Wakefield Council Constitution 2018/19 · 3 contents foreword 5 part 1 – summary and explanation...

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Wakefield Council

Constitution

2018/19

Approved – Annual Council - 17 May 2018

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CONTENTS FOREWORD

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PART 1 – SUMMARY AND EXPLANATION

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THE COUNCIL’S CONSTITUTION 7 WHAT’S IN THE CONSTITUTION 7 HOW THE COUNCIL OPERATES 8 THE LEADER 8 JOINT ARRANGEMENTS 8 OVERVIEW AND SCRUTINY 9 THE COUNCIL’S STAFF 9 CITIZENS’ RIGHTS 9 PART 2 – ARTICLES OF THE CONSTITUTION

ARTICLE 1 – THE CONSTITUTION 11 ARTICLE 2 – MEMBERS OF THE COUNCIL 13 ARTICLE 3 – CITIZENS AND THE COUNCIL 15 ARTICLE 4 – THE FULL COUNCIL MEETING 17 ARTICLE 5 – ROLE AND FUNCTION OF THE MAYOR 21 ARTICLE 6 – OVERVIEW AND SCRUTINY COMMITTEES 23 ARTICLE 7 – THE CABINET (KNOWN AS THE EXECUTIVE) 31 ARTICLE 8 – REGULATORY AND OTHER COMMITTEES 35 ARTICLE 9 – THE STANDARDS COMMITTEE 37 ARTICLE 10 – THE LICENSING COMMITTEE 39 ARTICLE 11 – JOINT ARRANGEMENTS 43 ARTICLE 12 – OFFICERS (OTHERWISE KNOWN AS STAFF OR EMPLOYEES)

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ARTICLE 13 – DECISION MAKING 51 ARTICLE 14 – FINANCE, CONTRACTS AND LEGAL MATTERS 55 ARTICLE 15 – REVIEW AND REVISION OF THE CONSTITUTION 57 ARTICLE 16 – SUSPENSION, INTERPRETATION AND PUBLICATION OF

THE CONSTITUTION 59

SCHEDULE 1: DESCRIPTION OF EXECUTIVE ARRANGEMENTS 61 PART 3 – RESPONSIBILITY FOR FUNCTIONS

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RESPONSIBILITY FOR LOCAL CHOICE FUNCTIONS SECTION 1 65 RESPONSIBILITY FOR COUNCIL FUNCTIONS (NON EXECUTIVE) 68 DELEGATIONS TO OFFICERS (EXECUTIVE FUNCTIONS) 76 RESPONSIBILITY FOR EXECUTIVE FUNCTIONS (MEMBERS) 77 EXECUTIVE LEADER AND CABINET MEMBER PORTFOLIO’S 80 DELEGATION OF EXECUTIVE FUNCTIONS TO CABINET MEMBERS 91 JOINT ARRANGEMENTS 93 OFFICER DELEGATION SCHEME FOR EXECUTIVE FUNCTIONS 97

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PART 4 – RULES OF PROCEDURE

COUNCIL PROCEDURE RULES 99 ACCESS TO INFORMATION PROCEDURE RULES 119 BUDGET AND POLICY FRAMEWORK PROCEDURE RULES 129 CABINET PROCEDURE RULES 135 OVERVIEW AND SCRUTINY PROCEDURE RULES 141 AUDIT COMMITTEE TERMS OF REFERENCE 159 CORPORATE PARENTING COMMITTEE 161 JOINT CONSULTATIVE COMMITTEE 165 LICENSING COMMITTEE AND LICENSING SUB-COMMITTEES 1 & 2 169 PLANNING AND HIGHWAYS COMMITTEE 173 STANDARDS COMMITTEE 177 STANDARDS SUB-COMMITTEE 178 HEALTH AND WELLBEING BOARD 179 FINANCIAL PROCEDURE RULES 191 CONTRACT PROCEDURE RULES 217 SENIOR OFFICER EMPLOYMENT PROCEDURE RULES 253 PART 5 – CODES OF PRACTICE, PROTOCOLS AND PROCEDURES

MEMBERS’ CODE OF CONDUCT 261 PLANNING CODE OF CONDUCT 267 EMPLOYEES’ CODE OF CONDUCT 279 PROTOCOL FOR EMPLOYEES ON GIFTS AND HOSPITALITY 295 REGISTER OF EMPLOYEES’ INTERESTS 305 PROTOCOL FOR COUNCILLORS WITH SPECIAL RESPONSIBILITIES

AND SENIOR OFFICERS 313

SUMMARY OF THE ROLES OF THE LEADER, DEPUTY LEADER, CABINET MEMBERS, CHIEF EXECUTIVE AND CORPORATE DIRECTORS

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PROTOCOL FOR VISITS BY HM GOVERNMENT MINISTERS AND SHADOW MINISTERS TO WAKEFIELD

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PART 6 – MEMBERS’ ALLOWANCES & OTHER RELATED EXPENDITURE

MEMBERS’ ALLOWANCES SCHEME 325 SCHEDULE 1 – MEMBERS’ ALLOWANCES SCHEME 334 SCHEDULE 2 – MEMBERS’ ALLOWANCES RATES 340 SCHEDULE 3 - CHILDCARE AND DEPENDANTS CARERS ALLOWANCES 342 MAYORAL ALLOWANCES 343 PART 7 – MANAGEMENT STRUCTURE

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MANAGEMENT STRUCTURE CHART 346

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Foreword The Council is made up of sixty-three Councillors. There are elections in three years out of four. Each of the twenty-one Wards has three Councillors and there is an election for one of these positions in each of the three election years. Councillors represent their constituents' interests and work to serve the District as a whole. They will sit on various Committees and Sub-Committees within the Council, and some will represent the Council and the Authority on important Outside Bodies at local, regional and national levels. The full Council is responsible for setting the overall policy framework and the budget. It meets at the County Hall in Wakefield, and its meetings are open to the public. You are welcome to attend. The Council appoints a Leader who then appoints a Cabinet, which comprises between two and nine Councillors with the Leader acting as Chair. Again, the meetings are open to the public and you are welcome to attend. A Forward Plan of key decisions that will be taken is published. The Cabinet is given authority by the full Council to implement its policies within the budget and policy framework agreed by full Council. The Leader has considerable freedom to make important decisions about how services are delivered and to monitor the Council's overall performance. Each year the Leader and Cabinet will propose a budget for the full Council to consider. This is agreed in March each year and informs the billing process for the Council Tax. The Overview and Scrutiny Management Board and the three Overview and Scrutiny Committees are charged with the task of critically and objectively examining aspects of how the Council is operating. They produce annual work plans and have the ability to take evidence from a range of witnesses, including community groups and national experts. They scrutinise Cabinet decisions and examine performance both of Council services and those of outside organisations with which the Council works to provide joint services. The Committees do not have decision-making powers but they have the authority to 'call in' decisions taken by the Cabinet if they believe that further consideration on that decision is needed. The Standing Committees cover Adult Services, Public Health and the NHS; Children, Young People and Skills and Economic and Environmental Wellbeing. They can call upon Councillors, Officers, and outside experts to provide evidence to inform any recommendations they wish to make. The Cabinet is obliged to consider recommendations of Overview and Scrutiny Committees. If there is a failure to agree on an issue it can, ultimately, be referred to the full Council for a final decision. Overview and Scrutiny Committees also examine existing policy and practice with a view to seeking to identify areas for improvement. Again, their recommendations will be considered by the Cabinet.

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Day to day implementation of policy is undertaken by the Council staff. The management structure is shown in Part 7 of the Constitution. There are certain decisions about planning, licensing and regulatory matters which are not the responsibility of the Cabinet nor Overview and Scrutiny Committees. These matters are dealt with by Committees appointed by the full Council. In addition there is a Children’s Committee which alongside a Standards Committee which oversees the probity of the Council's operation, and the Code of Conduct which the Councillors have agreed to follow to ensure high standards in the way they undertake their duties.

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Part 1 - Summary and Explanation

The Council’s Constitution

The City of Wakefield Metropolitan District Council has agreed a Constitution which sets out 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 the law, while others are a matter for the Council to choose.

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.

What’s in the Constitution?

Article 1 of the Constitution commits the Council to a system of efficient, transparent and accountable governance. In carrying out its duties and responsibilities, the Council will act in an open and inclusive manner. Articles 2 to 16 explain the rights of citizens and how the key parts of the Council operate. These are:

• Members of the Council (Article 2)

• Citizens and the Council (Article 3)

• The Full Council Meeting (Article 4)

• Role and Function of the Mayor (Article 5)

• Overview and Scrutiny of decisions (Article 6)

• The Executive (Cabinet) (Article 7)

• Regulatory and other Committees (Article 8)

• The Standards Committee (Article 9)

• The Licensing Committee (Article10)

• Joint arrangements (Article 11).

• Officers (Article 12).

• Decision making (Article 13).

• Finance, contracts and legal matters (Article 14).

• Review and revision of the Constitution (Article 15).

• Suspension, interpretation and publication of the Constitution (Article 16).

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How the Council Operates

The Council is composed of 63 Councillors with one-third elected three years in four. Councillors are democratically accountable to residents of their ward, within the Wakefield District there are 21 wards. 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. Councillors have to agree to follow a code of conduct to ensure high standards in the way they undertake their duties. The Standards Committee ensures that training and advice on the code of conduct is available. All Councillors meet together as the Council. Meetings of the Council are normally open to the public. Here Councillors decide the Council’s overall policies and set the budget each year. The Council appoints the Leader of the Council.

The Leader

The Leader holds all executive powers and may choose to also have a Cabinet to assist him/her. A Cabinet must consist of at least two but not more than nine Councillors. The role of the Leader is to provide effective strategic leadership to the authority and to ensure that the authority successfully discharges its overall responsibilities for the activities of the organisation as a whole. When major decisions are to be discussed or made, these are published in the Leader’s Forward Plan of key decisions in so far as they have been anticipated. If these major decisions are to be discussed and executive decisions made, the meeting of the Cabinet, will generally be open for the public to attend except where exempt or confidential matters are being discussed. The Leader and Cabinet have to make decisions, which are in line with the Council’s overall policies and budget. If they wish to make a decision which is outside the budget or policy framework, this must be referred to the Council as a whole to decide, except in very limited circumstances where an urgent decision is required.

Joint Arrangements

The Council has established joint arrangements for the discharge of certain functions with other Council’s. West Yorkshire Joint Services Committee (including Trading Standards/Archives

and Archaeology Sub-Committees). Yorkshire Purchasing Organisation West Yorkshire Fire and Civil Defence Authority West Yorkshire Police and Crime Panel Leeds City Region Business Rates Pool Joint Committee West Yorkshire Pension Fund (including the West Yorkshire Pension Fund

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Investment Panel and the West Yorkshire Pension Fund Advisory Group) West Yorkshire Joint Scrutiny Yorkshire and Humber Joint Health Scrutiny Committee Wakefield and Kirklees Joint Health Scrutiny Committee – Review of Mid

Yorkshire Clinical Services Strategy South Yorkshire, Derbyshire, Nottinghamshire and Wakefield Joint Health

Overview and Scrutiny Committee West Yorkshire Combined Authority West Yorkshire Joint Adoption Committee The development of partnership working across a wider range of activities has implications for the decision making arrangements and amendments to the constitution are made when necessary.

Overview and Scrutiny

The Overview and Scrutiny Management Board is supported by three Overview and Scrutiny Committees who support the work of the Leader and Cabinet and the Council as a whole. They allow citizens to have a greater say in Council matters by holding public inquiries into matters of local concern. These lead to reports and recommendations which advise the Leader and Cabinet and the Council as a whole on its policies, budget and service delivery. Overview and Scrutiny Committees also monitor the decisions of the Cabinet. They can ‘call-in’ a decision which has been made by the Cabinet but not yet implemented. This enables them to consider whether the decision is appropriate. They may recommend that the Cabinet reconsider the decision. They may also be consulted by the Leader and Cabinet or the Council on forthcoming decisions and the development of policy.

The Council’s Staff

The Council has people working for it (called ‘officers’) to give advice, implement decisions and manage the day-to-day delivery of its services. Some officers have a specific duty to ensure that the Council acts within the law and uses its resources wisely. There are rules which govern the relationships between officers and members of the Council.

Citizens’ Rights

Citizens have a number of rights in their dealings with the Council. These are set out in more detail in Article 3. Some of these are legal rights, whilst others depend on the Council’s own processes. The local Citizens’ Advice Bureau can advise on individuals’ legal rights. Where members of the public use specific Council services, for example as a parent of

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a school pupil, they have additional rights. These are not covered in this Constitution. Citizens have the right to:

• vote at local elections and referenda if they are registered;

• contact their local Councillor about any matters of concern to them;

• obtain a copy of the Constitution;

• attend meetings of the Council, its Cabinet and its Committees except where, for example, personal or confidential matters are being discussed;

• petition to request a Community Governance Review;

• contribute to investigations by the Overview and Scrutiny Committees through the co-option of members of the public;

• find out, from the Leader’s Forward Plan of key decisions, what major decisions are to be discussed by the Cabinet or decided by the Cabinet or officers, and when;

• attend meetings of the Cabinet where key decisions are being discussed or decided;

• see reports and background papers, and a record of decisions made by the Council and Leader and Cabinet;

• complain to the Council by contacting the Directorate or office they want to complain about or the Council’s Complaints Officer. We aim to put things right soon after receiving a complaint but if this isn’t possible we will write to let the complainant know what is happening

• complain to the Local Government Ombudsman if they think the Council has not followed its procedures properly. However, they should only do this after using the Council’s own complaints process;

• complain to the Council’s Standards Committee if they have evidence which they think shows that a Councillor has not followed the Council’s Code of Conduct; and

• inspect the Council’s accounts and make their views known to the external auditor.

The Council welcomes participation by its citizens in its work. For further information on your rights as a citizen, please contact the Monitoring Officer, County Hall, Wakefield (telephone 01924 305177, e-mail [email protected]). A statement of the rights of citizens to inspect agendas and reports and attend meetings is available on request and at the County Hall Reception, Bond Street, Wakefield, WF1 2QW.

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Part 2 – Articles of the Constitution Article 1 – The Constitution

1.1 Legal Name of the Council The legal name of the Council is “The Council of the City of Wakefield”. 1.2 Powers of the Council The Council will exercise all its powers and duties in accordance with the law and

this Constitution. 1.3 The Constitution This Constitution, and its supporting documents, is the Constitution of the City of

Wakefield Metropolitan District Council. 1.4 Purpose of the Constitution The purpose of the Constitution is to:

(a) enable the Council to provide clear leadership to the community in partnership with citizens, businesses and other organisations;

(b) support the active involvement of citizens in the process of local authority

decision-making; (c) help Councillors represent their constituents more effectively; (d) enable decisions to be taken efficiently and effectively, having due regard to

probity and good corporate governance; (e) create a powerful and effective means of holding decision-makers to public

account; (f) ensure that no one will review or scrutinise a decision in which they were

directly involved; (g) ensure that those responsible for decision making are clearly identifiable to

local people and that they explain the reasons for decisions; and (h) provide a means of improving the delivery of services to the community.

1.5 Interpretation and Review of the Constitution

(a) 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.

(b) The Council will monitor and evaluate the operation of the Constitution as

set out in Article 15. This document may only be amended by the Council or in accordance with the Constitution.

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Article 2 – Members of the Council 2.1 Composition and eligibility (a) Composition. The Council will comprise 63 Members, otherwise called

Councillors. Three Councillors will be elected by the voters of each ward in accordance with a scheme drawn up by the Boundary Commission for England and approved by the Secretary of State.

(b) Eligibility. Only registered voters of the district or those living or working

there will be eligible to hold the office of Councillor. 2.2 Election and terms of Councillors The ordinary election of a third of all Councillors will normally be held on the first

Thursday in May in each year, except that in every fourth year there will be no regular election. Usually the terms of office of Councillors will be four years starting on the fourth day after being elected and finishing on the fourth day after the date of the regular election four years later, except for those Councillors elected at a By-election when the term of office is the remainder of the four years.

The Leader's term of office as Leader ends on the day when the Council holds its

first annual meeting after the Leader's normal day of retirement as a Councillor, unless otherwise agreed by Council.

2.3 Roles and functions of all Councillors (a) Key roles. - All Councillors will: (i) collectively be the ultimate policy-makers and carry out a number of

strategic and corporate management functions; (ii) represent their communities and bring their views into the Council’s

decision-making process, i.e. become the advocate of and for their communities;

(iii) effectively represent the interests of their ward and of individual

constituents; (iv) balance different interests identified within the ward and represent the

ward as a whole; (v) participate in the governance and management of the Council; (vi) be available to represent the Council on other bodies; and (vii) maintain the highest standards of conduct and ethics. (viii) act as a corporate parent for children in the care of the local authority.

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(b) Rights and duties (i) Councillors will have such rights of access to such documents,

information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law.

(ii) Councillors will not make public 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 is defined

in the Access to Information Rules in Part 4 of this Constitution. 2.4 Conduct Councillors will at all times observe the Members’ Code of Conduct and the

Guidance to Elected Members set out in Part 5 of this Constitution. 2.5 On 18 November 2015 Council decided that Members undertaking the following

roles should be subject to an enhanced DBS Check: 1) Members of Cabinet and the Deputy Portfolio Holders for Children and Young

People and Adults and Health together with any elected or co-opted Members who serve on a committee/panel discharging education or social care functions;

2) That Members not eligible for an Enhanced DBS Check be asked to undertake

a Basic Disclosure Check 2.6 Allowances Councillors will be entitled to receive allowances in accordance with the

Members’ Allowances Scheme set out in Part 6 of this Constitution.

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Article 3 – Citizens and the Council 3.1 Citizens’ rights Citizens have the following rights. Their rights to information and to participate in

formal meetings are explained in more detail in the Access to Information Rules in Part 4 of this Constitution:

(a) Voting and petitions. Citizens on the electoral roll for the area have the

right to vote and sign a petition to request a referendum for an Elected Mayor. Citizens also have the right to present petitions to the Council, in accordance with the Council’s Petition Scheme.

(b) Information. Citizens have the right to: (i) attend meetings of the Council, Cabinet and its Committees except

where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private.

(ii) find out from the Leader’s Forward Plan of key decisions what key

decisions will be taken by whom and when. (iii) see open reports and background papers, and any records of

decisions made by the Council, the Leader and the Cabinet. (iv) inspect the Council’s accounts and make their views known to the

external auditor, and (v) inspect the Council's Constitution and obtain a copy, on payment of the

appropriate fee.

(c) Participation. Citizens have the right to contribute to investigations by Overview and Scrutiny Committees.

(d) Complaints. Citizens have the right to complain to: (i) the Council itself under its Complaints Procedure; (ii) the Ombudsman after using the Council’s own Complaints Procedure; (iii) the Council’s Standards Committee about a breach of the Councillors'

Code of Conduct.

3.2 Citizens’ responsibilities

The Council values its staff for the work they do on behalf of citizens. The Council asks that citizens remain polite and patient and are encouraged to use the complaints procedure if upset or aggrieved. The Council will not tolerate any verbal or physical abuse of staff and any such incidents may be reported to the police.

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Article 4 – The Full Council Meeting 4.1 Functions of the full Council

Only the Council will exercise the following functions:

(a) adopting and changing the Articles of the Constitution; (b) appoint the Leader. (c) adopting an allowances scheme under Article 2.2.6 having regard to the

recommendations of the Independent Remuneration Panel; (d) confirming the appointment of the Head of Paid Service

(e) approving or adopting the policy framework, the budget and any application to the Secretary of State in respect of any Housing Land Transfer;

(f) subject to the urgency procedure contained in the Access to Information

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;

(g) agreeing and/or amending the terms of reference for Committees and Sub-

Committees deciding on their composition and making appointments to them in accordance with statute and regulations;

(h) appointing representatives to Outside Bodies unless the appointment is a

Cabinet function or has been delegated by the Council; (i) changing the name of the Area, conferring the Honorary Freedom of the

District; (j) promoting or opposing the making of local legislation or personal Bills; (k) all local choice functions set out in Part 3 of this Constitution which the

Council decides should be undertaken by itself; (l) receive reports and recommendations from Overview and Scrutiny

Committees in connection with the discharge of functions. (m) setting the Council Tax and Budget and Financial Strategy. (n) adopting the Council’s Member Code of Conduct and any changes to it. (o) agree a Pay Policy Statement in accordance with Section 38/39 of the

Localism Act 2011.

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(p) in accordance with the Pay Policy Statement, consider salary packages in

excess of £100,000 together with severance packages over £100,000. (q) all other matters which, by law, must be reserved to Council and functions

that may not be the responsibility of the Cabinet and that have not been delegated to any Committee, Joint Committee or officer.

It will consider the recommendation made by Cabinet under Article 13.3 (b) before making a decision in respect of the Budget and Policy Framework. 4.2 Meanings (a) Policy Framework. The policy framework means the following plans and

strategies:-

• Children’s and Young People’s Plan;

• Community Safety Plan;

• West Yorkshire Local Transport Plan;

• Local Development Plan;

• Youth Justice Plan;

• Local Housing Investment Plan;

• Statement of Licensing Policy (alcohol and entertainment);

• Statement of Licensing Policy (gambling);

• People Plan;

• Joint Strategic Needs Assessment for Health;

• Joint Health and Wellbeing Strategy;

• Director of Public Health Annual Report;

• Flood Risk Management Strategy

• Good Growth Plan;

• Neighbourhood Plans and Strategies. (b) Budget. The budget includes the allocation of financial resources to

different services and projects, setting the Council Tax and decisions’ relating to the control of the Council’s borrowing requirement, the control of its capital expenditure, the Council’s reserves strategies and the setting of

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virement limits. Once the budget has been approved by Full Council at its Budget Meeting,

subsequent decisions of the Cabinet that may impact on the budget need only be brought back to Full Council:

• If the decision is likely to cause the authority’s overall budget envelope to be exceeded; or

• If it is contrary to the authority’s borrowing or capital expenditure plans; and,

• If it is not authorised by the authority’s Cabinet arrangements, financial regulations or other rules of procedure.

(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 or 43 of the Housing Act 1985.

4.3 Council Meetings There are four types of Council meeting:- (a) the Annual Meeting; (b) Ordinary meetings; (c) The Budget Council (d) Extraordinary meetings. and they will be conducted in accordance with the Council Procedure Rules in

Part 4 of this Constitution.

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Article 5 – Role and Function of the Mayor The Mayor and in his/her absence, the Deputy Mayor will have the following roles and functions: 5.1. Chairing the Council Meeting The Mayor will be elected by the Council annually. The Mayor will have the

following responsibilities: 1. to uphold and promote the purposes of the Constitution, and to interpret the

Constitution when necessary; 2. to preside over 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;

3. 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 Cabinet are able to hold the Cabinet to account;

4. to promote public involvement in the Council’s activities; and 5. to attend such civic and ceremonial functions as the Council and he/she

determines appropriate. 5.2. First Citizen The Mayor shall take precedence and shall be the first citizen of the City of

Wakefield Metropolitan District. 5.3. Promotion of the Council Together with the Leader, the Cabinet and all Members of Council, the Mayor will

promote the Council as a whole and act as a focal point for the community. 5.4. Ceremonial role The role of the Mayor of Council is a symbol of the authority, a symbol of an open

society and an expression of social cohesion. 5.5. Term of Office The Mayor will hold Office unto the appointment of his/her successor (including in the case that the Mayor is no longer a Councillor). 5.6 Urgent decisions To act in accordance with the procedure for taking urgent decisions, in

accordance with the Budget and Policy Framework Procedure Rules and Access to Information Rules in Part 4 of this Constitution.

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Article 6 – Overview and Scrutiny Committees The Council will appoint Overview and Scrutiny Committees as set out below:- 6.1 Wakefield Overview and Scrutiny Management Board 6.1.1 The Council will appoint the Wakefield Overview and Scrutiny Management

Board to discharge the functions conferred by section 21 of the Local Government Act 2000 and Regulations under section 32 of that Act and any other subsequent legislation conferring or affecting Overview and Scrutiny functions. The Wakefield Overview and Scrutiny Management Board will have responsibility for the statutory requirements in relation to scrutiny of the crime and disorder matters alongside the budget and policy framework, major projects and the Council’s corporate functions.

6.1.2 The Wakefield Overview and Scrutiny Management Board is the overarching

body which is responsible for the management and co-ordination of the Council’s Overview and Scrutiny function. The Board has a number of important roles in the operation of the Council and acts as the general interface with the Cabinet for all Overview and Scrutiny issues. The Management Board will also appoint, co-ordinate, oversee and manage the performance of those functions carried out by any ad-hoc cross cutting Working Groups. The Management Board will meet bi monthly.

6.1.3 Council will appoint the Chair of the Management Board. The Chair shall not be

the Chair of the Adult Services, Public Health & the NHS, Children, Young People & Skills or Economic and Environmental Wellbeing Overview and Scrutiny Committees.

6.2 Membership 6.2.1 The Management Board shall be made up of seven Elected Members. 6.2.2 The composition of the Board will comprise a Chair alongside the Chairs of the

Adult Services, Public Health & the NHS, Children, Young People & Skills and Economic and Environmental Wellbeing Overview and Scrutiny Committees alongside three additional Members.

6.2.3 The Management Board will be politically proportionate in accordance with the

requirements of the Local Government and Housing Act 1989 with all Members being appointed at the Annual Meeting of Council. Any councillor, with the exception of Members of Cabinet, may be appointed to serve on the Management Board.

6.2.3 There will be no Co-opted Members appointed to serve on the Management

Board although the Board will reserve the right to co-opt from the pool of Co-opted Members should it wish any specific input.

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6.3 Adult Services, Public Health & the NHS Overview and Scrutiny Committee 6.3.1 Adult Services, Public Health & the NHS Overview and Scrutiny Committee will

discharge an overview and scrutiny function in relation to the following matters:-

• All matters, Cabinet decisions and service provision relating to the Adults and Health Portfolio, including:-

� Adult Social Care � Protection & care of vulnerable adults � Adult safeguarding � Accountable Care Organisations � Better Care Fund � Commissioning � Dementia � Disabilities � Health & Social care integration � Health & Wellbeing Board � Public Health & prevention � Planning and provision of NHS Services � Re-ablement � JSNA & STP

• The Committee’s role includes the specific statutory responsibilities of the Council for the scrutiny of health matters which are:-

(i) To review and scrutinise matters relating to the planning, provision and

operation of the health service in the local authority area.

(ii) To request information to be provided by the relevant NHS body or health service provider, in relation to (i) above.

(iii) To make reports and recommendations to the relevant NHS body or

health service provider.

(iv) In certain circumstances to refer NHS substantial configuration proposals to the Secretary of State for Health.

6.3.2 The Adult Services, Public Health & the NHS Overview and Scrutiny Committee

will recommend to the Management Board that single issue Working Groups be established to carry out in depth scrutiny work in relation to matters falling within the terms of reference of the Committee.

6.3.3 The Committee will also recommend to the Management Board that Joint Health

Scrutiny Panels be established to carry out scrutiny of cross boundary health issues. The establishment of a Joint Committee requires the approval of full Council.

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6.4 Membership 6.4.1 The membership of Adult Services, Public Health & the NHS Overview and

Scrutiny Committee will consist of the Chair alongside ten other Elected Members and four Co-opted Members. The Committee will be politically proportionate in accordance with the requirements of the Local Government and Housing Act 1989 with all Members being appointed at the Annual Meeting of Council. Any councillor, with the exception of Members of Cabinet, may be appointed to serve on the Committee.

6.5 Children, Young People & Skills Overview and Scrutiny Committee 6.5.1 The Children, Young People & Skills Overview and Scrutiny Committee will


• All matters, Cabinet decisions and service provision relating to the Children and Young People’s Portfolio alongside the Cabinet Member responsible for the skills agenda, including:-

� CSE � Safeguarding Board � Commissioning � Safeguarding & Child Protection � Family Support � Children’s social care � Looked After Children � Fostering & Adoption � Corporate Parenting � Troubled Families � Education, Attainment & Skills challenge � Relationship with schools � Early Years � Youth Services � Youth offending

6.5.2 The Children, Young People & Skills Overview and Scrutiny Committee will

recommend to the Management Board that single issue Working Groups be established to carry out in depth scrutiny work in relation to matters falling within the terms of reference of the Committee.

6.6 Membership 6.6.1 The membership of the Children, Young People & Skills Overview and Scrutiny

Committee will consist of the Chair alongside ten other Elected Members and four Co-opted Members.

6.6.2 In addition, the Children, Young People & Skills Overview and Scrutiny

Committee as the designated Committee of the Local Education Authority where the Committee’s functions relate wholly or in part to any education functions

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which are the responsibility of the authority’s Executive, is statutorily required to include in its membership the following voting representatives:

(a) 1 Church of England diocese representative; (b) 1 Roman Catholic diocese representative; and (c) 3 parent governor representatives

6.6.3 Any Ad Hoc Panel or Councillor Call for Action Scrutiny Panel relating to

education matters shall also include the above representatives with rights to vote on education matters in their membership (if nominated by the relevant body).

6.6.4 Council has also agreed that the make-up of the Committee also include Added

Non-Voting Co-opted Members which reflect the Committee’s responsibilities across both the safeguarding and wider children’s arena:

(a) Teachers Unions x2 (b) Headteacher Professional Association Representative (c) Police and Crime Commissioner nomination (d) Voluntary and Community Sector Representative x 2 (e) Young Person (Care Leaver/CiC Council/Youth Forum)

6.6.5 The Committee will be politically proportionate in accordance with the

requirements of the Local Government and Housing Act 1989 with all Members being appointed at the Annual Meeting of Council. Any councillor, with the exception of Members of Cabinet, may be appointed to serve on the Committee.

6.7 Economic and Environmental Wellbeing Overview and Scrutiny Committee 6.7.1 The Economic and Environmental Overview and Scrutiny Committee will


• All matters, Cabinet decisions and service provision relating to the Regeneration and Economic Growth, Culture, Leisure and Sport and Transportation and Highways Portfolio’s including:-

� Economic Growth � Good Growth � Poverty � Sustainable development � Flood and Water Management � Waste collection � Streetscene � Cultural services � Sport � Tourism � Libraries � Transportation � Highways network � Planning � Leeds City Region / Combined Authority

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6.7.2 The Economic and Environmental Overview and Scrutiny Committee will

recommend to the Management Board that single issue Working Groups be established to carry out in depth scrutiny work in relation to matters falling within the terms of reference of the Committee.

6.8 Membership

6.8.1 The membership of Economic and Environmental Overview and Scrutiny

Committee will consist of the Chair alongside ten other Elected Members and four Co-opted Members. The Committee will be politically proportionate in accordance with the requirements of the Local Government and Housing Act 1989 with all Members being appointed at the Annual Meeting of Council. Any councillor, with the exception of Members of Cabinet, may be appointed to serve on the Committee.

6.9 Joint Health Committees 6.9.1 The Overview and Scrutiny Management Board will appoint members to any

Joint Health Scrutiny Committees which may be required with neighbouring authorities. Terms of reference and all connected matters will be agreed by the Overview and Scrutiny Management Board. In arrangements with other West Yorkshire Authorities it is anticipated that this will be done in accordance with the protocol for such matters which has been agreed between all the West Yorkshire District Councils. Establishing a formal Joint Committee will however require the approval of Council.

6.10 Councillor Call for Action 6.10.1 The Overview and Scrutiny Management Board will appoint members to any

Councillor Call for Action Scrutiny Panels, established as a result of a Councillor Call for Action. Terms of reference and all connected matters will be agreed by the Overview and Scrutiny Management Board

6.11 General Role of the Scrutiny Function

Within their terms of reference, the Overview and Scrutiny Management Board, Committees, and Working Groups/Panels will:

(a) review and/or scrutinise decisions made or actions taken in connection with

the discharge of any of the Council’s functions; (b) make reports and/or recommendations to the full Council and/or the Cabinet

and/or any Joint Committee in connection with the discharge of any functions;

(c) consider any matter affecting the area or its inhabitants including the

activities of other public bodies and any relevant Councillor call for action under the Local Government and Public Involvement in Health Act 2007;

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(d) consider any petitions in accordance with the Council’s Petition Scheme (e) exercise the right to call-in, for reconsideration, decisions made but not yet

implemented by the Cabinet in accordance with Overview and Scrutiny Procedure Rule 17;

(f) refer back to the Cabinet for reconsideration in accordance with Overview

and Scrutiny Procedure Rule17; and (g) make recommendations to Cabinet for matters to be included in the Council

priorities and/or service improvement reviews to be conducted. 6.12 Specific functions

(a) Policy Development and Review

The Management Board and the three Standing Committees have a function to scrutinise policy outcomes and advice on policy development within their remit. They are key mechanisms for enabling Councillors to represent the views of their constituents and other organisations to the Cabinet, partnership body structures and Council, and hence to ensure that these views are taken into account in policy development.

The Cabinet is responsible for the development and implementation of

policy, in which role it may seek to consult and involve Overview and Scrutiny in developing draft policies for adoption or, where required as part of the budget and policy framework, recommendation to Council.

Within the work plan approved by Council, Overview and Scrutiny will

therefore: (i) assist the Council and the Cabinet in the development of its budget

and policy framework by in-depth analysis of policy issues; (ii) seek to achieve enhanced accountability and transparency of the

decision and policy making process;

(iii) act to promote the public interests and to represent the views of the public to Cabinet and the Council;

(iv) act to comply with the requirements imposed by Parliament in respect

of the Health and Wellbeing Board or other body. (iv) conduct research, community and other consultation in the analysis of

policy issues and possible options; (v) consider and implement mechanisms to encourage and enhance

community participation in the development of policy options; (vi) question members of the Cabinet and Officers about their views on

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issues and proposals affecting the area; (vii) question and gather evidence from any person who is statutorily

required to provide it, and gather evidence from any person with their consent;

(viii) liaise with other external organisations operating in the area, whether

national, regional or local, to ensure that the interests of local people are enhanced by collaborative working and information from relevant sources.

(b) Scrutiny Overview and Scrutiny Committees may: (i) review and scrutinise the decisions made by and performance of the

Cabinet and Council Officers and NHS staff both in relation to individual decisions and over time;

(ii) review and scrutinise other actions taken in accordance with the crime

and disorder functions across the Council’s area and make reports as necessary.

(iii) review and scrutinise the performance of the Council in relation to its

policy objectives, performance targets and/or particular service areas;

(iv) review and scrutinise plans to deliver corporate and service priorities, internal and external audit reports and other external inspectorate related reports and plans;

(iv) question members of the Cabinet and Officers and NHS staff 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;

(v) make recommendations to the Cabinet and/or Council arising from the

outcome of the scrutiny or petition process including financial implications;

(vi) review and scrutinise the performance of other public bodies in the

area and invite reports from them by requesting them to address the overview and scrutiny Committee and local people about their activities and performance; and

(vii) question and gather evidence from any person (with their consent). (c) Finance. Overview and Scrutiny Committees will exercise overall

responsibility for the finances made available to them.

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(d) Annual report. Overview and Scrutiny Committees must report annually to

full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate.

(e) Co-ordination. The Wakefield Overview and Scrutiny Management Board

will meet to discuss the co-ordination of matters being referred to the Cabinet or the Council, any queries over terms of reference and the overall work programme.

6.13 Proceedings of Overview and Scrutiny Committees The Overview and Scrutiny Management Board, Committees and Working

Groups/Panels will conduct their proceedings in accordance with the Overview and Scrutiny Procedure Rules as set out in Part 4 of this Constitution.

6.14 Political balance The Overview and Scrutiny Management Board and Committees (as all other

Council committees with the exception of the Standards Committee and the Licensing Sub-Committees) must by law comply with the provisions of the Local Government and Housing Act 1989. Subject to Article 4, the Council must ensure that the membership of its committees and sub committees reflects the political composition of the Council.

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Article 7 – The Cabinet (also known as the Executive) 7.1 The Cabinet

The Cabinet consists of the Leader and at least two but not more than nine Councillors appointed to the Cabinet by the Leader. Appointments may be from a single party and need not reflect the political balance of the Council.

7.2 Cabinet decisions

(a) Cabinet decisions are those which by law, or by this Constitution, do not fall to be made by the Council, or any committee, sub-committee or officer, by virtue of decision making powers delegated by the Council. Cabinet decisions fall to be made by the Leader, or as delegated by the Leader, in accordance with the law. (b) The Leader may make decisions alone, or delegate them to the Cabinet as a whole, to a committee of the Cabinet, to individual members of the Cabinet or to Council officers. He/she may also delegate decision making powers to area committees, joint committees or other local authorities in accordance with the law. (c) The Leader will prepare and keep up to date a schedule of delegations, which will be appended to this Constitution at Part 3.

7.3 The Leader The Leader will be a Councillor elected to the position of Leader by Council and will

hold this position until the Council holds it’s first Annual Meeting after the Leader’s normal day of retirement as a Councillor. The Leader will hold office until:

(a) he/she resigns from the office; or (b) he/she is no longer a Councillor for any reason; or (c) he/she is removed by resolution of Council provided that no such resolution

may be moved unless it is delivered to the Chief Executive fourteen days before the meeting at which it is to be debated and signed by 50% of the Members (for the time being) of the Council.

7.4 The Role of the Leader The Leader will carry out the following roles:-

(a) to be the Council’s principal spokesperson (b) to give overall political direction to the Council (c) to appoint (and dismiss) the Deputy Leader and the Cabinet (d) to decide on a schedule of delegation of executive functions (e) to chair meetings of the Cabinet (f) to represent the Council on external bodies that deal with executive functions (g) fulfil any other statutory obligations

(h) The Leader has determined that, as executive Cabinet Member, he shall discharge the functions set out in Part 3 of the Constitution (Responsibility for

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Executive Functions) as being delegated to the Leader. These delegations shall include the making of key decisions. If the Leader is

unable to make a particular decision as a result of a pecuniary interest or a conflict of interests then the delegations shall be to his/her deputy, or if they are not available or are unable to take the decision due to their own conflict of interest, another Cabinet Member, to Cabinet or to the Chief Executive in cases of urgency.

7.5 The Deputy Leader

(a) Appointment – At the first meeting of the Council after his/her election, the Leader will appoint one of the members of the Council to be the Deputy Leader.

(b) Term of office – the Deputy Leader will hold office until they are removed from

office by the Leader who must give written notice to the Chief Executive. The removal will take effect two working days after receipt of the notice by the Chief Executive. (c) Absence of the Leader – The Deputy Leader must act in the place of the Leader if the Leader is unable to discharge his or her duties for any reason, until the Leader is again able to act.

7.6 Other Cabinet Members Other Cabinet Members shall hold office until: (a) they resign from the office; or (b) they are no longer a Councillor; or (c) they are removed from office by the Leader who must give written notice to

the Chief Executive. The removal will take effect two working days after receipt of the notice by the Chief Executive.

7.7 The Leader shall present to the Annual Meeting of the Council the names of the

people whom he/she has appointed to Cabinet and details of any authority that he/she has delegated to them individually. Where the Leader makes changes to these arrangements, he/she shall present them to the next available Council meeting.

7.8 Proceedings of the Cabinet Proceedings of the Cabinet shall take place in accordance with the Executive

Procedure Rules set out in Part 4 of this Constitution. 7.9 Responsibility for functions (a) Part 3 of this Constitution sets out responsibilities for the exercise of

particular executive functions.

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(b) The Leader shall decide which executive (Cabinet) functions will be

discharged by individual Members of the Cabinet. If he/she decides to amend these delegations, then before he/she implements any such decision, he/she shall:-

(i) give 28 days’ notice of this intention to the Chief Executive, who shall

at the next available Council meeting following expiry of the 28 days’ notice present a written record of the amendment to the delegations made by him/her for inclusion in the Council’s Scheme of Delegations in Part 3 of this Constitution. This will contain the following information;

• the names of the Cabinet Members (including him/herself) to whom he/she intends to delegate authority

• the extent of any authority delegated to Cabinet Members individually, including details of the limitation on their authority;

(ii) The Leader may amend the delegations set out in (i) above at any time

during the year, by giving written notice to the Chief Executive setting out the extent of the amendment to the Scheme of Delegation and whether it entails the withdrawal of delegation from any person. The Chief Executive will report this to the next available Council meeting.

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Article 8 – Regulatory and other Committees 8.1 Regulatory and other Committees The Council will appoint the Committees set out in the second column of the

table Responsibility for Council Functions in Part 3 of this Constitution to discharge the functions described the left hand column of that table.

8.2 Joint Consultative Committees

The Council achieves consultation with its workforce through a number of Joint Consultative Committees and Groups. There is a Corporate Joint Consultative Committee which includes Elected Member representation and Council Officers. The Employees' side consists of Senior Shop Stewards. The Corporate JCC is supported by Service Joint Consultative Committees that have Management representatives, the relevant Cabinet Members and Deputy Portfolio Holders and Trade Union representatives on each Committee. Each of these Committees has its own terms of reference. These arrangements ensure that strategic issues are considered corporately, whilst operational matters are dealt with in the Service forums. Trade union representation is from those unions recognised by the Council for collective bargaining purposes. The Procedural Rules for governing Joint Consultative Committees are contained in Part 4.

8.3 Wakefield District Health and Wellbeing Board

The Health and Social Care Act 2012 established Health and Wellbeing Boards for key players from the Health and Social Care sectors to work together for the health and wellbeing of the local population and reduce health inequalities. Arrangements under Section 196 (2) of the Health and Social Care Act 2012 enable the Health and Wellbeing Board to exercise both Council and executive functions.

8.4 Corporate Parenting Committee Wakefield Metropolitan District Council is committed to raising the quality of life of everyone living within the District. For children in particular, the Council aims to provide high quality opportunities for learning and to ensure children are healthy and safe. Corporate Parenting represents the best efforts of the local authority to care for, nurture, educate and support children in its care. Children looked after by the Council are entitled to receive the best care possible in the circumstances. The Corporate Parenting Committee therefore seeks to ensure that the actions outlined in the Council’s Corporate Parenting Policy are implemented and that the Council is fulfilling its responsibilities as a good Corporate Parent to all children in its care.

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Article 9 – The Standards Committee

9.1 Standards Committee

The Council has decided to appoint a Standards Committee in an advisory capacity.

9.2 Composition

(a) Membership of the Committee. The Standards Committee will be composed of at least:

(i) six Councillors other than the Leader; and (ii) two Co-opted Members; and (iii) political proportionality is dis-applied for the Standards

Committee.

(b) Co-opted Members. Co-opted Members will be entitled to vote at meetings;

(c) Chairing the Committee. Council will decide who will chair the

Committee and have casting vote should there be a tie.

(d) Standards Sub-Committee. The Standards Committee will establish a Sub-Committee to consider allegations of elected Member misconduct except where the Chairman of the Committee agrees that the whole Committee should be convened when a complaint merits consideration by the full Committee.

The Standards Committee authorises the City Solicitor to invite an appropriate Sub-Committee (having regard to members’ availability and eligibility to take part) to consider allegations of misconduct under the Code of Conduct by Councillors. The Sub-Committee will consist of at least one co-opted Member and one elected Member (minimum three Members). The Sub-Committee need not be politically proportionate. The Sub-Committee will agree its own procedures to consider allegations of misconduct in line with those decisions agreed by Council in June 2012.

9.3 Role and Function The Standards Committee will have the following roles and functions: (a) promoting and maintaining high standards of conduct by Councillors, co-

opted members and church and parent governor representatives and officers;

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(b) assisting the Councillors, co-opted members and church and parent

governor representatives to observe the Wakefield Council Members’ Code of Conduct;

(c) advising the Council on the adoption or revision of the Members’ and

officers’ Codes of Conduct;

(d) monitoring the operation of the Members’ and Officers’ Codes of Conduct;

(e) advising, training or arranging to train Councillors, co-opted members and church and parent governor representatives on matters relating to the Wakefield Council Members’ Code of Conduct;

(f) to consider and determine allegations that individual members have

breached the Wakefield Council Members’ Code of Conduct. (g) to consider and determine allegations that individual Town or Parish

members have breached the Code of Conduct of their Town or Parish Council; and

(h) reviewing and monitoring the Council’s response to:

(i) probity and standards issues arising from internal audit functions and reports of the external auditor,

(ii) corporate governance issues, including overview of whistle blowing,

antifraud and corruption policies and complaints handling;

(iii) Ombudsman's investigations.

(i) approving local settlement of Ombudsman investigations. (j) any other functions allocated to the Standards Committee by Council under any enactment from time to time.

9.4 Frequency of Meetings

(a) The Committee will meet on at least three occasions per year and at such other occasions as may be necessary.

(b) The Standards Sub-Committee will meet as and when required.

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Article 10 – The Licensing Committee 10.1 Licensing Committee

The Council will appoint a Licensing Committee and three Sub-Committees, named Licensing Sub-Committee 1, Licensing Sub-Committee 2 and Regulatory and Appeals (Sub-Committee 3).

10.2 Composition (a) Membership of the Committee. The Licensing Committee will compose

of between ten and fifteen Members and Cabinet Members are excluded from being Members.

(b) Membership of the Sub-Committees. Three Sub-Committees shall be

appointed from the parent Licensing Committee. Sub-Committees 1 & 2 need not be politically proportionate.

10.3 Role and Function

The Licensing Committee will have the following roles and functions:-

(a) To recommend to the Council a Statement of Licensing Policy, or any revisions to such Policy, in accordance with the Licensing Act 2003, Gambling Act 2005 and any other relevant legislative changes within the remit of this Committee.

(b) To exercise all licensing functions under the Licensing Act 2003, Gambling

Act 2005, Police Reform and Social Responsibility Act 2011 and any other relevant legislative changes within the remit of this Committee including determining and dealing with applications for licences, certificates, temporary events and other notices and all variations, transfers, withdrawals and reviews of such matters including markets.

(c) To establish three Sub-Committees and arrange for them to discharge all

or some of the Licensing and Regulatory functions to be exercised by a Sub-Committee.

(d) To make arrangements for authorised persons of the Council to discharge

those Licensing and Regulatory functions, which may be delegated to an Officer under the terms of the Licensing Act 2003, Gambling Act 2005, Police Reform and Social Responsibility Act 2011 and any other relevant legislative changes within the remit of this Committee.

(e) To consider and determine any other functions related to a licensing

function properly referred to the Committee by the Council under the terms of the Licensing Act 2003, Gambling Act 2005, Police Reform and Social Responsibility Act 2011 and any other relevant legislation changes within the remit of this Committee.

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(f) To determine whether a charge should be made and where applicable the level of such fees and charges, for the issue, approval, consent, licence, permit or other registration for licensing functions for which the Committee has responsibility.

(g) To receive regular feedback reports from officers on various related

matters including:-

� statistics on the various types of licences; � breakdown of the number of licenses determined by the

Committee/Sub-Committees; � breakdown of the number of licences determined by Officers under

delegated powers; � breakdown of appeals; � outline of any enforcement action taken; � details of any premises closed temporarily; � proposals to amend the licensing policy in light of experience; � to provide feedback from other local authorities/parties as

appropriate; � Inter-authority working through the Combined Authority.

(h) To receive reports from the Sub-Committees as required.

(i) To determine all applications referred to the Committee by either the Sub-

Committee(s) or Officers.

(j) To consider all policy matters under the terms of the Licensing Act 2003, Gambling Act 2005, Police Reform and Social Responsibility Act 2011 and any other relevant legislative changes within the remit of this Committee.

(k) To liaise with other Agencies involved in licensing matters. (l) To consider all matters in relation to by-laws including making, amending, revoking, re-acting or adopting by-laws. (m) To determine whether a charge should be made and where applicable the level of such fees and charges, for the issue, approval, consent, license, permit or other registration for licensing functions for which the Committee has responsibility. (n) Discharge the functions of the Council under legislation relating to charities and make strategic decisions in relation to charities of which the Council is trustee.

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The Licensing Sub-Committees will have the following roles and functions:-

(a) To exercise all licensing functions under the Licensing Act 2003, Gambling Act 2005, Police Reform and Social Responsibility Act 2011 and any other relevant legislative changes within the remit of this Committee including determining and dealing with applications for licences, certificates, temporary events and other notices and all variations, transfers, withdrawals and reviews of such matters.

(b) To consider and determine any other functions related to a licensing

function properly referred to the Committee by the Council under the terms of the Licensing Act 2003, Gambling Act 2005, Police Reform and Social Responsibility Act 2011 and any other relevant legislative changes within the remit of this Committee.

(c) To provide feedback reports to the Licensing Committee as necessary on

matters in accordance with the Licensing Act 2003, Gambling Act 2005, Police Reform and Social Responsibility Act 2011 and any other relevant legislative changes within the remit of this Committee.

(d) To refer any matter to the full Licensing Committee for determination if

thought to be appropriate. (e) Licensing Sub-Committee 3 (Regulatory and Appeals) will consider and

determine appeals against, or to deal with issues arising from decisions made by or on behalf of the Authority, including those such as applications for school transport.

(f) To consider staffing appeals in respect of organisations for which the

Council is the lead Authority.

10.4 Frequency of Meeting (a) The Licensing Committee will meet on at least three occasions per year

and at other such occasions as may be necessary. (b) The Sub-Committees will meet as and when required.

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Article 11 – Joint Arrangements 11.1 Arrangements to promote well-being The Cabinet 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. 11.2 Joint arrangements

(a) The Council may establish joint arrangements with one or more local authorities and/or their Cabinets 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 or other body as allowed by law.

(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 or other body as allowed by law.

(c) The Cabinet may appoint members to a Joint Committee where the joint

Committee has functions for only part of the area of the authority, and that area is smaller than two-fifths of the authority by area or population. In this case, the Cabinet may appoint to the Joint Committee any Councillor who is a member for a ward which is wholly or partly contained within the area and the political balance requirements do not apply to such appointments.

(d) Details of any joint arrangements including any delegations to Joint

Committees will be found in the Council’s scheme of delegations in Part 3 of this Constitution.

Details of joint arrangements in relation to executive functions are to be found in the Leader’s scheme of delegation also shown in Part 3.

11.3 Access to information (a) The Access to Information Rules in Part 4 of this Constitution apply. (b) If all the members of a Joint Committee are members of the Cabinet in each

of the participating Authorities then its access to information regime is the same as that applied to the Cabinet, with such modifications as are necessary to accommodate participating inconsistencies between the

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regimes operating in each of the participating Authorities. (c) If the Joint Committee contains members who are not on the Cabinet of any

participating authority then the Access to Information Rules in Part VA of the Local Government Act 1972 will apply.

11.4 Delegation to and from other local authorities (a) The Council may delegate non-executive functions to another local authority

or, in certain circumstances, the executive of another local authority or other body as allowed by law.

(b) The Cabinet may delegate executive functions to another local authority or

the executive of another local authority in certain circumstances or other body as allowed by law.

(c) The decision whether or not to accept such a delegation for non-executive

functions from another local authority shall be reserved to the Council meeting.

(d) The Cabinet may decide not to accept such a delegation from another local

authority. 11.5 Contracting out The Council and/or the 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, 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.

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Article 12 – Officers (otherwise known as staff or employees) 12.1 Management structure

(a) General. The Council must engage such staff (referred to as Officers) as it considers necessary to carry out its functions.

(b) Corporate Directors. Officers are responsible for day-to-day managerial

and operational decisions within the Council including responsibility for the budgets given to them and upholding the Constitution. They provide support to both the Cabinet and all Councillors in their several roles. The Council will engage persons for the posts set out in the Officer Scheme of Delegation attached to this Constitution.

(c) Statutory Officers. The Council has designated the following posts as

shown:

Post Statutory Officer Designation

Chief Executive Head of Paid Service (Section 4 – Local Government and Housing Act 1989)

Chief Finance Officer Officer Responsible for Financial Administration (Section 151 – Local Government Act 1972)

City Solicitor

Monitoring Officer (Section 5 – Local Government and Housing Act 1989)

Corporate Director – Children and Young People

Chief Education Officer (Section 532 – Education Act 1972) Director of Children’s Services (Section 18 – Children’s Act 2004)

Corporate Director - Adults, Health and Communities

Director of Adult Social Services (Section 6 – Local Authority Social Services Act 1970)

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Director of Public Health

Director of Public Health (Section 73A – National Health Service Act 2006)

Governance Manager

Scrutiny Officer (Section 31 – Local Democracy, Economic Development and Construction Act 2009 / Schedule 2 of the Localism Act 2011)

Such posts will have the functions described in Article 12.2-12.4 below. (d) Structure. The Chief Executive will determine and publicise a description

of the overall Directorate structure of the Council showing the management structure and deployment of Officers.

12.2 Conduct All Officers will comply with the Officers’ Code of Conduct and the Protocols set

out in Part 5 of this Constitution and the Officer Scheme of Delegation as well as other protocols relating to conduct introduced by the Council from time to time.

12.3 Employment

The recruitment, selection and dismissal of Officers will comply with the Officer Employment Rules set out in this Constitution

12.4 Functions of the Chief Executive

The Chief Executive is the Head of Paid Service and has overall corporate responsibility, including overall management responsibility for all staff and resources. The Chief Executive is responsible for deploying the Council’s resources in accordance with the strategic objectives as set by Cabinet and Council. He/she is responsible for the overall financial management of the authority, including the Budget and has a duty to establish corporate working across the Council. The Chief Executive is required to report to the Council as appropriate with regard to the way in which the overall discharge by the Council of its different functions is co-ordinated, the number and grades of staff required for the discharge of these functions, the way in which these people are organised and managed and the way in which they are appointed.

The Chief Executive is the primary adviser to the Cabinet, Council and

Committees and is responsible for the provision of professional advice to all parties in the decision making process; and together with the Monitoring Officer, responsible for a system of record keeping for all the authority’s decisions. The Chief Executive is also the principal adviser to the Civic Mayor.

The Chief Executive shall be the Electoral Registration Officer for the Council and the Returning Officer for all elections and referenda to which the Council has

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power to make the appointment The Chief Executive may work in partnership with providers, other local

authorities and public bodies and other bodies to ensure the welfare of the residents in the District.

The Chief Executive is authorised to take any urgent action necessary in the

event of a civil emergency and deal with matters relating to civil protection/emergency planning arising from the Council’s powers and duties under the appropriate legislation.

The Chief Executive together with the Monitoring Officer plays a key and

essential role in securing high ethical standards throughout the Authority, for both Officers and Councillors. If the Chief Executive considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration, he or she will consult with the Chief Finance Officer in the role of s151 Officer, and the City Solicitor in the role of Monitoring Officer, and may report to the full Council, or to the Cabinet in relation to an executive function. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

The Chief Executive is responsible for the standards of service to the public and

providing information as appropriate. This involves providing advice and information to Councillors, the media, members of the public and the community in accordance with the Access to Information Rules.

12.5 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 to Members, Officers and the public.

(b) Ensuring lawfulness and fairness of decision making. After consulting

with the Chief Executive and the Corporate Director, Business Change, 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) Providing advice. The Monitoring Officer will provide advice on the scope

of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework to all Councillors and Committees.

(d) Supporting the Standards Committee. The Monitoring Officer will

contribute to the promotion and maintenance of high standards of conduct, and provide support to the Standards Committee.

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(e) Conducting investigations. The Monitoring Officer will arrange for investigations to be carried out into complaints that Councillors have breached the Code of Conduct; and make reports or recommendations in respect of them to the Standards Committee. The Monitoring Officer will arrange for such other investigations as he/she feels is appropriate, relating to any circumstances where the responsibilities of the Council could be queried.

(f) Proper Officer for access to information. The Monitoring Officer will

ensure that executive decisions as required under this Constitution, 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 Cabinet decisions are within the budget and policy

framework. The Monitoring Officer will advise whether decisions of the Cabinet are in accordance with the budget and policy framework.

(h) Register of Members Interests. The Monitoring Officer will maintain a

Register of Members’ Interests for the City of Wakefield District Councillors and Co-opted Members of Committees of the City of Wakefield MDC.

(i) Register of Members Interests for Town and Parish Councillors. The

Monitoring Officer will maintain a Register of Members’ Interests for Town and Parish Council’s within the District and make them available to each Town and Parish Council.

(j) Providing information to members of the public and the community.

The City Solicitor is responsible for managing the provision of information to the public under the Freedom of Information Act and the Environmental Information Regulations and similar statutory requirements, to members of the public and the community in accordance with the Access to Information Rules.

(k) Monitoring Officer Code of Practise To act in accordance with the Monitoring Officer Code of Practise.

12.6 Functions of the Section 151 Officer (a) Ensuring lawfulness and financial prudence of decision making. After

consulting with the Chief Executive and the Monitoring Officer, the Chief Finance 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 or if the Council is about to enter an item of account unlawfully.

(b) Maintaining Financial Administration and Stewardship. The Chief

Finance Officer will have responsibility for the administration of the financial affairs of the Council. It will involve providing effective financial management arrangements and systems, an effective internal audit function

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and internal control arrangements, effective treasury management arrangements, safeguarding assets and probity.

(c) Provision of Professional Advice The Chief Finance Officer will provide professional advice to the Chief

Executive and other Council officers. That support will involve assistance and advice to Councillors.

(d) Delivery of Services and providing information to members of the

public and the community. The Chief Finance Officer will provide information on budget and financial matters as determined by the Chief Executive.

(e) Chief Finance Officer Protocol To act in accordance with the Chief Finance Officer Protocol.

12.7 Duty to provide sufficient resources to the Chief Executive, City Solicitor

and Chief Finance Officer The Council will provide the Chief Executive, City Solicitor and Chief Finance

Officer with such Officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed.

