CONSTITUTION OF CORBY BOROUGH COUNCIL

Contents 

CONSTITUTION OF CORBY BOROUGH COUNCIL 

Part 1 Summary and Explanation 1.1 

Corporate Complaints Procedure 1.5 

Contact details of Elected Members 1.12 

Part 2 Articles of the Constitution 2.1 

Article 1 The Constitution 2.2 

Article 2 Members of the Council 2.3 

Article 3 Citizens and the Council 2.5 

Article 4 The Full Council 2.6 

Article 5 Chairing the Council 2.8 

Article 6 Overview and Scrutiny Panels 2.9 

Article 7 Policy and Regulatory Committees 2.12 

Article 8 The Standards Committee 2.14 

Article 9 Areas Committees and Forums 2.16 

Article 10 Joint Arrangements 2.19 

Article 11 Officers 2.21 

Article 12 Decision Making 2.24 

Article 13 Finance, Contracts and Legal 

2.25 

Matters 

Article 14 Review and Revision of the 

2.27 

Constitution 

Article 15 Suspension, Interpretation and 

2.28 

Publication of the Constitution 

Article 16 Electronic Government 2.29 

Schedule 1 Description of Alternative 

Arrangements 

2.30 

Part 3 Responsibility for Functions 3.1 

Full Council 3A.2 

Resources and Regeneration Committee 3A.4 

Community Committee 3A.7 

Local Plan Committee 3A.11 

Development Control Committee 3A.12 

Licensing and Regulation Committee 3A.14 

Standards Committee 3A.16 

Resources and Regeneration Panel 3A.17 

Community Panel 3A.19 

Democracy and Governance Panel 3A.20 

Employment Committee 3A.21 

Joint Consultative Committee (JCC) 3A.22 

Safety Committee 3A.26 

Delegation – Chief Executive 3B.1 

Delegation – Common Powers 3B.3 

Delegation – Head of Finance 3B.5 

Delegation – Head of Housing 3B.7 

Delegation – Head of Human Resources & 

3B.9 

Customer Care 

Delegation – Culture & Community 3B.10 

0.1

Contents 

Delegation – Planning & Regeneration 3B.11 

Delegation – Head of Legal & Asset 

3B.15 

Management 

Delegation – Head of Performance 

3B.17 

Management E Gov & Scrutiny 

Delegation – Deputy Chief Executive 3B.18 

Delegation – Corporate Director 3B.19 

Delegation – Committee Services 3B.20 

Delegation – Head of Street Scene 

3B.21 

Environment & Technical 

Part 4 Rules of Procedure 4.1 

Council Procedure Rules 4A.1 

Access to Information Procedure Rules 4B.1 

Budget and Policy Framework Procedure 

4C.1 

Rules 

Overview and Scrutiny Procedure Rules 4D.1 

Financial Procedure Rules 4E.1 

Contract Procedure Rules 4F.1 

Officer Employment Procedure Rules 4G.1 

Part 5 Codes and Protocols 5.1 

General Principles of Conduct 5.2 

Elected Members’ Code of Conduct 5.4 

Officers’ Code of Conduct 5.10 

Protocol on Elected Member/Officer 

5.18 

Relations 

‘Whistleblowing’ Procedure 5.24 

Part 6 Members’ Allowances Scheme 6.1 

Amended Final Report (08.08.02) 6A.0 

Part 7 Management Structure 7.1 

Part 8 Amendments to Constitution 8.1 

Details of amendments made to Constitution 

since adoption on 13 th September 2001 

0.2

Part One – Summary and Explanation 

PART ONE 

SUMMARY AND EXPLANATION 

1.1


SUMMARY AND EXPLANATION 

1.1 The Council’s Constitution 

The Corby Borough Council has agreed a new constitution which sets out how the 

Council operates, how decisions are made and the procedures which are followed to 

ensure that these are efficient, transparent and accountable to local people. Some of 

these processes are required by the law, while others are a matter for the Council to 

choose. 

The Constitution is divided into 16 articles which set out the basic rules governing the 

Council’s business. More detailed procedures and codes of practice are provided in 

separate rules and protocols within this document (Part 5). 

The Council intends that all citizens should have access to this document for 

inspection, both by visiting the Council’s main reception points and via the Council’s 

Website. Suggestions for improvement to the contents and/or presentation of this 

document will be considered by the Council. 

1.2 How the Council Operates 

The Council is composed of 29 Elected Members elected every four years. Elected 

Members are democratically accountable to residents in their Ward. The overriding 

duty of Elected Members is to the whole community, but they have a special duty to 

their constituents, including those who did not vote for them. 

Elected Members have agreed to follow a Code of Conduct to ensure high standards 

in the way they undertake their duties. The Standards Committee trains and advises 

them on the Code of Conduct. 

All Elected Members meet together as the Council. Meetings of the Council are 

normally open to the public. Here Elected Members decide the Council’s overall 

policies and set the budget each year. 

1.3 How Decisions Are Made 

Most day-to-day decisions are made by Officers working within the rules and policies 

set by the Council. The Council has one main policy committee, which deals with the 

functions listed in Part 3 of this Constitution. Committees also carry out a number of 

regulatory functions, including dealing with planning applications and licensing. 

Meetings of the Council’s committees are open to the public except where personal 

or confidential matters is being discussed. Agenda and minutes of Council meetings 

are available for public inspection, both by visiting the Council’s main reception points 

or via the Council’s Website. 

1.4 Overview and Scrutiny 

There is an overview and scrutiny panel which supports the work of the policy 

committees and the Council as a whole. They allow citizens to have a greater say in 

Council matters by holding public inquiries into matters of local concern. These can 

lead to reports and recommendations, which advise the policy committees and the 

Council as a whole on its policies, budget and service delivery. Overview and 

scrutiny panels also monitor the decisions of the policy committees. They can ‘call in’ 

a decision which has been made by a policy committee but not yet implemented. 

This enables them to consider whether the decision is appropriate. They may 

recommend that the policy committee or full Council reconsider the decision. They 

may also be consulted by policy committees on forthcoming decisions and the 

development of policy. 

1.2


1.5 Area Committees or Forums 

Article 9 of this Constitution details the advisory forums established by the Council. 

These include the Rural Area Forum, the Health & Welfare Forum, and the Housing 

Needs Forum. Whilst advisory in nature, these forum have the opportunity to 

influence policy development. A wide range of stakeholders are involved in these 

meetings, representing community, voluntary and other interested bodies. 

1.6 The Council’s Staff 

The Council has people working for it (called ‘officers’) to give advice, implement 

decisions and manage the day-to-day delivery of its services. Some Officers have a 

specific duty to ensure that the Council acts within the law and uses its resources 

wisely. A Protocol document governs the relationships between Officers and 

members of the Council. A copy of this Protocol is included within ‘Part 5’ of this 

Constitution. 

1.7 Citizen’s Rights 

Citizens have a number of rights in their dealings with the Council. These are set out 

in more detail in Article 3. Some of these are legal rights, whilst others depend on 

the Council’s own processes. 

Where members of the public use specific council services, e.g. as a Council tenant, 

they have additional rights. These are not covered in this Constitution. 

Citizens have the right to: 

• vote at local elections if they are registered; 

• contact their local Elected Member about any matters of concern to them; 

• obtain a copy of the Constitution on payment of a reasonable fee; 

• attend meetings of the Council and its Committees, except where, for 

example, personal or confidential matters are being discussed; 

• petition to request a referendum on a Mayoral form of executive; 

• participate in the Council’s question time and contribute to investigations 

by the overview and scrutiny panels as detailed in the Constitution; 

• complain to the Council (a copy of the Council’s Complaints Procedure is 

detailed in this Constitution); 

• complain to the Local Government Ombudsman if they think the Council 

has not followed its procedures properly. Details relating to the 

Ombudsman can be obtained from the Council. However, they should 

only do this after using the Council’s own complaints process; 

• complain to the Standards Board for England if they have evidence which 

they think shows that an Elected Member has not followed the Council’s 

Code of Conduct. Details relating to the Standards Board for England can 

be obtained from the Council; and 

• inspect the Council’s accounts and make their views known to the 

external auditor. 

The Council welcomes participation by its citizens in its work. For further 

information on your rights as citizens, please contact the Democratic Services 

Section, or access the Council’s website www.corby.gov.uk. 

1.3


CORPORATE COMPLAINTS PROCEDURE 

WHY HAVE A COMPLAINTS PROCEDURE? 

Corby Borough Council has an adopted formal procedure for dealing with complaints 

received from customers. Its introduction indicates the Council’s desire to meet and 

protect the interests of the public and their services. 

The main values derived are: 

∗ 

assisting the users of services especially the most vulnerable members of the 

public; 

∗ 

∗ 

∗ 

improved services; 

increased efficiency by the provision of management information; 

assisting in quality control; 

* enhancing the reputation of the Council as a caring authority by turning 

dissatisfied customers into satisfied customers. 

WHAT IS A COMPLAINT? 

It is a not always easy to define. A complaint is an expression of dissatisfaction or a 

grievance. For the purposes of the complaints procedure a complaint is broadly 

defined as an expression of dissatisfaction about the standard of service, actions or 

lack of action by Corby Borough Council or its staff, affecting an individual customer, 

group of customers or outside agency. 

More specifically a complaint is where: 

* the Council has not done something it has a duty to do; 

∗ 

the Council has done something it has no right to do or does not normally do 

as a matter of established practice; 

∗ 

∗ 

∗ 

∗ 

∗ 

the conduct of behaviour of an officer or a member is unsatisfactory; 

established levels of service delivery are not attained; 

a person does not understand or is not informed of why or how a situation 

arose or exists; 

an adopted and known procedure is not followed; 

maladministration is alleged. 

1.4


HOW CORBY BOROUGH COUNCIL DEALS WITH COMPLAINTS 

Complaints differ widely in nature and complexity. The authority’s complaints 

procedure recognises this, and therefore consists of 4 separate but related steps or 

levels. The actions taken at each level are self-contained, and an investigation would 

not normally usually involve each of the 4 levels. 

At whatever level a complaint is investigated the aim of the Council is to investigate 

swiftly all complaints with impartiality, attempting to find a local solution whenever 

possible to the satisfaction of both complainant and Council. 

To do this a number of principles, common to each level, are observed to ensure all 

complaints are dealt with promptly, systematically, efficiently and courteously. They 

are: 

1. The complaints are acknowledged within 10 working days, and the 

complainant informed that the complaint will be investigated. The name of an 

officer to whom further queries can be made is given. Hopefully the complaint 

can be addressed within the 10 working day period, however, if due to 

circumstances it will take longer to provide a substantive reply the 

complainant will be told. 

2. The complainant is advised to whom an appeal can be made if the outcome is 

not acceptable. 

3. The complaint is recorded and all relevant papers filed for easy future access. 

The record includes: 

i) Full name and address 

ii) Details of the complaint 

iii) Action taken 

iv) Officer investigating 

4. Complaints received by the Council are regularly analysed to ensure any 

obvious problems or adverse trends are tackled without delay. 

1.5


THE FOUR STAGES 

Please find detailed below the procedure that a complainant should follow. If you 

have any enquiries regarding this matter please contact the Committee Services 

Section on (01536) 464015 or 464013 or access the Council’s website on 

www.corby.gov.uk 

First Stage – SERVICE PROVIDER 

A complaint when received by the Council is referred to the relevant department. It 

may be referred to the Section Head responsible for a particular service, or dealt with 

by the Director of the department concerned. 

Complaints can only be resolved swiftly if full details are given. For this reason 

complaints are usually best dealt with when full details are given in writing or by 

completing the standard form available from the Council’s main reception points or 

via the Council’s website. Of course genuine complaints are investigated however 

received. 

Replies should be sent to the complainant within the agreed period. If any 

unavoidable delay occurs the complainant is notified. 

Second Stage – CHIEF EXECUTIVE 

The Chief Executive or his/her nominated representative will investigate: 

∗ 

∗ 

∗ 

∗ 

∗ 

any complaint he/she wishes to investigate personally. 

those referred by a Director or by a complainant not satisfied with the reply 

from a Director. 

Complaints concerning two or more departments or the authority as a whole. 

Complaints against Elected Members. 

Complaints from Members of Parliament and the Local Ombudsman. 

