Functions Scheme - Delegation to the Assistant Director - Governance
7.10 Assistant Director - Governance
(a) Monitoring officer
To exercise the functions of the Monitoring Officer, including:
(i) to maintain an up-to-date version of the Constitution and ensure that it is widely available to Councillors, Officers and the public.(ii) to make changes to the Constitution to reflect changes of fact and law, and decisions of the Council Meeting and of the Cabinet :(iii) After consulting with the Head of Paid Service and Chief Finance Officer, to report to the Council Meeting (or to the Cabinet in relation to an Executive Function) if he or she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Unless the report relates to a finding of maladministration such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.(iv) to contribute to the promotion and maintenance of high standards of conduct through the provision of support to the Ethical Standards Committee.(v) to receive and act on reports made by Ethical Standards Officers and decisions of the Case Tribunals.(vi) to conduct investigations into matters referred by Ethical Standards Officers and make reports or recommendations about them to the Ethical Standards Committee.(vii) to advise whether decisions of the Cabinet are in accordance with the Budget and Policy Framework.(viii) to provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and Budget and Policy Framework issues to all Councillors.(ix) to be responsible for ensuring that the Access to Information Rules are complied with.(x) Monitoring and advising upon all aspects associated with the Regulation of Investigatory Powers Act (RIPA).
(b) Legal proceedings
(i) Acting on the recommendations of a Director (who has been given authority to act on a particular service function in accordance with the Functions Scheme) or where it is necessary to give effect to a decision of the Council, to institute, prosecute, defend, conduct, participate in, withdraw or settle any legal proceedings brought by or against the Council, to make any necessary applications and to take steps to enhance or protect the Council’s legal position or interest.(ii) To negotiate and settle claims and disputes without recourse to court proceeding including the use of alternative dispute resolution.(iii) To represent the Authority and secure the appearance of an advocate on the Authority’s behalf in any legal proceedings.
(c) Urgent Action
In any circumstances where urgent action is required, acting on the recommendation of a Director (who has been given authority to act on a particular service function in accordance with the Functions Scheme) or where it is necessary to give effect to a decision of the Council, or where otherwise duly authorised, to institute, prosecute, defend, conduct, participate in, withdraw or settle any legal proceedings brought by or against the Council and to take immediate legal action to enforce rights or obligations when he or she considers it to be in the interests of the Council to do so.
(d) Authority to sign documents in legal proceedings
To sign the following on behalf of the Council:
(i) Any document necessary in legal proceedings on behalf of the Council and(ii) Informations and complaints, and lay them on behalf of the Council for the purpose of Magistrates Court proceedings unless Statute provides otherwise.
(e) Authority to sign contracts and other documents
To sign contracts in accordance with the Contract Procedure rules whether under seal or not.
(f) Arbitration
Acting on the recommendation of a Director, to refer contractual disputes to arbitration and to give agreement as to the appointment of such arbitrator.
(g) Compensation
After consultation with the Chair of the Ethical Standards Committee, to make compensation payments of up to £1000 to victims of maladministration.
(h) Counsel
To instruct Counsel and to retain the services of costs specialists, parliamentary agents or outside solicitors and to obtain expert advice on any matter affecting or likely to affect the interests of the Council.
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