12.8 Duties of the Corporate Director, Children and Young People

The Corporate Director, Children and Young People is responsible for all of the functions of Director of Children’s Services as set out in Section 18 Children Act 2004, statutory guidance and any regulations made under it. This includes, but is not limited to, the functions of the local education authority (excluding further and higher education), children’s social services, functions relating to those leaving care, health care services whether exercised by the Council under S31 Health Act 1999 or other agreement and interagency co-operation. The Corporate Director, Children and Young People is responsible for all the functions of the Chief Education Officer in accordance with Section 532 of the Education Act 1996. The Corporate Director, Children and Young People is under a duty, among other things, to promote co-operation between the Council and its partners to promote the wellbeing of children, to ensure that the authority’s functions are discharged with regard to the need to safeguard and promote the wellbeing of children. The wellbeing of children may be promoted by using direct services, co-ordinating voluntary and other agencies, or under contract.

12.9 Duties of the Director of Adult Social Services The Director of Adults Social Services shall have responsibility for all social

services functions under the Local Authority Social Services Act 1970, save those which relate to Children’s Services under Section18 of the Children Act 2004 and which are the responsibility of the Corporate Director Children and Young People.

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12.10 Duties of the Director of Public Health The Director of Public Health shall have responsibility for all public health

functions under the NHS Act 2006 and the Health and Social Care Act 2006 and related regulations and other functions as set out in the Officer Delegation Scheme.

12.11 Duties of the Governance Manager The Governance Manager shall have responsibility to carry out the statutory

functions under Schedule 2 of the Localism Act 2011. 12.12 Duties of Service Director, Communities

Listing of Assets of Community Value The Service Director, Communities will determine applications made under the Localism Act 2011 regarding Assets of Community Value and will maintain registers of successful and unsuccessful applicants.

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Article 13 – Decision Making 13.1 Responsibility for decision-making The Council will issue and keep up to date a record of what part of the Authority

or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part 3 of this Constitution.

13.2 Principles of decision-making All decisions of the Council, its Committees, Sub-Committees and its Officers will

be made in accordance with the following principles: (a) to have regard to all relevant considerations and ignore all irrelevant factors; (b) proportionality (i.e. the action must be proportionate to the desired

outcome); (c) due consultation and the taking of professional advice from Officers; (d) respect for equalities and human rights; (e) lawfulness and financial propriety; (f) a presumption in favour of openness; (g) clarity of aims and desired outcomes; (h) to explain what options were considered and the reasons for the decision.

(i) the highest standards of ethical conduct, avoiding actual, potential and perceived conflicts of interest.

13.3 Types of decision (a) Decisions reserved to full Council. Decisions relating to the functions listed

in Article 2.4.2 will be made by the full Council and not delegated.

(b) A key decision means an Executive decision which falls within one or more of the following categories:-

(i) any decision relating to the approval of or variation to the Council’s

budget or policy framework (which is reserved in the Council’s Constitution for determination by Full Council following recommendation from the Cabinet) subject to the application of virement limits and authorised in year changes: or

(ii) any decision that will result in income, expenditure or savings with a

gross full year effect of £250,000 or greater with the exception of:-

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(a) decisions which are a direct consequence of implementing a previous key decision.

(b) decisions where a further report will be submitted for approval of

the proposal before the Council is committed to proceed.

(c) disposal and acquisition of non-strategic land and property where the consideration does not exceed £1m.

(d) Procurement of Public Health contracts that will result in income,

expenditure or savings with a gross year effect of £500,000.

(e) expenditure which is necessary to ensure day to day provision of appropriate goods and services (e.g. payment of energy bills, payments of staff, procurement of services) provided that such expenditure was in the contemplation of members when the Budget was approved by Council.

(iii) a decision which is likely to have a significant positive or negative impact

(e.g. in environmental, physical, social or economic terms) on people living or working in communities in two or more wards, except that matters will not be key decisions simply because the result would be that work would be carried out in two or more wards (e.g. following approval of a district-wide programme of works).

(c) A decision taker may only make a key decision in accordance with the

requirements set out in the Constitution. 13.4 Decision making by the full Council Subject to Article 13.8, the Council will follow the Council Procedures Rules set

out in Part 4 of this Constitution when considering any matter. 13.5 Decision making by the Cabinet Subject to Article 13.8, the Cabinet will follow the Executive Procedures Rules

set out in Part 4 of this Constitution when considering any matter. 13.6 Decision making by Overview and Scrutiny Committees Overview and Scrutiny Committees will follow the Overview and Scrutiny

Procedures Rules set out in Part 4 of this Constitution when considering any matter.

13.7 Decision making by other Committees and Sub-Committees established by

the Council Subject to Article 13.8, other Council Committees and Sub-Committees will follow

those parts of the Council Procedures Rules set out in Part 4 of this Constitution as apply to them.

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13.8 Decision making by Council bodies acting as tribunals The Council, a Councillor or an Officer 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 will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights.

13.9 Decision Making by Members Any executive Member of the Council who has had executive power delegated to

him/her personally will comply with the appropriate parts of the Executive Procedure Rules set out in Part 4 of the Constitution and the Access to Information Procedure Rules.

13.10 Decision making by Officers

Any Officer must comply with the appropriate parts of the Executive Procedure Rules set out in Part 4 of the Constitution when considering any matter that is a key decision.

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Article 14 – Finance, Contracts and Legal Matters 14.1 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.

14.2 Contracts Contracts made by the Council must comply with the Contracts Procedure Rules

set out in Part 4 of this Constitution unless the procedures set out in this Constitution have been taken to waive the Contracts Procedure Rules.

(a) Contracts under £25,000 will be finalised by the appropriate Service Director whose service is incurring the cost of the contract.

(b) Contracts between £25,000 and £100,000 of the Contract Procedure Rules must be signed by a Legal Manager.

(c) Contracts over the threshold £100,000 must either be sealed by the Council,

which in the opinion of the City Solicitor should be sealed; or those not under seal must be signed by two Legal Managers.

14.3 Legal proceedings The City Solicitor is authorised to institute, defend, participate in, settle or

withdraw from any legal proceedings in any case where such action is necessary to give effect to decisions of the Council, or in any case where the City Solicitor considers that such action is necessary to protect the Council’s interests including threatened proceedings, (whether under judicial protocols or not) mediation or any form of alternative dispute resolution.

14.4 Authentication of documents Where any document is necessary for any legal procedure or proceedings on

behalf of the Council, it will be signed by the City Solicitor or other person authorised by him/her, unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person.

14.5 Common Seal of the Council The Common Seal of the Council will be kept in a safe place in the custody of the

City Solicitor. A decision of the Council, or of any part of it, or a decision of the City Solicitor will be sufficient authority for sealing any document necessary to give effect to the decision. The affixing of the Common Seal will be attested by the City Solicitor or any Legal Manager.

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14.6 Agreements relating to property The execution of agreements made between the Council and another party must

comply with Article 14 (14.4) of this Constitution unless a formal scheme of delegation has been approved by the City Solicitor for that Directorate.

14.7 Signing of documents

The City Solicitor, and such Officers as are named by him/her are authorised generally to seal, sign, authenticate, attest and issue any notice, order or other document (including documents for legal proceedings) on the Council’s behalf unless an Act of Parliament requires some other person to do so, or the Council gives authority to some other person and this is expressed to exclude these general powers. This general authorisation is in addition to the delegation of functions to Officers.

All Officers who discharge functions on behalf of the Council are authorised to

sign and issue on the Council’s behalf any notice or other document required to give effect to such decisions.

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Article 15 – Review and Revision of the Constitution 15.1 Duty to monitor and review the Constitution The Council will formally review this Constitution. The Council has agreed that the Cabinet supported with advice from the Chief

Executive, will monitor, develop and review the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect.

15.2 Protocol for monitoring and review of Constitution by the Chief Executive

and Monitoring Officer A key role for the Monitoring Officer is to be aware of the strengths and

weaknesses of the Constitution adopted by the Council, and to make recommendations for ways in which it could be amended in order better to achieve the purposes set out in Article 1. In undertaking this task the Monitoring Officer may:

(a) observe meetings of different parts of the Member and Officer structure; (b) undertake an audit trail of a sample of decisions; (c) record and analyse issues raised with him/her by Members, Officers, the

public and other relevant stakeholders; and (d) compare practices in this authority with those in other comparable

authorities, or national examples of best practice. (e) ensure that in addition to any statutory requirements arrangements are in

place to make the Constitution widely available to all sections of the Community.

15.3 Changes/Amendments to the Constitution (a) Approval. Changes/amendments to the Constitution will only be approved

by full Council with advice from the Chief Executive and the Monitoring Officer, except as set out within this Constitution.

(b) Amendments. The City Solicitor may make minor amendments or

corrections to the Constitution as necessary.

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Article 16 - Suspension, Interpretation and Publication of the Constitution 16.1 Suspension of the Constitution (a) Limit to suspension. The Articles of this Constitution may not be

suspended. The Rules specified below may be suspended by the full Council to the extent permitted within those Rules and the law.

(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 is present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution set out in Article 1.

(c) Rules capable of suspension. The following Rules may be suspended in

accordance with Article 16.1: (i) except for Rule 2.1 (iii), 17.2, 22.4, 22.5 and 23.1, all of the Council

Rules of Procedure set out in Part 4 may be suspended by motion on notice or without notice if at least fifty per cent of the members present plus one so consent. Suspension can only be for the duration of the meeting;

(ii) no exceptions to any of the provisions of the Standing Orders relating to the sale of land shall be made otherwise than in accordance with the Procedure Rules for land transactions.

(iii) no exceptions to the provisions of the Contracts Procedure Rules shall be made otherwise than in accordance with the Contracts Procedure Rules. Exceptions made under these provisions do not allow departures from statutory provisions.

16.2 Interpretation The ruling of the Mayor as to the construction or application of this Constitution or

as to any proceedings of the Council shall not be challenged at any meeting of the Council. Such interpretation will have regard to the purposes of this Constitution contained in Article 1.

16.3 Publication (a) The Monitoring Officer will ensure that a copy of this Constitution is made

available electronically to each Member of the authority 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 this Constitution is available for

inspection at the County Hall, Wakefield and electronically at libraries and on the internet. Copies of the Constitution 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 the summary of the Constitution is

made widely available within the area and is updated as necessary.

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Schedule 1: Description of Executive Arrangements EXECUTIVE ARRANGEMENTS The following parts of this Constitution constitute the Executive arrangements: 1. Article 6 (Overview and Scrutiny Committees) and the Overview and Scrutiny

Procedure Rules; 2. Article 7 (The Cabinet) and the Executive Procedure Rules; 3. Article 13 (Decision making) and the Access to Information Procedure Rules; 4. Schedule 1 of Part 2 of the Constitution; 5. Part 3 (Responsibility for Functions).

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Part 3 - RESPONSIBILITY FOR FUNCTIONS Introduction This part of the Constitution sets out who is responsible for the various functions of the Authority. Functions fall into the following categories:- 1. Local Choice Functions There are some functions which the Authority may treat as the responsibility of

the Cabinet (in part or whole) or as Council (non-executive) functions, at its discretion. Section 1 sets out these functions and shows who is authorised to discharge them.

2. Council (non-executive) Functions These are functions which, under the law, cannot be the responsibility of the

executive (Cabinet). In some cases, such as adopting the Council’s budget or the policy framework, only full Council may discharge the function. In other cases, the Council may delegate the responsibility for discharging a function to a Committee or an Officer.

Article 4.2 of the Constitution sets out functions which will only be exercised by

full Council. Section 2 below summarises which Council (non-executive) functions are

delegated to specified Committees or Officers, or exercised by full Council. 3. Executive Functions All other functions are executive functions. Decisions on these will be taken by

Cabinet, unless they are dealt with under joint arrangements or delegated to a Committee of Cabinet, a member of Cabinet or an Officer.

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3.1 Responsibility for Local Choice Functions

Function Decision making body and Membership

Delegation of Functions (see Terms of Reference/ Officer delegation Scheme

Functions under a local Act (other than one specified or referred to in Regulation 2 or Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as amended

Cabinet The relevant Corporate Director for the function concerned.

Determination of an appeal against any decision of the authority

Council Licensing Sub-Committee 3 (Regulatory and Appeals) insofar as appeals not delegated to any other Committee or Corporate Director

The making of arrangements for the hearing of appeals against exclusion of pupils

Cabinet City Solicitor

The making of arrangements for the hearing of schools admission appeals


The making of arrangements for the hearing of appeals brought by governing bodies of a requirement that they take pupils excluded from other schools


The making of arrangements to enable questions to be put at Council meetings on the discharge of the functions the Police and Crime Panel.

Council City Solicitor

The making of appointments of members to the Police and Crime Panel.

Council

The conduct of best value reviews Cabinet (See also the role of Overview and Scrutiny Committees)

Any function relating to contaminated land Cabinet Corporate Director Regeneration & Economic Growth

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The control of pollution or the management of air quality

Cabinet Corporate Director Regeneration & Economic Growth

The service of an abatement notice in respect of a statutory nuisance


The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority's area


The inspection of the authority's area to detect any statutory nuisance


The investigation of any complaint as to the existence of a statutory nuisance


The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976.

Cabinet Corporate Director (Regeneration and Economic Growth; Corporate Director, Adults, Health & Communities; Corporate Director, Children & Young People; City Solicitor; Chief Finance Officer

The making of agreements for the execution of highways works

Cabinet Corporate Director (Regeneration and Economic Growth

The appointment of any individual - (a) to any office other than an office in which he/she is employed by the authority; (b) to any body other than - (i) the authority; (ii) a joint Committee of two or more authorities or other body constituted; or (c) to any Committee or sub-Committee of such a body, and the revocation of any such appointment.

Council (63 Members of the Council) or Members of the Cabinet in accordance with arrangements agreed by the Council

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To make agreements with other local authorities for the placing of staff at the disposal of those other authorities

Cabinet

Health and Social Care Act 2012 Functions relating to the duty on local authorities to take steps to improve the health of their population. Section 196(2) of the Act enables both non-executive and executive functions to be delegated to the Health and Wellbeing Board.

Health and Wellbeing Board

No delegation

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3.2 Responsibility for Council Functions (Non-Executive)

Functions as set out in Schedule 1 of the Local Authorities (Functions and Responsibilities) Regulations 2000

Decision making body and Membership

Delegation of Functions (see terms of Reference/Officer Delegation Scheme)

Functions relating to Elections and Referenda The appointment of the Electoral Registration Officer and the appointment of the Returning Officer for local elections and referenda as to polling districts including, the appointment of a Petition Officer under the Recall of MP’s Act 2015. Local election pilot schemes. Power to submit proposals for pilot schemes for elections. Other functions relating to elections and referenda: Power to assign officers in relation to requisitions of the registration officer Duty to provide assistance at European Parliamentary elections. Duty to hold referenda where legislation permits. The division of constituency into polling districts. The division of electoral divisions into polling districts. Power in respect of holding elections. Duty to declare vacancy in office in certain circumstances. Duty to give public notice of a casual vacancy. Power to determine fees and conditions for supply of copies of, or extracts from, elections documents.

Council Council Council Council Council Council Council Council Council

The Chief Executive shall be the Electoral Registration Officer for the Council and the Returning Officer for all elections and referenda to which the Council has power to make the appointment The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive

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Power to pay expenses properly incurred by the electoral registration officer. Power to fill vacancies in the event of insufficient nominations. Power to make temporary appointments to Parish Councils. Functions in relation to parishes and parish Councils. Power to dissolve small Parish Councils. Making of orders for grouping and separating parishes from groups. Polling district reviews. To consider the outcome of a Community Governance Review undertaken in accordance with Government Guidance. Requests to the Boundary Commission for England. Changes in the Council’s Governance arrangements.

Council Council Council Council Council Council Council Council Council Council

The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive The Chief Executive No delegation No delegation No delegation

Power to change the name of the District or Parish.

Council No delegation.

Approve the Pay Policy Statement

Council No delegation

Power to confer title of honorary alderman/alderwoman or to admit to be an honorary freeman/freewoman of the District.


Power to make, amend, revoke or enact by-laws.

Council City Solicitor

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Local or Personal Bills Power to promote or oppose local Bills in Parliament.

Council

No delegation

Members Allowances


Pensions Functions relating to local government pensions.

Council

Service Manager, HR Service

Staff Appointment of staff and terms and conditions of service including discipline and grievance matters.

Council Service Manager, HR Service

Planning and conservation Functions relating to town and country planning, development and building control and conservation.

Planning and Highways Committee

Service Director – Planning, Transportation and Highways

Tree preservation and Hedgerows Functions relating to the preservation of trees and the protection of important hedgerows.



High Hedges Functions relating to high hedges.



Highways status use and regulation Functions relating to the creation, stopping up, diversion and regulation of the use of highways (including footpaths bridleways and cycle tracks).



Health and Safety Functions relating to health and safety under any relevant statutory provision within the meaning of part 1 of the Health and Safety at Work Act 1974 otherwise than in the capacity of the Council as an employer.

Licensing Committee

Corporate Director, Regeneration & Economic Growth

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Commons registration Functions relating to the registration of common land or town and village greens.

Licensing Committee Regulatory & Appeals Sub-Committee

City Solicitor

Sports Grounds Functions relating to safety of sports grounds.

Corporate Director Regeneration and Economic Growth

Markets and Street Trading Power to license market and street trading.

Licensing Committee Regulatory & Appeals Sub-Committee


All Functions relating to licensing and registration activities.

Licensing Committee Licensing Sub-Committee 3 (Regulatory & Appeals)

City Solicitor

All Licensing Functions including but not restricted to those under the Licensing Act 2003, and Gambling Act 2005 and the Police and Social Responsibility Act 2012.

Licensing Committee Licensing Sub-Committee 1 & 2

City Solicitor

Determination as to whether a charge should be made and where applicable the level of such fees and charges, for the issue, approval, consent, license, permit or other registration for licensing functions for which the Council has responsibility.

Licensing Committee

No delegation

Amendments to the Town and Parish Charter


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Smoking Cessation Functions under Part 1, Chapter 1 of the Health Act 2006

Licensing Committee

Corporate Director Regeneration and Economic Growth

Licensing of caravan sites, campsites etc. as detailed in Part B of Schedule 1 of The Local Authorities (Functions and Responsibilities) (England) Regulations 2000.

Licensing Committee

Corporate Director Regeneration & Economic Growth

Description: Licensing and Registration of any food process or premises (not including Licenses required under the Licensing Act 2003) as detailed in Part B of Schedule 1 of The Local Authorities (Functions and Responsibilities) (England) Regulations 2000, including:

• Game Dealers etc.

• Licencing and Registration of Food Premises.

• Approval of Meat Products Premises

• Approval of Premises for the Production of Minced Meat / Meat Preparation.

• Approval of Dairy Premises.

• Approval of Egg Product Premises.

• Approval Fish and Shellfish Premises, Vessels, markets etc.

• Approval Fish Product Premises.

Licensing Committee. Licensing Sub-Committee 3 (Regulatory & Appeals)

Corporate Director, Regeneration & Economic Growth.

Licensing and Registration of any animal related activity or premises as detailed in Part B of Schedule 1 of The Local Authorities (Functions and Responsibilities) (England) Regulations 2000, including:

• Dog Breeding

• Animal Boarding

• Pet Shops

• Animal Trainers / Exhibitors / Performing Animals.

• Zoos

• Dangerous Wild Animals

Licensing Committee Licensing Sub-Committee 3 (Regulatory & Appeals)

Corporate Director, Regeneration & Economic Growth.

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• Knacker’s Yards

• Riding Establishments

• Movement of Pigs, Sheep and Cattle

Consents for the operation of a loudspeaker

Licensing Committee


Statement of Accounts Duty to approve the Council’s statement of accounts, income and expenditure and balance sheet, or record of payments and receipts (as the case maybe)

Audit Committee No delegation

Approval of the Council Tax Base for Wakefield MDC and for Parish / Town Council areas. The Council Tax Base will form part of the calculation of Council Tax to be considered at Budget Council each year. In accordance with the requirements of the Local Government and Finance Act 1992 the Council Tax Base must be set annually between 1 December and 31 January.

Council Chief Executive acting in consultation with the Chief Finance Officer and the Leader of the Council.

Approval of the Appointment of a Post over £100,000 as required by the Localism Act 2011.


Appointment of Chief Executive Recommendations to the Council regarding the appointment of the Chief Executive and subject to the provisions of the relevant Regulations to deal with any disciplinary matters relating to the post.

The Appointment Panel (Chief Executive) - shall consist of five Members reflecting the political balance of the Council. Substitutes for members of the Appointments Panel are permitted. (Quorum 3 Members)

No delegation

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Appointment of Corporate Directors, , Service Directors and City Solicitor Appointment of Corporate Directors, , Service Directors and the City Solicitor and subject to the provisions of the relevant Regulations to deal with grievance, grading appeals or any disciplinary matters relating to their post.

The Appointment Panel - shall consist of between three and six Members reflecting the political balance of the Council. Substitutes for members of the Appointments Panel are permitted. (Quorum 3 Members)

No delegation

Determination of Appeals To consider appeals against dismissal, grading and grievances by employees (not Corporate Directors or Directors) of the Council.

Corporate Directors in accordance with the Officer Delegation Scheme

To determine appeals against any decision made by or on behalf of the Authority including those relating to Education, Social Services, Housing and Housing Benefits but excluding any matter when an appeal is provided for elsewhere in this Part 3.

Licensing Regulatory and Appeals Sub-Committee 3

Corporate Directors in accordance with the Officer Delegation Scheme

The promotion and maintenance of high standards of conduct within the Council To monitor and advise the Council about the operation of its Codes of Conduct in the light of best practice and statutory guidance.

Standards Committee

City Solicitor

Assistance to Members and Co-opted Members of the Authority To ensure that all members of the Council have access to training including training for Chairs of Committees, in all aspects of the member Code of Conduct, that this

Standards Committee

City Solicitor

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training is actively promoted and that members are aware of the standards expected from local Councillors under the Code. Other functions Functions relating to standards of conduct of Members and Officers under any relevant provision and to consider and determine complaints against Councillors and Parish/Town Councillors referred to the Council and breaches of local Codes.

Standards Committee

City Solicitor

Maladministration Power to make payments or provide benefits in cases of maladministration

The relevant Corporate Director for the service concerned

Reviewing and monitoring the Council’s response to: (i) probity and standards issues arising

from internal audit functions and reports of the external auditor,

(ii) corporate governance issues,

including overview of whistle blowing, antifraud and corruption policies and complaints handling.

(iv) Local Ombudsman's investigations

Standards Committee

The relevant Corporate Director subject to informing the relevant Cabinet Member or Committee Chair

Ombudsman Approving local settlements of Ombudsman investigations and responding to Ombudsman findings

Standards Committee

The relevant Corporate Director subject to informing the relevant Cabinet Member or Committee Chair

Accounts and Audit matters Consideration of issues relating to the Council’s accounts and the Audit Commission’s Annual Management Letter.

Audit Committee

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Pharmaceutical Needs Assessment To determine whether a notified change to the Pharmaceutical Needs Assessment is minor or major.

Health and Wellbeing Board


Functions as set out in Part 5 of the Housing and Social Care Act 2012

Council See Delegation of Functions to the Director of Public Health

3.3 Delegations to Officers (Executive Functions) 3.3.1 The Officer Delegation Scheme confers on Corporate Directors extensive powers

to carry out Executive Functions in addition to the functions delegated to Corporate Directors in relation to Council Functions set out in Part 3 of the Constitution. Officers implement the Council’s policies and strategies within the policy and budgetary framework set by the Council. Where a function is delegated to a Corporate Director via this Constitution, he/she shall have delegated authority to deal with all matters relating to that function, except where there is a restriction on the delegation set out in the Scheme of Delegation.

3.3.2 The Delegations to Corporate Directors does not include delegated authority to

take key decisions as defined in Article 13 of the Constitution, except that the Chief Executive, in exercising his or her delegated authority to take decisions in cases of emergency, may take key decisions.

3.3.3 If it appears to the Chief Executive that any function has not been delegated to a

Corporate Director and that it is a function that has not been reserved deliberately to Council, Cabinet or a Committee and it is necessary for the function to be exercised, then in consultation with the Leader or in his/her absence the Deputy Leader he/she may nominate a Corporate Director to exercise this function on a temporary basis subject to reporting the need for an amendment to be made to the Constitution to Council within 2 months, or to the next available meeting of Council following the expiry of the 2 months.

3.3.4 If there is any disagreement about which Corporate Director has responsibility for

any function delegated in Part 3 of the Constitution, the Chief Executive’s decision on the matter shall be final.

3.3.5 This Section and the Officer Delegation Scheme at Part 3 shall be read together

with paragraphs 3.1 and 3.2 within Part 3 of this Constitution, which shall comprise the Officer Delegation Scheme.

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3.4 Responsibility for Executive Functions (Members) 3.4.1 The Leader exercises the powers given to him/her in accordance with the Local Government Act 2000, as subsequently amended

The Leader will provide effective strategic leadership to the authority and discharge executive functions and will determine which functions he will delegate to Cabinet, acting collectively or individually. These include those local choice functions identified in Section 3.1 above as the responsibility of the Cabinet and all other functions of the Authority not specified in Section 3.2.

3.4.2 The Leader leads on the development of local, regional and national and European policy and strategic partnerships The Leader will comply with the appropriate parts of the Executive Procedure Rules set out in Part 4 of the Constitution and the Access to Information Procedure Rules when taking Executive decisions.

3.5 Responsibility of Cabinet 3.5.1 The role of Cabinet is determined by the Leader. The Cabinet is responsible for

making such recommendations as it chooses to Council on the authority’s policy and budget framework and for the co-ordination and performance of services and functions within the agreed policy and budget framework. The Leader is responsible for determining the Scheme of Delegation for all executive (Cabinet) functions

3.5.2 All key decisions shall be made in accordance with the Constitution by Council, the

Leader, Cabinet or Cabinet Committees except where that body has given a specific delegation to Cabinet Member(s) or Corporate Directors. Cabinet makes recommendations to Council on the budget and policy framework.

The Terms of Reference for Cabinet are set out below. This list is not

exhaustive. 3.5.3 Cabinet - Terms of Reference Executive Functions

(a) To make recommendations on functions reserved for determination by the full Council as set out in the Constitution, that are not solely Council side Functions.

(b) To consider matters relating to the overall co-ordination of Council

business and approve any action required as a consequence. (c) To consider matters relating to the development of the Council’s

business change agenda and approve any action required as a consequence.

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(d) To receive reports monitoring the overall performance of Council services, from the External Auditor or arising from external inspection or assessment and to approve action plans arising there from.

(e) To approve, or approve variations to, strategies and policies, plans,

programmes and procedures which are consistent with the budget and policy framework determined by the full Council, in accordance with the Constitution.

(f) To approve variations to overall capital or revenue programmes in

respect of the costs of schemes which cannot be contained with the budgetary allocation and existing financial rules, subject to the Council’s Budget and Policy Framework.

(g) To receive references from Overview and Scrutiny Committees and

approve any action required in response to these. (h) To approve matters which fall within the definition of a Key Decision

unless a matter has been delegated to an individual Member or Officer.

(i) To nominate or appoint Members to outside bodies, except where the

approval of full Council is required

(j) To approve the closure of residential homes.

(k) To approve major Directorate restructures and where appropriate make recommendations to Council.

(l) To receive reports regarding proposed expenditure on key decisions

on specific contracts (whether by framework or not) in order to approve undertaking market consultation and approving delegations for actions thereafter.

(m) To deal with any other matter as set out in this Constitution.

In relation to the Council Constitution

1 To review the effectiveness of the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect

2 To consider recommendations from the Audit Committee and any other

Committee and approve changes to documents which accompany the Constitution

3 To consider recommendations from the Standards Committee and

approve changes to the Constitution and the documents which accompany the Constitution

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4 To make recommendations to Council on changes to the Constitution 5 To approve changes to the Executive Procedure Rules

6. To note changes to the following Code and Procedure Rules :

Officer Employment Procedure Rules Employees Code of Conduct 3.5.4 The Cabinet takes all decisions brought before it collectively.

3.5.5 The full Council is the authority’s sovereign body. However, where any

functions involve the preparation of a strategic policy for the Council the draft plan or strategy should be considered in the first instance by the Cabinet.

3.5.6 Where the Leader delegates responsibility for the exercise of executive

functions to individual Members (s)he shall determine the extent of any authority delegated to them including details of the limitation on their authority.

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3.5.7 Responsibility for Executive Functions are set out in the following table:- (i) Portfolio: Leader Main Role To exercise the Leader powers vested in the Leader in accordance with the Local Government Act 2000 as amended by section 62 of the Local Government and Public Involvement in Health Act 2007. Provide visible political leadership in relation to citizens, stakeholders and partners in the overall co-ordination of Council policies, strategies and service delivery. Lead the development of local, regional, national and European policy and strategic partnerships and devolution. Lead the Council’s contribution to working with partners to achieve agreed objectives and the promotion of the economic, social and environmental well-being of citizens. Duties and Responsibilities

1) To lead and Chair Cabinet meetings. 2) To represent and act as an ambassador for the Authority and to lead in

developing strategic partnerships with agencies, citizens and stakeholders in relation to the delivery of strategic objectives and the provision of services to citizens.

3) To have overall responsibility for:

• Strategic Policy and Budget issues

• Development, monitoring and implementation of the Policy Framework

• Communicating the Council’s values, vision and objectives to Councillors, staff and unions and to citizens, partners and stakeholders

• West Yorkshire Joint Services.

• West Yorkshire Police and Crime Panel

• The West Yorkshire Combined Authority

• The Leeds City Region Partnership Committee and its other committees 4) To Chair the Local Services Board – Wakefield Together. 5) To lead on the District’s consultation and external communications for the

Council including its community engagement strategy, and programme of District Debates.

6) To lead on major projects.

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7) To ensure that systems exist to appraise the performance of senior managers. 8) To take up corporate membership of any appropriate body or organisation

whose objectives are considered to be beneficial to the pursuit of the Authority’s own activities.

9) To submit proposals to the Cabinet on the budget and policy framework. 10) To monitor the implementation of the Strategic Plans and other major plans by:-

• Setting strategic performance targets relating to the objectives

• Ensuring corporate goals and milestones are met

• Developing new policies and strategies 11) To provide political leadership on poverty issues. 12) To determine the way in which the Council spends the Invest to Save Fund. 13) Virement of significant Resources not subject to Cabinet or Council approval

within the approved Capital Programme. 14) Approval of documents of strategic significance for consultation or in response

to consultation. 15) Approval of foreign visits by Members and Officers. 16) To approve the wording attributed to Councillors in respect of executive

functions in Council publications. 17) Any executive decisions (including key decisions), in a situation where the

matter is so urgent that it does not allow time for a report to Cabinet. 18) To approve contract renewals for Commissioned Services (Key Decisions). 19) Represent the Authority on national, regional and sub-regional bodies and

partnerships created for the economic well-being of the District. 20) Any executive decision (including key decisions), in a situation where the

matter is so urgent that it does not allow time for a report to Cabinet. 21) For the avoidance of doubt, all executive functions except those listed below are

to be decisions of Cabinet

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(ii) Deputy Leader and Portfolio Holder for Economic Growth and Regeneration Main Role Co-ordination of the implementation of policies and strategies, especially in relation to cross-cutting issues, to achieve a corporate approach. The promotion, development and delivery of regeneration activities as an integral part of the Council’s priorities. Duties and Responsibilities

1. To chair Cabinet Meetings when the Leader is not present 2. To lead on the development, promotion and delivery of policies and strategies in

connection with the Council’s responsibilities for Regeneration, Housing (including Land Use Planning) and Skills, Planning and Development, energy and sustainability, Markets, biodiversity, strategic and private sector housing and employment.

3. To lead on the development and delivery of policies in connection with the

Council’s responsibilities for the provision of public sector housing in the Wakefield District.

4. To have lead political responsibility for the access to services agenda and

embedding citizen focus within services. 5. Deputise for the Leader at LEP and Combined Authority meetings and other

meetings as necessary. 6. To ensure that the Council and the Executive decisions where relevant, have due

regard for their potential in contributing to the delivery of the Regeneration and Economic Growth Portfolio.

7. To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio

activities especially in relation to policy development. 8. To lead development of Employment and Skills Strategy to support growth and

lead on economic growth, jobs and skills plan.

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(iii) Portfolio Holder for Adults and Health Main Role The promotion and development of Services to Adults as an integral part of the Council’s priorities. Lead statutory responsibility for services to adults and public health including safeguarding. Duties and Responsibilities

1. The lead political responsibility for the development and delivery of policies and strategies in connection with the provision of efficient and effective services to Adults in the District.

2. To support the implementation of policy for the provision of a range of support

services which will safeguard and promote the welfare, protection and wellbeing of Adults who require those services.

3. Political oversight of Wakefield New Models of Care Partnership Board,

Sustainability and Transformation Plans and Connecting Care. 4. Chair the Health and Wellbeing Board. 5. The lead political responsibility for developing and maintaining collaborative

arrangements with other statutory, voluntary and independent organisations in relation to the provision of services to Adults. In particular to promote and develop positive partnership working arrangements with health care providers to ensure citizen focussed outcomes for adult health care services.

6. To lead on Public Health.

7. To ensure that Council and Executive decisions, where relevant, have due regard

for their potential in contributing to the delivery of services to Adults. 8. To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio

activities especially in relation to policy development.

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(iv) Portfolio Holder for Children and Young People Main Role Lead statutory responsibility for the leadership, strategy and effectiveness of Wakefield MDC’s children and young people services particularly safeguarding. The promotion and development of Services to Children and Young People as an integral part of the Council’s priorities. Duties and Responsibilities

1. The lead political responsibility for the development and delivery of policies and strategies in connection with the provision of efficient and effective services to Children and Young People in the District, including recommendations from regulatory bodies.

2. To support the implementation of policy for the provision of a range of support

services which will safeguard and promote the welfare, protection and well-being of all children and young people including the most disadvantaged and vulnerable.

3. To have lead political responsibility for developing and maintaining collaborative

arrangements and commissioning with other statutory, voluntary and independent organisations in relation to the provision of services to Children and Young People.

4. Working with autonomous schools and other partners, to lead politically on the

development of policy for the provision of services to Children and Young People in relation to the strategic management of education services, access, special needs and standards.

5. To promote educational excellence. 6. To ensure that Council and Executive decisions, where relevant, have due regard

for their potential in contributing to the delivery of services to Children and Young People.



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(v) Portfolio Holder for Corporate Services

Main Role To co-ordinate and develop the responsibilities and activities of the Council in relation to the effective and efficient use of its resources as an integral part of the Council’s priorities. Duties and Responsibilities

1. To oversee the provision of guidance for the capital and revenue budgetary priorities of the Council together with the implementation of strategic budget monitoring policies which will ensure the proper administration of the financial affairs of the Council, including delivery of Corporate Services budget savings and improvement plans.

2. To have lead political responsibility for corporate issues and services relating to the development and implementation of ICT systems, corporate legal and democratic issues (Registrars, elections, licensing, committee services, information governance, overview and scrutiny, support to the Coroner, civic and ceremonial responsibilities, corporate human resources policies, corporate financial issues and services, revenue and benefits, health and safety, strategic procurement, performance management, customer services and emergency planning, resilience and business continuity.

3. To have lead political responsibility for corporate governance issues including audit, risk management and standards.

4. Oversight of the development of commercial approaches and activities including traded services functions across the Council including catering and cleaning.

5. To deliver Corporate Services Budget savings and improvement plans.

6. To ensure effective arrangements for consultation and negotiation with Trade Unions

7. Cabinet Member lead on any shared service arrangements with other Local Authorities or public agencies i.e. YPO and WYJS.

8. Cabinet lead for Member Development and ICT support to Elected Members

9. Member lead for Equality and Diversity.

10. To ensure that the Council and Executive decisions, where relevant, have due regard for their potential in contributing to the delivery of the Corporate Services Portfolio.

11. To lead and deliver the asset management strategy in relation to building management and maintenance of Council owned buildings, in accordance with the Council’s plans and resources.

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12. To have lead responsibility for the Council’s assets in accordance with Council Policy.

13. To have lead responsibility for the Council’s relationship with Engie and Arcadis 14. To commission Scrutiny, when appropriate, to assist in the delivery of Portfolio

activities especially in relation to policy development. 15. To lead on twinning policy and strategy to any overseas activity by the local

authority.

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(v) Portfolio Holder for Culture, Leisure and Sport

Main Role The promotion, development and delivery of Culture, Leisure and Sport and citizen focus, activities as an integral part of the Council’s priorities. Duties and Responsibilities:

1. To lead on the development promotion and delivery of polices and strategies in connection with the Council’s responsibilities for Culture, Leisure and Sport including, Libraries, Museums and Galleries, Sports and Leisure Centres, Arts, Sports development and events.

2. To promote and develop effective partnership working arrangements with public,

private and voluntary stakeholders to secure the delivery of effective sporting and cultural services and promote the District as a centre of sporting and cultural development and as an attractive tourist destination.

3. To ensure that the Council and Executive decisions, where relevant, have due

regard for their potential in contributing to the delivery of the Culture, Leisure and Sport within the District.



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(vii) Portfolio Holder for Communities and Environment Main Role The promotion and development and delivery of Environment services as an integral part of the Council’s priorities. The promotion and development of services relating to Community Safety. Duties and Responsibilities

a) Lead political responsibility for the development and delivery of policies and strategies in connection with the provision of effective and efficient environment services. This includes streetscene and neighbourhood services, waste collection and disposal, climate change, parks, cemeteries and crematoria and other public spaces, enforcement and environmental health.

2. To have lead read responsibility for Area Working 3. To have lead read responsibility for the delivery of the Waste Management

Strategy and the Waste PFI scheme 4. To have lead responsibility for the Council's carbon reduction strategy 5. To ensure delivery of the community engagement strategy 6. Approval to expenditure in respect of the Development Fund (Neighbourhoods) 7. To lead on the development and delivery of policies and strategies for

sustainable communities. 8. In support of this overall objective, to have lead political responsibility for

Community Safety, Cohesion, funding and support of local community and voluntary sector organisations.

9. Chair the Community Safety Partnership. 10. To provide a strategic lead on issues relating to Domestic Violence and abuse,

trafficking, FGM and anti-slavery. 11. To ensure that Council and Executive decisions, where relevant, have due regard

for their potential in contributing to the delivery of the Communities and Environment Portfolio.



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(viii) Portfolio Holder for Transport and Highways Main Role To co-ordinate, develop and ensure effective delivery of all activities in relation to Transport and Highways functions as an integral part of the Council’s priorities. Duties and Responsibilities

1. To lead and develop an integrated strategic transport plan for the district. 2. To oversee delivery of Highways maintenance and strategic transport services. 3. Lead member for cycle networks and consultation with cycle forums to ensure

delivery of the Tour de France legacy. 4. Lead member for delivery of Rail Franchises and Rail Network consultations. 5. Lead member for delivery of all passenger transport services bus contracts and

wider engagement with bus providers. 6. To deliver budget savings and renew value for money for highway maintenance

and transport services in consultation with Trade Unions as necessary. 7. Ensure effective winter maintenance services. 8. Ensure effective upkeep of district network, responding effectively to customer

feedback within available resources. 9. Lead Member for Road Safety. 10. To ensure that the Council and Executive decisions, where relevant, have due

regard for their potential in contributing to the delivery of the Transport and Highways Portfolio.



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3.5.8 Delegation of Executive Functions to Cabinet Members

Delegations to Cabinet Members In accordance with Article 7 (7.8) the following delegations are given to Cabinet Members

Portfolio

Approval of visits by the Leader of Council Corporate Services or Chief Executive

Approval of Member attendance at Conferences and Events

Corporate Services

Applications for Grant Aid

Corporate Services

Appointment of Members to Education Admission/Exclusion Appeals Panel

Corporate Services

Requests which fall outside of the Council’s Policy on the Flying of Flags

Corporate Services

HR Matters - Including Exemption to Council Policy

Corporate Services

Authorisation of appropriation of land or property from one service use to another (for the purposes of that function).

Corporate Services

Restrictive Covenants applied to Council Land Disposals

Corporate Services

Any executive decision in relation to School Academy conversions or Nursery provision where the matter is so urgent that it does not allow time for a report to Cabinet.

Children and Young People

Determine Neighbourhood Improvement Fund Applications

Communities and Environment

Food Law Enforcement Plan Communities and Environment

To authorise the undertaking of consultation on any matter falling within the individual Portfolio.

Cabinet Member for the Service involved

The allocation of Grants to Arts and Cultural Bodies

Culture, Leisure and Sport

Revisions to library opening hours

Culture, Leisure and Sport

Approval to enter into Section 278 Agreements Economic Growth and Skills

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Variation or termination of a Development Agreement.

Economic Growth and Skills

The allocation of Grants to Voluntary Organisations Cabinet Member for the Service involved

Applications for Sponsorship


Virement of significant Resources not subject to Cabinet or Council approval within the approved Capital Programme


Variation in existing fees for matters falling within the individual Portfolio. ( All new fees must first be determined by Cabinet)

Cabinet Member for the Service involved.

Approval of contracts/ renewals / extension of existing contracts between the values of £100,000 to £250,000 (in accordance with the Contract Procedure Rules) of commissioned services. NB – If the value of the contract is in excess of £250,000 it is a key decision and as such must be included on the Forward Plan, and any decision taken by the Leader.

Cabinet Member for the Service involved.

Approval of a lease for less than seven years even if for less than best consideration that can be obtained and the creation of a ‘Tenancy at Will’.

Corporate Services

Approval of ‘Blue Light Leases’ at less than best consideration for blue light services located in Council premises.

Corporate Services

Leases to Parish and Town Council’s at less than best consideration in circumstances where the Parish or Town Council has taken over the liability for all repairs and outgoings during the term of the lease.

Corporate Services

N.B These delegations do not override the general delegations to Officers to deal with operational matters unless specified above.

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3.5.8.1 Joint Arrangements - set out in the following table are details of those functions that are undertaken jointly by the five West Yorkshire District Council’s:-

Combined Authority

Five West Yorkshire Councils plus York

Trading Standards, Archives and Archaeology, Grants

West Yorkshire Joint Services Committee (Four members from each of the West Yorkshire District Councils including the Leader of Council).

Scrutiny of the Police and Crime Commissioner for West Yorkshire

West Yorkshire Police and Crime Panel

Pension Fund including Investment Panel and Advisory Group

West Yorkshire Pension Fund

West Yorkshire Business Rates pooling mechanism

Leeds City Region Business Rates Pool Joint Committee

The West Yorkshire Fire and Rescue Authority Three Members are appointed from the Council. The appointments are made in proportion to the population levels within the five District Council areas of West Yorkshire and in accordance with political balance rules.

3.5.8.2 Joint arrangements – set out in the following table are details of those functions that are undertaken jointly with other Authorities (not restricted to West Yorkshire):- Purchasing Yorkshire Purchasing

Organisation Management Committee (Two Members from each of the member Councils including a Cabinet Member).

Review of the National Health Service (Regional Issues)

• Yorkshire & Humber Joint Health Scrutiny Committee

• South Yorkshire, Derbyshire, Nottinghamshire and Wakefield Joint Health

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Overview and Scrutiny Committee West Yorkshire Joint Scrutiny

• Wakefield and Kirklees Joint Health Scrutiny Committee – Review of Mid Yorkshire Clinical Services Strategy

Consultation Forum for Leeds City Region authorities and facilitate direct collective engagement with the West Yorkshire Combined Authority.

Leeds City Region Partnership Committee

3.5.9 In addition to the above, the Council is a member of YPO Holdings Limited. It must nominate 1 Member to be a director of the Company.

In addition to the above, the Council is a member of West Yorkshire Joint

Services. It must nominate 1 Member to be a director of the Company. 3.5.10 However, in accordance with the Functions Regulations, these are NOT

functions of the Cabinet:

• Imposing conditions, limitations or restrictions on approvals, consents, licences, permissions or registrations on a non-executive function.

• Determining any terms to which any such approval etc. is subject.

• Determining whether and how to enforce any failure to comply with such approvals or any of the attached conditions etc.

• Amending, modifying, varying or revoking any such approval.

• Determining whether a charge should be made for such approvals or the amount of such charge.

• Making, amending, revoking or replacing the Members Allowance Scheme or determining any amounts or rates in the Scheme.

• Subject to any Regulations under Section 20 of the Local Government Act 2000, making arrangements for the joint exercise of functions under Section 101(5) of the Local Government Act 1972 and making appointments to Committees/joint Committees under Section 102 of the 1972 Act.

• Any functions reserved in full Council under legislation which predates the Regulations.

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• Amending, modifying, varying or revoking any plan or strategy except where authorised by the Constitution.

• The adoption/approval of a plan/strategy which is not in the policy framework, if full Council has determined that full Council should take the decision.

• Where the decision is contrary to or not wholly in accordance with the budget and policy framework, except as set out in the Constitution.

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3.6 Officer Delegation Scheme for Executive Functions 3.6.1 Introduction Decisions will be taken by the Council, its Leader, Cabinet and Committees

except as provided for by the Officer Delegation Scheme (which is a supporting document). The Officer Delegation Scheme confers on Corporate Directors and Service (First and Second tier Officers) extensive powers to carry out the Authority’s executive functions in addition to the functions delegated to Corporate Directors in relation to Council functions set out in Sections 3.1 and 3.2 of Part 3 of the Constitution. The designation "Chief Officers" throughout this Constitution and Officer Scheme of Delegation refers to one of the following: Chief Executive, Corporate Director, City Solicitor, Chief Finance Manager or Director. The Officer Delegation Scheme includes those delegations to Chief Officers set out in Sections 3.1 and 3.2 of Part 3 and Section 4 of Part 3 of this Constitution. The delegations to Officers are subject to the delegations to Members set out above.

3.6.2 Emergency and urgency powers The Chief Executive, or in his/her absence his/her designated deputy, shall be deemed to have the power to exercise all the Council’s executive functions in emergency or urgent circumstances. 3.6.3 General roles and responsibilities of Members and Officers (i) The effect of these arrangements is that Members set policy priorities and

strategies to reflect local interests and needs and are also responsible for allocating funding between individual priority areas. Corporate Directors, Service Directors, City Solicitor or Chief Finance Officer and their staff implement these strategies and policies by delivering services and major initiatives. It is Officers therefore, who have responsibility for managing the Council’s day to day operations, within a policy and budgetary framework determined by the Council.

(ii) Under these arrangements, Council and the Cabinet have specific functions and

these can be delegated to Committees or Officers. Where Council or the Cabinet have established a Committee to discharge their respective functions then subject to any limitations imposed by the Council /Cabinet respectively, that Committee can also delegate its functions to an Officer. The functions delegated to Officers are set out in the Officer Delegation Scheme.

(iii) The Chief Executive, Corporate Director, City Solicitor, Chief Finance Officer or

Director or other named Officer shall have power to formulate initial proposals within the budget and policy framework and undertake consultation on them, to carry into effect without reference to the Council or Cabinet or to any of their respective Committees, matters of day to day management and administration, in accordance with the Officer Delegation Scheme which is attached as a supporting document.

(iv) Corporate Directors have responsibility to report to the Chief Executive, Council,

the Leader, Cabinet, Portfolio holder or the appropriate Committee or Committee Chair, matters that are of political or strategic significance where that body or

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person is not required to make a decision but where it is proper for them to be aware of the position. In respect of Member consultation on matters of strategic significance and/or major operational significance concerning executive functions, the Officer delegated decision pro-forma must show the date the Portfolio Holder was consulted.

3.6.4 Responses to Consultation Papers on matters of political or strategic significance

require the approval of relevant Portfolio Holder or Chair of the appropriate Committee.

3.6.5 With the exception of the Chief Executive, as described in 4.1.1 above,

Corporate Directors are not authorised to take key decisions unless this power has been specifically delegated to them.

3.6.6 The fact that a function stands delegated to an Officer under these arrangements

shall not preclude Council, The Leader, a Committee or Cabinet from exercising the function directly.

3.6.7 The Chief Executive, Corporate Director, City Solicitor or Director may consider

that a delegated authority should not be exercised and that it should be referred to the delegating body for consideration.

3.6.8 An appropriate Cabinet Member may request that a relevant Officer refrains from

exercising a delegated authority in respect of a particular executive matter and refer it instead to the Cabinet for a decision.

3.6.9 The Council, the Leader, a Committee or the Cabinet may determine to reserve

decisions about particular matters to it. 3.6.10 In addition to the delegations set out in this Scheme, the Council, the Leader, a

Committee, the Cabinet or the Chief Executive can arrange for further delegations on specific matters, insofar as this is permitted by law.

3.6.11 Corporate Directors, Service Directors, Chief Finance Officer and the City

Solicitor shall have power to carry out for their service areas the functions and services delegated to them under the Officer Scheme of Delegation. This includes all matters where they have professional or managerial responsibility. Whilst the exercise of a function by an Officer under these arrangements is not made subject to the satisfaction of any prior condition, an Officer shall, when exercising a discretion remitted to him/her, be under a duty to satisfy himself/herself that the decision complies with Article 13.2 and conforms to the Council’s Budget and Policy Framework and other approved policies and whether, in reaching the decision, he/she has observed approved practices and procedures, including those in relation to community consultation.

3.6.12 Where a policy or procedure refers to a matter being dealt with by Council, the

Leader, Cabinet or a Committee and that function has since been delegated to a Corporate Director then the appropriate amendments shall be made to the procedure where the matter is dealt with by an Officer (see Officer Scheme of Delegation).

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Part 4 – RULES OF PROCEDURE

COUNCIL PROCEDURE RULES

1. ANNUAL MEETING OF THE COUNCIL

1.1 Timing and business In a year when there is an ordinary election of Councillors, the Annual Meeting will take place within 21 days of the retirement of the outgoing Councillors. In any other year, the Annual Meeting will take place in May.

The Annual Meeting will:

(i) elect a person to preside if the Mayor is not present or is unavailable; (ii) elect the Mayor; (iii) appoint the Deputy Mayor; (iv) receive Declarations of Interest from Members on the matters to be

considered at the meeting; (v) receive apologies for absence; (vi) approve the Minutes of the last meeting; (vii) receive any announcements from the Mayor and/or the Chief Executive; (viii) elect the Leader when a vacancy occurs under Article 7.3 of the Constitution

for up to a four year term. If the Council fails to elect a Leader at the Annual Meeting, the Leader is to be elected at a subsequent meeting;

(ix) receive notification of the Leader’s Cabinet and the scheme of delegation for the discharge of Executive Functions;

(x) appoint at least one Overview and Scrutiny Committee and such other Committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are executive functions;

(xi) approve a programme of Ordinary Meetings of the Council for the year; (xii) consider any business set out in the notice convening the meeting.

1.2 Selection of Councillors on Committees, West Yorkshire Joint Authorities /

Committees and Other Joint Bodies At the Annual Meeting, Council will:

(i) decide which Committees to establish for the Municipal Year;

(ii) decide the size and terms of reference for those Committees;

(iii) decide the allocation of seats and substitutes to political groups in accordance

with the political balance rules as required by legislation;

(iv) receive nominations of Councillors to serve on each Committee, Panel and Joint Authority / Other Outside Body; and

(v) appoint to those Committees, and Outside Bodies except where appointment to those bodies has been delegated by the Council or is exercisable only by the Cabinet.

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2. ORDINARY MEETINGS 2.1 Ordinary meetings of the Council will take place in accordance with a programme

decided at the Council’s Annual Meeting. Ordinary meetings will:

(i) elect a person to preside if the Mayor and Deputy Mayor are not present; (ii) to receive apologies for absence; (iii) receive any declarations of interest from Members; (iv) approve the Minutes of the last meeting for which the Mayor will sign; (v) deal with any business expressly required by Statute to be done before any other business or such other business as the Mayor agrees shall be dealt with before any other business; (vi) receive any such announcements as the Mayor may wish to put before Council; (vii) receive petitions with significant level of support (i.e.15,000 signatures) and debate the issue raised in the petition. Petitions will not be considered at the Annual Meeting of Council, the Budget Council Meeting, or at Extraordinary Meetings of Council which are not convened to consider the subject matter of the petition. The petition organiser will be given three minutes to present the petition at the meeting and the petition will then be discussed by Councillors for a maximum of 15 minutes. A maximum of two petitions will be considered at any one Council Meeting. Council may decide to:

• take the action the petition requests,

• not to take the action requested for reasons put forward in the debate,

• to commission further investigation into the matter, for example by a relevant Overview and Scrutiny Committee.

• where the issue is one on which the Cabinet is required to make the final decision, the Council will decide whether to make recommendations to

inform that decision. (viii) receive a report from the Leader of the Council, and to receive questions to the Leader of the Council for a maximum duration of 30 minutes;

(ix) receive written Cabinet Member reports in accordance with Council Procedure Rule 14.1. Each Cabinet Member is allocated 5 minutes to present their report. An additional 15 minutes is then allocated to enable each Cabinet Member to answer any questions and brief comments on both issues contained within their report or wider issues within the Portfolio;

(x) receive reports requiring the approval of the Council; (xi) receive deputations to speak in accordance with Council Procedure Rule 12;

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(xii) deal with any questions made by Members, due notice having been given pursuant to paragraph 16.4 of the Council Procedure Rules (for a maximum duration of 30 minutes);

(xiii) deal with any Motions proposed by Members, written notice having been given pursuant to paragraph 17 of the Council’s Procedure Rules.

3. CONTROLLING GROUP BUSINESS

The Council may at three meetings a year give time on its agenda to issues raised by the Controlling Group. These meetings will not include the Annual Meeting of Council, Budget Council, or at any Extraordinary Meeting of Council. A maximum of 45 minutes will be set aside for each of the three meetings.

4. OPPOSITION BUSINESS

The Council may at one meeting a year give time on its agenda to issues raised by the official Opposition Group. These meetings will not include the Annual Meeting of Council, the Budget Council, or at any Extraordinary Meeting of Council. A maximum of 45 minutes will be set aside at the meeting.

5. DISCUSSION ITEMS

The Leader, as Chair of Cabinet, may request the Chief Executive to include on the Council Summons a matter for discussion. Discussion items will not be considered at the Annual Meeting of Council, Budget Council, or at any Extraordinary Meeting of Council. A maximum of 45 minutes will be set aside.

5.1 Items 2.1(i) to 2.1(xiii) inclusive shall be dealt with in the order set out above, and

the order of the items of business may be changed, apart from items 2.1(i) to 2.1(iv), either at the discretion of the Mayor or by resolution of the Council.

5.2 Items not listed on the Council Summons may be considered as urgent subject to

the approval of the Mayor. 5.3 Ordinary Meetings will terminate at no later than 6.00 pm. Any unfinished

business will normally be voted on without debate at the end of that time. Any meeting starting other than after 2.00 pm shall finish no later than 4 hours after the start. Special and Extraordinary Meetings of the Council shall be subject to this rule. Budget Council meetings shall not be subject to this rule.

5.4 In exceptional circumstances, with the consent of the majority of Members’

present and voting, the Council meeting may be adjourned in accordance with the provisions of rule 19.10, to a time and date fixed by the Mayor at the time the meeting adjourns, or if he or she does not fix a time and date, the business remaining stands adjourned until the next ordinary meeting of the Council.

6. THE MEETING TO SET THE REVENUE BUDGET INCLUDING THE COUNCIL TAX, AND THE CAPITAL PROGRAMME (known as “Budget Council”) 6.1 A meeting to set the Revenue Budget including the Council Tax, and the Capital

Programme will take place on a date to be agreed by the Council.

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The Order of Business will be:

(i) to elect a person to preside if the Mayor or Deputy Mayor is not present;

(ii) to receive apologies for absence;

(iii) to receive any declarations of interest from Members;

(iv) to receive any such announcements as the Mayor may wish to put before Council;

(v) to receive reports on any precepts received;

(vi) to receive reports on any levies received;

(vii) to receive the recommendation from Cabinet for a Capital Programme and a General Fund Revenue Budget to enable the Council to make the statutory calculations for setting the Council Tax. This recommendation needs to be proposed and seconded;

(viii) to receive questions to the Mover and Seconder of the recommendation from Members on the proposed Budget and Capital Programme;

(ix) to receive any amendments to the recommendation from Cabinet for a General Fund Revenue Budget. Any such amendment must be certified by the Section 151 Officer as being reasonably calculated and sufficiently deliverable as to be robust and sustainable in the medium term and continue to ensure that reserves are maintained at an adequate level which protects the Council’s financial standing. This amendment needs to be proposed and seconded;

(x) to receive questions to the Mover and Seconder of the Amendment from Members on the proposed amendment to the Budget and Capital Programme;

(xi) the Council will then debate the matters before it for consideration. The order of speakers shall be at the discretion of the Mayor. During this debate a Member may address the proposals of the Cabinet or any amendment that may have been moved. A Member shall only speak once in the debate;

(xii) If an amendment has been moved and seconded, and the Mayor considers that it has received sufficient debate, the amendment will be put to the vote, after the Proposer of the original Budget has exercised his/her right of reply as the mover of the Cabinet recommendation. If the vote is not carried, the Chair will then proceed to call a vote on the Cabinet recommendation as it originally was submitted, after the Proposer of the original Budget has exercised his right of reply as the mover of the Cabinet recommendation;

(xiii) If an amendment is carried, the Motion as amended, takes the place of the original Motion. This becomes the Substantive Motion to which any further amendments are moved.

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6.2 The rules of procedure and debate at the Budget Council Meeting shall be the

same as for an Ordinary Meeting, with the exception that any amendment to the Cabinet recommendation in 6.1 (ix) above must be received by the Chief Executive at least four clear working days before the date of the Meeting to set the Council Tax.

6.3 Rule 19.4 applies to the rules of debate except for the Leader and Deputy Leader

of the Council and the Leader and the Deputy Leader of the Main Opposition Group, who may speak in excess of five minutes to a maximum of one hour for the Leader and Leader of the Opposition and 15 minutes for the Deputy Leader and Deputy Leader of the Opposition.

6.4 In reaching a decision to set the Council Tax, the Council may adopt the

Cabinet’s proposals, amend them, or substitute its own proposals in their place, subject to the certification by the S151 Officer as specified in 6.1 (ix).

6.5 Recorded Votes at Budget Council Meetings

A recorded vote will be required at a meeting of the Council on motions, amendments or substantive motions relating to the approval of the budget or setting of the Council Tax, whereby there shall be recorded in the Minutes the names of the Members who cast a vote for the motion/amendment or against the motion/amendment or who abstained from voting. As this is a mandatory standing order in accordance with The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, it cannot be suspended under Council Procedure Rule 27.1. Such votes will be undertaken in accordance with Procedure Rule 22.4.

6.6 Adjournment

If for any reason the meeting to set the Revenue Budget is adjourned, the Council will take advice from Section 151 Officer as to the date of the reconvened meeting.

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7. EXTRA-ORDINARY MEETINGS 7.1 Calling Extra-Ordinary Meetings.

Those listed below may instruct the Chief Executive to call Council meetings in addition to Ordinary Meetings:

(i) the Council by resolution; (ii) the Mayor; (iii) the Monitoring Officer or Section 151 Officer; (iv) 50% + 1 of the Members of the Council if they have signed a requisition presented to the Mayor and he/she has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition.

Any requisition under 7.1(ii) above may be presented to the Mayor by being left for him/her with the Committee Team Manager.

7.2 The Business to be conducted at Extra-Ordinary Meetings

The Business to be carried out at an Extra-Ordinary meeting shall be restricted to those items referred to in the Summons unless the Mayor decides otherwise.

8. TIME AND PLACE OF MEETINGS

The time and place of all meetings will be determined by the Chief Executive and notified in the Summons.

9. NOTICE OF AND SUMMONS TO MEETINGS

The Chief Executive will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. At least five clear days before a meeting, the Chief Executive will send a Summons signed by him or her by email to every Member of the Council. The Summons will give the date, time and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available.

10. CHAIR OF MEETING

The person presiding at the meeting may exercise any power or duty of the Chair. Where these rules apply to Committee and Sub-Committee meetings, references to the Chair also include the Chair of Committees and Sub-Committees.

11. QUORUM

The quorum for any meeting of full Council will be 16 ( one quarter of the whole number of Members). During any meeting if the Chair counts the number of Members present and declares there is not a quorum present, then the meeting will adjourn immediately. The remaining business will be considered at the next ordinary meeting.

12. DEPUTATIONS 12.1 Deputations may be received at any meeting of the Council, except the Annual

Meeting and the Budget Council Meeting. Any deputation must be sponsored by at least two Members of Council, and give seven clear working days’ notice in

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writing to the Committee Team stating the nature and object of the deputation. The deputation must relate to something for which the Council has powers to address, has a direct interest or for which it has a responsibility but should not relate to the grant of a license or planning permission. The Monitoring Officer will determine whether the deputation falls within this definition.

12.2 No deputation shall be received unless it is introduced by at least two Members

of the Council for a period of up to two minutes each. Two members only of a deputation shall be at liberty to address the Council for a period of 5 minutes in total, except in reply to questions from Members. Members of Council shall be allowed to ask questions of those presenting the deputation for a period of up to 15 minutes.

12.3 Upon every deputation having been heard by the Council and responses to

Questions, the issue shall immediately be referred without discussion to the Chief Executive.

13. PETITIONS 13.1 Petitions with significant levels of support (i.e. 15,000 signatures) may be

debated. The petition organiser will be given three minutes to present the petition at the meeting and the petition will then be discussed by The Council for a maximum of 15 minutes. A maximum of two petitions will be considered at any one Council Meeting.

13.2 Council may decide to:

• take the action the petition requests, • not to take the action requested for reasons put forward in the debate, • to commission further investigation into the matter, for example by a relevant Overview and Scrutiny Committee.

13.3 Where the issue is one on which the Cabinet is required to make the final

decision, the Council will decide whether to make recommendations to inform that decision.

14. MEMBERS’ REPORTS 14.1 At each Ordinary Meeting a:-

(a) Portfolio Holder (or the designated Deputy Portfolio Holder) will submit a written report to Council. The presentation of each report will be limited to five minutes. An additional 15 minutes is then allocated to enable each Cabinet Member to answer any questions and brief comments on both issues contained within the report or wider issues within their Portfolio.

(b) Chair of an Overview and Scrutiny Committee can submit a written report to

Council. The presentation of the report will be limited to five minutes. An additional 15 minutes is then allocated to allow Members questions and brief

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comments on both issues contained within the report or their wider Overview and Scrutiny function.

15. REPORTS TO COUNCIL 15.1 Council will receive written reports requiring consideration from Cabinet,

Committees, including Overview and Scrutiny Committees or Officers. 15.2 Council may receive written reports from Members representing the Council on Joint Committees / Outside Bodies. 15.3 Council may also receive written reports from the Independent

Remuneration Panel, Standards Committee and the Corporate Parenting Committee.

16. QUESTIONS BY MEMBERS 16.1 Questions in respect of constituency / ward casework should not be raised during

question time. 16.2 On Members’ Reports

A Member of the Council may ask the Leader any question or comment without notice on any issue raised in his/her report to Council. A Member of the Council may ask a Cabinet Member or a Chair of an Overview and Scrutiny Committee, any question or comment without notice on any issue raised in his/her report to Council or any issue within the wider remit of their individual Portfolio or Overview and Scrutiny function.

16.3 On reports of the Cabinet or a Committee

A Member of the Council may ask a Member presenting a report to Council, any question without notice in relation to the report referred to Council by Cabinet or a Committee when that item is being received or under consideration by Council.

16.4 Questions on Notice at full Council

(a) Subject to Rule 16.5, a Member of the Council may ask the Leader or a Member of Cabinet a question on any matter in relation to the discharge of his/her role and responsibilities.

(b) Subject to Rule 16.5, a Member may ask the relevant Member nominated

for the particular purpose a question concerning the operations and functions that affects the District of:-

(i) West Yorkshire Police and Crime Panel; (ii) West Yorkshire Fire and Civil Defence Authority; (iii) West Yorkshire Combined Authority; or the Joint Committee (Leeds City Region Business Rates Joint Committee); (iv) West Yorkshire Joint Services Committee or any affiliated company; (v) Yorkshire Purchasing Organisation, or any affiliated company; (vi) Leeds City Region or Partnership Committee;

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(vii) West Yorkshire Pension Fund; (viii) Yorkshire and Humber Joint Health Scrutiny Committee; (ix) South Yorkshire, Derbyshire, Nottinghamshire and Wakefield Joint Health Overview and Scrutiny Committee; (x) West Yorkshire Joint Health Scrutiny Committee; (xi) West Yorkshire Joint Scrutiny Committee; (xii) Other Ad hoc Joint Committees.

16.5 Notice of Questions

A Member may only ask a question under Rule 16.4 if either:

(a) they have given at least seven clear working days’ notice in writing of the question to the Committee Team for inclusion on the Council Summons; or

(b) the question relates to urgent matters, they have the consent of the Mayor

who is satisfied that the matter is urgent and the content of the question is given to the Committee Team by 9.00am on the day of the meeting. The Member should give notice to the person to whom the question is posed by 9.00am on the day of the meeting.

16.6 When a Question may be rejected

The Monitoring Officer may reject a question if, in his/her opinion it:

(a) is defamatory, frivolous or offensive.

(b) could bring the Council into disrepute or have a serious reputational risk.

(c) is of a quasi-judicial nature that is dealt with by a Committee or Sub–Committee of the Council.

16.7 Response

An answer to a question under Rule 16 may take the form of:

(a) a direct oral answer;

(b) where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c) where the reply cannot conveniently be given orally, a written answer circulated to the questioner within 5 days of the meeting and copied to all Members of the Council.

(d) where an oral question has not been commenced during question time, it shall be answered by written answer, wherever possible, within 5 working days of the Council meeting, and copies provided to all Members of Council.

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(e) where a question has been submitted and where reasonably practicable, a written answer will be prepared for all Councillors and distributed at the Council meeting.

16.8 Supplementary Question

No discussion shall be permitted on any such question or answer. A Member who asks a question under Rule 16.4 may ask one supplementary question without notice to the Member to whom the first question was asked. The supplementary question must arise directly out of the original question or the reply.

17. MOTIONS ON NOTICE 17.1 Notice

Except for Motions which can be moved without notice under Rule 18, written notice of every Motion, signed by the Member or Members, must be delivered to the Committee Team not later than 5.00 pm on the Monday of the week preceding Council, being seven clear working days before the date of the meeting. The Monitoring Officer shall not accept any notice of Motion which, by reason of enactment or law or provision in these Rules (other than below), could not be considered at the meeting for which it is given.

17.2 Urgent Motion

The Mayor may accept a Motion to be considered as a matter of urgency (in which case the reason for urgency shall be specified) after taking advice from the Chief Executive.

17.3 Motions set out in agenda

(a) Motions for which notice has been given will be listed on the agenda in the order in which notice was received, unless the Member giving notice states, in writing, that they propose to move it to a later meeting or withdraw it. If a Motion included in the agenda is not moved and seconded it will be treated as withdrawn. (b) Motions shall be debated in the order in which they are printed on the Summons, except that where the subject of a Motion proves to generate increased public interest reflected by a significantly increased attendance by members of the public at a Council meeting, then, with the discretion of the Mayor and the consent of the Council, the order of business may be varied to take the matter in question as an earlier item of business, in accordance with rule 18.1(b).

17.4 Scope

(a) Motions must be about matters for which the Council has a responsibility or which affect the District. (b) The Monitoring Officer may reject a Motion if, in his/her opinion, it:

• is not a matter for which the Local Authority has a responsibility or which affects the District;

• is defamatory, frivolous or offensive;

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• is substantially the same as a Motion which has been put at a meeting of the Council in the past 6 months; or

• requires the disclosure of confidential or exempt information. (c) A Motion shall only be moved by the Member who has signed the notice, or by another Member authorised by that Member and notified to the Monitoring Officer not later than the commencement of the meeting. The Motion needs to be seconded. (d) Where a notice of Motion has been accepted for any meeting of the Council, but is neither moved nor seconded at the meeting, the notice shall lapse.

17.5 Motions which commit the Authority to new or additional expenditure

(a) Members moving a Motion at Council the net effect of which, if accepted, is to commit the Authority to new or additional expenditure or cause loss of income shall before moving such Motion clearly demonstrate that they have taken appropriate advice from the S151 Officer advice on all the following issues:-

(i) whether or not the proposal set out in the Motion is within current budgets;

(ii) what the implications of incurring the expenditure or loss of income would be;

(iii) if not within current budgets how any expenditure or loss of income is to be funded; and

(iv) any change in priorities as a result of the proposal.

(b) The relevant information and consequences of the proposal must be clearly

set out in the Motion together with the fact that, in voting for the Motion, Members will also be voting to amend the previously agreed expenditure or income and/or change in priorities for the services or areas affected.

(c) Failure to include the above commitments to the satisfaction of the Section

151 Officer will result in the Motion being rejected by the Monitoring Officer.

18 MOTIONS WITHOUT NOTICE 18.1 The following Motions may be moved without notice:

(a) in relation to the accuracy of the Minutes; (b) to change the order of business in the agenda; (c) to refer an item of business to an appropriate body or individual; (d) to appoint a Committee or Member arising from an item on the Summons for the meeting; (e) to amend recommendations of Cabinet, Committees or Officers to Council; (f) to withdraw a Motion;

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(g) to suspend a particular Council Procedure Rule; (except the signing of the Minutes under rule 23.1 and the request by a Member that their vote be recorded under rule 22.5 and 22.6). (h) to exclude the public and press in accordance with the Access to Information legislation; (i) to not hear further a Member named under Rule 26.3 or to exclude them from the meeting under Rule 26.4; and (j) after the mover has spoken to his or her Motion, it shall be formally seconded the mover shall have the right of reply.

18.2 At the Budget Council Meeting no amendment to the Motion to set the Council

Tax is to be moved as a Motion without Notice. 19. RULES OF DEBATE

19.1 No Speeches until a Motion is Seconded

No speeches may be made until after the mover has moved a proposal and explained the purpose of it until the Motion has been seconded. In moving a Motion a Member may speak for up to five minutes.

19.2 Right to Require a Motion in Writing

Unless notice of a Motion has already been given, the Mayor may require it to be written down and handed to him/her before it is discussed.

19.3 Seconder’s Speech

When seconding a Motion or amendment, a Member may reserve their speech until later in the debate.

19.4 Content and Length of Speeches

Speeches must be directed to the Motion moved or the amendment moved or to a personal explanation or point of order. No speeches, including the moving and seconding of Motions or amendments, may exceed five minutes without the consent of the Mayor.

19.5 When a Member may Speak Again

A Member who has spoken on a Motion may not speak again whilst it is the subject of debate, except:

(a) to speak once on an amendment moved by another Member;

(b) to move a further amendment if the Motion has been amended since he/she

last spoke;

(c) if his/her first speech was on an amendment moved by another Member, to speak on the main issue (whether or not the amendment on which he/she spoke was carried);

(d) in exercise of a right of reply;

(e) on a point of order; and

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(f) by way of personal explanation.

19.6 Amendments to Motions

(a) Subject to the provisions of rule 18 and rule 6.2, every amendment shall be submitted in writing to the Committee Team (except for an amendment to any Motion not detailed in the Council Summons) by not later than 5.00 pm two days preceding the Council meeting to which it is proposed to be submitted. The Committee Team will circulate the amendments electronically to all Members after 6.00 pm. Each amendment shall be numbered and will be debated in the order in which they are been received.

(b) An amendment to a Motion must be relevant to the Motion and will either be:

(i) to refer the matter to an appropriate body or individual for consideration or reconsideration; (ii) to leave out words; (iii) to leave out words and insert or add others; or (iv) to insert or add words.

as long as the effect of (ii) to (iv) is not to negate the Motion. If the purpose of the proposed amendment is to negate the Motion this should be achieved by Members voting against the Motion proposed.

(c) Only one amendment may be moved and discussed at any one time. No further amendment may be moved until the amendment under discussion has been disposed of.

(d) If an amendment is not carried, other amendments to the original Motion may be Moved, and seconded.

(e) If an amendment is not carried, the Mayor will then proceed to allow debate on the Motion as it was originally submitted. After the Mayor considers that there has been sufficient debate, the Motion will be put to the vote.

(f) If an amendment is carried, the Motion as amended takes the place of the original Motion. This becomes the Substantive Motion to which any further amendments are moved.

(f) After an amendment has been carried, the Mayor will read out the amended Motion

before accepting any further amendments. The mover of the Original Motion having had the right to speak before the vote on the amendment was taken.

19.7 Alteration of Motion

(a) A Member may alter a Motion of which he/she has given notice with the consent of the Mayor.

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(b) A Member may alter a Motion which he/she has moved without notice with the consent of both the Mayor and the seconder.

(c) Only alterations which could be made as an amendment may be made.

19.8 Withdrawal of Motion

A Member may withdraw his or her Motion. No Member may speak on the Motion after the mover has asked permission to withdraw it.

19.9 Right of Reply

(a) The mover of a Motion has a right to reply at the end of the debate on the Motion, immediately before it is put to the vote.

(b) If any amendment is moved, the mover of the original Motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it.

(c) The mover of the amendment has no right of reply to the debate on his or her amendment.

(d) In exercising a right of reply no new matter shall be introduced.

19.10 Motions which may be moved during debate

When a Motion is under debate, no other Motion may be moved except the following procedural Motions:

(a) to withdraw a Motion, or amendment; (b) to exclude the public and press in accordance with the Access to Information Rules; and (c) to not hear further a Member named under Rule 26.3 or to exclude them from the meeting under Rule 26.4. (d) to extend the time limit for speeches (rule 19.4) (e) that the meeting continue beyond the maximum duration (Rule 5.3). (f) to adjourn a debate; or (g) to adjourn a meeting.

19.11 Closure Motions

(a) A Member who has not spoken in the debate may move, without comment, the following Motions at the end of a speech of another Member:

(i) to proceed to the next business; (ii) that the question be now put;

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(iii) to adjourn a debate; or (iv) to adjourn a meeting.

(b) If a Closure Motion is seconded, the Mayor will put the procedural Motion to the vote immediately. Should the Closure Motion be carried, The Mayor will allow the mover of the Original Motion a right of reply before putting the substantive matter to the vote.

(c) If a majority of Members vote in favour of adjourning the meeting, the remaining business of the day shall stand adjourned, to a time fixed by the Mayor at the time the meeting adjourns, or if he or she does not fix a time, to the next ordinary meeting of the Council.

19.12 Point of Order

A Member may raise a point of order at any time. The Mayor will hear them immediately. A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law. The Member must indicate the rule or law and the way in which he/she considers it has been broken. The ruling of the Mayor on the matter will be final.

19.13 Personal explanation

A Member may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the Member, which may appear to have been misunderstood in the present debate. The ruling of the Mayor on the admissibility of a personal explanation will be final.

19.14 Speakers at Council meeting

The Mayor may propose that a person who is not an elected Member may address Council on a particular matter. In making the Motion to allow that person to speak, the Mayor will make it clear as to the matter to be discussed, ensuring it is a matter for which the Council has responsibility.

20. OVERVIEW AND SCRUTINY 20.1 The Overview and Scrutiny Committee Annual Report outlining the progress

made on its Work Programme for the previous Municipal Year will be presented to Council.

20.2 At the conclusion of the presentation, questions can be asked on both issues

raised within the report or the wider Overview and Scrutiny function. 21. PREVIOUS DECISIONS AND MOTIONS 21.1 Motion to Rescind a Previous Decision

A Motion or amendment to rescind a decision made at a meeting of Council within the past six months cannot be moved unless the notice of Motion is signed by at least 50% + 1 of the Members of Council and submitted to Committee

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Team not later than seven clear working days before the date of the meeting. (Members are reminded that they may need to take advice from the s151 Officer and the Monitoring Officer on the consequences of rescinding a decision already made).

21.2 Motion Similar to One Previously Rejected

A Motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of Motion or amendment is signed by at least 50% + 1 of the Members of Council and submitted to the Committee Team not later than seven clear working days before the date of the meeting. (Members are reminded that they may need to take advice from the s151 Officer and the Monitoring Officer on the consequences of rescinding a decision already made.)

22. VOTING 22.1 Majority

Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those Members voting and present in the room at the time the question was put.

22.2 Mayor’s Casting Vote

If there are equal numbers of votes for and against, the Mayor will have a second or casting vote. There will be no restriction on how the Mayor chooses to exercise a casting vote.

22.3 Show of Hands

Unless a Recorded Vote is demanded under Rule 22.4 or is required under Rule 22.5, the Mayor will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.

22.4 Recorded Vote

If five Members present at the meeting demand it, the names for and against the Motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes.

22.5 Recorded Votes at Budget Council Meetings

In relation to any debate at a Budget Council Meeting on the authority’s budget and level of the Council Tax to be levied for each financial year, a recorded vote shall take place on any amendment that is put to the vote during that debate and on the substantive motion. Such votes to be undertaken in accordance with Procedure Rule 22.4.

22.6 Right to require individual vote to be Recorded

Where any Member requests it immediately after the vote is taken, their vote will be so recorded in the Minutes to show whether they voted for or against the Motion or abstained from voting.

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22.7 Voting on Appointments If there are more than two people nominated for any position to be filled, the Mayor will call a vote, at which time each Member will have only one vote. If there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.

23. MINUTES 23.1 Signing the Minutes

The Mayor will sign the Minutes of the proceedings at the next suitable meeting, except for Budget Council. The Mayor will move that the Minutes of the previous meeting be signed as a correct record. The only part of the Minutes that can be discussed is their accuracy.

23.2 No requirement to sign Minutes of previous meeting at Extra-Ordinary

Meeting Where in relation to any meeting, the next meeting for the purpose of signing the Minutes is a meeting called under paragraph 3 of schedule 12 to the Local Government Act 1972 (an extraordinary Meeting), then the next following meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of schedule 12 relating to signing of Minutes.

23.3 Form of Minutes

Minutes will contain all Motions and amendments in the exact form and order the Mayor put them.

24. RECORD OF ATTENDANCE

All Members present during the whole or part of a meeting must sign their names on the attendance sheets before the conclusion of every meeting to assist with the record of attendance.

25. EXCLUSION OF PUBLIC

Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 29 (Disturbance by Public).

26. MEMBERS’ CONDUCT 26.1 Standing to Speak

When a Member speaks at full Council they must stand and address the meeting through the Mayor. If more than one Member stands, the Mayor will ask one to speak and the others must sit. Other Members must remain seated whilst a Member is speaking unless they wish to make a point of order or a point of personal explanation.

26.2 Mayor Standing

When the Mayor stands during a debate, any Member speaking at the time must stop and sit down. The meeting must be silent.

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26.3 Member not to be heard further

If a Member persistently disregards the ruling of the Mayor by behaving improperly or offensively or deliberately obstructs business, the Mayor may move that the Member be not heard further. If seconded, the Motion will be voted on without discussion.

26.4 Member to Leave the Meeting

If the Member continues to behave improperly after such a Motion is carried, the Mayor may move that either the Member leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the Motion will be voted on without discussion.

26.5 General Disturbance

If there is a general disturbance making orderly business impossible, the Mayor may adjourn the meeting for as long as he/she thinks necessary.

26.6 Apologies

As a courtesy to the Mayor and other Council colleagues, Members should, wherever possible, submit apologies for non-attendance to the Mayor in advance of the meeting.

26.7 Member to Leave the Council Meeting Early

As a courtesy to the Mayor and other Council colleagues, Members who intend to leave the Council meeting early should inform the Mayor prior to the meeting. The Mayor will then inform Council of those Members who intend to leave before the end of the meeting, when reading out apologies for absence.

27. SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES 27.1 Suspension

All of these Council Rules of Procedure except Rules 18.2, 19.5 and 22.5 may be suspended by Motion on notice or without notice if at least one half of the whole number of Members of the Council are present. Suspension can only be for the duration of the meeting.

27.2 Amendment

Any Motion to add to, vary or revoke these Council Rules of Procedure will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.

28. USE OF MOBILE PHONES AND OTHER EQUIPMENT 28.1 The filming and recording of the public sessions of any Council, Cabinet,

Committee or Panel meetings through any audio, visual or written methods will be allowed, providing this does not disturb the conduct of the meeting.

28.2 The Chair of the relevant meeting will have the power to withdraw this permission

should it prove necessary due to the nature of the meeting or if the conduct of the

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meeting is disturbed, for example through flash photography, intrusive camera or lighting equipment or the behaviour of the person filming the meeting.

28.3 All those visually recording a meeting are requested to only focus on recording

Councillors, Officers and the public directly involved in the conduct of the meeting.

28.4 Any mobile phone or other electronic communications device taken to a meeting

should not be used in such a way as to interfere with the proceedings during the meeting.

29. DISTURBANCE BY PUBLIC 29.1 Removal of Member of the Public

If a member of the public interrupts proceedings, the Mayor will warn the person concerned. If they continue to interrupt, the Mayor will order their removal from the meeting room.

29.2 Clearance of Part of Meeting Room

If there is a general disturbance in any part of the meeting room open to the public, the Mayor may call for that part to be cleared or may adjourn the meeting for as long as he/she considers necessary.

30. APPLICATION TO COMMITTEES AND SUB-COMMITTEES

All of the Council Rules of Procedure apply to meetings of full Council. None of the rules apply to meetings of the Cabinet. Only Rules 8 to 11, 16 to 19, 21 to 29 (but not rule 26.1) apply to meetings of Committees and Sub-Committees.

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Access to Information Procedure Rules 1. SCOPE 1.1 These rules apply to all meetings of the Council, Overview and Scrutiny

Committees, Committees and Sub-Committees and public meetings of the Cabinet (together called meetings) and certain decisions by Officers.

1.2 In these rules a reference to a number of clear days excludes any day on which County Hall, Wakefield, is not open to the public and excludes the days on which the action is done and the day of the meeting in question.

1.3 The Council is also governed by the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 as amended and the Openness of Local Government Bodies Regulations 2014.

2. ADDITIONAL RIGHTS TO INFORMATION These rules do not affect any more specific rights to information contained

elsewhere in this Constitution or the law. 3. RIGHTS TO ATTEND MEETINGS Members of the public may attend all meetings subject only to the exceptions in

these rules. 4. NOTICES OF MEETING The Council will give at least five clear days’ notice of any meeting by posting

details of the meeting at the County Hall, Bond Street, Wakefield. 5. ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING The Council will normally make copies of the agenda and reports open to the

public available for inspection at the designated office at least five clear days before the meeting and on the Councils website. If an item is added to the agenda later, the designated Officer shall make each such report available to the public as soon as the item is added to the agenda will be open to inspection from the time the item was added to the agenda.

6. ITEMS IN PRIVATE Whilst the majority of Council, Cabinet and Committee meetings will be open to

the public to attend there may be occasions when exempt or confidential information is to be considered. In such circumstances the press and public will be asked to leave subject to any statutory notice of such a decision and the required resolution.

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6. SUPPLY OF COPIES The Council will supply copies of: (a) any agenda and reports which are open to public inspection; (b) any further statements or particulars necessary to indicate the nature of the

items in the agenda; and (c) if the Chief Executive thinks fit, copies of any other documents supplied to

Councillors in connection with an item (d) to any person on payment of a charge for postage and any other costs. 7. ACCESS TO MINUTES ETC AFTER THE MEETING / DECISION TAKEN

The Council will make available copies of the following for six years after a meeting:

(a) the minutes of the meeting or records of decisions taken, together with

reasons, for all meetings of the Cabinet, excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information;

(b) a summary of any proceedings not open to the public where the minutes

open to inspection would not provide a reasonably fair and coherent record; (c) the agenda for the meeting; and (d) reports relating to items when the meeting was open to the public.

(e) delegated decision notices.

There are special provisions which apply when urgent matters arise. 8. BACKGROUND PAPERS 8.1 List of background papers Set out in every report will be a list of those documents (called background

papers) relating to the subject matter of the report which: (a) disclose any facts or matters on which the report or an important part of the

report is materially based; and (b) which have been relied on to a material extent in preparing the report but does not include published works or those which disclose exempt or

confidential information (as defined in Rule 10) and in respect of Cabinet reports, the advice of a political advisor.

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8.2 Public inspection of background papers The Council will make available for public inspection for four years after the date

of the meeting one copy of each of the documents on the list of background papers.

9. Delegated Decisions

The Council will make available details of delegated decisions for six years after a decision is taken.

10. SUMMARY OF PUBLIC’S RIGHTS A written summary of the public’s rights to attend meetings and to inspect and

copy documents must be kept at and available to the public at the County Hall, Bond Street, Wakefield.

11. EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS 11.1 Items to be considered in Private If the Cabinet is to hold a meeting in private and this means a meeting or part of a meeting during which the public are excluded, then at least 28 clear days before the private meeting it must: (a) make available at the Council offices a notice of intention to hold the meeting in private; and (b) publish that notice on the Council’s website. The notice must include a statement of reasons for the meeting to be held in private. Following that, at least 5 clear days before a private meeting, the Council must: (a) make available at its offices a further notice of its intention to hold the meeting in private; and (b) publish that notice on the Council’s website.

The notice must include a statement of the reasons for the meeting to be held in private, details of any representations received about why the meeting should be open to the public and a statement of the Council’s response to any such representation.

11.2 Urgent Private Meeting of the Executive Where the date by which a private meeting must be held makes compliance with Rule 11.1 impracticable, the meeting may only be held in private where the Executive has agreement from:- (a) the Chair of the relevant Overview and Scrutiny Committee; or (b) if he/she is unable to act, the Mayor; or (c) where the relevant Overview and Scrutiny Chair or Mayor are unavailable, the Deputy Mayor

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As soon as reasonably practicable after the Cabinet has obtained agreement to hold an urgent private meeting it must make available at the Council offices a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred and publish that notice on the Council’s website. 11.3 Confidential information - requirement to exclude public The public must be excluded from meetings whenever it is likely in view of the

nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed.

11.4 Exempt information - discretion to exclude public The public may be excluded from meetings whenever it is likely in view of the

nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed. Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of schedule 1 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.

11.5 Meaning of confidential information Confidential information is defined as:-

(i) information provided to the local authority by a government department on terms (however expressed) which forbid the disclosure of the information to the public; or

(ii) information the disclosure of which to the public is prohibited by or under any

enactment or by the order of a court,

and in either case, a reference to the obligation of confidence is to be constructed accordingly.

11.6 Meaning of Exempt Information Exempt information means information falling within the following 7 categories

(subject to any condition):-

Category Condition

1. Information relating to any individual.

2. Information which is likely to reveal the identity of an individual.

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3. Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Information is not exempt information if it is required to be registered under:-

(a) The Companies Act 1985;

(b) the Friendly Societies Act 1974;

(c) the Friendly Societies Act 1992;

(d) the Industrial and Provident Societies Act 1965 to 1978;

(e) the Building Societies Act 1986; or

(f) the Charities Act 1993.

4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the Authority or a Minister of the Crown and employees of, or office holders under, the Authority.

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

6. Information which reveals that the Authority proposes:-

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment.

7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

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Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992.

Information which falls within any of paragraphs 1 to 7 above is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information (The “Public Interest Test”).

12. EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS

If the Chief Executive thinks fit, the Council may exclude access by the public to reports which in his or her opinion relate to items during which, in accordance with Rule 11, the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed.

13. APPLICATION OF RULES TO THE CABINET 13.1 Rules 14 - 22 apply to the Cabinet. If the Cabinet meets to take a key decision

then it must also comply with Rules 1 - 12 unless Rule 16 (General Exception) or Rule 17 (Special Urgency) apply. A key decision means an executive decision as defined in Article 13 (Decision Making) of Part 2 of this Constitution.

13.2 If the Cabinet meet to discuss a key decision to be taken collectively, with an

Officer other than a political assistant present, within 28 days of the date according to the Forward Plan by which it is to be decided, then it must also comply with Rules 1 - 12 unless Rule 16 (general exception) or Rule 17 (special urgency) apply. This requirement does not include meetings, whose sole purpose is for Officers to brief Members.

14. PROCEDURE BEFORE TAKING KEY DECISIONS Subject to Rule 16 (general exception) and Rule 17 (special urgency), a key

decision may not be taken unless: (a) a notice (called here a Forward Plan) has been published in connection with

the matter in question; (b) at least five clear days have elapsed since the publication of the Forward

Plan; and (c) where the decision is to be taken at a meeting of the Cabinet, notice of the

meeting has been given in accordance with Rule 4 (notice of meetings). 15. THE FORWARD PLAN 15.1 Period of Forward Plan Forward Plans will be prepared to cover a period of four months, beginning with

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the first day of any month. They will be prepared on a monthly basis and subsequent plans will cover a period beginning with the first day of the second month covered in the preceding plan.

15.2 Contents of Forward Plan The Forward Plan will contain matters which there are reason to believe will be

subject of a key decision to be taken by the Cabinet, Officers, or under joint arrangements in the course of the discharge of an executive function during the period covered by the plan. It will describe the following particulars in so far as the information is available or might reasonably be obtained:

(a) the matter in respect of which a decision is to be made; (b) where the decision taker is an individual, his/her name and title, if any, and

where the decision taker is a body, its name and details of membership; (c) the date on which, or the period within which, the decision will be taken; (d) the identity of the principal groups whom the decision taker proposes to

consult before taking the decision; (e) the means by which any such consultation is proposed to be undertaken; (f) the steps any person might take who wishes to make representations to the

Cabinet or decision taker about the matter in respect of which the decision is to be made, and the date by which those steps must be taken; and

(g) a list of the documents submitted to the decision taker for consideration in

relation to the matter. The Forward Plan shall be published at least 14 days before the start of the

period covered. (a) that each plan will be available for inspection at reasonable hours free of

charge at the County Hall, Wakefield; (b) the dates on each month in the following year on which each Forward Plan

will be published and available to the public at the Council’s offices. Exempt information need not be included in a Forward Plan and confidential

information cannot be included. 16. GENERAL EXCEPTION If a matter which is likely to be a key decision has not been included in the

Forward Plan, then subject to Rule 17 (special urgency), the decision may still be taken if:

(a) the decision must be taken by such a date that it is impracticable to defer

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the decision until it has been included in the next Forward Plan and until the start of the first month to which the next Forward Plan relates;

(b) the Chief Executive has informed the Chair of a relevant Overview and

Scrutiny Committee, or if there is no such person, each Member of that Committee in writing, by notice, of the matter to which the decision is to be made;

(c) the Chief Executive has made copies of that notice available to the public at

the offices of the Council; and (d) at least five clear days have elapsed since the Chief Executive complied

with (a) and (b). Where such a decision is taken collectively, it must be taken in public. 17. SPECIAL URGENCY If by virtue of the date by which a decision must be taken Rule 16 (general

exception) cannot be followed, then the decision can only be taken if the decision taker (if an individual) or the Chair of the body making the decision, obtains the agreement of the Chair of a relevant Overview and Scrutiny Committee that the taking of the decision cannot be reasonably deferred. If there is no Chair of a relevant Overview and Scrutiny Committee, or if the Chair of each relevant Overview and Scrutiny Committee is unable to act, then the agreement of the Mayor, or in his/her absence the Deputy Mayor will suffice.

18. REPORT TO COUNCIL 18.1 When an Overview and Scrutiny Committee can require a report If an Overview and Scrutiny Committee thinks that a key decision has been taken

which was not: (a) included in the Forward Plan; or (b) the subject of the general exception procedure in rule 16; or (c) the subject of an agreement with a relevant Overview and Scrutiny

Committee Chair, or the Mayor/Deputy Mayor of the Council under Rule 17; The Committee may require the Cabinet to submit a report to the Council within

such reasonable time as the Committee specifies. The power to require a report rests with the Committee, but is also delegated to the Chief Executive, who shall require such a report on behalf of the Committee when so requested by the Chair or any five Members of that Committee. Alternatively, the requirement may be raised by resolution passed at a meeting of the relevant Overview and Scrutiny Committee.

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18.2 Cabinet’s Report to Council on Urgent Matters The Cabinet will prepare a report for submission to the next available meeting of

the Council. However, if the next meeting of the Council is within 7 days of receipt of the written notice, or the resolution of the Committee, then the report may be submitted to the meeting after that. The report to Council will set out particulars of the decision, the individual or body making the decision, and if the Leader is of the opinion that it was not a key decision the reasons for that opinion.

19. RECORD OF DECISIONS After any meeting of the Council, Cabinet, or Committee, or when a delegated

decision is taken, the Chief Executive will produce a record of each decision taken at that meeting as soon as practicable. The record will include a statement of the reasons for each decision and any alternative options considered and rejected at that meeting.

20. CABINET MEETINGS RELATING TO MATTERS THAT ARE NOT KEY

DECISIONS

Cabinet meetings relating to matters that are not key decisions will be held in public.

21. DECISIONS BY INDIVIDUAL MEMBERS OF THE EXECUTIVE 21.1 Reports intended to be taken into account Where an individual member of the Cabinet receives a report which he/she

intends to take into account in making any key decision, the report will include alternative options considered and rejected in accordance with the requirements of Article 13. The report will include advice from the Monitoring Officer and Section 151 Officer and such other officers as appropriate. The decision cannot be implemented until at least five clear working days have elapsed to allow for the scrutiny process to be considered.

21.2 Provisions of copies of reports to Overview and Scrutiny Committees On giving of such a report to a member of the Cabinet, the person who prepared

the report will give a copy of it to the Chair of every relevant Overview and Scrutiny Committee as soon as reasonably practicable and make it publicly available at the same time.

21.3 Record of individual Member Decision As soon as reasonably practicable after an executive decision has been taken by

an individual member of the Cabinet, the Chief Executive will prepare, or instruct the proper officer to prepare, a record of the decision, a statement of the reasons for it and any alternative options considered and rejected. The provisions of Rules 7 and 8 (inspection of documents after meetings) will also apply to the making of decisions by individual members of the executive. This does not require the disclosure of exempt or confidential information or advice from a political assistant. Such decisions are subject to the Call In provisions set out in the Overview and Scrutiny Procedure Rules.

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22. RECORD OF INDIVIDUAL OFFICER DECISION As soon as reasonably practicable after an Officer Delegated Decision has been

taken, the Chief Executive will prepare, or instruct the proper officer to prepare, a record of the decision, a statement of the reasons for it and any alternative options considered and rejected in accordance with the relevant regulations. The provisions of Rules 7 and 8 (inspection of documents after meetings) will also apply to the making of delegated decisions by Officers. This does not require the disclosure of exempt or confidential information. Such decisions are not subject to the Call In provisions.

23. OVERVIEW AND SCRUTINY COMMITTEES ACCESS TO DOCUMENTS 23.1 Rights to copies Subject to Rule 23.2 below, an Overview and Scrutiny Committee will be entitled

to copies of any document which is in the possession or control of the Cabinet and which contains material relating to any business transacted at a meeting of the Cabinet.

23.2 Limit on rights An Overview and Scrutiny Committee will not be entitled to: (a) any document that is in draft form; (b) any part of a document that contains exempt or confidential information,

unless that information is relevant to an action or decision they are reviewing or scrutinising or intend to scrutinise; or

(c) the advice of a political assistant. 23.3 The decision as to who is entitled to any Committee document is the responsibility of the Monitoring Officer. 24. ADDITIONAL RIGHTS OF ACCESS FOR MEMBERS 24.1 Material relating to key decisions All Members of the Council will be entitled to inspect any document (except those

available only in draft form) in the possession or under the control of the Cabinet which relates to any key decision unless;

(a) it contains exempt information falling within paragraphs 1, 2, 4, 5 and 7 of

the categories of exempt information; or (b) it contains the advice of a political adviser. 24.2 The decision as to who is entitled to any Committee document is the responsibility of the Monitoring Officer. 24.3 Nature of rights These rights of a Member are additional to any other right he/she may have.

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Budget and Policy Framework Procedure Rules 1. The framework for Cabinet decisions The Council will be responsible for the adoption of its Budget and Policy

Framework as set out in Article 4. Once a Budget or a Policy F ramework is in place, it will be the responsibility of the Leader and Cabinet to implement it.

2. Process for developing the Framework 2.1 A timetable for making proposals to the Council for the adoption of any plan,

strategy or budget that forms part of the Budget and Policy Framework, and arrangements for consultation after publication of those draft initial proposals will be published by inclusion in the Forward Plan or other publicly available document at County Hall, Wakefield. The Chairs of Overview and Scrutiny Committees will also be notified. The consultation period shall in each instance be not less than 4 weeks, unless the requirements of any statutory or government timetable or deadline makes this impracticable.

2.2 At the end of that period, the Leader and Cabinet will consider making a

recommendation to the full Council to approve proposals having regard to the responses to that consultation. If a relevant Overview and Scrutiny Committee wishes to respond to the Leader and Cabinet in that consultation process then it may do so. As the Overview and Scrutiny Committees have responsibility for fixing their own work programme, it is open to the Overview and Scrutiny Committee to investigate, research or report in detail with policy recommendations before the end of the consultation period. The Leader and Cabinet will take any response from an Overview and Scrutiny Committee into account in drawing up proposals for submission to the Council, and its report to Council will reflect the comments made by consultees and the Leader and Cabinet’s response.

2.3 Once the Leader and Cabinet have approved the proposals, the Chief Executive

will refer them at the earliest opportunity to the Council for decision.

2.4 In approving the Budget and Policy Framework, the Council will also specify the extent of virement within the Budget and degree of in-year changes to the Policy Framework which may be undertaken by the Leader and Cabinet if no specific changes are approved then they shall be dealt with, in accordance with paragraphs 5 and 6 of these Rules (virement and in-year adjustments). Any other changes to the Policy and Budgetary Framework are reserved to the Council.

3. Decisions outside the Budget or Policy Framework 3.1 Subject to the provisions of paragraph 5 (virement) the Leader, Cabinet, Officers

or joint arrangements discharging executive functions may only take decisions which are in line with the budget and policy framework. If any of these bodies or persons wishes to make a decision which is contrary to the Policy Framework, or

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contrary to or not wholly in accordance with the Budget approved by full Council, then that decision may only be taken by the Council, subject to 4 below.

3.2 If the Leader, Cabinet, Officers or joint arrangements discharging executive

functions want to make such a decision, they shall take advice from the Monitoring Officer and/or the Section 151 Officer as to whether the decision they want to make would be contrary to the policy framework, or contrary to or not wholly in accordance with the Budget. If the advice of either of those Officers is that the decision would not be in line with the existing Budget and/or Policy Framework, then the decision must be referred by that body or person to the Council for decision, unless the decision is a matter of urgency, in which case the provisions in paragraph 4 (urgent decisions outside the Budget and Policy Framework) shall apply.

4. Urgent decisions outside the Budget or Policy Framework 4.1 The Leader, Cabinet, Officers or joint arrangements discharging executive

functions may take a decision which is contrary to the Council’s Policy Framework or contrary to or not wholly in accordance with the Budget approved by full Council if the decision is a matter of urgency. However, the decision may only be taken after taking reasonable steps to seek advice from the Monitoring Officer and/or the S.151 Officer, and:

(a) if it is not practical to convene a quorate meeting of the full Council; and (b) if the Chair of a relevant Overview and Scrutiny Committee has been

consulted on the decision as a matter of urgency. The reasons why it is not practical to convene a quorate meeting of full Council

and the consultation with the Chair of the relevant Overview and Scrutiny Committee must be noted on the record of the decision. In the absence of the Chair of a relevant Overview and Scrutiny Committee, the consent of the Mayor and, in the absence of both, the Deputy Mayor, will be sufficient.

4.2 Following the decision, the decision taker will provide a full report to the next

available Council meeting explaining the decision, the reasons for it, the advice of the Monitoring Officer and S.151 Officer, and why the decision was treated as a matter of urgency.

5. Virement 5.1 The Council has a cash limit for each of its General Fund Services. The Rules

relating to virement between and within Service budgets are contained in the Council’s Financial Procedure Rules.

6. In-year changes to Policy Framework The responsibility for agreeing the Budget and Policy Framework lies with the

Council and decisions by the Leader, Cabinet, Officers or joint arrangements discharging executive functions must be in line with it. No changes to any policy

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and strategy which make up the policy framework may be made by those bodies or individuals except those changes:

(a) which will result in the closure or discontinuance of a service or part of

service to meet a budgetary constraint; (b) necessary to ensure compliance with the law, ministerial direction or

government guidance; (c) in relation to the Policy Framework in respect of a policy which would

normally be agreed annually by the Council following consultation, but where the existing policy document is silent on the matter under consideration.

(d) which relate to policy in relation to schools, where the majority of school

governing bodies agree with the proposed change. (e) authorised by the Council’s Financial Procedure Rules (f) where when approving policy, the Council gave specific authority to the

Cabinet or a Corporate Director to make in year changes. 7. Call-in of decisions outside the Budget or Policy Framework 7.1 Where an Overview and Scrutiny Committee is of the opinion that a Leader

decision or Cabinet decision is, or if made would be, contrary to the Policy Framework, or contrary to or not wholly in accordance with the Council’s Budget, then it shall seek advice from the Monitoring Officer and/or S.151 Officer and Chief Executive.

7.2 In respect of functions which are the responsibility of the Leader, the Cabinet, the

Monitoring Officer’s report and/or S.151 Officer’s report shall be to the Leader and the Cabinet with a copy to every Member of the Council. Regardless of whether the decision is delegated or not, the Leader and Cabinet must meet to decide what action to take in respect of the Monitoring Officer’s report and to prepare a report to Council in the event that the Monitoring Officer or the S.151 Officer conclude that the decision was a departure, and to the Overview and Scrutiny Committee if the Chief Executive, Monitoring Officer or the S.151 Officer conclude that the decision was not a departure.

7.3 If the decision has yet to be made, or has been made but not yet implemented,

and the advice from the Chief Executive and/or Monitoring Officer and/or the S.151 Officer is that the decision is or would be contrary to the Policy Framework or contrary to or not wholly in accordance with the Budget, the Overview and Scrutiny Committee may refer the matter to Council. In such cases, no further action will be taken in respect of the decision or its implementation until the Council has met and considered the matter. If the matter cannot await the next ordinary meeting of the Council, the Council shall meet within ten working days of the request by the Overview and Scrutiny Committee. At the meeting it will receive a report of the decision or proposals and the advice of the Chief

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Executive and/or Monitoring Officer and/or the S.151 Officer. The Council may either:

(a) endorse a decision or proposal of the Cabinet decision taker as falling within

the existing Budget and Policy Framework. In this case no further action is required, save that the decision of the Council be minuted and circulated to all Councillors in the normal way; or

(b) amend the Council’s Financial Procedure Rules or policy concerned to

encompass the decision or proposal of the body or individual responsible for that executive function and agree to the decision with immediate effect. In this case, no further action is required save that the decision of the Council be minuted and circulated to all Councillors in the normal way; or

(c) where the Council accepts that the decision or proposal is contrary to the

Policy Framework or contrary to or not wholly in accordance with the Budget, and does not amend the existing framework to accommodate it, require the Leader and Cabinet to reconsider the matter in accordance with the advice of either the Chief Executive / Monitoring Officer / S.151 Officer.

8. Draft Plans and Strategies 8.1 In Rule 8, Cabinet and Leader have the same meaning as in Part II of the Local

Government Act 2000; and plan or strategy and working day have the same meaning as in the Local Authorities (Standing Orders) (England) Regulations 2001, as amended.

8.2 Where the Cabinet has submitted a draft plan or strategy to the Council for its

consideration and, following consideration of that draft plan or strategy, the Council has any objections to it, the Council must, before taking any further decision in relation to it, inform the Leader of those objections and must give to him instructions requiring the Cabinet to reconsider, in the light of those objections, the draft plan or strategy submitted within no less than 5 working days after the date the Leader receives the information and those instructions.

8.3 Within that period, the Leader may:-

(a) submit to Council a revision of the draft plan or strategy as amended by the Cabinet, with the Cabinet's reasons for any amendments; or

(b) inform the Council of any disagreement that the Cabinet has with any of

Council's objections and the Cabinet’s reasons for any such disagreement.

8.4. When that period has expired, the Council must, when making any further

decision relating to the relevant plan or strategy, take into account any amendments made to the draft plan or strategy that are included in any revised draft plan or strategy, the Cabinet’s reasons for those amendments, any disagreement that the Cabinet has with any of the Council's objections and the Cabinet's reasons for that disagreement, which the Leader submitted to the

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Council or informed the Council of within the period specified.

8.5 Where an amendment to a draft plan or strategy has been moved under Council Procedure Rules, the Leader may at any time, indicate on behalf of the Cabinet that he/she accepts the amendment. In these circumstances the proposed amendment will be regarded as incorporated in the draft strategy before Council and not as an objection to it.

8.6 Subject to rule 8.11, where before 8th February in any financial year, the Cabinet

submits to the Council for its consideration a revenue budget in relation to the following financial year and following consideration of that budget, the Council has any objections to it, it must, before taking any further decision on that budget, inform the Leader of those objections and must require the Cabinet to reconsider the revenue budget, within no less than 5 working days after the date the Leader receives that information and those instructions.

8.7 Within that period, the Leader may:-

(a) submit to Council a revision of the revenue budget as amended by the Cabinet, with the Cabinet's reasons for any amendments; or

(b) inform the Council of any disagreement that the Cabinet has with any of

Council's objections and the Cabinet’s reasons for any such disagreement.

8.8 When that period has expired, the Council must, when making any further

decision relating to the revenue budget, take into account any amendments made to it that are included in any revised revenue budget, the Cabinet’s reasons for those amendments, any disagreement that the Cabinet has with any of the Council's objections and the Cabinet's reasons for that disagreement, which the Leader submitted to the Council or informed the Council of within the period specified.

8.9 Where an amendment to a revenue budget has been submitted under Council

Procedure Rules, the Leader may at any time, indicate on behalf of the Cabinet that he/she accepts the amendment. In these circumstances the amendment will be regarded as incorporated in the revenue budget before Council and not (for the purposes of rule 8.7 and 8.8) as an objection to it.

8.10 Rules 8.7 and 8.8 shall not apply in relation to calculations or substitute calculations which the Council is required to make in accordance with Sections 52(I), 52 (J), 52 (T) or 52 (U) of the Local Government Finance Act 1992 (provisions relating to Council Tax capping).

8.11 Where a revenue budget is submitted to the Council by Cabinet on or after 8th February in any financial year, the procedure rules 8.7 and 8.8 will not apply.

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Cabinet Procedure Rules 1. HOW DO THE LEADER AND CABINET OPERATE? 1.1 Who may make Leader and Cabinet decisions? The arrangements for the discharge of executive functions are set out in the

Cabinet arrangements adopted by the Council at Schedule 1 of Part 2 of the Constitution. They provide for executive functions to be discharged by:

(a) the Leader and Cabinet; (b) Officers; (c) Joint Arrangements; (d) another Local Authority; (e) a Committee of the Cabinet 1.2 Sub-delegation of executive functions (a) Where the Leader is responsible for an executive function, he/she may

delegate further to include joint arrangements, to Cabinet, to individual Cabinet Members, an Officer or a Committee of the Cabinet.

(b) Even where executive functions have been delegated, that fact does not

prevent the discharge of delegated functions by the person or body who delegated those functions if the person or body there chooses.

1.3 The Council’s scheme of delegation and executive functions The Council’s scheme of delegation is subject to adoption by the Council and

may only be amended by the Council except as allowed by Article 7.9 (b). It contains the details required in Article 7 and set out in Part 3 of this Constitution.

1.4 Leader Scheme of Delegation

At the Annual Meeting of the Council, the Leader will present a written record of delegations made by him/her in relation to executive functions, for inclusion in the Council’s scheme of delegation. The document presented by the Leader must contain the following information in relation to the ensuing Municipal Year:-

(a) The names of the Councillors appointed to the Cabinet by the Leader; (b) The nature and extent of the authority delegated to the Cabinet acting collectively as a whole, including details of any limitation on the delegated authority; (c) The nature and extent of the authority delegated to committees of the Cabinet, including the constitution and terms of reference of any such committees appointed, and the names of the Cabinet members who are to serve on them, and details of any limitation on their delegated authority; (d) The nature and extent of any authority delegated to individual members of the Cabinet, including the names of the people to whom such

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power has been delegated and details of any limitation on the delegated authority; (e) The nature and extent of any authority delegated to area committees, joint committees or other authorities including the post to whom power has been delegated, its composition (where appropriate) and details of any limitation on the delegated authority.

(f) The nature and extent of any authority delegated to individual officers, including the post to whom such power has been delegated and details of any limitation on the delegated authority. This will be incorporated into the Officer Delegation Scheme.

1.5 The Council’s scheme of delegation and executive functions

(a) The Council’s scheme of delegation is appended to the Constitution at Part 3. It contains the details set out in Article 12 and may be amended from time to time. This includes details of the Leader’s scheme of delegation.

(b) During the year, amendments to the Leader’s scheme of delegation may be made as follows:-

• The Leader may amend the Leader’s scheme of delegation of executive functions at any time during the year. To do so the Leader must give written notice (five clear working days) to the Chief Executive and report those changes to the next ordinary Council meeting. When the Leader seeks to amend or withdraw delegation to a committee, he/she must give notice to all members of that committee. • The notice to the Chief Executive will set out the extent of the proposed amendment to the scheme of delegation and whether it entails the withdrawal of delegation from any person, body, committee of the Cabinet or the Cabinet as a whole. It must also set out details of the nature and extent of any alternative delegations made to any person, body, committee of the Cabinet, or the Cabinet as a whole. The Chief Executive upon receipt of the notice will circulate it to all Members of the Council. The amendment will take effect on the date 5 working days after the Chief Executive gives notice to all Councillors to that effect.

1.6 Conflicts of Interest (a) If the Leader or any member of the Cabinet has a conflict of interest this

should be dealt with by the Member ceasing to deal with the matter and not participating in any decision on that matter, which will be dealt with by another Member of the Cabinet or Council.

(b) If the Leader and every member of the Cabinet has a conflict of interest this

should be dealt with by the Chief Executive.

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(c) If the exercise of an executive function has been delegated by the Leader to a Cabinet Member and that Member is unable to take the decision as a result of having a conflict of interest or absence then the function shall be exercised by the Cabinet, Leader or in case of urgency by the Chief Executive.

1.7 Cabinet meetings - when and where? (a) The Cabinet will meet at least 12 times per year. The Cabinet shall meet at

the Council’s main offices or another location to be agreed by the Leader. 1.8 Quorum (a) The quorum for a meeting of the Cabinet shall be one quarter of the total

number of Members of the Cabinet or 3 Members, whichever is the larger. 1.9 How are decisions to be taken by the Cabinet?

(a) Executive decisions made by Cabinet will be taken at a meeting convened in accordance with the Access to Information Rules in Part 4 of the Constitution and the principles set out in Article 13 of the Constitution.

(b) When the Leader and Cabinet make decisions, this will normally be based

upon consideration of written reports. In exceptional circumstances and not in the case of Key Decisions, as identified in the Forward Plan, this will not be the case. Members will only take Cabinet decisions in the presence of the Chief Executive, the S.151 Officer or Monitoring Officer or their nominee. Each of them has a right to attend any meeting of the Executive and all other Council meetings. All decisions made by Members must be recorded by the Chief Executive in accordance with rule 2.6 and the decision will not be deemed to be made until a record is made and publicised in accordance with rule 17.1 (Overview and Scrutiny Procedure Rules).

(c) All Cabinet meetings which take formal decisions will be held in public,

except for those items which contain Exempt or Confidential Information. 2. HOW ARE CABINET MEETINGS CONDUCTED? 2.1 Who presides? The Leader will preside at any meeting of the Cabinet at which he/she is present.

In his/her absence the Deputy Leader will preside and in the absence of both, a Cabinet Member appointed to do so by those present shall preside. Members of the Council shall be entitled to remain in meetings when the public have been excluded except in exceptional circumstances when a specific decision has been made to exclude Members.

2.2 Who may attend?

Rights to attend are set out in the Access to Information Rules in Part 4 of this Constitution. Deputy Portfolio Holders may attend Cabinet and speak on a particular issue where a Cabinet Member is unable to attend.

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2.3 What business? At each meeting of the Cabinet the following business will be conducted: i) declarations of interest, if any; ii) consideration of whether the public should be excluded for any item of

business; iii) consideration of the minutes of a previous meeting; iv) matters referred to the Leader and/or Cabinet (whether by an Overview and

Scrutiny Committee or by the Council) for reconsideration by the Leader and /or Cabinet in accordance with the provisions contained in the Overview and Scrutiny Procedure Rules or the Budget and Policy Framework Procedure Rules ;

v) consideration of reports from Overview and Scrutiny Committees; and vi) matters set out in the agenda for the meeting, and which shall indicate

which are key decisions, and which are not in accordance with the Access to Information Procedure rules set out in Part 4 of this Constitution.

vii) matters that are non-key decisions. 2.4 Consultation All reports to the Leader and Cabinet on proposals relating to the Budget and

Policy Framework must contain details of the nature and extent of consultation with stakeholders and relevant Overview and Scrutiny Committees, and the outcome of that consultation. Reports about other matters will set out the details and outcome of consultation as appropriate. The level of consultation required will be appropriate to the nature of the matter under consideration.

2.5 Who can put items on the Cabinet agenda? (a) Any Member of the Cabinet, in consultation with the Leader, may require the

Chief Executive to put an item on the agenda of the next available meeting of the Cabinet for consideration. If he/she receives such a request the Chief Executive will comply.

(b) Any Overview and Scrutiny Committee may include matters referred from

Overview and Scrutiny Committees;

(c) Any Member of the Council may ask the Leader to put an item on the agenda of a Cabinet meeting for consideration, and if the Leader agrees the item will be considered at the next available meeting of the Cabinet. The notice of the meeting will give the name of the Councillor who asked for the item to be considered.

(d) The Statutory Officers, that is, the Chief Executive, the Monitoring Officer

and the Section 151 Officer may include an item for consideration on the agenda of a Cabinet meeting and may require a meeting to be called in pursuance of their statutory duties. If there is no meeting of the Cabinet soon enough to deal with the issue in question, then the person(s) entitled to include an item on the agenda may also require that a meeting be convened at which the matter will be considered.

(e) The Chief Executive, in consultation with the Leader, has responsibility for

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inclusion of items from Corporate Directors. 2.6 Record of Decisions

After any meeting of the Cabinet the Chief Executive will produce a record of each decision taken at that meeting as soon as practicable. The record will include a statement of the reasons for each decision and any alternative options considered and rejected at that meeting.

2.7 Deputy Portfolio Holders Deputy Portfolio Holders (maximum number - 7) will support Cabinet Members.

They may attend Cabinet and speak on a particular issue where a Cabinet Member is unable to attend. Deputy Portfolio Holders may not substitute for Cabinet Members and cannot vote at Cabinet meetings. They cannot represent a Cabinet Member in scrutiny proceedings.

Deputy Portfolio Holders may be Members of Overview and Scrutiny Committees.

2.8 Conduct of Meetings All meetings are to be conducted in accordance with the Council’s Procedure Rules. All meetings will be held in accordance with the Council’s Access to Information

Procedure Rules.

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Overview and Scrutiny Procedure Rules 1. What will be the number and arrangements for Overview and Scrutiny

Committees?

1.1 The Council will appoint the Wakefield Overview and Scrutiny Management Board alongside an Adult Services, Public Health & NHS Overview and Scrutiny Committee, a Children, Young People & Skills Overview and Scrutiny Committee and an Economic and Environmental Wellbeing Overview and Scrutiny Committee as set out in Article 6 and will appoint to them each year at the Annual Meeting of Council. The Overview and Scrutiny Management Board will appoint Working Groups, Joint Health Scrutiny Panels and Councillor Call for Action Scrutiny Panels as and when required.

2. Who may sit on Overview and Scrutiny Committees? 2.1 All Councillors except the Leader and members of the Cabinet may be appointed

to serve on the Wakefield Overview and Scrutiny Management Board and Overview and Scrutiny Committees. However, no Member may be involved in scrutinising a decision which he/she has been directly involved. Deputy Portfolio Holders may sit on Overview and Scrutiny Committees but will not be allowed to scrutinise any decision in which they have assisted the Cabinet. The Council’s representatives on joint authorities will not sit on the Committee which is most concerned with the business of the relevant joint authority.

3. Co-opted Members 3.1 Non-voting co-opted members will be nominated by Council to serve on the three

Overview and Scrutiny standing Committees for a three year term of office. 3.2 The Wakefield Overview and Scrutiny Management Board will agree to the

appointment of non-voting co-opted members to serve on Ad hoc Working Groups / Panels / Councillor Call for Action Scrutiny Panel from a pool of Co-opted Members as agreed by Council.

3.3 Co-opted Members are required to give a written undertaking within two months

of their appointment by the Council to abide by the Council's Code as to the Conduct of Members and appointments do not take effect until such an undertaking is given.

3.4 The appointment of a Co-opted Member is automatically terminated should the

Co-opted Member fail to attend a meeting of the relevant Overview and Scrutiny Committee for a period of six consecutive months, unless the failure is due to some reason approved by the relevant Overview and Scrutiny Committee before the expiry of that period.

3.5 In the event of a resignation of a Co-opted Member, during the term of office,

new nominees for co-option can be called for and nominated for approval by Council.

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4. Education Representatives 4.1 The Children, Young People & Skills Overview and Scrutiny Committee and any

other relevant Overview and Scrutiny Committee dealing with education matters shall include in its membership the following voting representatives:

(a) One Church of England diocese representative; (b) One Roman Catholic diocese representative; and

(c) Three parent governor representatives. 4.2 In addition, added non-voting members co-opted members which reflect the

Committee’s wider responsibilities across both the safeguarding and wider children’s arena will also be nominated to serve on the Committee as set out in Article 6 (6.6.4).

4.3 A relevant Overview and Scrutiny Committee in this paragraph is an Overview

and Scrutiny Committee of a local education authority, where the Committee functions relate wholly or in part to any education functions which are the responsibility of the authority’s Cabinet. If the Overview and Scrutiny Committee deals with other matters, these representatives shall not vote on those other matters, though they may stay in the meeting and speak.

5. Conflicts of Interest 5.1 If any Member of an Overview and Scrutiny Committee has a conflict of interest

they must act in accordance with the Code of Conduct, and not participate in the consideration of this matter or in any recommendations made.

6. Meetings of the Overview and Scrutiny Management Board and

Committees 6.1 The Overview and Scrutiny Management Board and its Committees will meet as

required to conduct the necessary business effectively and efficiently. There shall be at least six meetings of the Management Board each year and six ordinary meetings of the standing Committees, with additional meetings held as and when necessary. The Adult Services, Public Health & the NHS, Children, Young People & Skills and Economic and Environmental Wellbeing Overview and Scrutiny Committees may make arrangements for consideration of certain issues by smaller working groups of Members, or similar arrangements. It is expected that the exercise of the political whipping system is restricted to attendance and general standards of behaviour and not to speaking, questioning and voting on matters before the Committee.

7. Quorum 7.1 The quorum for an Overview and Scrutiny Committee shall be one quarter of the

whole number of voting Members and no less than three Elected Members.

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8. Who chairs Overview and Scrutiny Committee meetings? 8.1 Chairs of the Overview and Scrutiny Management Board and Chairs and Deputy

Chairs of the three Standing Committee’s will be appointed by the full Council. In their absence the Committee will vote on who is to Chair the meeting.

9. Work Programme 9.1 The Overview and Scrutiny Management Board will be responsible for setting its

own objectives and work programme and in doing so shall take into account wishes of Members who are not members of the largest political group on the Council.

9.2 The Standing Committees (subject to the agreement co-ordination and

monitoring of the Overview and Scrutiny Management Board) shall be responsible for setting their own work programme to overview and scrutinise the work of the Cabinet, Cabinet Committees, partnership body structures, relevant Council Committees and services, and in doing so they shall take into account the wishes of Members on that Committee who are not members of the largest political group on the Council.

10. Agenda items 10.1 Agenda items for the Management Board or Overview and Scrutiny Committees

shall be set by Members identifying issues which they wish to consider in line with the agreed approach to developing scrutiny work programmes, for example through reviewing the Council’s priorities, Cabinet’s forward work programme of items for consideration or through their overview of service issues and performance, or through calling in particular Executive decisions.

10.2 Any member of the Overview and Scrutiny Management Board or Overview and

Scrutiny Committees (including the statutory education representatives) shall be entitled to give notice to the Chief Executive that he/she wishes an item relevant to the functions of the Committee to be included on the agenda for the next available meeting of the Committee. On receipt of such a request the Chief Executive will ensure that it is included on the next available agenda.

10.3 Any two Members of the Council who are not Members of the Overview and

Scrutiny Committee may give written notice to the Chief Executive that they wish an item to be included on the agenda of a relevant Overview and Scrutiny Committee or Management Board. If the Chief Executive receives such a notification, then he/she will raise the item with the Chair and include the item on the first available agenda of the relevant Overview and Scrutiny Committee or Management Board for consideration by the Committee unless it can be dealt with by more appropriate means, as determined by the Chief Executive.

10.4 The Overview and Scrutiny Management Board shall also respond, as soon as

work programmes permit, to requests from the Council and if it considers it appropriate the Cabinet to review particular areas of Council activity. Where they

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do so, the Management Board will establish a Working Group or instruct a standing Committee to undertake the task. The Working Group or standing Committee will report its findings back to the Management Board before reporting their findings and any recommendations back to the Cabinet and/or Council. The Council and/or the Cabinet shall consider the report of the Working Group or Overview and Scrutiny Committee within two months of receiving it or otherwise at the first available meeting thereafter

10.5 The Chief Executive will include on the agenda of the Management Board items

which:- (i) the Council has referred to Overview and Scrutiny; (ii) the Cabinet has referred to an Overview and Scrutiny; (iii) have been requested by individual Members under Rule 10.1 or 10.2

above; (iv) have been ‘called-in’ under the procedure for the suspension of a Cabinet

decision in Rule 17 below; (v) exceptionally, are required to be included by the Chief Executive as Head of

Paid Service, the Section 151 Officer and the Monitoring Officer; (vi) have been agreed by the Chair following a request from individual Members

(paragraph (iii) above would continue to be available to Members where the Chair did not agree to a request).

11. Policy Development & Review 11.1 The role of the Overview and Scrutiny Management Board in relation to the

development and review of the Council’s budget and policy framework is set out in detail in the Budget and Policy & Development Framework Procedure Rules.

11.2 In relation to the development of the Council’s approach to other matters not

forming part of its Policy and Budget Framework, the Overview and Scrutiny Management Board or Standing Committees may make proposals to the Cabinet in so far as they relate to matters within their terms of reference.

11.3 Overview and Scrutiny Committees may hold inquiries and investigate the

available options for future direction in policy review and development and may seek appropriate assistance and advice to help them in this process, including guidance on the financial consequences for the authority from the S151 Officer.

12. Reports from Overview and Scrutiny Management Board 12.1 Once an Overview and Scrutiny Committee has formed recommendations on

proposals for development, a report will be prepared for informal consultation with the Overview and Scrutiny Management Board.

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12.2 Once the Overview and Scrutiny Management Board’s comments have been taken into account, the draft report shall be submitted by the Overview and Scrutiny Officer, to be considered informally by relevant Officers / Cabinet Member / or partnership body.

12.3 The appropriate Corporate Director / Service Director / Cabinet Member / or

partnership body shall comment on any issues or factual inaccuracy within the report. The Overview and Scrutiny Committee shall consider the comments and make changes to the report as it considers appropriate.

12.4 Once all comments have been received, the Overview and Scrutiny Management

Board will refer the report to Cabinet for its consideration. The covering report will reflect the comments received and highlight those that have been accepted and incorporated within the final report. If any of the recommendations require a departure from or a change to the Budget and Policy Framework these must be considered by Council (if they are supported by Cabinet). Once the report has been considered by Cabinet it may be submitted to any appropriate Committee or partnership body for information or debate.

12.5 The Council or Cabinet shall consider any report submitted by the Overview and

Scrutiny Management Board within two months of it being submitted to the Chief Executive. Cabinet will formally respond to the Overview and Scrutiny Management Board within one month of the report being considered.

13. Rights of Overview and Scrutiny Committee Members to documents 13.1 In addition to their rights as Councillors, Members of the Overview and Scrutiny

Management Board / Standing Committees have the additional right to documents, and to notice of meetings as set out in the Access to Information Procedure Rules in Part 4 of this Constitution.

13.2 Nothing in this paragraph prevents more detailed liaison between members of

Cabinet and Scrutiny as appropriate, depending on the particular matter under consideration. Indeed this liaison is encouraged to enable Scrutiny members to develop an effective overview of services, developments, and issues for consideration.

13.3 All Members of the Council will have access in accordance with the Access to

Information Procedure Rules to agendas, reports in support of decisions to be made and notices of decisions through the Council’s website.

13.4 Overview and Scrutiny Members will also be informed of decisions made by

Officers under the scheme of delegation. 14. Attendance by Members and Officers 14.1 The Overview and Scrutiny Management Board and Standing Committees may

request the Leader, a Portfolio Holder, Chief Executive or Corporate Director to attend an Overview and Scrutiny meeting to present an annual report on their work in connection with the responsibilities of that Board / Committee / Group.

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Overview and Scrutiny will scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions. As well as reviewing documentation, in fulfilling the scrutiny role, it may request any Member of the Cabinet, the Chief Executive or Corporate Director to attend before it to explain in relation to matters within their remit: i) any particular decision or series of decisions; ii) the extent to which the actions taken implement Council policy; and/or iii) their performance.

14.2 By virtue of the provisions of the Local Government Act 2000, and the Localism

Act 2011 the Overview and Scrutiny Management Board / Standing Committees can require Officers and Cabinet Members to respond to their requests and attend their meetings, and (by virtue of the Act) it is the duty of those persons to attend if so required.

14.3 A Deputy Portfolio Holder cannot be required to attend under these provisions.

Should a Corporate Director, City Solicitor or Service Director feel it appropriate, they may, at their discretion, nominate a member of their staff to attend a Committee as their representative.

14.4 Requests for the attendance of Officers or the provision of information to

Overview and Scrutiny shall generally be channelled through the Council’s Corporate Directors / Service Directors who will identify appropriate Officers to respond to the requests.

14.5 Such requests will be made in writing by or on behalf of the Chair of the relevant

Management Board / Standing Committee and as much notice of the meeting as practicable will be given allowing for the need to gather information and/or prepare a report. The notice will state the nature of the item on which he/she is requested to attend to give account.

14.6 Where, for good reason, the Cabinet Member, Corporate Director, City Solicitor,

Service Director or designated officer is unable to attend on the required date, then the Overview and Scrutiny Officer shall in consultation with the Chair arrange an alternative date for attendance.

14.7 Any request by the Management Board / Standing Committee for an Officer

below the level of Service Director to attend will be directed by an Overview and Scrutiny Officer to the appropriate Corporate Director and Service Director to agree. If any dispute arises, the request shall be referred to the Chief Executive for determination.

14.8 Should a Cabinet Member in response to a request from the Overview and

Scrutiny Management Board / Standing Committee refuse to attend or fail to confirm that they will be present without providing alternatives, the Leader will asked to explain the reasons for the Cabinet Member’s absence.

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15. Attendance by Others 15.1 An Overview and Scrutiny Management Board / Standing Committee may invite

people other than those people referred to in paragraph 14 above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and Members and Officers in other parts of the public sector and shall invite such people to attend.

15.2 A Board / Committee which fulfils a statutory role may require an Officer or

employee of a responsible body or of a co-operating person or body in order to answer questions and shall provide information in writing as set out in Regulation 5 of the Crime and Disorder (Overview and Scrutiny) Regulations 2009 (as amended) to answer such questions which appear to the Committee to be necessary in discharging its functions.

15.3 External experts and other persons identified as possible contributors shall be

invited to attend meetings to give evidence and advice, but the Overview and Scrutiny Management Board / Committees cannot require them to do so and therefore their participation will be on a voluntary basis.

16. “Call-in” 16.1 A key function of Overview and Scrutiny is to hold the Cabinet to account for the

discharge of its functions. Two of the principal elements of this are:

• Scrutinising decisions which are proposed to be taken by or on behalf of the Executive, and

• Scrutinising Executive Decisions before they are implemented (the so-called ‘call-in’ mechanism)

16.2 When a decision is made by the Cabinet, or a key decision is made by an Officer

with delegated authority from the Cabinet, or under joint arrangements, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council within two working days of being made. All members of Overview and Scrutiny Members will be sent copies of the records of all such decisions within the same timescale.

16.3 That notice will bear the date on which it is published and will specify that the

decision will come into force, and may then be implemented, on the expiry of five working days after the publication of the decision, unless it is “called in” as set out in 16.4.

16.4 During that period, the Chair or any three voting Members of the

Board/Committee within whose remit the decision falls may give written notice to the Chief Executive of their wish to call-in an executive decision. Upon receipt of a valid notice the Chief Executive will arrange for a meeting of the relevant Management Board / Overview and Scrutiny Committee to be called, giving five clear working days’ notice of the meeting. This will be done in consultation with the Chair and the meeting shall be held within ten working days of receipt of the

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call-in. 16.5 If, having considered the decision, the Management Board / Overview and

Scrutiny Committee is still concerned about it, then it may refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns. In the case of a decision outside the Budget and Policy Framework, the Board/Committee will refer the matter to full Council. If a matter is referred back to the decision maker, the decision maker shall reconsider the original decision, taking into account the concerns of the Overview and Scrutiny Committee/Board and may amend the decision or not, before adopting a final decision.

16.6 If following an objection to the decision, the Overview and Scrutiny Management

Board / Committee does not meet in the period set out above, or does meet but does not refer the matter back to the decision making person or body, the decision shall take effect on the date of the Overview and Scrutiny Committee meeting, or the expiry of the ten working day period, specified in paragraph 16.4 above, whichever is the earlier.

16.7 If the matter was referred to full Council and the Council does not object to a

decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if the Council does object, it has no right to make decisions in respect of an executive decision unless it is contrary to the Policy Framework, or contrary to or not wholly consistent with the Budget. Unless that is the case, the Council will refer any decision to which it objects back to the decision making body, together with the Council’s views on the decision. That decision making body shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Cabinet or a Committee of it, a meeting will be convened to reconsider the Council’s request.

16.8 Consideration of the call-in decision by full Council would normally be at the next

available Council meeting, if the position was not resolved before this time. If the Council does not refer the decision back to the decision making body or person, the decision will become effective on the day following the date of the Council meeting.

16.9 The call-in procedure set out above shall not apply where the decision being

taken by the Cabinet or joint arrangement is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would, for example, seriously prejudice the Council’s or the public’s interests, as determined by the Chief Executive. The Chair of the appropriate Overview and Scrutiny Management Board / Committee shall be consulted prior to a decision to apply the urgency provision. The record of the decision, and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one together with the reason for urgency, and therefore not subject to call-in.

16.10 The call-in procedure shall not apply in relation to matters that have been subject

of a previous call-in or to decisions that require approval of full Council.

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17. Procedure at Management Board / Overview and Scrutiny Committee

meetings 17.1 The Overview and Scrutiny Management Board or Standing Committees shall

consider the following business: (i) minutes of a previous meeting; (ii) declarations of interest (including whipping declarations); (iii) consideration of whether the public should be excluded for any item of

business; (iv) consideration of any matter referred to the Board/Committee for a decision

in relation to call in of a decision; (v) responses of the Cabinet to reports of the Management Board/Overview

and Scrutiny Committee/ Working Groups; and (vi) the business otherwise set out on the agenda for the meeting. 18. Matters within the remit of more than one Overview and Scrutiny

Committee 18.1 Where a matter for consideration by Overview and Scrutiny falls within the remit

of one or more Overview and Scrutiny Standing Committees, the decision as to the best approach to take will be resolved by the Overview and Scrutiny Management Board.

18.2 Once decided, it may be appropriate to draw on the knowledge and expertise of

all panels affected by the issue and to report the outcomes to all such panels.

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TERMS OF REFERENCE

WAKEFIELD OVERVIEW AND SCRUTINY MANAGEMENT BOARD

Current Partnerships: - Local Services Board and the Community Safety Partnership, Council Priorities: Inventive Enterprising Wakefield. Membership The Wakefield Overview and Scrutiny Management Board shall comprise of seven Elected Members. Membership will comprise the Chairs of the Adult Services, Public Health & the NHS, Children, Young People & Skills and Economic and Environmental Wellbeing Overview and Scrutiny Committee’s alongside four additional Members. There are no Co-opted Members appointed to serve on the Management Board however the Board will reserve the right to co-opt from the pool of Co-opted Members should it wish specific input. Role The Wakefield Overview and Scrutiny Management Board is the overarching body which is responsible for the management and co-ordination of the Council’s Overview and Scrutiny function. The Board has a number of important roles in the operation of the Council and acts as the general interface with the Cabinet for all Overview and Scrutiny issues. The Management Board is also designated as the Crime and Disorder Scrutiny Committee. The Management Board will scrutinise, monitor and review: Corporate Functions

• The approach to setting and delivering the Council’s annual revenue budget and capital programme.

• The budget consultation process.

• Quarterly Financial Monitoring reports.

• The performance of the Council, including Directorate performance.

• Major Projects.

• The Council’s digital agenda.

• Strategic policy and planning activity of the Council and Wakefield Together.

• The provision and delivery of Corporate Services (including:- Legal and Governance, Financial Services, Welfare, Property Services, Information Management, Organisational Development and IT, Customer Services, Communications, Health and Safety, Emergency Planning and

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arrangements for fulfilling the Council’s statutory duties in relation to Licensing).

• Service Planning and Service Reviews.

• Consideration of inspection reports both internal and external alongside subsequent responses.

Safer and Stronger Communities

• Monitor and review the effectiveness and performance of the Community Safety Partnership.

• Measures undertaken to reduce and prevent crime and anti-social behaviour (including reoffending and disorder, the fear of crime, services provided for the victims of crime, work undertaken to prevent and protect children and adults from Female Genital Mutilation, modern slavery, forced marriages and sham marriages).

• Tackle domestic abuse and improve support to victims.

• Duties relating to the policing function including linkages with the District’s Community Safety Partnership, the West Yorkshire Police and Crime Panel and the office of the West Yorkshire Police and Crime Commissioner.

• Night time economy.

• Community cohesion.

• Voluntary and community sector. Should the need arise the Management Board will commission a Working Group to review, investigate and report on specific topics including cross cutting issues.

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TERMS OF REFERENCE

ADULT SERVICES, PUBLIC HEALTH & THE NHS

OVERVIEW AND SCRUTINY COMMITTEE Current Partnerships: - Wakefield District Health and Wellbeing Board and Adults Safeguarding Board. Council Priorities: Wakefield Wellbeing The Committee is designated by Council to assume the local authority health scrutiny function. Membership Eleven Councillors and up to four non-voting Co-opted Members appointed from the general public. Role The primary aim of the Committee is to strengthen the voice of local people, ensuring that their needs and experiences are considered as an integral part of the commissioning and delivery of health services and that those services are effective and safe. The Committee will therefore review and scrutinise the performance of Adult Social Services, Public Health and the local NHS alongside those decisions taken by the Cabinet relating to Adult Social Care and Public Health. Therefore this Committee will scrutinise, monitor and review: Adult Social Care and Integration

• The effectiveness and performance of the Health and Wellbeing Board

• The protection and care of vulnerable adults, those at risk of abuse or neglect and people with disabilities delivering better care and providing a better quality of life.

• Join up health and social care services so older people, and those with disabilities can live at home.

• Arrangements for fulfilling the Council’s statutory duties, assurances and arrangements for Safeguarding and holding the Director of Adult Services and the Lead Member for Adults to account.

• Social Care services for adults in the District to establish that the overall wellbeing of the individual and their carers are at the forefront of care and support.

• The work of any relevant partnerships or public bodies that deliver services to the people of Wakefield in relation to social care and health including the safeguarding of vulnerable adults.

• The integration of NHS, public health and social care services both locally and across the region.

• The administration of the Better Care Fund.

• Reablement Services.

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• Development and implementation of modern and dependable social and health care services in the community

• Commissioning activity for health and adult services.

Public Health

• The promotion of health and social wellbeing of people in the District.

• Duties under legislation to scrutinise public health and social care functions as identified by Parliament

• Receive and review the STP, Joint Strategic Needs Assessment (JSNA), Health and Wellbeing Strategy, commissioning plans, delivery strategies, structures and governance

• Receive and review the annual report of the Director of Public Health

• Public Health including reducing the prevalence of smoking, obesity and alcohol.

• Services to people with long term physical and mental health conditions.

• Dementia. NHS

• Review and scrutinise matters relating to the planning, provision and operation of the health service within the district, ensuring that new and existing organisations/ commissioners/ independent providers/ charities are held to account through democratic structures

• Scrutinise those operations proposing substantial service changes to health related issues

• Take account of the financial and clinical sustainability of services when considering NHS reconfiguration proposals.

• Working with the NHS Commissioning Board to secure local agreement on some service reconfiguration, ensuring that proposals for change meet the Secretary of State’s ‘four tests’.

• Monitor the satisfaction of people who use both social care and health services.

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TERMS OF REFERENCE

CHILDREN AND YOUNG PEOPLE & SKILLS OVERVIEW AND SCRUTINY COMMITTEE

Current Partnerships: - Children and Young People’s Partnership and the Wakefield District Safeguarding Board Council Priorities: Learning Wakefield. Membership Eleven Councillors and up to four non-voting Co-opted Members appointed from the general public. In addition, the Committee as the designated Committee of the Local Education Authority where the Committee’s functions relate wholly or in part to any education functions which are the responsibility of the authority’s Executive, is statutorily required to include in its membership the following voting representatives: (a) 1 Church of England diocese representative; (b) 1 Roman Catholic diocese representative; and (c) 3 parent governor representatives To reflect the Committee’s responsibilities across both the safeguarding and wider children’s arena Council agreed that Added Non-Voting Co-opted Members as set out below be invited to join the Committee:

(a) Teachers Unions x2 (b) Headteacher Professional Association Representative (c) Police and Crime Commissioner nomination (d) Voluntary and Community Sector Representative x 2 (e) Young Person (Care Leaver/CiC Council/Youth Forum)

Role The Children, Young People and Skills Scrutiny Committee is responsible for reviewing and scrutinising any matter relating to the service performance and commissioning for children, young people and their families including: safeguarding and child protection; family support and children's social care; corporate parenting; education attainment and skills; relationship with schools; youth services. Therefore this Committee will scrutinise, monitor and review:

• Monitor and review the effectiveness and performance of the Wakefield District Safeguarding Board.

• Monitor and review the effectiveness and performance of the Children and Young People’s Partnership.

• Work undertaken to protect and safeguard children in the District.

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• Work undertaken to protect, support and improve outcomes for Looked After Children.

• Help children who are in care to find adoptive families sooner and to do better at school.

• Work undertaken to prevent and protect children from Child Sexual Exploitation (CSE)

• The effectiveness of the Multi Agency Safeguarding Hub (MASH)

• Children in Need caseloads.

• Outcomes as a result of the greater integration of services through prevention, early intervention and integrated locality working, to include Integrated Care Teams and Integrated Early Help Hubs.

• Work, progress and performance of the Youth Offending Team.

• Work, progress and performance of the Troubled Families programme.

• Fostering and Adoption services.

• Arrangements for fulfilling the Council’s statutory duties, assurances and arrangements for Safeguarding and holding the Director of Children’s Services and lead Members to account.

• Education in the District

• Raising aspirations and standards of achievement in pre-16 education

• Raising aspirations and standards of achievement in 16-19 education, skills and training

• Responding to the Skills Challenge in the District including measures being undertaken to ensure education providers are providing an adequate variety of courses to meet the needs of employers within the District and ensuring that young people have the skills for a successful transition to adulthood.

• Measures being undertaken to reduce the gap in educational attainment between advantaged and disadvantaged children.

• Measures being undertaken to improve educational, health and social care outcomes for children and young people with Special Educational Needs and/or Disabilities.

• Early years’ education and childcare

• Commissioning for children’s services

• Make schools and academies good or better.

• Reviewing reports of Ofsted for both Maintained and Academy Trusts.

• Tracking children of school age who are not in school.

• Schools’ and academies’ issues including bullying, safer schools, transport, schools forum etc.

• Programmes associated with the building and refurbishment of learning resource centres / schools / academies.

• The work of any relevant partnerships or public bodies that deliver services to the people of Wakefield in relation to the protection of children, education, skills and training.

• Roll out of Troubled Families.

• How local services are joined up to tackle poverty.

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TERMS OF REFERENCE

ECONOMIC AND ENVIRONMENTAL WELLBEING

OVERVIEW AND SCRUTINY COMMITTEE

Current Partnerships: - Wakefield Enterprise Partnership. Council Priorities: Active and Inspired Wakefield and Destination Wakefield.

Membership Eleven Councillors and up to four non-voting Co-opted Members appointed from the general public. Role The primary aim of the Committee is to bring together the Council’s economic growth, development and infrastructure functions to monitor progress in relation to the regeneration of the District alongside transport, planning, and housing growth. The Committee will also scrutinise services affecting the lives of citizens living and working in the Council’s neighbourhoods monitoring progress as a citizen focused District promoting environmental sustainability and wellbeing. Alongside this the Committee will oversee the cultural and sport related functions of the Council and activity in the District. Therefore this Committee will scrutinise, monitor and review:- Economic Growth

• The effectiveness and performance of the Wakefield Enterprise Partnership.

• Major infrastructure projects and priority regeneration schemes.

• Commercialisation and the local economy.

• Work undertaken to support and drive regeneration including (planning, investment, economic and business sector development, business support, enterprise and employment including barriers to employment in the District).

• Delivery of the Good Growth Plan.

• Get businesses to invest in Wakefield

• Help new businesses to start up and survive

• Measures being undertaken to increase the provision of public and private sector housing – including affordability, rented and student accommodation.

• Measures being undertaken to reduce the number of people who are on out of work benefits and help people to overcome barriers to work.

• The work of Leeds City Region and the Combined Authority - and/or other public bodies or partnerships that deliver services to the people of Wakefield in relation to skills, work and enterprise and transport.

• The work of the Town Centre Partnerships

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Environmental Wellbeing

• Sustainable development and climate change.

• Duties described / provided under the Flood and Water Management Act 2010

• Work undertaken to address issues in relation to waste collection and disposal including the measures in place to increase recycling rates and the reduction of landfill costs.

• Work undertaken to address issues relating to the streetscene and public open spaces.

Culture Sport and Tourism

• Markets

• Leisure, sport and physical activity within the District.

• Libraries and cultural services

• Tourism Transportation and Highways

• Delivery of the West Yorkshire Transport Plan

• Transportation and Highways issues including (the network, connectivity, road safety, footpaths and public rights of way).

• The work of Leeds City Region and the Combined Authority - and/or other public bodies or partnerships (e.g. WEP) that deliver services to the people of Wakefield in relation to transport.

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Audit Committee Terms of Reference 1 To independently review the internal control environment of the Council focusing

primarily on:-

Internal Audit

• Approval of Internal Audit plans and ensuring that Internal Audit work is planned with due regard to risk, materiality and coverage

• Access of Head of Internal Audit to Chair

• Consideration and ongoing monitoring of strategic and significant operational audit plan issues

• Review of Internal Audit performance

• Monitoring and review of actions taken on significant audit recommendations

• Gaining annual assurance on the effectiveness of the Internal Audit function including compliance with the appropriate professional standards

• Agreement to the Internal Audit Charter (Protocol)

• Acceptance of the Annual Internal Audit Report and associated control opinion for inclusion in the Annual Governance Statement (AGS)

External Audit

• Consideration of external audit work programme

• Arrangements for ensuring effective liaison between External and Internal Audit

• Overview of all strategic and significant operational matters relating to External Audit, including audit planning, action points and reports

• Monitoring the implementation of significant External Audit recommendations Annual Statement of Accounts

• Review the Pre-Audit Statement of Accounts and receive the External Auditor’s Statement on conclusion of the Audit.

• Review the Statement of Accounts signed by the Chief Finance Officer.

• Review of the annual report to Members from the External Auditor

• Reviewing the implementation of Audit recommendations arising from the annual report

• Ensuring that issues raised in previous financial years have been addressed Treasury Management Strategies

• Monitor policy, strategy and actions of Chief Finance Officer in managing cash flows, borrowing and investments.

Corporate Governance Framework

• Ensuring systematic appraisal of the Council’s control environment and framework of internal control, including all activity associated with production, maintenance and monitoring of the Annual Governance Statement (AGS) to provide reasonable assurance of effective and efficient operations

• Ensuring that the highest standards of probity and public accountability are demonstrated

• Review of external reports and assessments

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• Consideration by Committee of programme of areas for scrutiny Risk Management

• Ensuring that an appropriate corporate risk management strategy has been approved and is operating through effective procedures

• Monitoring and challenge of the Council’s strategic risks

• Monitoring the operation of the Council’s Budget 2 To monitor the effectiveness of the following Codes, Protocols and Procedure

Rules and submit recommendations for change to the Cabinet Contract Procedure Rules Financial Procedure Rules

Code of Corporate Governance Anti-Fraud and Bribery Policy Risk Management Policy & Strategic Framework

3 Membership 7 Councillors, reflecting the overall political balance of the Council 1 co-opted independent member of the community Restriction on Membership The Leader and Deputy Leader shall be excluded from sitting on the Committee

with a maximum of 2 Cabinet Members 4 Frequency of Meetings The Committee will normally meet 5 times a year. 5 Conflicts of Interest

If any Member of the Committee has a conflict of interest they must act in accordance with the Code of Conduct, and must not participate in the consideration of this matter or in any recommendations made.

6 Quorum

The quorum for the Committee shall be no less than three Members of the Committee.

7 Chair of Meetings

The Council will appoint the Chair and Deputy Chair, from amongst the Councillors sitting on the Committee but shall not be a Member who is also a Member of the Executive.

8 Attendees

Rights to attend are set out in the Access to Information Procedure Rules in Part 4 of the Constitution.

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Corporate Parenting Committee Terms of Reference 1. Introduction A vital aspect to improving outcomes for children and young people in the care of Wakefield Metropolitan District Council is to further develop Councillors’ roles and responsibilities as Corporate Parents. The Council has a legal obligation to be a corporate parent to children and young people who are in the care of the local authority and those who have left care. Corporate Parenting emphasises the collective responsibility of all parts of the Local Authority to achieve good parenting and the whole Council is expected to do what a good parent would do to promote their children’s educational aspirations, ensure their child’s health and safety and support their achievements. The fundamental aim of the ‘Corporate Parenting Committee’ is to act as a focal point for councillors understanding the needs of children and young people in their care. The most important activity is a detailed focus on the children and young people themselves. Effective strategy and leadership are necessary in order to establish the priority given by the whole Council and to planning, resources and support being brought to bear on this vulnerable group of children and young people. One of the crucial responsibilities of the Committee will therefore be to enable and support colleague councillors to exercise their collective responsibilities as Corporate Parents efficiently, effectively and energetically by providing information on the issues for children and young people in care and to focus on what really matters for them. 2. Responsibilities The Corporate Parenting Committee will seek to secure Member involvement and commitment throughout the Council and partner agencies to deliver better outcomes for children and young people for whom the Council has a parenting responsibility. It will strive to ensure that corporate parenting is a key mechanism by which both Members and Officers of the Council can ensure that for children and young people in its care, we are providing:

• Warm, welcoming and safe accommodation, a place that children in care can call Home.

• High quality care, nurturing supportive and meaningful relationships that

encourage the self-esteem, confidence and resilience, enabling young people to cope with change and difficult times.

• The highest standard of education for all consistent with their individual needs and abilities.

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• Opportunities and encouragement for self-development and keeping fit and

healthy. • Encouragement to take up hobbies, acquiring life skills and being a good

citizen. • Opportunities for the transition to work, including open days and work

placements within the Council. • Assistance with the transition from care to looking after themselves, including

the provision of suitable accommodation. • Placement stability that will avoid disruption and maintain continuity of care,

education placements and relationships. 3. Terms of Reference The Corporate Parenting Panel will attempt to discharge its responsibilities by doing the following:

• Providing clear strategic and political direction in relation to corporate parenting.

• Ensuring that all Councillors and Council Directorates are fulfilling their roles

and responsibilities as corporate parents proactively. • Making a demonstrable commitment to prioritising the needs of children and

young people in care and their carers. • Showing ambition and aspirations for all children and young people in care

and care leavers. • Receiving regular reports on the level and quality of services to children and

young people in care and care leavers from the Children & Young People’s Directorate, other Council Directorates and external partner organisations.

Ensuring that Members undertake a programme of visits to children’s homes • Promoting achievement and acknowledging the aspirations of children and

young people in care by supporting celebration events. • Championing the provision of Council based work placements and

apprenticeships for young people in care. • Investigating on behalf of all Councillors, ways in which the role of corporate

parenting can be developed and enhanced

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• Listening to the views of children, young people individually, through the Children Care Council and Care Leavers Forum alongside the views of their carers and to involve them in the assessment, development and delivery of services including the opportunity for children and young people in care to set the agenda of the Corporate Parenting Committee on three occasions during the course of the year.

• Meeting with Government inspectors where appropriate, for their input into

inspections including inspections of fostering/adoption services and children’s homes and receiving annual reports of the fostering and adoption service and children’s homes inspection reports.

• To appoint Elected Member Champions for Children in Care in respect of the

following strands:

(i) Housing (ii) Employment of training / apprenticeship opportunities within Council

Directorates and partner agencies (iii) Health (including mental health) (iv) Educational attainment and access to higher education.

4. Relationship to Other Council Bodies

(i) The Corporate Parenting Committee acknowledges that the Children and Young People’s Overview and Scrutiny Committee has its own role to scrutinise the actions of the Cabinet and Officers regarding children and young people, in accordance with its own Terms of Reference. The Corporate Parenting Committee is able to refer matters to the Children and Young People’s Overview and Scrutiny Committee when it considers a matter is more suited to that body undertaking work on a particular issue. The Children and Young People’s Overview and Scrutiny Committee will receive a copy of the Minutes of each meeting of the Corporate Parenting Committee.

(ii) The Children and Young People’s Portfolio Holder has legal responsibilities by virtue of holding that office. The Corporate Parenting Committee is able to refer matters to the Children and Young People’s Portfolio Holder when it considers a matter should be brought to the attention of the Portfolio Holder. The Children and Young People’s Portfolio Holder will receive a copy of the Minutes of each meeting of the Corporate Parenting Committee.

(iii) The Corporate Parenting Committee has the right to bring matters to the

attention of Cabinet and Council, should it choose to do so.

(iv) Report to the Council when appropriate and at least once a year

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5. Membership Voting Members - Eleven Members of Council Non-Voting Co-opted Members - Key Partners (to be agreed), representatives from the Children in Care Council and a Foster Carer representative. Political proportionality is dis-applied for the Corporate Parenting Committee. Councillors outside of the standing membership may be invited to present reports, discuss issues and raise questions within a standing item. 6. Frequency of Meetings The Committee will meet on six occasions per year. Children and Young People will be invited to set the agenda of the Corporate Parenting Committee on three occasions during the course of the year. 7. Quorum The quorum for the Committee shall be no less than three voting Members of the Committee. 8. Chair of Meetings The Council will appoint the Chair from amongst the Councillors sitting on the Committee. 9. Officer Support The Corporate Director, Children and Young People is responsible for ensuring that the Committee has sufficient Officer support to lead the Council’s Corporate Parenting Strategy. Committee Services will provide the administrative arrangements and constitutional guidance to the Committee. 10. Training Appropriate training will be commissioned for Committee Members as required including training before the first meeting in each Municipal Year.

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Joint Consultative Committees 1. Introduction 1.1 The Central Joint Consultative Committee provides the means by which

representatives of locally recognised Trade Unions can meet with elected members of the Wakefield Metropolitan District Council (“the Council”) to give joint consideration to matters concerned with the operation of the Authority’s services.

1.2 Nothing in the foregoing however shall prevent any of the locally recognised

Trade Unions from pursuing matters individually in the interests of their own membership.

1.3 The representatives of the Council and of UNISON, and UCATT accept that any

agreement recorded in the Minutes shall be binding in honour upon both sides but both sides expressly agree that such agreement is not intended to constitute a legally enforceable agreement between them. It is agreed however that both sides will use their best endeavours to ensure that the spirit and intention of any agreement reached between them is honoured at all times.

2. Consultative Committees 2.1 The accepted method of formal consultations with trade unions recognised by the

Council is through the system of Joint Consultative Committees (JCC). 2.2 One Central JCC will exist which covers the whole of the Authority’s employees

except teachers. 2.3 Service JCC will operate in all Directorates. 2.4 Formal agreements will be submitted to and ratified by the Central JCC where

necessary, and as appropriate, confirmed by Council. 3. Local Consultative Arrangements 3.1 It is recognised that effective consultative arrangements with employees/trade

unions are essential in the interests of good industrial relations. The pace of change in Local Government necessitates the need for a measure of flexibility. It is recommended that the following consultative/procedural process is observed.

3.2 The Council is committed to the process of collective bargaining. JCC facilities are to be made available for consultative meetings at Service level between management and trade union representatives. Agreed terms of reference should be established in all cases. The JCC should be arranged on a systematic basis to ensure that regular contact is maintained and to encourage good communications.

3.3 These procedures also recognise the need to have a system which will adequately deal with day-to-day matters. This should involve management and the appropriate recognised trade union representatives.

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3.4 Having regard to the variety, complexity and extent of any proposals, specific

response times are not prescribed. However, both sides recognise the need to respond as quickly as reasonably possible on issues, particularly where immediate action is necessary. In addition, specific proposals affecting a single union membership must have regard to implications on other groups which may necessitate the involvement of other trade unions in the consultation process.

3.5 The timing of consultations taking place will depend on urgency of matters, time constraints, confidentiality and may be initiated (perhaps informally) before Joint Consultative Committee decision or alternatively after Member consideration at the Central Joint Consultative Committee. Trade union comments/detailed views will be incorporated into any reports for Committee consideration.

3.6 Reasonable paid time-off facilities will be provided for membership consultation in accordance with the Authority’s time off for Trade Union Duties and Activities document.

3.7 Both sides, whilst appreciating that a veto by either side cannot exist, accept

each other’s right to communicate directly with employees and in the case of the trade union, its Members. However, in the interests of good industrial relations appropriate consultations should take place either on a Service basis or corporately as the situation determines.

3.8 During the process of local consultation on a particular matter, neither side

should issue press statements unless on a jointly agreed basis. If local consultation procedures have been exhausted then each side reserve the right to issue press statements to the media.

3.9 This code of practice will provide a process for reaching understandings rather

than strict formal agreements between the Authority and the trade union on issues affecting employees. Any significant areas of difference will be drawn to the attention of Members, usually as part of a Committee report, for final decision. For clarity and conciseness, the position on trade union consultation (e.g. agreed, on-going, areas of difference) should always be set out in any reports.

4. Role 4.1 To represent and co-ordinate the views of the recognised Trade Unions and the

Council on all issues of common interest wherever possible.

4.2 To raise issues, make recommendations and reach agreement on conditions of service issues which have an effect on all employees. The examination of harmonisation issues where they are equitable, practicable and affordable in the interests of a single unified workforce.

5. Membership 5.1 The membership of the Central Joint Consultative Committee shall be as follows:

• Employees representatives: UNISON (11) and UCATT (3).

• Employers representatives: Elected Members (12).

• Ex-officio representatives: The full-time officials of the locally recognised Trade

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Unions. 5.2 The membership of the Service Joint Consultative Committee’s shall be

determined at Service level but shall include attendance by Elected Members appointed by Full Council.

6. Frequency of Meetings 6.1 The Committee shall hold an ordinary meeting not less frequently than four times

a year. Special meetings can be called within seven days of receipt by the Chief Executive (in case of the Central JCC) or (within ten days by the relevant Director in the case of a Service JCC) of a written request from the Council or one of the recognised Trade Unions specifying the matter, or matters, which it is desired to bring before the meeting.

7. Matters for Discussion 7.1 Matters to be discussed at meetings shall be set out in the Agenda

accompanying the notice of meetings. 7.2 The Council and the locally recognised Trade Unions shall be entitled to submit

items for inclusion on the Agenda. 7.3 The Chief Executive shall give notice to all Members of every meeting of the

Central JCC and the relevant Director in respect of a Service JCC. Such notice (except in the case of a special meeting) be despatched not later than the seventh day before the day of the meeting.

8. Minutes 8.1 Copies of the draft minutes of proceedings of all meetings of the Central JCC

shall be forwarded to the Committee Members and ex-officio Members within seven days of the meeting for approval. The provisionally agreed minutes will be circulated to all Members of the Committee within 21 days of the meeting and formal approval of the minutes will be confirmed at the next meeting.

8.2 Copies of the draft minutes of proceedings of all meetings of the Service JCC

shall be forwarded to the Chair and Deputy Chair within seven days of the meeting for approval. The provisionally agreed minutes will be circulated to all Members of the Committee within 21 days of the meeting and formal approval of the minutes will be confirmed at the next meeting.

9. Facilities 9.1 The Authority shall provide accommodation for holding meetings of the

Committee including Trade Union side meetings. The meetings shall be held during normal working hours and Trade Union Members who are Council employees shall be paid at their normal rates for the time spent at such meetings. Travelling to and from such meetings will be reimbursed in accordance with the applicable scheme of Conditions of Service.

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10. Quorum 10.1 At any meeting of the Central JCC one third of the Council's Members together

with one third of the trade union representatives shall constitute a quorum. The quorum for a Service JCC shall be determined by the Service JCC.

11. Who Chairs JCC Meetings? 11.1 The Chair for the first year shall be appointed from the Employers' Side, the

Deputy Chair shall be appointed from the Employees' Side. These appointments shall be for a period of one year on a rotating basis.

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The Licensing Committee and Sub-Committees 1. Role 1.1 The Licensing Committee will carry out the rules and conditions specified in

Article 10 of this Constitution. 1.2 As set out in Part 3 of this Constitution, to determine, on behalf of the Council,

the following matters:

(a) Functions of the Council set out in Parts B, C and F of Schedule 1 to the Local Authorities Functions and Responsibilities (England) Regulations 2000 including:

• Hackney Carriages/Private Hire

• Gaming Licences

• Public Entertainment

• Betting Track Licences

• Sex Establishments

• Waste Licences

• Dangerous Wild Animals Licences

• House to House Collections

• Scrap Metal Act 2013

• Caravan and Camping Sites

• Food Premises and Processing

• Animal Premises and Movements etc. (b) Determination of applications for, or revocation or suspension of, licences,

permits, registrations and other regulatory documents which have not been delegated to a Corporate Director or are referred to Committee for a decision by the Corporate Director.

(c) Review the standard conditions applicable to any licence, permit,

registration and other regulatory document or street cafes in relation to any of these regulatory functions.

(d) Determination of all appeals received in respect of the refusal of

applications for the granting of a licence; (e) Determination of written appeals against decisions made by Corporate

Directors for free or concessionary use of Council premises. (f) Determine enforcement action in relation to any of these regulatory

functions insofar as this has not been delegated to a Corporate Director or have been referred to the Committee for determination by the Corporate Director.

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(g) Develop good practice in relation to licensing and enforcement matters and approve the procedures for dealing with applications and appeals coming to the Committee.

(h) To determine whether a charge should be made and where applicable the

level of such fees and charges, for the issue, approval, consent, licence, permit or other registration for licensing functions for which the Committee has responsibility.

(i) Discharge the functions of the Council under legislation relating to charities

and make strategic decisions in relation to charities of which the Council is trustee.

1.3 Regulatory and Appeals (Licensing Sub-Committee 3) will deal with: (a) The registration of common land or town and village greens and to register

the variation of rights of common as set out in Part B of Schedule 1 to the Functions. (b) The recommendation to the Council of delegation to Officers of any of the

above functions. (c) Determination of all appeals in accordance with the Local Government

(Review of Decisions) Act 2015. 2. Membership 2.1 Membership of the Licensing Committee will be in accordance with Article 10 of

this Constitution. 2.2 Membership of the Licensing Sub-Committees 1 and 2: Any three Councillors from within the parent Licensing Committee membership. Sub-Committee 1 & 2 will deal with all appropriate matters referred to them as

set out in 1.2 a-h above). 2.3 Membership of the Regulatory and Appeals (Licensing Sub-Committee 3): Five Councillors, from within the parent Licensing Committee membership and

must reflect the overall political balance of the Council. Sub-Committee 3 will deal with all appropriate matters referred to them as set out

in 1.3 a-c above). 2.4 In addition to the five named Members of Regulatory and Appeals (Licensing

Sub-Committee 3) the ten other Members of the parent Licensing Committee may be appointed to attend meetings as a substitute in the absence of any member of the Committee. It is the responsibility of a Member to arrange a substitute Member to attend in his/her place. No named substitute Member may be a Member of the Cabinet.

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2.5 Members must not hear cases where they have any previous knowledge of the applicant, registration holder or appellant.

3. Frequency of Meetings 3.1 The Licensing Committee will meet on at least three occasions per year and at

such other occasions as may be necessary. 3.2 The Sub-Committees will meet on a regular basis as and when required. 4. Conduct of Meetings 4.1 Meetings are to be conducted in accordance with the Council's Procedure Rules. 4.2 Meetings to determine applications or appeals will be dealt with in accordance

with the Council's public guidance notes relating to the particular type of application or appeal, or if there is no specific guidance for that type of matter in accordance with the general guidance.

4.3 Meetings will be held in accordance with the Council's Access to Information

Procedure Rules. 5. Conflicts of Interest 5.1 If any Member of the Committee has a conflict of interest they must act in

accordance with the Code of Conduct, and must not participate in the consideration of this matter or in any recommendations made.

6. Quorum 6.1 The quorum for the Committee shall be one quarter of the total number of

Members of the Committee. 6.2 The quorum for the Licensing Sub-Committees (1, 2 and 3) shall be no less than

three Members. 7. Who chairs the Licensing Committee meetings? 7.1 The Chair and Deputy Chair shall be appointed by the Council from among the

Councillors sitting on the Committee. 8. Who chairs the Licensing Sub-Committee Meetings? 8.1 The Chair of the three Licensing Sub-Committees will be appointed by the

Council from amongst those Councillors sitting on the Licensing Committee

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9. Who may attend? 9.1 Rights to attend are set out in the Access to Information Procedure Rules in Part

4 of this Constitution. 10. VOTING 10.1 Majority


10.2 Chair’s Casting Vote

If there are equal numbers of votes for and against, the Chair will have a second or casting vote. There will be no restriction on how the Chair chooses to exercise a casting vote.

10.3 Show of Hands

The Chair will take the vote by show of hands.

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Planning and Highways Committee 1. Role (a) Functions relating to town and country planning, development and building

control and the regulation of the use of highways as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (the Functions Regulations) insofar as these have not been delegated to a Corporate Director/Director or are referred by the Committee for a decision by the Corporate Director or Director.

(b) The obtaining of information under section 330 of the Town and Country

Planning Act 1990 as to interests in land. (c) The obtaining of particulars of persons interested in land under section 16

of the Local Government (Miscellaneous Provisions) Act 1976. (d) Control of development under the Town and Country Planning Acts and other

associated legislation, including entering into planning obligations under Section 106 of the Town and Country Planning Act 1990 and related matters.

(e) Administration of building regulations and associated Public Health and

Safety legislation. (f) Matters relating to Listed Buildings and Scheduled Ancient Monuments

and the creation of a District Heritage Strategy. (g) Street naming and property identification. (h) Tree Preservation Orders. (i) Responsibility for safety of sports grounds.

(j) Flood Water Management Act 2010 (k) Responsibilities under the Reservoir Act, 1975.

(l) Land Drainage Act 1991 (m) Responsibilities under the Mines and Quarries (Tips) Act, 1969. (n) The exercise of powers relating to the regulation of the use of highways as

set out in Schedule 1 to the Functions Regulations

(o) Traffic control, car and lorry parking, pedestrian crossings and traffic signals

(p) Consideration of significant objections to proposals for highway, bridleway

and footpath Stopping Up and Diversion Orders.

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(q) Consideration and determination of claims and other matters relating to

the Definitive Map of Public Rights of Way. (r) Proposals affecting the public highway network promoted in accordance

with relevant legislation and all orders and other matters under the Road Traffic Regulation Act 1984, including Traffic Regulation Orders, Speed Limit Orders, Parking Orders and Variation Notices and to determine objections at formal advertisement stage.

(s) Functions referred under the Licensing Act 2003 as relating to a function

of the Committee.

(t) Functions referred under the Anti-Social Behaviour Act 2003 relating to high hedges.

(u) Functions relating to Planning as set out in the Localism Act 2011. (v) Community Infrastructure Levy.

2. Membership 2.1 17 Councillors, all of whom must not be Members of the Cabinet and reflecting

the overall political balance of the Council. 3. Conduct of Meetings 3.1 Meetings are to be conducted in accordance with the Council's Procedure Rules. 3.2 Interested members of the public, or someone on their behalf, may speak on

applications for planning permissions. These are limited, with individual speakers normally being allowed no more than three minutes and with normally no more than a total of ten minutes being allowed for each relevant planning application. The objector or representative of the objector is normally asked to speak first and the applicant (or their agent) or a supporter or representative of supporters second.

3.3 The Chair will determine who may speak and whether it is appropriate for a

number of speakers to be heard, the amount of time to be allocated to each within the ten minute maximum and whether or not the maximum of 10 minutes should be extended. This may very exceptionally occur where a number of different groups wish to support, or object to, a particular application of widespread or significant public concern. Further details are contained within the Council's guidance notes for public speaker at meetings of the Planning and Highways Committee.

3.4 A local Ward Member who is not a Member of the Planning and Highways

Committee, having registered to speak in advance of the meeting, may speak in relation to a planning application in his/her ward. If more than one ward Member wishes to speak, the Chair will decide who will speak and whether it is

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appropriate for more than one ward Member to speak and, if so, the length of time to be allocated to each ward Member. Members of the Planning and Highways Committee may decide to speak as a Committee Member or as a ward Member.

3.5 Meetings will be held in accordance with the Council's Access to Information

Procedure Rules. 4. Frequency of Meetings 4.1 The Committee will normally meet every four weeks but may at the request of the

Chair hold additional meeting as required to ensure the efficient conduct of business.

5. Conflicts of Interest 5.1 If any Member of the Committee has a conflict of interest they must act in

accordance with the Code of Conduct, and must not participate in the consideration of this matter or in any recommendations made.

6. Quorum 6.1 The quorum for the Committee shall be no less than five Members of the

Committee. 7. Who chairs Planning and Highways Committee meetings? 7.1 The Chair and Deputy Chair will be appointed by the Council from among the

Councillors sitting on the Committee. 8. Who may attend? 8.1 Rights to attend are set out in the Access to Information Procedure Rules. 9. VOTING 9.1 Majority


9.2 Chair’s Casting Vote

If there are equal numbers of votes for and against, the Chair will have a second or casting vote. There will be no restriction on how the Chair chooses to exercise a casting vote.

9.3 Show of Hands

The Chair will take the vote by show of hands. If there is any ambiguity in the way votes were cast, the Chair may request Committee Members to confirm their votes before the Committee’s decision is recorded.

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Standards Committee 1. Role 1.1 The Standards Committee will carry out the roles and functions specified in

Article 9 of the Constitution. 2. Membership 2.1 Membership of the Standards Committee will be in accordance with Article 9 of

this Constitution. 3. Conduct of Meetings 3.1 Meetings are to be conducted in accordance with the Council's Procedure Rules. 3.2 Meetings will be held in accordance with the Council's Access to Information

Procedure Rules. 4. Frequency of Meetings 4.1 The Committee will meet on at least four occasions per year and at such other

occasions as may be necessary 5. Conflicts of Interest 5.1 If any Member of the Committee has a conflict of interest this should be dealt

with as set out in the Council’s Code of Conduct for Members. 6. Quorum 6.1 The quorum for the Committee shall be no less than three Members of the

Committee. 7. Who chairs Standards Committee meetings? 7.1 Any Member of the Committee may Chair the Committee. 8. Who may attend? 8.1 Rights to attend are set out in the Access to Information Procedure Rules in Part

4 of this Constitution.

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Standards Sub-Committee 1. Terms of Reference

a. The Standards Sub-Committee is established to receive complaints that a member of Wakefield Council or a Town or Parish Council within the District has failed, or may have failed, to comply with that Authority’s Code of Conduct.

b. Upon receipt of each complaint and any accompanying report by the

Monitoring Officer, the Sub-Committee shall make an initial assessment and shall then do one of the following:

i. decide that no action should be taken in respect of the complaint; ii. refer the complaint to the Monitoring Officer, with an instruction that

he/she arrange a formal investigation of the complaint; iii. refer the complaint to the relevant Political Group Leader.

taking into account any views of the Independent Person. The Sub-Committee shall instruct the Monitoring Officer to take reasonable steps to notify the person making the complaint and the member concerned of that decision.

c. Upon completion of an investigation by the Investigating Officer and taking into account the views of the Independent Person, the Sub-Committee shall be responsible for determining whether:

i. it accepts the Investigating Officer’s finding of no failure to observe the Code of Conduct;

ii. it accepts the Investigating Officer’s finding of a failure to observe the Code of Conduct.

iii. to make recommendations to full Council on any action necessary.

d. Where the Sub-Committee resolves to do any of the actions set out in Paragraph 1(b) or 1(c) above, the Sub-Committee shall state its reasons for that decision.

2. Composition of the Standards Sub-Committee

The Standards Sub-Committee shall comprise 3 members, of whom 1 shall be a co-opted member of the Standards Committee, who shall chair the Sub-Committee, and at least 1 elected Member.

3. Quorum The quorum for a meeting of the Sub-Committee shall be 3 members.

4. Frequency of Meetings The Sub-Committee shall only meet as and when required to hear and determine any allegation(s) against an elected or co-opted member of the Council and Town and Parish Councils.

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Wakefield and District Health and Wellbeing Board

Terms of Reference & Supporting Information 1 Introduction 1.1 The Health and Social Care Act 2012 required the Council to establish by 1 April

2013, a Health and Wellbeing Board (HWB) for its area. This is called the Wakefield District Health and Wellbeing Board (WDHWB).

1.2 The Act provided a duty on local authorities to take steps to improve the health of

their population with the HWBs bringing together local commissioners of health and social care, elected representatives, and representatives of Healthwatch to agree an integrated way to improving local health and wellbeing. Most NHS care will be commissioned by Clinical Commissioning Groups (CCG), which will give GPs and other clinicians responsibility for using resources to secure high-quality services.

1.3 Collaboration is at the heart of HWBs providing opportunities for local

government to work in partnership with the NHS and their communities to understand local need and develop a shared strategy to address the issues that matter most to local people.

1.4 The Local Authority (Public Health, Health and Wellbeing Boards and Health

Scrutiny) Regulations 2013 makes provisions for the disapplication and modification of certain enactments relating to local authority committees appointed under section 102 of the Local Government Act 1972, insofar as they are applicable to a HWB established under section 194 of the Health and Social Care Act 1972.

1.5 The Care Act 2014 (Part 4,section 121, (3)) sets out the legislative framework that

the resources identified as part of the Better Care Fund (BCF) are required to be placed into pooled budgets under section 75 joint governance arrangements between CCGs and local authorities. Technical guidance published to support the development of BCF planning has made it clear that the HWB has a responsibility to have oversight of these pooled resources. This will require the WDHWB to have a more active role in the joint commissioning of health and social care interventions as outlined through Wakefield’s local BCF plan.

2. Purpose 2.1 The purpose of the WDHWB is to improve the health and wellbeing for the

residents of the Wakefield Metropolitan District and to reduce inequalities in outcomes. The Health and Social Care Act assigns specific functions to each HWB including leading on the Joint Strategic Needs Assessment (JSNA) together with leading on the development of a joint Health and Wellbeing Strategy (HWS).

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3. Aims 3.1 The primary aim of the HWB is to promote integration and partnership working

between the local authority, NHS and other local services and improve the local democratic accountability of health.

4. Name 4.1 In accordance with the requirements of the Health and Social Care Act 2012, the

HWB will be known as the Wakefield District Health and Wellbeing Board (WDHWB).

5 Role and Functions 5.1 In accordance with the requirements of the Health and Social Care Act 2012, the

WDHWB is a formally constituted Committee of the Council in accordance with the requirements of the Local Government Act 1972, as amended.

5.2 In accordance with the Act’s explicit policy intention the WDHWB will act as a

forum for collaborative leadership and as such be different to a normal local authority committee appointed under Section 102 of the Local Government Act 1972 as amended.

5.3 The WDHWB is authorised by Council and the CCG to undertake the following

roles and functions as set out below.

Members of the WDHWB have formed the partnership under section 195 (1) of the Health and Social Care Act 2012. The partnership exists to improve the health and well-being of population in the Council’s area and the Act outlines in sections (1-4) the functions of the board as: (a) Advancing the health and well-being of the people in its area, encourage

persons who arrange for the provision of any health and social care services in that area to work in an integrated manner

(b) Provide such advice, assistance or other support as it thinks appropriate for the purpose of encouraging the making of arrangements under section 75 of the National Health Service Act 2006 in connection with the provision of such services

(c) A HWB may encourage persons who arrange for the provision of any health

related services in its area to work closely with the HWB The Children and Families Act 2014 introduced a new statutory framework for local authorities and CCGs to work together to secure services for children and young people (up to the age of 25) who have Special Education Needs or Disability (SEND), including a new statutory code of practice which captures key actions and behaviours.

