Agenda item
Recommendations from the Constitution Committee
- Meeting of Council, Thursday, 21st January, 2010 2.00 pm (Item 71.)
- View the background to item 71.
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The Chairman of the Constitution Committee to submit the recommendations of the committee from its meeting held on 11 January 2010.
Report by the Monitoring Officer. (To follow)
Minutes:
DECISION:
1.1 Delegation of powers currently vested with the Director of Tenancy Services
a.) That the following amendments to the delegations be approved to those officers listed including the addition at 5a & 5b of Section 128 Housing Act 1996:
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No. |
DETAILS OF DELEGATION |
DELEGATED TO |
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1. |
To exercise the general management, regulation and control of the Council’s housing stock under Section 21 of the Housing Act 1985 |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services
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2. |
To take all such action as is required of the Council to prepare, maintain and administer the housing register under Sections 159 and 166 of the Housing Act 1996 as amended by the Homelessness Act 2002 |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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3. |
Subject to any policy directions given by the Council, to take all such action as is required of the Council to prepare, maintain and administer a housing allocation scheme under Sections 161, 167 to 168 of the housing Act 1996 and Section 1o6 of the Housing Act 1985 as amended by the Homelessness Act 2002 |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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4. |
To allocate housing to the homeless applicants to whom the Council owes a duty under Part V11 of the Housing Act 1996 as amended by the Homelessness Act 2002 |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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5.a |
To sign and serve and to authorise officers to serve notice seeking possession and take action for possession of any Council dwelling, land or garage, authorised under Schedule 2 of the Housing Act 1985 (as amended by the Housing Act 1996) due to rent arrears and Section 128 Housing Act 1996 |
Corporate Head Finance and Customer Services |
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5.b |
To sign and serve and to authorise officers to serve notice seeking possession and take action for possession of any Council dwelling, land or garage, authorised under Schedule 2 of the Housing Act 1985 (as amended by the Housing Act 1996) due to breach of tenancy and Section 128 Housing Act 1996 |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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6. |
To publish information about secure tenancies under Section 104 of the Housing Act 1985 |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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7. |
To maintain arrangements for consultation with tenants on matters of housing management which are likely substantially to affect them (Section 105, Housing Act 1985) |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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8. |
To issue reports to all housing revenue account tenants each year containing information determined by the Secretary of State about functions of the Council as housing authority (Sections 167, Local Government and Housing Act 1989) |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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9. |
To prepare and implement, with resources provided by the Council, programmes for the refurbishment, repair and maintenance of Council dwellings |
Corporate Head of Resources and Organisational Development |
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10. |
To exercise the powers of the council relating to tenants’ right to have repairs carried out and pay compensation for improvements under Sections 121 and 122 of the Leasehold Reform, Housing and Urban Development Act 1993 and Section 96 of the Housing Act 1985 (Tenants Right to Repair) |
Corporate Head of Resources and Organisational Development
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11. |
To implement and ensure compliance with Tenancy & Neighbourhood Services Tenancy Agreement (April 2002) |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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12. |
To serve and to authorise officers to serve notices under Section 17 of the Public Health Act 1961 relating to drainage |
Corporate Head of Resources and Organisational Development |
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13. |
To serve, and to authorise officers to serve notices under Section 35 of the Local Government (Miscellaneous Provisions) Act 1976 to unblock private sewers |
Corporate Head of Resources and Organisational Development |
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14. |
To serve, and to authorise officers to service notice under Sections 59 and 60 of the Building Act 1984 relating to drainage |
Corporate Head of Resources and Organisational Development |
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15. |
Authorise and to authorise officers to arrange for repair where drainage is inadequate under Section 59 of the Building Act 1984 |
