Meeting of the Burnley Borough Council · The Mayor presented a Volunteer in Parks Awardcertificate...
Transcript of Meeting of the Burnley Borough Council · The Mayor presented a Volunteer in Parks Awardcertificate...
Meeting of the
Burnley Borough Council To be held at 4.00pm on
Wednesday 18th May 2016
Please note that phones and other equipment may be used to film, record, tweet or blog from this meeting. The
use of those images or recordings is not under the Council’s control. No part of the meeting room is exempt
from public filming. Under current legislation members of the public can film or record this meeting provided
they don’t disrupt the meeting.
Town Hall Burnley
10th May 2016
Sir or Madam,
Notice is given of the ANNUAL MEETING of the COUNCIL of the BOROUGH OF
BURNLEY to be held at the TOWN HALL, BURNLEY, on
Wednesday 18th
May 2016
starting at 4.00 p.m.
To transact the business specified below.
Lukman Patel Head of Governance, Law &
Regulation
Members of the public may ask a question, make a statement, or present a petition
relating to any matter for which the Council has a responsibility or which affects the Borough.
Notice in writing of the subject matter must be given to the Head of Governance, Law & Regulation by 5.00 pm on the day before the meeting. Forms can be obtained for this
purpose from the reception desk at Burnley Town Hall, Manchester Road or at the Contact Centre, Parker Lane, Burnley or from the web at: www.burnley.gov.uk/meetings.
Requests will be dealt with in the order in which they are received.
A G E N D A
1. Election of Mayor
To elect the Mayor of the Borough and Chair of the Council for the 2016/17 Municipal Year.
2. Vote of thanks to the retiring Mayor
To move a vote of thanks to the retiring Mayor for her services during the past municipal year.
Please note that phones and other equipment may be used to film, record, tweet or blog from this meeting. The
use of those images or recordings is not under the Council’s control. No part of the meeting room is exempt
from public filming. Under current legislation members of the public can film or record this meeting provided
they don’t disrupt the meeting.
3. Appointment of Deputy Mayor To appoint a Deputy Mayor and Vice Chair of the Council.
4. Mayor’s Communications
To receive communications (if any) from His Worship the Mayor.
Adjournment The meeting will adjourn for refreshments and reconvene at 6.30 pm
5. Minutes
To receive as read the minutes of the last meeting of the Council held on 13th April 2016 and to confirm them or otherwise (enclosed)
6. Declarations of Interest
To receive any declarations of interest.
7. Public Question Time To receive questions, statements or petitions (if any) from members of the
public.
8. Items for decision by the Council
Page Number
(a)
The Executive and their portfolios for 2016/17
To note the Executive and their portfolios for 2016/17 (document to follow)
x
(b) Appointments to Committees, Working Groups and Panels 2016/17 x
To appoint to committees, working groups and panels for the 2016/17 Municipal year (report enclosed)
(c) Appointment of Chairs and Vice Chairs of Scrutiny, Regulatory and
other Committees 2016/17 To consider the appointment of Chairs and Vice Chairs of Scrutiny,
Regulatory and other Committees for the 2016/17 Municipal year (enclosed)
x
Please note that phones and other equipment may be used to film, record, tweet or blog from this meeting. The
use of those images or recordings is not under the Council’s control. No part of the meeting room is exempt
from public filming. Under current legislation members of the public can film or record this meeting provided
they don’t disrupt the meeting.
(d) Appointments to Outside Bodies for 2016/17 To consider the appointment of representatives to serve on various
outside bodies for the 2016/17 Municipal year (report enclosed)
x
(e) Appointments to the Independent Remuneration Panel
To consider the appointment of representatives to serve on the Independent Remuneration Panel from 2016/17 Municipal year
(report enclosed)
x
(f) Updates to the Constitution
To consider updates to the constitution regarding delegated Officer
Decisions and Part 3 Proper Officer designations (report enclosed)
x
9. Questions
To deal with questions (if any) relating to matters not contained in the
Minutes before the Council and of which notice in writing has been received in accordance with Standing Order No 10 (2)
Minutes
ITE
M 5
Full Council 18/05/2016 Page 1 of 3
BURNLEY BOROUGH COUNCIL
BURNLEY TOWN HALL
Wednesday 13th
April 2016
PRESENT
MEMBERS
Her Worship The Mayor Councillor Elizabeth Monk in the Chair;
Councillors Baker, Birtwistle, Briggs, Brindle, Campbell, Cant, Carmichael, Chaudhary, Cunningham, Ellis, Fleming, Foster, Frost, Graham, Harbour,
Harrison, Heginbotham, Hosker, Hussain, Isherwood, Ishtiaq, Johnstone, Arif Khan, Wajid Khan, Lishman, Martin, Mottershead, Newhouse, Pate, Porter,
Reynolds, Royle, Sumner, Tatchell, Towneley and Townsend
OFFICERS
Pam Smith
Lukman Patel Eric Dickinson
Imelda Grady David Farrar Claudia Wilcock
-
- -
- - -
Chief Executive
Head of Governance, Law and Regulation Democracy Officer
Democracy Officer Mayor’s Officer Business Administration Apprentice
72. Minutes
RESOLVED The Minutes of the meeting of the Council held on the 24th February 2016 were confirmed and signed by the Chair.
73. Mayor’s Communications
The Mayor presented a Volunteer in Parks Award certificate and a small gift token to Steven Holloway to recognise the outstanding contribution he has
made as a volunteer in Scott Park for more than three years.
74. Public Questions
Aslam Khan addressed the Council under the Request to Speak Policy on
Council Tax issues.
75. Petition Debate on the Market
Ann Pounder and Lorraine Duffy addressed the Council under the Request
Full Council 18/05/2016 Page 2 of 3
to Speak Policy regarding the Market petition set out below.
“Petition against the demolition of the link bridge.
Burnley Council Executive has proposed plans to demolish the Open Market, the Service Deck and Ramp, the former site of Studio 123 (cinema) and the
Link Bridge. Market Hall stall holders understand the need for this, but disagree with the plan to demolish the Link Bridge.
We feel that this is an important entrance and exit point of the market hall, mostly for disabled, elderly and families with prams.
Please help us voice our concerns by signing our petition” With reference to the Council’s petition scheme, Members considered a
response to the petition.