Third Stage – ELECTED MEMBERS 

You are of course able to complain to your Elected Members, should you feel 

dissatisfied with the response to your complaint from the Council’s officers. This may 

be done either by contacting your own Elected Member, or through the Elected 

Members Surgery held most Saturday mornings at Grosvenor House, George Street, 

Corby. Details relating to your current local Elected Member are included on pages 

1.10-1.11 of this document. 

1.6


Final Stage – ANALYSIS OF RECORDS 

To ensure that problems or adverse trends are tackled without delay, the Council 

considers the complaints that is has received regularly. 

When appropriate, reports are made emphasising common areas that can be 

improved and problems resolved. Any matters requiring more detailed investigations 

are identified and referred to the appropriate section for attention. 

It is anticipated over a period of time, progress towards greater efficiency, improved 

service provision and enhanced customer care will be the result. 

THE LOCAL OMBUDSMAN 

The Local Government Ombudsman investigates complaints against Local 

Authorities where injustice as a result of maladministration has occurred. If you feel, 

having exhausted the procedures detailed earlier, that your Local Government 

Ombudsman could help you, you may wish to contact him. Booklets explaining the 

service are available from the Council’s main offices. 

The Local Ombudsman for the Corby Borough area is: 

Local Government Ombudsman 

The Oaks 

Westwood Way 

Westwood Business Park 

Coventry 

CV4 8JB 

Telephone: (02476) 820000 

Citizen’s may also wish to take advice from the local Citizens Advice Bureau and/or 

Welfare Rights Centre. 

POLICY ON REMEDIES 

The Council will endeavour to remedy any complaints where the Council or its 

Officers are found to be at fault, and where such remedies are both practical, legal 

and can be met from within the financial budget available. 

1.7


Councillor J C Noble 

43 Wheatley Avenue 

Corby 

Northants NN17 1TF 

(LABOUR) 

(01536) 267070 

Councillor R Boyd 

30 Stavanger Close 

Corby 

Northants NN18 9HT 

(CONSERVATIVE) 

(01536) 742954 

CENTRAL 

Councillor J O’Neill 

14 Lundy Avenue 

Corby 

Northants NN18 8BU 

(LABOUR) 

(01536) 399810 

DANESHOLME 

Councillor R Jackson 

10 Hay Close 

Great Oakley, Corby 

Northants NN18 8HX 


(01536) 746206 

EAST 

Councillor M Rodden 

34 Eskdale Avenue 

Corby 

Northants NN17 1ET 


(01536) 395719 

Councillor C Stanbra 

9/10 Skagerrak Close 

Corby 

Northants NN18 9EF 

(LIBERAL DEMOCRAT) 

(01536) 747470 

Councillor M Pengelly 

70 Stephenson Way 

Corby 

Northants NN17 1DB 

(LABOUR) 

(01536) 508659 

Councillor B Wade 

“Signal House” 

6 Oakley Road, Corby 

Northants NN17 1NA 

(LABOUR) 

(01536) 265705 

Councillor A Ferns 

45 Highbrook 

Corby 

Northants NN18 9AZ 

(LABOUR) 

(01536) 747918 

HAZELWOOD 

Councillor P W McEwan 

29 Blake Road 

Corby 

Northants NN18 9LN 

(LABOUR) 

(01536) 407011 

HILLSIDE 

Councillor E D Gordon 

1 Bergen Walk 

Corby 

Northants NN18 9DP 

(LABOUR) 

(01536) 461994 

Councillor R A W Scott 

6 Occupation Road 

Corby 

Northants NN17 1EB 

(LABOUR) 

(01536) 262620 

1.8


Councillor M E Forshaw 

49 Northbrook 

Corby 

Northants NN18 9AU 

(LABOUR) 

(01536) 460872 

KINGSWOOD 

Councillor BB Massie 

46 Northbrook 

Corby 

Northants NN18 9AX 

(LABOUR) 

(01536) 461186 

Councillor W Smith 

C/o Democratic Services 

Grosvenor House 

George St., CORBY 

(INDEPENDENT) 

c/o (01536) 464015 

Councillor P Fawcett 

14 Occupation Road 

Corby 

Northants NN17 1EB 

(LABOUR) 

(01536) 508527 

Councillor J G Addison 

28 White Post Court 

Corby 

Northants NN17 2AG 

(LABOUR) 

(01536) 263024 

LLOYDS 

Councillor S A Hogston 

8 Tanfields Grove 

Corby 

Northants NN17 1HH 


c/o (01536) 464015 

LODGE PARK 

Councillor D S Harley 

29 Rutherglen Road 

Corby 

Northants NN17 1ER 

(LABOUR) 

(01536) 401732 

RURAL EAST 

Councillor J G Kane 

36 Studfall Avenue 

Corby 

Northants NN17 1LB 

(LABOUR) 

(01536) 202996 

Councillor C A Woolmer 

3 Coleridge Way 

Corby 

Northants NN17 2NZ 


(01536) 260900 

Councillor S J Heggs 

10 Grays Drive 

Stanion, Kettering 

Northants NN14 1DE 


(01536) 202908 

Councillor A P Howard 

The Old Shambles 

41 Park St., Kings Cliffe, 

Peterborough PE8 6XN 


(01780 444444) 

RURAL NORTH 

Councillor P C Bromhall 

29 High Street 

Gretton, Corby 

Northants NN17 3DE 

(LIBERAL DEMOCRAT) 

(01536) 770741 

1.9


RURAL WEST 

Councillor R W Rutt 

Woods Farm Cottage 

Pipewell Road, East 

Carlton, Leics LE16 8YD 


(07801 945948) m. 

SHIRE LODGE 

Councillor R Beeby 

14 Yardley Close 

Corby 

Northants NN17 2YE 

(LABOUR) 

(01536) 260281 

Councillor A Torrie 

37 Ashley Avenue 

Corby 

Northants NN17 2ST 


(01536) 393940 

WEST 

Councillor T Beattie 

85 Welland Vale Road 

Corby 

Northants NN17 2AN 

(LABOUR) 

(01536) 394489 

Councillor W Latta 

7 Minehead Close 

Corby 

Northants NN18 0BU 

(LABOUR) 

(01536) 403544 

All written correspondence to Councillors may also be sent c/o Democratic 

Services, Grosvenor House, George Street, Corby, Northamptonshire NN17 

1QB 

Or via - elected.members@corby.gov.uk 

1.10

Part Two - Articles 

PART TWO 

ARTICLES OF THE CONSTITUTION 

2.1


ARTICLE 1 – THE CONSTITUTION 

Contents of the Article 

This Article sets out the fundamental provisions of the Constitution. It confirms that 

the local authority will act within the law and the provisions of this Constitution. It 

defines those documents which comprise the Constitution. 

1.1 Powers of the Council 

The Council will exercise all its powers and duties in accordance with the law and this 

Constitution. 

1.2 The Constitution 

This Constitution, and all its appendices, is the Constitution of the Corby Borough 

Council. 

1.3 Purpose of the Constitution 

1. The purpose of the Constitution is to: 

i) Enable the Council to provide clear leadership to the community in 

partnership with citizens, businesses and other organisations; 

ii) Support the active involvement of citizens in the process of local 

authority decision-making; 

iii) Help Elected Members represent their constituents more effectively; 

iv) Enable decisions to be taken efficiently and effectively; 

v) Create a powerful and effective means of holding decision-makers to 

public account; 

vi) Ensure that no one will review or scrutinise a decision in which they 

were directly involved; 

vii) Ensure that those responsible for decision making are clearly 

identifiable to local people and that they explain the reasons for 

decisions; and 

viii) Provide a means of improving the access to or delivery of services to 

the community, including through the utilisation of electronic 

government. 

1.4 Interpretation and Review of the Constitution 

Where the Constitution permits the Council to choose between different courses of 

action, the Council will always choose that option which it thinks is closest to the 

purposes stated above. 

The Council will monitor and evaluate the operation of the Constitution as set out in 

Article 14. 

2.2


ARTICLE 2 – MEMBERS OF THE COUNCIL 


This Article sets out the composition of the Council, eligibility to stand for election as 

a member of the council and the form of election to be used. It also contains a 

section in which the local authority provides details of the roles and functions of 

members of the council. This Article also deals with the rights and duties of 

members, especially as they affect access to land, buildings, documents and 

information and any confidentiality requirements surrounding the latter. 

2.1 Composition and Eligibility 

a) Composition. The Council will comprise of 29 Members, otherwise called 

Elected Members. One or more Elected Members will be elected by the 

voters of each Ward in accordance with a scheme drawn up by The Electoral 

Commission and approved by the Secretary of State. 

b) Eligibility. Only those qualified to stand as a candidate in local elections 

under statute will be eligible to hold the office of Elected Member. 

2.2 Election and Terms of Elected Members 

Election and terms. The regular election of Elected Members will be held on the 

first Thursday in May every four years beginning in 2003. The terms of office of 

Elected Members will start on the fourth day after being elected and will finish on the 

fourth day after the date of the next regular election. 

2.3 Roles and Functions of All Elected Members 

a) Key Roles (based upon best practise) 

i) collectively be the ultimate policy-makers and carry out a number of 

strategic and corporate management functions; 

ii) contribute to the good governance of the area and actively encourage 

community participation and citizen involvement in decision making; 

iii) effectively represent the interests of their ward and of individual 

constituents; 

iv) respond to constituents’ enquiries and representations, fairly and 

impartially; 

v) participate in the governance and management of the Council; and 

vi) maintain the highest standards of conduct and ethics. 

2.3


b) Rights and duties 

i) Elected Members will have such rights of access to such documents, 

information, land and buildings of the Council as are necessary for the 

proper discharge of their functions and in accordance with the law. 

ii) Elected Members will not make public information which is confidential 

or exempt without the consent of the Council or divulge information 

given in confidence to anyone other than a Elected Member or Officer 

entitled to know it. 

iii) For these purposes, “confidential” and “exempt” information is defined 

in the Access to Information Rules in Part 4 of this Constitution. 

2.4 Conduct 

Elected Members will at all times observe the Members’ Code of Conduct and the 

Protocol on Member/Officer Relations set out in Part 5 of this Constitution. Failure to 

observe the Code of Conduct may result in full or partial suspension from office and 

in extreme cases disqualification from office. 

2.5 Allowances 

Elected Members will be entitled to receive allowances in accordance with the 

Members’ Allowances Scheme set out in Part 6 of this Constitution. This Scheme 

may be reviewed by the Council at its discretion in accordance with relevant 

regulations. 

2.4


ARTICLE 3: CITIZENS AND THE COUNCIL 

Contents of this Article 

This Article sets out what citizens can expect from the Council and what rights they 

have, and what responsibilities. 

3.1 Citizens’ Rights 

Citizens have the following rights. Their rights to information and to participate are 

explained in more detail in the Access to Information Rules in Part 4 of this 

Constitution. 

a) Voting and petitions. Citizens on the electoral roll for the area have the right 

to vote and sign a petition to request a referendum for an elected mayoral 

form of Constitution. 

b) Information. Citizens have the right to: 

i) attend meetings of the Council and its committees except where 

confidential or exempt information is likely to be disclosed and the 

meeting is therefore held in private; 

ii) see reports and background papers and any records of decisions 

made by the Council and the executive; 

iii) inspect the Council’s accounts and make their views known to the 

external auditor; 

iv) Expect the Council to ensure that citizens have equal opportunity of 

access to information, including through the Council’s utilisation of 

information technology; and 

v) Access information held by the Council in accordance with relevant 

legislation. 

c) Participation. Citizens have the right to participate in the Council’s business 

as detailed within the Constitution and the Council’s Public Participation 

Policy. 

d) Complaints. Citizens have the right to complain to: 

i) the Council itself under its corporate complaints scheme; 

ii) the Local Government Ombudsman after using the Council’s own 

complaints scheme; 

iii) the Standards Board for England about a breach of the Elected 

Member’s Code of Conduct. 

3.2 Citizens responsibilities 

Citizens must not be violent, abusive or threatening to Elected Members or Officers 

and must not wilfully harm things owned by the Council, Elected Members or 

Officers. 

2.5


ARTICLE 4 : THE FULL COUNCIL 


This Article details those policy documents & strategy documents which comprise the 

“policy framework” of the Council. This policy framework and the annual budget are 

the responsibility of the full Council. This Article also details the different types of full 

Council meetings, and those matters reserved for full Council to decide. 

