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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. 2 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. 3 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 4