It was MOVED by Councillor Sue Graham and seconded by Councillor Mark
Townsend;
“Not to take the action proposed in the petition for reasons of cost and unsuitability of access following the demolition works”
76. Adjournment of meeting
The Mayor adjourned the meeting to allow Members the opportunity to
consider an amendment.
77. The meeting reconvened at 7.30pm.
An amendment was MOVED by Councillor Isherwood and seconded by
Councillor Gordon Birtwistle to add the following words to the original motion;
“ …until further investigations of the information provided by the petitioners
and requested by the Councillors has been completed and brought back to Full Council for debate.”
On being put to the vote the amendment was lost.
On being put to the vote, the original motion was declared to be carried and it was RESOLVED ACCORDINGLY
78.
Combined Authority
Consideration was given to a report seeking agreement for the Council to become a constituent member of a Combined Authority for Lancashire.
RESOLVED (1) That the contents of the report be noted;
(2) That the appended response to the public consultation on the Combined Authority proposals be noted;
Full Council 18/05/2016 Page 3 of 3
(3) That it be agreed for the Council to become a constituent member of a Lancashire Combined Authority and that proposals to do so be submitted to the Secretary of State;
(4) That In the interim period, that it be agreed to form a shadow
Lancashire Combined Authority; and (5) That any future proposals for a devolution deal with the Government
be brought back to Council for agreement.
79. Calendar of Meetings 2016/17
Consideration was given to the calendar of meetings for 2016/17.
RESOLVED That the calendar of meetings for 2016/17 be approved, based on the
current 10 week cycle and a reduction in Scrutiny Committees to 1 per cycle as set out in Appendix 1 to the report.
80. Scrutiny Chair’s Cycle 5 report
Consideration was given to the Scrutiny Chair’s report for cycle 5.
RESOLVED That the Cycle 5 report of the Scrutiny Chair be noted.
81. Strategic Plan Progress Reports
RESOLVED That the Strategic Plan Progress Reports of Executive Members be noted.
82. Exclusion of the Public
RESOLVED
That the public be excluded from the meeting before discussion took place on Minute 83 on the grounds that in view of the nature of the business to be
transacted, if the public were present there would be a disclosure to them of exempt information within the meaning of Part VA of the Local Government
Act 1972 relating to the financial or business affairs of any particular person (including the Authority holding that information)
83. Vision Park Phase 1
Further to Minute 107 (29th March 2016) of the Executive, consideration was given to the inclusion of £5,007,000 in the capital programme for 2015/16 and 2016/17 regarding the Vision Park Phase 1 project funded as
set out in paragraphs 17 and 18 of the report.
RESOLVED That approval be given for the Vision Park Phase 1 project with a total cost of £5,007,000 to be included in the capital programme for 2015/16 and 2016/17 funded as set out in paragraphs 17 and 18 of the report.
The Executive and their portfolios 2016/17
ITE
M 8
a
Appointments to Committees, Working
Groups and Panels 2016/17
IT
EM
8b
ITEM NO
C:\Users\spfarm\AppData\Local\Temp\31fe7745a7104f2e8ce81c5626a69258.docx
Constitution and appointments of Committees, Working Groups, Forums and Panels for the 2016/17 Municipal Year
REPORT TO FULL COUNCIL
DATE 18/05/2016
PORTFOLIO None
REPORT AUTHOR Imelda Grady
TEL NO 01282 477258
EMAIL [email protected]
PURPOSE
1. To appoint Committees, Working Groups, Forums and Panels for the 2016/17 Municipal Year.
RECOMMENDATION
2. The Council is asked to:
(1) Approve the committees/sub-committees, working groups, forums and panels to be appointed as outlined in Appendix 1 to the report, including their size and terms of reference; and
(2) Approve the membership of each of the committees, working groups, forums and
panels as outlined in Appendix 2 REASONS FOR RECOMMENDATION
3. To comply with legislation and to ensure that the Council continues to have an effective decision making structure.
SUMMARY OF KEY POINTS
4. The Council is required at the beginning of the municipal year to decide which
committees, sub-committees, working groups, forums and panels to establish for the ensuing year and to make the appointments in accordance with the statutory political
balance calculation where relevant, and as required by the Local Government and Housing Act 1989.
5. A list detailing the nominations to serve on the committees, working groups, forums and panels will be circulated at the meeting of the Full Council on 18th May and Members will be asked to approve these nominations.
6. There have been no significant changes to the constitution of various committees,
working groups, forums and panels during 2015/16, however attention is drawn to:- a. Three Tier Forum - this is currently not meeting whilst Lancashire County Council
C:\Users\spfarm\AppData\Local\Temp\31fe7745a7104f2e8ce81c5626a69258.docx
reviews its engagement with the districts, and especially in light of the Combined Authority proposals. However it has not formally been abolished and therefore it is
proposed to appoint to the Forum again in 2016/17 b. The Lancashire Police and Crime Panel – this Panel has to meet a balanced
appointment objective across all the local authorities in the Lancashire force area. Following the borough council elections in May 2015, Burnley’s allocation became one Labour member and substitute and it is proposed to make appointments to the Panel
on this same basis. The political balance across the County may change after the borough council elections on the 5th May and any amendments required will be
reported to Council. FINANCIAL IMPLICATIONS AND BUDGET PROVISION
7. None POLICY IMPLICATIONS
8. None
DETAILS OF CONSULTATION
9. BACKGROUND PAPERS
10. None
FURTHER INFORMATION
PLEASE CONTACT: Imelda Grady
ALSO:
Appendix 1
Burnley Borough Council
Constitution of Committees, Working Groups, Panels and Boards for the Municipal Year 2016/17
Scrutiny Committee 17 Members - politically balanced
To provide strategic oversight of services and policy development by monitoring and reviewing the performance of the Council and recommending efficiencies and/or improvements accordingly and to
monitor, review and make recommendations on the Council’s strategic budget and objectives
Audit and Standards Committee 9 Members- politically balanced and to include an Executive Member and the Chair of Scrutiny
(must not be a member of a Parish Council or a Parish clerk)
To consider audit and risk management issues regarding the Council. To promote and maintain high standards of conduct within the Council. To advise the Council on the adoption or revision of its code
of conduct. To regulate members pecuniary interests and interests other than pecuniary interests. To hear complaints referred to the Committee about Borough Council members and Parish/Town
Council members within the Borough Boundary. To ensure that all members of the Council have access to training in all aspects of the member code of conduct, that this training is actively promoted, and that members are aware of the standards expected of local councillors under the code
Development Control Committee
16 Members – Specific Guidance to include relevant Executive Member- politically balanced
Functions relating to town and country planning and development control as specified in Schedule 1 to the Local Authorities (functions and responsibilities) (England) Regulations 2000 (the functions
regulations). The registration of common land or town and village greens and to register the variation of rights of
common as set out in Schedule 1 to the Functions Regulations The exercise of powers relating to the regulation of the use of highways as set out in Schedule 1 to the Functions Regulations
Licensing Committee
15 Members - politically balanced
Relating to taxi, gaming, entertainment, food and miscellaneous licensing. Functions relating to licensing and registration as set out in Schedule 1 to the Functions Regulations
and through its Sub Committees functions relating to taxis and the Licensing Act 2003, the Gambling Act 2005, Part 1 of the Health and Safety at Work Act 1974, Section27 of the Local Government
(Miscellaneous Provisions) Act 1982 and the Scrap Metal Dealers Act 2011. Member Structures and Support Working Group 12 Members - politically balanced
To review and, as necessary draw up proposals for modernising the Council’s Member Structures in the light of new legislation and best practice, and to make appropriate recommendations to full Council. To keep under review the range of existing support and services provided for Council
Members and to make recommendations, if necessary, to the appropriate Committees for improvements. To consider the annual Member Training and Development Programme (including
induction training for new Council Members). To act as a Forum for the discussion of matters relating to how Members and officers work together. To deal with all matter relating to the provision and use of IT equipment by Members
Three Tier Forum 6 Members - not politically balanced
This forum involves the County, Borough and Parish representatives in discussing relevant issues. Of the 6 Borough Members appointed by Full Council in 2015/16 there were 4 Labour,1 Liberal Democrat and 1 Conservative. However, it is currently not meeting whilst Lancashire County Council
reviews its approach to working with districts. Officially, it has never been formally abolished and appointments continue to be made subject to clarification of it status.
Police and Crime Panel 1 Member plus substitute– politically balanced across the County
This is a formally constituted joint committee, politically balanced, of all the authorities in the Lancashire force area.
At present, to meet the political balance across the Lancashire Authorities, Burnley is required to appoint one Labour member and substitute. This is subject to change depending on the political balance across the County following the 2016 borough council elections. Appeals Committee (JNC)
3 Members – by qualification
To comprise 2 Executive and either the Chair or Vice Chair of Scrutiny member (not on the investigating Committee). (See Part 4.9 of the Constitution for further details.)
To consider appeals against dismissal, other disciplinary action, grading and grievances by employees of the Council not on NJC terms and conditions.
Appeals Panel (NJC) 3 Members - by qualification
To comprise 2 members of the Executive and 1 member of the management team.. To deal with the final stages of appeals against dismissal, other disciplinary action by
employees of the Council who are on the conditions of service of the NJC for Local Government Services. Redundancy Appeal Panel 3 Members - by qualification
To comprise any 3 members of the Executive for those employees covered by the Council’s redundancy policy Joint Consultative Panel 3 Members - by qualification
To comprise 3 Members - Leader, Deputy Leader, Chair and Executive Member for Resources and Performance Management and 3 Trade Unions representatives. To act as a forum for consultation and negotiation between the Council and Trade Union
Representatives of employees subject to the national agreement of the NJC for Local Government Services and other employees
Parking and Traffic Regulations outside London (Patrol) Adjudication Joint Committee 1 Member plus substitute - by qualification
Representation consists of the relevant Executive Member (the Executive Member for Community Services), with the substitute being from the largest opposition party.
The Committee is constitutionally and legally a joint committee between Burnley and other Local Authorities and has been established to adjudicate on parking and traffic regulations.
Political balance requirements are not necessary for the appointments due to the low number
of Members being appointed.
EXECUTIVE APPOINTMENTS
The following appointments will be made by the Executive at its meeting on 7th June 2016
Traffic Regulation Order Sub Committee
3 Executive Members
To consider objections made to Traffic Regulation Orders and powers to amend or confirm Traffic
Regulation Orders or refer them to the Executive for a decision.
Pennine Lancashire Building Control Joint Committee
by qualification
Representation on the PLBC Joint Committee consists of the Executive Member for Housing
and Environment, with the substitute being the Executive Member for Resources. The Committee is constitutionally and legally an Executive joint committee between Burnley
and Blackburn with Darwin Local Authorities and has been established to in relation to the Building Control Service, including the enforcement of Building Regulations, in the Joint
Area. Political balance requirements are not necessary for the appointments due to the low number of Members being appointed.
Pennine Lancashire Leaders and Chief Executives Joint Committee (PLACE) by qualification
Representation on the Joint Committee consists of the Leader, with the substitute being the Deputy Leader.
The Committee is constitutionally and legally a statutory joint committee between Burnley and other Pennine Lancashire Local Authorities to oversee the role of Regenerate Pennine
Lancashire. Political balance requirements are not necessary for the appointments due to the low number of Members being appointed.
APPENDIX 2
MEMBERSHIP OF COMMITTEES/WORKING GROUPS FOR 2016-17
SCRUTINY COMMITTEE-17 CHAIR –
VICE CHAIR –
Councillors Councillors
AUDIT and STANDARDS COMMITTEE-9
-to include 1 Exec+ Chair of Scrutiny Committee CHAIR –
VICE CHAIR –
Councillors Councillors
DEVELOPMENT CONTROL COMMITTEE-16
-to include relevant executive member
CHAIR – VICE CHAIR –
Councillors Councillors
LICENSING COMMITTEE-15 CHAIR –
VICE CHAIR –
Councillors Councillors
MEMBER STRUCTURES AND SUPPORT WORKING GROUP-12
Councillors Councillors
LANCASHIRE POLICE AND CRIME PANEL
(1 Labour member and substitute)
Councillors Councillors
3 TIER FORUM -6 (4-1-1)
Councillors Councillors
PARKING AND TRAFFIC REGULATIONS OUTSIDE LONDON (PATROL)
ADJUDICATION JOINT COMMITTEE - 2
Include relevant Executive Member and 1 from largest opposition group
Councillors Councillors
Appointments of Chairs and Vice-Chairs of Scrutiny,
Regulatory and other Committees 2016/17
IT
EM
8c
Nominations for Chairs and Vice Chairs of Committee
Please note that the nominations will be circulated at the Council meeting
Committee
Chair Vice Chair
Scrutiny Committee
Audit and Standards Committee
Development Control Committee
Licensing Committee
Appointments to Outside Bodies 2016/17
ITE
M 8
d
C:\Users\spfarm\AppData\Local\Temp\c646dd8707344b0889c1ed2626d642fe.doc
ITEM NO
REPORT TO FULL COUNCIL
DATE 18th May 2016
PORTFOLIO None
REPORT AUTHOR Eric Dickinson
TEL NO 01282 477256
EMAIL [email protected]
Outside Bodies Appointments for 2016/17
PURPOSE
1.