4.1 Meanings 

a) Policy Framework The policy framework means the following plans and 

strategies:- 

• Best Value Performance Plan 

• Community Strategy 

• Crime and Disorder Reduction Strategy 

• Plans and Strategies which together comprise the Development Plan 

• Council’s Corporate Plan 

• Food Law Enforcement Service Plan 

• The plan and strategy which comprise the Housing Investment 

Programme 

• Local Agenda 21 Strategy 

• Quality Protects Management Action Plan 

• Culture Strategy 

• Implementing Electronic Government Statement (IEG) 

• Asset Management Plan 

• Capital Strategy Statement 

b) Budget. The budget includes the allocation of financial resources to different 

services and projects, proposed contingency funds, the Council Tax base, 

setting the Council Tax and decisions relating to the control of the Council’s 

borrowing requirements, the control of its capital expenditure and the setting 

of virement limits. 

c) Housing Land Transfer. Housing Land Transfer means the approval or 

adoption of applications (whether in draft form or not) to the Secretary of 

State for approval of a programme of disposal of 500 or more properties to a 

person under the Leasehold Reform, Housing and Urban Development Act 

1993 or to dispose of land used for residential purposes where approval is 

required under sections 32 or 43 of the Housing Act 1985. 

Only the Full Council will exercise the following functions: 

a) adopting and changing the Constitution; 

b) approving or adopting the policy framework, the budget and any application to 

the Secretary of State in respect of any Housing Land Transfer; 

c) agreeing and/or amending the terms of reference for committees or panels, 

deciding on their composition and making appointments to them; 

2.6


d) Adopting an allowances scheme under Article 2; 

e) Changing the name of the area, conferring the title of honorary alderman or 

freedom of the Borough [freedom only applies to Councils with the status of 

cities or Boroughs]; 

f) Appointing representatives to outside bodies unless the appointment has 

been delegated by the Council; 

g) Confirming the appointment of the Head of Paid Service, the s.151 Officer 

and the Monitoring Officer and any other post unless delegated; 

h) Making, amending, revoking, re-enacting or adopting bylaws and promoting 

or opposing the making of local legislation or personal Bills; and 

i) All other matters which by law must be reserved to Council. 

4.2 Council Meetings 

There are three types of Council meeting: 

a) the Annual Meeting 

b) Ordinary meetings 

c) Extraordinary meetings (Special) 

These will be conducted in accordance with the Council Procedure Rules in Part 4 of 

this Constitution. 

2.7


ARTICLE 5 – CHAIRING THE COUNCIL 


This article explains the role of the Mayor. 

5.1 Role and function of the Mayor 

The Mayor will be elected by the Council annually. The Mayor and in their absence, 

the Deputy Mayor will have the following roles and functions: 

a) to uphold and promote the purposes of the Constitution, and to interpret the 

Constitution when necessary as chair of Full Council; 

b) to preside over meetings of the Council so that its business can be carried out 

efficiently and with regard to the rights of Elected Members and the interests 

of the community; 

c) to ensure that the Council meeting is a forum for the debate of matters of 

concern to the local community and the place at which members who do not 

sit on policy committees or hold committee Chairs are able to hold the 

members of the policy committees and committee Chairs to account; 

d) to promote public involvement in the Council’s activities; 

e) to be the conscience of the Council; and 

f) to attend such civic and ceremonial functions as the Council and he/she 

determines appropriate. 

In the event that both the Mayor and the Deputy Mayor are absent Elected Members 

may elect a Chair from their number for the duration of that particular meeting. 

2.8


ARTICLE 6 – OVERVIEW AND SCRUTINY PANELS 


This Article explains the role of overview & scrutiny panels within the Council. These 

panels cannot make decisions on behalf of the Council, but can scrutinise decisions 

made by the council’s policy committees and assist in the development of policy. 

6.1 Terms of Reference 

The Council will appoint the overview and scrutiny panels set out in the left hand 

column of the table below to discharge the functions conferred by section 21 of the 

Local Government Act 2000 or regulations under section 32 of the Local Government 

Act 2000 in relation to the matters set out in the right hand column of the same table. 

More detailed Terms of Reference for each panel are set out in Schedule 1 of Part 4 

of this Constitution. 

Panel 

Overview & Scrutiny Panel 

(consists of 10 elected 

members and up to 3 nonvoting 

co-opted members) 

Scope 

The Panel performs the overview & scrutiny function for the 

Council (except for where it has been delegated to another 

body). A full terms of reference for the Overview & Scrutiny 

Panel may be found within Part 3 of this Constitution. 

6.2 General Role 

With their terms of reference, overview and scrutiny panels will: 

i) make reports and/or recommendations to the full Council and/or any policy, 

and/or area committee in connection with the discharge of any functions. 

ii) Review and/or scrutinise decisions made or actions taken in connection with 

the discharge of any Council function. 

iii) Consider any matter affecting the area or its inhabitants; and 

iv) Exercise the right to call-in, for reconsideration, decisions made but not yet 

implemented by the policy committees. 

2.9


6.3 Specific Functions 

a) Policy development and review. Overview and scrutiny panels may: 

i) assist the Council in the development of its budget and policy 

framework by in-depth analysis of policy issues; 

ii) conduct research, community and other consultation in the analysis of 

policy issues and possible options; 

iii) consider and implement mechanisms to encourage and enhance 

community participation in the development of policy options; 

iv) question members of policy committees and chief officers about their 

views on issues and proposals affecting the area; and 

v) liaise with other external organisations operating in the area, whether 

national, regional or local, to ensure that the interests of local people 

are enhanced by collaborative working. 

b) Scrutiny. Overview and scrutiny panels may: 

i) review and scrutinise the decisions made by and performance of 

committees and council officers both in relation to individual decisions 

and over time; 

ii) review and scrutinise the performance of the Council in relation to its 

policy objectives, performance targets and/or particular service areas; 

iii) question members of committees and chief officers about their 

decisions and performance, whether generally in comparison with 

service plans and targets over a period of time, or in relation to 

particular decisions, initiatives or projects; 

iv) make recommendations to the appropriate committee and/or Council 

arising from the outcome of the scrutiny process; 

v) review and scrutinise the performance of other public bodies in the 

area and invite reports from them by requesting them to address the 

overview and scrutiny committee and local people about their activities 

and performance; and 

vi) question and gather evidence from any person (with their consent). 

c) Finance. Overview and scrutiny panels may exercise overall responsibility 

for the finances made available to them. 

d) Annual report. Overview and scrutiny panels must report annually to full 

Council on their workings and make recommendations for future work 

programmes and amended working methods if appropriate. 

6.4 Proceedings of Overview and Scrutiny Panels 

Overview and scrutiny Panels will conduct their proceedings in accordance with the 

Overview and Scrutiny Procedure Rules set out in Part 4 of this Constitution. 

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6.5 Co-Opted Members 

Full Council has agreed to allow co-opted members to sit on the Council’s 

overview and scrutiny panel. These co-opted members do not have voting 

rights. Co-opted membership of the panel includes:- 

Overview & Scrutiny Panel - 

1 x FORTAC representative 

1 x parish representative 

1 x business community representative 

Nominations for these positions would be sought from the respective 

groups/organisations. Any nominations received for these positions require 

Full Council ratification prior to them taking-up their position on the overview 

and scrutiny panel. Substitution arrangements apply for these positions, 

however no co-opted member may sit or be nominated to sit or nominated to 

act as substitute for more than one position. 

2.11


ARTICLE 7 – POLICY AND OTHER COMMITTEES 


This Article summarises those committees which make decisions and formulate 

policy on behalf of the full Council. These committees comprise of two types, “policy 

committees” which decide political decisions, and “regulatory committees” which 

deal with matters in a non-political manner. 

7.1 Policy Committees 

The Council has one main policy committee, with delegated authority to make 

decisions on behalf of the Council. In addition the Council has established 

two time-limited topic specific policy committees. The functions these 

committees undertake are detailed in Part 3 “Responsibility for Functions” 

within this Constitution. In addition the Council has created a Local Plan 

Committee to oversee and monitor the review of the Local Development Plan. 

One Corby Policy Committee 

(this consists of 13 elected members) 

The formulation of the budget and policy 

framework and the implementation of these 

in respect of all the Council’s functions. 

Full details of the terms of reference of the 

committee may be found in Part 3 of this 

Constitution. 

Parklands Gateway Committee 


To oversee on behalf of the Council the 

authority’s involvement in the Parklands 

Gateway project within the strategy & budget 

set by Full Council. 



Constitution. 

Local Plan Committee 

(effective 21.11.02) 

The membership of this committee consists 

of 5 Elected Members inc. the Chair or Vice- 

Chair of the Development Control Committee 

but not both. No other full member of the 

Development Control Committee should sit 

on this committee. 

To oversee and monitor the review of the 

Local Development Plan, and to submit 

recommendations to Full Council as 

appropriate. 



Constitution. 

Audit & Governance Committee 




Constitution. 

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7.2 Co-Opted Members 

There are no co-opted members on the Council’s policy committees. 

7.3 Regulatory and other committees 

The Council has established committees to deal with regulatory functions. 

These committees do not create council policy, but enforce that policy or 

carry out other statutory duties. The functions these committees undertake 

are detailed in Part 3 “Responsibility for Functions” within this Constitution. 

No co-opted membership of these regulatory committees is permitted under 


Development Control Committee 


of 10 Elected Members. 

Planning and conservation – functions 

relating to town and country planning, 

development control, tree preservation, listed 

buildings. 

Licensing & Regulation Committee 


of 12 Elected Members. 

Taxi, gaming, entertainment, food and 

miscellaneous licensing, health & safety, 

environmental health. To fulfil the Council’s 

responsibilities under the Licensing Act 2003 

and all other duties relating to gambling 

licensing. 

The committees detailed below are not open to the public, but are related to 

the Council’s responsibilities as an employer. 

Employment Appeals Committee 


of 3 Elected Members appointed by Full 

Council or under delegated authority by the 

Chief Executive. 

To consider appeals against dismissal and 

staff disciplinary matters. 

Joint Consultative Committee 

The membership consists of representatives 

of recognised trade unions, management & 

Elected Members. 

To consider matters relating to employment 

relations within the Council. 

2.13


ARTICLE 8 – The Standards Committee 


This Article explains the composition and function of the local authority’s Standards 

Committee. 

8.1 Standards Committee 

The Council meeting will establish a Standards Committee. 

a) Membership. The Standards Committee will be composed of at least: 

• Two people who are not Elected Members or officers of the council or any 

other body having a standards committee (an independent member) 

• One member of a parish council wholly or mainly in the Council’s area (a 

Parish Member). 

• Three Elected Members (of whom at least one should not be a member of 

the political group forming the administration of the Council). 

b) Independent & Parish Member(s). Independent & Parish member(s) will be 

entitled to vote at meetings. 

c) Parish Members. At least one parish member should be included within the 

committee membership. 

d) Chairing the Committee. Neither the Leader, Deputy Leader nor the Chair 

or Vice-Chair of any of the Council’s policy committees may chair the 

Committee. Independent or Parish members may be elected as Chair. 

e) Terms of Office. The Independent members of the Committee will be 

chosen according to the procedure laid down within the Local Government 

Act 2000. Nominations for inclusion on the Standards Committee are required 

to be ratified by full Council. Independent members will be chosen following 

each Local Authority Election or for a period of four years whichever is the 

longer. Independent members will serve until the proceeding Local Authority 

Election or on the expiry of a period of four years. 

Borough Council and Parish Council representatives will be chosen on an 

annual basis; nominations require to be ratified by full Council. 

8.2 Role and Function 

The Standards Committee will have the following roles and functions: 

a) promoting and maintaining high standards of conduct by Elected Members 

and co-opted members; 

b) assisting the Elected Members and co-opted members to observe the 

Members’ Code of Conduct; 

c) advising the Council on the adoption or revision of the Members’ Code of 

Conduct; 

d) monitoring the operation of the Members’ Code of Conduct; 

e) advising, training or arranging to train Elected Members and co-opted 

members on matters relating to the Members Code of Conduct; 

2.14


f) Granting dispensations to Elected Members and co-opted members from 

requirements relating to interests set out in the Members’ Code of Conduct; 

g) Dealing with any reports from a case tribunal or interim case tribunal and any 

report from the monitoring officer on any matter which is referred by an ethical 

standards officer to the monitoring officer; 

h) the exercise of (a) to (g) above in relation to the parish councils wholly or 

mainly in its area and the members of those parish councils; 

i) Consider referrals made by the Standards Board for England under The Local 

Authorities (Code of Conduct) (Local Determination) Regulations 2003. 

8.3 Appointment and ratification of Independent Members 

There are two Independent Member positions on the local Standards 

Committee. When vacancies occur, Full Council shall select an Appointment 

Panel comprising of no more than three elected members. The Leader of the 

Council, the Deputy Leader of the Council, and all serving Standards 

Committee Members are excluded from participation on the Appointment 

Panel. The Panel will meet to consider applications for the vacancy. The 

Panel shall forward their preferred candidate’s nomination to Full Council for 

ratification, prior to that candidate assuming their responsibilities on the local 

Standards Committee. 

The Relevant Authorities (Standards Committee) Regulations 2001 govern the 

composition and appointment of the local Standards Committee. 

2.15


ARTICLE 9 – Area Committees & Forums 


This Article explains the composition and role of both the Council’s Rural Area 

Forum, and other forum established to discuss specific areas of interest. 

9.1 Area Committees and Forums 

The Council may appoint area committees or forums as it sees fit, if it is satisfied that 

to do so will ensure improved service delivery in the context of Best Value and more 

efficient, transparent and accountable decision making. 

The Council will consult with relevant Parish Councils and the Chairs of relevant 

Parish Meetings when considering whether and how to establish area committees or 

forum which affect those areas of the borough. 

9.2 Form, Composition and Function 

a) Table of area forums. The Council will appoint the area forums as set out in 

the first column of the table below, composed as set out in the second column 

of that table and with the terms of reference set out in the third column. 

Name of Committee Composition Terms of Reference 

Rural Area Forum 

As the body is advisory only, 

there is no requirement for 

political balance. 

Borough Elected Members 

from: 

Rural West 

Rural North 

Rural East (x2) 

One member representative 

from: 

East Carlton Parish Council 

Cottingham Parish Council 

Rockingham Parish Meeting 

Middleton Parish Council 

Gretton Parish Council 

Weldon Parish Council 

Stanion Parish Council 

The respective parish clerks 

may also attend but do not 

have voting rights. 

Representative(s) from CPRE, 

NALC, ACRE & NCC and other 

relevant bodies may also attend 

by invitation. 

To advise the Council, through 

both the policy committees and 

the overview & scrutiny panels, 

on identifying issues of particular 

concern to the rural areas of the 

borough, to give a rural 

perspective on issues of boroughwide 

concern, to disseminate 

information from the rural areas to 

the Council and vice versa. 

2.16


9.3 Conflicts of interest – membership of area committees or forums and 

overview and scrutiny panels 

a) Conflict of Interest. If an overview and scrutiny panel is scrutinising specific 

decisions or proposals in relation to the business of the area committee or 

forum of which the Elected Member concerned is a member, then the Elected 

Member may not speak or vote at the overview and scrutiny panel meeting 

unless a dispensation to do so is given by the local Standards Committee. 

b) General policy reviews. Where the overview and scrutiny panel is reviewing 

policy generally, the member must declare his/her interest before the relevant 

agenda item is reached, but need not withdraw. 

9.4 Area Committees or Forums - Access to Information 

Area Committees or Forums will comply with the Access to Information Rules in Part 

4 of this Constitution. All Forums must be chaired by a CBC Elected Member, except 

the Rural Area Forum which may be chaired by the Chair of a Parish Council or the 

Chair of Rockingham Parish Meeting (effective 15.05.03). 

9.5 Other Forum 

The Council has established other forums. The Community Safety Forum is a public 

meeting, to which all citizens are invited to attend and may participate. Membership 

of the Housing Needs Forum and the Health & Welfare Forum are by invitation. 

Forums are able to forward policy issues to the Council for consideration. Any policy 

issues to be raised will be forwarded to the Proper Officer, who will decide the most 

appropriate mechanism for raising the issues within the Council's political structure. 

Community Safety Forum (Ad hoc) 

Terms of reference 

• To provide a forum for the Council, other agencies and the public to discuss issues of 

common concern relating to Community Safety, and discuss measures to improve the 

quality of life for the borough’s citizens. 

• To identify actions and strategies aimed at maintaining and enhancing Community 

Safety in its widest sense. 

• To discuss initiatives/projects within the scope of Community Safety, including progress 

reports on projects resulting from the Crime Safety Audit. 

• To be aware of research and projects in operation elsewhere which may benefit the local 

community. 

• To contribute to the Council’s Crime and Disorder Reduction Strategy, and the Council’s 

Community Strategy. 

Membership 

• All CBC Elected Members 

• The press & public 

• Northamptonshire Police 

• Northamptonshire Fire & Rescue Service 

• FORTAC representatives 

• Parish Council representatives 

• CBC Officers as required 

2.17


Health & Welfare Forum 

Terms of reference 

• To take evidence from organisations and individuals working in the fields of health and 

social welfare within the borough. 

• Commissioning research from Council officers and relevant public bodies on health and 

social conditions in the borough. 

• Producing and monitoring the Community Enhancement Strategy. 

• Making recommendations on specific issues e.g. responses to proposed health service 

changes, and to receive statutory NHS consultations. 

• Review Council policies and priorities (particularly with regard to charging) from an antipoverty 

perspective. 

• Seeking partnership with voluntary and statutory agencies to improve social conditions 

and health services within the borough. 

• To act as the Council’s consultative forum for health and social inclusion issues within 

the borough. 

Housing Needs Forum 

Terms of reference (as amended by former Democracy & Governance Panel 16 th June 

2005) 

• To contribute to the implementation of local, county and regional housing-related 

strategies 

• To exchange information between a variety of stakeholders within the housing sector on 

service delivery and related “good practise” 

• To provide comment and ideas on matters concerning housing and neighbourhood 

services, particularly concerning housing needs, homelessness, housing benefit, 

services funded via Supporting People, mainstream lettings and wider “housing options” 

• To identify investment opportunities within the housing sector 

Membership 

• The appointed Lead Member (Housing) who shall act as Chair of the Forum 

• Representative from the Council’s Overview & Scrutiny Panel 

• Representatives of community bodies 

• Representative from FORTAC 

• Representative(s) from RSLs and service agents 

• Northamptonshire Supporting People 

• Representative from Corby Landlord Forum 

• CBC Officers to attend as required 

2.18


ARTICLE 10 - JOINT ARRANGEMENTS 


This Article explains the criteria for the delegation of the Council’s functions to joint 

arrangements with another external body. 

10.1 Arrangement to promote well-being 

The duty to prepare a community strategy and the power to promote well being are 

closely related to the community leadership role of the Council. 

The Council in order to promote the economic, social and environmental well being in 

its area may: 

a) enter into arrangements or agreements with any person or body; 

b) co-operate with, or facilitate or co-ordinate the activities of, any person 

or body; and 

c) exercise on behalf of that person or body any functions of that person 

or body 

10.2 Joint Arrangements 

a) The Council may establish joint arrangements with one or more local 

authorities and/or their executives to exercise functions in any of the 

participating authorities, or advise the Council. Such arrangements may 

involve the appointment of a joint committee with these other local 

authorities. 

b) Details of any joint arrangements including any delegations to joint 

committees will be found in the Council’s Scheme of Delegations in Part 3 of 


10.3 Access to Information 

The Access to Information Rules in Part 4 of this Constitution apply. 

10.4 Delegation to and from other local authorities 

a) Full Council may delegate functions to another local authority or, in certain 

circumstances, the executive of another local authority. 

b) The decision whether or not to accept a delegation from another local 

authority shall be reserved to Full Council. 

2.19


10.5 Contracting Out 

The Council may contract out to another body or organisation functions which may 

be exercised by an Officer and which are subject to an Order under Section 70 of the 

Deregulation and Contracting Out Act 1994, or under contracting arrangements 

where the contractor acts as the Council’s agent under usual contracting principles, 

provided there is no delegation of the Council’s discretionary decision making. 

2.20


ARTICLE 11 – OFFICERS 


This Article explains the senior management structure of the local authority, and 

defines the statutory role of the Head of Paid Service, the Monitoring Officer and the 

Chief Financial Officer. 

11.1 Management Structure 

a) General. The Full Council may engage such staff (referred to as Officers) as 

it considers necessary to carry out its functions. 

b) Head of Paid Service, Monitoring Officer and Chief Financial Officer. 

The Council will designate the following posts as shown:- 

The Chief Executive should always be the Head of Paid Service but cannot 

also be the Monitoring Officer. The Monitoring Officer and Chief Finance 

Officer may not necessarily be Chief Officers but regardless of their status, 

Councils will need to ensure they have access, as necessary, to meetings 

and that members consult them regularly. 

The duties of both the Monitoring Officer and Chief Finance Officer (apart 

from the administration of the financial affairs of the Council) must be carried 

out personally, but can be carried out by a deputy nominated by them in 

cases of absence or illness. 

Post 

Chief Executive 

Head of Legal & Democratic 

Services 

Corporate Director (Resources) 

Designation 

Head of Paid Service 

Monitoring Officer 

Chief Finance Officer (S151) 

Such posts will have the functions described in Article 12 below: 

c) Structure. The Head of Paid Service will determine and publicise a 

description of the overall departmental structure of the Council showing the 

management structure and deployment of Officers. This is set out at Part 7 of 


11.2 Functions of the Head of Paid Service 

i) Discharge of functions by the Council. The Head of Paid Service will 

report to Full Council on the manner in which the discharge of the Council’s 

function is co-ordinated, the number and grade of Officers required for the 

discharge of functions and the organisation of officers. 

ii) Restrictions on functions. The Head of Paid Service may not be the 

Monitoring Officer but may hold the post of Chief Finance Officer if a qualified 

Accountant. 

2.21


11.3 Functions of the Monitoring Officer 

i Maintaining the Constitution. The Monitoring Officer will maintain an up-todate 

version of the Constitution and will ensure that it is widely available for 

consultation by members, staff and the public. 

ii Ensuring lawfulness and fairness of decision making. After consulting 

with the Head of Paid Service and Chief Finance Officer, the Monitoring 

Officer will report to Full Council 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. Such a report will have the 

effect of stopping the proposal or decision being implemented until the report 

has been considered. 

iii Supporting the Standards Committee. The Monitoring Officer will 

contribute to the promotion and maintenance of high standards of conduct 

through provision of support to the local Standards Committee. 

iv Receiving Reports. The Monitoring Officer will receive and act on reports 

made by Ethical Standards Officers and decisions of the case tribunals. 

v Conducting investigations. The Monitoring Officer will conduct 

investigations into matters referred by Ethical Standards Officers and make 

reports or recommendations in respect of them to the local Standards 

Committee. 

vi Proper Officer for Access to Information. The Monitoring Officer will 

ensure that decisions, together with the reasons for those decisions and 

relevant Officer reports and background papers are made publicly available 

as soon as possible. 

vii Providing advice. The Monitoring Officer will provide advice on the scope of 

powers and authority to take decisions, maladministration, financial 

impropriety, and probity to all Elected Members, and will support and advise 

Elected Members and officers in their respective roles. 

viii Restrictions on posts. The Monitoring Officer cannot be the Chief Finance 

Officer or the Head of Paid Service. 

The current Monitoring Officer is the Head of Legal & Democratic Services. The 

current Deputy Monitoring Officer is the Council’s Democratic Services Manager. 

11.4 Functions of the Chief Finance Officer 

i) Ensuring lawfulness and financial prudence of decision making. After 

consulting with the Head of Paid Service and the Monitoring Officer, the Chief 

Finance Officer will report to Full Council and the Council’s external auditor if 

he/she considers that any proposal, decision or course of action will involve 

incurring unlawful expenditure, or is unlawful and is likely to cause a loss or 

deficiency of if the Council is about to enter an item of account unlawfully. 

ii) Administration of financial affairs. The Chief Finance Officer will have 

responsibility for the administration of the financial affairs of the Council. 

iii) Contributing to corporate management. The Chief Finance Officer will 

contribute to the corporate management of the Council, in particular through 

the provision of professional financial advice. 

