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Constitution - Scheme of Officer Delegations

Part 3 - Responsibility for Functions

• Section 1 - Responsibility for Local Choice Functions
• Section 2 - Responsibility for Council functions (including terms of reference for Council and its Committees)
• Section 3 - Responsibility for Executive functions (including terms of reference for the Executive, individual Executive Members and Panels)
• Section 4 - Joint Arrangements with other Local Authorities
• Section 5 - Advisory Groups to the Executive
• Section 6 - List of non executive functions
• Section 7 - Executive portfolios
• Section 8 - Membership of the Executive/Committees/Panels/Forums
• Section 9 - Appointments to Outside Bodies/Organisations and School Governing Bodies
• Section 10 - Scheme of Officer Delegations

Scheme of Officer Delegations 

(Agreed by Council 26th March 2009)

Introduction

This scheme has been adopted by Swale Borough Council and its Executive and is the list of delegations to officers under section 101 of the Local Government Act 1972 (as amended), section 15 of the Local Government Act 2000 and all other powers enabling delegations to officers.

The delegations which follow are subject to the overriding responsibility of the Chief Executive to ensure the efficient management and execution of the Council's functions and implementation of its policies. The purpose of the delegations is to lead to a streamlining of the processes of the Council and as such should be interpreted widely rather than narrowly.

The exercise of any delegated power is subject to the overriding requirement to ensure that the financial effect of the delegation will fall within an approved budget.

So far as the delegations relate to powers which arise by virtue of agency agreements they are subject also to any qualifications contained in the respective agreements.

Reference in these delegations to any Statute, Statutory Instrument or Regulation made thereunder shall be deemed to include any statutory re-enactment or modification thereof and any Order or Regulation made thereunder.

Except where specific provision is made by legislation or by resolution of the Council, the Heads of Service are appointed to be the proper officers in respect of any legislation falling within the scope of their respective services.

All Directors and Heads of Service shall designate an appropriate responsible officer to deputise during his/her absence or indisposition.

The delegated powers held by an officer may be exercised by the line manager of that officer, and any Director or Head of Service may authorise other responsible officers (who have the relevant skills and knowledge) to act on their behalf, provided that there is a written record of such authorisation. A central record will be kept.

Where an officer has delegated authority to discharge functions by virtue of any other provision of this Constitution or through a specific decision of the council, a committee, a sub-committee or the Executive, either before or after the adoption of this scheme, the absence of the delegation from this scheme shall not prevent the exercise of the delegation.

There is an assumption that in the exercise of delegations by Directors and Heads of Service, the appropriate portfolio holder is involved in sensitive and significant matters.

Delegations to the Chief Executive

General

1. To be and carry out the duties of Head of Paid Service.
2. To nominate a deputy who may exercise the Chief Executive’s powers in the absence or incapacity of the Chief Executive.
3. To discharge any function of Council not specifically delegated to another officer.
4. To exercise any of the powers delegated to any other officer, including Directors.
5. To bring forward proposals for restructuring of the Council.
6. Health and Safety.
   • Emergency Measures
7. To be authorised in response to a serious emergency/disaster situation within the Borough to commit staff and resources until such time as the Emergency Committee can meet.
8. To discharge the Council’s duties under Civil Contingencies Act 2004.
9. Authority to take any urgent action between meetings in consultation with the Leader or Deputy Leader, on matters which are outside the scope of powers expressly delegated to any Director or Head of Service.
   • Crime and Disorder
10. To consult with other agencies and with the Chairman of the Crime and Disorder Partnership and Ward Members and to take such action as may be necessary to secure the proper implementation of Orders under the Crime and Disorder Act 1998, or any amendment or re-enactment thereof.
11. To authorise Officers to undertake surveillance under the Regulation of Investigatory Powers Act 2000 including cases where it is likely that knowledge of confidential information will be acquired.
    • Complaints
12. To deal with issues relating to the Commission for Local Administration (Complaints to the Local Government Ombudsman).
13. To make maladministration payments in consultation with the leader of the Council.
    • Elections
14. To be the Electoral Registration Officer.
15. To be the Returning Officer.
16. To discharge the Councils functions regarding Parliamentary, Local Government and European Elections and Referendum.
17. To make an order under section 91 of the Local Government Act 1972 to appoint temporary members to Parish Councils.
    • Miscellaneous
18. To take preliminary steps to protect the rights and interests of the Council relating to any White Paper, Bill of Statutory Instrument or Order in Parliament.
19. Authority to reallocate the delegations to different Directors/Heads of Service as and when required.
20. To determine arrangements for civic hospitality and transport in consultation with the Leader of the Council.
21. To authorise approval of conference attendance for Members appointed to outside bodies or in connection with their Council responsibilities in consultation with the Leader of the Council.

