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The Functions Scheme - Council Functions

Council Functions

 
This section sets out what the Council Functions are and who can carry these functions out.

 2.1       General

 
Council Functions are local authority functions which by law cannot be carried out by the Cabinet.

2.2       Allocation of functions

 
The Council has decided that the functions in Column 1 will be carried out by the body or officer in Column 2. 
 
 
Column 1
 
What is the function
 
 
Column 2
 
Who can carry the function out
 
 
Adopting and changing the Constitution
 
 
Approving or adopting the Policy Framework, the Budget and any application to the Secretary of State in respect of any Housing Land Transfer
 
Council Meeting only
 
Subject to the Urgency Procedure in the Access to Information Rules, making a decision contrary to the Policy Framework or the Budget, or part of it
 
Council Meeting only
 
Appointing the Leader of the Council for a four year term
 
Council Meeting only
 
Setting the terms of reference of committees, deciding on their composition and making appointments to them
 
Council Meeting only
 
Appointing representatives to outside bodies
 
Council Meeting unless the appointment is an Executive Function or has been delegated by the Council
 
Adopting and changing the Petitions
Scheme under the Local Authorities
(Petitions)(England) Order 2010
 
Council Meeting only
 
 
 
Council Meeting only
 
Changing the name of the area
 
Council Meeting only
 
Giving someone the title of honorary alderman
 
Council Meeting only
 
Planning and development control functions including enforcement for which the Council is responsible in Schedule 1 of the Functions Regulations
 
Planning Committee/
Director of Development/Assistant Director - Communities
Planning Manager
 
Hedgerow and tree preservation functions for which the Council is responsible in Schedule 1 of the Functions Regulations
 
Planning Committee/
Director of Development/Assistant Director - Communities
Planning Manager
 
Rights of way functions for which the Council is responsible in Schedule 1 of the Functions Regulations
 
Planning Committee/
Director of Development/Assistant Director - Communities
Planning Manager
 
Licensing and registration functions for which the Council is responsible in Schedule 1 of the Functions Regulations
 
Licensing Committee/
Director of Health and Well-Being/
Interim Environment Servcies Manager
 
Health and safety at work functions (other than those relating to the Council itself as an employer) for which the Council is responsible in Schedule 1 of the Functions Regulations
 
Director of Health and Well-Being
Interim Environmental Services Manager
 
Elections functions in Schedule 1 of the Functions Regulations
 
Council Meeting/
Chief Executive
 
Functions relating to the name and status of areas and individuals in Schedule 1 of the Functions Regulations
 
Council Meeting only
 
Byelaw functions in Regulation 2 and Schedule 1 of the Functions Regulations
 
Council Meeting only
 
Power to promote or oppose local or personal bills set out in Regulation 2 and Schedule 1 of the Regulations
 
Council Meeting only
 
Power to make and amend procedure rules
 
Council Meeting only
 
Power to make contract rules
 
Council Meeting only
 
Power to appoint staff, and to determine the terms and conditions on which they hold office (including procedures for their dismissal)
 
 
Council Meeting /
Appointments Committee
Chief Executive, Directors and Assistant Directors
 
 
 
Duty to make arrangements for the proper administration of financial affairs
 
Council Meeting and Chief Finance Officer
 
Power to appoint Officers for particular
purposes (otherwise called the appointment of proper officers)
 
Council Meeting and / or
Monitoring Officer
 
Duty to designate an Officer as the Head of Paid Service
 
Council Meeting only
 
Duty to designate an Officer as the Monitoring Officer and to provide staff
 
Council Meeting only
 
Duty to approve the Council’s statement of accounts, income and expenditure and balance sheet, or record of payments
 
Council Meeting only
 
Power to make a closing order on a takeaway food shop
 
Director of Health and Well-Being
Interim Environmental Health Manager
 
 
Powers relating to overview and scrutiny
 
Council Meeting
 
 
 
 
FUNCTIONS RELATING TO COMMUNITY GOVERNANCE
 
DECISION MAKER
1. Duties relating to community governance reviews.
Council meeting only.
2. Functions relating to community governance petitions.
Council meeting only.
3. Functions relating to terms of reference of review.
Council meeting only.
4. Power to undertake a community governance review.
Council meeting only.
5. Functions relating to making of recommendations.
Council meeting only.
6. Duties when undertaking review.
Council meeting only.
7. Duty to publicise outcome of review.
Council meeting only.
8. Duty to send two copies of order to Secretary of State and Electoral Commission.
Council meeting only.
9. Power to make agreements about incidental matters.
Council meeting only.

Contact Details
Assistant Director (Governance)

Saltergate Chesterfield S40 1LF

Location: The Council House
Telephone: 01246 217057
Contact Us: Enquiry Form
Web Team

Saltergate, Chesterfield. S40 1LF

Location: Council House
Telephone: 01246 217613
Text Us: 0780 0002425
Contact Us: Website Feedback

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