2.22


iv) Providing advice. The Chief Finance Officer will provide advice on the 

scope of powers and authority to take decisions, maladministration, financial 

impropriety, and probity to all Elected Members and will support and advise 

Elected Members and officers in their respective roles. 

v) Give financial information. The Chief Finance Officer will provide financial 

information to the media, members of the public and the community as 

required by statute or Council policy. 

11.5 Duty to provide sufficient resources to the Monitoring Officer and Chief 

Finance Officer 

The Council will provide the Monitoring Officer and Chief Finance Officer with such 

officers, accommodation and other resources as are in their opinion sufficient to allow 

their duties to be performed. 

11.6 Conduct 

Officers will comply with the Officers’ Code of Conduct and the Protocol on 

Officer/Member Relations set out in Part 5 of this Constitution. 

11.7 Employment 

The recruitment, selection and dismissal of Officers will comply with the Officer 

Employment Rules set out in Part 4 of this Constitution. 

11.8 Chief Officers. 

The Full Council will engage persons for the following posts, who will be designated 

the Council’s Core Management Team: 

CORE MANAGEMENT TEAM 

Chief Executive (Head of Paid Service) – Mr Chris Mallender 

Corporate Director (Resources) – Mr Paul Hymers 

Corporate Director (Operational Services) – Mr Norman Stronach 

Current Chief Finance Officer (s.151) – Mr Paul Hymers 

Current Monitoring Officer – Mr Simon Aley 

In addition the following comprises the Council’s Heads of Service: - 

HEADS OF SERVICE 

Financial Services – Mr Adrian Sibley 

Regeneration & Growth – Ms Rebecca Yee 

Special Projects – Mr Peter Griggs 

Legal & Democratic Services – Mr Simon Aley 

Culture & Leisure – Mr Chris Stephenson 

Customer First – Mr Tim Marren 

Environmental Quality – Mr Iain Smith 

Neighbourhood Pride – Mrs Angela Warburton 

Assistant Chief Executive – postholder seconded 

2.23


ARTICLE 12 – DECISION MAKING 


This Article describes the procedure for decision making within the local authority. 

12.1 Responsibility for Decision Making 

The Council will issue and keep up to date a record of what part of the Council or 

individual has responsibility for particular types of decisions or decisions relating to 

particular areas or functions. This record is set out in Part 3 of this Constitution. 

12.2 Principles of Decision Making 

All decisions of the Council will be made in accordance with the following principles: 

Good decision making goes beyond observing the often rehearsed legal 

requirements to have regard to all relevant considerations and ignore all 

irrelevant factors set out in Associated Picture Palaces v Wednesbury 

Corporation [1948] IKB223. It involves the realistic evaluation of alternatives 

and due consultation through effective access for the public to decision 

making and decision-makers. 

a) proportionality (i.e. the action must be proportionate to the desired 

outcome); 

b) due consultation and the taking of professional advice from officers; 

c) respect for human rights (see below for further details); 

d) a presumption in favour of openness; and 

e) clarity of aims and desired outcomes. 

12.3 Decision Making by the Full Council 

Subject to Article 13 the Council meeting will follow the Council Procedures Rules set 

out in Part 4 of this Constitution when considering any matter. 

12.4 Decision making by overview and scrutiny panels 

Overview and scrutiny panels will follow the Overview and Scrutiny Procedures Rules 

set out in Part 4 of this Constitution when considering any matter. 

12.5 Decision making by other committees and sub-committees established 

by the Council 

Subject to the paragraph below on “Decision making by Council bodies acting as 

tribunals” other Council committees and sub committees will follow those part of the 

Council Procedures Rules set out in Part 4 of this Constitution as apply to them. 

12.6 Decision making by Council bodies acting as tribunals 

Many of the licensing and enforcement functions of ordinary committees will entail 

them acting in a quasi-judicial capacity. Standards Committees may also need to be 

particularly aware of Article 6 of the European Convention on Human Rights issues. 

The Council, a Elected Member or an Officer acting as a tribunal or in a quasi judicial 

manner or determining/considering (other than for the purposes of giving advice) the 

civil rights and obligations or the criminal responsibility of any person will follow a 

proper procedure which accords with the requirements of natural justice and the right 

to fair trial contained in Article 6 of the European Convention on Human Rights. 

2.24


ARTICLE 13 – FINANCE, CONTRACTS AND LEGAL MATTERS 


This Article sets out the procedures to be adopted for matters of finance, contracts 

and legal proceedings. 

13.1 Financial Management 

The management of the Council’s financial affairs will be conducted in accordance 

with the financial rules set out in Part 4 of this Constitution. 

13.2 Contracts 

Every contract made by the Council will comply with the Contracts Procedure Rules 

set out in Part 4 of this Constitution. 

13.3 Legal Proceedings 

The Head of Legal & Asset Management is authorised to institute, defend or 

participate in any legal proceedings in any case where such action is necessary to 

give effect to decisions of the Council or in any case where the Chief Executive, 

Deputy Chief Executive or Head of Finance considers that such action is necessary 

to protect the Council’s interests. 

13.4 Authentication of documents 

Where any document is necessary to any legal procedure or proceedings on behalf 

of the Council, it will be signed by the Head of Legal & Asset Management or other 

person authorised by him/her, unless any enactment otherwise authorises or 

requires, or the Council has given requisite authority to some other person. 

13.5 Common Seal of the Council 

The Common Seal of the Council will be kept in a safe place in the custody of the 

Head of Legal & Asset Management. A decision of the Council, or of any part of it, 

will be sufficient authority for sealing any document necessary to give effect to the 

decision. The Common Seal will be affixed to those documents, which in the opinion 

of the Head of Legal & Asset Management should be sealed. 

The affixing of the Common Seal to any documents must be attested by two people 

from the following :- 

Elected Members 

Officers 

The Mayor 

The Chief Executive 

The Deputy Mayor 

Corporate Director (Resources) 

The Leader 

Head of Legal & Democratic Services 

The Deputy Leader 

Legal Services Manager 

A Member 

Corporate Director (Operational Services) 

2.25


13.6 Arms of the Council – use or reproduction 

Any application to use or reproduce the Arms granted to the Council will be referred 

to the Chief Executive (or in his/her absence the Democratic Services Manager). In 

consultation with the Mayor (or in their absence the Deputy Mayor), the Chief 

Executive (or in his/her absence the Democratic Services Manager) will refuse or 

grant permission or refer the application to Full Council. 

Any unauthorised use of the Arms of the Council will be reported to the Chief Executive, 

who may determine whether a referral be made to the College of Arms. 

2.26


ARTICLE 14 – REVIEW AND REVISION OF THE CONSTITUTION 


This Article explains the procedure for review and revision of this Constitution. 

14.1 Protocol for monitoring and review of constitution by Monitoring Officer 

A key role for the Monitoring Officer is to be aware of the strengths and weaknesses 

of the Constitution adopted by the Council, and to make recommendations for ways 

in which it could be amended in order to better achieve the purposes set out in Article 

1. In undertaking this task the Monitoring Officer may: 

1. Observe meetings of different parts of the Member and Officer structure; 

2. Undertake an audit trail of a sample of decisions; 

3. Record and analyse issues raised with him/her by Members, Officers, the 

public and other relevant stakeholders; and 

4. Compare practices in this Authority with those in other comparable 

authorities. 

14.2 Changes to the Constitution 

There is a difference in the process required for change to the executive 

arrangements or alternative arrangements than other aspects of the Constitution. 

Proposals to change from one form of executive to another require proper 

consultation, and change from Leader/Cabinet or alternative arrangements to an 

Elected Mayor form, or vice versa, requires a referendum. However, other changes 

may require limited or no consultation. The consultation required should be 

proportionate to the scale, scope and extent of the change proposed. 

a) Approval. Significant changes to the Constitution will only be approved by 

Full Council after consideration of the proposal by the Audit & Governance 

Committee, and consultation with the Council’s Monitoring Officer, unless 

changes are required by the introduction of legislation where they will take 

immediate effect. 

b) Change from a mayoral form of executive to another form of executive 

or to alternative arrangements, or from alternative arrangements to a 

mayoral form of executive. The Council must take reasonable steps to 

consult with local electors and other interested persons in the area when 

drawing up proposals and must hold a binding referendum. The change will 

not take effect until the end of the Mayor’s term of Office. 

c) Change from a Leader and Cabinet form of executive to alternative 

arrangements, or vice versa. The Council must take reasonable steps to 

consult with local electors and other interested persons in the area when 

drawing up proposals. 

2.27


ARTICLE 15 - SUSPENSION, INTERPRETATION AND PUBLICATION OF THE 

CONSTITUTION 


This Article ensures that the articles of the Constitution may not be suspended. It 

does provide for rules of procedure to be suspended provided this is to achieve an 

effect consistent with the purposes of the Constitution set out in Article 1. 

15.1 Suspension of the Constitution 

Limit to suspension. The Articles of this Constitution may not be suspended except 

as detailed. The Rules specified below may be suspended by Full Council to the 

extent permitted within those Rules and the law. 

a) Procedure to suspend. A motion to suspend any rules will not be moved 

without notice unless at least one half of the whole number of Elected 

Members is present. The extent and duration of suspension will be 

proportionate to the result to be achieved, taking account of the purposes of 

the Constitution set out in Article 1 and in compliance with relevant legislation. 

b) Rules capable of suspension. The following Rules may be suspended in 

accordance with Article 15 - 

Rules of Procedure may be suspended (see Part 4 – Rules of Procedure). 

The Chief Executive has power to take urgent action in accordance with 

delegation to officers (see Part 3 – Responsibility for Functions). 

Nothing within this Constitution shall negate the responsibilities/duties of the 

duly appointed local Monitoring Officer or the duly appointed Chief Finance 

Officer in the execution of said responsibilities/duties under the Local 

Government and Housing Act 1989. 

15.2 Interpretation 

The ruling of the Mayor as to the construction or application of this Constitution or as 

to any proceedings of the Council shall not be challenged at any meeting of the 

Council. Such interpretation will have regard to the purposes of this Constitution 

contained in Article 1. 

15.3 Publication 

a) The Chief Executive will give a printed copy of this Constitution to each 

member of the Authority upon delivery to him/her of that individual’s 

declaration of acceptance of office on the member first being elected to the 

Council. 

b) The Monitoring Officer will ensure that copies are available for inspection at 

Council offices, libraries and other appropriate locations, and can be 

purchased by members of the local press and the public on payment of a 

reasonable fee. 

c) The Monitoring Officer will ensure that the summary of the Constitution is 

made widely available within the area and is updated as necessary. 

d) The Monitoring Officer will ensure that the Constitution will be available for 

access on the Council’s Website. 

2.28


ARTICLE 16 - ELECTRONIC GOVERNMENT 


This Article explains the Council’s commitment to the use of electronic government to 

enhance the democratic process and increase public participation. 

16.1 Electronic Service Delivery 

The local authorities in Northamptonshire have agreed to work collaboratively 

wherever possible and have adopted a common partnership statement: 

“Our vision for Northamptonshire is that of a place where public services, which 

reflect the citizen’s needs and aspirations, are delivered efficiently and cost 

effectively. We will use the full potential of electronic service delivery to improve the 

responsiveness and quality of our services. We will provide seamless services to our 

citizens through a joined-up partnership of local authorities and regional bodies whilst 

recognising the diversity of needs across the County and importance of local 

identity”. 

16.2 Objectives 

1. To improve services. 

2. to make customer facing services accessible twenty-four hours a day, seven 

days a week. 

3. To assist our customers, residents, businesses, community groups and 

visitors to communicate with us to develop and improve our services. 

4. To focus our services on the needs of our residents and businesses. 

5. To utilise management information as efficiently as possible. 

6. To deliver as seamless a service as possible to our customers. 

7. To engage our residents, customers and visitors in consultation on issues 

affecting the environment we live and work in. 

8. To utilise our resources in an efficient and effective manner. 

9. To reduce risks of implementing e-government. 

10. To manage the process of change. 

2.29


SCHEDULE 1 : DESCRIPTION OF ALTERNATIVE ARRANGEMENTS 

The following parts of this Constitution constitute the alternative arrangements: 

1. Article 6 (Overview and Scrutiny panels) and the Overview and Scrutiny 

Procedure Rules; 

2. Article 7 (Policy and Regulatory Committees). 

2.30

Part Three – Responsibility for Functions (Members) 

PART THREE 

RESPONSIBILITY FOR FUNCTIONS 

3A.1



All functions of the Local Authority rest with the Council. 

