reserve to itself for decision. All matters within the Terms of Reference of this Portfolio which are not reserved to the Cabinet, are delegated to the Chief Executive. CABINET: EDUCATION AND LIFELONG LEARNING Cabinet Terms of Reference 1. To be responsible for the discharge of all the statutory functions of a Local Education Authority not reserved to Full Council. 2. To promote schools at the heart of the community they serve as high achieving, valued schools which children want to attend. 3. To promote the use of resource which ensures that standards trend upwards year on year. 4. To develop and promote services and facilities to ensure the opportunity for lifelong learning for all citizens of the City. 5. To promote lifelong learning, community development and social inclusion by way of capacity building and other appropriate means. 6. To review and be responsible for the implementation of all new legislation relating to the discharge of this portfolio. 7. To make appointments to school and college governing bodies. 8. The promotion of libraries and associated information services, through their management, operation and development. MATTERS WITHIN THE PORTFOLIO RESERVED TO THE CABINET:- 1. All relevant matters reserved for Member level decision as detailed in Rules of Procedure. 2. Policy developments of strategic significance relating to the portfolio's Terms of Reference. 3. Determining the policy and financial framework for delegated management by schools. 4. To consider proposals for establishing, enlarging, closing or changing the character of schools and libraries and information services. 5. Such other matters as the Cabinet may from time to time reserve to itself for decision. All matters within the Terms of Reference of the Education and Life Long Learning portfolio which are not reserved to the Cabinet as stated above are delegated to the Director of Education or the Director of Arts and Leisure, within their allocated responsibilities. CABINET: FINANCE AND RESOURCES Terms of Reference 1. To keep under review and be responsible for the implementation of all new legislation, circulars and directives relating to the discharge of the portfolio's functions. 2. Oversight of Corporate Governance arrangements. 3. To be responsible for any matter requiring consideration in the interests of the citizens of Leicester which is not the responsibility of any other portfolio. 4. By drawing up regulations and securing their observance to ensure that resources are maintained and safeguarded. 5. To co-ordinate the consideration of large schemes of development including those which concern more than one portfolio and to advise Cabinet about the way in which they should exercise their responsibilities for such schemes. 6. To provide premises and major equipment for the transaction of Council business (not including operational premises and equipment). 7. To make Orders temporarily prohibiting the holding of processions when requested by the Police. 8. To make grants and contributions to other bodies (except where one portfolio area only is affected and the matter falls to be dealt with within that portfolio). 9 To determine the City Council's marketing policy. 10 To co-ordinate research commissioned by the Council. 11 To make, vary or revoke any order, regulation, plan or scheme not otherwise allocated to a Cabinet portfolio. 12 To co-ordinate and determine issues with regard to the development of information and communications technologies across the Council. 13 To provide information and communications technologies services. 14 To ensure that the Council has effective arrangements for the management of its financial affairs. 15 To manage the Council's corporate finances, and hold to account those responsible for the use of resources allocated to them. 16 To collect, recover and monitor the recovery of Local Tax. 17. To oversee the collection of all other income. 18. To determine applications for relief from Local Tax. 19. To make any determinations required by legislation relating to the Council's capital expenditure and financing. 20. To keep under review, consider and recommend to full Council Finance Procedure Rules. 21. To make representations to central government about matters affecting the Council's corporate finances. 22. Consideration of the Annual Statement of Accounts for approval by Full Council, and to oversee any amendments required by Audit. 23. To oversee the Council's treasury, banking and risk management policies. 24. To consider and discuss with the District Audit Service the annual audit letter. 25. To examine and review the Council's performance as disclosed by the Audit Commission's Performance Indicators. 26. To provide central support and legal services. 27. To discharge all functions relating to a Births, Marriages and Death registration service. 28. To determine all matters relating to central purchasing arrangements. 29. To make nominations to any organisations on which the Cabinet has a right to make appointments (except the appointment of governors of schools and colleges). 30. To determine all matters relating to the official duties of the Lord Mayor, the Lord Mayor's Appeal, civic hospitality and the use of the Council Chamber and Town Hall parking facilities. 31. To provide accommodation and services for members of the Council. 32. To oversee all electoral matters in the City and the compilation of the register of electors. 33. To oversee the Council's press and public relations function, and to formulate policies for external and internal communication. 34. To consider all matters relating to the Council's corporate identity. 35. To co-ordinate the publication of information about the discharge of the Council's functions and other matters as required by legislation or other provision. 36. To oversee the Council's emergency planning function. 37. To ensure effective business continuity plans for the Council. 38. To consider the admission of honorary freemen and aldermen. 39. To monitor all matters relating to Leicester Shire Promotions Ltd. 40. To oversee the Council's customer service and complaint function and to formulate policies for customer care. 41. To undertake the responsibilities of the Council and all related issues in respect of the Leicestershire Constabulary, the Leicester, Leicestershire and Rutland Combined Fire Authority, the Leicestershire Probation Service, the Leicestershire Magistrates Courts Committee, the Rent Office Service, and the Coroners' Service. 42. To safeguard and promote the corporate and financial interests of the City of Leicester in relation to the management of and transactions affecting land in public ownership. 43. To oversee the acquisitions, disposals and appropriations of property. 44. To monitor the Council's land transactions with particular regard to market trends and their financial and other effects upon the City Council. 45. To oversee the management, staffing and control of any buildings used for the business of the Council. 46. To oversee the acquisition and disposal of land by Compulsory Purchase Order or designated for that purpose. 47. To manage, improve and develop the non-operational estate of the City as an investment, including the acquisition and disposal of properties and the carrying out of works. 48. To oversee the acquisition, conversion, development and disposal of land and buildings for the purpose of securing planning objectives and for occupation for industrial and commercial purposes, including the management of buildings so occupied by small firms (except where this is being done in relation to Housing Revenue Account properties) 49. To agree terms for and authorise the acquisition and disposal of interests in land and property. 50. To determine all policy matters concerning the services which are operating within the remit of this portfolio. 51. To maximise income and returns from investment in all of the Authority's commercial activities. 52. To control and manage the operation of the trading units and other services, including City Markets, within the remit of this portfolio. (i) to define the operational objectives for those trading units and other services. (ii) to monitor their objectives and their implementation by means of pre- determined measures and targets of performance; (iii) to define and subsequently review policy aims and objectives and business plans for those trading units and services; (iv) to determine broad operational practices; (v) to monitor financial performance and trading accounts to ensure effective financial control, competitiveness and value for money; (vi) to accept tenders/quotations from contractors/sub-contractors providing goods and/or services to the Department's trading units; and (vii) to submit tenders/quotations for work both inside and outside the Council for work by those trading units. MATTERS WITHIN THE PORTFOLIO RESERVED TO THE CABINET:- 1. All relevant matters reserved for Member level decision as detailed in Rules of Procedure. 2. Policy developments of strategic significance relating to the portfolio's Terms of Reference. 3. Recommending the promotion or opposition of a personal or local Bill in Parliament. 4. Determining policy for the granting of rate relief. 5. A decision as to whether the Council should act as an accountable body in relation to any project or funding programme, subject to a de minimus level of £100,000 6. Granting pension fund admissions or otherwise supporting admission agreements. 7. Determining discretions available under pension fund regulations. 8. Review, consideration and recommendation to full Council relating to Finance Procedure Rules. 9. Declaration of any Compulsory Purchase Order. 10. Freehold acquisitions, disposals and appropriations of property (excluding Right to Buy and Leasehold Reform Act sales) but, in all cases, only where the market value exceeds £500,000. If the property in question is to be disposed or acquired by the means of an auction, then the market value should be estimated in advance by the responsible Corporate Director for the purpose of this reservation. * see note below 11. Entering into or granting of leases for any term where the annual rent exceeds £100,000 or the premium exceeds £500,000. * see note below 12. Disposals of land and property at less than best consideration. 13. Such other matters as the Cabinet may from time to time reserve to itself for decision. All matters within the Terms of Reference of the portfolio which are not reserved to the Cabinet as stated above are delegated to the Corporate Director of Resources, Access and Diversity, except for: (a) powers which are the responsibility of another statutory officer, including the Chief Finance Officer; (b) matters relating to the allocated functions of the Chief Executive's Office which are delegated to the Chief Executive. * the Head of Property will ensure that the relevant Cabinet lead, Scrutiny Chair and spokespersons and Ward Members are informed in advance of all freehold and long lease property disposals CABINET: HIGHWAYS AND TRANSPORTATION Terms of Reference 1. To develop approve and monitor all key policy documents relating to this portfolio, such as the Leicester and Central Leicestershire Transport Policy and the Local Transport Plan. 2. To approve all key implementation and bidding documents relating to the portfolio's functions. 3. To enforce all legislation relevant to the portfolio's terms of reference which the Council is required or empowered to enforce. 