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Agenda item

Amendments to the Constitution - Scheme of Delegation (C2304)

Purpose: To consider any changes required to the Council's Constitution – Scheme of Delegation

 

Minutes:

The Committee considered a report (Agenda Item 4) which detailed proposed amendments to the Scheme of Delegation. David Holling in introducing the item reported that throughout  this part of the Constitution, the words ‘Officer Delegation Rules’ had been replaced by ‘Scheme of Delegation’ and that the index had not yet been updated but following agreement at this meeting to the changes already submitted and any additional changes agreed at the meeting, it would be.

During the discussion of the item the changes set out in the table below were proposed:

Constitution Page No

Paragraph

Change

Comments

13

3.3.3, 11th bullet point

Use a capital C in the word Council’s relevant policies

amended

15

3.3.6

Members queried whether the deleted text set out below had been reincorporated into the Scheme of Delegation for the relevant Head of Service:

To inspect arrangements for the care of children accommodated in independent schools in accordance with Section 87 of the Children Act 1989

To approve the registration of residential homes under Section 5 of the Registered Homes Act 1984 or any subsequent amending legislation.

In consultation with an authorised Officer of the appropriate Health Authority to approve the registration of nursing agencies under Section 2 of the Nurses Agencies Act








This provision should be deleted - responsibility falls to the National Care Standards Commission as a result of the Care Standards Act 2000

This paragraph  needed to be deleted as responsibility now fell to the Care Quality Commission – Regulations Homes Act 1984 repealed)

This paragraph needed to be deleted as responsibility now fell to the Care Quality Commission – Regulations Homes Act 1984 repealed)

This paragraph needed to be deleted as the Nurses Agencies Act 1957 repealed – meant that responsibility for approving registration of nursing agencies lay with health authority.

20

Below the table

Insert the wording: ‘The following delegations are granted to the Heads of Services set out in section 3.5 to 3.17 below’.

amended

21

3.5.3

Delete ‘Public Procurement Regulations’ and insert ‘Contract Rules of procurement

amended

24

3.6.1 first bullet point

Delete the word ‘the’ and insert the word ‘and’.

amended

39

3.14.9 last bullet point

Add a full stop at the end of the sentence.

amended

45

3.15.6 first bullet point on page 45

Delete the word ‘those’

amended

45

3.15.6 second bullet point on page 45

Delete the word ‘where the Head of Planning and Countryside considers it appropriate’.

amended

 

Members queried the following paragraphs:

1.                  3.3 3 which included the insertion of the bullet point ‘employment of consultants to advise on specialist aspects of work within the relevant Service Area’ . It was noted that this function was originally only delegated to the Head of Property. During the updating of the Scheme of Delegation Officers, felt that it would be prudent to permit all Heads of service to employ specialist consultants should the need arise. This would have to be done within existing resources however.

2.                  Members requested that Planning Officers review paragraphs 3.15.8 and 3.15.9 prior to the report being considered at Council to ensure that the information was accurate. Councillor Vickers raised some concern about the text that had been deleted and requested that an explanation as to why this had happened be included in the covering report for Council.

3.      Councillor Vickers noted that a significant number of deletions had been made to page 69 of the report and felt that it would be useful to include an explanation as to why these deletions had been made in the report. It was noted that these deletions were part of the realignment of functions with the duties described being transferred to the Head of Planning and Countryside.

RESOLVED that:

1.                    the proposed amendments would be approved for consideration by full Council on 25 October 2011.

2.                    David Holling would provide a note to Members of the Governance and Audit Committee to provide a response to their queries.

3.                    the Index would be updated prior to consideration at Council.

Supporting documents: