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BRIDGEND COUNTY BOROUGH COUNCIL
REPORT TO CABINET
31st May 2011
REPORT OF THE MONITORING OFFICER
AMENDMENT OF THE SCHEMES OF DELEGATION OF FUNCTIONS
1.
Purpose of Report
1.1
To seek the approval of Cabinet for amendment of the Schemes of Delegation of
Functions.
2.
Connection to Corporate Improvement Plan / Other Corporate Priority
2.1
The Schemes of Delegation of Functions enable the conduct of business of the
Authority and therefore impact upon the delivery of the Corporate themes and
priorities.
3.
Background
3.1
The Schemes of Delegation of Functions enable the conduct of business of the
Authority and are subject to regular review in order to maintain fitness for purpose. This
report builds upon previous reviews and seeks to update the Schemes to ensure that
they are fit for purpose and deliver the needs of the Authority as a whole.
4.
Current situation / proposal
4.1
It is proposed to amend the Schemes of Delegation of Functions to include the
following function within the General Powers of Chief Officers as paragraph 1.14:
“To issue Fixed Penalty Notices in accordance with Section 95A and Schedule 4B of
the New Roads and Street Works Act 1991, to offer the opportunity of discharging
liability to conviction for an offence by payment of a penalty.”
This proposed change will assist the Department by removing the administrative
burden of completing the Delegated Power Form for the exercise of a core day to day
function, there will instead be a requirement upon the Department to document the
decision making process within its files.
4.2
It is proposed that the following function allocated to the Chief Executive at Scheme B1
be amended as indicated in italics below:
2.2
To authorise, and agree terms for, the disposal of land
whether by way of a freehold sale or the grant of a lease
in consideration of the payment of a premium:1
(1) Cabinet Member Resources;
(2) Assistant Chief
(a) Having an estimated value exceeding £100,000 but
not exceeding £300,000 by way of formal tender or
auction; or
(b) Having an estimated value exceeding £50,000 but
not exceeding £150,000 in value otherwise than by
way of a formal tender or auction.
2.2
Executive – Legal &
Regulatory
(3) Section 151 Officer or in
the event of sub
delegation to the Section
151 Officer, then the
Deputy Section 151
Officer.
To authorise, and agree terms for, the disposal of land (1) Cabinet Member and buildings, whether by way of a freehold sale or the
Resources;
grant of a lease, in consideration of the payment of a (2) Assistant Chief
premium at best consideration having an estimated
Executive – Legal &
value not exceeding £300,000.
Regulatory
(3) Section 151 Officer or in
the event of sub
delegation to the Section
151 Officer, then the
Deputy Section 151
Officer.
This proposed change will assist the department in circumstances where disposal is by
way of auction and the valuation figure is such that the lower limit of the existing
paragraph 2.2 may not be met. Currently the Department completes Delegated Power
Forms for both Scheme B1 Para 2.2 and Scheme B2 Para 3.13 to provide for such
circumstance, the proposed change will remove this administrative burden.
4.3
It is proposed that the following functions allocated to the Chief Executive at Scheme
B2 be amalgamated and amended as indicated in italics below:
3.13
To authorise, and where appropriate accept terms for, the disposal of land or
buildings having an estimated value not exceeding £100,000 by way of formal
tender or auction.
3.14
To authorise, and agree terms for, the disposal of land or buildings having an
estimated value not exceeding £50,000 otherwise than by way of formal tender or
auction.
3.13
To authorise, and agree terms for, the disposal of land and buildings whether by
way of a freehold sale or the grant of a lease in consideration of the payment of a
premium at best consideration having an estimated value not exceeding £150,000.
The proposed change reflects the uplift in property values over time and that best
consideration is sought.
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4.4
It is proposed to insert the following functions, allocated to the Chief Executive, into
Schemes B1 and B2:
Scheme B1:
2.7
To authorise, and agree terms for, the disposal of
land and buildings having an estimated value not
exceeding £300,000, at an undervalue where it is
considered that: The disposal is in the interests of
the economic, social or environmental well being of
the whole or any part of the Authority’s area, or any or
all persons resident or present in the Authority’s area;
and the disposal is in accordance with the General
Disposal Consent (Wales) 2003, the Authority’s
approved Disposal Strategy and Community Asset
Transfer Guidance; and the disposal is at an
undervalue of £300,000 or less.
1) Cabinet
Member Resources;
2) Assistant
Chief
Executive –
Legal &
Regulatory
3) Section 151
Officer or in
the event of
sub
delegation to
the Section
151 Officer,
then the
Deputy
Section 151
Officer.
Scheme B2:
3.14
To authorise, and agree terms for, the disposal of land and buildings
having an estimated value not exceeding £150,000, at an undervalue
where it is considered that: The disposal is in the interests of the
economic, social or environmental well being of the whole or any part of
the Authority’s area, or any or all persons resident or present in the
Authority’s area; and the disposal is in accordance with the General
Disposal Consent (Wales) 2003, the Authority’s approved Disposal
Strategy and Community Asset Transfer Guidance; and the disposal is at
an undervalue of £50,000 or less.
These proposed additions will enable officers to authorise Community Asset Transfers
in accordance with the requirements of the General Disposal Consent (Wales) 2003
and the Authority’s approved Disposal Strategy and Community Asset Transfer
Guidance.
4.5
The following minor administrative amendments are also proposed:
There is a duplication of functions at Scheme B2, paragraphs 5.7, 5.8, 6.52 and 6.53.
As these are functions of the Corporate Director - Communities it is proposed that 5.7
and 5.8 currently allocated to the Corporate Director - Wellbeing be deleted.
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4.6
The function at Scheme B2, paragraph 2.52, requires amendment to reflect that a
decision in relation to Homelessness is that of the Corporate Director – Communities
and not the Corporate Director – Wellbeing as currently stated.
5.
Effect upon Policy Framework & Procedure Rules
5.1
This report has no effect upon the Policy Framework or the Procedure Rules.
6.
Equality Impact Assessment
6.1
There are no negative equality implications.
7.
Financial Implications
7.1
There are no financial implications.
8.
Recommendation
It is recommended that Cabinet approves the amendment of the Schemes of
Delegation of Functions as set out at part 4 of this report.
P. A. Jolley
Monitoring Officer / Assistant Chief Executive Legal & Regulatory Services
Tel: 01656 643106
Email: [email protected]
Postal Address:
Legal & Regulatory Services
Level 2 Civic Offices
Angel Street
Bridgend
CF31 4WB
Background documents: None
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