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HWBs therefore have a pivotal role to play in how the local NHS, social services and schools and colleges support the needs of children with complex and special educational needs, including those with acute illness or injury. The Local Authority and CCG must develop a HWS. Under section 193 (1-3) of the Health and Social Care Act 2012 the strategy must be published and this strategy must demonstrate due regard has been considered of meeting the needs identified from the JSNA. Under section 196 of the Health and Social Care Act 2012 the functions of the Local Authority and CCG in relation to the development of the JSNA and the development of the HWS are to be carried out by the HWB.

5.4 Key Responsibilities The vision of the WDHWB is to strengthen the existing partnership between the

Local Authority and CCG by joining up commissioning across the NHS, social care, public health and other services that the Board agrees are directly related to health and wellbeing, in order to secure better health and wellbeing outcomes for their whole population, better quality of care for all their patients and care users, and better value for the taxpayer. The core purposes of the WDHWB are therefore to: � Provide strategic leadership to promote health and wellbeing in Wakefield and

ensure that statutory duties are complied with; � Assess the needs of the local population by leading the development of and

monitoring the impact of the JSNA; � Oversee the development of and monitoring the implementation of a joint

HWS ensuring that issues highlighted in the strategy are taken forward by commissioners;

� Involve third parties and have regard to the NHS Commissioning Board mandate and statutory guidance in the preparation of the JSNA and HWS

� Promote integrated working and partnership working between health and social care, through joined up commissioning plans;

� Ensure health and social care commissioning delivers better outcomes, quality and value for money;

� Build effective relationships with supra-local structures e.g. NHS Commissioning Board, Public Health England;

� Take a strategic approach and promote integration across health and adult social care, children’s services, including safeguarding and the wider determinants of health;

� Build partnership for service changes and priorities � Following the Governance Review (December 2014) promote a creative and

innovative approach to health and wellbeing using the freedoms afforded by the pooled funds of the BCF;

� Discharge all functions relating to the BCF that are required or permitted by law to be exercised by the WDHWB, including:

� to agree the strategic planning � manage the pooled budget

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� oversee and performance manage the planning as well as the practical and financial implementation of the fund

� Promote the agenda on integration – both in terms of sharing commissioning

resource but also in terms of delivering a far more joined up service for people living in the district

� Hold both the Local Authority and the CCG to account for the impact of their commissioning decisions ensuring that:

� Health outcomes are improving in the way they should � Health inequalities are proactively addressed in organisational

commissioning plans

� Manage funds that are part of a formal joint commissioning arrangement or pooled fund (e.g. BCF)

� Help shape the commissioning strategy of both the Local Authority and the CCG and ensure the Local Authority and the CCG’s commissioning intentions align with the health needs of the Wakefield district

� Ensure that plans for Sustainability and Transformation are designed and delivered in accordance with locally determined needs and priorities

The WDHWB will not be a commissioning body. The accountability for commissioning decisions will remain with the commissioners.

5.5 Duties In discharging the role above, particularly in light of the Governance Review, the specific duties of the WDHWB are as follows:

� The Connecting Care Executive has been established incorporating both the

children and young people agenda as well as adults. The Connecting Care Executive will report its commissioning decisions to every WDHWB meeting

� Ensure joint arrangements are in place to agree priority areas for investment to support health and social care.

� Focus on driving up whole system quality and ensure that opportunities for gains in both productivity and efficiency that are available across the local economy are maximised.

� Apply creativity to ensure the success of well-established joint commissioning structures and processes (through Connecting Care Executive and Health and Social Care Partnership) in order to benefit from fuller use of the available freedoms and flexibilities and to actively enhance the development and delivery of an integrated commissioning agency.

� Consider options to promote the use of freedoms and flexibilities to deliver the core purpose of the board e.g. pooled budgets, joint commissioning, place based budgets;

� Ensure that commissioning plans produced by all parties are joined up and that in relation to productivity and efficiency there is a high level of transparency between the NHS and Local Authority.

� Ensure that commissioning plans are consistent and in accordance with the HWS

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� Conduct an open and equal dialogue with the NHS Commissioning Board highlighting views on the relationship and effectiveness of national decision-making to the needs of the local population as defined in the HWS

� Review how well commissioning plans have contributed to the delivery of the HWS

� Consider the contributions that the CCG has made to the successful delivery of the HWS when conducting its annual performance assessment of the CCG.

6. Membership 6.1 Membership of the Board will comprise of 7 equal representatives from both the

Council and the Clinical Commissioning Group:- Wakefield Metropolitan District Council – 7 representatives NHS England / Wakefield CCG – 7 representatives

Strategic Partners – 8 representatives The principles of the 8 places for the strategic partners would include those partners who are key to the collaborative working in moving forward the priorities of the HWB within the HWS.

Current membership is shown in Appendix 1 6.2 Appointments 6.2.1 Appointments to the WDHWB will be recommended by the Board to the Full

Council meeting.

6.2.2 Leaving the Board A person shall cease to be a member of the Board if s/he resigns or the relevant partner agency notifies the Board of the removal or change of representative.

7. Arrangements for the Conduct of Business 7.1 Conduct of Meetings Meetings are to be conducted in accordance with the Council’s Procedure Rules. 7.2 Chairing the Meetings

The Cabinet Member, Adults and Health will Chair the Board with a representative from the CCG deputising in his/her absence.

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7.3 Quorum The quorum will be no less than four members of the Board. The quorum must

however be constituted by at least two representatives from the Local Authority and at least two representing the CCG.

7.4 Frequency of Meetings/Access to Information The WDHWB will meet bi-monthly in public. The length of the meetings will be no longer than two hours unless agreed by the

Board. The Chair of the Board will be able to call an urgent meeting should this be

required. The agenda for the meeting will be agreed collectively by the Chair of the Board

and the Chair of the CCG. Agenda and connected papers will be made available to the public five clear

days before the date of the meeting at the Local Authority’s main office, County Hall, Wakefield, and online on the Local Authority’s website.

At the request of the Chair, Officers will be invited to present their reports to the

Board.

In accordance with the provisions of Part 1 of Schedule 12A to the Local Government Act 1972, as amended the public and press will be excluded from the meeting during consideration of any item which is likely to involve the disclosure of exempt information.

7.5 Freedom of Information Act 2000 The Freedom of Information Act is applied to the WDHWB which means that members of the public will have right of access to information held by the Board. Requests for information under the Act should be addressed to the Information Management Team, Room 115, County Hall, Wakefield WF1 2QW or via e-mail to [email protected].

7.6 Equalities Act 2010, Part 11 As Part 11 of the Equalities Act 2010 is applied to HWBs, the single public sector

equality duty is applied to the WDHWB. This requires the Board to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out their activities.

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7.7 Proportionality

The duty to comply with the requirements of Section 15 and 16 of the Local Government and Housing Act 1989 in the allocation of seats to political groups be dis-applied to the WDHWB.

7.8 Disqualifications In accordance with the Local Authority (Public Health, Health and Wellbeing

Boards and Health Scrutiny) Regulations 2013:-

� Section 104(1) of the Local Government Act 1972 (disqualification of membership for committees and joint committees) does not apply in relation to the WDHWB or a sub-committee of the Board.

� Voting restrictions have been lifted so that non-Elected Members of the

WDHWB (i.e. CCG representatives, Healthwatch, Officers of the Council and wider members) can vote alongside elected representatives on the Board.

7.9 Voting Any matter will be decided by a simple majority of those members voting and

present in the room at the time the question was put. If there are equal numbers of votes for and against, the Chair will have a second and casting vote.

The exception to this will be if the matter to be decided relates to a

commissioning decision. In this matter only the Local Authority and CCG/NHS England representatives as commissioners will vote when commissioning decisions are made at the WDHWB. This ensures the Board can meet its additional responsibilities for BCF from April 2015, under the legislative framework of the Care Act 2014.

7.10 Dispute Resolution

The parties shall use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to Better Care Fund. If any dispute cannot be settled amicably through ordinary negotiations, the Chair and Vice Chair will determine which Health and Wellbeing Board within West Yorkshire it should be referred for discussion and resolution.

Any costs emerging from the dispute resolution shall be met in equal shares by the Parties and will not be paid from the Contributions. Reciprocal arrangements will be offered to other Health and Wellbeing Boards to minimise any cost implications.

If the dispute remains after the meeting with another Health and Wellbeing Board has taken place, then the Partners will attempt to settle such dispute by mediation in accordance with the CEDR Model Mediation Procedure or any other model mediation procedure as agreed by the Partners.

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To initiate mediation, either Partner may give notice in writing (a "Mediation Notice") to the other requesting mediation of the dispute and shall send a copy thereof to CEDR or an equivalent mediation organisation as agreed by the Partners asking them to nominate a mediator. The mediation shall commence within twenty (20) Working Days of the Mediation Notice being served. Neither Partner will terminate such mediation until each of them has made its opening presentation and the mediator has met each of them separately for at least one (1) hour. Thereafter, paragraph 14 of the Model Mediation Procedure will apply (or the equivalent paragraph of any other model mediation procedure agreed by the Partners). The Partners will co-operate with any person appointed as mediator, providing him with such information and other assistance as he shall require and will pay his costs as he shall determine or in the absence of such determination such costs will be shared equally.

7.11 Code of Conduct / Declarations of Interests

The WDHWB as a Committee of the Local Authority is governed by the provisions of the Council’s Code of Conduct established in accordance with the requirements of Chapter 7 of the Localism Act 2011. All members of the Board are required to sign up to the Council’s Code of Conduct and to disclose any Disclosable Pecuniary Interest (DPI) that they are aware of. Members declaring a DPI at the meeting, subject to any dispensations granted under Section 33 of the Act, should leave the meeting room during the discussion and voting on the item concerned. If a Board member has a DPI, they must declare the existence and nature of the interest at the start of the meeting or when the interest becomes apparent during discussions. Members declaring an interest other than a pecuniary interest may stay in the room to speak and vote on the issue. All disclosed interests will be recorded in the Minutes of the meeting.

7.12 Urgent Matters Arising Between Meetings

Any urgent matters arising between meetings will be dealt with by the Chair after agreement between the Chief Executive of Wakefield MDC and the Chair of the CCG.

7.13 Secretariat Support Secretariat support for the WDHWB will be provided by Wakefield MDC. 8. Delegations

The WDHWB may arrange for any of its functions to be delegated to a Sub-Committee (the size and membership to be determined by the WDHWB) or by an Officer of the Council. Any actions or decisions taken will be reported to the next meeting of the Board.

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The WDHWB may also seek to establish task and finish groups as the need arises.

9. Engagement

Engagement and the involvement of various partners and stakeholders is one of the key factors that will enable an effective JSNA and HWS. The Board will therefore agree and review an Engagement Strategy setting out how the Board will engage with providers and commissioners of services that impact on the health and wellbeing priorities within the district and those living in the district.

10. Governance and Accountability

The Monitoring Officer, Wakefield MDC will monitor compliance with the board’s terms of reference.

The board will be accountable for its actions to its individual member organisations. It is expected that members of the board will have delegated authority from their organisations to take decisions within the terms of reference and will act in the best interests of the people of the district.

The Terms of Reference will be reviewed when necessary and recommended to Full Council for approval.

10.1 Confidentiality and Media Protocol Only the Chair (or in the chair’s absence, the Vice-chair) can authorise a statement made on behalf of the Board. Where the statement makes reference to a partner organisation, it must be agreed by that partner in advance of the statement being released. The Board can declare information to be confidential via discussions in a meeting. Any breach of confidentiality would be enforced through individual partners.

11. Overview and Scrutiny

An effective Overview and Scrutiny function is an important feature in helping to improve health and wellbeing outcomes and will be invaluable in providing insights for the WDHWB as they develop health and wellbeing strategies. The 2012 Act provides for the Overview and Scrutiny of the HWB to support accountability. Although individual Board members will be held to account in different ways (for example, CCGs are authorised and assessed by the NHS Commissioning Board) the WDHWB can be collectively held to account for its effectiveness by Overview and Scrutiny.

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Reviewing the activities of the WDHWB provides Overview and Scrutiny Members a unique democratic mandate to act across the whole health economy providing the checks and balance which will help ensure that: � The planning and delivery of healthcare reflects the views and aspirations of

local communities (by scrutiny of JSNA, HWS, commissioning plans and delivery strategies, structures and governance)

� All sections of a local community have equal access to health services � There is effective scrutiny of organisations, service delivery and performance

against outcomes. � All sections of a local community have an equal chance of a successful

outcome from health services (by bringing together a wide range of views, examining priorities and funding decisions across an area to help tackle inequalities and identify opportunities for integrating services)

The Local Authority have delegated this power and function to the Adults and Health Overview and Scrutiny Committee.

12. Complaints

Any complaints received will be investigated in accordance with the Council’s Complaints Procedure.

13. Contact Officer The lead contact officer for the Board is: Esther Ashman Head of Strategic Planning NHS Wakefield clinical commissioning group [email protected]

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Appendix 1

Wakefield District Health and Wellbeing Board Members

Core membership of the board will need to include the following representation from the organisations outlined below:

Wakefield MDC (7 representatives to include)

Cabinet Member for Adults and Health (Chair)

Member of Council

Member of Council

Chief Executive

Corporate Director Children & Young People

Corporate Director Adults Health and Communities

Director of Public Health (NHS Wakefield District/Wakefield MDC)

Clinical Commissioning Group/NHS England (7 representatives to include)

Chair of Wakefield Clinical Commissioning Group

Non-Executive Member of the Clinical Commissioning Group

Accountable Officer Clinical Commissioning Group

Clinical Commissioning Group Representative

Clinical Commissioning Group Representative

Director Commissioning for Integrated Care

NHS England Area Team Representative

Other Representatives (8 representatives to include)

Chair of Wakefield Wellbeing Consortia – Healthwatch Provider

Mid Yorkshire NHS Trust Representative

Spectrum Representative

Wakefield District Housing Representative

SWYPFT Representative

Voluntary Sector Representative

West Yorkshire Police Representative

West Yorkshire Fire Representative

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Financial Procedure Rules Introduction and Background 1 What are Financial Procedure Rules? 1.1 The Local Government Act 1972 (Section 151) requires that an employee of the

Council is recognised as the Responsible Financial Officer. Wakefield Council has designated the Chief Finance Officer as that officer.

1.2 The Accounts and Audit Regulations place a duty on the Chief Finance Officer to

determine the:

• Appropriate financial records, including the form of accounts and supporting financial records; and

• Systems of financial control.

1.3 The systems of financial control must include measures:

a) to ensure that the financial transactions of the Council are recorded as soon as, and as accurately as, reasonably practicable;

b) to enable the prevention and detection of inaccuracies and fraud; and c) to ensure that risk is appropriately managed.

1.4 The Chief Finance Officer has developed the following Financial Procedure Rules as part of the system of financial control. These Procedure Rules provide a framework for managing the Council’s financial affairs.

1.5 Each Financial Procedure Rule is supported by more detailed guidance and

procedures which set out how the Procedure Rules will be implemented. 1.6 The Chief Finance Officer has responsibility for the preparation, review and

amendment of these Financial Procedure Rules. They should be read in conjunction with the other governance rules and procedures contained within the Council’s Constitution. In particular, any required decision must comply with the rules outlined in Article 13 on decision-making, particularly delegated decisions.

1.7 The Chief Finance Officer has responsibility for the administration of the

Council’s financial affairs. Any issues of uncertainty in the interpretation of these Procedure Rules should in the first instance be referred to the specified contact for that regulation.

2 Who do Financial Procedure Rules apply to? 2.1 Financial Procedure Rules apply to everyone involved in financial transactions on

behalf of the Council. Not every rule will be relevant to all colleagues. 2.2 Financial Procedure Rules also apply to Council employees, when they are

acting in an official capacity as Council staff, dealing with non-Council monies.

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2.3 Schools have separate Financial Procedure Rules. 2.4 Failure to comply with Financial Procedure Rules could result in disciplinary

action. 3 Why are they important? 3.1 To conduct our business effectively, we need to ensure that sound financial

management arrangements are in place and that they are complied with in practice. Part of this process is the establishment of Financial Procedure Rules which set out the financial responsibilities of the Council. These procedures have been devised as a control to help the Council manage its financial affairs properly in compliance with all necessary requirements.

3.2 In order to continually meet the Council’s best value duty, it is vital that we

maintain good, sound financial management which helps to ensure that the Council is doing the right things, in the right way, for the right people, in a timely, inclusive, open, honest and accountable manner.

3.3 Adherence to these Financial Procedure Rules will help us to control spending,

ensure due probity of transactions and allow decisions to be informed by accurate accounting information. They also protect colleagues, in that if they are complying with the Procedure Rules, they cannot be subject to criticism

3.4 Good financial management requires secure and reliable records and systems to

process transactions and information and substantiate the effective use of public money.

3.5 Financial Procedure Rules should not be seen in isolation, but rather as part of

the overall regulatory framework of the Council as set out in the Constitution. They will underpin and complement directorate procedures.

4 Key Principles 4.1 Colleagues should have regard to the following principles:-

• Budgets must not be overspent.

• Only goods, works and services legitimately required by the Council should be purchased.

• All spend should represent good value for money.

• All income due must be collected, held securely and banked promptly and intact.

• Assets should be managed in an efficient and effective manner.

• A principal of common sense should underpin all transactions performed on behalf of the Council.

5 Who is responsible for ensuring that they are applied?

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5.1 The Procedure Rules often refer to Corporate Directors as being responsible,

and whilst Corporate Directors are ultimately responsible for ensuring that Financial Procedure Rules are applied and observed by their staff and for reporting to the Chief Finance Officer any known or suspected breaches of the Procedure Rules, it is important that all colleagues involved in financial transactions are aware of their personal responsibility.

5.2 The Chief Finance Officer is responsible for issuing advice and guidance to

underpin the Financial Procedure Rules. 5.3 The Chief Finance Officer is responsible for maintaining a continuous review of

the Financial Procedure Rules. 6 Waivers of Financial Procedure Rules 6.1 There are expected to be very few instances when it would be appropriate not to

comply with Financial Procedure Rules. Waivers of Financial Procedure Rules can only be approved by the Chief Finance Officer, and will only be agreed where it can be shown that a waiver would not result in unnecessary financial risk or loss.

6.2 To request a waiver of Financial Procedure Rules, colleagues should contact Chief Finance Officer, explaining the circumstances and the reason that a waiver

is being requested. 7 General 7.1 For each Financial Procedure Rule an owner will be nominated who will have

overall responsibility for ensuring that it is:

• Modern and proportionate

• Communicated

• Regularly reviewed

• Complied with

Where appropriate, the owner of the Financial Procedure Rule will provide details of training and development available and how this can be accessed.

7.2 If you would like to propose amendments to a particular Financial Procedure

Rule, you should contact the owner. This includes where you feel that the controls are not proportionate to the risk, or where you feel that the Regulation has not been updated to match changes in technology, systems or procedures.

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1. Budget Management Objective

To ensure that budget monitoring is both accurate and timely and enables the Council to effectively manage its financial affairs.

Key Risk(s)

Budgets overspend resulting in available reserves falling below the minimum level required to cover the Council’s financial risks. Council’s financial position is unsustainable in the medium term. Poor financial decisions due to inaccurate financial information.

Key Rule(s)

Corporate Directors must ensure that all budgets are allocated to a named budget holder. Named officers will be deemed responsible for managing and monitoring their budget with support from Finance and comply with the roles and responsibilities set out in the budget management guidelines. All budget monitoring information will be recorded on the Council’s financial ledger system (Agresso) in order to feed into corporate financial reporting.

Contact

Service Manager – Financial Management

Guidance

Revenue Budget Monitoring Procedure

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2. Capital Expenditure Objective

To ensure that the preparation, approval and monitoring of the Council’s capital expenditure is robustly controlled.

Key Risk(s)

Failure to deliver capital schemes to time, cost and quality requirements. Incorrect distinction between capital and revenue expenditure Unapproved capital spending. Capital expenditure does not reflect council priorities. Insufficient resources to fund the capital expenditure and / or the revenue implications of the scheme. Council resources are not prioritised.

Key Rule(s)

The Capital Programme and Capital Strategy is approved by Full Council prior to the start of the financial year. Updates to the Capital Programme are reported to Cabinet and Council not less than twice each financial year. Corporate Directors are responsible for capital schemes within their directorate and must ensure that the Capital procedures are complied with. The Chief Finance Officer must provide management information to enable Corporate Directors to manage their respective capital programmes. Corporate Directors are responsible for ensuring value for money for each capital project and that approved costs are not exceeded. Only costs which meet the statutory definition of capital expenditure for Local Authorities can be charged to capital schemes. Injections must be approved in accordance with the Capital Procedures. Corporate Directors should have in place a Project Start Approval for full project costs prior to committing expenditure other than design fees and surveys.

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Corporate Directors should ensure that appropriate professional advice is sought (to include but not restricted to financial, legal, procurement) prior to Project Start Approval in accordance with Capital Approvals and Reporting Framework.

Contact


Guidance

Capital Guidance

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3. Revenue Budget Preparation, Control and Accounting Objective

To ensure that the Council’s budget setting process and subsequent accounting is accurate, timely and meets all statutory and corporate requirements,

Key Risk(s)

Budgets overspend resulting in available reserves falling below the minimum level required to cover the Council’s financial risks. The Council’s financial position is unsustainable in the medium term. Poor financial decisions due to inaccurate financial information.

Rule(s)

Accounting and budgeting procedures and policies must be complied with. All financial transactions, budgets and budget forecasts must be maintained on the Council’s financial ledger system (Agresso) unless otherwise agreed by the Chief Finance Officer. All financial transactions of the Council must be recorded as soon as, and as accurately as, reasonably practicable. The General Reserve must be approved and maintained in accordance with the Council’s Reserves Policy. All appropriations to and from earmarked reserves must be in accordance with the Council’s Reserves Policy. Legal entities and other arrangements for which the Council has financial responsibility must operate in accordance with the Council’s Financial Procedure Rules and related policies and procedures unless otherwise agreed by the Chief Finance Officer. The approved budget can only be amended in accordance with virement procedures and delegated limits as agreed annually by Full Council. The Chief Finance Officer must be consulted before entering in to the following types of arrangement:

• A lease or similar arrangement.

• A loan.

• A financial guarantee.

• A payment in advance.

• Non-monetary (or part) exchange of assets.

• Non-standard contract terms.

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Contact


Guidance

Revenue budget procedures Virements policy Risk-based Reserves policy

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4. Grants & Contributions Given Objective

To ensure that all grants and contributions made to the council are appropriate, provide value for money and associated outcomes are achieved.

Key Risk(s)

Grants and contributions given are not in accordance with Council priorities. The awarding of grants and contributions is seen as unfair and open to challenge. Grants and contributions are not spent in line with the agreed terms and conditions and the required outcomes of the funding are not achieved.

Key Rule(s)

Ensure that organisations in receipt of grant aid demonstrate that they are competent and suitable organisation to receive public monies. Grants and contributions must only be given in accordance with the Council priorities and awarded on a fair and equitable basis. The grant or contribution should represent value for money and not duplicate other funding provided by the Council or other organisations. All grants and contributions must be awarded and monitored with a written agreement stating appropriate terms and conditions. Terms and conditions must include required outcomes; how such outcomes will be measured and the obligations to repay the funding if terms are not met. Appropriate action must be taken to reclaim funds when breaches of terms and conditions occur and / or outcomes are not achieved.

Contact


Guidance

Financial Procedure Rule Toolkit

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5. Grants and Contributions Receivable Objectives

To ensure the Council takes advantage of all opportunities to maximise resources in delivering it’s strategic priorities by securing external grants and contributions. To ensure the proper management of the obligations arising from a successful award of external funding

Key Risk(s)

Failure to maximise grant drawdown/non delivery of outputs/outcomes. Exposure to grant clawback arising from non-compliance with terms and conditions. Future commitments placing pressure on existing budgets.

Key Rule(s)

Identification of opportunities is the responsibility of Corporate Directors. Corporate Directors must ensure that grants and contributions in their service areas are properly evidenced, regularly monitored, promptly claimed and that all relevant terms and conditions are met. The Chief Finance Officer shall be consulted prior to the submission of applications for funding, including any requirements for match-funding. The Chief Finance Officer must also be consulted where the Council is the accountable body and where the funder requires an external audit. The Chief Finance Officer must be given all evidence needed to so that grants can be claimed in a timely and accurate manner. Such evidence must be provided within the appropriate timeframe to allow the Chief Finance Officer time to evaluate and, if necessary, question the information provided. All relevant and significant grant claims must be signed off by the Chief Finance Officer. The Chief Finance Officer is responsible for ensuring that all grant monies are claimed are received and accounted for correctly.

Contact


Guidance


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6. Bank Accounts Objective

To ensure that all bank accounts operate in a secure and approved way. For the purposes of this regulation the term bank account covers all bank accounts, sub-imprest accounts, building society accounts and other holdings with third party financial institutions to which officers of the council are signatories.

Key Risk(s)

Bank accounts may be created and used for unapproved activities. Insufficient controls are in place for the Council’s banking arrangements, increasing the risk of fraudulent or unapproved transactions.

Key Rule(s)

The Chief Finance Officer must approve the opening or closing of any bank account operated on behalf of the council. Only methods of payment approved by the Chief Finance Officer may be used. All bank accounts must be set up and operated in accordance with the bank and imprest account operating procedure guidance notes. Overdraft facilities or other borrowing arrangements must not be agreed without the express permission of the Chief Finance Officer.

Contact

Service Manager – Business and Transactional Services

Guidance

Bank and Imprest Account Operating Procedure Guidance Notes

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7. Treasurer, Accountable Body & Other Similar Financial Arrangements

Objective

To ensure that the financial affairs of legal entities and other arrangements for which the Council has responsibility are managed in a secure and effective manner.

Key Risk(s)

Funds are misappropriated or used for unauthorised purposes. Impact on the council’s financial reputation due to inaccurate or misleading financial reporting. Poor financial decisions due to inaccurate financial information.

Key Rule(s)

The Chief Finance Officer must agree to undertake the financial responsibilities for such arrangements, except where the council has a legal obligation to do so. Corporate Directors must ensure that an appropriate colleague is appointed to manage arrangements covered by this regulation. All financial reporting must comply with appropriate accounting standards. Budgets must be set, monitored and reported to the Chief Finance Officer in line with the guidance and timetable issued. All accounting records and budgets must be maintained on the Council’s Financial Management System (Agresso) unless otherwise agreed by the Chief Finance Officer. The Chief Finance Officer must be consulted on all investment decisions taken. All such arrangements must comply with the council’s Financial Procedure Rules unless otherwise agreed by the Chief Finance Officer.

Contact


Guidance


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8. Control of Assets (excluding land and property) Objective

To ensure that Assets are correctly acquired, kept securely and disposed of appropriately.

Key Risk(s)

Inappropriate items may be purchased which are not for Council use, or where there is no business need. Assets may be misappropriated or used in an inappropriate way. Contingency plans for the security of assets and the continuity of service in the event of disaster, significant event or system failure are not robust. Data protection legislation isn’t complied with. Software and other intellectual property is not used in accordance with licensing agreements.

Key Rule(s)

Assets should only be purchased by authorised officers and in accordance with the approved procurement and payment procedures. Proportionate arrangements should be in place to safeguard assets, including those owned by third parties. Service Directors are responsible for maintaining proper security of all assets, including data and information. Assets should only be disposed of in accordance with the Control of Assets Procedure Manual including Lost/Found Property. All inventories must be kept in line with the Control of Assets Procedure Manual including Lost/Found Property. When an officer has to look after private property they must make a complete inventory of the property under their custody, and make arrangement for its safekeeping, including instructions on how to dispose of the property if the client dies. Service Directors must ensure that when an employee has to look after money not belonging to the Council, that they keep it separate from Council monies and make arrangements for its recording and safekeeping.

Contact


Guidance

Control of Assets Procedure Guidance

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9. Stocks and Stores Objective

To ensure that the Council securely holds appropriate stock levels.

Key Risk(s)

That the Council holds too much stock which ties up resources (both financial and space). A risk that stock becomes obsolete That the Council doesn’t hold enough stock to operate efficiently and effectively.

Key Rule(s) Corporate Directors must ensure that proportionate arrangements are put in place to safeguard stocks and stores under their control, in accordance with the stocks and stores guidance. A person(s) must be nominated as responsible for the management and security of the stocks and stores. When a stock of goods is maintained there should be an inventory or stock record as appropriate for the value of the stock. Regular stock-takes, at least annually, should be carried out. Any variances should be reported and investigated as appropriate. At the end of the financial year the method of stock valuation detailed in the close of accounts guidance must be complied with.

Contact


Guidance


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10. Land and Property Objective

To ensure that there are effective controls in place for all property matters including acquisition, disposal, lease, licence or use of property so that the Council’s portfolio is managed in an efficient, effective and secure manner.

Key Risk(s)

The Council incurs additional costs in operating its land and buildings portfolio due to:

• the retention of under-utilised property

• inefficient use of land and buildings

• the retention of buildings which are not fit for purpose

Key Rule(s)

The Corporate Director (Regeneration and Economic Growth) is responsible for all acquisitions, disposals, leading and licencing of all land and/or buildings. Therefore all other directors must engage with the Corporate Director (Regeneration and Economic Growth) at the start of any initial consideration around;

• acquisition or disposal of land and/or buildings owned by the Council.

• change in the use of any land and/or buildings owned or occupied by the Council

• proposal to substantially reconfigure of refurbish Council owned or occupied buildings

• change in the occupancy of buildings owned or occupied aby the Council;

• lease or licence of land and/or buildings

• use of Council land and/or buildings for the purpose of generating additional revenue income

In relation to the above, the Corporate Director (Regeneration and Economic Growth) will then advise on the appropriate approval process to be followed taking into account the Council’s overall strategic priorities. Where a building and/or land is no longer required then it should be declared surplus for service delivery purposes without delay. Where a service is vacating a building (or part) then the surplus property handover procedure in the land and buildings guidance must be adhered to.

Contact

Corporate Property and Estates Manager

Guidance

Land and Property Toolkit

206

11. Income Objective

To ensure that income due is collected, banked and accounted for in an efficient and secure manner.

Key Risk(s)

Loss of income due to the Council through non-identification, non-collection or theft. Inefficient collection of income.

Key Rule(s)

Where set Income Collection and Banking procedures exist they must be followed and any changes from the procedures must be in an agreed manner. A consistent treatment must be applied in each specific area of debt collection. All monies received on behalf of the Council must be recorded and where requested a receipt issued. All monies received on behalf of the council must be paid intact into the council’s income account and recorded in the Council’s Financial Management System in a timely manner. All monies for the Council must be paid into an authorised bank account. A clear distinction must be made between write-offs and credit notes/cancellations and the Income Procedural Guidance Notes must be complied with.

Contact


Guidance

Income Procedural Guidance Note

207

12. Insurance Objective

To ensure that the insurance risk across the council is managed efficiently and effectively.

Key Risk(s)

Failure to secure appropriate insurance arrangements leaves the council lacking cover in the event of a significant loss. Failure to seek the appropriate insurance advice when taking decisions could impact adversely on the council’s insurance risk.

Key Rule(s)

The Chief Finance Officer is responsible for arranging all insurance. The Chief Finance Officer is responsible for determining the extent of insurance cover, after consulting Directors. Directors must manage insurance risks within their directorate. This includes:

- notifying the Chief Finance Officer of the nature and extent of any new insurable risks and of any alterations to currently insured risks,

- consulting with the Chief Finance Officer at an early stage in projects/decisions that may have insurance implications. This consultation must be undertaken well in advance of the drafting of any legal agreements or any form of commitment made by the council,

- immediately notifying the Chief Finance Officer of any loss, liability or damage,

- Supplying information to the Chief Finance Officer, Legal Services or the Council’s insurers.

The Insurance Procedural Guidance Note must be complied with.

Contact


Guidance

Insurance Procedural Guidance Note

208

13. Treasury Management Objective

To ensure that all investment and borrowing is valid, accurate, efficient, properly accounted for and in accordance with statutory and corporate requirements.

Key Risk(s)

Inefficient borrowing may have an adverse impact on the council’s financial resources. Failure to recover investment monies from counterparties.

Key Rule(s)

The Chief Finance Officer is responsible for treasury management and no other employees, unless named in the officer scheme delegation, must borrow or invest council monies. Monies are invested in accordance with the treasury management strategy approved each year by Council. The Chief Finance Officer will report on treasury management policies, practices and activities, including as a minimum, an annual strategy and plan in advance of the year, a mid year review and an annual report in the form set out in the Treasury Management Practices. The Council delegates responsibility for the implementation and monitoring of its treasury management policies and practices to Cabinet and for the execution and administration of treasury management decisions to the Chief Finance Officer who will act in accordance with the Council’s strategy statement and Treasury Management Practices and CIPFA’s Standard of Professional Practice on Treasury Management. The Audit Committee is nominated by the Council to be responsible for ensuring effective scrutiny of the treasury management strategy and policies.

Contact


Guidance

Treasury Management Policy Statement Treasury Management Strategy Investment Strategy Treasury Management Practices

209

14. Bequests, Trusts, Client & Amenity Fund Monies Objective

All Bequests, Trusts, Client & Amenity funds are correctly managed and monitored.

Key Risk(s)

Funds may be misappropriated or lost within the Council’s overall funds.

Key Rule(s)

Where gifts or bequests are received by the Council, details of the donor should appear on the inventory. All trusts should, wherever possible, be in the Council’s name unless otherwise stated in the trust deeds, or where charities legislation dictates otherwise. Officers acting as trustees by virtue of their official position must deposit all documents of title relating to the trust with Legal Services, who must maintain a register of all such documents. The financial management of all bequests and trusts must be reported to the Chief Finance Officer or their representative. For further details refer to the Bequests and Trusts Guidance Note. Where an employee of the Council is responsible for a fund not belonging to the Council, the Corporate Director concerned shall ensure that the fund is properly administered and that it is audited, where appropriate, by persons having knowledge of the fund’s purpose. Any proposed unofficial funds shall require the prior approval of the Corporate Director who must maintain a record of all such funds and ensure that officers are appointed to administer each fund. The Chief Finance Officer is to have access to any records relating to such funds, and must be informed immediately of any irregularities in connection with them. A private fund can only be set up if the Chief Finance Officer is made aware and with the approval of a Corporate Director. It must be audited every year by two independent individuals or a CCAB/CIMA qualified accountant.

Contact


Guidance


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15. Purchase and Payments Objective

Goods, works and services legitimately required by the Council are appropriately purchased and paid for, and in compliance with the Council’s Contract Procedure Rules.

Key Risk(s)

Inappropriate items may be purchased which are not for council use, or where there is no business need. Rogue spend and/or use of suppliers for goods and services for which an approved contracted supplier is in place. Incorrect amounts or duplicate payments may be paid to suppliers. Penalties for the late payment of invoices. Theft, loss or misuse of Purchase Cards and Petty Cash Budget overspent Adverse impact on the reputation of the council.

Key Rule(s)

Purchasing and payment for goods, works and services must only be undertaken by authorised officers and in accordance with the approved purchase and payment procedures as defined by the Chief Finance Officer. Any variation to the procedures must be agreed by the Chief Finance Officer. Before goods, works or services are ordered the authorised officer must apply the following tests;

• ‘Has the service needs and objectives been obtained?’

• ‘Is it affordable?’

• ‘Is it Value for Money?’

• ‘Is there financial provision?’

Procurement of all Goods, Services and Works by the Council, including the procurement of Income Contracts and Concession Contracts, must be in line with Contract Procedure Rules In order to ensure a commitment is generated and a payment is made promptly, an official order must be raised through authorised systems. Once the goods are received the official order must be updated to reflect this. Before authorising a payment, it must be ensured that the

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goods, works or services have been properly ordered, there is proof of receipt and the invoice is accurate. To ensure prompt payment, Invoices must be sent to the Central Scanning Team within 10 days of receipt. All payment feeder systems must be authorised by the Chief Finance Officer, who will ensure appropriate controls are in place for the generation and authorisation of payment files. All purchasing card transactions must be reviewed and authorised on a regular basis. All use of Petty Cash must be reviewed, authorised and independently reconciled on a regular basis, and payments must be limited to minor items or expenditure. All receipts for Payment Card and Petty Cash transactions must be retained, and if vat is claimable, a proper vat receipt obtained.

Contact


Guidance

Orders and Payments Operating Procedure Guidance Notes Contract Procedure Rules

212

16. Payroll and Pensions Objective

To ensure that payments to employees are accurate, timely, made to the right people and in accordance with the individuals’ terms and conditions of employment with the Council and are compliant with statutory regulations.

Key Risk(s)

Incorrect or late payments may be made to employees. Inaccurate or incomplete records held on the payroll system. Incorrect or late pay-overs to statutory bodies. Penalties for inaccurate/late submission of returns. Penalties for late payments to HMRC or Pension Providers. Budget overspent. Adverse impact on the reputation of the Council.

Key Rule(s)

In order to ensure correct treatment for tax, national insurance and pension, all salary payments including Members, casual workers and Off Payroll Workers must be processed through the Council’s payroll system. To arrange and control secure and correct payment of salaries or other emoluments to existing and former employees, in accordance with council procedures within the predetermined and legislative deadlines. All permanent and temporary changes to employees terms and conditions affecting payroll and pensions must be notified to the Chief Finance Officer promptly and accurately, and be in accordance with approved terms and conditions and statutory legislation. To ensure all appropriate payroll and pension documents are retained and stored for the defined period in accordance with the document retention schedule and legislation. To ensure statutory returns are submitted to HMRC and appropriate pension providers within deadlines.

Contact


Guidance

Payroll and Pensions Operating Procedure Guidance Notes

213

17.Fees & Charges Objective

Fees & charges are set to ensure full costs recovery and are regularly reviewed to ensure that they continue to do so.

Key Risk(s)

Unapproved subsidy of services provided to third parties Out of date fees and charges Negative impact on Council budgets

Key Rule(s)

All Fees and Charges must be reviewed at least once per year as part of the Council’s annual budget process. Within the annual review all fees and charges which are locally determined should be increased in line with the inflation rate provided by the Chief Finance Officer. Charges should be set at a level to ensure that all relevant costs are fully recovered, unless agreed otherwise. Any proposed changes to locally determined fees and charges, which are above or below the required level of inflation, or any proposals not to increase charges, must be referred to the relevant portfolio holder, who may take a delegated decision to approval the proposals, after considering relevant financial and legal advice. Alternatively the portfolio holder may request that a report is submitted to Cabinet for approval. The introduction of any completely new fee or charge, arising due to changes in policy or new policies, must be referred to Cabinet for approval.

Contact


Guidance

Fees and Charges Policy

214

18. Internal Audit Objective(s)

To promote an effective Internal Audit Service, on behalf of the Chief Finance Officer, in line with legislation and the appropriate audit standards. To provide an independent and objective assurance designed to add value and improve the Council’s activities. To help the organisation accomplish its objectives by bringing systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes.

Key Risk(s)

That the Council may operate in an inefficient and ineffective way and not achieve value for money. That the Council’s key controls do not operate as intended and do not protect against fraud, theft, inefficiency and error.

Key Rules

The Chief Finance Officer must ensure that the Council has an effective Internal Audit function. The Service Manager (Internal Audit and Risk) must be able to report without fear or favour, in their own name to the Chief Executive, Cabinet and Audit Committee as well as the scrutiny functions. All audit work must be conducted in accordance with the appropriate professional standards. Corporate Directors must ensure that Internal Audit is allowed to:

• Enter all Council premises and land at all reasonable times.

• Access all records, documents, data and correspondence relating to all transactions of the Council, or unofficial funds operated by an employee as part of their duties.

• Receive all explanations as are necessary concerning any matter under examination.

• Require any employee of the Council to produce cash, stores or any other property under their control, belonging to the Council or held as part of the employee’s duties.

Contact

Service Manager – Internal Audit and Risk

Guidance

Internal Audit Charter

215

19. Taxation Objective

To ensure that taxation is correctly accounted for and any risks are effectively managed.

Key Risk(s)

Incorrect accounting of taxation resulting in penalties from HMRC. Failure to comply with current HMRC rulings. Inefficient taxation treatment leading to financial resources not being fully maximised.

Key Rule(s)

The Chief Finance Officer must be consulted on:

- the nature and extent of any new agreements or alterations to existing arrangements where there may be taxation risks or potential taxation liabilities,

- projects/decisions that may have taxation implications

This consultation must be undertaken well in advance of the drafting of any legal agreements or any form of commitment made by the council. Taxation guidance, including statutory HMRC rules, must be complied with.

Contact


Guidance

Taxation Operating Procedure Guidance Notes

216

20. Fraud and Corruption Objective

To ensure that the Council is committed to and promotes and culture of counter fraud and a zero tolerance against fraudulent activity.

Key Risk(s)

That the Council may be subject to fraud resulting in the potential loss of resources and/or reputational damage.

Key Rules

That whenever any issue arises that involves, or could involve irregularities in respect of cash, stores or other Council property or any suspected irregularity in the exercise of the functions of the Council, including bequests, trusts and client monies, it must be immediately brought to the attention of the relevant Corporate Director. Where the irregularity is thought to involve fraud, corruption or impropriety the Corporate Director must ensure that the matter is reported to the Service Manager (Internal Audit and Risk) immediately. If the irregularity or suspected irregularity involves theft or suspect theft of assets, it must also be reported to the Police.

Contact

Service Manager – Internal Audit and Risk

Guidance

Anti-Fraud & Bribery Policy & Strategy Statement

Version 4 Last Revised: May 2018

WAKEFIELD COUNCIL

CONTRACT PROCEDURE RULES

218

CONTENTS

1. Introduction 222 2. Compliance with Contract Procedure Rules 2.7 EU Threshold

224 226

2.10 Partnerships

226

3. Estimating Contract Values 227 4. Existing Arrangements and In house Services 228 5. Public to Public Contracts 229 6. Concession Contracts 229 7. Engagement of Consultants

229

8. Framework Agreements and Dynamic Purchasing Systems 230 8.1.1 Call Off Arrangements 230 8.1.7Establishing a Framework Agreement

231

9. Pre Procurement Activity 9.1.1 Contracts Valued Between £25,001 and £99,999 9.2 Contracts Valued £100,000 and above 9.3 Identification of Stakeholders 9.4 Market Engagement 9.5 Identification of Risks 9.6 Development of a Procurement Business Case 9.6.3 Financial Implications 9.6.4 Social Value 9.6.5 Transactional Implications 9.7 Development of Tender Documentation

232 232 232 232 233 233 234 234 235 236 236

10 Normal Procedure 10.1.1 Contracts Valued up to £25,000 (Inclusive) 10.1.5 Contracts Valued from £25,001 - £99,999 10.1.14 Contracts Valued from £100,000 - £181,301 10.1.19 Light Touch Regime Contracts Valued £181,302 EU Threshold Concession Contracts Valued £181,302 EU Threshold and Works Contracts Valued 181,302 10.1.23 All Contracts Valued above the EU Threshold 10.1.32 Timelimits

237 237 237 239 239 240 241

11. Receipt and Custody 241 12. Extending Tender Deadlines and Late Submissions 242 13 Opening (Verification) 242 14. Evaluation 14.7 Alterations 14.8 Due Diligence 14.9 Approval 14.9.3 Contracts Valued Between £25,001 and £99,999 14.9.4 Contracts Valued £100,000 and above

241 242 243 243 244 244

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15. Acceptance 244 16. Award 244 17. Exceptions 245 18. Contracts and Purchase Orders 248 19. Contract Management 250 20. Variation /Modification/Termination to Contracts 251 21. Extending Existing Contracts Appendix 1 – Minimum Timescales

251 252

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1. INTRODUCTION 1.1 Procurement is the process by which the Council manages the acquisition of all its

Goods, Services and Works. It includes the identification of need, consideration of

options, the actual procurement process and the subsequent management and

review of the contracts, as illustrated below in the procurement cycle:

1.2 These Contract Procedure Rules (CPRs) provide a corporate framework for the

procurement of all Goods, Services and Works by the Council, including the

procurement of Income Contracts and Concession Contracts (defined below).

These CPRs are designed to ensure that the Council obtains value for money

along with the required level of quality and performance in all the Contracts it

enters into. The disposal of equipment assets is not within the scope of these

CPRs. The Control of Assets Procedure Manual outlines the process to be

adopted in these situations.

1.3 In these CPRs the following definitions apply:

Authorised Officer means any officer involved in undertaking procurement activity

on behalf of the Council;

Identify need

Identify stakeholders

Consult with stakeholders and

identify risks

Develop business case

Develop tender documentation

Undertake procurement

process

Award and implementation

of contract

Contract management

Exit strategy / lessons learned

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Chief Officer means one of the following; Chief Executive, Corporate Director, Chief Finance Officer or Service Director for the Service;

Concession Contracts

means a Contract under which the execution of works or the provision and management of services is entrusted to one or more providers, the consideration for which is the right to exploit those works or services. Usually this will involve a transfer of operating risk to the Contractor and them receiving payment from third parties, not wholly from the Council;

Contract means any form of contract, agreement for the supply of Goods, Services and/or Works that the Council enters into;

Contractor means any person, partnership, company or any other organisation which provides or offers Goods, Works and/or Services to the Council;

DPS means a Dynamic Purchasing System which is a completely electronic system which may be established between the Council and/or other public bodies and one or more Contractors to purchase commonly used Goods, Works or Services where the volumes to be delivered are not set out at the outset;

Duty of Best Value Means the Council’s statutory duty under the Local Government Act 1999 to secure continuous improvement in the way the Council’s functions are exercised having regard to a combination of economy, efficiency and effectiveness and in consideration of the overall value of Contracts (including their economic, environmental and social value);

FOI means the Freedom of Information Act 2000, Environmental Information Regulations 2004, Local Government Transparency Requirements and any other law which places the Council under an obligation to disclose or publish information;

Framework Agreement

means an agreement between the Council and/or other public bodies and one or more Contractors where the volumes to be delivered are not set out at the outset but which establish terms (including price) and standards under which the Contractor will enter into a Contract to provide Goods, Works and/or Services;

Goods means all supplies and materials that the Council purchases or obtains;

Income Contract means any Contract that the Council enters into that generates income for the Council or by their operation establish a right for a Contractor or a third party to generate an income;

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Light Touch Regime

means the parts of the Regulations which apply to the procurement of Contracts for ‘social and other specific services’ (defined at Schedule 3 of the Regulations) that are deemed to be of lower interest to cross-border competition;

Local Government Transparency Requirements

means the legislation and statutory codes requiring the Council to publish information such as the Local Government Transparency Code and the Regulations;

Regulations means the Public Contracts Regulations 2015 (as amended) and/or the Concession Contracts Regulations 2016 (as applicable) as supplemented by the EU Directives on the procurement of Goods, Works, Services and Concessions and as amended and supplemented by the European Court of Justice (often referred to as the ‘EU procurement rules’);

Services means all services which the Council purchases or obtains;

Wakefield District means the geographical area served by the Council; and

Works means the execution, or both design and execution, of construction works and civil engineering works including the execution of repairs in relation to those works.

1.4 All values referred to in these CPRs are exclusive of Value Added Tax (VAT).

1.5 Any dispute regarding the interpretation of these CPRs shall be referred to the

Chief Finance Officer for resolution.

1.6 The Chief Finance Officer shall formally review these CPRs at least annually.

2 COMPLIANCE WITH CONTRACT PROCEDURE RULES 2.1 The provisions contained in these CPRs are subject to the statutory requirements

of both the European Union and the United Kingdom Government. The letting and

content of Contracts shall conform to all statutory requirements relating to

Contracts and procurement. This requirement cannot be waived, since a failure to

comply with legislation may result in a legal challenge with consequent

reputational and/or financial risk.

2.2 In addition where specific statutory procedures are prescribed for certain types of

procurement or Contract, then these procedures must be followed at all times. In

any case where the Council approves, through a resolution of its Cabinet, to have

separate procedure rules for particular types of Contract, then such rules (which

must be prepared in consultation with the Chief Executive and the City Solicitor)

will take precedence over these CPRs.

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2.3 Subject to CPR’s every Contract for the supply of Goods and Services and for the

execution of Works made by or on behalf of the Council shall comply with these

CPRs, the Council’s Financial Procedure Rules (set out in the Constitution) and

the Council’s Procurement Strategy. All Council employees and any third party

providers engaged to procure, manage or supervise a Contract on behalf of the

Council must be provided with a copy of (or access to) these CPRs and comply

with them.

2.4 Any exception to these CPRs must only be made with the written authority of the

Chief Finance Officer (for exceptions valued £100,000 and above) or the Service

Manager – Corporate Procurement (for exceptions valued between £25,001 and

£99,999) and the relevant Chief Officer concerned in accordance with CPR 17.4.

Such exceptions should not be treated as the norm and early advice must always

be sought from the Corporate Procurement Team and the City Solicitor’s Office

before applying an exception.

2.5 All procurement activity must be undertaken with regard to high standards of

probity and in accordance with the relevant sections of the Council’s Constitution,

this includes ensuring the correct approval processes are followed. Where

procurement activity is determined to be a Key Decision (as defined in the

Constitution) an executive decision must be sought prior to any commitments

being made. Officers should contact the City Solicitor’s Office for further

information.

2.6 All officers should manage procurement activity in accordance with the Duty of

Best Value and, where appropriate, or necessary to comply with statutory

obligations, in a manner that is non-discriminatory, transparent and fair; and

avoids any conflict of interest. If any conflicts of interest do arise, these should be

referred immediately to the City Solicitor and recorded in the Register of Interests.

2.7 The Regulations require tenders to be advertised in the Official Journal of the

European Union (OJEU) where the value exceeds (at January 2018), net of VAT;

a. £4,551,413 for works;

b. £181,302 for the purchase of goods;

c. £615,278 for social and other specific services (subject to the Light Touch

Regime);

d. £4,551,413 for Concession Contracts; and

e. £181,302 for all other services.

2.8 Service Directors are responsible for ensuring processes are in place to comply

with these CPRs and Regulations within their own service area.

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2.9 These CPRs do not apply in relation to the procurement of Legal Services in

respect of a specific matter which are in contemplation of;

• Arbitration conciliation;

• Judicial proceedings before the courts; and

• In the procurement of legal advice given in the preparation for any of the

proceedings referred to above, or where there is tangible indication and high

probability that the matter to which the advice relates will become the subject

of such proceedings.

However, no such Services shall be procured without the approval of the City Solicitor.

2.10 PARTNERSHIPS

2.10.1 The CPRs apply to any proposal for the Council to become involved in a joint

venture or partnership agreement, including the monitoring of any such

agreement.

a) In relation to the CPRs, a joint venture or partnership includes any arrangement

involving one or more organisations in addition to the Council through which

either a specific project or services within any of the functions of the Council are

to be performed; and

b) Provides a role for the Council or any of its members or officers in whatever

structure is used to deliver the project or services involved (such structures may

include, but not be limited to, companies, trusts and management committees).

2.10.2 Before any consideration is given to the Council entering into a joint venture or

partnership or a strategic service delivery partnership with any external

organisation; and in particular before any detailed negotiations are entered into or

before a Contract is made or undertaking given by or on behalf of the Council in

relation to a joint venture or partnership, the relevant Chief Officer must submit

detailed information concerning the joint venture or partnership to the Chief

Finance Officer. The Chief Finance Officer will liaise with the relevant Chief

Officer or his/her representative to ensure that an appropriate project board is

convened.

2.10.3 Any project to develop a strategic service delivery partnership (which may or may

not involve a transfer of staff to an external organisation) must be referred to the

Council’s Cabinet for:

a. Initial approval to commence the project; and

b. Approval to award the Contract, supported by a robust business case.

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2.10.4 Contracts of this nature may involve significant risks including staff transfer,

implications across a number of services or a significant potential for reputational

or financial risk. As such the processes must be managed in an appropriate

manner using Council approved project management methodologies and progress

reports must be provided to the Corporate Management Team (CMT) at key

milestones, which are to be agreed by the relevant Chief Officer.

2.10.5 Procurement processes for strategic partnerships, joint ventures and PFI projects

must include where relevant:

a) The issue of an information memorandum to prospective bidders setting out the

background to the project, the Council’s objectives and an outline of the

procurement process and timetable, with roles and responsibilities made clear.

b) An invitation to bidders to demonstrate their track record in achieving value for

money through effective use of their supply chain, including the use of small

firms. This should continue to be examined as part of contract management.

c) The inclusion in invitation to tender for partnerships, a requirement for bidders

to submit optional, priced proposals for the delivery of specified social benefits

which are relevant to the Contract and adds value to the Wakefield District

Good Growth Action Plan.

3 ESTIMATING CONTRACT VALUES 3.1 The method for determining the estimated total value of a Contract/Income

Contract, should be based on the total amount (net of VAT) which the Council expects to pay and/or any other forms of remuneration the Council, Contractor (or a third party) will receive by operation of the Contract over the term of the Contract. Such calculation must include, where relevant any maintenance and ongoing support costs. (Example calculation: Estimated Contract Value = (Annual Cost+other forms of remuneration) * Contract Length)).

3.2 In the case of a Goods or Services Contract that does not have a fixed

term/contract length (i.e. a consultancy project) the estimated contract value shall

be calculated based on the monthly value multiplied by 48.

3.3 In determining the value of a Contract, the Council must also include the potential

value of any options to extend that may be built into the Contract and take into

consideration the value of all lots where the Contract is being broken into multiple

lots.

3.4 When determining the value of a Framework Agreement the anticipated value of

all spend through that Framework Agreement including the spend of any other

contracting authorities (e.g. other local authorities) who are able to access the

Framework Agreement must be taken into consideration.

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3.5 Officers must ensure that estimated values are not disaggregated in an attempt to

avoid the applicability of these CPRs. Requirements must be calculated based on

all Council spend (i.e. the corporate requirement rather than an individual service

areas need).

3.6 Where a proposed procurement includes two or more types of provision (i.e.

Goods, Services or Works) the value shall be based on the provision that

characterises the main subject of the Contract in question.

4 EXISTING ARRANGEMENTS AND IN-HOUSE SERVICES 4.1 In all instances Goods, Services and Works must be obtained via appropriate

existing approved arrangements where these exist irrespective of value. Such

arrangements/services are detailed below, in order of priority (with a. being the

highest priority) in which they must be considered:

a. In-house services

Where the Council has an in-house service, external companies must not be used for these services unless the Service Manager responsible for the in-house service confirms specifically that they are unable to meet the requirements on that occasion.

b. Council partnership arrangements

Any requirement which includes architect, design, surveying, build, demolition or similar services (excluding Highway related services); property and estates management, facilities management, leases, rents, sale, acquisition, buildings health and safety, repairs/maintenance and minor/major works, premises support, logistical services, energy and utilities services, management of asbestos in Council premises and all other work in relation to building fabric management shall be referred to Property and Facilities Services Corporate Landlord Team for appropriate discussions to take place with the Council’s strategic partner, Engie, to either undertake the work directly or sub-contract the work and manage it on behalf of the Council. Only the Property and Facilities Services Corporate Landlord Team can deem a project to be unsuitable for the Council’s strategic partner to undertake; and could include instances such as:

• The work is of a specialist nature and the Council’s strategic partner is not

able to offer that specialism; or

• There are strategic reasons for sourcing the work elsewhere. This is subject

to the Council’s Contract Manager from within Property and Facilities Services

Corporate Landlord Team consulting with the Contract Manager from the

Council’s partner.

4.2 Information relating to the above arrangements will be published regularly on the

Council’s intranet.

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4.3 Where an existing arrangement or in-house service exists and the officer is

seeking to procure outside of these arrangements, the Authorised Officer is

required to maintain a documented audit trail to demonstrate the correct approval

has been granted from the relevant officer(s) to procure outside of these

arrangements.

5 PUBLIC TO PUBLIC CONTRACTS 5.1 If the Authorised Officer is considering entering into a contract with another public

body, early advice must be sought from the Corporate Procurement Team and the

City Solicitor’s Office. It should not be assumed that arrangements entered into

between the Council and other public bodies (e.g. other local authorities) are

outside the scope of EU public procurement law.

6 CONCESSION CONTRACTS 6.1 If the Authorised Officer is considering entering into an arrangement which could

constitute a Concessions Contract, early advice must be sought from the

Corporate Procurement Team and the City Solicitor’s Office.

7 ENGAGEMENT OF CONSULTANTS 7.1 Approval must be obtained from the appropriate Portfolio Holder and the

Corporate Director Business Change before engaging any consultant,

consultancy firm or external adviser. To obtain the correct approval, the following

e-form must be completed, which will then be emailed to the relevant Corporate

Director, who will be required to discuss this with the Corporate Director Business

Change and seek approval. A copy approval form signed by the Corporate

Director Business Change must be returned to the Corporate Procurement Team.

7.2 An Authorised Officer may only appoint external consultants or advisers providing

the professional or consulting services required are not available within the

Council. Where the service is available within the Council, but the service

concerned does not have the resources to meet the needs, this should be

addressed through temporary staffing arrangements rather than consultancy.

Where such services are available in-house, the Authorised Officer will be

required to follow the procedure outlined in 4.1 above.

7.3 The appointment of external consultants and advisers shall be undertaken in

accordance with the relevant sections of the Procurement Code of Practice – The

Use of Consultants and Advisers toolkit. Particular reference should be given

to determining the employment status of all external consultants in accordance

with the regulations laid down by HM Revenue and Customs.

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7.4 External consultants and technical officers engaged to procure or manage

Contracts must follow these CPRs and their Contracts must place them under

obligations to do so.

7.5 External consultants who are instructed to prepare procurement documents on

behalf of the Council must do so with regard to the Council’s standard

documentation and the documents prepared must be referred to the Corporate

Procurement Team for approval before they are published.

7.6 All Contracts for external consultants and advisers shall explicitly require that the

consultants or advisers provide without delay any or all documents and records

maintained by them relating to the services provided on request of the Authorised

Officer, and lodge all such documents and records with the appropriate officer at

the end of the Contract.

7.7 Where the engagement of a consultant is required to support a procurement

process or related project, the consultant must sign a confidentiality agreement

drafted by the City Solicitor’s Office and be bound by the confidentiality

requirements of the Local Government Act 1972, as amended.

8 FRAMEWORK AGREEMENTS AND DYNAMIC PURCHASING SYSTEMS (DPS)

CALL OFF ARRANGEMENTS

8.1.1 Where a call off is proposed under an existing Framework Agreement or DPS that

has been established by a consortium, collaboration or other public body, the

Council may consider using this Framework Agreement or DPS if:

a. The Framework Agreement or DPS has been established by an entity, and via

a process, which permits the Council to access those arrangements lawfully;

b. It is in the best interest of the Council to access the Framework Agreement or

DPS, representing clear value for money, which must be documented for Audit

purposes.

8.1.2 Before undertaking a call-off under any Framework Agreement or DPS, thorough

due diligence should be undertaken and advice sought from the Corporate

Procurement Team and the City Solicitor’s Office to confirm it is able to be used

and whether it is appropriate to use it.

8.1.3 Call-offs must be awarded based on the criteria identified in the Framework

Agreement or DPS.

8.1.4 Where the call-off is undertaken via a direct award process (which is prescribed in

the Framework Agreement), the Contractor must be requested in writing to supply

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a written submission, that is verified to confirm it can meet the requirements of the

Council in accordance with the terms and conditions and pricing established in the

Framework Agreement in advance of entering into a Contract.

8.1.5 Accessing a Framework Agreement or DPS does not remove any of the

requirements detailed within the section below.

8.1.6 Subject to the due diligence confirming the suitability of the Framework Agreement

or DPS, it can be used as a potential route to market without going down one of

the procedures outlined in the irrespective of value.

ESTABLISHING A FRAMEWORK AGREEMENT / DPS

8.1.7 Where the Council is establishing a Framework Agreement or DPS which may be

accessed by other contracting authorities the estimated Contract value must take

account of all potential work that may be put through the agreement (see CPR

3.4) and follow the procedures set out in these CPRs.

8.1.8 If the Council is establishing a Framework Agreement or DPS in accordance with

CPR 0 reference must be made within the procurement documents explaining that

the Framework Agreement or DPS is intended for a wider use, and advice should

be sought from the City Solicitor’s Office to ensure the terms upon which other

contracting authorities access those arrangements are clear and offer appropriate

protection to the Council.

8.1.9 In establishing a Framework Agreement, the total duration (including any

extensions) cannot exceed four years except in exceptional circumstances relating

to the subject matter of the Framework Agreement. Any proposal to establish a

Framework Agreement with a duration exceeding four years should be referred to

the Corporate Procurement Team and the City Solicitor’s Office for advice.

8.1.10 Where, taking into account the above, the estimated value of the Framework

Agreement or DPS is estimated to be above the relevant EU threshold, the

Authorised Officer must ensure that the names of the other public bodies are

included in the OJEU notice either individually or by an identifiable class. Refer to

the Corporate Procurement Team for guidance on the correct wording to be used.

8.1.11 In establishing a Framework Agreement or DPS, the Council must ensure that the

terms of the Framework Agreement or DPS make the process by which Contracts

under the Framework Agreement or DPS are entered into is explicitly clear.

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9 PRE PROCUREMENT ACTIVITY

Contracts valued between £25,001 and £99,999

9.1.1 For all procurement activity with an estimated value between £25,001 and

£99,999 including further competition and direct award processes conducted

under established Framework Agreements a Route to Market Assessment

should be completed.

9.1.2 The Route to Market Assessment must be signed off by the relevant Service

Manager with responsibility for the service area concerned and the Service

Manager – Corporate Procurement.

9.2 Contracts valued £100,000 and above – the following information is compulsory

for all procurement activity with an estimated value above £100,000 including

further competition and direct award processes conducted under established

Framework Agreements.

• Whilst the following documents are mandatory for all procurements above

£100,000, the detail contained within them should be proportionate to the risk

and value of the proposed procurement and concluding

Contract; Procurement Business Case (containing);

o Risk Log

o Stakeholder and Communication Plan

o An assessment of the different routes to market

9.3 IDENTIFICATION OF STAKEHOLDERS

9.3.1 All stakeholders (internal and external) should be appropriately identified prior to

commencing any activity. All stakeholders should be captured on the

stakeholder and communications plan. This plan identifies the reasons why

the stakeholder has been identified, the role they will undertake, when they need

to be involved in the process and should be used to identify the information

requirements the stakeholder needs, the reason why the information is needed

along with details of who will provide this information and when.

9.3.2 The stakeholder and communications plan should be updated regularly during the

entire procurement cycle (including the management of the contract) and can be

used to evidence any consultation undertaken in support of the Public Services

(Social Value) Act 2012 (see 9.6.4).

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9.4 MARKET ENGAGEMENT

9.4.1 Before commencing a procurement procedure consideration should be given to

engaging with the market. This engagement may be used by the Council to

gather information about what the market is capable of offering. Prior to

undertaking any such market engagement, advice must be sought from the

Corporate Procurement Team in relation to whether such engagement is

appropriate and also determine the method of such engagement.

9.4.2 Where market engagement is undertaken, the Authorised Officer must ensure

appropriate measures are taken to ensure that competition is not distorted, for

example:

a. Ensuring an exchange of information in the context of or resulting from the

involvement of the market engagement with other candidates and/or tenderers;

b. Allowing sufficient time limits for the receipt of tenders so those

candidates/tenderers not involved in market engagement can digest the

information presented and read any background supporting documents issued;

or

c. Where no other alternative exists, exclude the organisation involved in market

engagement from the procurement procedure (prior to exclusion, the bidder

must be given the opportunity to prove that their involvement is not capable of

distorting competition).

9.4.3 Where market engagement is undertaken through the use of an advertisement on

YORtender or through the use of a Prior Information Notice (PIN) within OJEU,

the details of this advertisement also needs to be recorded on Contracts Finder.

9.5 IDENTIFICATION OF RISKS

9.5.1 A risk log for the procurement process and the eventual contractual relationship

must be produced and maintained through the procurement cycle by the

Authorised Officer, in consultation with the relevant stakeholders identified. As a

minimum the risk log should not only identify the risks, but detail how they will be

managed, the responsible officer(s) and the review period.

9.5.2 Through the use of the risk log it is essential that consideration is given to any:

• Legal

• Contractual

• Financial

• Political/reputational

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• Economic

• Technological

• Social

• Environmental

• Equality/diversity

• Business continuity; and

• Civil protection and planned event response and recovery implications that

may occur throughout the procurement life cycle (including the subsequent

Contract entered into).

9.6 DEVELOPMENT OF A PROCUREMENT BUSINESS CASE

9.6.1 A procurement business case must be developed for every procurement process,

including further competition and direct award processes conducted under

established framework agreements or DPS (defined at 8). Where the

procurement business case is recommending a direct award, this report will also

act as the document to approve the award of the contract (therefore removing the

requirement detailed at 14.9.1 to complete a Tender Evaluation Report). The

business case should clearly explain the background to the Contract, details of the

research undertaken and options available, the procurement plan (including

details of any implications) and details of the arrangements that will be established

for the management of the Contract and any required exit strategies that may be

deployed.

9.6.2 Whilst there are a range of considerations to be made within the procurement

business case, detailed below are some of the key considerations:

9.6.3 Financial Implications

In developing the business case, consideration should be given based on the advice from the Chief Finance Officer and the City Solicitor within the financial and legal implications and the degree of security (if any) required to protect the Council from a Contractor default. The decision must be based on the risks associated with the Contract. The level of risk may vary depending upon various characteristics including, but not limited to, the following:

• The value of the Contract;

• The type of Goods, Services or Works being procured;

• The payment profile of the Contract;

• The financial strength of the suppliers in the market;

• Affordability and proportionality.

Consideration should be given to whether additional security is required in the form of a performance bond or some other form of financial or performance guarantee.

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For Contracts which are dictated by a particular date or series of dates, the Authorised Officer shall assess the need to include provision for liquidated damages based on advice from the City Solicitor. Liquidated damages should only be included within a Contract where they can be genuinely pre-estimated.

Affordability and proportionality must always be taken into consideration when deciding whether some form of financial security is appropriate and required.

Where the Council will own an asset as a result of a Contract, Financial Services must be consulted to input into the business case in order to identify any International Financial Reporting Standards (IFRS) implications.

The procurement business case should also confirm the budget provision for the proposed procurement including the correct account code to be used, any taxation or insurance implications after seeking advice from the appropriate Council officers.

9.6.4 Social Value

Where the Public Services (Social Value) Act 2012 applies (i.e. in relation to Contracts for Services with a value above the relevant EU threshold) the Council has a statutory duty to consider, prior to publication of an OJEU notice, how the procurement might improve the economic, social and environmental well-being of the geographical area that the Council serves and to consider undertaking related consultation. The Council has, however, adopted a policy which requires consideration to be given to what social value1 can be derived from all procurements it undertakes. Refer to Delivering Social Value Through Procurement toolkit for further guidance. This consideration must be captured in the procurement business case and the stakeholder and communications plan updated to reflect any consultation undertaken.

The considerations with the procurement business case should also include information regarding incorporating skills, apprenticeships and jobs into procurement processes as detailed in Incorporating skills, apprenticeships and jobs toolkit.

Authorised Officers should consider where appropriate how they can support and promote the policies and corporate priorities of the Council. In particular, how local suppliers and Small to Medium Sized Enterprises (SME’s) can be encouraged to bid for Council Contracts. This includes ensuring that tenders are not framed in a way to necessarily debar SME’s, the voluntary sector and community groups and whether it would be appropriate and in the best interest of the Council to sub-divide a Contract into lots.

9.6.5 Transactional Implications

1 Social value can be defined as any improvement to the social, economic and/or environmental wellbeing of

the district, its citizens and businesses.

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All orders and payments for Goods, Services and Works must be undertaken in accordance with Financial Procedure Rules. An Official Order must be placed upon contract award, using approved council systems. It is therefore important that as part of the development of the procurement business case, agreement is reached with the Council’s Financial Services: Payments and Controls Manager on the process to be incorporated into the tender/Contract documents for placing orders and payment of invoices.

It is particularly important that this is agreed in advance of the Contract entered into as the Council is required to publish on its website all items of expenditure on goods, works and services which exceed £500 in value.

9.6.6 The procurement business case must be signed off by the relevant Service

Manager with responsibility for the service area concerned and the Chief Finance Officer (along with any other relevant Chief Officer). All business cases requiring sign off by the Chief Finance Manager must be referred in the first instance to the Corporate Procurement Team for an overview.

Where changes occur after the business case has been signed off, but before the procurement commences that affect any of the content included in the business case, an amendment document must be prepared and signed off by the officers referred to in 9.6.6 prior to any tender documents being issued.

9.7 DEVELOPMENT OF TENDER DOCUMENTATION

9.7.1 It is essential that Authorised Officers only use the standard tender template

documentation available from the Corporate Procurement Team. Authorised

Officers must not use their own version of documents. Where there are provisions

included (or omitted) from within the corporate documentation which the

Authorised Officers feel (in)appropriate for their particular procurement, they

should contact the Corporate Procurement Team for further advice.

9.7.2 A clear specification of requirements (identifying outputs or outcomes rather than

inputs, unless there is a demonstrable need to specify inputs) should be

developed for every procurement process undertaken. The specification should

incorporate (where agreed) the views of stakeholders along with details that may

mitigate risks identified through the risk process referred to above.

9.7.3 The specification should also include details of any Social Value requirements

identified through the risk log and business case development.

9.7.4 The tender documents must clearly describe the evaluation criteria/methodology

(price and quality) to be used including all sub-criteria.

9.7.5 It is essential that all procurement documentation is finalised before any tender is

issued to market, as all procurement documentation (including contract

documents) must be made available at the point of advertisement.

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10 NORMAL PROCEDURE

CONTRACTS VALUED UP TO £25,000 (INCLUSIVE) 10.1.1 These CPRs in general do not apply to Contracts with a value of less than

£25,000. However the CPRs with regards to in-house, Council partnership

arrangements and established corporate Contracts referred to at 4, and the duty

to comply with the Duty of Best Value etc at 2.6, do apply.

10.1.2 Where there are no arrangements in place as per 4 above and due regard has

been given to the duties at 2.6, purchases with a value of less than £25,000

should, wherever possible, be placed with Contractors within the Wakefield

District.

10.1.3 For all Contracts valued below £25,000 the Authorised Officer must retain on file a

note outlining the process undertaken and justification for the decision to award

work to a given Contractor. It is also good practice to obtain a written quotation.

10.1.4 To comply with the Local Government Transparency Requirements, details of all

Contracts awarded over £5,000 must be reported to the Corporate Procurement

Team using the pro-forma template. This must contain a rationale why the

Contract complies with the Duty of Best Value and, if applicable, justification why a

Contractor from the Wakefield District is not being used. This information will be

captured on the Council’s centralised contracts register.

CONTRACTS VALUED UP TO £25,001 - £99,999 10.1.5 Contracts that are estimated to be for amounts between £25,001 and £99,999

must be let on a competitive basis on YORtender.

10.1.6 The Authorised Officer must undertake a Route to Market Assessment to

determine the most appropriate procedure to undertake

10.1.7 If the Open procedure is selected the Authorised Officer must ensure the Contract

is required to be let on a competitive basis which is advertised to the open market

through the YORtender portal and on Contracts Finder.

10.1.8 If the Restricted procedure is selected the Authorised Officer must invite a

minimum of 3 Contractors to submit a tender. There is no upper limit on the

number of Contractors that can be invited.

10.1.8.1 Authorised Officers must choose a minimum of 2 contractors, wherever possible,

from the Wakefield District (based on previous knowledge, experience or

research) to submit a tender through the YORtender portal. The Authorised

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Officer must be confident that competitive bids will be received from the 2

Contractors invited, based on their earlier market consultation.

10.1.9 Where the Authorised Officer is unsure of the market or the likely response to be

received, a discussion should be held with the Corporate Procurement Team who

will provide advice on the procedure which should be undertaken.

10.1.10 There is no minimum time limit for which procurement processes within this

threshold need to be advertised. However, it is expected that a sufficient (but not

disproportionate) time limit is applied to allow potential bidders to respond. This

therefore needs to be considered on a case by case basis, dependent upon any

prior market engagement undertaken, the complexities of the specification and the

level/amount of detail required within the tender response.

10.1.11 Tenders undertaken for procurements between these thresholds must not include

a pre-qualification stage or a stage in the procurement process where the

authority can assess the suitability of a candidate for the purpose of reducing the

number of candidates to a smaller number who will proceed to a later stage of the

process.

10.1.12 Suitability questions may be included within a procurement, where they are:

a. Relevant to the subject matter of the procurement; and

b. Proportionate

but must be considered as part of the wider overall quality evaluation.

10.1.13 Where there is a need to determine the financial standing of a company as part of

the evaluation process, this should be done through due diligence with the top

scoring bidder only.

CONTRACTS VALUED UP TO £100,000 - £181,301 10.1.14 Contracts that are estimated to be for amounts between £100,000 and £181,301

are required to be let on a competitive basis, which is advertised to the open

market, through the YORtender portal and on Contracts Finder.

10.1.15 There is no minimum time limit for which procurement processes within this

threshold need to be advertised. However, it is expected that a sufficient (but not

disproportionate) time limit is applied to allow potential bidders to respond. This

therefore needs to be considered on a case by case basis, dependent upon any

prior market engagement undertaken, the complexities of the specification and the

level/amount of detail required within the tender response.

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10.1.16 Tenders undertaken for procurements between these thresholds must not include

a pre-qualification stage or a stage in the procurement process where the

authority can assess the suitability of a candidate for the purpose of reducing the

number of candidates to a smaller number who will proceed to a later stage of the

process.

10.1.17 Suitability questions may be included within a procurement, where they are:

a. Relevant to the subject matter of the procurement; and

b. Proportionate

but must be considered as part of the wider overall quality evaluation.

10.1.18 Where there is a need to determine the financial standing of a company as part of

the evaluation process, this should be done through due diligence with the top

scoring bidder only.

LIGHT TOUCH REGIME CONTRACTS VALUED £181,302 – EU THRESHOLD CONCESSION CONTRACTS VALUED £181,302 – EU THRESHOLD & WORKS CONTRACTS VALUED £181,302 – EU THRESHOLD (SEE 2.7)

10.1.19 The procurement of Contracts for the provision of Light Touch Regime Services

(see 2.7), Concession Contracts and Contracts for Works with a value between

£181,302 and the relevant EU Threshold may be undertaken in accordance with

alternative procurement procedures as outlined in 10.3.

10.1.20 Procurement of any such Contracts must, however, be let on a competitive basis,

which is advertised to the open market, through the YORtender portal and on

Contracts Finder.

10.1.21 The most common procedures to be used for Contracts within these thresholds

are processes broadly equivalent to the open and restricted procedures set out in

the Regulations. Where consideration is given to any of the other procedures,

early advice must be sought from the Corporate Procurement Team and the City

Solicitor’s Office.

10.1.22 The choice of procurement procedure selected must be detailed in the

procurement business case setting out the justification for using the selected

procedure.

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ALL CONTRACTS VALUED ABOVE THE EU THRESHOLD (SEE 2.7)

10.1.23 Where the value of the proposed Contract exceeds the European threshold

(taking account of aggregation), it must be tendered in accordance with the

Regulations.

10.1.24 The Corporate Procurement Team must be consulted at every stage of the

procurement cycle for contracts valued above these thresholds.

10.1.25 The Regulations allow a range of different procedures:

• Open tender

• Restricted tender

• Competitive procedure with negotiation

• Competitive dialogue

• Innovation partnership

10.1.26 The open and restricted procedures are the most commonly used procedures.

Where consideration is given to any of the other procedures, early advice must be

sought from the Corporate Procurement Team and the City Solicitor’s Office.

10.1.27 Where a restricted tender procedure is proposed a minimum of 5 Contractors

should be shortlisted to invite to tender (where at least 5 suitable Contractors

express interest).

10.1.28 The choice of procurement procedure selected must be detailed in the

procurement business case referred to at 9.6, setting out the justification for

using the selected procedure.

10.1.29 All tenders above the EU threshold(s) must be advertised in the Official Journal of

the European Union (OJEU) using the YORtender portal.

10.1.30 All OJEU notices for procurements shall be referred in advance of sending to the

OJEU, to the Corporate Procurement Team.

10.1.31 Publication of the tender documents at a national level (which must be

YORtender and Contracts Finder) must not occur until 48 hours after the

despatch of the OJEU notice.

10.1.32 Timelimits

For Contracts valued above the EU threshold there are minimum timescales to be adhered to, for which bidders are given the opportunity to express interest, complete and return the tender documentation. The timescales stipulated are dependent upon the type of notice issued to act as a call for competition and should be treated as minimum timescales and not be relied upon as the standard.

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When determining the time limits for the receipt of Selection Questionnaires (SQs)

and Tenders, the Authorised Officer must be proportionate and fair to the market and take into consideration, the complexity of the specification and tender submission requirements, along with any previous market consultation undertaken. The justifications for the time limits set, should be detailed within the procurement business case.

11 RECEIPT AND CUSTODY

CONTRACTS VALUED £25,001 - £99,999

11.1.1 The preferred method for the receipt of all tenders with a value between £25,001

and £99,999 is electronically through the YORtender portal unless there is a

reasonable justification for why this is not appropriate and alternative

arrangements have been approved by the Corporate Procurement Team.

11.1.2 Where tenders of this value are received electronically through the YORtender

portal, they will remain anonymous until after the deadline has passed, and have

formally been opened. Where alternative arrangements have been agreed,

tenders may be addressed impersonally to the relevant Authorised Officer. The

tenders must remain in the custody of this Officer until the time appointed for

opening. The Officer shall ensure that procedures are in place for recording

receipt, opening and storage of all tenders received.

CONTRACTS VALUED £100,000 AND ABOVE

11.1.3 All tenders (including SQs) valued £100,000 and above must be received

electronically through the YORtender portal only, and will remain anonymous

until after the deadline has passed.

11.1.4 SQs are not deemed to be formal tenders and will become available to the

Authorised Officer through the YORtender portal once the deadline has passed.

12 EXTENDING TENDER DEADLINES AND LATE SUBMISSIONS 12.1 In exceptional circumstances the deadline may be extended subject to prior

approval from the Corporate Procurement Team.

12.2 For those tenders received electronically, the YORtender portal will not permit

responses to be submitted, or deadlines to be extended after the deadline has

passed.

12.3 For tenders (valued £25,001 - £99,999) which are submitted in hard copy format

and received after the specified time shall be disqualified. Any such tender should

be returned promptly to the bidder who should be notified accordingly. The tender

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envelope may be opened to ascertain the name and address of the bidder

concerned.

13 OPENING (VERIFICATION) 13.1 All tenders (valued £25,001 - £99,999) received through the YORtender portal

must be opened and recorded at one time and by one officer. Where a tender is

received in hard copy format, these must be opened and recorded at one time, but

by two officers. Any tender received in both electronic and hard copy format must

be opened at the same time. The opening officer (verifier) must be someone

independent from the procurement process and not involved in the evaluation.

13.2 All tenders (valued £100,000 and above) received through the YORtender portal

shall be opened and recorded at one time and by one officer designated for that

purpose by the City Solicitor.

13.3 In respect of tenders with a value in excess of £100,000; any Member of the

Council who so wishes may be present at the opening. Internal Audit also has the

right to attend tender opening.

13.4 Where external agencies contribute to the overall funding of a project,

representatives of the agency may also attend the opening of tenders and be

allowed to make note of the tenders and receive a report on the tenders received,

provided that such persons agree to observe commercial confidentiality and be

bound by the confidentiality requirements of the Local Government Act 1972, as

amended.

14 EVALUATION 14.1 An evaluation panel must be convened for all evaluation processes undertaken.

Representation on the panel must be from people who have knowledge of the

subject area and be proportionate to the size and value of the procurement being

undertaken.

14.2 For all Contracts, regardless of value, no person with a personal or financial

interest in any of the Contractors submitting a proposal should be involved in

evaluating tenders or involved in any way in influencing the decision as to which

Contractor is to be awarded the Contract. A declaration of interest form must

be completed by each officer involved in the evaluation process prior to the ‘group

consensus’ meeting taking place and held on file by the Authorised Officer.

14.3 The evaluation of tenders must be in accordance with the evaluation criteria

specified in the original tender documents. Under no circumstances should there

be a deviation away from this.

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14.4 Where a Contractor submits a qualified or conditional tender, they must be given

the opportunity to withdraw the qualification or condition without amendment to the

bid submitted. If the Contractor fails to do so their bid must be rejected unless it is

dealt with as an alteration to their submission in accordance with Error! Reference

source not found. below.

14.5 Where a bid received appears to be abnormally low, the Council is under a

statutory duty to request that the Contractor concerned provides a full and detailed

response to explain the price/cost proposed. Identifying and dealing with

abnormally low bids shall be the responsibility of the Authorised Officer. The

Council may reject an abnormally low bid, where the justification doesn’t

satisfactorily account for the low level of price. Where consideration is being

made to the rejection of a bid on these grounds advice must be sought from the

Corporate Procurement Team and the City Solicitor’s Office.

14.6 It is essential that during the evaluation process the principles of probity, non-

discrimination, fairness and equal treatment are applied. As such negotiation

following the receipt of tenders is only permissible in limited circumstances,

following the advice of the Corporate Procurement Team and the City Solicitor’s

Office. These circumstances should however, only be used to address minor

issues as any form of inappropriate negotiation could expose the Council to a risk

of challenge. Negotiation following the receipt of tenders must not be undertaken

where the tender was subject to the Regulations and the EU Procurement

Directives.

14.7 ALTERATIONS

14.7.1 An external tender may be amended after it has been received and before it is

accepted if it is identified during the evaluation process that a genuine

arithmetical error has been made that can be corrected, by way of clarification,

subject to the following:

a. The Contractor may be given the details of the error or discrepancy found

during the examination of the tender and shall be given the opportunity of

confirming the tender without amendment or withdrawing their tender; or

b. Amending the tender to correct genuine arithmetic errors provided that in this

case, apart from these arithmetic errors no other adjustment, revision or

qualification is permitted. In these cases written confirmation should be

requested from the Contractor as to the error or discrepancy and confirmation

of what the corrected entry should be.

14.7.2 The Authorised Officer must ensure that a record of all amendments made under

this CPR is maintained.

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14.8 DUE DILIGENCE

14.8.1 Following the evaluation process of all Contracts valued above £25,000, and upon

reaching consensus on the top scoring Contractor, a due diligence process must

be undertaken. This is to confirm as a minimum that:

• The bid received is bona fide and sustainable;

• The Council fully understands the bid that has been submitted; and

• The Contractor has the technical capability to deliver the Contract; and

• The Contractor has the relevant policies / certificates required (including

evidence of adequate insurance cover for public and employers liability; and

professional indemnity and product liability where required).

14.8.2 Minutes from any due diligence meetings held must be formally agreed in writing

with the winning Contractor for inclusion within the final Contract.

14.9 APPROVAL

14.9.1 For all Contracts valued above £25,000 (including further competitions from

frameworks or DPS), prior to formally notifying bidders whether they have been

successful or not (regardless of whether the decision taken is to award the

contract or abandon the process), a tender evaluation report must be prepared,

detailing the process that has been undertaken, a review of the initial business

case, the outcomes achieved along with any associated issues and risks.

14.9.2 For all Contracts valued above the EU Threshold, the tender evaluation report

must include all the relevant details required for a Regulation 84 report; including:

• The name and address of the Council;

• The subject matter and value of the procurement;

• The results of the selected candidates/tenderers and the reasons;

• The results of the rejected candidates/tenderers and the reasons;

• The reasons for any tenders that were rejected on the basis of being

abnormally low;

• The name of the successful tenderer and the reasons why they were

successful;

• The share of the Contract which the successful tenderer intends to subcontract;

• The name of the main subcontractors;

• Justification for the use of the following procedures where appropriate;

o Competitive procedure with negotiation

o Competitive dialogue

o Negotiated procedure without prior publication.

• The reasons why the Council has decided not to award a Contract (where

applicable);

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• Why means other than electronic have been used for the submission of tender

(where applicable);

• Any conflicts of interest detected and measures taken.

14.9.3 Contracts Valued between £25,001 and £99,999

The tender evaluation report must be approved by the Service Manager with responsibility for the service area undertaking the procurement and the Service Manager – Corporate Procurement (and any other relevant Chief Officers) and be referred in the first instance to the Corporate Procurement Team for an overview.

14.9.4 Contracts Valued £100,000 and above

The tender evaluation report must be approved by the Service Manager with responsibility for the service area undertaking the procurement and the Chief Finance Officer (and any other relevant Chief Officers) and be referred in the first instance to the Corporate Procurement Team for an overview.

15 ACCEPTANCE 15.1 All Contractors must be notified in writing of their success / failure in a tender

process. Notifications must be made using the template letters available from the Corporate Procurement Team. Notifications must be issued electronically through the YORtender portal.

15.2 Notification also includes a decision where the Council has decided to abort a

process.

15.3 It is important to notify Contractors as soon as possible after their elimination from

a process. Therefore, in the case of all tenders which relate to procurements

valued above the relevant EU threshold, any Contractor eliminated from a process

where a SQ has been undertaken must be notified following the evaluation of that

stage in the process.

15.4 For all procurements concerning Contracts with values above the relevant EU

Threshold (2.7) it is essential that all rejection letters contain the following

information:

• The award criteria used;

• The score of the tenderer obtained against those award criteria;

• The score the winning tenderer obtained;

• The name of the winning tenderer;

• The characteristics and relative advantages of the winning tender; and

• Precise details of the standstill period (i.e. key dates).

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15.5 The standstill period requires a minimum of 10 calendar days (where the

notification is made electronically) between the communication of the award

decision and Contract conclusion, with day 1 being the day after the award

decision is issued via YORtender. Where the notification is not issued

electronically or is followed up by posted notification, the standstill period must be

no less than 15 calendar days. The standstill period must end on a weekday. This

is to allow unsuccessful companies an opportunity to challenge the decision

made.

15.6 Whilst the standstill period referred to above is not a legal requirement for below

threshold procurement, above threshold procurements under the light touch

regime or call offs under a Framework Agreement or DPS, it is normal practice by

the Council to apply a voluntary standstill period to allow an opportunity for

unsuccessful aggrieved bidders to challenge/complain, and for the Council to

satisfactorily deal with such instances before entering into Contract.

16 AWARD 16.1 Following the notification of successful/unsuccessful bidders referred to above at

15.1, the Authorised Officer is required to submit a pro-forma to the Corporate

Procurement Team so the details of the awarded Contract can be published on

the Council’s corporate contracts register to meet the Local Government

Transparency Requirements and on Contracts Finder (if valued at over £25,000).

16.2 For all Contracts valued above the EU Threshold, the Authorised Officer will be

required to submit a Contract Award Notice in OJEU within 30 calendar days

following the award of the Contract. Such notices do not apply to call offs from a

Framework Agreement above the EU threshold.

16.3 Following the award of the Contract, the Authorised Officer is required to report to

the Corporate Procurement Team details of any efficiencies that have been

generated following the procurement process.

17 EXCEPTIONS 17.1 Subject to statutory requirements tenders need not be invited in accordance with

these CPRs in the following cases:

a. Where the technical characteristics of the Goods are only compatible with an

existing supply or installation, such that procurement of another product other

than one available from the original Contractor would result in incompatibility

and/or disproportionate technical difficulties. The duration of a Contract

negotiated in accordance with this exception shall not exceed 3 years.

b. The procurement of a unique work of art or artistic performance.

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c. Where competition is absent for technical reasons where no reasonable

alternative or substitute exists.

d. Where competition is absent due to exclusive rights, including but not limited to

intellectual property rights and copyright where no reasonable alternative or

substitute exists.

e. Where the price of the Goods, Services or Works that are to be procured are

controlled by statutory bodies, trade organisations or legislation and no

reasonable satisfactory alternative is available.

f. Where the Contract is for the execution of work or the supply of goods or

services that are required so urgently2 that compliance with any competitive

process prescribed by these CPRs cannot be achieved.

g. Where the Contract relates to Goods, Services or Works where the publication

of documents detailing those requirements could reasonably be considered to

prejudice security having considered the use of reasonable measures that

would protect such security and allow the normal procurement process to be

followed (e.g. the use of confidentiality agreements).

h. To allow for the continuation of contractual arrangements with a Supplier

beyond the term of a Contract, in exceptional circumstances and where the

duration of continued contractual arrangements is determined in accordance

with the timescales required to complete a re-procurement or the

decommissioning of the provision.

i. In any case where the Authorised Officer, acting reasonably, otherwise

determines there can be no genuine competition.

j. An alternative, competitive process to that prescribed by CPR Error! Reference

source not found. maybe approved for Contracts with a value between £25,000

and £181,301 subject to reasonable justifications for such a request.

k. The selection of a Supplier upon the instruction of a third party, providing all the

funding is met by a third party.

17.2 Where an exception is sought under 17.1h above and either:

• the value of the exception is above the relevant EU Threshold (2.7); or

• the value of the exception and the extant Contract added together is in excess

of the relevant EU Threshold;

2 Not due to any action or inaction of the Council

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the Authorised Officer shall seek advice from the City Solicitor prior to proceeding with the required decision-making process.

17.3 All exceptions with a total value in excess of £100,000 require the support of the

Chief Finance Officer (in consultation with the City Solicitor as appropriate) who is

ultimately responsible for procurement within the Council, as well as the approval

of the procuring Chief Officer in accordance with 17.4 below. Exceptions with a

value of less than £100,000 require the support of the Service Manager,

Corporate Procurement.

17.4 An exceptions request form must be completed for every instance of an

exception with a total value of £25,000 or more to inform the Chief Finance Officer

and/or the Service Manager – Corporate Procurement and the relevant Chief

Officer for the service of all the relevant implications associated with the proposed

course of action and aid their decision making. The template must clearly

document the exception to be applied, along with the justifications and all

necessary procurement, legal and financial risks and the support of the Chief

Finance Officer or the Service Manager Corporate Procurement.

17.5 A copy of the exceptions request form must be retained and a completed copy will

be held within the Corporate Procurement Team. Should the Chief Officer

concerned approve the exception, the exceptions e-form must be completed to

demonstrate that approval has been granted. The e-form must quote the unique

reference number provided by the Corporate Procurement Team, which Chief

Officer granted the approval and the date this approval was given. A copy of each

completed e-form will be automatically forwarded to the Chief Officer, Internal

Audit and the Corporate Procurement Team, where a record of all approved

exceptions will be maintained. The relevant Chief Officer is responsible for

ensuring the appropriate Portfolio Holder is kept informed.

17.6 Where an exception has been approved, the Authorised Officer must ensure that

the best possible balance of Value for Money and quality is obtained for the

Council. A specification must be developed and appropriate Terms and

Conditions must be approved and a formal quote/tender must be requested from

the company. The company must not be told that they are the only company

submitting a bid. A copy of the final Contract must be uploaded to YORtender

and details of this Contract published to the Council’s contract register to fulfil its

obligations under the Local Government Transparency Requirements and on

Contracts Finder. It is recommended that you contact the Corporate Procurement

Team for advice regarding this.

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18 CONTRACTS AND PURCHASE ORDERS 18.1 It is Council policy that all requests (irrespective of value) for Goods, Services and

Works are supported by an official council purchase order generated from an

approved council system.

18.2 Every purchase order placed by the Council via the Agresso system (or other

Council system) regardless of value must incorporate standard terms and

conditions approved by the City Solicitor.

18.3 Every Contract which exceeds £25,000 in value shall be in writing in a form

approved by the City Solicitor.

18.4 The City Solicitor shall determine whether a Contract should be entered into as a

deed. All Contracts executed as deeds (i.e. under the Council’s common seal)

shall be executed by the City Solicitor.

18.5 All written Contracts shall specify:

a. details of Works, Goods or Services to be provided or undertaken;

b. details of the Contract price to be paid or method of calculation of such prices

along with a statement of any discounts or other deductions; and

c. the period or times within which the Contract is to be performed.

18.6 Any Contract that deviates from the standard payment term3 of the Council must

be agreed with the Council’s Financial Services: Payments and Controls Manager.

18.7 Every written Contract must contain a clause stating that in circumstances where

the Contractor fails to comply with its contractual obligations in whole or in part, or

commits a fundamental breach of the Contract, the Council may:

a. terminate the Contract, either wholly or to the extent of such default;

b. make good the default and/or complete the requirements encompassed in the

Contractor’s former obligations (set out in the Contract) itself or appoint another

Contractor or agent to do so;

c. recover from the Contractor any additional costs incurred in making good the

default and/or in the completion of the Contractor’s former obligations.

18.8 All Contracts shall require that if one or more sums of money are to be paid to the

Council, the Contractor must pay interest in respect of any late payment of such

sums at the rate stated in the Contract from the date when payment is due until

the date when payment is received.

3 30 calendar days from receipt of a valid invoice.

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18.9 Where appropriate the Contractor shall be placed under a contractual obligation to

comply with the requirements of the Equality Act 2010 and obligated to provide the

Council with information on request in relation to compliance with those

requirements.

18.10 Where appropriate the Contractor shall be placed under contractual obligations to

comply with data protection law and ensure that the Council is able to comply with

those statutory obligations.

18.11 Where appropriate the Contract shall place the Contractor under a duty to comply

with the requirements of the Health and Safety at Work Etc. Act 1974 and any

other legislation relevant to health and safety.

18.12 Where Contractors are discharging Council functions they shall be placed under

an obligation to ensure the Council’s compliance with the Duty of Best Value.

18.13 Where appropriate Contracts shall require that Goods, Services and Works

comply with any relevant British and European Union standards, specifications

and/or codes of practice (or equivalent standards current at the date of the tender

documents being published).

18.14 Every Contract shall include a clause requiring the Contractor to hold and maintain

appropriate insurance cover (e.g. employer’s liability, public liability, professional

indemnity cover) with a reputable insurance provider at any statutory levels or any

higher levels deemed necessary in consultation with the Council’s insurance

officer.

18.15 Every written Contract shall include a clause preventing a Contractor from

transferring, disposing, assigning, and/or subletting all or any part of the Contract

without the prior consent of the Council given in writing.

18.16 All tenders and Contracts must contain a notice/clause relating to FOI and a

schedule that allows Contractors to clearly identify those sections or clauses

which they believe are commercially confidential within the terms of FOI.

18.17 If a Contract is to be entered into for the provision of business critical Services or

Supplies, consideration shall be given to the inclusion of clauses that contractually

obligate the maintenance of adequate business continuity processes in order to

minimise the Council’s risk of exposure.

18.18 In every Contract a clause shall be inserted to ensure that the Council shall be

entitled to terminate the Contract, and to recover from the Contractor the amount

of any loss resulting from such termination, if the Contractor (including its

employees or agents):

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a. Does anything improper to influence the Council to award the Contract; and/or

b. Commits an offence under the Bribery Act 2010 and/or under Section 117 of

the Local Government Act 1972.

18.19 Every Contract with a value above the EU Threshold (thresholds at the time of

writing at CPR 2.7) shall contain a clause which enables the Council to terminate

the Contract in order to comply with its obligations at Regulation 73 of the

Regulations.

18.20 Where the Council enters into contract with external consultants / advisers a

clause shall be included in the contract which determines their employment status.

19 CONTRACT MANAGEMENT 19.1 For every contractual relationship the Council enters into the Chief Officer for the

service must ensure that a suitably experienced and trained officer is identified to

adequately manage the Contract. This should have been established as part of

the development of the procurement business case.

19.2 The nominated contract manager will be responsible for (as a minimum):

• Regularly reviewing management information and supplier performance (as

detailed in the tender and Contract documentation);

• Meeting with the supplier to discuss Contract progression, performance,

innovation etc.;

• Dealing with instances of off and non-contract spend within the Council;

• Benchmarking to ensure the contract is delivering value for money;

• Monitoring any ongoing efficiency savings and reporting these to the Strategic

Procurement Team;

• Monitoring that any skills, apprenticeships and job outcomes are achieved,

(along with any other wider social benefits) and reporting these to the Corporate

Procurement Team at agreed intervals;

• Informing options for future procurements/extensions to Contracts

20 VARIATION / MODIFICATION / TERMINATION TO CONTRACTS 20.1 It is recognised that during the term of a Contract, modifications may be proposed,

which if adopted would result in additional Works, Goods and/or Services, which

were not considered when the original procurement took place, being procured or

otherwise would alter the overall nature of the Contract. There are significant

limitations upon the Council being able to make such modifications, especially

where the Regulations apply.

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20.2 When considering a variation, modification or the termination of an existing

Contract, advice must be sought in advance from the Corporate Procurement

Team and the City Solicitor’s Office.

21 EXTENDING EXISTING CONTRACTS 21.1 An extension to a Contract may only be permitted where the details of any

extension provisions were included within the scope of the Contract, tender

documents and OJEU notice (where relevant).

21.2 If there was no provision in the contract for an extension an exception to these

CPRs must be identified and dealt with in accordance with CPR.

21.3 Prior to exercising a contractual right to extend a Contract (valued £100,000 and

above), the Authorised Officer must ensure that an Options Appraisal is

undertaken to determine if it is in the best interest of the Council to extend the

current arrangement and seek approval of the recommended option from the

appropriate Service Manager (or higher authority if this is deemed appropriate) of

the service and the Service Manager – Corporate Procurement.

21.4 Before exercising a contractual right to extend a Contract (valued £100,000 and

above) the Authorised Officer must make reasonable efforts to negotiate improved

Contract terms with regards to cost and/or quality of the Goods, Services and/or

Works being delivered (having regard to 20). The terms must be confirmed in

writing and YORtender must be updated accordingly to show the extended

Contract period.

21.5 The Authorised Officer shall seek the advice of the City Solicitor’s Office in

advance of any negotiation of a Contract who shall formalise any required

variation to a Contract.

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APPENDIX 1 – MINIMUM TIMESCALES Note: Number of days is referred to as calendar days

MINIMUM TIMESCALES – PROCUREMENT REGULATIONS 2016

Selection Stage4

Tender Stage

If Electronic Accepted5

Tendering Following PIN6

Tender by Arrangement7

Urgency8

Open Procedure

NA 35 Days 30 Days 15 Days N/A 15 Days

Restricted Procedure

30 Days 30 Days 25 Days 10 Days At least 10 Days 15 Days / 10 Days

Competitive Procedure with

Negotiation

30 Days 30 Days 25 Days 10 Days At least 10 Days 15 Days / 10 Days

Competitive Dialogue

30 Days N/A N/A N/A N/A N/A

Innovation Partnership

30 Days N/A N/A N/A N/A N/A

4 Where a Prior Information Notice has been used as a call for Competition in the Restricted Procedure and the Competitive Procedure with Negotiation, the 30 day timescale commenced from

when the invitation to confirm interest is sent 5 Where the contracting authority accepts that tenders may be submitted by electronic means, the time limit for receipt of tenders may be reduced by 5 days

6 Where a Prior Information Notice was sent for publication between 35 days and 12 months before the contract notice was sent

7 In the Restricted Procedure and the Competitive Procedure with Negotiation, the contracting authority may set the time limit for receipt of tenders by mutual agreement with all candidates. In the

absence of such an agreement the time limit shall be at least 10 days 8 In matters of urgency, duly substantiated by the contracting authority, the time limit for tenders shall be no less than 15 days in the Open Procedure. In the Restricted Procedure and Competitive

Procedure with Negotiation, the timescale for the selection stage shall be no less than 15 days and the tender stage shall be no less than 10 days

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Senior Officer Employment Procedure Rules (in accordance with the Local Authorities (Standing Orders) (England) Regulations 2001 as amended 1. Recruitment and appointment 1.1 Declarations (a) Any candidate for appointment as an Officer shall sign a written

declaration stating whether they are the relative of an existing Councillor or Officer of the Council; or of the partner of such persons.

(b) ”Relative” means a spouse, partner, parent, parent-in-law, son, daughter,

step-son, step-daughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, cousin or the spouse or partner of any of the preceding persons; and “partner” means a member of a couple who live together.

(c) No candidate so related to a Councillor or an Officer will be appointed

without the authority of the Appointment Panel or Corporate Director, Business Change.

1.2 Seeking support for appointment. (a) Subject to paragraph (c) the Council will disqualify any applicant who

directly or indirectly seeks the support of any Councillor for any appointment with the Council. The content of this paragraph will be included in any recruitment information.

(b) Subject to paragraph (c), no Councillor will seek support for any person for

any appointment with the Council. (c) Paragraphs (a) and (b) above shall not preclude a Member from giving a

written testimonial of an applicant’s ability, experience or character in relation to an application for a post.

2. Recruitment of Head of Paid Service (Chief Executive), Corporate

Directors, Service Directors, the City Solicitor and Chief Finance Officer 2.1 Salary Packages

In accordance with Section 40 of the Localism Act 2011, salary packages of £100,000 or more must be submitted to Full Council for approval before a new appointment is made. For this purpose salary packages should include salary, any bonuses, fees or allowances routinely payable to the appointee and any benefits in kind to which the officer is entitled as a result of their employment.

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2.2 Job Specification and Advertising Where the Council proposes to appoint a Head of Paid Service (Chief

Executive), Corporate Directors, Service Directors, the City Solicitor and Chief Finance Officer, and it is not proposed that the appointment be made exclusively from among their existing Officers, the Council will:

(a) draw up a statement specifying the duties of the post concerned and any

qualifications or qualities to be sought in the person to be appointed; (b) make arrangements for the post to be advertised in such a way as is likely

to bring it to the attention of persons who are qualified to apply for it; and (c) make arrangements for a copy of the statement mentioned in paragraph

(a) to be sent to any person on request. 2.3 Interviews (a) Where a post has been advertised as provided in Rule 2.2(b) above, the

Appointment Panel shall: (i) interview all qualified applicants for the post; or (ii) select a shortlist of such qualified applicants and interview those

included on the shortlist. (b) Where no suitable qualified person has applied, the Council shall make

further arrangements for advertisement in accordance with Rule 2.1(b). 3. Appointment of Head of Paid Service and Acting Head of Paid Service 3.1 The full Council will approve the appointment of the Head of Paid Service

following the recommendation of such an appointment by the Appointment Panel (Chief Executive). That Panel must include at least one Member of the Cabinet.

3.2 The full Council may only make or approve the appointment of the Head of Paid

Service where no well-founded objection has been made by any Member of the Cabinet.

3.3 The full Council will approve the appointment of an Acting Head of Paid Service

following the recommendation of such an appointment by the Appointment Panel (Chief Executive). That Panel must include at least one Member of the Cabinet.

3.4 The full Council may only make or approve the appointment of the Acting Head

of Paid Service where no well-founded objection has been made by any Member of the Cabinet.

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4. Appointment of Corporate Directors, Service Directors, the City Solicitor and Chief Finance Officer

4.1 The Chief Executive is authorised to appoint temporary first and second tier

Officers from internal appointees to act up for vacancies or appoint Interim Directors from external candidates if a vacancy arises.

4.2 The Appointment Panel (as set out in Part 3 of this Constitution) will appoint

Corporate Directors, Service Directors, the City Solicitor and Chief Finance Officer. That Panel must include at least one Member of the Cabinet.

4.3 An offer of employment as a Corporate Directors, Service Directors, the City

Solicitor and Chief Finance Officer shall only be made where no well-founded objection from any Member of the Cabinet has been received.

5. Offers of Appointment - Head of Paid Service (Chief Executive), Corporate

Directors, Service Directors, the City Solicitor and Chief Finance Officer (a) No offer of appointment shall be made until: (i) The Appointment Panel has notified the Corporate Director, Business

Change of the name of the person to whom they wish to make the offer and of any other particulars which the Panel considers relevant to the appointment.

(ii) The Corporate Director, Business Change has notified every Member

of the Cabinet of:

• the name of the person to whom the Appointment Panel wish to make the offer;

• any other particulars relevant to the appointment that have been notified; to the Corporate Director, Business Change;

• the period, not being more than five working days, within which any objection to the making of the offer is to be made by the Leader on behalf of the Cabinet to the Corporate Director, Business Change.

(iii) The offer of appointment cannot be made until the Corporate

Director, Business Change confirms that he/she has received no objections within the objection period by any Cabinet Member, or the Appointment Panel is satisfied that any objection received from the Leader is not material or is not well founded.

(b) In relation to the appointment of the Head of Paid Service no offer of

appointment can be made before the Council has approved the appointment. In its report to the Council for approval, the Appointment Panel shall indicate whether or not any objection has been received from the Leader or other Cabinet Member and where an objection has been

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received its recommendation in relation to that objection. (c) Where the Corporate Director, Business Change is unable to act, the

Chief Executive (or, his/her deputy) shall nominate another Officer in his/her place in accordance with rule 3.2.

6. Employment of Officers below Corporate Director and Director Appointment of Officers below Corporate Director and Director (other than

assistants to political groups) is the responsibility of the Head of Paid Service or Corporate Director, Business Change or his or her nominee, and may not be made by Councillors.

7. Substitute Members

A substitute Member may be appointed to attend Appointment Panel meetings in the absence of the Member for whom (s)he is a named substitute. It is the responsibility of a Member to arrange a substitute Member to attend in his/her place providing political balance is maintained.

8. Disciplinary Action - Head of Paid Service (Chief Executive), Corporate

Directors, Service Directors, the City Solicitor and Chief Finance Officer 8.1 Any disciplinary action required will be taken by the Appointment Panel. 8.2 Disciplinary action in respect of the Council’s Head of Paid Service, Monitoring

Officer or its S.151 Officer, will be taken in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 and any other relevant legislation in force at the time.

Disciplinary action in respect of Corporate Directors, Service Directors, the City

Solicitor and Section 151 Officer will be taken in accordance with any legislative requirements in force at that time.

8.3 Suspension of the Head of Paid Service, Monitoring Officer, Section 151

Officer, Corporate or Service Director will be taken by the Appointments Panel, unless otherwise delegated.

8.4 No notice of dismissal in relation to the Head of Paid Service, Monitoring Officer

or Section 151 Officer can be given before the Council has approved the dismissal.

9. Dismissal - Head of Paid Service, Monitoring Officer and Section 151

Officer 9.1 Only the Full Council may approve the dismissal of the Head of Paid Service,

Monitoring Officer or Section 151 Officer following the recommendation of such a dismissal by the Appointment Panel and in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 and any other relevant legislation in force at the time.

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9.2 No notice of dismissal shall be given until; (a) The Appointment Panel has notified the Corporate Director, Business

Change of the name of the person who the Appointment Panel wishes to dismiss and of any other particulars which the Panel considers relevant to the dismissal including its reasons for that notification.

(b) The Corporate Director, Business Change has notified every Member of

the Cabinet of - the name of the person who the Panel wishes to dismiss; - any other particulars relevant to the dismissal that have been notified

to the Corporate Director, Business Change; and - the period, not being more than five working days, within which any

objection to the dismissal is to be made by the Leader on behalf of the Cabinet to the Corporate Director, Business Change.

(c) Either the Leader has within the objection period notified the Appointment

Panel that neither he nor any other Member of the Cabinet has any objection to the dismissal, the Corporate Director, Business Change has notified the Appointment Panel that she/he has received no objection within the objection period from the Leader, or the Appointment Panel is satisfied that any objection received from the Leader is not material or is not well-founded.

9.3 Where the Corporate Director, Business Change is unable to act the Chief

Executive (or, his/her deputy) shall nominate another Officer in his place. 10. Dismissal – Other Corporate Directors, Service Directors and the City Solicitor 10.1 No notice of dismissal shall be given until; (a) The Appointment Panel has notified the Corporate Director, Business

Change of the name of the person who the Appointment Panel wishes to dismiss and of any other particulars which the Panel considers relevant to the dismissal including its reasons for that notification.

(b) The Corporate Director, Business Change has notified every Member of

the Cabinet of - the name of the person who the Panel wishes to dismiss; - any other particulars relevant to the dismissal that have been notified

to the Corporate Director, Business Change; and - the period, not being more than five working days, within which any

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objection to the dismissal is to be made by the Leader on behalf of the Cabinet to the Corporate Director, Business Change

(c) Either the Leader has within the objection period notified the Appointment

Panel that neither he nor any other Member of the Cabinet has any objection to the dismissal, the Corporate Director, Business Change has notified the Appointment Panel that she/he has received no objection within the objection period from the Leader, or the Appointment Panel is satisfied that any objection received from the Leader is not material or is not well-founded.

11. Disciplinary Action and Dismissal - Other Officers 11.1 Disciplinary Action against and dismissal of Officers below Corporate Director

and Director level is the responsibility of the Head of Paid Service or his/her nominee.

11.2 Councillors will not be involved in disciplinary action against or dismissal of

Officers below Corporate Director or Director level except where such involvement is necessary for any investigation or enquiry into alleged misconduct through the Council’s procedures.

12. Appointment of Assistants for Political Groups 12.1 Allocation of Political Assistants

No appointment shall be made to any post allocated to a Political Group the

appointment to which is required to be made in accordance with the provisions of Section 9 of the Local Government and Housing Act 1989 (Political Assistant) until the Council has allocated such a post to each of the Political Groups on the Council which qualify under the 1989 Act.

12.2 Qualification for Allocation

A post of Political Assistant shall not be allocated to any Political Group which

does not qualify for a post and a Political Group only qualifies for a post if; (i) the membership of that Group comprises at least 1/10th of the

membership of the Council; (ii) the number of other Groups (if any) which are larger than that Group

does not exceed 2; and (iii) where the number of other Groups which are the same size as or larger

than that Group exceeds 2, the Council has determined that that Group should be a Group to which a post is allocated.

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12.3 Filling of Posts A post of Political Assistant which has been allocated to a Group in accordance

with these Employment Procedure Rules and Section 9 of the Local Government and Housing Act 1989 shall be filled from time to time in accordance with the wishes of the Group to which the post has been allocated.

13. Substitute Members

A substitute Member may be appointed to attend meetings in the absence of the Member for whom (s)he is a named substitute. It is the responsibility of a Member to arrange a substitute Member to attend in his/her place providing political balance is maintained.

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Part 5 – CODES OF PRACTICE, PROTOCOLS AND PROCEDURES

MEMBER CODE OF CONDUCT This Code applies to Elected Members and Co-opted Members of Wakefield Council in all aspects of their public life. This means that the Council expects Members to follow this Code when they are conducting the work of the Council, representing the Council on any external organisation, and otherwise acting in their official capacity. The Code of Conduct does not apply to what Members do in their purely private and personal lives. Part One - Standards of Conduct You must have regard to, and act in accordance with, the following standards of conduct: 1. Selflessness

You should serve only in the public interest, and should never improperly confer an advantage or disadvantage on any person, organisation or group, or any other third party.

2. Integrity

You should not place yourself under a financial or other obligation to outside individuals or organisations that might seek to influence you in the performance of your official duties. You should exercise independent judgement. Although you may take account of the views of others (including a political group) you should reach your own conclusions on the issues before you and act in accordance with those conclusions.

3. Objectivity

You must make decisions based on the information before you, having had regard to any professional advice provided to you and in accordance with your view of the public interest.

You should make decisions on merit, this includes when making appointments, awarding contracts, or recommending individuals for awards or other recognition, listen to the interests of all parties appropriately and impartially and take all relevant information, including advice from the Councils Officers, into consideration.

4. Accountability

You are accountable to the public for your decisions and actions and the manner in which you carry out your duties. You must co-operate fully and honestly with any scrutiny appropriate to your office.

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You should not undertake any action which would bring the Council, your position, or the position of Members generally, into disrepute.

5. Openness

You must be as open as possible about your actions and those of the authority, and should be prepared to give reasons for those actions. You must not prevent anyone getting information which they are entitled to by law.

Where the law or the wider public interest requires it, you must not disclose confidential information or information to which public access is restricted.

“Confidential information” should not be disclosed except in limited circumstances, for example

• You have the consent of the person authorised to give it;

• You are required by law to do so;

• The disclosure is made on a confidential basis to a third party in order to obtain professional advice; or

• You have satisfied yourself, with appropriate advice from the Councils relevant Statutory Officer, that the disclosure is in the public interest

6. Leadership

You must promote and maintain high standards of conduct by supporting these principles by leadership and by example, and should act in a way that secures or preserves the confidence of others.

You must have due regard to the impartiality and integrity of the authority’s statutory officers and its other employees.

7. Honesty

You must declare any private interests, both pecuniary and any other interests, that relate to your public duties and must take steps to resolve any conflicts arising in a way that protects the public interest, including registering and declaring interests as set out in Part Two.

You must only use or authorise the use of the authority’s resources in accordance with the authority’s requirements. You must, when using or authorising the use by others of such resources, ensure that they are used for proper purposes only. Resources must not be used improperly for political purposes (including party political purposes) and you must have regards to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.

8. Respect for Others

You must treat others with courtesy. You should engage with colleagues and staff in a manner that underpins mutual respect and courtesy, essential to good local government.

You must not do anything which may cause your authority to breach any equality laws.

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You must not compromise or attempt to compromise the impartiality of anyone who works for, or on behalf of, the authority.

You must not bully any person, including other Councillors, Officers of the Council or members of the public. Part Two – Registration and Disclosure of Interests Registration of Interests 9. Within 28 days of your election or co-option, you must notify the Monitoring

Officer of any ‘disclosable pecuniary interests’ which you have at that time. 10. Where you are re-elected or re-appointed, notification is only required of any new

disclosable pecuniary interests within 28 days of your election or co-option. 11. You must keep your Register of Interests entry up to date by notifying the

Monitoring Officer of any changes to your disclosable pecuniary interests within 28 days of the change occurring, or of you becoming aware of the change.

12. Section 30(3) of the Localism Act sets out the circumstances in which such an interest is a disclosable interest. A ‘Disclosable Pecuniary Interest’ is defined by regulations made by the Secretary of State, and includes Employment, office, trade, profession or vocation; Sponsorship; Contracts; Land; Licences; Corporate tenancies; and Securities.

13. A pecuniary interest is a ‘disclosable pecuniary interest’ in relation to you if it is of

a type described above, and either: (a) it is an interest of yourself, or (b) it is an interest of -

(i) your spouse or civil partner, (ii) a person with whom you are living as husband and wife, or (iii) a person with whom you are living as if they were civil partners,

and you are aware that that other person has the interest. 14. You are also required to notify the Monitoring Officer of any gifts or hospitality

with an estimated value of at least £25

which you receive in your role as a Wakefield Councillor. You must inform the Monitoring Officer of any such gifts or hospitality within 28 days of receiving them so that the details can be entered into the Register of Interests.

Sensitive interests 15. If the nature of an interest is such that you and the Monitoring Officer consider

that disclosure of the details of the interest could lead to you, or a person connected with you, being subject to violence or intimidation, the interest must not be included in any published version of the Register of Interests, or be entered into any copy of the register that is made available for public inspection.

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Disclosure of disclosable pecuniary interests at meetings 16. The following provisions apply if you are present at a meeting of the authority or

of any committee, sub-committee, joint committee or joint sub-committee of the authority, and you are aware that you have a disclosable pecuniary interest in a matter to be considered, or being considered, at the meeting.

17. If the interest is not entered in the authority’s Register of Interests, you must

disclose the interest to the meeting (unless the interest is a sensitive interest). 18. If the interest is not entered in the authority’s Register of Interests and is not the

subject of a pending notification, you must notify the Monitoring Officer of the interest before the end of 28 days beginning with the date of the disclosure.

