Committee structure

Council

Terms of Reference

 

Functions:

 

Only the Council will exercise the following functions:

 

adopting and changing the Constitution;

 

approving or adopting the Policy Framework and the Budget;

 

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 Budget and Policy Framework;

 

appointing and removing the Leader;

 

agreeing and/or amending the terms of reference for Committees, deciding on their composition and making appointments to them (in accordance with the Local Government and Housing Act 1989) unless the appointments have been delegated by the Council;

 

appointing the Chairs of the Overview and Scrutiny Committees;

 

changing the name of the area or conferring the titles of Honorary Alderman and Freeman of the Borough;

 

making or confirming the appointment of the Head of Paid Services;

 

adopting an Allowances Scheme;

 

making, amending, revoking re-enacting or adopting bylaws and promoting or opposing the making of local legislation or Personal Bills;

 

all Local Choice Functions set out in Section 10 of this Constitution which the Council decides should be undertaken by itself rather than the Executive;

 

appointing representatives to outside bodies unless the appointment is an Executive Function or has been delegated by the Council; and

 

all matters which by law must be reserved to the Council.

Executive

Terms of Reference

 

Functions:

 

The main Executive functions are:

 

to determine how expenditure on services should be undertaken;

 

approving the commencement of procurements of services, supplies and works not already identified in the capital programme, which come within the scope and definition of a key decision;

 

to agree annual reports;

 

to monitor the budget for particular services;

 

to make recommendations on the Policy Framework and annual revenue budget and capital programme to the Council;

 

to agree strategies and plans at a level below the Policy Framework;

 

to take decisions to implement the Council’s policies;

 

to agree responses to consultation papers when appropriate;

 

to make appointments to and the payment of grants to outside bodies within its remit;

 

to receive and consider referrals from the Overview and Scrutiny Committees; and

 

to publish a Forward Plan of expected Key Decisions.

Overview and Scrutiny

Terms of Reference

 

Functions:

 

Overview and Scrutiny will review policies and contribute to policy development to assist Council and the Executive in the development of its budget and policy framework by in-depth analysis of policy issues.

 

In carrying out its work, Overview and Scrutiny will:

 

(a)  carry out research and consultation with the community, local businesses and other appropriate interest groups in considering different policy options;

 

(b)  question members of the Executive, other committee members, officers and other appropriate people to canvass opinion and gather evidence to assist in developing their conclusions, and liaise with external organisations to gather evidence based on wide-ranging views;

 

(c)  make recommendations to the Executive, to an appropriate committee or to Council arising from the outcome of the scrutiny process.  They may also make recommendations to partner and external organisations as appropriate;

 

(d)  invite individual witnesses, other public bodies or partnerships in the Borough to participate in the scrutiny process and question any person (with their consent). 

 

Overview and Scrutiny will report annually to Council and the chairs will jointly keep scrutiny practices, procedures and work programmes under periodic review. 

Licensing

Licensing Committee

 

Terms of Reference

 

Functions:

 

To consider and decide upon any necessary changes in licensing policy.

 

Licensing Panels

 

Terms of Reference:

 

Functions:

 

To consider and decide upon applications received under the Licensing Act 2003 and the Gambling Act 2005.

 

To consider and decide upon applications and appeals for licenses for street trading, private hire and hackney carriages and any other licence applications unless otherwise delegated.

 

To hear appeals in respect of the following legislation:-

 

(a)  Licence for dog breeding establishments under Breeding of Dogs Act 1973 and 1991

 

(b)  Licence to keep riding establishment under Riding Establishments Act 1964 and 1970

 

(c)  Licence for animal boarding establishment under the Animal Boarding Establishments Act 1963

 

(d)  Licence to keep pet shop under Pet Animals Act 1951 (Amendment) Act 1983

 

(e)  Street Trading Consent under the Local Government (Miscellaneous Provisions) Act 1976

 

(f)  Licence to keep dangerous wild animals under the Dangerous Wild Animals Act 1982

 

(g)  Licence for a zoo under the Zoo Licensing Act 1981

 

(h)  Licence for a caravan site under the Caravan Sites and Control of Development Act 1960

 

(i)  Registration of premises under Local Government (Miscellaneous Provisions) Act 1982

 

(j)  Licence to hire pleasure craft under the Public Health Acts Amendment Act 1907 as applied by the Local Government Act 1972 and byelaws made thereunder

 

(k)  Licence for moveable dwellings under the Public Health Act 1936

Development Panel

Terms of Reference

 

Functions:

 

To consider and decide upon applications for planning permission and related matters within the Borough unless otherwise delegated.

Standards

Terms of Reference

 

Functions:

 

The promotion and maintenance of high standards of conduct within the Council:

 

(a)  To advise the Council on the adoption or revision of its Code of Conduct.

 

(b)  To monitor and advise the Council about the operation of its Code of Conduct in the light of best practice, changes in the law and relevant guidance.

 

(c)  To determine the Arrangements and Guidance for dealing with any Code of Conduct matters.

 

(d)  To determine any allegations of a breach of such protocols by members in accordance with procedures adopted by the Committee

 

Assistance to members and co-opted members of the authority:

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 from local councillors under the Code.

 

Other functions:

 

(a)  All functions relating to standards of conduct of members under any relevant legislation or Regulations.

 

(b)  Advising the Council on the adoption or revision of any relevant supporting protocols relating to standards of conduct by members, monitoring the operation of such protocols and providing training for members on them.

 

(c)  Granting dispensations to councillors and co-opted members from requirements relating to interests set out in the Members Code of Conduct.

 

(d)  Dealing with reports from the Monitoring Officer.

 

(e)  Granting exemptions for politically restricted posts.

 

Parish Council functions:

 

To carry out all the above functions in respect of Parish Councils and their members for which the Borough Council is responsible under any relevant provision of, or Regulations made under the Local Government Act 2000 or any amendment or re-enactment thereof.

Audit

Terms of Reference

 

Functions:

 

The Committee will provide independent assurance of the adequacy of the risk management framework and the associated control environment, independent scrutiny of the authority’s financial and non-financial performance to the extent that it affects the authority’s exposure to risk and weakens the control environment and to oversee the financial reporting process including:

 

Examining proposals for the Terms of Reference of Internal Audit;

 

Approving the Internal Audit Strategic and Annual Plans;

 

Reviewing the progress report from the Heads of Internal Audit;

 

Reviewing the progress report from External Audit summarising work done and emerging findings;

 

Reviewing the Head of Internal Audit’s Annual Opinion and Report;

 

Advising on the adequacy of management response to issues identified by audit activity, including external audit’s management letter;

 

Quality assuring reports from Internal Audit reviews;

 

Examining and approving the Statement of Accounts;

 

Considering and approving the Annual Governance Statement;

 

Agreeing documentation and policies with regard to the Treasury Management Function, and recommending them to Council for approval

 

Approve the Internal Audit Charter.

Harrington Harbour and Dock Board

Terms of Reference

 

Functions:

 

To exercise the Council’s function in respect of Harrington Harbour under the Harrington Harbour Order 1902 and the Harbours Act 1964 and to support the further process of regeneration in Harrington Harbour and associated land.

 



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Allerdale Borough Council
Allerdale House, Workington, Cumbria,
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