To seek appointments to the Council’s Outside Bodies for 2016/17.
RECOMMENDATION
2. (1) That Members approve the Outside Bodies list for 2016/17 attached as Appendix 1;
(2) That a review be carried out by the Head of Regeneration and Planning Policy of the sustainability of East Lancashire Into Employment Co.Ltd and the feasibility of the Council’s continued Directorships in the organisation.
(3) That the Head of Governance, Law & Regulation be given delegated authority, in
consultation with the Leader, to agree Calico’s 4 independent persons nominations to its Board; and
REASONS FOR RECOMMENDATION
3. To ensure that the Outside Bodies list, which the Council appoints Members and
Officers to, contributes to the Council’s Objectives. SUMMARY OF KEY POINTS
4. Since Full Council in May 2007, there has been an agreed criteria for the inclusion of an Outside Body (OB) as set out below;
1.The appointment was a Statutory requirement
2.The appointment would make a direct and significant contribution to the Council’s Strategic Objectives
3. There was not significant cost and resource implications for the Council set against any benefit accrued. 4. That the balances of risk having been considered there would be a detrimental
effect on the Council were it not represented. 5.The appointment would raise the profile of the Council at a National or Regional
C:\Users\spfarm\AppData\Local\Temp\c646dd8707344b0889c1ed2626d642fe.doc
level
Since May 2007 Members who have been appointed to OB have been asked annually to complete a report on their activities.
Every two years a review has been undertaken of the OB list to complement the annual OB appointments process at the Appointments Council in May of each year. The last biennial review took place in May 2015, and so the next one is due in May 2017.
5. An analysis of the 2015/16 returns from Members and Officers received in March/April
2016 confirmed generally that the criteria for continued OB inclusion on the list has been met. The following feedback relating to the specific Outside Bodies outlined below were
received from Officers and Members;
Burnley College- the Council’s remaining appointee on the Burnley College Board, Nick Aves, confirmed that he had resigned in November 2015. The
College has recently confirmed that there are now no places for Council nominees on the College’s Board following their last governance review. Action- remove Burnley College from the OB list.
Burnley Town Centre Partnership – whilst it has been stated that the nature of
the Partnership has changed, the current Member apppointees also consider representation should continue due to the body being a partnership, because of the importance of the Town Centre for the local economy, and in light of the
changes taking place in the Town Centre. Therefore it is recommended that this matter be left until the next review of
Outside Bodies in May 2017, and therefore that both Member appointees be invited to future meetings. Action – no change during 2016/17.
East Lancashire into Employment – The current Member appointees have
expressed views that the appropriate level of Council representation should be reconsidered. Action- future review during 2016/17.
6. Specific recommendations for changes to the OB list (Appendix 1) for 2016/17 in May 2016 are as follows;
That Burnley College be removed from the OB list following the expiry of the Council’s current appointments
That a review be carried out by the Head of Regeneration and Planning Policy of the sustainability of East Lancashire Into Employment Co.Ltd and the feasibility
of the Council’s continued Directorships in the organisation
7. As reported in 2015/16, following changes to Calico’s governance, it is recommended
that delegated authority be given to the Head of Governance, Law & Regulation, in consultation with the Leader, to agree Calico’s 4 independent persons nominations to its Board.
C:\Users\spfarm\AppData\Local\Temp\c646dd8707344b0889c1ed2626d642fe.doc
FINANCIAL IMPLICATIONS AND BUDGET PROVISION
8. None.
POLICY IMPLICATIONS
9. None. DETAILS OF CONSULTATION
10. Group Leaders. BACKGROUND PAPERS
11. Pro forma Member and Officer returns 2015/16.
FURTHER INFORMATION
PLEASE CONTACT:
ALSO:
REPRESENTATION ON OUTSIDE BODIES
FOR THE MUNICIPAL YEAR 2016/17
Outside Body Qualification
2015/16
Appointed
2015/16
Qualification
2016/17
Appointed
2016/17
1. Barnfield and Burnley
Developments Limited
-Directors
Leader
Chief
Executive
Leader
Chief
Executive
Appointed by
the Executive
Leader
Chief
Executive
Leader
Chief
Executive
Appointed by
the Executive
2.
Burnley & Pendle Children’s Partnership
Executive Member for Leisure &
Culture
Cllr Bea Foster
Executive Member for Leisure &
Culture
3.
Burnley
Education Trust
Chief
Executive
Pam Smith Chief
Executive
Pam Smith
4. Burnley Leisure – Directors
(E )
Any 2 Members
Cllr Shah Hussain
(from 011115-
LP)
Cllr Jean Cunningham
Any 2 Members
x
x
5.
Burnley Pendle and Rossendale
Council for Voluntary Service
– Executive Committee
1 Member
Executive
Member for Community
Services
Cllr Lian Pate (to 100216)
Cllr Tony Martin (from
100216)
Cllr Tony Harrison
1 Member
Executive
Member for Community
Services
x
Outside Body Qualification 2015/16
Appointed
2015/16
Qualification 2016/17
Appointed
2016/17
6.
Burnley and
Pendle Citizens Advice Bureau
(E)
Executive
Member for Community Services
1 Experienced
Opposition Member
Cllr Tony
Harrison
Cllr Charlie
Briggs
Executive
Member for Community Services
1 Experienced
Opposition Member
x
7.