Delegation to Each Director

1. Authority to write off any irrecoverable debt not delegated to the Head of Finance and Head of IT and Customer Services in accordance with the financial standing orders.
2. To write off surplus goods or equipment which are not economically viable to sell.
3. To award contracts for amounts not exceeding the level set out in contract standing orders, on the basis of the quote or tender which represents best value for money to the Council and not on the basis of lowest price. However if it is not proposed to accept the lowest tender, the Director should agree this with the relevant portfolio holder.
4. On receipt of a detailed report from the relevant Head of Service to approve virement on the approved budget of a cost centre subject to the limitations outlined in the Financial Standing Orders.
5. In consultation with the relevant portfolio holder, to authorise waivers to competitive tendering process for the amounts not exceeding the limit set out in Contract Standing Orders.
6. In consultation with the relevant portfolio holder, to authorise the extension of contracts for amounts not exceeding the limit set out in Contract Standing Orders.
7. Authority to appoint staff within the approved establishment.
8. Authority to authorise Occasional or Regular Car User Allowances in accordance with the Council's Conditions of Service.
9. Authority to determine requests for honoraria within their directorate.
10. To issue requisitions for information under section 16 of the Local Government (Miscellaneous Provisions) Act 1976.

Delegations to the Corporate Services Director

1. To be and carry out the duties of the Monitoring Officer in accordance with Section 5 of the Local Government and Housing Act 1989, the Local Government Act 2000 and any other enactments and the Council's Constitution, and to nominate a member of staff to deputise as Monitoring Officer.
2. To be the “proper officer” for the functions designated to the Proper Officer under the Local Government Act 1972; Representation of the People Act 1983; Local Elections (Parishes and Communities) Rules 1986; Local Government and Housing Act 1989.
3. To authorise Officers to undertake surveillance under the Regulation of Investigatory Powers Act 2000 including cases where it is likely that knowledge of confidential information will be acquired.
4. To give consent to the exercise by police of powers to disperse groups of young persons under Part 5 of the Anti Social Behaviour Act 2003.
5. To deal with issues relating to the Commission for Local Administration (Complaints to the Local Government Ombudsman).
6. To maintain a record of notices of personal and prejudicial and personal and non prejudicial interests by any Councillor or Officer and to maintain the register of Councillor's interests and declarations.
7. To report to Council on any requests to approve extended absence of Councillors from any meetings, and the declaration of vacancies of any seats of the Council.
8. To consider and determine applications from Parish and Town Councillors in respect of declarations of prejudicial interests under section 94 of the Local Government Act 1972.
9. To record, hold and administer civic gifts.
10. To provide information to the public and Councillors about the decision making process and individual decisions.
11. To maintain the record of officer delegations.
12. To make any necessary updates to the constitution (as required by law) where there is no discretion.

Delegations to Heads of Service

1. Authority to approve staffing structures within existing budgets.
2. Authorisation to approve the payment of overtime to members of staff in accordance with the Council's Conditions of Service or the appropriate negotiated conditions within their department.
3. To sign any document needed to implement a decision by or in the name of the Council that is within the scope of the powers delegated to.
4. Authority to authorise staff to enter land or premises.
5. To serve statutory notices and arrange for works in default.
6. Authority to spend in accordance with the financial standing orders. This includes authority to award contracts that are within the approved budget for the current financial year, having gone through the tendering procedures as set out in contract standing orders.
7. Authority to implement new and existing legislation.

Delegations to the Head of Legal

General

1. Authority to sign, or, where necessary, seal, any document needed to implement a decision taken by, or in the name of, the Council, and to authorise other officers to do so.
2. To act as Solicitor to the Council and carry out all contentious and noncontentious work on behalf of the Council.
3. To exercise responsibility for Local Land Charges.
4. To institute, conduct, prosecute and defend any legal proceedings on behalf of the Council including cases where the Council considers it expedient for the protection or the promotion of the interests of the inhabitants of the Council's area.
5. To settle, if appropriate, and in the interests of the Council any actual or threatened legal proceedings.
6. To ensure with regard to 4 and 5 above that the early involvement of the Council's External Auditor be sought where appropriate in cases of an unusual and significant nature and that an information report be presented thereafter at the earliest opportunity to the Executive.
7. To instruct Counsel and professional advisors as appropriate.
8. To give undertakings and indemnities on behalf of the Council.
9. Under Section 223 of the Local Government Act 1972 to authorise Officers who are not admitted solicitors to appear in Magistrates' Courts on behalf of the Council.
10.  Determine procedural arrangements for the issue of all consents, refusals, decisions and notices on behalf of the Council.
11. To accept on behalf of the Council the service of notices, orders and legal procedures.
12. To publish and maintain the Council's Constitution with authority to make minor textual changes and amendments to Officer Delegations to take account of changes in legislation.
    • Licensing
13. To carry out all licensing functions in respect of:
    
    1. • Tables and chairs (section 119 of the Highways Act 1990).
       • Street trading in licensed streets (the Local Government (Miscellaneous Provisions) Act 1982).
       • Premises, club premises, personal licences, provisional statement,
       • Designated Premises Supervisor, Temporary Event Notices in accordance with the Council's Licensing Policy and the Licensing Act 2003.
       • Premises, provisional statement, Temporary Use Notices, Game Machine
       • Permits, Lotteries, Prize Gaming Permits, acting as the Responsible
       • Authority and instituting proceedings for non compliance in accordance with the Council's Gambling Policy and the Gambling Act 2005.
       • Street collections (section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916 (as amended).
       • House to House collections (section 2 of the House to House Collections Act 1939 (as amended).
       • Sex establishments (Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.
    • Hackney Carriage and Private Hire
14. To undertake all functions regarding Hackney Carriage and Private Hire Vehicles in accordance with the relevant provisions of the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976.
    • Land and Property
15. To dispose of any land or any interest in land in accordance with the law.
16. To acquire properties which the Council is under a legal obligation to acquire under planning legislation.
17. To complete all property transactions and contractual arrangements.
18. To make and carry out the statutory notifications and advertisement procedure in relation to Footpath Orders, in accordance with S257 of the Town and Country Planning Act, and where there are no objections, or any objections made are withdrawn, to confirm the Order.
    • Miscellaneous
19. To administer the members allowance scheme.
20. To be Data Protection and Freedom of Information Officer and to maintain the Records Retention Scheme and Publication Scheme in respect of the Freedom of Information Act 2000.
21. Implement provisions of Environmental Information Regulations 1995.

Delegations to the Heaf of Organisational Development

General

1. To operate the Severance Policy with any redundancies or business cases for enhancements being approved by the appropriate Director or Chief Executive, and signed off by the appropriate Executive Member.
2. Enter into agreements with trade unions where implementation does not increase expenditure.
3. Enter into agreements with staff for the purpose of regulating work time.
4. Assimilate staff on appointment, promotion or re-grading.
5. Grant removal expenses and lodging allowances in accordance with any scheme approved by the Council.
6. Determination of requests for provision of temporary accommodation for employees.
7. To make changes in accordance with legal requirements to HR policies following informal consultation with staff and the agreement of the Executive Member for Performance and Finance.
8. To approve the granting of a car to an Officer under the Council's car leasing scheme and to determine the payment due from the Officer, if any, under the said scheme.
   • Training
9. Grant financial assistance for post entry training.
10. Determination of proposals to attend corporate and service training courses.
11. Determination of proposals for the retention of fees for trainers.

Delegations to the Head of Policy

1. To produce and publish official guide books and other publicity and information material.
2. To control and coordinate press and media relations.
3. To issue press statements and where appropriate, following discussion with the relevant portfolio holder.
4. To control and coordinate corporate consultation.

Delegations to the Head of Finance

1. To be the Chief Finance Officer and be responsible for the administration of the financial affairs of the council under section 151 of the Local Government Act 1972 (as amended); to exercise the duties of the Chief Finance Officer under section 114 of the Local Government Finance Act 1988; and to discharge functions under the Accounts and Audit Regulations 2003 (with the exception of Regulation 8(2)).
2. To deal with matters specified by Financial Regulations.
3. Negotiate with the external auditor on the level and type of audit resources required to carry out the statutory and management audit requirements of the Council.
4. To write off any irrecoverable debt in accordance with the Financial Standing Orders, and the information to be kept in a register.
5. To estimate any collection fund surplus or deficit and to subsequently notify the major precepting authority.
6. To implement all negotiated salary or wage awards where no exercise of a discretion is involved.
7. Administer staff benefits and expenses and review rates annually.
8. To make loans to Officers for car purchase and to keep a register of these loans.
9. To enter into leasing agreements to lease assets for use by the Council as approved by the Capital Programme or Executive.
10. To arrange and review insurance in accordance with the Council’s Policy.
11. To pay salaries, wages, pensions and insurance contributions without reference to Members.
12. To make payments in respect of members allowances and expenses under sections 173 to 178 of the Local Government Act 1972, and to keep a register of such payments.
13. To raise loans and make investments as and when required.
14. To operate the Council’s bank accounts.
15. Authorise financial leases in accordance with approved capital financing arrangements.
16. Make arrangements for the collection of income due to the Council.
17. Sign all necessary claim forms in respect of any grants or other funds payable to the Council.
18. To set the Council Tax Base.
19. To publish in a local news paper, within 21 days, notice of the amount of Council Tax set by the authority in accordance with section 38 Local Government Finance Act 1992.
20. Exercise responsibility for the accounting arrangements for the operation of the collection fund in connection with the administration of Council Tax and Non-Domestic Rate.
21. Authorise Statutory Returns in connection with Council Tax and Council Tax Benefit, Non-Domestic Rate and Discretionary Housing Payments.
22. Authorise Statutory subsidy calculations and returns in connection with the administration of Housing Benefit.
23. Determine and declare local average interest rates in accordance with legislation and the interest rate for loans to housing associations.
24. Issue, renew or repay temporary loans.
25. Administer matters in respect of mortgages granted by the Council.
26. Authorise the premature repayment of mortgages issued by the Council.
27. Provide financial services either on an agency basis or where required by statute.
28. Authorise persons to act for the Council at company and creditor meetings.
29. Where appropriate to elect for VAT status on particular land or property.
30. To authorise Officers to undertake surveillance under the Regulation of Investigatory Powers Act 2000, excluding cases where it is likely that knowledge of confidential information will be acquired.