4. To exercise the Council's power to take legal proceedings in the public interest in respect of matters within the portfolio's terms of reference. 5. To provide and maintain trees, grass verges and other ornamental areas in streets. 6. To undertake all functions to improve and protect the roads, street lighting, and bridges of the City. 7. To maintain footpaths, bridle ways and urban roads within the meaning of the Local Government Act 1972. 8. To provide and maintain footway, footpath and cycleway lighting and floodlighting within the City. 9. To name streets. 10. To control the provision of new streets by developers and the advance payments code and to recommend adoption under Section 38 of the Highways Act 1980 and section 104 of the Water Resources Act 1990. 11. To be responsible for the private street works code. 12. To enforce legislation intended to protect the physical fabric of the street. 13. To co-ordinate the Cabinet's activities in relation to traffic, reconciling at local level so far as lies in the power of the City Council the potentially conflicting requirements of the public for reliable public transport, for vehicular traffic circulation, for parking facilities, for high environmental visual standards and for provision for cyclists and pedestrians. 14. To regulate the relationship between road space and road users and between the various kinds of road users. 15. To advise passenger transport operators on the public passenger transport facilities needed to enable persons who live work in or visit the City at reasonable cost and convenience. 16. To make provisions for and regulate public on and off street parking places including bus stations. 17. To provide and maintain shopmobility in Leicester. 18. To approve the grant of travel concessions to persons using public transport. 19. To determine grants for transport facilities and services. 20. To provide and maintain bus shelters and hard standings for the use of public service vehicles. 21. To provide information on traffic and transport service facilities. 22. To consider and make representations on proposals for traffic and transport facilities including observations on planning applications as highway authority and securing appropriate investment in transport facilities and infrastructure by developers in relation to development proposals. 23. To deal with all matters under the Transport Act 2000, other than reserved to full Council. 24. To be responsible for the construction of new roads and modifications of transport infrastructure e.g. roads, footways, cycleways and railways. 25. To make and rescind regulations for the use of roads by traffic and pedestrians and to issue licenses for the use of the highway. 26. To promote and implement road safety and road safety education measures. MATTERS RESERVED WITHIN THIS PORTFOLIO TO THE CABINET:- 1. All relevant matters reserved for Member level decision as detailed in Rules of Procedure. 2. Policy developments of strategic significance relating to the portfolio's Terms of Reference. 3. Approving key policy and bidding documents within the portfolio's terms of reference. 4. Such other matters as the Cabinet may from time to time reserved to itself for decision. All matters within the Terms of Reference of the portfolio which are not reserved the Cabinet as stated above are delegated to the Corporate Director of Environment, Regeneration and Development. CABINET: HOUSING AND NEIGHBOURHOOD RENEWAL Terms of Reference 1. To secure the availability for all persons, living or wishing to live in the City, within their means, of living accommodation of an adequate standard. 2. To oversee the management of all houses controlled by the Council which are not in use for a statutory purpose. 3. To oversee tenant participation and consultation with tenants and residents within the landlord function of the authority. 4. To monitor the condition of existing housing accommodation in the City and determine appropriate action to be taken. 5. To order the demolition or closing up of individual houses unfit for human habitation. 6. The control of rents and the eviction of tenants from housing accommodation. 7. To undertake the Council's responsibilities in respect of the improvement of houses and the repair of houses. 8. To exercise the Council's duty to consider the needs of the district for the provision of further housing accommodation. 9. To oversee the provision of housing accommodation for which the Council is required to keep a Housing Revenue Account, and in connection therewith, to make arrangements for the construction of roads, sewers, grass verges and open spaces, the lighting of such roads and the provision of shops and garages. 10. To oversee the control, management and letting of such housing accommodation, shops and garages. 11. To provide financial assistance to voluntary organisations and the public for the purpose of facilitating the construction, conversion, improvement and acquisition of housing accommodation within the limits of policies approved by and resources made available by the Council. 12. To administer Housing and Council Tax benefit. 13. To undertake the declaration of renewal areas and the carrying out of work in those areas. 14. To fulfil the obligations of the Council towards homeless persons. 15. To oversee and arrange for the sale and acquisition of residential property within the limits of policies approved by the Council. 16. To undertake joint assessment with the Social Services Department and other agencies, of housing need in relation to social and care needs in line with legislation, for example, Community Care Act and Children Act. 17. To assess and work to improve the energy efficiency of all housing stock. 18. To oversee the provision of Leicestercare Emergency Alarm Service. 