Burnley Private Rented Sector
Forum
(D/E)
Executive Member for
Housing and Environment
Chair of Scrutiny
Committee
Cllr John Harbour
Cllr Andy Tatchell
Executive Member for
Housing and Environment
Chair of Scrutiny
Committee
Chair of
Scrutiny Committee
8.
Burnley Town Centre
Partnership
Executive Member for
Regeneration and Economic Development
Vice Chair of
Scrutiny Committee
Cllr Sue Graham
Cllr Anne Kelly
Executive Member for
Regeneration and Economic Development
Vice Chair of
Scrutiny Committee
Vice Chair of Scrutiny
Committee
9.
Calico Board of Management – Annual General
meeting Voting Rights
(E)
Director of Community Services
Mick Cartledge
Director of Community Services
Mick Cartledge
10.
East Lancashire Health and Well
Being Partnership
Any Executive Member
Cllr Tony Harrison
Any Executive Member
x
Outside Body Qualification 2015/16
Appointed
2015/16
Qualification 2016/17
Appointed
2016/17
11.
East Lancashire
Into Employment Co. Ltd – Directors
Executive
Member for Regeneration and Economic
Development
Any Executive Member
Cllr Sue
Graham
Cllr Bea
Foster
Executive
Member for Regeneration and Economic
Development
Any Executive Member
x
12.
LCC Health Scrutiny
Committee
(same
Membership for Joint Lancashire Health Scrutiny
Committee)
Any Member of Scrutiny
Committee
Sub:
Any Member
of Scrutiny Committee
Cllr Trish Ellis
Sub:
Cllr Betsy Stringer
Any Member of Scrutiny
Committee
Sub:
Any Member
of Scrutiny Committee
x
Sub:
x
13.
Lancashire Waste Partnership
Executive Member for
Community Services
Cllr Tony Harrison
Executive Member for
Community Services
14.
Local Government
Association
Leader
Cllr Mark Townsend
Leader
15.
Marketing Lancashire
(previously called Lancashire
Tourism Forum)
Executive Member for
Regeneration and Economic
Development
Cllr Sue Graham
Executive Member for
Regeneration and Economic
Development
Outside Body Qualification 2015/16
Appointed
2015/16
Qualification 2016/17
Appointed
2016/17
16.
North Western
Local Authorities Employers' Organisation
Executive
Member for Resources and
Performance Management
Sub: Any Executive
Member
Cllr Wajid
Khan (from 300915)
Sub:
Cllr Mark Townsend
Executive
Member for Resources and
Performance Management
Sub: Any Executive
Member
Sub:
x
17.
Over Fifties Forum
Any Member Cllr Betsy Stringer
Any Member x
18. Police and Crime Commissioner Quarterly
Community Safety Portfolio
Holders
Executive Member for Community
Services
Cllr Tony Harrison
Executive Member for Community
Services
Outside Body Qualification 2015/16
Appointed
2015/16
Qualification 2016/17
Appointed
2016/17
19.
Regenerate
Pennine Lancashire Combined Body
(From 101214)
1 Public
Sector Director Leader
(TF 090615)
(was
Executive Member for Regeneration
and Economic Development)
and
An Alternate
Director -the Executive
Member for Regeneration and Economic
Development (TF 090615)
(was Chief
Executive)
Cllr Mark
Townsend
(TF 090615)
(was Cllr Sue
Graham)
and
Cllr Sue Graham
(TF 090615)
(was Pam Smith)
1 Public
Sector Director
Leader
and
An Alternate Director -the
Executive Member for
Regeneration and Economic Development
and
SECTION 2 - PERIOD APPOINTMENTS
Outside Body Qualifications 2015/16
Nominated 2015/16
Qualifications 2016/17
Nominated 2016/17
20.
Burnley Acorn
Fund-
(periods of
four years)
3 Members
(from Oct 2012 to Oct 2016)
Director of Resources is
Ex Officio
No change-
Cllr Jean Cunningham
(term expires Oct 2016)
Cllr Roger Frost
(term expires Oct 2016)
Cllr Ann Royle
((term expires Oct 2016)
Director of
Resources is
Ex Officio
3 Members
(from Oct 2016 to Oct 2020)
Director of Resources is
Ex Officio
3 Members
(from Oct 2016 to Oct 2020)
x
x
x
Director of Resources is
Ex Officio
21. Burnley College
Governing Board
REMOVED
Council Nominee
(term expires 2016)
Nick Aves None None
21.
Stocks Massey Bequest-
Represen-tative Trustees
(periods of four years)
Relevant Executive Member-Leisure
and Culture
(term expires
May 2016)
Chair of Scrutiny
Committee
(term expires May 2018)
No Change-
Cllr Bea Foster
(term expires
May 2016)
Cllr Andy
Tatchell
(term expires May 2018)
Relevant Executive Member-Leisure
and Culture
(term May 2016-
May 2020)
Chair of Scrutiny
Committee
(term expires May 2018)
(term May 2016- May 2020)
Chair of
Scrutiny Committee
(term expires May 2018)
Meetings held in Daytime, unless as stated below;
E - Evening
D/E - Daytime/Evening
Appointments to the Independent Remuneration
Panel
IT
EM
8e
ITEM NO
C:\Users\spfarm\AppData\Local\Temp\7a0fd64445da443ab7d0483bc0123ace.docx
Appointment to the Independent Remuneration Panel
REPORT TO FULL COUNCIL
DATE 18/05/2016
PORTFOLIO None
REPORT AUTHOR Imelda Grady
TEL NO 01282 477258
EMAIL [email protected]
PURPOSE
1. To consider the re-appointment of a member to the Independent Remuneration Panel
(IRP).
RECOMMENDATION
2. That David Sparrow be re-appointed to the Independent Remuneration Panel until 17th
May 2019.
REASONS FOR RECOMMENDATION
3. The Local Authorities (Members Allowances) (England) Regulations 2003 state that an
Authority may not set or amend its Members Allowance Scheme unless it has considered the findings of an Independent Remuneration Panel.
4. To maintain the membership of the panel.
SUMMARY OF KEY POINTS
5. The Independent Remuneration Panel was established by Council in 2001 and currently
comprises 4 members. The term of office of a Panel member, Mr David Sparrow, expires
in 2016 and he has indicated that he is willing to continue to serve on the Panel.