Delegations to the Head of Audit

1. To authorise Officers to undertake surveillance under the Regulation of Investigatory Powers Act 2000, excluding cases where it is likely that knowledge of confidential information will be acquired.

Delegations to the Head of IT and Customer Service

Council Tax and Non-Domestic Rates

1. To exercise all of the Council’s powers and duties to bill, administer and collect the Council Tax, Non Domestic Rates and outstanding Community Charge.
2. Pursuant to Section 101 of the Local Government Act 1972 to issue enforcement proceedings including making complaints on behalf of the Swale Borough Council in the Magistrates Court under the following Regulations: -
   • The Community Charges (Administration and Enforcement) Regulations 1989.
   • The Community Charges (Administration and Enforcement) (Amendment) Regulations 1989.
   • Community Charges (Co-Owners) Regulations 1990 (as amended).
   • Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (as amended).
   • Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (as amended).
   • Any other further regulations issued by the Secretary of State for the Environment under the Local Government Finance Act 1988 (Schedule 9).
   • The Council Tax (Administration and Enforcement) Regulations 1992 (as amended).
   • Any further regulations issued by the Secretary of State for the Environment under the Local Government Finance Act 1992 (Schedule 4).
3. To appear on behalf of the Council at a Valuation Tribunal.
4. To consider applications for non-domestic rate relief from charitable and other organisations pursuant to sections 43 and 47 of the Local Government Finance Act 1988.
5. To consider applications for the reduction and remission of rates pursuant to section 49 of the Local Government Finance Act 1988.
   • Housing and Council Tax Benefit
6. To exercise all of the Council’s powers and responsibilities for Housing and Council Tax Benefits, including the payment if benefits and the determination of discretionary payments.
7. To administer rent rebates for Local Authority tenants and rent allowances for Private/Housing pursuant to section 134 of the Social Security Administration Act 1992 (as amended).
   • Miscellaneous
8. To write off any irrecoverable debt in respect of Council Tax, Non Domestic Rates and Housing Benefit Overpayments in accordance with the Financial Standing Orders and the information to be kept in a register.
9. To authorise Officers to undertake surveillance under the Regulation of Investigatory Powers Act 2000, excluding cases where it is likely that knowledge of confidential information will be acquired.