19. Where the interest does appear in the Register of Interests, you must bring the

interest to the attention of the meeting (unless the interest is a sensitive interest). 20. You may not:

(a) participate, or participate further, in any discussion of the matter at the meeting,

(b) participate in any vote, or further vote, taken on the matter at the meeting (unless the Member has requested and been granted a relevant dispensation); or

(c) remain in the room during the discussion or vote on the matter. 21. Where you have a disclosable pecuniary interest in a matter to be considered at

a meeting, you may attend the meeting but only for the purposes of making representations, answering questions or giving evidence relating to the matter, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. Once you have finished, or the meeting decides you have finished, you must leave the room and may not remain in the room during the discussion or vote on the matter.

Disclosure of other interests at meetings 21. Where you are present at a meeting of the authority, or any committee, sub-

committee, joint committee or joint sub-committee of the authority, and identify any other significant interests which you feel should be declared in the public interest, such interests may be declared to the meeting.

22. In such circumstances you must consider whether your continued participation in

the matter relating to your interest would be reasonable in the circumstances, particularly if the interest may give rise to a perception of a conflict of interests in the matter under discussion.

Allegations of a Failure to Comply with Code of Conduct 23. All complaints alleging a failure to comply with this Code will be considered in

accordance with a procedure agreed by full Council.

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Extract from the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012.

• The following categories are Disclosable Pecuniary Interests

• “M” denotes the relevant elected Member Subject

Prescribed description

Employment, office, trade, profession or vocation

Any employment, office, trade, profession or vocation carried on for profit or gain.

Sponsorship Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by M in carrying out duties as a member, or towards the election expenses of M. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992(1).

Contracts Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority— (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.

Land Any beneficial interest in land which is within the area of the relevant

authority.

Licences Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer.

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Corporate tenancies Any tenancy where (to M’s knowledge)— (a) the landlord is the relevant authority; and (b) the tenant is a body in which the relevant person has a beneficial interest.

Securities Any beneficial interest in securities of a body where— (a) that body (to M’s knowledge) has a place of business or land in the area of the relevant authority; and (b) either— (i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or (ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

Planning Code of Conduct

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Planning Code of Conduct "Development control is a process by which society, represented by locally elected Councils, regulates changes in the use and appearance of the environment. As such it is of critical importance. Decisions taken in the planning process have long-term consequences and are usually irreversible. Well-considered decisions can enhance and enrich the environment. Poor decisions will be endured long after the decision-takers have died. " Audit Commission, Building in Quality 1992 “Councillors must bring to planning decisions a sense of the community's needs and interests. That is why they are there. Theirs is the sometimes difficult task of marrying their duty to represent the interests of the community with their obligation to remain within the constraints of planning law, and only to take account of relevant matters. If they do either to the exclusion of the other they are equally at fault.” Nolan Committee, Third Report - paragraph 290 1. Introduction 1.1 This Code is specifically intended for the guidance of Members who sit on the

Planning and Highways Committee or who may be otherwise directly involved in the decision-making process, together with Planning Officers, regarding planning applications.

1.2 Decisions of the Planning and Highways Committee should reflect the interests

of the community as a whole. The role of an elected Member on the Committee thus involves the requirement to both represent the needs and interests of individual constituents and the community with the need to take a balanced view of what can be highly controversial proposals. Decisions must be reasonable in terms of planning law, policy and guidance, and should be determined in a manner that is transparent, fair and open. A central tenet is that decisions should not be taken, or implied, until all pertinent issues have been considered at the relevant meeting of the Committee.

1.3 A Councillor who is not a Member of the Planning and Highways Committee

has more freedom in terms of expressing a personal view on an application, or in adopting a particular role of advocacy. However, aspects of this Code and its general intention apply to all Councillors and not just those who sit on the Committee. Particularly important are those relating to general probity, avoiding the promotion of personal (as opposed to community) interests, and implying prior commitment by the Council to a particular outcome. Sections 4 and 5 are particularly relevant to all Councillors.

1.4 The procedures to be followed also apply to any matters relating to the

preparation or review of the Unitary Development Plan /Local Development Framework. Members should have regard to the Members’ Code of Conduct in addition to these specific points in relation to planning.

1.5 The two quotations at the head of this Code encapsulate essential aspects of


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the planning process. For all Members, the key guiding principle in dealing with planning matters is that the integrity, openness and fairness of the Council’s decision-making process should be seen to be preserved.

1.6 To assist in this, if Members are approached for paid advice they are required to declare those payments in their register of interests. 2. Declaration of Interests - Planning Matters 2.1 In the context of planning issues, the Council’s Members’ Code of Conduct

requires a Councillor to abstain from involvement decision-making in any issue the outcome of which might advantage, or disadvantage the personal interests of the Councillor, his family, friends or employer or any person with whom they have a close association.

2.2 The exceptions made to the definition of pecuniary interests relating to

membership of outside bodies set out in the Code are attempts to clarify the nature of such interests and to encourage participation in such cases. Members are not prevented from participation in discussions in such cases, as mere membership of another body does not constitute an interest that requires such a prohibition, particularly if the member is only on that body as a representative of the authority.

2.3 In the context of planning matters, this approach requires the exercise of

particular judgment on the part of the Councillor. If a planning matter under consideration relates to another body upon which the Councillor serves, the above exemption would suggest that the member could participate in a decision on that matter - i.e. membership of that body could not on its own be considered a pecuniary interest.

2.4 However the general principles relating to pre-judgment apply and if a member,

in advance of the decision-making meeting had taken a firm view on the planning matter, either in meetings of the other body or otherwise, they would not be able to demonstrate that, in participating in a decision, all the relevant facts and arguments had been taken into account - they would have fettered their discretion. The above exemption therefore applies in the planning context only if the member has avoided forming a fixed view on the issue in advance. This general principle is that you must avoid forming or expressing a fixed view on the issue in advance of full consideration of the matter at the Committee meeting.

2.5 The Member Code of Conduct aims to provide Members with the same rights

as ordinary members of the public to speak on planning applications at meetings despite having an interest. The Member must withdraw from the room as soon as s/he has made their representation and answered any questions on the case which the Committee may wish to ask.


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3. Contact with Developers, Applicants for Planning Permission and their Agents

3.1 If an approach is received from an applicant/agent in relation to a particular

planning application or a matter, which may give rise to a planning application, the Member should:

• Avoid giving any commitment or impression of a commitment if you are on the decision-making Committee, and in all cases avoid indicating the likely decision and committing the Council. If you give an opinion, ensure that it is made clear that this is subject to full consideration of all issues and the subsequent decision of the Committee. The impression should not be given that you have made up your mind before having considered the issues in the light of all relevant information presented to the Committee.

• Make clear at the outset of any meeting that the discussion will not bind the Council to making a particular decision, and that any views expressed are personal and provisional. By the very nature of such meetings not all relevant information will be to hand, neither will formal consultations with interested parties have taken place.

• Recommend that the applicant or their agent contact the relevant Officers of the Council, and advise that representations and information for consideration by the Committee should be forwarded to the Service Director, Planning, Transportation and Highways.

• If any commitment has been given, declare the fact at the Meeting where the application is being considered.

3.2 It is advisable that any written information received by a Member of the

Planning and Highways Committee from an applicant or agent or other party, and which may have a bearing on the determination of an application, is made available for consideration in relation to the relevant application. Members should keep a record of any such communication and, as far as possible, ensure that such information is made available to the Service Director, Planning, Transportation and Highways in the preparation of the Officer’s report, or can be declared at the start of the consideration of the particular application.

3.3 Given that the point at which a decision on a planning application is made

cannot occur before the Committee meeting, when all available information is to hand and has been duly considered, any political group meeting prior to the Committee meeting should not be used to decide how Councillors should vote. The view of the Ombudsman is that the use of political ‘whips’ at group meetings in this way is contrary to the former National Code of Conduct, amounting to maladministration. There is nothing in the Members’ Code of Conduct, which would lead to a different view.

3.4 Members can be involved in discussions with developers or potential applicants


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at the pre-application stage of proposals, but any formal or significant contacts must be part of structured and recorded arrangements with Officers. Members should seek advice about appropriate arrangements. In all circumstances it must be clear that no discussion can imply commitment by the Council, or predicate a decision of the Planning and Highways Committee:

• Members are advised to keep a record of all contacts.

• Members requesting Officers attendance should provide adequate notice of the proposed meeting to allow for preparation of relevant information and any request should be made via the Chair/Deputy Chair of the Planning and Highways Committee.

3.5 It is important that Members have a clear understanding of each application for

planning permission to enable them to make an informed decision. In some circumstances it will be appropriate due to the complexity and scale of a development, for Members to receive a presentation outlining the key elements of a scheme that may result in a number of subsequent applications. Such briefings do not form part of the decision making process and Members must have regard to the guidance set out at paragraph 3.1 above. The Service Director, Planning, Transportation and Highways in consultation with the Chair of the Committee will determine the appropriateness of the Committee receiving pre application presentations by developers.

3.6 Councillors & the public are invited to any public developer presentations to the

Council on major applications (To ensure transparency of process & minimise private briefings).

The chair or officer explains the role of members present at any pre-application discussion and this is recorded in the note of the meeting.

Planning committee members’ role in pre-application discussions is to learn about the emerging proposal, identify issues to be dealt with in any further submissions, but not to express any initial view on the proposal as to pre-determine their view on any formal application.

Officers will note those present, the issues identified at the pre-application discussion meeting and take appropriate follow up action recording the outcome of the meeting to the developer and on a public file.

Any planning committee Councillor who elects to support a view for or against the development being discussed in pursuit of their community champion role will predetermine their position to the extent they will be advised to declare a non-pecuniary interest and be free to present their community views to the committee in the event of the committee considering a subsequent application but not to vote on the application.


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4. Lobbying of and by Members/Contact with Neighbours, Objectors, Supporters or Other Third Parties

4.1 It is recognised that an essential part of a Member’s role is to listen to residents’

views and represent these to the Council. However, it is important that Members make decisions based upon full facts and all the relevant planning considerations.

4.2 When considering representations Members may feel committed to a particular

position. In this case Members must make it clear to third parties that this is not necessarily the Committee's position on the application and should avoid giving the impression that the Member has irrevocably made up his/her mind before consideration of a full report from Officers and any other material information. This is particularly important for Members on the decision-making Committee.

4.3 If a Member responds to lobbying by deciding to go public in support of a

particular outcome - or even campaign actively for it - it may be very difficult for that Member to argue convincingly when the Committee comes to take its decision, that he/she has carefully weighed the evidence and arguments presented at the Committee meeting. Whilst in most circumstances this would not amount to a pecuniary interest, if a Councillor has committed him/herself to a fixed view on the matter the proper course of action for such a Member would be to make an open declaration and not to vote. It should be possible by following the above Guidance for a Member to give support to a particular body of opinion whilst waiting until the Committee Meeting and hearing all the evidence presented before making a final decision.

4.4 To help the Committee to reach a balanced decision Members should advise

that representations including any technical issues, should be made in writing to the Service Director, Planning, Transportation and Highways.

5. Members of the Council as Developers 5.1 Where a Member, or a close friend, or a relative, or a Member acting as an

agent requires to make a planning application to the Council they should discuss it at the earliest opportunity with the Service Director, Planning, Transportation and Highways. The application and associated discussions will be overseen by the Director – Planning and Highways who will inform the Monitoring Officer. The Member should play no part in the decision making process for that proposal. Any application made directly by a Member should be reported to the Planning and Highways Committee and not the Planning Delegation Meeting and must be treated in the same way as any other application. The Member’s interest should be made clear at the outset. Committee Members submitting planning applications should not use their position as a Member of the Council to put pressure on Officers in dealing with their application.

5.2 The consideration of a proposal from a Councillor in such circumstances would

be considered as a pecuniary interest under the Members’ Code of Conduct and as such, the Councillor would be required to withdraw from any


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consideration of the matter other than to make representations (see paragraph 2.5 above). The Code also provides that the Councillor should ‘not seek improperly to influence a decision about the matter’. ‘Improperly’ does not imply that a Councillor should have any less rights than a member of the public in seeking to explain and justify their proposal to an officer in advance of consideration by a Committee. In circumstances where a Councillor attends in the capacity as a private individual to speak on a planning application they have the same rights as a member of the public wishing to speak.

6. Planning Applications for Land and Property situated in the vicinity of Property

Owned and/or Occupied by Members and Other Applications in which Members have an Interest.

6.1 Of particular relevance to a Councillor serving on a Planning Committee is the

requirement that a Member: “must not in his official capacity, or any other circumstances, use his position as

a member improperly to confer on or secure for himself or any other person, an advantage or disadvantage”, (paragraph 5(a) of the Members’ Code of Conduct).

6.2 The basis of the planning system is the consideration of private proposals

against wider public interests. Much is often at stake in this process, and opposing views are often strongly held by those involved. Whilst Councillors should take account of these views, they should not favour any person, company, group or locality, nor put themselves in a position where they appear to do so. Councillors who do not feel that they can act in this way should consider whether they are best suited to serve on a Planning Committee.

6.3 Members may sometimes be faced with a situation where a planning proposal

may affect the amenity and/or value of a property in which they have an interest. It is for the Member to judge how they are affected and what action to take.

6.4 The law requires Members to disclose pecuniary interests in matters coming

before the Planning and Highways Committee. 6.5 It is important that Members make a clear distinction between their role as a

private citizen and that of a Councillor. 6.6 If Members have a pecuniary interest in an application but wish to make a

representation as a private citizen, then that representation should be made in writing as a personal letter. Members should not use their Councillor title or Council notepaper. Members should not contact the developer or their agent at any time.

6.7 If the Member concerned is also a Committee Member they should declare an

interest and withdraw from the meeting when the application is considered.


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7. Site Visits by the Planning and Highways Committee 7.1 The site visits are part of the official business of the Committee and therefore

the Members Code of Conduct and this Members Planning Code of Conduct apply to the carrying out of site visits by the Planning and Highways Committee. Members are also reminded that whilst undertaking Site Visits they should adhere to Health and Safety procedures. If Members have a pecuniary interest they should declare it at any site visit and separate themselves from the Committee when the item is being considered.

7.2 The purpose of a Planning and Highways Committee site visit is to enable

Committee Members to see an application site before making a decision about granting or not granting planning permission for development on that site. A site visit is not an opportunity for lobbying, and neither applicants and their agents nor objectors may use it as an opportunity to state their case, although they may request that Committee Members view particular aspects of the site. A site visit may be held if the application raises issues such as visual impact, or impact on amenity, which the Chair/Deputy Chair of Planning and Highways Committee consider may be better appreciated by a site visit. When a Local Member applicant or objector requests a site visit they should identify the planning issues they consider need to be looked at on site so that the Chair and Deputy Chair can be satisfied there is value in the Committee carrying out a site visit. The decision on whether a site visit is carried out by Committee is a decision for the Chair and Vice Chair of the Committee.

7.3 When a Committee site visit is to take place and access onto the site is needed

the applicant or agent will be notified of the proposed time and date to ensure this can be obtained. The Local Members for the Ward will be invited to attend the site visit, but third parties, including objectors and supporters will not be formally invited to attend. No third party (including objectors and supporters) or Local Members may use a site visit as an opportunity to lobby Members of the Committee.

7.4 The procedure for the visit is as follows:

• At the commencement of the site visits, the Chair/Deputy Chair will remind Members of procedures and the constraints placed upon Members, (including the provisions of the Members Code of Conduct and this Members Planning Code of Conduct) and that no decision will be taken during the inspection.

• On arrival at the site an officer will briefly explain the case and issues to Members while they are on the bus.

• Only Members of the Planning and Highways Committee will be allowed onto the bus.

• Local Members should meet the Committee at the site but should not get onto the bus.


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• If any supporter, objector or Local Member makes an approach to the Committee this should be done through the Chair and Deputy Chair or the Planning Officer. Comment should be limited to clarifying procedures.

• Committee Members should avoid discussion of the proposal with the applicant or their agent any supporters or objectors to the proposal or any Local Members who may be present. If any supporter, objector or Local Member makes an approach comment should be limited to clarifying procedures. It should be explained that the site visit is not an opportunity for lobbying, and that they will have the opportunity to formally address the Committee when the application is considered and the decision will be taken.

• During the site visit, Committee Members should ensure that they are in a position to see all relevant points and ensure they remain together as a group to hear any matter of clarification. They must also avoid any public expression of a particular view of the application.

• At the conclusion of the site visit, opportunity will be given for Committee Members to seek further clarification from Officers of any issues that have arisen.

• A record of the Committee Members who attended each visit will be kept and whether Local Members/objectors/supporters were present.

8. Planning and Highways Committee Decisions 8.1 Members should constantly bear in mind that decisions must be reasonable in

terms of the framework of planning legislation, policy and guidance. Members must therefore base their judgments on relevant material planning considerations. It is not unreasonable for a Committee Member to have some view on an application prior to the Committee meeting. However, a Member must consider carefully whether a particular interest in an application is seen to be such as to vitiate his/her ability to make a balanced judgment based on relevant considerations. If this is the case, then the appropriate course of action will be to refrain from speaking or voting on the application.

8.2 It is the role of Officers to ensure that Members are given a full and balanced

presentation of the facts in relation to planning applications, and that all relevant planning considerations are included in the Service Director Planning, Transportation and Highways report to the Planning and Highways Committee on individual applications.

• Committee reports will continue to identify all policies that are relevant to the determination of the application. Where the interpretation of the policy is a matter of balance, as opposed to demonstrable fact or evidence, this will be identified.


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• The report will make reference to representations received from the public and will set out the Service Director, Planning, Transportation and Highways’ response to planning issues that are raised in the representations. The report will also refer to issues that have been taken into account in reaching the Director – Planning and Highways’ recommendation and refer to planning policies and any planning judgments that have been made in assessing the application and reaching the recommendation. Matters that may weigh against the final recommendation will be fully and fairly covered.

• Members should not pressurise Officers with the aim of securing a particular recommendation.

• Representatives of objectors or supporters/applicants will be able to speak at the Planning and Highways Committee in accordance with the Council’s code for this purpose.

8.3 If the Committee proposes to make a decision contrary to the Officer recommendation, a detailed minute of the Committee’s reasons should be made. The reasons should be clear, relevant and reasonable. Officers should be given the opportunity to explain the implications of the proposed decision, if considered necessary. A Member who wishes to propose a resolution contrary to the Officer recommendation must consider and state the clear, relevant and reasonable planning grounds upon which this can be based. Whilst it is part of the Officer’s role to provide advice and support to the Committee in framing its proposed decision, Officers should not be asked to invent or find reasons to support such a decision.

8.4 If it is proposed that a decision is made:

(a) contrary to policy and Officer recommendation, or (b) contrary to Officer advice that the matter relates to an issue of technical

evidence and that there is in the view of officers no such evidence to support the proposed decision, or

(c) contrary to Officer advice that a refusal of the application for the proposed

reasons may not be reasonable a report is to be prepared for the next appropriate Committee meeting setting out whether clear, relevant and reasonable planning grounds exist for the proposed decision and/or departure from policy in the circumstances of the particular application.

The Chairman will ask the Committee informally if Members are minded to go against the recommendation, and for what reasons. If it is considered by the Chairman that (a), (b) or (c) above apply, a formal vote on whether to grant or refuse the application will not be taken until the further report has been considered. In all such cases the appropriate resolution for the Committee will be that it is “minded to refuse” or “approve” the application (as appropriate) subject to consideration of the further report and that the decision be deferred


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until the further report has been considered. The application will remain undetermined until the Committee has considered the second report. This procedure also applies to proposed grants of planning permission against Officer recommendation.

8.5 Reference to the personal circumstances of an applicant should be an

extremely rare occurrence. Where personal circumstances of the applicant are raised the Committee should only have regard to them on the advice of the Service Director, Planning, Transportation and Highways / or the City Solicitor or their representatives

9 Council Officers involved in the Planning process 9.1 Conduct Officers will at all times observe the officers Code of Conduct and the relevant policy Guidance. 9.2 Honesty Officers must declare any private interests and any other interests, which relate to their Council duties. Officers must only use or authorise the use of the authority’s resources in accordance with the authority’s requirements. Officers must, when using or authorising the use by others of such resources, ensure that they are used for proper purposes only. 9.3 Registration and Disclosure of Interests Sensitive interests If the nature of an interest is such that you consider that disclosure of the

details of the interest could lead to you, or a person connected with you, being subject to violence or intimidation.

Where an Officer, or a close friend, or a relative, or an officer acting as an

applicant and or agent and requires to make a planning application, make a third party contribution, or is linked to an enforcement matter referred to the Council they should discuss it at the earliest opportunity with the Service Manager or Service Director, Planning, Transportation and Highways. The application and associated discussions will be overseen by the Service Director, Planning, Transportation and Highways who will inform the Chair and Deputy Chair of Planning and notify the City Solicitor as the Council’s Monitoring Officer. Applications for Land and Property situated in the vicinity of Property Owned and/or Occupied by officers and other Applications in which officers have an Interest, should be declared.

The Officer should play no part in the decision making process for that

proposal. Any application made directly by an officer should be reported to the Planning and Highways Committee and not the Planning Delegation Meeting and must be treated in the same way as any other application. The officers’ interest should be made clear at the outset, in writing and they should not use their position to put pressure on any officer dealing with their application. All correspondence relating to the matter should be submitted privately and in the


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officers own time. The application should be submitted to the City Solicitor for him/her to sign off the application to the committee that proper process has been followed.


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Employees’ Code of Conduct

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Employee Code of Conduct

1. Introduction

a) The public is entitled to expect the highest standards of conduct from all employees who work for Wakefield Council.

b) This framework code of conduct, supplemented by directorate specific variations, is aimed at ensuring that employees are aware of the standards of behaviour expected of them by Wakefield Council.

c) Some of the issues covered by this code will affect senior and managerial employees more than it will others. However, it covers all employees who have an employment contract with Wakefield Council, including relief and casual employees, and as such it forms part of their conditions of service.

d) Failure to observe the standards set out in this code may be regarded as serious and any breach could lead to disciplinary action under the Council’s agreed disciplinary procedure as appropriate, up to and including summary dismissal.

e) The Council recognises that some employees will be required to work to their own professional code of conduct. In exceptional circumstances there could be a conflict between this code and the requirements of a professional code of conduct. In such circumstances employees must discuss the conflict with their Service Director before taking any actions which could be contrary to the code.

f) Employees in community schools, community special schools, voluntary controlled schools and maintained nursery schools are subject to a separate employee Code of Conduct which adopts the principles contained within this framework code.

2. Council Core Values and Standards

2.1 The Code reflects the Council’s core values and behavioural expectations which are as follows:

Core Values:

(i) Respect for all All employees will be polite and supportive to each other. Everyone’s contributions will be valued and employees will listen to and hear others, and be sensitive to their position.

(ii) Ambition All employees will set high standards and aim to continually improve. Feedback on performance will be sought and acted upon and employees will be encouraged to put forward new ideas to support further improvements to service delivery.


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(iii) Integrity Every employee will, in acting as an ambassador for the Council, maintain high standards of personal conduct demonstrated through an honest, open, impartial and tolerant approach when dealing with fellow employees, the public and other organisations.

2.2 Standards:

a) Council employees are expected to give the highest possible standard of service and maintain high standards of personal conduct when engaging with the public, other organisations and fellow employees. Where it is part of their duties to provide appropriate advice to Councillors and fellow employees, this should be with impartiality. Employees are expected to make the appropriate level of management aware of any deficiency in the provision of service. This will be through agreed procedures and without fear of recrimination.

b) Employees should be aware of the Council’s Customer Care Standards and ensure they apply these standards when dealing with all service users.

c) It is the duty of each employee to report to an appropriate manager any impropriety, breach of procedure, unlawfulness or maladministration.

d) Employees should be aware of the Council’s Whistleblowing Policy which gives support and protection for any employee who reports any wrongdoing, including impropriety, breach of procedure, unlawfulness or maladministration.

3. Disclosure of Information

a) The law requires that certain types of information must be available to members, auditors, government services, service users and the public. The Council may decide to be open about other types of information. Employees must be aware of which information the Council is and is not open about, and act accordingly. If an employee is not sure they should ask for guidance from their Service Manager.

b) Any requests for information made under the Freedom of Information Act should be referred to the Information Management Team which will provide appropriate advice and guidance.

c) Employees should not use any information obtained in the course of their employment for personal gain or benefit, nor should they pass it on to others who might use this information in such a way. Any personal information received by an employee from a Councillor, which does not belong to the Council, should not be divulged by the employee without the prior approval of that Councillor, except where disclosure is required or sanctioned by the law.

d) The public is excluded from certain proceedings or meetings associated with the business of the Council. Employees cannot tell the public about the content of the proceedings or corresponding documents relating to the Council, unless required by law or authorised by the appropriate Service Director to do so.


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e) All employees must adhere to the Data Protection Act at all times and specifically not disclose personal information about other employees or a member of the public to a third party without their agreement to do so (unless exempt under the Act).

4. Political Neutrality

a) Employees have a responsibility to the Council as a whole. It follows that they have responsibilities to all Councillors not just those of the controlling group, and must ensure their individual rights are respected.

b) Where employees are required to advise political groups, they must do so in ways which meet the corporate objectives of the Council, and which are balanced to reflect their political neutrality.

c) Employees, whether or not politically restricted, must follow every policy of the Council and must not allow their own personal or political opinions to interfere with their work.

d) Political assistants appointed in accordance with the Local Government and Housing Act 1989 are exempt from the standards set in paragraphs a) to c).

5. Relationships, Employment and Other Employee Matters

5.1 Relationships

a) Councillors The role of some employees is to give advice to Councillors directly or through their senior managers. All employees should carry out their work in accordance with the policies of the Council. Mutual respect between employees and Councillors is therefore essential for good local government.

b) The local community and service users Employees should always remember their responsibilities to the community and at all times ensure courteous, efficient and impartial service delivery to all groups and individuals within that community as defined by the policies of the Council.

c) Contractors All relationships of a business or private nature with external contractors, or potential contractors, should be made known to the appropriate manager. Orders and contracts must be awarded on merit, by fair competition, against other tenders. Special favours should not be shown to businesses run by, for example, friends, partners or relatives in the tendering process. No part of the local community should be discriminated against. Employees who engage with, supervise or have any official relationship with contractors and have previously had or currently have a private or domestic relationship with contractors, should declare that relationship to the appropriate manager.


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d) Other Employees Employees must declare any personal relationship with other employees of the Council to their manager where the relationship could cause or be perceived to cause, a conflict of interests. In these circumstances there may be a need to consider alternative employment or a change of duties. Employees must comply with the Council’s Relationships at Work guidance. Employees must treat colleagues with courtesy and respect. Verbal or physical abuse, bullying and insubordination to colleagues will not be tolerated.

e) National Audit Office or Other Inspectorates Officers who are related to, or a close friend of, any member of the National Audit Office or any other regulatory body Inspectorate, should declare a conflict of interest if that relative or friend is involved in an audit or inspection of the service within which they are employed or have contact.

5.2 Appointment and Other Employment Matters

a) Employees involved in appointing for roles should make sure they are made on the basis of merit. It would be unlawful for an employee to make an appointment based on anything other than the ability of the candidate to do the role. To avoid any possible accusation of bias, employees should not be involved in an appointment where they are related to an applicant, or have a close personal relationship outside work with them.

b) Similarly, employees should not be involved in decisions relating to discipline promotion or pay adjustments for any other employee who is a relative, partner etc.

6. Outside Commitments

a) Officers graded above Grade 7 have conditions of service which require them to get written consent to take any outside employment including unpaid/voluntary work and self-employment such as consultancy work.

b) All employees, regardless of grade, should be clear about their contractual obligations and should not take outside employment which conflicts with the Council’s interests.

c) Employees taking other employment must ensure that the total number of hours worked in a week is not, (or is not perceived to be) a risk to their own or colleagues’ health and safety. Specifically the Council expects all employees to notify their manager of any other employment which may result in their total working time going above an average of 48 hours a week.

d) An employee’s declaration of other employment does not remove the right of the Council to take action against any employee if it is deemed to be, or has been, detrimental to the Council’s interest of reputation, or where the other employment affects the employee’s work performance for the Council.


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e) The use of Council employees and resources, (e.g. computers, telephone, photocopier, etc.) for unofficial purposes is forbidden unless appropriate arrangements are made and approval is given by the appropriate manager. Communication relating to other employment is not permitted during working hours.

f) Employees should follow the Council’s rules on ownership of intellectual property or copyright created during their employment. Intellectual property is a generic term that includes inventions and patents, creative writings and drawings. If these are created by an employee during the course of their employment as part of their role, then as a general rule they belong to the Council.

g) Employees are sometimes requested to give presentations/advice using their professional skills and expertise, for organisations other than the Council. If the work forms part of their Council duties and is done as an official duty, they must ensure the Council receives any fee paid.

If the presentation or advice does not form part of their duties, employees may keep any fees, provided that the preparation and the presentation/advice is done in the employee’s own time and the employee is not acting as a representative of the Council.

h) This code recognises that teachers produce materials used in the classroom which they view as their own. Further clarification on this is in the School’s Code of Conduct.

7. Personal Interests

a) The Chief Executive, Corporate Directors, Service Directors, Service Managers and other employees designated as being politically restricted, must complete the Register of Employees’ Interests (see 'Related Downloads') with respect to any personal financial or non-financial interests that may be deemed to conflict with the Council’s interests.

b) The Council respects the rights of employees to a life outside work. It requires employees to clearly separate their employment from activities in their private life. Employees should only present their views, or act on issues outside work, e.g. communications with the media or as a member of a pressure group, as a private individual. Council employees should ensure that when engaging in such activities or endorsing a product or service, it is clear that they are not seen as a representative of the Council but as private individuals.

c) Employees are expected to raise concerns about work-related issues through the Council’s official procedures (including trade unions). It is not acceptable for employees to pursue work-related issues which affect them as a private individual, where there is a conflict between their private interest and their contractual duties as a Council employee.

d) All activities undertaken during working hours should help, not conflict with, the work of the Council. For example, during work hours employees must not try to persuade clients to come to a view about a service that is against the accepted Council view, or involve clients in campaigning activities that go against Council policy.


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This paragraph does not restrict employees having the right to legitimate protest on issues relating to their security of employment or changes to their conditions of service.

e) Employees should declare membership of any secret societies to the Council, via their Service Director. The definition of secret society is as follows:

“Any lodge, chapter, society, trust or regular gathering or meeting which:

• is not open to members of the public who are not members • includes a requirement to make a commitment (whether by oath or

otherwise) of allegiance in order to gain membership • includes, whether initially or subsequently, a commitment (whether by

oath or otherwise) of secrecy in regard to rules, membership or conduct.”

8. Equality Issues

a) The Council is an equal opportunities employer and all employees are under an obligation to ensure they are aware of workplace policies relating to equality issues and ensure that they are complied with.

b) All members of the local community, clients and colleagues have a right to be treated with fairness and equality.

c) Employees should be familiar with the Council’s policy on discrimination and harassment, and ensure they treat all colleagues, clients, and members of the local community with dignity and respect.

d) If employees consider that they have been subject to discrimination and/or harassment in the course of their employment, they should report this to an appropriate manager at the earliest opportunity so the concerns can be investigated and responded to as appropriate.

9. Tendering, Corruption and Financial Information

9.1 Separation of roles during tendering

a) Employees involved in the tendering process and dealing with external contractors should be clear on the separation of client and contractor roles within the Council. Where tendering involves an in-house contractor, service employees should be mindful of the need for accountability and be aware of the Council’s commitment to providing best value at all times. Employees who have both client and contractor roles must be aware of the need for equality.

b) Employees must exercise fairness and impartiality when dealing with all customers, suppliers, other contractors and sub-contractors.

c) Employees who have access to confidential information on tenders or costs for internal or external contractors should not disclose that information to any unauthorised party or organisation.


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d) Employees should ensure that no special favour is shown to current or recent former employees or their partners, close relatives or associates in awarding contracts to businesses run by them or employing them in a senior or relevant managerial capacity.

e) Employees must not buy items for personal use through the Council’s contracts with external contractors.

9.2 Corruption, fraud and theft

a) It is a serious criminal offence for employees, in their official capacity, to corruptly receive or give any gift, loan, fee, reward or advantage for doing, or not doing, something or showing favour or disfavour to any person. If an allegation is made, the employee should show that any benefit has not been dishonestly gained.

b) The deliberate falsification of documents is not acceptable. If an employee does this for pay or other financial benefit for themselves or others it may be regarded as a criminal offence requiring police investigation as well as being a serious disciplinary matter. Where deliberate falsification is intended to gain a non-financial benefit such as flexitime credit, this will equally be regarded as a serious disciplinary matter.

c) Theft of either the Council’s, or service users’ funds or property is considered gross misconduct under the Council’s disciplinary procedure and may be reported to the Police. Borrowing Council money, even when the employee has every intention of returning it within a very short period of time, is also considered as theft.

d) Any Wakefield Council employee committing a fraudulent act against the Council or found to be involved with bribery in the performance of their duties will be subjected to the Council’s disciplinary procedures and may be reported to the Police (whether or not the act is outside of their direct employee role). For instance benefit fraud, the misuse of a blue badge, submitting a false insurance claim against the Council, Council Tax evasion, Council Tax Support fraud or falsely claiming single person’s discount are all offences against the Council that can be committed by employees outside of their direct role and which are likely to be subject to investigation under the Council’s Disciplinary Procedure. The internal action in relation to employees will be entirely separate to any criminal sanction which may be pursued.

Use of financial information

a) Employees must ensure they use public funds in a responsible and lawful manner at all times. They should strive to ensure value for money to the local community and to avoid legal challenge to the Council.

b) The application of financial regulations safeguard the Council's assets and use of financial and other resources. All employees must comply with the regulations when using or collecting public funds. When placing orders for goods and services employees must ensure that all rules are complied with, in particular the Financial and Contractual Procedures Rules.


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10. Relationships with Clients/Service Users

10.1 Boundaries between personal and professional relationships with client/service users

a) Employees must understand the importance of establishing and adhering to boundaries between personal and professional relationships with client/service users to avoid being open to allegations of favouritism to, or in some cases abuse of such clients/service users.

b) Employees should always inform their line manager of a present or previous personal relationship with a client/service user or a prospective client/service user. Employees should then avoid having a professional relationship with any clients/service users where there is, or has been, a personal relationship.

c) If an employee enters into a personal relationship knowing that the other person is a client/service user which relates to their role in the Council, they must inform their line manager immediately. Similarly if an employee has a personal relationship with someone who later becomes a client/service user they must again inform their manager and ensure they do not have a professional involvement in the case.

d) The following are examples of prohibited behaviour which fall outside the boundary of what is acceptable behaviour with regard to maintaining a professional relationship with clients/service users. This list is not exhaustive but indicative of behaviour deemed to be unacceptable.

• sexual relationships. • kissing and intimate touching. • indicating your affection or love for a service user. • planned or pre-arranged social meetings in public or in private which are not

directly related to the duties and responsibilities of the employee e.g. employees accompanying service users on an outing which is not part of a care plan.

• using illegal drugs with a client/service user. • On-line (internet) contact with service users which is of a social nature, such as

becoming ‘friends’ on social networking sites. • Inviting service users in to employee’s homes.

Whilst it is recognised that service users may occasionally come in to contact with friends, relatives and partners of staff, any further relationships of this nature should not be encouraged.

e) Employees with a caring role or providing a direct personal service may be placed in situations where they could benefit financially either directly or indirectly. Employees should refuse gifts other than tokens of a very small cash value (under £5.00) where it would be difficult to avoid causing offence. The employee should explain that it is against Council policy to accept gifts and ask that no further gifts are offered in the


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future. The employee should notify their manager of any gifts offered or received. Please see "Related Downloads" for further information.

f) Under no circumstances should an employee accept a gift of money of any value.

g) Under no circumstances should employees solicit gifts from clients/service users by informing them of a forthcoming birthday or personal event.

h) If an employee has been made a beneficiary in the will of a service user or former service user, they must immediately tell their Service Director, who will decide on the appropriate action.

i) Employees must not have any financial dealings with any service user except where it is a specific requirement of their post, and then only within the boundaries of their duties, therefore they must not borrow money or other property or act as executor of a service user's will.

11. Safeguarding

a) General

The Council and all of its employees have a responsibility to create and maintain a culture that will help deter, prevent and detect inappropriate or abusive behaviour. These responsibilities include:

• ensuring effective policies and procedures are in place; • following the regulations as set out in the Independent Safeguarding

Authority’s vetting and barring scheme; • setting acceptable standards of behaviour; • taking concerns seriously; • increasing awareness/commitment to safeguarding.

b) Safeguarding the welfare of children and vulnerable adults

i) Further to the provision of section 9 above it is important to highlight the responsibilities of the Council and its employees in safeguarding both children and vulnerable adults who depend on the Council’s services.

ii) Where a child or a vulnerable adult is dependent upon the Council and its employees the carer role must always be placed above all other interests. An employee must not compromise their relationship with vulnerable service users by pursuing conflicts of interest such as unprofessional, emotional or physical interaction and/or sexual interaction.

iii) Any behaviour or action on the part of the employees working with children and vulnerable adults should be open to scrutiny. This will include any conduct, behaviour and/or relationships that may occur outside of the work role/place where it is felt that it conflicts with the carer role. Any behaviour or action which involves secrecy is almost certainly inappropriate and is likely to constitute serious misconduct.


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iv) Employees must ensure appropriate boundaries in terms of relationships with service users are maintained. If an employee has difficulty enforcing or maintaining appropriate boundaries in terms of their relationship with a service user because of the actions or responses of the service user, the issue should be referred to the employee’s line manager immediately to allow appropriate action to be taken and recorded.

v) Employees assisting children and young people to break the laws in relation to the use of cigarettes, alcohol and illegal drugs will be deemed to have committed serious misconduct under the Council’s disciplinary procedure.

vi) If an employee reasonably suspects another employee is acting contrary to the provisions set out in i)-v) above they must inform an appropriate Service Director immediately. Employees may also refer to the Whistleblowing Policy.

vii) All employees providing early years childcare or later years childcare (up to the age of 8), or who are directly responsible for managing such childcare as defined by the Childcare (Disqualification) Regulations 2009 must make an affirmation, every 5 years, that they are not disqualified from working in these settings. Employees must bring to the attention of their manager any criminal convictions, cautions, police enquiry or pending prosecution during the course of their employment and also declare any such issues relating to anybody else living within their household as required under these Regulations which may result in their disqualification either directly or ‘by association’. An assessment will then be made as to whether the employee is disqualified from working with those children.

12. Gifts and Hospitality

a) Employees should only accept offers of hospitality if there is a genuine need to pass on information or represent the Council in the community. Similarly they may attend events hosted by organisations with which the Council has formal partnership working arrangements if this is seen to be helping to strengthen the partnership. Offers to attend purely social or sporting functions should be accepted only when these are part of the life of the community or where the Council should be seen to be represented. They should be properly authorised and recorded by their Service Director.

Guidance notes and forms for declaration of gifts and hospitality are available electronically via the Council Constitution.

b) When hospitality has to be declined those making the offer should be politely but firmly informed of the Council’s procedures and standards.

c) Employees should not accept significant personal gifts from contractors and outside suppliers. Keeping insignificant items of token value such as pens or diaries is acceptable. Accepting personal gifts of small value from outside suppliers or private individuals may be allowed if it is provided for under a service policy, which may supplement the framework set out in this code. Please see "Related Downloads".


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d) If an employee receives a gift with more than a token value without warning, it should be reported immediately to their Service Director, who will decide whether the gift should be returned.

e) When receiving authorised hospitality employees should be particularly sensitive to timing in relation to any decision which the Council may be taking affecting those providing the hospitality.

f) Accepting hospitality by attending relevant conferences and courses is acceptable where it is clear the hospitality is corporate rather than personal, and where the Council is satisfied that any purchasing decisions are not compromised. Where visits to inspect equipment etc. are required, employees should ensure the Council meets the cost of such visits to avoid risking the integrity of future purchasing decisions.

g) Employees accepting offers of hospitality are acting as ambassadors for the Council. They must act appropriately, including acting responsibly when drinking alcohol.

h) Care must be taken to make sure that any hospitality provided by the Council is seen to be appropriate and justifiable in terms of the costs and value for money. Any spending relating to providing hospitality must be authorised by the appropriate budget holder. They will keep a record of the spending and the justification for it, in a way which allows for an open and transparent audit of such expenditure.

12.1 Sponsorship

a) When an outside organisation wants to sponsor a Council activity, whether by invitation, tender, negotiation or voluntarily, the basic rules about accepting gifts or hospitality apply. Particular care must be taken when dealing with contractors or potential contractors.

b) Where the Council wishes to sponsor an event or service employees, their partner, spouse or relatives, must not benefit in a direct way without there being full disclosure to an appropriate manager of any such interest. Similarly, where the Council gives support to the community through sponsorship, grant aid, financial or other means, employees should ensure that impartial advice is given and there is not a conflict of interest.

13. Contact with the Press and Media

a) Unless specifically nominated and authorised by the Chief Executive or their Corporate Director, employees cannot give reports or speak to the press and media on matters relating to employment with the Council, Council business or decisions of the Council. The Service Manager, Communications and Complaints is responsible for dealing with the press and media. They may specifically nominate other officers. Employees with this responsibility should not give views which are contrary to a position taken by the Council and which may be deemed to be critical of any Council decisions.


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b) This Code is not intended to inhibit or restrict the reasonable and legitimate role of trade union representatives (when acting in this role and not in their capacity as an employee) but they are bound, in carrying out their role, to honour the intent of the code.

14. Social Media

a) Social media is the term commonly given to web-based tools which allow users to interact with each other in some way by sharing information, opinions, knowledge and interests on line. As this is a growing and constantly changing area the following provisions should be applied to all forms of social media. b) The Council recognises that many employees make use of social media in a personal and work capacity. While a large amount of activity on social media is either entirely harmless or non-work related, concern can arise where postings made by employees in a personal capacity express views which the Council would not wish to be associated with. The comments employees make in a personal capacity (even outside of working time) have the potential to damage the Council and can call into question its trust and confidence. All employees must exercise caution when posting comments relating to work and / or colleagues, videos or pictures that expose some form of work-related misconduct, such as avoiding work or breaching health and safety practices, or which might be objectionable or defamatory to the Council.

15. Use of Electronic Equipment

15.1 Context

a) All electronic equipment and systems provided by the Council are for the use of employees in relation to their work, or for users not directly employed by the Council, but authorised to use the equipment by the Council. Employees should be encouraged to use electronic equipment at work for personal learning and development. This should be approved by their manager and comply with the expected standards and restrictions on use as set out in the full policy document.

15.2 Standards expected) The Council expects all employees to use the equipment in a responsible and legal manner. The use of offensive, abusive or inappropriate language in emails or other communications is forbidden.

c) All material stored on the Council’s systems are confidential, and subject to the provisions of the Data Protection Act 1998. The Council expects the highest standards of confidentiality to be observed. Employees should clarify any queries about storage and the use of information with their managers.

d) User codes and passwords are allocated to allow individuals access to only those parts of the system that they need to access. Codes or passwords should not be made known to any other user.


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15.3 Restrictions on use

e) Using the Council's electronic equipment for any of the following purposes is strictly forbidden:

• knowingly sending, receiving, accessing, downloading or posting any material that is illegal, obscene, indecent, abusive, racist, sexist, homophobic or libellous, in breach of copyright, defamatory or otherwise inappropriate.

• pursuing personal business interests. • engaging in gambling. • knowingly engaging in any activity which threatens the integrity or availability of

the Council’s systems. • using automated internet based information services which push information to

the desktop, e.g. news ticker tape services (except for legitimate business use). • attempting to breech security systems (hack) whether inside or outside the

Council. • transmitting, receiving, copying or storing digital media (including software,

music, video etc.) except for legitimate business purposes in a way that complies with the copyright and licensing regulations.

• playing computer games, accessing chat rooms or similar entertainment.

15.4 Security Clearance for Data Usage

f) Some posts may require an employee to undertake specific security checks, e.g. Baseline Personnel Security Standard or e-CRB, where access to specific electronic channels e.g. GovConnect or ContactPoint is a requirement of the post.

g) If any such employee becomes subject to a criminal conviction, caution, pending prosecution or police enquiry, they must notify their Service Director immediately.

h) Any information provided will be considered within the context of the duties of the post and is essential in helping to safeguard the Council and general safeguarding as specified in Section 10.

15.5 Personal use

i) Internet and information systems (computers etc.) are provided for work purposes, and their use for work will always take precedence. Some personal use will be allowed, but any personal use should be in the employee’s own time before or after working hours, or during unpaid lunch breaks and all personal use shall be carried out in line with the restrictions set out in the policy.

j) The private use of telephones and faxes will be allowed but incoming and outgoing calls should be kept to a minimum and made during non-working time.

k) The Council’s messaging systems (email, SMS etc.) are primarily for business use. Occasional and reasonable personal use is allowed. However, in line with the Use of Electronic Equipment Policy (see 'Related Links'), any personal use in an employee’s own time should be agreed if it incurs a cost. This should not interfere with the performance of duties and all personal use must comply with the standards and


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restrictions set out in the policy. Outgoing private messaging must, whenever possible, be made during non-working time.

16. Health and Safety

16.1 General

a) Employees must not act either wilfully or unintentionally in a way which could put service users, the public, colleagues and themselves at risk. They must adhere to the duty of care set out within the Council's Health and Safety Policy (and associated procedures). These are available from the Council's Health and Safety Officers or via the Council's intranet (see Health Safety and Well Being pages under 'Related Links').

16.2 Driver Competency

b) Employees required to drive a vehicle as part of their contractual duties (Council fleet vehicle, hire vehicle or private vehicle) must observe all aspects of the Council's Driver Competency Procedure and the appendix to the conditions of service issued to drivers.

16.3 Smoking

The no smoking policy is available via the Related Downloads. A guidance document and frequently asked questions document support the policy, also available via Related Downloads.

The essence of the policy is that smoking is not permitted in any Council building or vehicle. Anyone who wishes to smoke must do so in their own time.

If you need any help and assistance implementing the policy please contact the Health & Safety Team:

01924 305850 [email protected]

16.4 Alcohol and drugs

a) All employees are expected to attend work without being under the influence of alcohol or drugs, or have their work performance impaired by alcohol or drugs.

b) Service Directors will identify roles where drinking alcohol immediately before, or during the work day, will not be allowed on health and safety grounds (due to the nature of the job). Such jobs will be identified to the employees concerned as a condition of service for that role. Where jobs that are safety critical have been identified then the consumption of alcohol during the working day is not allowed under any circumstances.

c) Where involvement with illegal drugs or excessive use of alcohol by an employee takes place outside working hours, the Council will consider the impact this may have


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on their employment. This will include a consideration of any impact on the Council's reputation and/or public confidence.

d) The Council will seek to provide appropriate support to any employee who recognises they have an alcohol/drug dependency problem in accordance with the Council's policy on such issues.

e) Where individuals are found to be in breach of the policy management action will be considered. This could include disciplinary processes.

17. Conduct and Standards

17.1 Conduct outside working hours

a) Serious misconduct or criminal offences, committed outside working hours which bring the individual as a Council employee or the Council into disrepute, may be subject to appropriate action under the Council's Disciplinary Procedure up to and including dismissal.

b) All employees are required to notify their manager immediately or at the earliest opportunity of any issues of this nature to enable early consideration of their situation.

c) Where employees are acting in other capacities e.g. School Governors, they must be mindful of maintaining the reputation of the Council at all times.

d) Employees should not ‘post’ sensitive, confidential or critical information relating to the Council on ‘blogs’, social networking sites or by other electronic means, or information from which any individual or piece of work can be identified or the identity inferred.

17.2 Standards of dress and appearance

a) Employees must ensure their standard of dress i.e. the type and style of clothes, accessories, body art etc. - is appropriate to the nature of their duties. Inappropriate dress can create the view that the Council is inefficient, create offence or be interpreted as disrespectful by the public.

b) Individual services will determine an appropriate dress code to public and service user expectations. Where there are codes employees are expected to meet the set standard.

c) The Council values and welcomes the ethnic diversity of its workforce. Dress codes will be sensitive to and take account of cultural and religious dress requirements where it does not negatively impact on service delivery.

d) In all cases employees will be expected to conform to requirements for dress codes which apply for health and safety reasons or which requires a uniform to be worn, to clearly identify Council employees.


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e) This code recognises the need for a consistent approach to standards of dress and appearance within each service so employees can be clear about the service’s expectations.

17.3 Language

a) The use of swear words, offensive language and/or gestures in conversation and communication with other service users or colleagues is unacceptable at all times.

b) Language which is perceived by service users and/or colleagues as patronising or overly familiar is also unacceptable. Examples of this type of language will include calling a service user “dear” or “love” and the suggestion that such terms are widely used within the geographical area of the Council is not an argument for Council employees being permitted to use such colloquial terms in the course of their employment.

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Protocol for Employees on Gifts and Hospitality 1. Introduction 1.1 This Protocol provides rules and guidance for employees of the Council. 1.2 The Protocol relates to gifts and hospitality offered to an employee, as an

employee of the Council. It does not apply to gifts and hospitality offered to an employee by their family and friends. Any employee must not have any work dealings with anyone who is sufficiently closely connected to the employee by ties of kinship or friendship so that a gift from him/her would fall into this category. If such a person approaches the Council for any reason, the employee must declare the relationship/friendship to his/her Director/Corporate Director and ensure that he/she has no involvement in the transactions/dealings. He/she must not seek to influence any other employee who is dealing with the matter.

2. General Caution 2.1 Treat with extreme caution any offer or gift, favour or hospitality that is made to

you personally. 2.2 Your personal reputation and that of the Council can be seriously jeopardised by

the inappropriate acceptance by you of a gift or hospitality. 2.3 The acceptance of gifts and hospitality is not always unlawful or inappropriate.

The decision for you in every case is whether or not it is appropriate to accept any gift or hospitality that might be offered to you, having regard to how it might be perceived.

2.4 No hard and fast rules can be laid down to cover every circumstance as to what

is appropriate or inappropriate. This Protocol offers general principles to enable you to make your own decision.

3. Criminal Law 3.1 Section 117 of the Local Government Act 1972 requires that “an officer of a local

authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his/her proper remuneration”.

3.2 An officer who contravenes the provisions of Section 117 shall be liable on

summary conviction to a fine not exceeding £2,500. 3.3 Schedule 2 of the Bribery Act 2010 – The Bribery Act 2010 defines the offence of

bribery as it applies to the person that offers, promises or gives a financial or other advantage to another it sets out six cases whereby money or an advantage, given or received is a criminal offence. This covers all public functions, any activity performed in the course of a person’s employment or on behalf of a corporate body or unincorporated entity.


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4. Policy 4.1 The Council’s ‘Officer Code of Conduct’ states that the public is entitled to

demand of a local government employee conduct of the highest standard. Employee’s actions must not be influenced by offers or gifts or hospitality and their actions must not give the impression that they have been influenced in this way.

4.2 Council employees must not accept gifts, loans, fees or rewards from any person

or organisation in particular those who may potentially expect to receive an advantage or benefit in return. This includes gifts, loans, fees or rewards from contractors, outside suppliers or members of the public. However, some incidental gifts or hospitality can be accepted, as detailed in this Code of Practice.

4.3 This Code of Practice applies to all employees of the Council including the Chief

Executive, Corporate Directors, Service Directors and the City Solicitor. 4.4 Any breach of this Code of Practice may be viewed as potential gross

misconduct and could lead to a disciplinary hearing that may result in summary dismissal.

5. Principles 5.1 Employees must maintain a good working relationship with the public but avoid

favouritism towards any group or individual in the course of their work. 5.2 Employees must act with integrity at all times. 5.3 If it is suspected that a contractor, outside supplier or other person/organisation is

acting in an improper manner, employees should report it to their line manager as a matter of urgency.

6. Gifts 6.1 Employees may accept low value promotional work related gifts, preferably

marked with the donor’s name, and provided that the gift is to be used at work. Examples could be:

• diaries

• calendars

• pens

• blotters

• rulers

• mouse mats

• other low value stationery used as promotional gifts. Low value gifts that are not used at work are generally unacceptable and they

should be refused. Examples could be:

• discounts on items for personal use

• bottles of spirits, wine or beer for personal use

• personal gifts for personal use


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6.2 Without causing offence, employees should discourage service users or other organisations from offering gifts. However, where small gifts, e.g. chocolates, are given as thanks for service provided, for example from a person in residential care, these can be accepted if they are shared within the team or raffled for charity.

6.3 If gifts have a higher value, employees should tactfully refuse them. If gifts of this

value are delivered, they should be returned with an appropriate explanation. If gifts cannot be returned, the Corporate Director/Director should dispose of them to charity and record this fact.

6.4 Employees should not accept significant personal gifts from contractors and

outside suppliers, although the keeping of insignificant items of token value such as pens, diaries etc., is acceptable. The acceptance of gifts of small value from outside suppliers or private individuals may be allowable in certain circumstances if provided for under any individual service’s policy that may supplement this framework Code.

6.5 All gifts, apart from low value promotional work related gifts, should be registered

on the appropriate form, even if the gift is returned. Please see 9.1 of this procedure.

6.6 Under no circumstances may gifts of cash to an employee of the Council by any

person or organisation, be accepted. 7. Hospitality 7.1 Employees should only accept offers of hospitality if there is a genuine need to

impart information or represent the Council in the community. Offers to attend local social or sporting functions/events should be accepted only when these can be considered to be part of the life of the community or where the Authority should be seen to be represented. For example, this would mean that it would be inappropriate for employees to accept invitations to a premiership football match outside the District but it may be appropriate to accept an invitation to a match where a local team was involved and is part of the local community and the Council should be seen to be represented. Invitations falling within this criterion should be properly authorised and recorded by the appropriate Director/Corporate Director.

7.2 When hospitality has to be declined those making the offer should be courteously

but firmly informed of the procedures and standards operating within the Council. 7.3 When receiving authorised hospitality, employees should be particularly sensitive

as to its timing in relation to decisions which the Council may be taking affecting those providing the hospitality.

7.4 Acceptance by employees of hospitality through attendance at relevant

conferences and courses is acceptable where it is clear the hospitality is corporate rather than personal, and where the Council is satisfied that any purchasing decisions are not compromised. Where visits to inspect equipment,


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etc., are required, employees should ensure the Council meets the cost of such visits to avoid jeopardising the integrity of subsequent purchasing decisions.

7.5 Invitations to social events offered as part of normal working life, e.g. opening

celebrations, annual dinners, may be accepted if authorised by the appropriate Director/Corporate Director.

7.6 Invitations to any types of hospitality that are of no benefit to the Authority must

not be accepted. 7.7 All offers of hospitality, other than incidental, must be registered on the

appropriate form, please see 9.1 of this procedure. 8. Inducements 8.1 Employees must not accept inducements, e.g. a bribe. 8.2 All offers of inducement must immediately be reported to the appropriate senior

manager and be registered as per section 9.1 of this procedure. 9. Procedure

9.1 All offers of accepted/declined gifts or hospitality (other than incidental) must be entered on a form “Declaration of Gifts and Hospitality Offered to Employees” Form ‘A’, together with an estimate of value, and passed to the Line Manager.

9.2 Directors will keep Form ‘B’ as a register of offers of gifts and hospitality. These

will be submitted to the City Solicitor at the end of March and September each year.

9.3 The City Solicitor will retain a file of higher value gifts or hospitality offered,

declined or accepted. A report to Standards Committee will be presented in April and October summarising the information.

9.4 Where gifts, hospitality or inducements are offered to the Director, the

appropriate Corporate Director will sign the form. 9.5 Where gifts, hospitality or inducements are offered to the Corporate Director, the

Chief Executive will sign the form. 9.6 A central file of all gifts, hospitality or inducements offered, declined or accepted

by Corporate Directors or the Chief Executive will be maintained by the Chief Executive.

9.7 If any employees are uncertain how to deal with an offer of a gift or hospitality,

he/she should contact their Line Manager. 9.8 If an employee’s interpretation of this Code and/or their actions are called into

question, it is the responsibility of the appropriate manager to investigate whether the person acted in good faith according to their understanding of the Code of Practice.


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9.9 The Chief Executives register of gifts and hospitality will be retained for a period of two years.


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City of Wakefield Metropolitan District Council

Declaration of Gifts and Hospitality Offered to Employees

Please read the guidance accompanying this form before completing it. The form should be returned to your Service’s Nominated Officer.

Name of Employee: Who was/would have been the recipient of the gift/hospitality (if not yourself) and what is their relationship to you? Who made the offer? [individual/company/organisation etc.]. Date offer received Give details of the gift/hospitality What was its estimated value? What was the purpose of the offer? Did you accept or refuse the offer? If gift accepted how was it used e.g. personal use, shared with colleagues, donated to charity etc.

Form ‘A’


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If hospitality accepted/function attended how this did benefit the Council. Is the individual/company/organisation dealing with you or the Council in relation to any legal, statutory or enforcement matters, such as planning applications? If so, please give details Are they asking to be added to the Council’s list of approved contractors? Are they providing goods/services to the Council or hoping to do so in future? I certify that I have read the guidance notes and that to the best of my knowledge; I have complied with that guidance. Signature of Employee Date of Declaration

To be handed to Line Manager when completed

I confirm that I agree with the action taken by the Member of staff.

Name of Line Manager Signature of Line Manager


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Gifts and Hospitality

Guidance for Employees 1. As an employee of the Council, you are personally responsible for declaring all

offers of any gift or hospitality indicating if such offers have been accepted or declined.

2. You should treat with extreme caution any offer of gifts or hospitality made to you personally or partners/members of your family. You should refuse any gift or hospitality which might be perceived by the public as influencing your decisions or actions as an employee of the Council. Acceptance in the context of your employment of any fee or reward, other than your proper remuneration, can constitute a criminal offence.

3. You do not need to declare gifts of a nominal value (e.g. pens, calendars or a token promotional gift) or hospitality given as part of an event you attend as an employee.(e.g. conferences and training events).

4. If you are invited to an event to discuss Council business and the value of the

hospitality is substantial, get the approval or your Director or Corporate Director first. This type of event should be registered even if the invitation is declined.