6. Mr Sparrow is the current Chair of the Panel, he has played an active part in the work of the IRP over a number of years and has valuable experience in making recommendations to the Council.
7. In February 2016, having regard to the IRP’s findings, Council set its members allowance
scheme for a three year period up to March 2019. Whilst the IRP will not need to report again to Council until late 2018, it is important that its membership is maintained in case the Panel needs to be called upon to consider any amendments to the current scheme as
required by legislation or by local determination.
FINANCIAL IMPLICATIONS AND BUDGET PROVISION
8. None – members contribute voluntarily
C:\Users\spfarm\AppData\Local\Temp\7a0fd64445da443ab7d0483bc0123ace.docx
POLICY IMPLICATIONS
9. None
DETAILS OF CONSULTATION
10. None
BACKGROUND PAPERS
11. None
FURTHER INFORMATION
PLEASE CONTACT:
ALSO:
Updates to the Constitution
ITE
M 8
f
ITEM NO
C:\Users\spfarm\AppData\Local\Temp\a389aa641203431d8a9f7eeed5e3ea62.docx
Updates to the Constitution
REPORT TO FULL COUNCIL
DATE 18/05/2016
PORTFOLIO Leader
REPORT AUTHOR Eric Dickinson
TEL NO 477256
EMAIL @burnley.gov.uk
PURPOSE
1. To seek Full Council approval for a number of proposed updates to the constitution.
RECOMMENDATION
2. That the Council approves and notes the following recent changes to the constitution;
(1) That decisions of over £50k made by Officers regarding express delegations from the Executive or Other Committees, and decisions of over £50k regarding any general
delegation as set out in Part 3 of the constitution, be published including the purpose and the reasons for the decision; and
(2) That the list of Proper Officers be updated and be included in Part 3 of the constitution, as attached in Appendix 1, with the Head of Governance, Law &
Regulation authorised to make final amendments.
REASONS FOR RECOMMENDATION
3. To comply with the Local Authorities (Executive Arrangements) (Meetings and Access to
Information) (England) Regulations 2012, Statutory Instrument 2012/2089 regarding
delegated Officer Executive decisions and the Openness of Local Government Bodies Regulations 2014 , Statutory Instrument No.2095/2014 regarding delegated Other Officer
decisions which must be recorded and published.
4. To comply with constitutional requirements regarding Proper Officer provisions.
SUMMARY OF KEY POINTS
5. Officer Delegations of over £50k Executive
The Government made Regulations in 2012 requiring certain Executive decisions made by Officers to be published.
These would not just be key decisions, but were not intended to include routine
C:\Users\spfarm\AppData\Local\Temp\a389aa641203431d8a9f7eeed5e3ea62.docx
administrative or operational decisions. Some Executive decisions can be expressly delegated to Officers at Executive meetings
or by Individual Executive Members decisions for a later determination, or can be delegated generally to Officers under the Scheme of Delegation under Part 3 or other
parts of the Constitution. It is proposed that express or generally delegated Executive decisions above £50k be
published. Other (Non-Executive)
Further Regulations were made in 2014 requiring certain Other (Non-Executive) decisions to be recorded and published.
These decisions could be express delegations, or general delegations. DCLG published in August 2014 non-statutory guidance to indicate the types of
decisions that should be published in a document called “Open and accountable local government”. The guidance does make it clear that ultimately it is for local decision makers to
determine which decisions should be published- the test to be applied is which decisions would the public reasonably expect to be published?
It is proposed that express or generally delegated Other (Non- Executive) decisions above £50k be published.
6. Proper Officers
The last decision regarding Proper Officers was taken at 10 th July 2002 Full Council, and since then various legislative requirements need adding into the Proper Officer
provisions. A limited number of designations relating to legislative actions are already embedded
within Part 3 of the constitution, i.e. the Scheme of Delegation, as part of the delegations for individual Officers. However an updated, comprehensive and consolidated list of Proper Officers is
attached, to be included as an Appendix to Part 3 of the constitution.
FINANCIAL IMPLICATIONS AND BUDGET PROVISION
7. None. POLICY IMPLICATIONS
8. None. DETAILS OF CONSULTATION
9. Management Team Group Leaders
BACKGROUND PAPERS
10. None.
ITEM NO
C:\Users\spfarm\AppData\Local\Temp\a389aa641203431d8a9f7eeed5e3ea62.docx
FURTHER INFORMATION
PLEASE CONTACT:
ALSO:
PROPER OFFICER PROVISIONS N.B. Any proper officer may appoint an alternative officer for all or any of their
functions provided that this is submitted in writing to the Head of Support and Members Services.
Reference
Proper Officer
Data Protection Act 1988
Officer appointed to exercise responsibilities to the Council under the Act.
WAS Director of Community Services TO Head of Governance, Law & Regulation
European Parliamentary Elections Act 1978
Paragraphs 4 (3) and 4 of Schedule 1 Duty to provide assistance at European Parliamentary
Elections
Chief Executive or Head of Governance, Law and
Regulation
Housing Act 1985
Part xi
Section 351
Registration schemes of houses in multiple occupation.
Head of Housing and Development Control
Section 606 (i) This part of the Act is concerned with housing clearance
and an officer is required to represent unfit property to the Council.
This part of the Act is concerned with housing clearance
and an officer is required to represent unfit property to the Council.
Section 606 (ii)
This section deals with receipt of a letter of complaint from a Justice of the Peace or parish council that a
dwellinghouse or house in multiple occupation is unfit.
Local Authorities (Stocks and Bonds) Regulations
1974
Register of stocks and bonds
Director of Resources
Local Authorities (Contracts) Regulations 1987 (No. 2862) Regulation 7 (2)
To sign, on behalf of the Council certificates in respect of PFI Contacts.
Director of Resources or Head of Finance and Property Management
Local Elections (Principal Areas) Rules 1986 and Local Elections (Parishes and Communities) Rules
1986 (Parishes and Communities) Rules 1986
Rule 48 (3)
Power to determine fees and conditions for supply of copies of, or extracts from, the election documents.