Delegations to the Head of Environment and Amenities

General

1. To discharge the Council’s responsibilities with regard to statutory nuisances.
2. To monitor consumer protection services, including the enforcement of food and other related legislation and to liaise with other authorities providing complementary services.
3. To discharge the Council’s functions in relation to litter, pest control, street cleansing and public conveniences.
4. To administer all Port Health matters and monitor and enforce all other matters of public health and environmental health.
   • Health and Safety
5. To appoint inspectors under the Health and Safety at Work etc. Act 1974, and to implement and enforce the provisions of the Act and any others referred to therein, together with any Health and Safety Regulations.
   • Food
6. To implement the provisions of the Food and Environment Protection Act 1985, the Control of Pesticides Regulations 1986 and of the Food Safety Act 1990 and any Orders or Regulations made thereunder.
   • Animals
7. To enforce the provisions of the following Acts in relation to the welfare of animals:
   • Performing Animals (Regulation) Act 1925.
   • Pet Animals Act 1951.
   • Animal Boarding Establishments Act 1963.
   • Breeding of Dogs Act 1973.
   • Riding Establishments Act 1964 and 1970.
   • Dangerous Wild Animals Act 1976.
   • Zoo Licensing Act 1981.
   • Animal Welfare Act 2006.
   • Dogs Act 1871 and Dangerous Dogs Act 1991.
   • Dog Control Orders (Clean Neighbourhoods and Environment Act) 2005.
8. To implement and enforce Part VIII of the Environmental Protection Act 1990.
9. To enforce the provisions of the Prevention of Damage by Pests Act 1949.
   • Pollution and Statutory Nuisance
10. To undertake responsibility for the effects of oil pollution on the coast line.
11. To implement and enforce the provisions of Parts I, IIA and III of theEnvironmental Protection Act 1990.
12. To appoint inspectors in accordance with section 108 of the Environment Act 1995, and to exercise the powers set out in the Act, relating to imminent danger of serious pollution.
13. To enforce the provisions of the Clean Air Act 1993.
14. To enforce the provisions of the Control of Pollution Act 1974.
15. To enforce the provisions of the Pollution Prevention and Control Act 1999.
16. To implement and enforce the provisions of the Noise and Statutory Nuisance Act 1993.
17. To implement and enforce the provisions of Part 6 of the Antisocial Behaviour 2003.
18. To enforce the provisions of the Noise Act 1996.
    • Graffiti, Littering and Fly Posting
19. To implement and enforce the provisions of the Criminal Damage Act 1971, the Antisocial Behaviour Act 2003, Part IV of the Environmental Protection Act 1990 and the Town and Country Planning Act 1990 in relation to graffiti, littering and fly posting.
    • Public Health
20. To implement and enforce the provisions of the Public Health Act 1936 and 1961.
21. To enforce the provisions of The Public Health (Control of Disease) Act 1984.
    • NB: The Clinical Director of the Kent Health Protection Unit is appointed as the Proper Officer of the Council to carry out duties under the above Act, the Public Health (Prevention of Tuberculosis) Regulations 1925, the Public Health Act 1936, the Public Health (Ships) Regulations 1979 and any other Regulations made under the Act, and any consultants in Communicable Disease Control, authorised by the Clinical Director, are similarly appointed to act on his behalf.
22. To enforce the provisions of the Health Act 2006 relating to smoke free offences.
23. To implement and enforce the provisions of the Water Industry Act 1991 and Private Water Supplies Regulations 1991 in relation to private water supplies.
24. To implement and enforce the provisions of the Building Act 1984.
25. To enforce the provisions of The County of Kent Act 1981.
26. To implement and enforce the provisions of the Local Government (Miscellaneous Provisions) Act 1976 and 1982.
    • Waste Collection and Disposal
27. To exercise powers in relation to refuse collection, street cleaning, cesspool emptying and recycling.
28. To levy charges regarding the collection and disposal of waste other than household waste, and for the provision of bins and sacks.
29. To enforce the provisions of the Control of Pollution Amendment Act 1989 and the Environmental Protection (Duty of Care) Regulations 1991 regarding transport of waste.
30. To implement and enforce the provisions of the Environmental Permitting (England and Wales) Regulations 2007.
31. To implement and enforce the provisions of Part II and Schedule 4 of the Environmental Protection Act 1990.
32. To implement and enforce the provisions of the Public Health Act 1961 regarding the accumulations of rubbish.
33. To maintain a register of persons carrying out business as a scrap metal dealer pursuant to of the provisions of the Scrap Metal Dealers Act 1964.
    • Parking and Highways Management
34. To manage, maintain and control off-street parking and to make necessary amendments to the Off-Street Parking Order.
35. To manage on-street parking enforcement in accordance with The Road Traffic (Permitted Parking and Special Parking Area) (County of Kent) (Borough of Swale) Order 1999.
36. To agree to the use of car parks for non-commercial use and to temporarily suspend on and off street parking bays.
37. To enforce the provisions of the Road Traffic Regulation Act 1984 and Refuse Disposal (Amenity) Act 1978 regarding the removal of vehicles and any other offence.
38. To enforce the provisions of the Clean Neighbourhoods and Environment Act 2005 in relation to fixed penalty notices for nuisance parking offences.
39. To exercise the Council’s powers to provide and maintain footway lighting systems and street naming and numbering.
40. To exercise the power to provide and maintain bus shelters and to give consent to Parish Councils for the erection of seats and shelters.
41. Authority in conjunction with the Head of Legal to make Orders for the closure of highways for a period of 24 hours or less for special purposes under section 21 of the Town Police Clauses Act 1847.
    • Gypsy Sites and Unlawful Encampments
42. To monitor the number of gypsies/ land travellers, legally and illegally encamped within the Borough and to maintain a continuing dialogue with the Kent County Council over gypsy site provision.
43. To issue Notices in relation to the removal of gypsies on the highway under the Highways Act 1980 and from Council owned land under the Criminal Justice and Public Order Act 1994.
    • Council Premises
44. To manage the Councils halls.
45. To manage dual use facilities during the hours when they come under the responsibility of the Borough Council, in accordance with the agreed terms of the Management Agreement, liaising with Kent County Council as appropriate.
46. To award catering concessions or trading privileges in consultation with the relevant portfolio holder.
47. To make applications under the Licensing Act 2003 and Gambling Act 2005 for premises’ licences.
    • Miscellaneous
48. To implement and enforce the provisions of the Antisocial Behaviour Act 2003 in relation to high hedges and miscellaneous powers.
49. In conjunction with the Head of Legal to serve Notices under section 23 of the Local Government (Miscellaneous Provisions) Act 1976 in relation to dangerous trees.
50. To enforce the provisions of the Sunday Trading Act 1994 and to enforce any breaches of street trading under the Local Government (Miscellaneous Provisions) Act 1982.
51. To enforce provisions of the Offices, Shops and Railway Premises Act 1963.
52. To exercise the Council’s power to secure unoccupied buildings under the provisions of the Local Government (Miscellaneous Provisions) Act 1982.
53. To act as the "responsible authority" within the meaning of the Licensing Act 2003 and Gambling Act 2005.
54. To implement and enforce the provisions of the Land Drainage Act 1991.
55. To manage and develop the Council’s CCTV service.
56. To administer concessionary bus travel permits for the elderly and disabled.
57. To arrange burials and cremations pursuant to section 46 of the Public Health (Control of Disease) Act 1984.

Head of Economic Development and Cultural Services

Seafront and Harbour

1. To manage and maintain seafront facilities.
2. To grant and to renew licences for pleasure boats and for pleasure boatmen pursuant to the Public Health Acts Amendment Act 1907 (as amended by the Local Government Act 1974) and to dispose of boats and ancillary equipment abandoned or uncollected on any port or foreshore in Council’s ownership.
3. To issue Mooring agreements for Queenborough Harbour.
   • Recreation
4. To manage, maintain and control parks, open spaces, country parks, equipped play areas, outdoor and indoor sports facilities and swimming pools.
5. To let parks and open spaces for sporting and recreation facilities including fairs, exhibitions and displays.
6. To promote and encourage sports development activities and initiatives, working in partnership with other authorities and bodies responsible for providing opportunities to improve the well being of residents of the Borough.
7. To make arrangements for the provision and advertising of leisure and recreation services and events.
8. To deal with petitions in relation to ball games on open spaces in consultation with Ward Members.
   • Culture and the Arts
9. To manage and deliver arts events and festivals.
10. To develop art projects and programmes for the community including public art.
11. To support and develop the tourism sector.
12. To support and develop the museum and heritage sector.
13. To lead strategy and policy development supporting delivery through internal and external partnerships and resources in those service areas contained within Cultural Services.
14. To develop a local strategy which responds to the national challenge of the 2012 Olympics and Paralympics.
    • Community Development
15. To offer support to the Voluntary sector to deliver services through capacity building - grants, project support and external funding.
16. To support community engagement and participation focused on priority areas (most deprived and regeneration areas), priority groups and specifically youth participation.
17. To coordinate and promote children and young people’s activities, citizenship and support to the sustainability and expansion of children’s services across the Borough.
18. To provide policy guidance and administration on local grant schemes that support projects that bring cultural, sporting, recreational, health, environmental, heritage, community safety, crime reduction or education benefits to the local community.
19. To support increased involvement and responsibility in decision making by local community groups and parish councils on local matters and projects and provision of services.
    • Green Space and the Natural Environment
20. To deliver park and natural environment projects and schemes.
21. To develop and administer the Green Grid Partnership.
22. To lead on strategy and policy development for green space and natural environment.
23. To lead on the rural agenda and projects in rural areas for the Council.
    • Economic Development and Regeneration
24. To implement key regeneration projects at Sittingbourne Town Centre, Sheerness and Queenborough and Rushenden.
25. To work in partnership to realise the economic opportunities of Kent Science Park.
26. To develop projects to broaden the Borough’s economic base.
27. To promote positive changes in the business environment and increase the number of jobs.
28. To develop a network that promotes greater involvement from and clearer voice for local business.
29. To champion a step-change in learning and skills performance and ensure provision meets the needs of the local economy.
30. To improve links and synergy between the Council, learning providers and local business to deliver the Swale Learning Strategy.
31. To secure an effective and sustainable transport infrastructure that supports regeneration.
32. To help businesses and residents maximise the opportunities arising from new technology.
    • Cemeteries and Churchyards
33. To manage and maintain Council owned cemeteries and to maintain "closed churchyards".
34. To exercise powers in relation to the granting of rights of burial, rights to erect memorials and maintenance of graves pursuant to the Local Government Act 1972, Public Health Act 1936 and Local Authorities Cemeteries Order 1997.
    • Markets and Allotments
35. To manage markets on Council owned sites and to monitor and tender, as appropriate the contracts for Markets in Faversham, Sittingbourne and Sheerness.
36. To administer allotments and the discharge of related statutory functions.
    • Miscellaneous
37. To maintain a list of senior nominated officers who regarding establishment arrangements for the protection of children.
38. Co-operate in joint marketing schemes.
39. Exercise powers and functions in relation to the Council’s partnership with SureStart.