Corporate Head of Resources and Organisational Development |
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16. |
To serve and authorise officers to serve requisitions for information under Section 16 of the (Miscellaneous Provisions) Act 1976 |
Corporate Head of Resources and Organisational Development |
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17.a |
To sign, serve and authorise officer to issue Notice to Quit and take action for possession of any Council dwelling or garage occupied under licence, non-secure tenancy as a result of rent arrears |
Corporate Head of Finance and Customer Services |
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17.b |
To sign, serve and authorise officers to issue Notice to Quit and take action for possession of any Council dwelling or garage occupied under licence, non-secure tenancy as a result of breach of tenancy or trespass |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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18. |
To sign, serve and authorise officers to sign and serve anti-social behaviour contracts drawn up and served under the provisions of the Crime and Disorder Act 1998 |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
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19.a |
To sign, serve and authorise officers to make any application to the County Court in connection with rent arrears under the Housing Act 1985 |
Corporate Head Finance and Customer Services |
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19.b |
To sign, serve and authorise officers to make any application to the County Court in connection with the general housing management regulation and control of the Council’s stock under the Housing Act 1985, Housing Act 1996, Homelessness Act 2002, the Crime and Disorder Act 1998 and the Anti-Social Behaviour Act 2003 |
Service Manager, Tenancy & Neighbourhood Services, Tenancy Services |
b) That the Constitution be amended to permit the Chief Executive to authorise officers in appropriate posts who are suitably trained and qualified to carry out the delegations where authorised posts become vacant or cease to exist and to authorise the change in the Constitution to bring into effect the changes to the scheme of delegation.
1.2 Review of Scheme of Delegation (Enforcement Service)
a) That the policy approach set out in report CHSC020 is endorsed by the Constitution Committee.
b) That the Scheme of Delegation is amended so that the Corporate Head of Sustainable Communities in consultation with the Lead Professional or any officer delegated in writing by her or him and Legal Services be authorised to issue the following notices:
o Enforcement Notice
o Breach of Condition Notice
o Section 215 Notice
o Listed Building Enforcement Notice
o Hazardous Substance Notice
o Stop Notice and
o Temporary Stop Notice
c) That the Corporate Head of Sustainable Communities and the Lead Professional are authorised to delegate to other officers in writing who have the necessary training and qualifications those delegations made to the Corporate Head of Sustainable Communities and the Lead Professional as shown in the Scheme of Delegation.
1.3 Delegated Authority relating to the administration of Council Tax, Non Domestic Rates, Housing Benefit and Council Tax Benefit
That the delegated authority held by the Corporate Head of Finance and Customer Services as the Section 151 Officer is amended to allow him to authorise other appropriately qualified and trained officers, in writing, the delegated powers relating to Council tax, Non Domestic Rates, Housing Benefit and Council Tax Benefit Administration and Enforcement.
1.4 Members Allowances – audit inspection
That under the Members Allowance Scheme the following paragraph is added at page 293:
Where Members are utilizing their own private domestic broadband connection for access to SKDC systems there is a monthly allowance of up to £21.99.
1.5 Polling Places
The Council agrees with the recommendations contained in report DEM038, and approves the amendments necessary to the scheme of delegation within the Constitution.
Report LEG060 was introduced by the Vice-Chairman of the Constitution Committee. The recommendations contained within the report were proposed and seconded.
A debate followed, and several matters were raised. A Member questioned the need for amending the Constitution to include Members’ broadband allowance. The Monitoring Officer advised that Members were already entitled to receive this as part of the Members’ Allowance Scheme, and for clarity purposes it was required to be published in the Constitution. This particular matter had been raised through an internal audit. Another Member was of the opinion that the Constitution was too large, and support officers had an arduous task in keeping it constantly up to date. He suggested that the Members’ Allowance Scheme should not be contained within the Constitution.
In responding to a query by a Member, the Monitoring Officer confirmed that guidelines for the Constitution Committee were contained within article 11 on page 52 of the Constitution.
The Chief Executive suggested that recommendation 1.3 of the report be amended to include the words ‘appropriately qualified and trained’ officers. This amendment was accepted by the proposer and the seconder. On being put to the vote, the motion was carried.