Head of Governance, Law and Regulation
Section 13 (3)
This section provides that where a parish does not have a parish council, the Chairman of the parish meeting
and the proper officer of the District Council shall be a body corporate by the name of the “Parish Trustees of – “(the name of the parish).
Local Government Act 1972
Head of Governance, Law and Regulation
Section 83 (1) to (4) (as amended by the Local Government Act 2000 (schedule 3))
This section provides that a person elected to the office of Mayor, Councillor or elected Mayor shall not take up
such office until he has made a declaration of acceptance of office to the proper officer of the Council.
Chief Executive
Section 84 (as amended by the Local Government Act 2000 (schedule 3))
A person elected to any office or elected as an elected
Mayor may resign such office by written notice delivered to the proper officer of the Council.
Chief Executive
Section 86
Duty to declare vacancy in office in certain circumstances.
Chief Executive or Head of Governance, Law and
Regulation
Section 87
Duty to give public notice of a casual vacancy.
Chief Executive or Head of Governance, Law and
Regulation
Section 88 (2)
This section concerns the filling of a casual vacancy in
the office of Mayor and empowers the proper officer of the Council to convene a meeting of the Council to elect a successor.
Chief Executive
Section 89 (1) (b)
Where a casual vacancy occurs in the office of Councillor, notice may be given in writing of the vacancy
to the proper officer of the authority by two local government elections for the area.
Chief Executive
Sections 100 A to K
These sections concern access to information.
Head of Governance, Law and Regulation
Section 100 b (2) The exclusion from inspection by the public and press of
reports on terms during which in the opinion of the Proper Officer meeting is likely not to be open to the public.
Head of Governance, Law and Regulation
Section 100 b (7) (C)
The supply to the press of additional material supplied to Members of the Council with items of business to be
discussed.
Head of Governance, Law
and Regulation
Section 100 C (2) Where parts of the minutes which disclose exempt
information are excluded from inspection, the preparation where necessary of a written summary of
those parts of the proceedings so as to provide the public with a reasonably fair and coherent record.
Head of Governance, Law and Regulation
Section 100 D (1) (a) and 100 (5) (a)
The identification of background papers which have been relied upon in preparing the report and compiling the list of such papers for inspection by the public in
accordance with Section 100 D of the Act.
All Reporting Officers
Section 100 F (2) The making of decisions as to documents which are not
required to be open to inspection by Council Members where it appears to the Proper Officer that a document
discloses exempt information of a description falling within any of the paragraphs of Schedule 12A to the Act.
Head of Governance, Law and Regulation
Section 115 (2)
This section requires officers to account for all monies and property coming into their hands in the course of
their employment. The money due from such officers must be paid to the Proper Officer of the Council.
Director of Resources
Section 146 (I) (a) and (b)
This section provides for the situation where securities stand in the books of a company in the name of a local
authority and deals with the transfer of those securities on the alteration of local authority areas. If the name of the authority is changed the Proper Officer of the
Council is required to make a statutory declaration to that effect in order that the new name may be entered in the company’s books. Where securities are transferred
to another authority, the certificate of the Proper Officer of the Council is sufficient authority for the new name to
be entered in the company’s books.
Director of Resources
Section 151-Statutory Officer
Every local authority shall make arrangements for the
proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.
Director of Resources
Section 191 (2) & (4) (b)
Where an application is made by the Ordnance Survey under Section 1 of the Ordnance Survey Act 1841 to
examine, ascertain and mark out the reputed boundaries of local authority areas, the application shall
be sent to the Proper Officer of the County Council or District Council.
FROM Property
Consultancy Manager TO Head of Finance and Property Management
Section 204 (3)
Under Schedule 2 of the Licensing Act 1964, notice of an application for a Justices’ Licence shall be given to
Head of Governance, Law and Regulation
the Proper Officer of the District Council. Paragraph 25 (7) (3) To certify resolutions.
Section 210 (6) and (7)
Where an officer of an existing authority has, by virtue of his office, powers relating to a charity, those powers
will transfer to the officer holding the equivalent post with the appropriate new authority. If there is no
equivalent post the powers will vest in the Proper officers of the new authority.
Head of Governance, Law
and Regulation
Section 212 (1) and (2)
With respect to local land charges, the Proper Officer to act as local registrar shall be the Proper Officer of the Council of the district in which the land is situated.
There is also a duty on the Proper Officer to register any notice, order, scheme, agreement, restriction, etc., in
the register of land charges.
Head of Governance, Law and Regulation
Section 225 (1)
This section provides that documents to be deposited with the Council should be received by the Proper
Officer on the council and retained by him according to the directions accompanying such documents.
Head of Governance, Law
and Regulation
Section 229 (5)
A photocopy of a document in the custody of the Council shall be admissible in evidence in legal
proceedings. A certificate purporting to have been signed by the Proper Officer of the council shall be sufficient authentication of the photocopy.
Head of Governance, Law and Regulation
Section 234 (1) and (2)
This section provides that any notice, order or other document which the Council are authorised to give,
make or issue may be signed on their behalf by the Proper Officer of the Council.
Chief Executive or any
other Officer upon whom the Council has delegated its powers and duties
under specific legislation.
Section 236 (9)
The Proper Officer of the District Council shall send a copy of every byelaw made by the Council to the Proper
Officer of every parish or community to which such byelaws apply.
Head of Governance, Law and Regulation
Section 238
This section sets out the requirements for evidencing
byelaws. It provides that a certificate purporting to be signed by the Proper Officer of the Council shall be prima facie evidence of the facts stated in the certificate.
Head of Governance, Law
and Regulation
Section 248
The Roll of Freeman of Burnley is to be kept by the Proper Officer of the district council.
Head of Governance, Law
and Regulation
Schedule 12 Paragraph 4 (2)
A Summons to attend a meeting of the Council shall be signed by the Proper Officer of the Council.
Head of Governance, Law
and Regulation
Schedule 12 paragraph 4 (3)
If a member of the Council wishes his Summons to be addressed to an address other that his residence he
should inform the Proper Officer of the Council in writing.
Head of Governance, Law
and Regulation
Schedule 14 Paragraph 25 (7)
Certification of resolutions passed by the Council applying or disapplying certain sections of the Public Health Acts 1875 to 1925 to the area of the new district.