Attached is a copy of the delegation scheme for committees, and the delegation scheme 

for officers. These documents outline areas of responsibility for both committees and 

officers. 

These will be subject to review and modification resulting from amendments by Full 

Council (committees), the Chief Executive (officers), or statutory obligations that may 

3A. 2


FULL COUNCIL 

Matters Reserved to Full Council 

1. Adoption and amendment to the Authority’s Constitution. 

2. Approval or adoption of any of the documents detailed within the agreed “policy 

framework”, the Authority’s Budget and any application to the Secretary of State 

in respect of any Housing Land Transfer. 

3. Agreement and/or amendment of the Terms of Reference for the Authority’s 

Committees, Panels or Forums, deciding on their composition and making 

appointments to them subject to political balance rules. 

4. Confirmation of the appointment of Independent Members and Parish Member to 

the Authority’s local Standards Committee. 

5. Confirmation of the appointment of Co-opted Members to the Authority’s 

Committees/Panels. 

6. To appoint the Chair and Vice Chair for each Municipal Year of the Policy 

Committee, Development Control Committee, Local Plan Committee, Parklands 

Gateway Committee, Licensing and Regulation Committee and the Liquor and 

Entertainment Licensing Committee. 

7. To appoint the Authority’s representatives to any joint committee (as detailed in 

Article 10 of the Authority’s Constitution). 

8. Adoption of a Members Allowance Scheme (under Article 2 of the Authority’s 

Constitution). 

9. Changing the name of the area, conferring the title of honorary Alderman or 

awarding the Freedom of the Borough. 

10. Appointment of representatives to attend outside bodies on behalf of the Authority 

(unless delegated accordingly). 

11. Confirmation and appointment of the Head of Paid Service, the designated Chief 

Finance Officer (s.151 Officer) and the designated Monitoring Officer. 

12. Confirmation and appointment (unless delegated) of any Chief Officer or Deputy 

Chief Officer on the Authority’s staffing establishment (see Appointment Panel 

terms of reference). 

13. All other matters which by law must be reserved to Full Council. 

14. To approve the Authority’s General Fund Estimates, the Authority’s Revenue 

Budget (including any requests for supplementary provision exceeding £100,000) 

and the Authority’s Capital Programme. 

15. The approval of the Housing Revenue Account and the determination of rents for 

Council housing and garages 

16. The award of major contracts where one of the Authority’s contracting 

organisations has been invited to tender. 

17. The appropriation of land between the Authority’s Committees or Panels. 

18. To determine any dispute that may arise between the Council’s Policy 

Committee(s) and its Overview and Scrutiny Panel(s). 

19. To authorise the Chief Executive to establish an Independent Panel to review 

Members Allowance subject to relevant legislation and statutory guidance. 

3A. 3


Function 

Provision of Act or Statutory Instrument 

Duty to appoint an electoral registration 

officer 

Power to assign officer in relation to 

requisitions of the registration officer 

Functions in relation to parishes and parish 

councils 

Power to dissolve small parish councils 

Power to make orders for grouping 

parishes, dissolving groups and seperating 

parishes from groups 

Duty to appoint returning officer for local 

government elections 

Duty to provide assistance at European 

Parliamentary elections 

Duty to divide constituency into polling 

districts 

Power to divide electoral divisions into 

polling districts at local government 

elections 

Powers in respect of holding of elections 

Power to pay expenses properly incurred 

by electoral registration officers 

Power to fill vacancies in the event of 

insufficient nominations 

Duty to declare vacancy in office in certain 

cases 

Duty to give public notice of a casual 

vacancy 

Power to make temporary appointments to 

parish councils 

Power to determine fees and conditions for 

supply of copies of, or extracts from, 

election documents 

Power to submit proposals to the Secretary 

of State for an order under section 10 (pilot 

schemes for local elections in England and 

Wales) of the Representation of the People 

Act 2000 

Section 8(2) of the Representation of the 

People Act 1983 (c.2) (see also 

Representation of the People Act 1985) 


People Act 1983 

Part II of the Local Government and Rating 

Act 1997 (c.29) and subordinate legislation 

under that Part 

Section 10 of the Local Government Act 

1972 


1972 

Section 35 of the Representation of the 


Paragraph 4(3) and (4) of Schedule 1 to 

the European Parliamentary Elections Act 

1978 (c.10) (see also European 

Parliamentary Elections Act 1999) 












1972 


1972 


1972 

Rule 48(3) of the Local Elections (Principal 

Areas) Rules 1986 (SI 1986/2214) and rule 

48(3) of the Local Elections (Parishes and 

Communities) Rules 1986 (SI 1986/2215) 



3A. 4


Function 


Power to change the name of a district 

Power to change the name of a parish 

Power to confer title of honorary alderman 

or to admit to be an honoray freeman 

Power to petition for a charter to confer 

borough status 

Power to make, amend, revoke or re-enact 

byelaws 

Power to promote or oppose local or 

personal Bills 

Duty to approve authority’s statement of 

accounts, income and expenditure and 

balance sheet or record of receipts and 

payments (as the case may be) 

Power to make standing orders 

Power to appoint staff 

Power to make standing orders as to 

contracts 

Power to make payments or provide other 

benefits in cases of maladministration etc 


1972 


1972 

Section 245b of the Local Government Act 

1972 


1972 

Any provision of any enactment (including 

a local Act), whenever passed, and section 

14 of the Interpretation Act 1978 (c.30) 

(see also section 235 of the Local 

Government Act 1972) 


1972 

The Accounts and Audit Regulations 1996 

(SI 1996/590) (see also section 27 of the 

Audit Commission Act 1998 (c.18) 

Section 106 of, and paragraph 42 of 

Schedule 12 to, the Local Government Act 

1972 

Section 112 of the of the Local 

Government Act 1972 


1972 


2000 

NB – 

i. those indicated in italics delegated to the Chief Executive of Corby Borough 

Council. 

3A. 5


ONE CORBY POLICY COMMITTEE 

1. To undertake all duties and responsibilities relating to the formulation of Council 

policy and strategy not otherwise delegated to another Committee, Panel or 

Forum or retained by Full Council. 

2. To act as the main “financial committee” to regulate and control the finances of 

the Council as defined in the Local Government Act 1972. 

3. To keep under review the Council’s Financial Rules and recommend changes to 

Full Council as appropriate. 

4. To approve all supplementary estimates for the General Fund Budget, Housing 

Revenue Account and Capital Programme. 

5. To approve virements between budget heads in excess of £25,000. 

6. To recommend to Full Council the Annual General Fund Budget, Housing 

Revenue Account Budget & Capital Programme. 

7. To co-ordinate the resources of the Council and be responsible for the financial 

and economic management of the Council including making arrangements to 

secure the proper administration of the financial affairs of the Council under the 

provisions of s.151 Local Government Act 1972. 

8. To approve the Annual Statement of Accounts and Statement of Internal Control. 

9. To have responsibility to oversee the provision and management of the Council’s 

landlord/owner function for housing, industrial, commercial and amenity land and 

property. 

10. To have responsibility to oversee the provision and management of Street Scene 

Services (inc. Environmental Cleansing, Refuse Collection, Ground Maintenance 

& Recycling Services). 

11. To have responsibility to oversee the provision and management of leisure, 

recreational & community facilities within the Council’s ownership, together with 

promotion of activities by the Council in relation to these areas either solely by the 

Council or in partnership with other relevant external agencies/bodies. 

12. To determine the Council’s policy and strategy in relation to planning, 

environmental, transportation and regeneration matters unless delegated to 

another Committee, Panel, Forum or Officer. 

13. To have responsibility for responding to external consultations on behalf of the 

Council unless delegated to another Committee, Panel, Forum or Officer. 

14. To determine policy in relation to the Council’s duties and responsibilities as an 

“employer” and in relation to human resources, employee training and 

development and industrial relations issues unless delegated to another 

committee, panel, forum of Officer. 

15. To have responsibility for overseeing the management of the Council’s approach 

to regeneration and economic investment within the Borough including its 

relations with external partners (inc. the local Urban Regeneration Company) 

unless delegated to another Committee, Panel, Forum or Officer. 

16. To determine the senior management structure of the Council including the 

allocation of services/service provision within the structure (appointments to the 

senior management structure to be determined by Full Council or delegated 

Member Panel). 

3A. 6


17. To have responsibility for overseeing policy and strategy in relation to community 

safety including liaison with relevant partners where appropriate. 

18. To determine policy in relation to the Council’s statutory licensing duties and 

responsibilities. 

19. To have responsibility for overseeing policy relating to tourism and the promotion 

of the Borough. 

20. To determine policy concerning the award of grants, donations, contributions and 

other assistance and to establish a sub-committee to implement agreed Council 

policy. 

21. To have overall responsibility for service performance and improvement, 

responding to recommendations from overview & scrutiny, Members, customers, 

officers and other stakeholders where appropriate. 

22. To monitor the Council’s effectiveness in meeting its agreed key objectives as 

contained within the “One Corby” document or any subsequent corporate plan. 

23. To co-ordinate the Council’s response to external inspections from Government 

departments and agencies. 

24. The powers delegated to the Policy Committee may be delegated to a subcommittee 

of its Members unless otherwise prohibited by law and/or the Council’s 

Constitution. Any such sub-committee must have a minimum of 3 Members. 

25. To receive reports from “Lead Members” in relation to issues arising within their 

respective area(s) of responsibility/interest. 

26. To receive reports from the Chief Executive of the Council in relation to actions 

taken by him/her under the Officer Delegation Scheme. 

3A. 7


LOCAL PLAN COMMITTEE 

1. To oversee and monitor on behalf of the Council the review of the Local 

Development Plan/Framework. 

2. To liaise with appropriate external partners in relation to the review of the Local 


3. To approve items for inclusion in the Local Development Plan/Framework. 

4. To approve the strategy of the Local Development Plan. 

5. To approve and recommend the Draft Deposit Plan and the final Plan to Full 

Council for approval/adoption. 

6. To approve the Council’s response to objections. 

7. To approve the statement of Community Involvement. 

8. To consider and make comment on the Project Plan and Timetable to the Project 

Board. 

9. To consider the report on the sustainability of the Plan. 

10. To receive reports from the Project Manager and the Project Board as 

appropriate. 

11. To receive updates from the Council’s representatives on the work of the Joint 

Planning Committee. 

3A. 8


OVERVIEW AND SCRUTINY PANEL 

1. To perform the overview and scrutiny function behalf of the Council unless this 

function is delegated to another Panel or body. 

2. To assist in the formulation and preparation of policy in relation to the services 

provided by the Council, including the Council’s performance against the agreed 

Best Value Performance Plan. 

3. To monitor the performance and quality of services provided by the Council or 

those provided on behalf of the Council by another party. 

4. To consider decisions made by the Policy Committee, and subject to the 

Overview and Scrutiny Procedures Rules, “Call-in” decisions taken for 

consideration/discussion and where appropriate propose amendment to those 

decisions. 

5. To assist with the preparation of the Council’s Annual Budget. 

6. To conduct Elected Member led reviews of services provided by the Council and 

prepare reports following any such review(s) for submission to the Policy 

Committee and/or Full Council as appropriate. 

7. To receive an Annual Report/Presentation from the Leader of the Council and/or 

the Chief Executive in relation to the Council’s proposed priorities and objectives 

for the forthcoming year. 

8. To interview/receive reports from senior officers of the Council in relation to the 

performance of services within their respective management together with 

proposals for future growth/development within their area. 

9. To encourage stakeholder participation through the Council’s consultative 

arrangements and consider how these views are considered by the Council when 

formulating future policy/service improvements. 

10. To contribute to the ongoing development of the Council’s strategic 

policies/objectives and monitor performance against those agreed 

policies/objectives. 

11. To review and contribute to the successful performance of other Government and 

non Government organisations and initiatives operating within the Borough 

including the Police, Health Council and other countywide partnerships. 

3A. 9


AUDIT & GOVERNANCE COMMITTEE 

To act on behalf of the Authority in relation to the following matters:- 

1. All matters pertaining to the governance of the Authority including review of the 

Council’s Constitution, its political arrangements and rules of procedure (subject 

to approval by Full Council unless of a minor nature). 

