All Committees will have the following functions in relation to those areas of responsibility falling within the remit of each Committee:
· To work at meeting the Council’s corporate objectives, as set out in the Corporate Plan and set strategic priorities within the Budget and Policy Framework, for services within its remit
· To adopt, monitor and review Council policies and strategies which fall within the remit of that Committee.
· To take decisions within the budget framework including contract and virement decisions.
· Where there are significant budgetary implications, to make recommendations to the Corporate Policy and Resources Committee on changes to existing policies, or the adoption of new policies, with the exception of changes to previously approved, or the addition of new policies falling within the Policy Framework. These are reserved to Council.
· Each Committee is limited in authority to grant expenditure to £1 million for any particular project (with the exception of decisions on Community Infrastructure Levy funds allocation by the Corporate Policy and Resources Committee) without seeking approval from full Council. Any project must be taken as a whole, and the project cannot be sub-divided into its constituent parts with each being authorised separately to avoid this limit set by this rule.
· To recommend to Council any expenditure on a project within the Capital Programme where the cost of the project as a whole exceeds £1million.
· To review and have oversight of the agreed Project Initiation Document and other relevant project reporting documentation in relation to service projects within the Committee’s remit.
· To consider and propose budget priorities and actions on the delivery of Council services within each Committee’s remit, within the overall policy and budgetary framework agreed by the Council.
· To consider periodic budgetary monitoring and variation reports in respect of the functions within the Committee’s remit and make any recommendations to the Council as necessary.
· To consider Motions referred to the Committee by Council under Standing Order 16.6, in accordance with the rules of debate at Standing Order 18.
· To review and scrutinise budget proposals relevant to the Committee’s functions and make recommendations to the Corporate Policy and Resources Committee, or in the case of that Committee, make recommendations to Council.
· To review and scrutinise service delivery in line with the strategic direction set above and in particular ensuring that best value in service delivery is being obtained for the community.
· To undertake scrutiny and monitor the performance of external bodies who deliver services to the community.
· To encourage performance improvement in relevant services, consistent with Value for Money principles (defined in Part 4d Glossary of terms) and within the policy and budgetary framework agreed by the Council. This includes responding appropriately to statutory reports on external inspections and service reviews.
· To facilitate and encourage public participation in the Council's activities by engaging key stakeholders in the Council's processes for decision making.
· To oversee the publication of consultation papers on key issues and ensure that there is appropriate public consultation.
· To consult with local Ward councillors about policy developments or service initiatives which have a specific relevance to that Committee.
· To commission studies or the collection of information relating to policy issues (Corporate Policy and Resources Committee) or service delivery (Strategic Committees).
· To establish Working Groups and Task and Finish Groups to examine in detail specific issues or aspects of policy, procedure or service in accordance with the Working Group and Task and Finish Group procedure rules at Part 4i of this Constitution.
· In respect of matters that cross the remits of two or more Strategic Committees, the Chairs of the relevant Committees will agree which Committee will deal with the issue, in consultation with the relevant officer bringing the matter. If the Chair is not available, the Vice-Chair will be consulted. In the case of a conflict, the Corporate Policy and Resources Committee will be responsible for the matter.
· Where a function does not clearly fall within the remit of a Strategic Committee, the Corporate Policy and Resources Committee shall direct which Committee shall deal with the function, or deal with the matter itself.
· This Committee has responsibility for scrutinising matters referred to it by the Strategic Committees or councillors in accordance with the Council’s Call-in Scheme (Part 4b of this Constitution).
Corporate Policy & Resources Committee
Membership
At least 15 members reflecting political balance, comprising the Chairs and Vice-Chairs of the Strategic Committees and with the Leader and Deputy Leader appointed as Chair and Vice-Chair of this Committee.
Functions
The Corporate Policy and Resources Committee exercises any function not delegated to another Committee, an officer or reserved to Council. In particular, it
makes recommendations concerning the Council’s budget to Council. The Committee will also carry out those statutory and non-statutory functions falling within its area of responsibility as set out below. Working within the Budget and Policy framework previously approved by Council, it will set strategic priorities for the services within the Committee’s remit.
Where a function does not clearly fall within the remit of a Strategic Committee, this Committee shall direct which Committee shall deal with the function, or deal with the matter itself.
The Committee will recommend to Council new, or changes in previously approved,
policies that fall within the Policy Framework as set out in Article 4 as well as making joint arrangements or delegating decision making to Chief Officers. However, this does not prevent that Committee from choosing to exercise the function itself.
Areas of responsibility include:
And specifically:
· To make recommendations as appropriate on matters reserved to Council for decision including:
· the Council’s draft annual budget, including the capital and revenue budgets, prudential controls and council tax
· the use of reserves
· the Council’s Community and Corporate Plans
· the Council’s Policy Framework
· To consider periodic budgetary monitoring and variation reports and make any recommendations to the Council as necessary.
· To be responsible for decision making in respect of the Council’s fees and charges and consider recommendations from the other Strategic Committees on fees and charges for services falling within their remit.
· To act as the Council’s shareholder representative on the Knowle Green Estates Board.
· To appoint a shareholder representative for any company set up by Spelthorne Borough Council, from that committee within whose remit the business of the company falls.
· To be responsible for decisions to proceed with asset acquisitions relating directly to Regeneration purposes only.
· To be responsible for decisions to proceed with freehold (or long leasehold) disposal of investment assets and/or commercial assets within the regeneration programme.
· To receive quarterly reports on the Investment Sinking Fund Reserves and to be notified of any change of adverse impact and mitigation measures which are being taken to address.
· To be responsible for the oversight of major programmes and projects within the Capital Programme where the cost of the project as a whole exceeds £1 million.
· To be responsible for decision making in respect of the Council’s services and activities other than those specifically delegated to other Committees or officers.
· To be responsible for decision making where there is a conflict in respect of matters that cross the remits of two or more Strategic Committees.
· To be responsible for decisions to adopt new policies or make changes to previously approved policies, falling outside the Policy Framework, where there are significant budgetary implications.
· To be responsible for decisions on Community Infrastructure Levy (CIL) funds allocation on those proposals related to major infrastructure projects where significantly large sums of monies (approximately £1million or more) are being committed or on schemes which carry a degree of complexity as recommended by the CIL Task Group.
· To consider the Annual report from the Local Government and Social Care Ombudsman and any maladministration findings of the body.
· To make a Compulsory Purchase Order and decide on the level of costs arising up to £1 million.
· To make appointments to outside bodies and charities where the appointment is not reserved to Council for decision.
· To be consulted by other committees on any issues raised relating to the performance and provision of services.
· This Committee has responsibility for scrutinising matters referred to it by the Strategic Committees or councillors in accordance with the Council’s Call-in Procedure Rules (Part 4b of this Constitution).
COMMERCIAL ASSETS SUB-COMMITTEE
Objective
Within the overall policies and strategies set by the Council, to provide leadership, decision making and accountability for the management of the Council's Investment properties and commercial assets within the Council’s regeneration programme.
Membership
A minimum of 4 Members reflecting political balance, with at least 1 member from each political party. An independent member will also be appointed.
Functions
1. Acquisitions relating directly to Regeneration purposes only (acquiring assets for alternative purposes is not covered via the Objectives of this Sub-Committee)
(a) To receive recommendations from officers (where officer/member delegation financial limits are exceeded) as to possible new strategic property acquisitions for regeneration purposes only.
(b) Following (a) above, to give an initial steer on whether to investigate further those potential acquisitions.
(c) Following (b) above and any subsequent reports from officers, to make recommendations to the Corporate Policy & Resources Committee to proceed with acquisitions in accordance with relevant Council procedure rules.
2. Disposals
(a) To receive recommendations from officers (where officer/member delegation financial limits are exceeded) as to the potential freehold (or long leasehold) disposal of investment assets and/or commercial assets within the regeneration programme.
(b) To receive recommendations from officers (where officer/member delegation financial limits are exceeded) as to the potential joint venture initiative involving investments assets and/or commercial assets within the regeneration programme.
(c) Following (a) or (b) above to give an initial steer on whether to investigate further those potential disposals or joint venture initiatives.
(d) Following (c) above and any subsequent reports from officers, to make recommendations to the Corporate Policy & Resources Committee to proceed with the particular freehold (or long leasehold) disposal or joint venture initiative in accordance with the relevant Council procedure rules.
(e) To receive recommendations from officers and approve (or otherwise) any proposals for the granting of a new or reversionary lease at an aggregated rent over the term which exceeds officer delegation levels.
3. Management of Investment Assets and Commercial Assets within the Regeneration Programme
(a) To approve leasehold disposals (lettings) in investment assets (where officer/member delegation financial limits are exceeded.)
(b) To approve dilapidation settlements valued between £101k and £500k and make recommendations to Corporate Policy and Resources Committee for any that exceed £500k.
(c) To approve the change of use of investment assets including recommendations to the Corporate Policy and Resources Committee regarding alternative use or classification of the asset.
(d) To receive monthly update reports on the management of the investment assets in accordance with the adopted Asset Management Strategy, including rental income, potential letting opportunities, pending break option and lease expiries over the next 12-month period, significant assignments and any other estate management issues based on officer recommendations.
(e) To approve the exercise of a break option under the terms of lease of land or property where officer/member delegation financial limits are exceeded.
(f) To approve or agree to the surrender of a lease of land or property where officer/member delegation financial limits are exceeded.
(g) To approve new lettings where the rental income per annum (net of VAT) exceeds £100k.
(i) To receive monthly arrears reports on each individual asset/tenant within the investment portfolio by rent quarters.
(j) To be notified of any potential arrears and issues being faced by individual tenants (including taking decisions on tenant requests to change from quarterly to monthly payments or rent deferment requests) where the rental income exceeds £100,000pa and to be advised of steps being taken by officers to mitigate that risk.
(k) To receive quarterly reports on the Investment Sinking Funds and to be notified of any change of adverse impact and mitigation measures which are being taken to address.
(l) To receive notification of and authorize any non-budgeted capital expenditure or any capital expenditure over £50,000. on the investment portfolio.
(m) To approve, the settlement of rent reviews, lease renewals or lease re-structuring negotiations in respect of the Investment assets where officer/member delegation financial limits are exceeded.
(n) To review, advise on and approve formal reporting of the investment portfolio to CPRC and/or full council to include Asset Investment Strategies, Business Plans, Key Performance Indicators, Risk Registers, and half yearly update reports.
(o) To agree the scope of the annual reporting on the Council’s investment and regeneration portfolios with the Assets Team.
4. Frequency
Monthly day-time meetings. Where meetings are not necessary for lack of business they will be cancelled.
Environment & Sustainability (E&S) Committee
Membership
At least 15 members reflecting political balance.
Functions
This committee has responsibility to carry out those statutory and non-statutory functions falling within its areas of responsibility as set out below. Working within the Budget and Policy framework previously approved by Council, it will set strategic priorities for the services within the Committee’s remit.
Areas of responsibility include:
And specifically:
· To consider and make recommendations on fees and charges in respect of those services falling within the Committee’s areas of responsibility to Corporate Policy and Resources Committee.
· To consider all Community Infrastructure Levy (CIL) funds allocation and determination in all cases, except for those proposals related to major infrastructure projects where significantly large sums of monies are being committed or on schemes which carry a degree of complexity which will be referred for decision to Corporate Policy and Resources Committee, as recommended by the CIL Task Group.
· To scrutinise those aspects of the operation of Heathrow Airport that directly relate to this Committee’s areas of responsibility.
· To establish the Community Infrastructure Levy Working Group with the membership and terms of reference as set out below
· To establish the Climate Change Working Group with the membership and terms of reference as set out below
· To review and scrutinise flood risk management
Working Groups Terms of Reference
Community Infrastructure Levy (CIL) Working Group
1. Remit
The CIL Working Group is a Councillor/Officer group set up to work jointly and collaboratively to advise the appropriate Committee on CIL generally and make recommendations on bids for CIL monies allocated to it by the Borough Council.
The CIL Working Group will assess bids for Strategic CIL funding and will recommend to the Environment & Sustainability (E&S) Committee for approval. Bid assessment will consider a number of factors including project cost, match funding, deliverability, and relevance to the identified infrastructure needs set out in the Infrastructure Delivery Plan (IDP).
In exceptional circumstances the Working Group may recommend bids to the Committee and Corporate Policy and Resource Committee (CPRC) should it be appropriate to do so.
2. Membership of the Working Group
The CIL Working Group comprises:
The Chair of the Working Group will be nominated by the Working Group.
The following Officer representation will apply:
The Working Group will reserve the right to draw in representatives from other Borough, County, and external service areas as required to assist it in its work.
3. Meetings
The Strategic CIL Bidding Round will run between the months of April and June. The Working Group will meet as soon as practical after the close of the Bidding Round to consider applications. Once recommendations have been decided, these will be taken to the appropriate Committee as soon as practical for final decision-making. Where possible, final decisions should be published between September and October.
The Working Group may also meet as required throughout the year to discuss Strategic CIL allocations and to ensure effective and timely allocation of CIL monies.
4. Objectives
The Working Group objectives are:
The Working Group will be responsible for:
5. Output
Regular project progress updates to the E&S Committee on CIL priorities and funding of projects.
Adopted 26 April 2023
Climate Change Working Group
The Spelthorne Climate Change Working Group will consist of 7 members.
The Terms of Reference for the Working Group are:
1. To implement the climate change strategy and action plan agreed in 2022 to deliver our target of carbon neutrality by 2030.
2. To make recommendations to Environment and Sustainability Committee on areas for improvement which can impact on ‘climate change’ and to identify, and make recommendations on, developing new environmental policies where required which will help move the Council and Borough towards carbon neutrality by 2030.
3. To report to c appropriate action plans and targets to deliver the Council’s 2030 target of zero carbon emissions.
4. To monitor progress with delivering the action plans and achieving targets and report on progress to Environment and Sustainability Committee on a quarterly basis.
5. To consider government and wider authorities’ consultation on documents relating to ‘climate change’ and assist Environment and Sustainability Committee in formulating its response.
6. For members of the Working Party to act as ‘climate change’ champions by leading by example and advocating action on climate change. The Council has an important community leadership role to play regarding the ‘climate change’ agenda.
7. To identify areas for further research and invite presentations, workshops and discussions with experts as appropriate to help inform the Council’s policies and action plans.
8. The Climate Change Working Group will consider the best way of engaging with key partners and work closely with the Government, the Environment Agency, Surrey County Council, local businesses, residents and other partners across the county and Borough to meet the target of making the Borough carbon neutral by 2030.
9. To consider and formulate a communication strategy to promote the Council’s activities on climate change.
10. To monitor flood risk and actions to mitigate.
Membership and Proceedings of the Working Group on Climate Change
1. To be a cross party working group
2. The Chair of the Environment and Sustainability Committee or appointee will chair the Group.
3. The Group will appoint its own vice chair from within its membership.
4. The meetings of the Working Group will be internal and confidential to the Council. At the Chair’s discretion, some of the meetings will be open to all members of the Council to attend, particularly those to which outside speakers have been invited, to ensure wide engagement across the organisation.
5. The Working Group, can co-opt an external member to the Group, as required, to deal with, specialist areas. However, it remains the decision of the full Working Group as to what targets are recommended.
6. The Working Group will meet at least 4 weeks before an Environment and Sustainability Committee but potentially more frequently depending on workload and actions required.
7. The Working Group should aim to deliver a consensual view to Environment and Sustainability Committee Where this is not possible it should aim to report fairly on the divergent views of the group. Voting is not considered appropriate or necessary. Proactive and innovative suggestions are encouraged.
8. Liaison and engagement with a wide range of stakeholders is welcomed. The Working Group should seek a wide body of opinion to inform its considerations including exchanging views on pertinent matters and receiving suggestions as to how climate change can be addressed in areas over which Spelthorne Borough Council has limited control or significant influence.
Adopted 27 June 2023
BUSINESS, INFRASTRUCTURE AND GROWTH (BIG) Committee
Membership
At least 11 members reflecting political balance
Functions
This committee has responsibility within the overall policies and strategies set by the Council, to provide leadership, decision making and accountability for the management of the Council's municipal, strategic regeneration (non-income producing) and development asset portfolios.
Also to carry out those statutory and non-statutory functions falling within its areas of responsibility as set out below. Working within the Budget and Policy framework previously approved by Council, it will set strategic priorities for the services within the Committee’s remit.
Areas of Responsibility:
· Business transformation, support and inward investment
· Economic development
· Heathrow liaison
· Infrastructure scrutiny
· Markets
· Tourism
· Town centre viability and regeneration
· Management of the municipal, strategic regeneration (non-income producing) and development asset portfolios as defined in the Asset Management Strategy.
· To be responsible for the management of the strategic regeneration portfolio at such time as those assets are no longer held for income producing purposes.
· To consider and make recommendations to Council on proposals for achieving residential outcomes on assets within the Council’s development portfolio through Joint Venture contracts/programmes, including the transfer of units/schemes to Knowle Green Estates or Registered Providers.
· To consider and make recommendations to Council on the disposal of assets in the development portfolio.
· To consider proposals to change the community use of a municipal asset, subject to inviting members of the Community Wellbeing and Housing Committee to attend any meeting at which the matter is due to be discussed, to make their representations on the proposals.
· To scrutinise and provide observations and comments to the relevant authorities responsible for delivering those infrastructure projects which affect the local economy.
· To scrutinise those aspects of the operation of Heathrow Airport that directly impact this Committee’s areas of responsibility.
Community Wellbeing & Housing (CWH) Committee
Membership
At least 11 members reflecting political balance.
Functions
This committee has responsibility to carry out those statutory and non-statutory functions falling within its areas of responsibility as set out below. Working within the Budget and Policy framework previously approved by Council, it will set strategic priorities for the services within the Committee’s remit.
Areas of Responsibility
· Affordable, social housing and homelessness provision
· Arts and culture strategy
· Asylum seekers and refugees
· Civil Enforcement (JET)
· Community Day Centres
· Community safety and crime & disorder
· Community Transport (Spelride)
· Disabled Facilities Grants
· Environmental Health excluding pollution control and contaminated land
· Family Support
· Home Improvement Agency
· Housing Benefits/Council Tax Support
· Housing Options including allocations
· Housing policies and strategies
· Leisure and sports contracts
· Licensing matters (including HMO licensing) save for those specifically reserved to the Licensing Committee
· Management and maintenance of council owned housing and services to tenants
· Private sector and social housing enforcement including housing conditions
· Public Halls
· Services for older people
· Supported living independently – including meals on wheels
· Voluntary and community sector strategy and liaison
· Workplace Health & Safety enforcement of businesses in the community
And specifically:
· To consider and make recommendations on fees and charges in respect of those services falling within the Committee’s areas of responsibility to Corporate Policy and Resources Committee.
· To establish the Grants Panel with membership and terms of reference as set out below.
· To make decisions on grants funding to organisations in the voluntary and community sector
· To receive periodic reports from Spelthorne Healthy Communities Board on funding decisions. The Board’s membership and terms of reference are set out below for completeness.
· To exercise the Council’s statutory scrutiny responsibilities arising under the Police and Justice Act 2006 in relation to crime and disorder.
Spelthorne Healthy Communities Board
1. Purpose
The purpose of the group is to improve the Health and Wellbeing in Spelthorne. The group will discuss and determine the Health & Wellbeing priorities for Spelthorne with targets and performance reviews outlined in the Spelthorne Health & Wellbeing Strategy. The group will raise awareness and communicate Health & Wellbeing information in Spelthorne and will provide an annual report to the joint committee of Spelthorne Borough Council and Surrey County Council.
2. Membership
We will invite representatives from the following organisations:
(a) Spelthorne Borough Council including the Chair of the Community Wellbeing and Housing Committee and Group Head for Community Wellbeing, and representatives from relevant Council departments
(b) Surrey County Council representatives including Adult Social Care and
Children’s Services. A SCC councillor who is appointed by Joint Committee at the start of each municipal year.
(c) Voluntary organisations such as Voluntary Support North Surrey, Action for Carers and Catalyst
(d) A representative from North West Surrey Clinical Commissioning Group
(e) A representative from one of the third sector community care borough wide forums or groups (for, children with disabilities, older people and adults with physical and sensory disabilities–Appendix 1) or a suitable representative from the community.
(f) Other members from relevant organisations will be invited where appropriate and dependant on topical projects. These may include Surrey and Borders Partnership NHS Foundation Trust, or Ashford & St Peter’s Hospital’s NHS Trust
Members commit to attending meetings or to ensure that they send a
representative at an appropriate level if they are unable to attend a meeting.
3.Terms of Reference
The responsibilities of the Health and Wellbeing Group are:
(a) To oversee progress towards the Spelthorne priorities as outlined in the
Spelthorne Health & Wellbeing Strategy and to identify any new priorities that should be addressed. The group will provide periodic reports to the Community Wellbeing and Housing Committee.
(b) To develop an action plan for the Health and Wellbeing Strategy outlining clear targets; to be monitored quarterly and reviewed annually. Produce criteria to enable performance as red/amber/green.
(c) To consider any issues raised by members of the group or the wider community and to determine what needs to be done to resolve these issues.
(d) To provide an opportunity for the sharing of relevant information between
agencies.
(e) To link to other local, partnership groups as appropriate
(These responsibilities are underpinned by a statement of principles on equalities (shown in Appendix 2) to ensure that the work of the group pays due regard to issues of discrimination, equality of opportunity and the promotion of good relations between people from different backgrounds.
Grants Panel
1. Purpose of the Panel
The Grants Panel provides an opportunity for people with specialist skills and knowledge to contribute to the development of the community, voluntary and faith sector by granting annual and one-off funding.
The Grants Panel Advisory Panel is designed to ensure that Spelthorne Borough Council meets the highest standards when considering applications and awarding grants and consistently supports those organisations which help to deliver the Council’s corporate priorities and enhance the quality of life in the Borough.
It will:
a) assess grant applications and make recommendations to the Community Wellbeing and Housing Committee (CWHC) as to whether they should be funded.
b) maintain an overview of the reach of Spelthorne Council’s grant-making and suggest ways in which any gaps might be addressed
c) Review the performance of grant recipients on an annual basis where a Service Level Agreement is in place
d) Signpost applicants to alternative sources of funding
e) Co-ordinate regular events to promote funders and grant sources to the CVS sector.
2. Terms of Reference
The Terms of Reference for the Grants Panel are:
a) A minimum of 3 elected members and three Spelthorne Council officers with relevant skills or knowledge will comprise the panel
b) These will be appointed to the panel by being proposed and seconded by existing panel members and following a vote of existing members. Members should be nominated on the basis of specific skills that they will bring to the panel.
c) a quorum shall be four members
d) the chair must be an elected member and will be elected by majority vote
e) Councillors on the Panel will be asked to register/declare any interests before considering the applications and making any recommendations.
f) all decisions will be made by a majority vote and in instances of there being no majority, the chair will gain the power to make one casting vote
g) the Panel will meet at least once a year, though “virtual” meetings may be held via telephone or email exchange at any time. The quorum and voting rules will still apply and, normally, at least 5 working days will be allowed from the start to the conclusion of such meetings, in order to allow an adequate opportunity for all Panel members to take part.
h) Panel members will be expected to attend at least 50% of “physical” meetings. Members missing three consecutive meetings without giving good reason may be deemed to have resigned and their position may be filled
i) the Panel may invite anyone to attend a meeting(s) to give specialist input
j) the annual revenue grants process will be the subject of a report to CWHC and acceptance by Full Council at its annual budget-setting meeting
POLICE AND CRIME COMMISSIONER’S PANEL
Membership
The Panel is a joint committee, made up of both appointed and co-opted members. All county, district and borough councillors are eligible to be Panel members.
In Surrey, there are 12 appointed members equating to the 12 councils. One councillor from Spelthorne Borough Council (appointed annually by Council) is a member of the Panel. In addition, there must be at least 2 co-opted members on the Panel (co-opted by the Panel itself, not the constituent councils) but the size of the Panel must not exceed 20 members in total. Surrey County Council is the lead authority administering the work of the Panel.
Functions
The Panel is established as an Overview and Scrutiny body and therefore has the legal powers to:
· Require any papers in the Police and Crime Commissioner’s (PCC) possession (except those that are operationally sensitive).
· Require the PCC (and their staff) to attend the Panel to answer questions.
· Request the Chief Constable attends to answer questions where the PCC has been required to appear before the Panel.
· Make reports and recommendations on any action or decision of the Commissioner.
The Police Reform and Social Responsibility Act 2011 details the functions that the Panel exercises as follows:
· Review the draft police and crime plan, or draft variation, given to the Panel by the PCC and make a report or recommendations on the draft plan or variation to the PCC.
· Review the PCC’s annual report and make a report or recommendations on the report to the PCC.
· Review or scrutinise decisions made or other action taken by the PCC in connection with the discharge of the PCC’s functions.
· Publish any report and recommendations made to the PCC.
· Review certain senior appointments made by the PCC.
· Review Chief Constable appointments, with the power to veto the appointment with a two-thirds majority.
· Review and report on the PCC’s proposals to remove a Chief Constable.
· Review the PCC’s level of precept, with the power to veto the proposed precept with a two-thirds majority.
· Suspend the PCC if they are charged with certain criminal offences.
· Appoint an acting PCC if necessary.
· Initial handling and informal resolution of complaints about the conduct of the PCC or their Deputy.
REGULATORY COMMITTEES
(7 councillors reflecting political balance and one independent non-voting member)
1. To 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:
· To approve (but not direct) the internal audit’s strategy plan and performance.
· To approve risk related Policies that are not reserved to Council.
· To receive an annual report on RIPA (Regulation of Investigatory Powers Act) activity.
· To review summary internal audit reports and the main issues arising and to seek assurance that action has been taken where necessary.
· To consider the reports of external audit and inspection agencies.
· To consider the effectiveness of the authority’s risk management arrangements, the control environment and associated anti-fraud, bribery and anti-corruption arrangements.
· Seek assurances that action is being taken on risk related issues identified by auditors and inspectors.
· To be satisfied that the authority’s assurance statements, including the Annual Governance Statement, properly reflect the risk environment and to take actions required to improve it.
· To ensure that there are effective relationships between external and internal audit, inspection agencies and other relevant bodies, and that the value of the audit process is actively promoted.
· To review the financial statements, external auditors’ opinion and reports to councillors, and monitor management action in response to the issues raised by external audit.
LICENSING COMMITTEE
Membership
13 members reflecting political balance
Each Member of the committee is required to: complete in full an Induction
Programme, undertake regular training including the legislation governing hearings under the Licensing Act 2003, the Gambling Act 2005 and in relation to hackney carriages and private hire; and attend development updates in relation to the licensing function. Any Member not undertaking these training activities will be unable to serve on the Licensing Sub-Committee until such time that the full training requirement has been met.
Functions
1. Subject to staff delegations, In relation to the Licensing Act 2003:
a. The determination of an application for a premises licence where relevant representations have been made and not withdrawn;
b. The determination of an application for a club premises certificate where relevant representations have been made and not withdrawn;
c. The determination of an application for a provisional statement where relevant representations have been made and not withdrawn;
d. The determination of an application for variation (excluding Minor Variations) of a premises licence/club premises certificates where relevant representations have been made and not withdrawn;
e. The determination of an application to vary the designated premises supervisor following objections from a Responsible Authority;
f. The determination of an application for the transfer of a premises licence following objections from a Responsible Authority;
g. Consideration of an objection from a Responsible Authority made to an interim authority notice;
h. The decision to give counter notice following objections from a Responsible Authority to a temporary event order;
i. The determination of an application for the grant of a personal licence following objections from the Responsible Authority;
j. The determination of an application for a review of a premises licence.
2. In relation to the Gambling Act 2005:
a. The determination of an application for a licence where relevant representations have been made and not withdrawn;
b. The determination of an application for a variation of a licence where relevant representations have been made and not withdrawn;
c. The determination of an application for the transfer of a licence where relevant representations have been received from the Gambling Commission;
d. The determination of an application for a provisional statement where relevant representations have been received and not withdrawn;
e. The determination of an application for a review of a licence;
f. The determination of an application for club gaming / club machine permits where objections have been made and not withdrawn;
g. The cancellation of club gaming / club machine permits where relevant representations have been received and not withdrawn;
h. The decision to give a counter notice to a temporary use notice.
3. In relation to Part II Schedule 3 of the Local Government (Miscellaneous Provision) Act 1982:
a. To grant or refuse applications for the grant, renewal or transfer of licences for sex establishments;
b. To grant or refuse applications for variations;
c. To attach such terms, conditions and restrictions to licences as is seen necessary and appropriate;
d. To revoke licences
e. To determine whether a charge should be made and where applicable, the level of such fees and charges for the issue, approval, consent, licence or permit, or other registration pursuant to powers set out in the Local Government (Miscellaneous Provisions) Act 1982.
4. In relation to taxi and private hire licensing:
a. the adoption of all policies relating to taxi and private hire licensing.
b. In relation to the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847 to revoke, refuse, to grant or renew, hackney carriage and private hire drivers and operators licences in circumstances where staff consider it appropriate to refer the matter to the Committee or Sub-Committee;
d. To determine applications for the revision of the taxi fare tariff pursuant to section 65 of the Local Government (Miscellaneous Provisions) Act 1976.
5. The passing of a resolution that the schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area.
6. To adopt, monitor and review relevant Council policies and strategies, where they do not require a Council decision under the Policy Framework at Article 4 of this Constitution.
7. To review and scrutinise service delivery and in particular ensuring that best value in service delivery is being obtained for the community.
All members of
the Licensing Committee may serve on a Sub-Committee and delegated
authority is given to the Monitoring Officer, in consultation with
the Chairman of the Licensing Committee, to select members to serve
on a Sub-Committee on a case by case basis.
PLANNING COMMITTEE
Membership
15 councillors reflecting political balance
Members must attend Development Control training at least annually. New Members must attend induction training on an introduction to Planning and Decision Making, and Appeals/Costs, as a minimum, before they can sit on the Committee. Members of the Committee are expected to attend all further training sessions provided on the Planning regime. Any Member not undertaking these training activities will be unable to serve on the Committee until such time that the minimum training requirement has been met.
Functions
Subject to staff delegations, any applications for planning permission under Part III of the Town and Country Planning Act 1990 to which any of the following below apply AND subject to no decisions being issued within 21 days of the application’s appearance on the Publicity Schedule;
1 Where councillor representations are received in writing within the specified “call in” period within the approved scheme.
2 Where the Planning Development Manager decides, after consultation with the Chairman of the Planning Committee, that an application should be submitted to the Planning Committee on planning grounds, or where there is significant public concern or where it is very contentious.
3 Where the application is submitted by the Council or by the Council with another person (individual or corporate).
4 Where the application is submitted by an officer of the Council (which shall also include applications for lawful development under Part VI of the 1990 Act).
5 Where an application is submitted by a councillor (which shall also include applications for lawful development under Part VI of the 1990 Act).
6 Approval of over 9 (nine) net additional residential units by new build (minor application).
7 Approval of over 1,000m2 net additional floor space by new build (major application)
8 Recommendation of no objection for over 1,000m2 net additional building floor space or 1 hectare net additional land area in connection with new Surrey County Council minerals and waste applications (gravel extraction/restoration).
9 Recommendation of no objection for extension of time limits for Surrey County Council minerals and waste applications where the net additional land area is over 5000m2.
10 Powers under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 (as revised or amended)
11 For the local listing of any building
STANDARDS COMMITTEE
Membership
9 councillors reflecting political balance + 2 Independent non-voting Members
Functions
Promoting the maintenance of high standards of conduct by councillors and any co-opted members of the Council.
In addition to the broad functions of the Committee set out in Article 8 it is also delegated to undertake the following work on behalf of the Council:
· to devise such further protocols and procedures as are necessary for the efficient management of complaints which have to be considered by a hearings panel;
· to consult with the Independent Person on any matters which have broad implications for the promotion of high standards by the Council;
· to make recommendations to Council on standing orders for the registration and declaration of Disclosable Pecuniary Interests and other interests; and,
· to make recommendations to Council on any revisions to the Members’ Code of Conduct and the registration of interests.
· to consider any issues referred by the Monitoring Officer under the Disclosure and Barring Service Checks for Members Protocol (Part 5m).
· to establish the Committee System Working Group with the Terms of Reference set out below.
· to monitor and review the operation of the Constitution in accordance with Article 13.
· to promote, manage and agree a programme of member development.
· require the Member to apologise either privately or in public;
· require the Member to attend training;
· censure the Member;
· send a report to Council to censure the Member;
· require the Monitoring Officer to publish a report in the newspaper or on the Council’s website about the councillor’s conduct;
· withdraw privileges provided by the Council such as computer equipment, internet or email access;
· recommend to the councillor’s group leader that the councillor be removed from a Committee, or an outside body (as appropriate); or,
· a combination of any of the above.
Working Groups’ Terms of Reference
Committee System Working Group
Membership
The membership to comprise one councillor from each political group and any non-aligned members.
Responsibilities
Monitoring of objectives
To consider whether the system is meeting the Council’s objectives. To recommend any amendments to the system to the Standards Committee where such is required to meet those objectives.
Recommendation of amendments
To consider whether any adjustments or amendments are required to ensure the smooth operation of the system and to make recommendations to the Standards Committee where required.
Decision Making
This working group has no formal decision-making powers. Any matters which require a Councillor decision will require a report to the Standards Committee for their decision.
Appointments and APPEALS COMMITTEE
Membership
5 members reflecting political balance. The members of this Committee may not also sit on the Investigating and Disciplinary Committee in respect of the same matter.
In undertaking the annual appraisal of the Chief Executive, a minimum of three councillors from at least two different political parties must attend.
Functions
This committee has responsibility for the following functions of the Council:
· To make a recommendation to Council on the appointment of the Head of Paid Service (Chief Executive).
· To consider and determine the overall scheme and policies in relation to terms and conditions relating to the role of Head of Paid Service.
· To undertake the annual appraisal of the Chief Executive in accordance with the agreed Chief Executive Appraisal Procedure.
· To appoint other Chief Officers and Deputies as defined in Article 10.1, and in accordance with the Officer Employment Procedure Rules at Part 4(f) of this Constitution.
· To make a recommendation to Council on the designation of the Monitoring Officer and the Chief Finance Officer.
· To make a recommendation to Council on the appointment of the Independent Audit member.
Note: for the avoidance of doubt, Chief Officers and Deputy Chief Officers are posts at or above salary level Group Head.
· To hear appeals against action taken short of dismissal in relation to the Council’s chief officers in accordance with the Local Authorities (Standing Orders) (England) Regulations 2001 (as amended by the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015) and conduct any further investigation it considers necessary to reach a decision either to confirm the action or to award no sanction or a lesser sanction.
investigating and disciplinary COMMITTEE
Membership
Responsibilities
1. To conduct an initial assessment of allegations against the Chief Executive, Chief Finance Officer or Monitoring Officer (together known as Statutory Officers), relating to (i) conduct, (ii) capability or (iii) some other substantial issue that requires investigation.
2. To consider whether it is appropriate to suspend a Statutory Officer if an allegation is such that if proven it would amount to gross misconduct or if the continuing presence at work of the Statutory Officer might compromise the investigation or impair the efficient exercise of the council’s functions.
3. If an exceptional situation arises whereby allegations of misconduct by the Statutory Officer are such that their remaining presence at work poses a serious risk to the health and safety of others or the resources, information or reputation of the authority, the following may suspend the Statutory Officer immediately, in an emergency:
· In relation to serious allegations of misconduct against the Chief Executive, the Monitoring Officer and Chief Finance Officer jointly in consultation with the Chair of this Committee or
· In relation to serious allegations of misconduct against the Monitoring Officer or Chief Finance Officer, the Chief Executive in consultation with the Chair of this Committee.
4. To agree or authorise any protocols which are necessary to manage the suspension of the Statutory Officer and the investigation.
5. To review the suspension of the Statutory Officer after a period of two months has elapsed.
6. To determine whether a detailed investigation of an allegation against the Statutory Officer relating to (i) conduct, (ii) capability or (iii) some other substantial issue is needed.
7. To appoint an Independent Investigator selected from the list maintained by the National Joint Secretaries, providing the necessary facilities, paying the remuneration and providing all available information about the allegations.
8. To consider the report of the Independent Investigator, and also give the Statutory Officer the opportunity to state their case and to question witnesses, where relevant, before making a decision.
9. To decide and issue sanctions short of dismissal for a Statutory Officer.
10. To receive advice from the Independent Panel in the event dismissal of a Statutory Officer is being considered.
11. Subject to receiving advice from the Independent Panel, to make any recommendations to Council for dismissal of a Statutory Officer.
INDEPENDENT PANEL
Membership
A Panel shall comprise of independent persons (at least two in number) who have been appointed by the Council, or by another Council, for the purposes of the council members’ conduct regime under section 28(7) of the Localism Act 2011.
Invitations for membership of the Panel shall be issued in accordance with the following priority order, as and when the Panel is required to sit:
(a) an independent person who has been appointed by the Council and who is a local government elector in the authority’s area
(b) any other independent person who has been appointed by the Council and
(c) an independent person who has been appointed by another council or councils
Functions
1. In a case where the Investigating and Disciplinary Committee (IDC) is proposing dismissal of a Statutory Officer:
· to receive any oral representations from the Statutory Officer
· to invite any response on behalf of the IDC to the points made
· to review the decision and prepare a report for Council offering any advice, views or recommendations it may have to the council on the proposal for dismissal
Appropriate training should be provided for Independent Panel members.
Members of an Independent Panel may claim out of pocket expenses in relation to their work on the Panel.