Head of Governance, Law and Regulation
Local Government Act 1974
S.30 (5) Publication of reports of Local Commissioner
Monitoring Officer
Local Government Act 2000
Part I and IV To exercise Proper officers powers under Parts I and IV
of the Act and Regulations.
Chief Executive or Head of Governance, Law and
Regulation
Parts II and III To exercise Proper Officer power under Parts II and III
of the Act and Regulations.
Head of Governance, Law and Regulation
Part III, Chapters I, II, IV and V To exercise the powers of Monitoring Officer under the
Act and Regulations pursuant to that Act.
Head of Governance, Law and Regulation
Local Government (Contracts) Act 1997
Section 3 (2)(e)
To sign, on behalf of the Council, certificates in respect
of PFI Contracts.
Director of Resources and Head of Finance and Property Management.
Local Government and Housing Act 1989
Section 2
To maintain a list of politically restricted posts
Section 4- Statutory Officer
Head of Paid Service Section 6- Statutory Officer
Monitoring Officer
Deputy Monitoring Officer
Head of Governance, Law
& Regulation
Chief Executive
Head of Governance, Law
& Regulation
Senior Solicitor
Section 46 (1) Registrar of Loans
Director of Resources
Registrar of Bonds
Local Government (Miscellaneous provisions) Act 1976 (as amended by the Local Government Act
2000
Section 41 Certificate of copies of resolutions, minutes and other
documents.
Head of Governance, Law and Regulation
Part II Authorisation of officers to enforce the provisions of the
Act relating to private hire vehicles, their drivers and operators and to hackney carriage vehicles and their
drivers.
Local Government and Rating Act 1997
(Part II) and Sub-ordinate legislation under that part
Functions in relation to review of parishes.
Head of Governance, Law and Regulation
Representation of the People Act 1983
Section 8
Registration Officer of Parliamentary and local electors.
Director of Community
Services
Section 35
Returning Officer for the election of District and Parish Councillors.
Director of Community Services
Section 35
Acting Returning Officer for the election of County Councillors.
Director of Community Services
Section 39 (4) Powers in respect of holding elections.
Director of Community Services or Head of Governance, Law and
Regulation
Representation of the People Act 1985
Section 21
Power to fill vacancies in the event of insufficient
nominations.
Director of Community Services or Head of Governance, Law and
Regulation
Party Walls Act 1996
Section 10 (8)
To serve as the Appointing Officer for the purposes of the Act.
FROM Property
Consultancy Manager TO Head of Finance and
Property Management
Town and Country Planning Act 1971
Maintaining the list of listed buildings (Section 54)
Head of Regeneration
and Planning Policy
Local Government (Committees and Political Groups) Regulations 1990
Sections 8,9,13 and 14 Notifications to and by the Proper Officer
Regulation of Investigatory Powers Act 2000
To act as Senior Responsible Officer
To issue authorisations under the Regulation of Investigatory Powers Act 2000.
Freedom of Information Act 2000
Section 36
Qualified person to confirm or deny whether disclosure of information is likely to prejudice the effective conduct
of public affairs
The Local Authorities (Standing Orders ) (England) Regulations 2001
Schedule 1 Part II
Functions in relation to notifying Executive of appointments and dismissals
Local Government Act 2000 section 34
Local Authorities (Referendums) (Petitions and Directions) Regulations 2000
Publish the verification number of electors being 5% of local government electors for the purpose of petitions
Local Authorities (Executive Arrangements)
(Access to Information) (England) Regulations 2012 (was Local Government Act 20000 section 22)
Section 7 and 10
Head of Governance, Law & Regulation
Head of Governance, Law & Regulation
Chief Executive, Directors, Head of
Finance & Property Management, and Head
of Streetscene
Head of Governance, Law & Regulation
Head of People and Development or Strategic Human
Resources Consultant
Head of Governance, Law & Regulation
Head of Governance,
Law & Regulation
Access to agenda and connected reports for public meetings and general exception
Section 12 and 13
Produce a written statement of Executive decisions made at meetings and of Individual Members
Section 14 Make a copy of written statements of Executive
decisions and associated reports available for inspection by the public
Section 15 Make available for inspection a list of background
papers
Other Enactments
Reference
Public Health (Control of Disease) Act 1984 Public Health (Infections Diseases) Regs and those
duties of the Medical officer of Health specified in the Milk and dairies (General) Regulations 1959.
Proper Officer
Dr R Marshall
Alternate Proper Officers Dr M Biswas
Dr G Kerr Dr S Morton
Dr M Smith Dr S Bhatti Dr S Sethi
Dr K Lamden Dr S Garnett
National Assistance Act 1948 and the National Assistance (Amendment) Act 1951
Proper Officer
Dr S Morton Alternate Proper Officers
Dr M Biswas
Dr G Kerr Dr S Morton Dr M Smith
Dr S Bhatti Dr S Sethi
Dr K Lamden Dr S Garnett
Appointment of Inspectors
Health and Safety at Work Act 1974 Section 19 appointment of inspectors.
Miscellaneous Legislation
Animal Boarding Establishment Act 1963
Breeding of Dogs Act 1973 Clean Air Act 1993
Food Safety Act 1990 Control of Pollution Act 1974 Pet Animals Act 1951
Public Health Acts 1936, 1961 and1968 Riding Establishments Acts 1964 and 1970
Sunday Trading Act 1994 Animal Health and Welfare Act 1984 Dangerous Wild Animals Act 1976
Zoo Licensing Act 1981 Public Order Act 1986
Prevention of Damage by Pests Act 1949 Public Health Acts 1936, 1961 and1968 Highways Act 1980
Environmental Protection Act 1990 Town and Country Planning Act 1990
Environment Act 1995 Anti- Social Behaviour Act 2003 Clean Neighbourhoods and Environment Act 2005
Childrens Act 2004
Housing Act 1985 (Housing Conditions)
And Housing Act 2004 Town and Country Planning Act 1990
Environmental Act 1995 Planning and Compulsory Purchase Act 2004
Wildlife and Countryside Act 1981 Town and Country Planning Act 1990
Planning and Compulsory Purchase Act 2004
Head of Governance, Law & Regulation
Head of Governance, Law
& Regulation
Head of Streetscene
Community Safety
Manager Head of Housing and
Development Control
Head of Regeneration and Planning Policy