2. Monitoring the Authority’s response to dealing with customer complaints including 

periodic review of the Authority’s Complaints Procedure. 

3. Arrangements for “Corby Debate Day”, Local Democracy Week and other 

corporate consultative exercises. 

4. The management and operation of the Authority’s “Peoples Panel”. 

5. Freedom of Information and Data Protection. 

6. Elected Members support Services. 

7. Elected Member Training and Development. 

8. The Mayor and Mayoral Services. 

9. Complaints and matters referred to the Local Government Ombudsman 

10. Risk Management 

11. To respond on behalf of the Authority in relation to consultations issued by the 

Electoral Commission and other bodies relating to electoral registration or election 

issues. 

12. To consider the appointment of the external auditor, the audit fee, the provision of 

any non-audit services by the external auditor and any questions of resignation or 

dismissal of the external auditor. 

13. To discuss, if necessary, with the external auditor before the audit commences 

the nature and scope of the audit. 

14. To receive the Annual Audit Plan for the Authority and Annual Internal Audit 

report, addressing key internal control issues as required. 

15. To keep under review the effectiveness of internal control systems, to receive the 

District Audit Management Letter on behalf of the Council and any 

representations and refer any issues requiring attention to the relevant committee 

and/or officer. 

16. To approve the appointment and monitor the performance of the internal audit 

service. 

17. To review the internal audit plan, consider major findings of internal audit 

investigations and management’s response, and promote co-ordination between 

the internal and external auditors. 

18. The approval of the Statement of Accounts and Statement of Internal Control. 

19. To ensure that the Council has satisfactory measures in place to promote 

economy, efficiency and effectiveness. 

20. To approve and review the Council’s Code of Governance and other supporting 

material. 

3A. 10


DEVELOPMENT CONTROL COMMITTEE 

1. To act on behalf of Corby Borough Council as the Local Planning Authority as 

prescribed in statute. 

2. To determine applications for planning permission and other consents unless 

delegated to an appropriate officer. 

3. To determine applications for Hazardous Substances consent. 

4. To determine applications where development would be a departure from the 

agreed Local Plan or Local Development Framework. 

5. To determine applications where the application is to be referred to the Secretary 

of State on direction. 

6. To determine applications where an Environmental Impact Assessment would be 

required. 

7. To determine applications for major development where Corby Borough Council 

is the applicant. 

8. To determine applications where the applicant is an employee of Corby Borough 

Council or a member of their household. 

9. To determine applications where the applicant is an Elected Member or a 

member of their household. 

10. To comment on planning applications submitted to or by other local Planning 

Authorities and statutory undertakers. 

11. To evoke or modify planning permissions. 

12. To designate and amend Conservation Areas. 

13. To declare areas of Special Advertisement Control. 

14. To authorise agreements under s.106 of the Town and Country Planning Act 

1990. 

15. To determine policy in relation to the naming of streets and postal numbering. 

16. To consider and determine any appropriate matters under Building Regulations 

which require an Elected Member decision. 

17. To receive reports relating to action instigated by the local Planning Authority in 

relation to enforcement action. 

3A. 11


To determine issues relating to the functions below, unless delegated to an Officer: 

Function 

Power to determine application for planning 

permission 

Power to determine applications to develop 

land without compliance with conditions 

previously attached 

Power to grant planning permission for 

development already carried out 

Power to decline to determine application 

for planning permission 

Duties relating to the making of 

determinations of planning applications 


permission made by a local authority, alone 

or jointly with another person 

Power to make determinations, give 

approvals and agree certain other matters 

relating to the exercise of permitted 

development rights 

Power to enter into agreement regulating 

development or use of land. 

Power to issue a certificate of existing or 

proposed lawful use or development 

Power to serve a completion notice 

Power to grant consent for the display of 

advertisements 

Power to authorise entry onto land 

Power to require the discontinuance of a 

use of land 

Power to serve a planning contravention 

notice, breach of condition notice or stop 

notice 


Sections 70(1)(a) and (b) and 72 of the 

Town and Country Planning Act 1990 (c.8) 

Section 73 of the Town and Country 

Planning Act 1990 

Section 73A(a) of the Town and Country 


Section 70A of the Town and Country 

Planning Act 1990(a) 

Sections 69, 76 and 92 of the Town and 

Country Planning Act 1990 and Articles 8, 

10 to 13, 15 to 22 and 25 and 26 of the 

Town and country Planning (General 

Development Procedure) Order 1995 (S.I. 

1995/419) and the directions made 

thereunder. 


Planning Act 1990 and the Town and 

Country Planning General Regulations 

1992 (S.I. 1992/1492)(b) 

Parts 6,7,11,17,19,20,21 to 24, 26, 30 and 

31 of Schedule 2 to the Town and Country 

Planning (General Permitted Development) 

Order 1995 (S.I. 1995/418) 



Sections 191(4) and 192(2) of the Town 

and Country Planning Act 1990(c) 

Section 94(2) of the Town and Country 




Country Planning (Control of 

Advertisements) Regulations 1992(d) 


Planning Act 1990(e) 

Section 102 of the Town and country 


Sections 171C, 187A and 183(1) of the 

Town and Country Planning Act 1990(f) 

3A. 12


Function 

Power to issue an enforcement notice 

Power to apply for an injunction restraining 

a breach of planning control 

Power to determine applications for 

hazardous substances consent and related 

powers 

Duty to determine conditions to which old 

mining permissions, relevant planning 

permissions relating to dormant sites or 

active Phase 1 or II sites, or mineral 

permissions relating to mining sites as the 

case may be are to be subject 

Power to require proper maintenance of 

land. 

Power to determine application for listed 

building consent and related powers 


conservation area consent 

Duties relating to applications for listed 

building consent and conservation area 

consent 

Power to serve a building preservation 

notice and related powers 

Power to issue enforcement notice in 

relation to demolition of unlisted building in 

conservation area 

Powers to acquire a listed building in need 

of repair and to serve a repairs notice 

Power to apply for an injunction in relation 

to a listed building 

Power to execute urgent works 



Planning Act 1990(g) 

Section 187B of the Town and Country 

Planning Act 1990(h) 

Sections 9(1) and 10 of the Planning 

(Hazardous Substances) Act 1990 (c.10) 

Paragraph 2(6)(a) of Schedule 2 to the 

Planning and Compensation Act 1991, 

paragraph 9(6) of Schedule 13 to the 

Environment Act 1995 (c.25) and 

paragraph 6(5) of Schedule 14 to that Act. 



Sections 16(1) and (2), 17, 27(2) and 33(1) 

of the Planning (Listed Buildings and 

Buildings in Conservation Areas) Act 1990 

(c.9) 

Section 16(1) of the Planning (Listed 

Buildings and Buildings in Conservation 

Areas Act 1990, as applied by section 

74(3) of that Act (a) 

Sections 13(1) and 14(1) of the Planning 

(Listed Buildings and Buildings in 

Conservation Areas) Act 1990 and 

regulations 3 to 6 and 13 of the Town and 

Country Planning (Listed Buildings and 

Buildings in Conservation Areas) 

Regulations 1990 and paragraphs 8, 15 

and 22 of Department of the Environment 

Circular 14/97 



Conservation Areas) Act 1990 

Section 38 of the Planning (Listed 


Areas) Act 1990 

Sections 47 and 48 of the Planning (Listed 



Section 44A of the Planning (Listed 






3A. 13


Function 

Powers relating to the preservation of trees 

Powers relating to the protection of 

important hedgerows 

The obtaining of information under section 

330 of the Town and Country Planning Act 

1990(a) as to interest in land 


Sections 197 to 214D of the Town and 

Country Planning Act 1990 and the Trees 

Regulations 1999 (S.I. 1999/1892) 

The Hedgerows Regulations 1997 (S.I. 

1997/1160) 

3A. 14


STANDARDS COMMITTEE 

The Standards Committee was established under The Relevant Authorities (Standards 

Committee) Regulations 2001. The Standards Committee is the Standards Committee 

for Corby Borough Council and all parish councils within the Borough Council’s area. 

1. To receive the Monitoring Officer’s Annual Plan and receive reports, relevant to the 

fiunction of the Committee, associated with the implementation of the Plan. 

2. To review the Council’s ethical conduct framework and local protocols within the 

terms of reference of the Committee. 

To determine issues relating to the functions below, unless delegated to an Officer. 

Function 

Promotion and maintenance of high 

standards of conduct by the members 

and co-opted members of the Council 

Assisting members and co-opted 

members of the Council to observe the 

Council’s code of conduct 

Advising the Council on the adoption or 

revision of a code of conduct 

Monitoring the operation of the Council’s 

code of conduct 

Advising, training or arranging to train 

members and co-opted members of the 

Council on matters relating to the 


To grant dispensations to members and 

co-opted members of the Council 

To determine following investigation 

allegations of potential breaches of the 

approved Code of Conduct referred by 

The Standards Board for England 



approved Officer/Member Protocol for 

Corby Borough Council. 

Provision of Act or Statutory 

Instrument 

Local Government Act 2000 Part III c.1 

54(1)(a) 


54(1)(b) 


54(2)(a) 


54(2)(b) 


54(2)(c) 

The Relevant Authorities (Standards 

Committee) (Dispensations) Regulations 

2002 

The Local Authorities (Code of Conduct) 

(Local Determination) Regulations 2003 


(Local Determination) (Amendment) 

Regulations 2004 

Council Constitution 

3A. 15

LIQUOR AND ENTERTAINMENT LICENSING COMMITTEE 


1. Responsibility for undertaking the Authority’s responsibilities under the Licensing 

Act 2003 unless delegated to another Council Committee, sub-committee or 

panel; 

2. The Committee may arrange for the discharge of any functions exercisable by it 

by a sub-committee established by it, or subject to legislation, by an Officer of the 

Licensing Authority; 

3. Arrangements may be made for the discharge of functions under the Licensing 

Act 2003, except those detailed below which are reserved to the committee or to 

a sub-committee established for the discharge of these functions; 

i) determination of application for premises licence where representations 

have been made; 

ii) determination of application for provisional statement where 

representations have been made; 

iii) determination of application for variation of premises licence where 


iv) determination of application to vary designated premises supervisor 

following police objection; 

v) determination of application for transfer of premises licence following 

police objection; 

vi) consideration of police objection made to interim authority notice; 

vii) determination of application for club premises certificate where 


viii) determination of application to vary club premises certificate where 


ix) decision to give counter notice following police objection to temporary 

event notice; 

x) determination of application for grant of personal licence following police 

objection; 

xi) determination of application for renewal of personal licence following 


xii) revocation of licence where convictions come to light after grant etc; 

xiii) determination of application for review of premises licence in a case where 

relevant representations have been made; 

xiv) determination of application for review of club premises certificate in a 

case where relevant representations have been made; 

xv) review following closure order in a case where relevant representations 


4. The Committee, or Sub Committee will determine any application for variation of 

premises licence where Corby Borough Council is the applicant or an agent is 

acting on behalf of Corby Borough Council. 

5. To consider three yearly revisions to the Council’s approved Statement of 

Licensing Policy and any interim amendments to it, and make recommendations 

to Full Council. 

3A. 16



Function 

Power to register pool promoters 

Power to grant track betting licences. 

Power to licence inter-track betting 

schemes 

Power to grant permits in respect of 

premises with amusement machines 

Power to register societies wishing to 

promote Lotteries 


premises where amusements with prizes 

are provided 

Power to issue cinema and cinema club 

licences 


Schedule 2 to the Betting, Gaming and 

Lotteries Act 1963 (c.2)(c) 


Lotteries Act 1963(d) 

Schedules 5ZA to the Betting, Gaming and 

Lotteries Act 1963(e) 

Schedule 9 to the Gaming Act 1968 (c.65) 

Schedule 1 to the Lotteries and 

Amusements Act 1976 (c.32)(b) 


Amusements Act 1976 (c) 

Section 1 of the Cinema Act 1985 (c.13) 

Power to issue theatre licences Sections 12 to 14 of the Theatres Act 1968 

(c.54)(d) 

3A. 17


LICENSING AND REGULATION COMMITTEE 


Function 

Power to issue licences authorising the use 

of land as a caravan site (“site licences”) 

Power to licence the use of moveable 

dwellings and camping sites 

Power to licence hackney carriages and 

private hire vehicles 

Power to licence drivers of hackney 

carriages and private hire vehicles 

Power to licence operators of hackney 

carriages on private hire vehicles 

Power to licence sex shops and sex 

cinemas 

Power to licence performances of 

hypnotism 

Power to licence premises for acupuncture, 

tattooing, ear-piercing and electrolysis 

Power to licence pleasure boats and 

pleasure vessels 

Power to register door staff 


Section 3(3) of the Caravan Sites and 

Control of Development Act 1960 (c.62) 

Section 269(1) of the Public Health Act 

1936 (c.49) 

a) as to hackney carriages, the Town 

Police Clauses Act 1847 (10&11 Vict. 