Delegations to the Head of Housing Services

Housing

1. To implement and enforce the provisions of the Housing Act 1985 (as amended) and the Housing Act 2004 in relation to demolition orders, housing conditions, licensing of houses in multiple occupation and additional control provisions in relation to residential accommodation including overcrowding.
2. Power to approve disabled facilities grants in accordance with statutory criteria and authority to allow applicants to start work before grants are approved pursuant to Part I of the Housing Grants Construction and Regeneration Act 1996 (as amended).
3. To implement the provisions of Article 3 of the Regulatory Reform Act (Housing Assistance) (England And Wales) Order 2002 with power to provide housing assistance in accordance with the Council's published policy and grant/loan conditions, and power in consultation with the Executive Member for Housing to recover the grant in total or in part where a house is sold in within five years.
4. To implement the provisions of Part VI of the Housing Act 1996 (as amended).
5. To enter into agreements for the supply of goods and services in connection with grant and financial assistance schemes.
6. To promote group repair and renewal schemes.
   • Homelessness
7. To implement the provisions of Part VII of the Housing Act 1996 (as amended) in relation to processing and determining all homeless applications.
   • Caravans
8. To implement and enforce the provisions of the Caravan Sites and Control of Development Act 1960.
   • Public Health
9. To implement and enforce the provisions of the Public Health Act 1936 and 1961.
10. To implement and enforce the provisions of the Water Industry Act 1991 in relation to private water supplies.
    • Buildings
11. To implement and enforce the provisions of the Building Act 1984.
12. To enforce the provisions of Part XI of the Local Government (Miscellaneous Provisions) Act 1982.
13. To implement and enforce the provisions of the Water Act 1989.
    • Drainage
14. To implement and enforce the provisions of the Land Drainage Act 1991.
15. To enforce the provisions of the Local Government (Miscellaneous Provisions) Act 1976.
    • Pests
16. To implement and enforce the provisions of the Prevention of Damage by Pests Act 1949.
    • Miscellaneous
17. To implement and enforce the provisions of Part III of the Environmental Protection Act 1990
18. To enforce the provisions of The County of Kent Act 1981.