5. Tactfully refuse any gift or hospitality where these might be seen by the public

to compromise your integrity, e.g. paid holidays, complimentary tickets to sporting events except where these can be considered to be in the spirit and role as part of the life of the local community/where the Authority should be seen to be represented and is authorised by your Director/Corporate Director. If gifts are sent to your office, return them to the sender if possible, providing that this would not cause offence. If it is not possible for you to return the gifts, make arrangements for them to be donated as raffle prizes to the Mayor’s Charities by contacting the Mayor’s Office. If the gifts are perishable goods (e.g. chocolates, biscuits) it is acceptable for these to be shared with Office colleagues and the gift to be recorded in the Register of Gifts and Hospitality.

6. Declare all offers of gifts, (unless of nominal value as described in paragraph 3

above), whether you accept them or refuse them. Declare all offers of hospitality referred to at paragraph 4 above.

7. Declarations must be made on this form and no other method of declaration is valid.

8. You must answer all of the questions on the form.

9. Hand the completed form to your Nominated Officer who will check that it has been properly completed. The register will be periodically checked by Corporate Directors and the Monitoring Officer to ensure the procedure on gifts and hospitality is being complied with.

Form ‘A’


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10. If you have any doubt about whether to accept a gift or hospitality, seek the advice of your Director/Corporate Director or the City Solicitor.

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Form ‘B’ Gifts and Hospitality Register

Name Service Area Offering

Organisation Details of gift/hospitality

Date of offer

Accepted / Declined?

Estimated value (if known)

Signed ………………………………………………….Service Manager/Director/Corporate Director Form B to be returned to the City Solicitor

Register of Employees’ Interests

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Introduction The Chief Executive, Corporate Directors, Directors, Service Managers and other staff who are classed as politically restricted should declare any personal interests on a similar basis to those regulations outlined for Councillors. The following procedure formalises this requirement and complies with the District Auditor’s recommendation. Definition The term personal interests include financial and non-financial interests of the employee and the employee partner. Such interests are categorised as:-

• Employment, office, trade, profession or vocation;

• Contracts with Wakefield Council;

• Land in the area of the Authority;

• Licences to occupy land;

• Corporate tenancies; and

• Interests in companies and securities. The Procedure The completed form, copy attached marked Appendix ‘A’ should be forwarded to the Directorate Designated Officer to hold. All completed forms will be kept by the Designated Officer and Monitoring Officer and will comprise the Register of Registrable Interests. The register will be maintained confidentially by the Corporate Director or Designated Officer. Where declarations are made appropriate discussions will take place with the relevant Officer. If at any time the employee’s interests change then an Amendment to General Notice of Registrable Interests form (Appendix ‘B’) must be completed. The employee’s Line Manager must be informed of the interest and ensure that all situations of potential conflict are avoided. Failure to comply with this policy, which is part of the Council’s Constitution, may result in disciplinary proceedings being taken.


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REGISTER OF EMPLOYEE INTERESTS GENERAL NOTICE OF REGISTRABLE INTEREST

NOTES ON COMPLETION OF DECLARATION

As a general principle employees should err on the side of caution and declare interests that they think could be covered by the following guidance. Assistance can be sought from HR Direct in the first instance if any clarification is required. Note 1 – Governor of Educational Establishment / Member of a Multi Academy Trust or School Governor Member 1.1 Membership of Governing Bodies, including all schools maintained by the authority, academies, all further education establishments and grant maintained schools. Note 2 - Involvement with organisation which has Contracts with the Council or Land in the Area of the Authority. Involvement could be either paid or unpaid. Note 3 - Involvement in Companies or Corporate Tenancies or Licenses to Occupy Land You should list the names of any companies, industrial and provident societies, co-operative societies, or other bodies corporate that (to your knowledge) are active in the authority’s area and in which you and your partner have a substantial interest. You do not need to show the extent of your interest. Involvement in companies includes, for example, directorships and company secretary, or any other position where a person is actively involved in the running of a company’s affairs, where the company has, or may have a contractual relationship with the Council. This should include all contracts, of which you and your partner are aware, which are not fully discharged, and which are:-

• contracts for the supply of goods, services or works to the authority or on the authority’s behalf; and

• between the authority of which you are an employee and either yourself or a company in which you have a beneficial interest or of which you are a director.

You need not say what the financial arrangements are, but should say for how long the contract is. You should list any tenancies of property of which you and your partner are aware where the landlord is the authority of which you are an employee, and the tenant is a company in which you and your partner have a beneficial interest, or of which you are a director.


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Note 4 - Close relationship to an employee paid at a rate equal to or greater than spinal point 30 on the NJC scale, or to a Member of the Council

Close relationship to an employee paid at a rate equal to or greater than spinal column point 30 on the NJC scale, or to a Member of the Council. Close relationship is defined on page two of the form.

Note 5 - Membership of a Secret Society as defined in section 1.9 of the Code of Conduct

Secret societies are defined by the Local Government Management Board. It is recommended that this definition should be used, which is: ‘any lodge, chapter, society, trust, or regular gathering or meeting, which:

(a) is not open to members of the public who are not members;

(b) includes a requirement to make a commitment (whether by oath or otherwise) of allegiance in order to gain membership; (c) includes, whether initially or subsequently, a commitment (whether by oath or otherwise) of secrecy about the rules, membership or conduct.’

A lodge chapter, society, trust, gathering or meeting as defined above, should not be regarded as a secret society if it forms part of the activity of generally recognised religion. Note 6 – Beneficial Interest in Land or Property in the Area of the Authority You should include any land in the area of the authority in which you and your partner have a beneficial interest (that is, in which you have some proprietary interest for your own benefit and includes the property you live in). You should give the address or a brief description to identify it. You should include any property from which you and your partner receive rent. You should also include land in the area of the authority which you and your partner have a right to occupy, but neither own nor have a tenancy of. You should give the address or a brief description to identify it. ‘Land’ includes any buildings or parts of buildings.

Note 7 - Intent to bid for Land or Property owned by the Council

The intention to bid for the purchase of land or property owned by the Council should be made as soon as is practicable. Section 117 of the Local Government Act also requires that the interest be declared to the Corporate Director who shall inform the Chief Executive.


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Note 8 – Other Interest or relationship that could cause conflict with the Council Please specify interest and nature of interest and seek guidance from the Monitoring Officer if in any doubt.

Note 9 - Holding of shares or other securities, excluding banks and building societies: state name of company / body

The holding of shares or other securities in a company or other body with whom the authority contracts or is contracting, must be declared if the holding exceeds £25,000 or more than 1/100th of the nominal value of the issued share capital, whichever is less. The size and nature of the holding need not be declared, simply the name of the company. The requirement does not extend to banks or building societies. The requirement also covers shares and securities held in the name of other people in which you and your partner have a beneficial interest.


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Appendix A


Employee’s Declaration Form

This form is to be completed by the Chief Executive, Corporate Directors, Service Directors, Service Managers and other employees who are classed as politically restricted on an annual basis.

Full Name: Payroll Number:

Job Title: Directorate:

As a general principle, employees should err on the side of caution and declare interests that they think could be covered by guidance as set out in the Code of Conduct (see the following pages). Assistance can be sought from HR Direct on 01924 305993 in the first instance if clarification is required.

Interest Details

1. Governor of educational establishment / member of a Multi Academy Trust or School Council Member

2. Involvement (including that of close relatives) with organisation which has contracts with the Council, or land in the area of the Authority

3. Involvement (including that of close relatives) in companies (state company, and position) or corporate tenancies or licenses to occupy land

4. Close relationship to an employee paid at a rate equal to or greater than spinal point 30 on the NJC scale, or to a Member of the Council


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5. Membership of a secret society as defined in section 7e of the Code of Conduct

6. Beneficial interest in land or property in the District (this will include any property owned in the District)

7. Intent to bid for land or property owned by the Council

8. Other interest or relationship that could cause conflict with the Council

Section 9 is applicable to employees employed in positions responsible for letting or supervising contracts or selecting suppliers or contractors, including those related to investments:

9. Holding of shares or other securities, excluding banks and building societies: state name of company/body (declaration of size or nature of holding is not necessary)

For guidance, see the following Notes on Completion of Declaration

10. I have no interest to declare

In signing this I recognise that it can be a disciplinary matter to omit information, provide false or misleading information or not update this form if my interests change after this date

Signature:

Date form completed:

Please return this form to your Corporate Director cc to the Monitoring Officer.


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Definitions: Close relative - Spouse, partner, parent, parent-in-law, son, daughter, child

of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece or spouse or partner of any of the above.

Close relationship - A way in which two people or two groups feel about each

other and behave towards each other


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City of Wakefield Metropolitan District Council

DECLARATION OF INTERESTS AMENDMENT TO GENERAL NOTICE OF

REGISTRABLE INTERESTS

I, ……………………………………………………………………………………………………… an employee of Wakefield Metropolitan District Council, give notice that I have set out below amendments to the ‘General Notice of Registrable Interests’ signed by myself on …………… as required under the Wakefield Metropolitan District Council Code of Conduct. Signed:………………………………… Date: ………………………….. Received Signed:…………………….. Date: …………………………..

Designated Officer of the Wakefield Metropolitan District Council

Appendix ‘B’

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Protocol for Councillors with Special Responsibilities and Senior Officers Introduction We recognise that

• we need to have mutual respect, trust and shared objectives amongst leading members and senior officers to have the capacity to be high-performing. In order to achieve this we must have clarity in our respective roles;

• leadership in local authorities is a partnership between the Cabinet and the Corporate Management Team. Our Constitution seeks to clarify member and officer roles; however, it cannot fully address either the strategic or practical interface between leading members and senior officers which is crucial to delivering high performance;

• leading members, whilst remaining strategically focused, need to feel they are sufficiently informed to be confident about being held accountable for resulting outcomes. In fact, we recognise that the day-to-day pressures from other Councillors, local people and organisations are predominantly concerned with the outcomes for them as citizens and stakeholders;

• Corporate Directors have to act as independent advisers, when necessary giving their advice in public, and are potentially liable to be called to account for the quality and viability of the advice they give; they are also responsible for the implementation of decisions and will be similarly pressurised on the day-to-day practicalities. At the same time, they will be working alongside leading members to help them define and achieve the Council’s strategic objectives;

• as well as the collective interface between the two top teams, there are also a series of individual interfaces between executive members/portfolio holders and Corporate Directors. The relationship between the Council leader and the chief executive is likely to set the style, tone and parameters for relationships between the teams generally and is in itself, therefore, of critical importance;

• experience in the best parts of the public and private sectors demonstrates that effective working between individuals and teams does not just happen; it has to be worked at and developed. The most successful organisations are those that invest in maximising the effectiveness of the leadership team;

• commitment to common strategic goals can override sectional interests and differences in style when things are going well, but they tend to surface under pressure. However, we believe that the development of ‘Good corporate behaviour’ will stand us in good stead in such situations;

• to be a successful organisation, we need to recognise that traditional hierarchical styles of leadership and management are too slow and

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unresponsive to be effective. Decisions, and the actions that flow from them, need to be timely and well-informed. This requires appropriate delegation of responsibility and accountability. As leaders, we have to build capacity and learning throughout the organisation so that action can be taken on the ground as opportunities and challenges arise;

We have committed ourselves to building capacity and empowerment through a performance management framework. However, so far as the Cabinet and Corporate Management Team members are concerned, we need to expect and achieve

• individual leading members taking up developmental opportunities to maximise individual effectiveness;

• individual Corporate Directors taking up development opportunities to maximise individual effectiveness;

• leading members and Corporate Directors jointly engaging in a customised programme to develop an effective relationship;

• regular review of the delivery and outcomes of our investment in these activities.

Framework for relationships between leading members and Corporate Directors It is neither possible nor appropriate to be prescriptive about the respective roles of leading members and senior officers and the relationships that emerge from those roles. However, those relationships will always need to take account of the Codes of Conduct for Members and Officers and any supplementary guidance agreed by the Council. Neither does adherence to any protocol for working relationships necessarily secure high performance. However, acceptance of and acting in accordance with the principles of this framework may be a necessary pre-condition to achieving high performance between leading members and senior officers both collectively and individually. Roles and responsibilities Some Councillors will be appointed by the Council to positions of special responsibility (for example, Cabinet member, Chair of a Statutory or Regulatory Committee, Chair of an Overview and Scrutiny Committee). In these roles, they have particular responsibilities to the Council and the community. They will be expected to:

• provide effective strategic leadership to the Council

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• ensure that the Council successfully discharges its overall responsibilities for the activities of the organisation as a whole

• individually provide strategic guidance within their areas of special responsibility.

• ensure the development, decision-making and delivery of services consistent with Council policies.

• Recognise that their legitimate interest in securing outcomes for the citizens in accordance with Council priorities must be conducted with proper regard to managers’ responsibilities.

Further, the Leader and Cabinet determines Council policy, unless it is a matter to be decided by the Council. Senior officers have, in broad terms, the following main roles

• ensuring that the Council always acts in a lawful manner

• they are the managers and implementers of the services for which the Council has given them responsibility. They are responsible for the efficiency and effectiveness of those services and for proper professional practice in discharging their responsibilities

• they are the professional advisers to the Council

• particularly in the context of a dynamic legislative framework, and taking account of the Council’s vision, values and strategic objectives, they may initiate policy proposals for the consideration of members as well as being implementers of agreed policy.

Further, Corporate Directors have delegated powers and are expected to use these to implement decisions of Council, Cabinet and Committees. In exercising delegated powers Corporate Directors need to keep senior Members informed so that they can properly perform their duties as elected representatives A summary of roles of Cabinet Members and Corporate Directors is attached at schedule 1. Personal relationships It is clearly important that there should be a close working relationship between Cabinet Members, Committee Chairs and Corporate Directors and other Senior Officers of the Council. However, such relationships should never be allowed to become so close, or appear to be so close, as to bring into question the Officer's ability to deal impartially with

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other Councillors, or with any other individual or organisation. The precise nature of those working relationships will reflect individuals’ personality; however, they should always be guided by:

• the requirement for mutual respect

• an understanding of each other’s roles and responsibilities

• the need to build a healthy day-to-day working relationship

• an expectation of openness in discussion so that there is a proper understanding of the issues under consideration, there are no surprises, and a shared understanding of priorities and deadlines.

It is usually inappropriate for a Councillor to have special responsibilities in an area of activity where s/he has a close personal relationship with a senior officer in the same area of activity. If such a situation arises, the individual Councillor or officer should disclose this to the Chief Executive who will consult with the Leader on the appropriate course of action. It is important for Cabinet Members and senior officers to avoid any conduct that could be construed as bullying or harassment. If any problem between a Cabinet Member and senior officer cannot be resolved by discussion and agreement, it should be referred to the Chief Executive and Leader for resolution, following such consultation as s/he considers necessary. If appropriate, the Chief Executive, and the Leader with the Leader, may seek external assistance to resolve such an issue. Performance and conduct Corporate Directors are responsible for all employees within their service. Cabinet Members should report any concerns about the conduct or performance of such officers to the Corporate Director. If, having raised the matter with the Corporate Director, a Cabinet Member remains concerned about such conduct or performance s/he should raise the issue with the Chief Executive. Similarly, if a Cabinet Member is concerned about the performance or conduct of a Corporate Director, s/he should raise the matter with the Chief Executive. The Cabinet on behalf of the Council should monitor the performance of the Corporate Director team as a whole. The Chief Executive is responsible for raising concerns about Members conduct with the Leader. If problems cannot be resolved within the Council and the behaviour complained about is a breach of the Members Code of Conduct, then the Officer involved will be advised to put forward a complaint to the Standard Committee.

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Agendas and reports While the Leader of the Council, Cabinet Members and other Chairs will be consulted about agendas for future meetings; the Chief Executive will always be fully responsible for agendas and Corporate Directors will be responsible for the contents of any report submitted in their name. However, it is expected that the Chief Executive or Corporate Director will always consult the relevant Members about the agenda and contents of reports before these are finalised. There should be joint discussion about long-term agenda planning, particularly in relation to significant policy matters. A Member may always request the inclusion of an item on an agenda. and recognise that senior officers will be under a professional obligation to offer such advice on the report at the meeting as they feel appropriate and necessary. The Chief Executive may veto the inclusion of an item on the agenda where it is not a matter that can be dealt with at that meeting under the Council’s Constitution. Access to staff Whilst officers are responsible to Corporate Directors, they should always seek to assist a Cabinet Member, within the bounds of the authority they have been given by their Corporate Director. Good close working-relationships require mutual respect, common sense and flexibility. In this context, it is usually best to make prior arrangements for meetings between Cabinet Members and officers. Officers will normally attend appropriate meetings where requested to do so by a Councillor or by an Overview and Scrutiny Committee. It is helpful if arrangements are made through the Corporate Director in sufficient time to allow proper preparation where this is necessary and to ensure Officer availability. Cabinet Members may approach appropriate members of staff about particular issues. If any problems arise the Chief Executive will determine whether any restrictions should be placed on free access to staff in that particular case. The Chief Executive will keep the Leader informed about any such cases. Access to premises Councillors should generally be enabled to have access to premises within the remit of their role (subject to Health and Safety procedures relevant to any specific premise). However, access to individual offices or premises (that is, beyond that to which there is normally public access) must be by agreement with the relevant manager. Access to premises should be limited to normal working hours unless it is for an agreed appointment outside those hours.

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Access to information All Councillors have a right to information that they require to carry out their role (so long as it is available or can be produced without unreasonable difficulty.) Cabinet Members, by virtue of their office, may have a right in particular circumstances to information beyond that which a Councillor may ordinarily be entitled to receive. Officers will usually be prepared to provide information to individual Councillors on a confidential basis; however, this cannot be done where there is an over-riding Council interest (for example, protecting the Council’s legal or financial position). Information received confidentially by a Councillor in one capacity (for example, as a Cabinet member) cannot be used in a different capacity (for example, to pursue a ward interest). Councillors must not disclose confidential information to a person not entitled to receive it. A proper, working relationship between a portfolio-holder and a Corporate Director is likely to be built on openness in information. Care must be taken by both parties to ensure that information received in confidence is not improperly disclosed. Release of Press Statements and provision of information to the media Corporate Directors are responsible for dealing with media enquiries in relation to operational issues or to factual statements about existing Council policy and procedures. Portfolio Members are responsible for strategic issues and the development of Council policies and procedures. Where there are doubts about who should respond to media enquires these should be referred to the Chief Executive. Where the media are seeking other information Corporate Directors should agree with the appropriate Member whether the information will be provided by the Member or the Officer and the type of information that will be provided. In cases of corporate significance or sensitivity the Leader should be consulted. Maintaining relationships There may be occasions when, having properly considered all the issues relating to a particular matter, a Cabinet Member and Corporate Director will disagree about the approach to or action to be taken on the issue. Having a difference of view, or a disagreement about appropriate action to achieve the Council’s ambitions, is not unhealthy. The important things to remember are

• respect the different roles and responsibilities of a Cabinet Member and Corporate Director

• take time to understand why there is a difference – a period of reflection may produce agreement - but do not overly delay reaching a decision about action

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• if appropriate, seek advice or comments (formally or informally) from colleagues

• do not allow the disagreement to become personal

• wherever possible, jointly plan what you are going to say and do about the difference when it is presented to others for resolution.

Where a disagreement cannot be resolved between the parties to it, the Leader and Chief Executive should be advised of the background to the dispute. The matter should wherever possible, be dealt with by the Chief Executive in consultation with the Leader and other relevant Councillors.

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Schedule 1 SUMMARY OF ROLES OF THE LEADER AND DEPUTY LEADER, CABINET MEMBERS, THE CHIEF EXECUTIVE, AND CORPORATE DIRECTORS The Leader of the Council is the political head of the Council and primarily responsible for developing the Council’s community Leadership role. Role of the Leader and Deputy Leader:

• To keep aware of the Council’s performance against its goals and targets;

• To request reports to Cabinet where it is appropriate to advise Cabinet on overall performance issues - in particular in relation to the Budget and Performance Clinic;

• To make Chief Executive aware of issues regarding performance or conduct of Corporate Directors;

• To demonstrate high standards of behaviour to encourage proper standards throughout the Council; and

• To demonstrate even-handedness in dealings with Members and Officers.

The Leader and Deputy Leader also have roles as Cabinet Members and need to be aware of the points set out below. Role of Cabinet Members:

• To be aware of Services' responsibilities and targets;

• To be aware of Cabinet, Council or Committee decisions that determine what actions a Service should take;

• To know how a Corporate Director intends to achieve the targets;

• To know whether the Service is likely to achieve the targets;

• To raise concerns that the Service will not achieve Council’s aims and targets;

• To ask questions and require available information to be provided to enable himself/herself to be kept informed of the position relating to his/her area of responsibility; and

• To agree targets for achieving goals.

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Role of Chief Executive:

• Overall responsibility for the corporate management of the authority and the management and co-ordination of the professional body of staff needed to deliver services. To ensure high standards of conduct and ethical behaviour is promoted throughout the Council. Required to report to the Council with regard to way in which discharge of its functions is co-ordinated, the number and grades of staff required for discharge of these functions, the way in which staff are organised and managed and the way in which they are appointed;

• Corporate Directors are directly responsible to the Chief Executive in terms of conduct and performance;

• Investigate any complaint against a Corporate Director and to advise the Leader (and, where appropriate, the Cabinet and/or Council) of any performance or conduct issues arising from behaviour of a Corporate Director that were sufficiently serious to affect the corporate performance of the Council;

• Take appropriate steps to deal with any performance and conduct issues, including any concerns raised by portfolio-holders about a Corporate Director’s performance or conduct; and

• Responsible for investigating any allegations of behaviour by a Corporate Director or Portfolio-holder which might be construed as bullying or harassment.

Role of Corporate Directors :

• Implement the Council’s strategies and programmes;

• Secure the efficient operational management of the Service;

• Keep the relevant Cabinet Member informed of progress and of any problems in achieving goals;

• Comply with legislation;

• Comply with the Council’s Rules of Procedure;

• Comply with any relevant guidance and Codes of Practice;

• Have regard to Best Value principles and use the most economic, efficient and effective means available ; and

• Act in accordance with the policies, strategies and objectives of the Council.

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• Respond to Member enquiries in accordance with the Council’s Customer Care Standards.

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Protocol for Visits by HM Government Ministers and Shadow Ministers to Wakefield 1. Government Ministerial visits can fall into two categories - Political and

Official.

1.1. Political Visits

Such visits are arranged by or through the political parties or Members of Parliament themselves for political promotion purposes, and Officers should not take part in these visits. However, it is recognised that some political visits may be for purposes where briefings by Council Officers could benefit the Council. These situations must always be the subject of prior discussion with the Chief Executive.

1.2. Official Visits

Official visits will usually be organised by Government Office. Attendance at such visits has to be agreed between the Council and the Minister. In seeking agreement about attendance, consideration should be given to the following:-

(i) the Leader of the Council

(ii) all other Party Group Leaders

(iii) the appropriate Cabinet Member

(iv) the appropriate Overview and Scrutiny Chair / or Council Committee Chair

(v) Ward Councillors if the visit includes initiatives or issues which have a particular Ward connection. Visits for purposes which have District wide significance or which affect more than one Ward would not normally involve Ward Councillors

(vi) the Chief Executive, Corporate Director(s) and support staff as appropriate,

Variations to this list must always be the subject of prior agreement with the Chief Executive. It is acknowledged that it is not for either the Council or the Minister’s Office to determine attendance but for agreement between the two.

2 It is not necessary for Council Officers to concern themselves about arrangements for the Member of Parliament to attend on Ministerial visits. These arrangements are handled direct by the Minister's Office or Government Office.

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3 It is also important to alert all Corporate Directors to forthcoming Ministerial visits so that clashes of visits can be avoided.

4 The Chief Executive must always be consulted in cases of difficulty and requests to vary this protocol for particular visits should be referred to the Chief Executive.

5 Shadow Ministerial visits will fall into the Political Visits category. Paragraphs 1.1 and 4 of this Convention will apply to visits by Shadow Ministers.

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PART 6 – MEMBERS’ ALLOWANCES & OTHER RELATED EXPENDITURE

Members’ Allowances Scheme

The Scheme is made under the Local Authorities (Member Allowances) (England) Regulations 2003 and the Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003.

1. Introduction 1.1 The Scheme is in accordance with the recommendations made by the

Independent Remuneration Panel which was considered by full Council on 10 December 2008.

1.2 The payment of allowances is regulated by the following: (a) The Local Authorities (Members' Allowances) (England) Regulations 2003. (b) The Local Government Pension Scheme and Discretionary Compensation

(Local Authority Members in England) Regulations. (c) The Local Government Act 2000 (“the 2000 Act”). (g) The Local Government Act 1972 ("the 1972 Act"). 1.3 The Council's Members' Allowances Scheme has also been prepared having

regard to the Joint Local Authority Associations' guidance note on Members' Allowances. That note recommends that allowances should be paid having regard to day session rates originally based on the average non-manual Local Government worker rate.

1.4 The calculation of allowances is, therefore, based on the day session rate

which is updated annually, based on the national pay award to Council staff. 1.5 The Council has agreed that on 1 July in each following year, basic, and special

responsibility allowances payments should be up-rated automatically using the day session rate, as shown in Schedule 2.

1.6 The Council is required to publicise its scheme as soon as possible after it has

been made or amended, by making sure that copies of the scheme are available for inspection by members of the public, and publishing a notice in one or more local newspapers. In addition, as soon as possible after the end of each municipal year, arrangements must be made for the publication of the total sum paid to each member in that year.

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1.7 The Council's Members' Allowances Scheme was drawn up having regard to the recommendations of an Independent Remuneration Panel. Copies of the Panel's recommendations and the Scheme are held by the Chief Executive, and are open to inspection on request.

1.8 The essential elements of the Council’s Scheme are explained below. 2. Basic Allowance 2.1 Basic Allowance is the same for each Member and is intended to recognise the

time devoted by all Members to their work in their representational and community leadership role, including such inevitable calls on their time as formal and informal meetings and visits in their wards with constituents and other local interests; meetings of the Council, Scrutiny Committees, regulatory and appeals boards, other quasi-judicial bodies, Standards Committee and other joint bodies and joint committees; training and development initiatives; and also to cover incidental costs for which other provision is not made.

2.2 The Council has decided that, in accordance with the recommendations of the

Independent Remuneration Panel, basic allowance has been determined as 78 day sessions per Member. Basic allowance will be paid monthly, on or near the 15th day in the month.

3. Basic Supplement 3.1 Basic supplement is paid to all Councillors in recognition of expenses incurred

in carrying out their duties within the Wakefield Metropolitan District, including work within their wards and attending meetings throughout the District, and in Wakefield. With effect from 16th May 2008 the Basic Supplement is on a stepped basis of £707 to £804, on the basis of distance of wards to Wakefield Centre, and future annual increases should be linked to the fuel allowances for Council workers.

4. Special Responsibility Allowance Within the political management of the local authority, there are certain extra

duties and responsibilities additional to those of a ward Councillor which a number of Members are required to undertake. The Council has decided that these extra duties and responsibilities should be recognised by the payment of a special responsibility allowance. The Council has decided that special responsibility allowance by reference to day sessions should be paid as set out in paragraph 6.2 of the Council's Scheme (Schedule 1). Like the Basic Allowance, Special Responsibility Allowance will be paid monthly, on or near the 15th day in the month.

5. Childcare and Dependants’ Carers’ Allowances 5.1 Details of the Childcare and Dependants’ Carers’ Allowances scheme is

attached at Schedule 3. 6. Financial Loss Allowance 6.1 A Member of a Local Authority Committee or Sub-Committee (whether voting or

not) who is not a Member of the parent authority is eligible for financial loss

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allowance. (See Schedule 2 for rates). 6.2 The allowance is payable in respect of the financial loss or the additional

expenditure (other than travelling and subsistence) necessarily incurred in carrying out an approved duty as defined in paragraph 10(3) (i), (ii) and (iii) of the Council's Scheme.

6.3 It should be noted that claims for financial loss allowance cannot exceed the

amount of loss of earnings or additional expense. A financial loss allowance is not a flat rate allowance irrespective of the loss or expense actually incurred and where the loss or expense is smaller than the maximum allowance fixed by legislation, and then only the smaller figure can be claimed.

7. Travelling Allowance 7.1 ALL CLAIMS MUST BE SUPPORTED BY RECEIPTS/PROOF OF ACTUAL

EXPENDITURE INCURRED. 7.2 Travelling allowances shall only be payable in respect of duties performed

outside of the District, where expenditure on travelling is necessarily incurred by a Member for the purpose of enabling to perform any approved duty as a Member of the Council or any other body specified in paragraph 10(3) (i), (ii) and (iii) of the Council's Scheme. No claim can be made by a Member if he/she travels as a passenger in the vehicle of another Member or Officer.

7.3 Claims for the payment of travelling allowances are governed by the following: (a) Payments to be made in respect of travelling and subsistence allowances

will be in accordance with the rates laid down under the 1972 Act. (b) Travel by public transport. The amount of ordinary or any available cheap

fare, plus any expenditure incurred on Pullman Car supplements, reservation of seats, deposits or porterage of luggage and on sleeping accommodation engaged for an overnight journey may be claimed.

(c) Travel by taxi cab: (i) Where used in cases of infirmity or where no public service is

reasonably available, the amount of the fare, plus any reasonable gratuity paid, may be claimed.

(ii) When used in other cases the amount of the fare for travel by

appropriate public transport may be claimed. (d) Travel by a Member's own private motor vehicle, by a hired motor vehicle

(other than a taxi cab), or by bicycle. To ensure the most efficient use of resources, Members travelling to the same

destinations should, as a matter of course, share cars. Any exceptions to this

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must be subject to the prior approval of the Chief Executive. The rates of allowance are set out in Schedule 2.

(e) The rates specified in Schedule 2 are increased by not more than the

amount of any expenditure incurred on tolls, ferries, or parking fees, garaging etc.

(f) The normal rate claimed (according to the engine capacity of the vehicle)

will be applicable only to journeys of up to a maximum of 100 miles in each direction. Thereafter the normal rates will continue to be payable where one or more official passengers are carried. Where no official passengers are carried, the balance of mileage will be paid at the lowest rate for that type of vehicle.

(g) In the case of travel by private motor vehicle, claims shall be restricted to

the mileage by the most direct route unless a deviation there from results in a substantial saving in a Member's time, in which case full details of the additional mileage are to be entered on the relevant claim form. In order to enable the accuracy of journeys for which claims are made to be verified, Members should record full details of each journey, separately on their claim form. This is particularly relevant where Members make more than one journey as part of a claim, or travel to pick up/drop off another Member(s) and/or Officer(s). Members using their private motor vehicles on approved duty must record on their official claim form full particulars of and reasons for all the journeys.

(h) The rate for travel by air shall not exceed the rate applicable to travel by

appropriate means of transport together with an allowance equivalent to the amount of any saving financial loss allowance and subsistence allowance consequent on travel by air. This is always provided that the saving in time is so substantial as to justify payment of the fare for travel by air. There may be paid an amount not exceeding:

(i) the ordinary fare or any available cheap fare for travel by regular air

service, or (ii) where no such service is available, or in case of urgency, the fare

actually paid by the Member. 7.4 All Members of the Council will travel by standard class rail. Committee and

Members Services staff will purchase travel tickets on-line which will be available for collection the following working day. In exceptional circumstances e.g. where travelling time needs to be utilised for meeting preparation, briefings etc. first class travel may be permissible at the discretion of the Chief Executive.

7.5 No allowances by way of travelling, other than those specifically referred to

above shall be paid, except on authorisation of the Chief Executive in consultation with the appropriate Cabinet Member.

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7.6 Members of the Council are covered against personal accident whilst engaged on the business of the Council.

NOTE: Use by Members of their own Private Cars - Council Business Insurance

It is the responsibility of individual Members to ensure that their motor

insurance policy provides cover whilst their private car is being driven on Council business. This applies whether or not the Member is in receipt of an allowance for that particular journey.

Members should advise their own Insurers/Broker that their vehicle may be

used on Council business. Insurers may charge an additional premium for such use.

The receipt of car mileage allowance will not usually be construed as “use for

hire or reward” and thus invalidate a private car policy. Again, Members should also seek advice from their Insurers/Broker in this respect.

8. Subsistence Allowance Subsistence Allowance should not be viewed as an “allowance” which could be

claimed whether or not expenditure had been incurred, but as reimbursement of actual expenditure incurred.

8.1 ALL CLAIMS MUST BE SUPPORTED BY RECEIPTS/PROOF OF ACTUAL

EXPENDITURE INCURRED 8.2 Subsistence allowance is only payable in the case of duties performed outside

of the District, where expenditure on subsistence is necessarily incurred by a Member for the purpose of enabling him/her to perform any approved duty as a Member of the Council or any other body specified in paragraph 10(3) (i), (ii) and (iii) of the Council's Scheme.

8.3 Reimbursement of actual expenditure incurred is payable within the

subsistence allowance limits set out in Schedule 2. 8.4 The overnight subsistence allowance shall be deemed to include the case of a

Member who has been necessarily detained away from home overnight on Council business although the time is less than 24 hours.

8.5 If the railway facilities available reasonably enable a Member to travel to and

from the place where the conference or meeting is held on the first and last days respectively of such conference or meeting, no allowance shall be payable in respect of any period beyond that covered by the official dates of the conference, seminar, or meeting. Any cases of doubt shall be referred to the Chief Executive whose decision shall be final. As a guideline of what constitutes reasonable in this case, a home departure of around 07.00 hours would be deemed acceptable. Similarly, if a Member was travelling by car, a journey time of one and a half hours would be considered reasonable and not

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necessitate an overnight stay on the preceding night. 8.6 Where meals are taken on trains during a period for which there is an

entitlement for a day subsistence allowance, the reasonable cost of the meals (including VAT) will be reimbursed in full. In such circumstances, reimbursement for the reasonable cost of a meal replaces the entitlement to the day subsistence allowance for the appropriate period.

8.7 When a Member is away from home overnight on Council business, he/she

may claim an advance on subsistence allowance of up to £50. The advance will be recovered from the next payment of allowances made to the Member.

8.8 Subsistence allowance abroad will be payable at the London rate, where

applicable. 8.9 Subsistence allowance payments for meetings outside the authority are not

subject to tax and N.I. deductions. Travel and subsistence claims in respect of duties performed on behalf of Wakefield MDC should be made on the appropriate form available from the Chief Executive, and will be paid through the payroll system.

9. Conferences and Seminars 9.1 Allowances for travelling, and subsistence in relation to conferences and

seminars outside the District, are subject to the same rules as for ordinary travelling and subsistence allowances.

9.2 All conference attendance will require prior approval by the appropriate Portfolio

Holder and be the subject of report back to the Member Development Officer. 9.3 Member attendance at seminars is delegated to the Portfolio Holder for

Corporate Services subject to report back. 10. West Yorkshire Joint Authorities Members serving on any Joint Committee should claim allowances from those

bodies and not from the District Council. 11. Local Government Association Payment of travelling and subsistence allowances for LGA meetings will be met

by the Council, and is subject to the same conditions as set out in sections 5 and 6 above.

12. General Requirements 12.1 The following general requirements shall apply in relation to claims:

(a) That every Member (whether voting or not) who desires to claim any payments by way of the allowances referred to in these notes shall complete an application on the form provided.

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(b) That records of all payments made to Members (whether voting or not) shall be compiled indicating the amount paid to each Member and the heads under which they are paid and that such record shall be open to inspection at all reasonable hours by any Local Government Elector for the administrative area.

(c) Members must sign the official record of attendance at meetings to

support a claim. (d) Amounts claimed for incidental expenses, including taxis, must be set out

in detail and be supported by the receipts/proof of actual expenditure incurred.

(e) Eligibility for any claims for allowances cannot be granted retrospectively. (f) Claims for all allowances under this scheme shall be made in writing within

two months of performance of the duty in respect of which the entitlement to the allowance arises.

12.2 It is recognised that there are a number of circumstances where it really is not

possible or practicable to obtain proof of actual expenditure. For instance, parking meter fees, tube tickets purchased on the spot rather than as part of a through rail warrant, small snacks/tea/coffee between meals etc. To assist in such situations, where duties cover a 24 hour period or part thereof, up to £7.00 of non-receipted expenditure (within the maximum level of subsistence claimable for that period) may be claimed, providing that an itemised list of that expenditure is submitted to support the claim. Further advice can be gained from the Chief Executive.

13. Telephone Accounts 13.1 No reimbursement shall be made in respect of telephones. 14. Mobile Devices 14.1 Mobile devices can be made available on the authority of the Corporate

Director, Business Change. 14.2 The Inland Revenue has given a taxation dispensation for authorised mobile

telephone users, on the basis that the cost of private calls, plus VAT, is reimbursed by the Member concerned.

14.3 Authorised mobile phone users are required to confirm their acceptance of

these terms and conditions by signing an agreement to that effect. The purpose is to demonstrate to the Inland Revenue that the Council is controlling the use of the equipment and also to ensure tax compliance.

14.4 Itemised bills are sent to authorised mobile telephone users on a regular basis.

It is their responsibility to identify personal calls and to make the appropriate payment promptly via the Members Support Section.

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15. Income Tax 15.1 Basic and special responsibility allowances and certain elements of travel and

subsistence allowances are regarded as taxable. 15.2 Income tax will be deducted from taxable payments in accordance with the

instructions received from our local tax office. If Members have any queries regarding the taxation of their allowances they should contact the Council’s tax office in Leeds quoting tax reference567 E6525; their number is 0843 504 0633.

16. National Insurance Contributions 16.1 National Insurance (NI) will be deducted from your allowances in accordance

with the National Insurance Contribution regulations. 16.2 If a Member has more than one employment, and expects to pay NI on

combined earnings of more than £3656.00 per month (6 April 2010) throughout the tax year, they may be paying too much NI. Advice on this matter can be obtained from the National Insurance Contributions Office and their helpline number is 0191 203 7010.

16.3 Some married women and widows have the right to pay NI at a reduced rate. A

valid “Certification of Election” must be obtained from the Member’s local Benefits Agency Office before the Authority can apply the reduced rate.

16.4 A Member who is over pension age does not have to pay NI contributions. A

"Certificate of Age Exception" must be obtained from the Members local Benefits Agency Office before the Authority can cease deducting NI.

17. Sick Pay 17.1 For sick pay purposes basic and special responsibility allowances count as

earnings and are therefore subject to deductions of NI. 17.2 As a result, a Member absent due to sickness may be entitled to payment of

Statutory Sick Pay (SSP) from the Authority or Incapacity Benefit from the Benefits Agency.

17.3 SSP is payable for up to 28 weeks of sickness in any one period, after which

normal state benefits apply. 17.4 In order to qualify for payments of SSP sickness must last for 4 consecutive

days of more. 17.5 There are a number of exclusions that apply to the payment of SSP. If any of

these exclusions apply a form SSP1 will be issued to the Member. 17.6 If SSP is not payable it may still be possible for the Member to claim Incapacity

Benefit from the Benefits Agency. Eligibility will usually depend on the level of NI contributions paid during the “benefit year”.

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17.7 Should you be sick therefore:

(a) Members should notify the Authority, preferably by telephone on the first day they are sick, and indicate when they are likely to be fit to resume duty.

(b) A Doctor's note should be provided for any absence which exceeds 7

calendar days. (c) Receipt of SSP or Incapacity Benefit may affect the right to receive other

benefits. Members are advised to contact the Chief Executive for guidance should any difficulties arise through sickness absence.

18. Social Security Benefits Due to the complexity of the current system, any Member wishing to claim

benefits should seek advice from their local Benefits Agency Office. 19. Indemnities 19.1 The Local Authorities (Indemnities for Members and Officer) Order, 2004,

enabled the Council to decide whether to provide an indemnity to any of its Members or Officers for liabilities incurred when they are acting by virtue of their membership of, or employment by, the Council and for the purposes of the Authority, so that they feel able to undertake their duties. Council at its meeting held on 15 November 2006, granted an indemnity to Members and to Officers of the Council in the terms set out in the Appendix to the report. The appointment to a position with an Outside Bodies which comes within those indemnities shall be treated as an appointment as a representative of the Authority for the purposes of the Code of Conduct for Members.19.2 Council, on 15th November 2006 decided that “This indemnity shall not extend to any advice or representation in respect of any claim or threatened claim in defamation by the Member or Officer.”

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Schedule 1 – Members’ Allowances Scheme

The City of Wakefield Metropolitan District Council in exercise of the powers conferred by the Local Authorities (Members’ Allowances) (England) Regulations 2003, as amended hereby makes the following scheme:

1. This scheme may be cited as the City of Wakefield Metropolitan District Council

Members’ Allowances Scheme. 2. In this scheme: “Councillor” means a Member of the City of Wakefield Metropolitan District

Council who is a Councillor; “year” means the 12 months ending with 31 March. 3. The Council has determined that this scheme should be prepared in

accordance with a guidance note on Members’ Allowances prepared by the Joint Local Authority Associations. That guidance urges local authorities to develop schemes by way of three key steps:

(1) Determine that allowances should be paid in relation to a particular

benchmark, with the recommended benchmark being the national median white collar wage which is advised from time to time by the Local Government Association .

(2) Determine, by reference to this benchmark, the financial value of a “day

session”. (3) Build a job description for each Councillor by allocating day sessions in

line with each Councillor’s broad and specific responsibilities. 4. The day session rate which is used for the purpose of calculation of basic

allowances payments means the day session rate shall be increased by using an index approved by the Council.

5. Basic Allowance Subject to paragraph 8 & 9, for each year a basic allowance of 78 day sessions

is paid to each Councillor. 6. Special Responsibility Allowance 6.1 Subject to paragraph 8 & 9, for each year a Special Responsibility Allowance

shall be paid to those Councillors who hold the special responsibilities in relation to the Council that are specified in paragraph 6.2 below.

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6.2 Special Responsibility Allowances (as at 1 July 2018) Position Annual Amount Leader £36,000.38

Deputy Leader, Regeneration & Economic Growth

£18,832.27

Cabinet Members Adults and Health £14,142.50 Children & Young People £14,142.50

Corporate Services £14,142.50 Culture, Leisure & Sport £14,142.50 Environment & Communities £14,142.50 Transportation & Highways £14,142.50 Deputy Portfolio Holder Adults and Health £5,370.14

Children & Young People £5,370.14 Corporate Services £5,370.14 Culture, Leisure & Sport £5,370.14 Environment and Communities £5,370.14 Regeneration & Economic Growth £5,370.14 Transportation & Highways £5,370.14

Overview & Scrutiny Function Chair of the Wakefield Overview & Scrutiny Management Board

£9,453.87

Chair of Adult Services, Public Health & NHS £9,453.87 Chair of Children, Young People & Skills £9,453.87 Chair of Economic and Environmental Wellbeing £9,453.87

Deputy Chairs Adult Services, Public Health & NHS £3,176.46 Children, Young People and Skills £3,176.46 Economic and Environmental Well Being £3,176.46 Opposition Leader £7,147.06

Committees Children’s Corporate Parenting Committee - Chair

£9,453.87

Planning & Highways Committee - Chair £9,453.87 Planning & Highways Committee – Deputy Chair £3,176.46

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Licensing and Regulatory Committee - Chair £8,890.27 Licensing Sub Committee 1 - Chair £5,370.14 Licensing Sub Committee 2 - Chair £5,370.14

Licensing Sub Committee 3 - (Regulatory & Appeals) - Chair

£5,370.14

Standards - Chair £8,890.27 Standards - Independent Person £1,074.03 Audit Committee - Chair £5,370.14

Town & Parish Council Liaison Group Chair £3,176.46 Police and Crime Panel Member (X 2) £6,380.35

Independent Members (x 2) £6,380.35 (shared between the 5 authorities)

Basic Allowance £11,798.40 West Yorkshire Joint Services - Chair £10,102.24 (when chaired by

Wakefield and reclaimed from the Joint Service)

Mayor £15,679.24

Deputy Mayor £6,155.57 7. Renunciation A Councillor, may, by notice in writing given to the Chief Executive, elect to

forego any part of his/her entitlement to an allowance under this scheme. 8. Part-year Entitlements 8.1 The provision of this paragraph shall have effect to regulate the entitlements of

a Councillor to basic, and special responsibility allowances where, in the course of a year, this scheme is amended or that Councillor becomes, or ceases to be, a Councillor, or accepts or relinquishes a special responsibility in respect of which a special responsibility allowance is payable.

8.2 If an amendment to this scheme changes the amount to which a Councillor is

entitled by way of a basic allowance or a special responsibility allowance, then in relation to each of the periods:

(a) beginning with the year and ending with the day before that on which the

first amendment in that year takes effect, or

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(b) beginning with the day on which an amendment takes effect and ending

with the day before that on which the next amendment takes effect, or (if none) with the year,

the entitlement to such an allowance shall be to the payment of such part of the

amount of the allowance under this scheme as it has effect during the relevant period as bears to the whole the same proportion as the number of the days in the period bears to the number of days in the year.

8.3 Where the term of office of a Councillor begins or ends otherwise than at the

beginning or end of a year, the entitlement of that Councillor to a basic allowance shall be to the payment to such part of the basic allowance as bears to the whole the same proportion as the number of days during which his/her term of office subsists bears to the number of days in that year.

8.4 Where this scheme is amended as mentioned in paragraph 8.2, and the term of

office of a Councillor does not subsist throughout the period mentioned in sub-paragraph 8.2(a), the entitlement of any such Councillor to a basic allowance shall be to the payment of such part of the basic allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during which his/her term of office as a Councillor subsists bears to the number of days in that period.

8.5 Where a Councillor has during part of, but not throughout, a year such special

responsibilities as entitle him, or her to a Special Responsibility Allowance, that Councillor’s entitlement shall be to payment of such part of that allowance as bears to the whole the same proportion as the number of days during which he/she has such special responsibilities bears to the number of days in that year.

8.6 Where this scheme is amended as mentioned in paragraph 8.2, and a

Councillor has during part, but does not have throughout the whole, of any period mentioned in sub-paragraph (a) of that paragraph any such special responsibilities as entitle him or her to a special responsibility allowance, that Councillor’s entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days in that period during which he or she has such special responsibilities bears to the number of days in that period.

9. Payments 9.1 Payments shall be made in respect of basic and special responsibility

allowances in instalments of 1/12th of the amount specified in this scheme on the 15th day of each month.

9.2 Where a payment of 1/12th of the amount specified in the scheme in respect of

a basic or special responsibility allowance would result in the Councillor

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receiving more than the amount to which by virtue of paragraph 8, he/she is entitled, the payment shall be restricted to such amount as will ensure that no more is paid than the amount to which he/she is entitled.

9.3 Claims for travel and subsistence allowance will be by reference to “approved

duty” as set out below:

(i) programmed meetings of the following:

• Council

• Cabinet

• Adults Services, Public Health & NHS Overview and Scrutiny Committee

• Children, Young People and Skills Overview and Scrutiny Committee

• Economic and Environmental Overview and Scrutiny Committee

• Planning and Highways Committee

• Children’s Committee

• Licensing Committee

• Licensing Sub-Committees 1, 2 and 3

• Standards Committee

• Town and Parish Council Liaison Group

• Audit Committee

• Central JCC

(ii) programmed meetings of the following joint Committees and other joint bodies:

• West Yorkshire Combined Authority, including WYCA Investment, Transport, Scrutiny, and Consultative Committee.

• Local Government Association General Assembly, Urban Commission, Rural Commission (and any other Special Interest Groups that may be established)

• Local Government Management Board - Employers’ Forum and Provincial Councils

• West Yorkshire Joint Services Committee, including Archives and Archaeology/Trading Standards/Grants Sub Committees

• West Yorkshire Pension Fund

• West Yorkshire Police and Crime Panel

• West Yorkshire Fire and Rescue Authority

• Yorkshire Purchasing Organisation

• Yorkshire Library and Information

• Joint Overview & Scrutiny Committees

(iii) Any ad-hoc meetings as determined by the Corporate Director, Business Change.

(iv) any other duty approved by the Council or other body listed in paragraphs 9.3

(i), (ii) or (iii) above, or any duty of a class so approved, for the purpose of or in connection with, discharge of the functions of the Council or other body.

(v) Travel and Subsistence Allowance shall only be payable for approved duties

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outside the District boundaries. FOOTNOTE The Council acts as paying agents for the following:

• Local Government Association Standing Committees, Committees and Task Groups

• Yorkshire and Humberside Local Authorities’ Employers’ Organisation Committees, Working Parties, etc.

• Elected Members should continue to submit claims through the Council who, in turn, will claim reimbursement from the relevant Association. Such payments fall outside the Council’s Allowances’ Scheme.

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Schedule 2 – Members’ Allowances Rates

Members’ Allowances Rates with effect from 18 January 2007 1. Local Government Association Day Session Rate The Local Government Association day session is: £132.44 2. Financial Loss Allowance The allowance may not exceed (a) For a period not exceeding four hours £27.65 (b) For a period between four hours and twenty- four hours £55.31 (c) For a longer period, the appropriate combination of (a) and (b) above. 3. Travelling Allowance (a) Motor Cycle Rate (pence per mile) Capacity Not exceeding 150 cc 8.5 151-500 cc 12.3 Exceeding 500 cc 16.5 (b) Motor Car Capacity Not exceeding 999 cc 34.6 999-1199 cc 39.5 Exceeding 1199 cc 48.5 (c) Bicycle Allowance 16.0 (d) Passenger Supplements The above rates as set out at (a) and (b) are increased in respect of the

carriage of each passenger, not exceeding 4, to whom a travelling allowance would be otherwise payable, by not more than 3.0 pence per mile for the first passenger and 2.0 pence per mile for the second and subsequent passengers.

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4. Subsistence Allowance Allowance Rate

Breakfast allowance £4.92 (more than 4 hours away from normal place of residence before 11 am) Lunch allowance £6.77 (more than 4 hours away from normal place of residence, including the lunch time between 12 noon and 2 pm) Tea allowance £2.67 (more than 4 hours away from normal place of residence, including the period 3 pm to 6 pm) Evening meal allowance £8.38 (more than 4 hours away from normal place of residence, ending after 7 pm)

Overnight Subsistence: Absence overnight from normal place of residence

£79.82

For such absence in London, or for attending the annual conference of the Local Government Association, Association of British Market Authorities, and the Council of Local Education Authorities.

£91.04

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Schedule 3 – Childcare and Dependants’ Carers’ Allowances

Childcare and Dependant Carers Allowances is paid based on actual costs incurred, on production of receipts, up to a maximum of 10% of the basic allowance for attendance on approved duties. This allowance cannot be claimed where the carer is another member of the Councillor’s household or a friend. ‘Approved duties’ means all meetings of Council, Cabinet, Committees, Sub-Committees and Panels and formal meetings of joint committees and other joint bodies to which the member has been appointed by the Council. Other meetings may be deemed approved duties by the Chief Executive in consultation with the Portfolio Holder for Modern Public Services.

Claims and Payments (1) Claims for Dependants’ Carers’ allowances under this Scheme shall:

(i) be made in writing to the Chief Finance Officer within two months of the date of

the approved duty in respect of which the entitlement to the allowance arises; and

(ii) specify the duty in respect of which the claim is submitted and shall be accompanied by any receipt for the expenditure incurred.

(iii) The Council will pay a maximum hourly rate, set at £9.00 per hour, which will be increased annually in line with inflation. This scheme is intended to cover members who have caring responsibilities for family members, partners and close friends, for example elderly relatives or children. If you believe that you provide regular substantial care to any individual, you may be entitled to a Carers Assessment and support from the Council’s Family Services. To find out more about this please contact Social Care Direct on 08458 503 503 or by emailing [email protected] The Council will only pay for the costs of professional care services; it will not pay for services provided by family or friends. If you wish for some guidance whether or not you will be able to claim in any particular case please contact Nina Barratt, Member Development Officer on 01924 305192 or [email protected].

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MAYORAL ALLOWANCES 1.1 The payment of allowances to the Mayor and Deputy is governed by the Local

Government Act 1972. Section 3(5) of the Act provides that the Council may pay to the Mayor “for the purpose of enabling him to meet the expenses of his office such allowance as the Council thinks reasonable”. Section 5(4) makes identical provision in respect of the Deputy Mayor.

1.2 Examples of expenditure from these allowances include an extensive wardrobe

to enable the Mayor and Mayoress and Deputy Mayor and Deputy Mayoress to undertake their civic duties as the District’s first citizens, charitable donations, and certain entertainment. Allowances are increased automatically each year in line with inflation.

1.3 Allowances paid to the Mayor and Deputy Mayor to enable them to carry out

their civic duties are subject to tax and national insurance. This will be collected through the PAYE system, with the allowances being paid through payroll monthly.

1.4 A proportion of the Mayoral Allowance is specifically for the use on expenses

such items as Christmas cards, Visitors Book, Church collections, other small donations, and other expenses incurred by the Authority relating to Mayoral functions. On receipt of the allowance the Mayor and Deputy Mayor should take advice from the Chief Executive and agree to deposit an agreed amount into the relevant Mayoral bank accounts held by the Committee and Members’ Services Section for use for these purposes.

1.5 Current allowances are: (a) Mayoral £ 15,219.60 (b) Deputy Mayoral £ 5,915.96 2. CIVIC HOSPITALITY 2.1 Civic hospitality encompasses a variety of mayoral functions throughout the

Municipal Year, ensuring that citizens have an opportunity to be received by the Authority at a variety of occasions and venues within the District. This includes:

(i) Support to the Mayor’s Charity. (ii) Mayor Making Luncheon. (iii) Mayoress at Home. (iv) Hospitality - Mayor’s Parlour. (v) Civic Parade. (vi) Festival of Remembrance. (vii) Floral Tributes. (viii) Yorkshire Day/Yorkshire Society. (ix) Civic Gifts.

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2.2 Civic hospitality may also include occasions when the Authority receives official

visitors. The funding of such visits will normally be the responsibility of the appropriate Directorate, but where visits are of a corporate nature, subject to prior approval of the Chief Executive in conjunction with the Leader, Deputy Leader and Cabinet Member (Corporate Services), they may be funded from civic hospitality.

2.3 A report on expenditure which has been incurred during the preceding year

will be submitted to the Cabinet. 2.4 All expenditure on civic hospitality incurred by designated Members of the

Council, other than the Mayor or Deputy Mayor, will be provided through the special responsibility allowance given to those Members under the Members’ Allowances Scheme.

3. OVERSEAS OUT OF POCKET EXPENSES 3.1 An overseas out-of-pocket allowance of £25 per day is payable in local currency

to Members who are attending conferences and visits overseas on behalf of the Council. The purpose of the allowance is to cover the additional costs that may reasonably be incurred over and above the normal rates of subsistence. Guidance explaining what the allowance is intended to cover is available from the Chief Executive.

3.2 Subsistence allowances cover costs for breakfast, lunch, tea, evening meal and

accommodation. Where, however, the costs have been met in the UK, or by the twin town/organisation, or from official funds, the subsistence allowances would not be paid. All claims for subsistence must be supported by receipts/proof of actual expenditure incurred.

3.3 Any costs other than those covered by subsistence allowances; e.g., drinks,

snacks and expenditure of a personal nature should be met from the overseas out-of-pocket allowance.

3.4 The overseas out-of-pocket allowance should not be viewed as an alternative

form of allowance. Accompanying Officers have no authority to pay from Council funds for the personal expenses of any Member that should be properly covered by the out-of-pocket allowance.

3.5 The reasonable costs of up to two personal telephone calls per Council

representative per day to the UK will be met from official funds.

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PART 7 – MANAGEMENT STRUCTURE A brief description of the responsibilities of the Service Groups is:

Chief Executive's Office Responsibility for securing and managing the professional body of staff needed to deliver modern, effective, well focussed services. Overall corporate management and operational responsibility (including overall management responsibility for all Officers). Provision of professional advice to all parties in the decision making process. Together with the Monitoring Officer, responsibility for a system of record keeping for all the Council’s decisions. Representing the Council on partnership and external bodies (as required by statute or the Council). Regeneration and Economic Development Building Control Development Control Planning Regeneration Strategic Housing Transport Services Highways, Traffic and Transportation Improvement Planning Libraries and Museums Tourism Museums and Galleries Sport and Leisure Centres Car Parks Environmental Health CCTV Service Cemeteries and Crematoria Cleansing, Waste and Markets Environment Service Grounds Maintenance Arts Development Facilities Management Public Halls Property Partnership Skills and Adult Education

Adults, Health and Communities Personal Social Services for Adults and Elderly with Special Needs, including day care, home care, residential care and social work. Public Health Adult Health Commissioning Personalisation Area Working Arrangements Homelessness Community Safety Diversity / Social Cohesion Community Engagement Corporate Services Financial Services Human Resources ICT / Business Intelligence Procurement Legal and Governance Corporate Policy and Research Communications Local Strategic Partnership Performance Management Equalities Children and Young People Personal Social Services for Children, including day care, home care, residential care & social work. Youth Offending Team Education Psychology Service Education Welfare Ethnic Minorities Support Home School Transport School Crossing Patrols School Meals School and Governor Support Special Needs Youth Service

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Service Director Planning, Transportation & Highways

Service Director Economic Growth & Housing

Service Director Arts, Culture and Leisure

Service Director Communities

Service Director Environment and Property

Service Director, Education & Inclusion

Service Director Safeguarding

Director of Integrated Care (j/t appointment)

Service Director, Strategy & Commissioning

City Solicitor

Corporate Director Children & Young People

Corporate Director Adults Health and Communities

Corporate Director Regeneration & Economic Growth

Corporate Director, Business Change


Service Director, Health Commissioning

Chief Finance Officer

Chief Executive

Wakefield Council Constitution 2018/19 · 3 contents foreword 5 part 1 – summary and explanation...

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Transcript of Wakefield Council Constitution 2018/19 · 3 contents foreword 5 part 1 – summary and explanation...