19. To work in partnership with housing associations, the Housing Corporation and the private sector to achieve the Council's aims and objectives. 20. To recommend the annual rent rise for Council tenants. 21. To monitor and make recommendations on the annual Housing Investment Programme and Housing Capital Programme. 22. To control and manage the operation of the Council's Trading Organisations and other services within the portfolio, particularly:- (i) to define the operational objectives for those Trading Organisations and other services; (ii) to monitor their objectives and their implementation by means of pre- determined measures and targets of performance; (iii) to define and subsequently review policy aims and objectives and business plans for those Trading Organisations and services; (iv) to determine broad operational practices; (v) to monitor financial performance and trading accounts to ensure effective financial control, competitiveness and value for money; (vi) to accept tenders/quotations from contractors/sub-contractors providing goods and/or services to those Trading Organisations; and (vii) to submit tenders/quotations for work both inside and outside the Council for which the Department is responsible. 23. To manage and oversee the implementation of the Council's Crime and Disorder Strategy and the Council's response to issues of domestic violence. 24. To manage and oversee implementation of policy relating to neighbourhood renewal. 25. To be responsible for all aspects of the City Council's input into New Deal for Communities and associated community developments. 26. To oversee the monitor the implementation of the Council's Fair Debt Policy. 27. To make, vary or revoke any Order, regulation, plan or scheme relating to the portfolio's functions. MATTERS WITHIN THE PORTFOLIO RESERVED TO THE CABINET:- 1. All relevant matters reserved for Member level decision as detailed in Rules of Procedure. 2. Policy developments of strategic significance relating to the portfolio's Terms of Reference. 3. Approving key schemes, programmes, strategies and bidding documents. 4. To recommend to Council in respect of establishing renewal areas. 5. Recommending rent levels to Council. 6. Recommending to Council the making of bye-laws. 7. Such other matters as the Cabinet may from time to time reserve to itself for decision.* All matters within the Terms of Reference of the Housing portfolio which are not reserved to the Cabinet as stated above are delegated to the Corporate Director of Housing. CABINET: RESOURCES AND CORPORATE ISSUES Terms of Reference 1. To formulate and monitor the implementation of a strategic corporate and co- ordinated strategy for the development and management of Human Resources, including employment equalities. 2. To establish, review and monitor corporate policies and arrangements for securing the promotion of equality of opportunity for all disadvantaged groups in the provision of service delivery. 3. To develop and monitor corporate policies and arrangements for securing equality of opportunity in relation to employment and for tackling issues of racial and sexual discrimination, disabilities and harassment. 4. To ensure the effectiveness and efficient provision of corporately resourced human resource and employment equalities provision, including the Management Development, Occupational Health and Health and Safety functions. 5. To establish and maintain local consultation arrangements between the City Council and employees' representative bodies. 6. The establishment and review of the Council's overall officer structure. Note: the Employees Committee, not Cabinet, is responsible for deciding on the terms and conditions of service on which staff hold office. MATTERS WITHIN THE PORTFOLIO RESERVED TO THE CABINET:- 1. To establish policies for the remuneration and other conditions of employment of the employees of the Council. 2. All relevant matters reserved for Member level decision as detailed in Rules of Procedure. 3. Amendments and additions to equal opportunities policies. 4. Policy developments of strategic significance relating to the portfolio's Terms of Reference. 5. Such other matters as the Cabinet may from time to time reserve to itself for decision. All matters within the Terms of Reference of the portfolio which are not reserved to the Cabinet as stated above, are delegated to the Corporate Director of Resources, Access and Diversity. CABINET: SOCIAL SERVICES AND PERSONAL HEALTH Terms of Reference 1. To oversee the social services function of the Council, including all matters specifically referred to in the Local Authorities (Social Services) Act 1970, personal social services and community care, together with responsibilities under associated and ancillary legislation. 2. To have responsibility for all the services and functions delegated to statutory Panels within the remit of this portfolio. 3. To determine matters of strategy and operational procedures and practices and to major initiatives and reviews within social services. 4. To exercise an overview and co-ordinate the work of social services, to establish general service guidelines and relevant eligibility criteria. 5. To keep under review and be responsible for the implementation of all new legislation relating to the discharge of its functions. 6. To be responsible for the discharge, at operational level, of all Social Services functions for which the Council is responsible under statute and associated ancillary legislation. 7. To approve appointments of Lay Persons, independent investigators and other statutory appointees of the Director. 8. To make and review loans and grants to voluntary and other organisations in pursuit of the body's service objectives. 9. To have responsibility for arrangements, including joint arrangements, with health authorities entered into under health legislation. 10. To consider and, if appropriate, approve adaptions to housing. 11. To be responsible for exercising discretion to waive charges and disregard debts under relevant legislation. MATTERS WITHIN THE PORTFOLIO RESERVED TO THE CABINET:- 1. All relevant matters reserved for Member level decision as detailed in Rules of Procedure. 2. Policy developments of strategic significance relating to the portfolio's Terms of Reference. 3. Approving key schemes and programmes and the rationalisation or closure of residential and day care facilities. 4. Matters reserved to Members under statutory provisions. 5. Such other matters as the Cabinet may from time to time reserve to itself for decision. All matters within the Terms of Reference of the Social Services portfolio which are not reserved to full Council, or to the Cabinet as stated above are delegated to the Corporate Director of Social Care and Health. CABINET: STRATEGIC PLANNING AND REGENERATION Terms of Reference 1. To develop and review policies for strategic planning and regeneration within the City. 2. To provide information and commentary on emerging legislation and guidance at the national and international level on planning and planning related matters. 3. To approve all key policy documents relating to the work of this portfolio such as Regional Planning Guidance and Structure Plan / Local Plan, except for those reserved to Council. . 4. To carry out the function of the Council as local and strategic planning authority, including the preparation of Development plans. 5. To promote and secure a pattern of development within the city, county and region which is sustainable in terms of use of local and global resources. 6. To oversee the production of land use data to meet the requirements of Government. 7. To take the lead in the development and formulation of Supplementary Planning Guidance, eg Development Briefs and Design Guides the City Centre Action Programme and review subsequent progress. 8. To consider major development proposals in and around the city in terms of the city's wider objectives and the impact they may have on the city. 9. To take the lead on all matters concerning conservation areas and buildings of archeological and historic interest or buildings of local significance and sites of archeological interest other than development control issues. 10. To co-ordinate and supervise the submission of bids for funds from Government, National Lottery and other sources for regeneration purposes. 11. To secure the strategic planning and regeneration of the City by direct action on behalf of the Council and by liaison/partnership working with outside agencies, including Leicestershire Regeneration Agency, East Midlands Development Agency and other Regeneration companies and also including central government. 12. To prepare short/long term strategies for developing the economy of Leicester and relieving unemployment through support for training and other initiatives. 13. To formulate policies to strengthen local industry and commerce. 14. To make grants for altering existing commercial and industrial buildings and for converting other buildings for use as such. 15. To formulate policies to ensure the strategic management and programming for the regeneration and redevelopment of the Leicester riverside, including the Leicester Riverside Park policy area. 16. To oversee research on the local economy and review the impact of the Council's policies and initiatives on the local economy, employment and income generation, and ensuring their consistency. 17. To develop and implement the City Council's policy on European issues, including issues with regard to the Committee of the Regions, European assistance, projects and initiatives. 18. To develop and implement policies relating to European networks. 19. To monitor issues emerging from the European Community and supervise responses and related action by the City Council. 20. To determine all matters relating to overseas links and twinning arrangements, including European East/West links, except the establishment of formal twinning links referred to Council. 21. To provide an anti-poverty service and to implement anti-poverty measures in accordance with approved policies and strategies. 22. To develop and implement policies for and monitoring of inward investment/urban regeneration. 23. To be responsible for the authority's youth training and training for work programmes. 24. To approve and monitor the City Council's partnership working in relation to the National Space Centre, with particular reference to:- (i) approving and overseeing the implementation of the City Council's NSC Project Plan; (ii) considering and implementing action necessary on behalf of the Council to support the NSC Project companies; (iii) considering and implementing action necessary to protect the Council's interest as a partnership member of the NSC companies. (iv) ensuring that the benefits of the NSC and its links to the surrounding areas in Leicester are maximised. 25. To develop and prepare Challenge Fund Bids and other similar regeneration schemes, and to ensure that approved schemes are implemented, outputs are achieved to the required standards, and liaison takes place with the Partnership bodies to achieve the programme and the project is co-ordinated with other City Council responsibilities, having particular regard, as appropriate to the City Council's role as the Accountable Body. 26. To provide advice services (related to this portfolio), either directly or in partnership with other organisations. 27. To oversee the Council's activities as 'Accountable Body' when acting on behalf of partnership organisations. 28. To estab