Delegations to the Head of Development Services

Development Control

1. To determine applications, to respond to prior notifications and to make observations on behalf of the Borough Council in accordance with the provisions of the appropriate Development Plan or other adopted Borough Council Planning Policy Guidance.
2. The delegated power in paragraph 1 above shall not be exercised in the following circumstances: -
   • (a) Applications where the decision of the Head of Development Services would conflict with any written representation received within the specified representation period from: -
   • (i) a Member of the Borough Council
   • (ii) a statutory consultee
   • (iii) a Parish or Town Council,
     Provided that any representations from (i), (ii) or (iii) above are, in the opinion of the Head of Development Services, based upon relevant planning considerations.
   • (b) Applications where the decision of the Head of Development Services would conflict with letters of representations from at least three separate addresses received within the specified representation period from persons or bodies other than those set out in (a) above, provided that any representations are, in the opinion of the Head of Development Services, based upon relevant planning considerations.
   • (c) Applications where a Borough Council Member has asked that the matter be referred to the Committee for determination and has confirmed that request in writing within the specified representation period.
   • (d) Applications submitted by Members of the Council.
   • (e) Applications which the Head of Development Services considers are sufficiently major or raise difficult questions of policy interpretation or any unusual or difficult issues which warrant Member determination.
   • Trees, Hedgerows and High Hedges
3. To respond to notifications under the Town and Country Planning Act 1990 of intention to cut down, uproot, top or lop a tree within a Conservation Area or for trees covered by Tree Preservation Orders.
4. To determine Felling Licence applications.
5. Resolutions to make and confirm, where there are no objections, Tree Preservation Orders.
6. Refusals of permission to cut down trees and approvals to lopping, silvacultural thinning of woodlands and routine cutting of coppice woodland not affecting draw trees.
7. Authority under Regulation 12 of the Hedgerows Regulations 1997 (as amended) and Section 214B of the Town and Country Planning Act 1990 (as amended) to enter onto land.
8. To respond to hedgerow notifications in consultation with the appropriate Ward Member(s).
9. Subject to consultation with the Head of Legal, to serve notices relating to dangerous trees, in accordance with Section 23 of the Local Government (Miscellaneous Provisions) Act 1976.
10. To consider and determine the Council's response to the formal complaints in relation to high hedges, to issue remedial notices and determine all other matters in relation to high hedges in accordance with Part 8 of the Anti-Social Behaviour Act 2003.
    • Enforcement
11. To resolve to serve Enforcement Notices and/or to issue "breach of condition notices" to secure compliance with planning conditions.
12. To serve Notices under the Town and Country Planning Act 1990 requiring the proper maintenance of land and the removal or obliteration of any placard or poster.
13. To make representations on behalf of the Council where appropriate to the granting or variation of Goods Vehicle Operators Licences under Section 12 of the Goods Vehicles (Licensing of Operators) Act 1995.
14. In cases of extreme urgency between meetings to resolve to serve a "Stop Notice" a "Temporary Stop Notice" and to serve Enforcement Notices.
15. To serve a requisition for information under section 330 of the Town and Country Planning Act 1990.
    • Conservation of Historic Environment
16. Power to make Historic Building Grants in accordance with statutory criteria and Council policy.
17. In cases of extreme urgency between meetings to resolve to secure the preservation of buildings under Section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
18. To serve Urgent Works Notices where it is necessary to avoid damage or the risk of damage to any unoccupied listed building.
19. To administer the authorisation of grants made under the Listed Buildings and Conservation Grant Schemes.
    • Miscellaneous
20. To exercise powers of entry in accordance with Sections 196A and 324 of the Town and Country Planning Act 1990 (as amended) and Section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).
21. To screen and scope Environmental Impact Assessments, in accordance with The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended).
22. To determine applications for Certificates of Lawful Use or Development.
23. To carry out consultations under the procedure set out in Circular No. 18/84 for minor developments by Government departments.
24. To accept minor amendments in substitution for approved plans.
25. To approve details reserved in conditional permissions (facing materials, landscaping, joinery details etc).
26. To determine whether an application should not be considered in outline.
27. To serve notices requiring information regarding disposal of waste pursuant to section 93 of the Control of Pollution Act 1974.
28. To act as “responsible authority” within the meaning of the Licensing Act 2003 and Gambling Act 2005.
29. To implement the provisions of the Environmental Assessment of Plans and Programmes Regulations 2004.
    • Building Control
30. To be responsible for the Council’s Building Control function by way of representation at the Joint Committee of the South Thames Gateway Building Control Partnership.

Delegations to the the Head of Property Partnership

General

1. To enter into all 'de-minimis' Agreements, eg. Minor wayleaves, easements, rights of way, temporary occupation of land, tenants -at- will etc.
2. To negotiate and agree terms for the modification, variation or release of convenants contained in conveyances and transfers.
3. To deal with Blight Notices ensuring final compensation where the notices have been accepted by the Council for conveyancing purposes.
4. To approve disturbance payments, etc. other than payments in respect of well maintained houses.
5. To finalise negotiations in the case of confirmed Compulsory Purchase Orders.
6. To deal with applications for the sale of sub-station sites.
7. To deal with applications for the sale and purchase of small areas of land where the proposed consideration does not exceed £10,000 or where the land is to be sold or purchased on behalf of the Kent County Council.
8. To assign leases, subject to the normal investigation of the financial abilities of the new lessees and to those cases also requiring a change of the approved use being determined, in consultation with the Executive Member for Performance and Finance.
9. To terminate or accept the surrender of a leasehold interest in land where it is of benefit to the Council.
10. To approve rent reviews and lease renewals up to a maximum increase of £7000 or 20% per annum whichever is the greater amount.
11. To grant Leases for less than seven years or to grant Leases where the annual rent is less than £3000.
12. To retain agents to advise upon terms for sales, leases, purchases, easements, compensation claims and similar matters or otherwise in connection therewith.
13. To negotiate the terms of, and authorise the granting of, landlords licences and consents and variations under existing leases.
14. To carry out any site investigation where he/she considers it necessary whether upon the commencement of negotiations or acquisition or otherwise.
15. To apply for planning permission for the development of any land or property and to make any other application under planning legislation.

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