C.89) as extended by section 171 of 

the Public Health Act 1875 (38 & 39 

Vict. C.55) and section 15 of the 

Transport Act 1985 (c.67); and sections 

47, 57, 58, 60 and 79 of the Local 

Government (Miscellaneous 

Provisions) Act 1976 (c.57); 

b) as to private hire vehicles, sections 48, 

57, 58, 60 and 79 of the Local 


Provisions) Act 1976. 

Sections 51, 53, 54, 59, 61 and 79 of the 

Local Government (Miscellaneous 


Sections 55 to 58, 62 and 79 of the Local 

Government (Miscellaneous Provisions) 

Act 1976 

The Local Government (Miscellaneous 

Provisions) Act 1982, section 2 and 

Schedule 3. 

The Hypnotism Act 1962 (c.46) 

Sections 13 to 17 of the Local Government 

(Miscellaneous Provisions) Act 1982 

Section 94 of the Public Health Acts 

Amendment Act 1907 (c.53)(e) 

Paragraphs 1(2) and 9 of Schedule 12 to 

the London Government Act 1963 (c.33) 

and Part V of the London Local Authorities 

Act 1995 (c.x) 

3A. 18


Function 

Power to licence market and street trading 

Power to licence night cafes and take away 

food shops 

Duty to keep list of persons entitled to sell 

non medicinal poisons 

Power to licence dealers in game and the 

killing and selling of game 

Power of register and licence premises for 

the preparation of food 

Power to licence scrap yards 

Power to issue, amend or replace safety 

certificates (whether general or special) for 

sports grounds 

Power to issue, cancel, amend or replace 

safety certificates for regulated stands at 



Part III of and Schedule 4 to, the Local 


Act 1982, Part III of the London Local 

Authorities Act 1990 (c.vii) and section 6 of 

the London Local Authorities Act 1994 

(c.xiii) 

Section 2 of the Late Night Refreshment 

Houses Act 1969 (c.53)(f), Part II of the 

London Local Authorities Act 1990 and 

section 5 of the London Local Authorities 

Act 1994. 

Sections 3(1)(b)(ii), 5, 6 and 11 of the 

Poisons Act 1972 (c.66)(g) 

Sections 5,6,17,18 and 21 to 23 of the 

Game Act 1831 (c.32); sections 2 to 16 of 

the Game Licensing Act 1860 (c.90), 

section 4 of the Customs and Inland 

Revenue Act 1883 (c.10), sections 12(3) 

and 27 of the Local Government Act 1874 

(c.73) and section 213 of the Local 

Government Act 1972 (c.70) 

Section 19 of the Food Safety Act 1990 

(c.16) 

Section 1 of the Scrap Metal Dealers Act 

1964 (c.69) 

The Safety of Sports Grounds Act 1975 

(c.52)(a) 

Part III of the Fire Safety and Safety of 

Places of Sport Act 1987 (c.27) 

Power to issue fire certificates Section 5 of the Fire Precautions Act 1971 

(c.40) 

Power to licence premises for the breeding 

of dogs 

Power to licence pet shops and other 

establishments where animals are bred or 

kept for the purposes of carrying on a 

business 

Section 1 of the Breeding of Dogs Act 1973 

(c.60) and Section 1 of the Breeding and 

Sale of Dogs (Welfare) Act 1999 (c.11) 

Section 1 of the Pet Animals Act 1951 

(c.35)(b); section 1 of the Animal Boarding 

Establishments Act 1963 (c.43)(c); the 

Riding Establishments Act 1964 and 1970 

(1964 c.70 and 1970 c.70)(d); section 1 of 

the Breeding of Dogs Act 1973 (c.60)(e) 

and sections 1 and 8 of the Breeding and 

Sale of Dogs (Welfare) Act 1999 

3A. 19


Function 

Power to register animal trainers and 

exhibitors 


Section 1 of the Performing Animals 

(Regulation) Act 1925 (c.38)(f) 

Power to licence zoos Section 1 of the Zoo Licensing Act 1981 

(c.37)(g) 

Power to licence dangerous wild animals Section 1 of the Dangerous Wild Animals 

Act 1976 (c.38) 

Power to licence knackers’ yards Section 4 of the Slaughterhouses Act 1974 

See also the Animal by-products Order 

1999 (S.I. 1999/646). 

Power to licence the employment of 

children 

Power to approve premises for the 

solemnisation of marriages 

Power to register common land or town or 

village greens, except where the power is 

exercisable solely for the purpose of giving 

effect to:- 

a) an exchange of lands effected by 

an order under section 19(3) of, or 

paragraph 6(4) of Schedule 3 to, 

the Acquisition of Land Act 1981 

(c.67) or 

b) an order under section 147 of the 

Inclosure Act 1845 (c.8&9 Vict 

C.118) 

Power to register variation of rights of 

common 

Power to grant consent for the operation of 

a loudspeaker 

Power to grant a street works licence 

Power to licence agencies for the supply of 

nurses 

Power to issue licences for the movement 

of pigs 

Power to licence the sale of pigs 

Part II of the Children and Young Persons 

Act 1933 (c.33), byelaws made under that 

Part and Part II of the Children and Young 

Persons Act 1963 (c.37) 

Section 46A of the Marriage Act 1949 

(c.76) and the Marriages (Approved 

Premises) Regulations 1995 (S.I. 

1995/510)(h) 

Regulation 6 of the Commons Registration 

(New Land) Regulations 1969 (S.I. 

1969/1843) 

Regulation 29 of the Commons 

Registration (General) Regulations 1966 

(S.I. 1966/1471 (a). 

Schedule 2 to the Noise and Statutory 

Nuisance Act 1993 (c.40) 

Section 50 of the New Roads and Street 

Works Act 1991 (c.22) 

Section 2 of the Nurses Agencies Act 1957 

(c.16) 

Article 12 of the Pigs (Records, 

Identification and Movement) Order 1995 

(S.I. 1995/11) 



3A. 20


Function 

Power to licence collecting centres for the 

movement of pigs 

Power to issue a licence to move cattle 

from a market 

Power to sanction use of parts of buildings 

for storage of celluloid 

Power to approve meat product premises 


production of minced meat or meat 

preparations 

Power to approve dairy establishments 

Power to approve egg product 

establishments 

Power to issue licences to retail butchers 

shops carrying out commercial operations 

in relation to unwrapped raw meat and 

selling or supplying both raw meat and 

ready to eat foods 

Power to approve fish products premises 

Function 

Power to approve dispatch or purification 

centres 

Power to register auction and wholesale 

markets 

Duty to keep register of food business 

premises 

Power to register food business premises 

Functions under any of the “relevant 

statutory provisions” within the meaning of 

Part 1 (health, safety and welfare in 

connection with work and control of 

dangerous substances) of the health and 

Safety at Work etc Act 1974, to the extent 

that those functions are discharged 

otherwise than in the Authority’s capacity 

as an employer. 




Article 5(2) of the Cattle Identification 


Section 1 of the Celluloid and 

Cinematograph Film Act 1922 (c.35) 

Regulations 4 and 5 of the Meat Products 

(Hygiene) Regulations 1994 (S.I. 

1994/3082)(d) 

Regulation 4 of the Minced Meat and Meat 

Preparations (Hygiene) Regulations 1995 

(S.I. 1995/3205) 

Regulations 6 and 7 of the Dairy Products 


1995/1086)(e) 

Regulation 5 of the Egg Products 


Schedule 1A of the Food Safety (General 

Food Hygiene) Regulations 1995 (S.I. 

1995/1763)(a) 

Regulation 24 of the Food Safety (Fisher 

Products and Live Shellfish) (Hygiene) 



Regulation 11 of the Food Safety (Fishery 






Regulation 5 of the Food Premises 

(Registration) Regulations 1991 (S.I. 

1991/2828) 


(Registration) Regulations 1991 

Part 1 of the Health and Safety at Work etc 

Act 1974 (C.37) (b) 

3A. 21


Any function relating to contaminated land 

The discharge of any function relating to 

the control of pollution or the management 

of air quality 

The service of an abatement notice in 

respect of a statutory nuisance 

The passing of a resolution that Schedule 1 

to the Noise and Statutory Nuisance Act 

1993 should apply in the authority’s area 

The inspection of the Authority’s area to 

detect any statutory nuisance 

The investigation of any complaint as to the 

existence of a statutory nuisance 

Part 11A of the Environmental Protection 



See the Pollution Prevention and Control 

Act 1999 (c.24) Part IV of the Environment 

Act 1995 (c.25), Part 1 of the 

Environmental Protection Act 1990 (c.43) 

and the Clean Air Act 1993 (c.11) 

Section 80(1) of the Environmental 

Protection Act 1990 

Section 8 of the Noise and Statutory 


Section 79 of the Environmental Protection 

Act 1990 


Act 1990 

3A. 22


PARKLANDS GATEWAY COMMITTEE 

1. To be responsible for overseeing and monitoring the Council’s involvement in the 

Parklands Gateway Project within the policies, strategies and budget agreed by Full 

Council. 

2. To hold delegated authority to agree resolutions within the policies, strategies and 

budget agreed by Full Council in furtherance to the Council’s interest and/or 

involvement in the Parklands Gateway Project. 

3. The Chair and/or Vice Chair of the Committee shall present regular update reports on 

the Parklands Gateway Project to the Overview & Scrutiny Panel on a quarterly 

basis. 

4. The Committee shall be responsible for overseeing the Council’s working 

arrangements with relevant partners involved in the Parklands Gateway Project, 

including the appointment of specialist consultants/project managers in furtherance of 

the Council’s involvement in the Project within agreed budgets. 

5. To receive regular updates from Officers on progress made against the agreed 

project plan(s) in relation to the Parklands Gateway Project. 

6. To receive updates on and monitor the development of the Council’s One Stop Shop 

facility including arrangements for the interim scheme located within Grosvenor 

House. 

7. To receive updates on the E Government/Customer Care programme. 

3A. 23


APPOINTMENT PANEL 

A Panel established by Full Council to interview candidates shortlisted for senior 

management positions within the Council in line with agreed Council policy/procedure. 

The Panel will consist of 5 Elected Members and be subject to political balance rules. In 

the event that a member of the Panel is unable to attend the Chief Executive will liaise 

with the member’s respective political group to obtain a substitute for the Panel meeting. 

The Chief Executive as Proper Officer, in consultation with the Human Resources 

Manager, shall convene meetings of the Panel where necessary. 

Interview only (appointment subject to 

Full Council approval) 

• Chief Executive 

• Corporate Director (Resources) 

• Corporate Director (Operations) 

• The post designated as “Head of 

Paid Service” (if not one of the 

above) 

• The post designated as “Chief 

Financial Officer” (if not one of the 

above) 

• Head of Legal & Monitoring Officer 

(whilst designated “Monitoring 

Officer”) 

Interview & Appointment • Head of Planning & Economic 

Regeneration 

• Head of Financial Services 

• Head of Community & Culture 

• Head of Corporate Development 

• Head of Street Scene Environment & 

Technical 

• Head of Special Projects 

• Head of Housing 

• Assistant Chief Executive 

• Development Manager 

• Human Resources Manager 

Posts not detailed above would be subject to the normal interview & appointment 

procedure of the Council and not require Elected Member involvement. 

3A. 24


JOINT CONSULTATIVE COMMITTEE 

1. Objectives 

Without prejudice to the right of management to manage and employees to make 

representation through their recognised Trade Union the general objectives of 

Corby Borough Council Joint Consultative Committee are:- 

1.1 To act as a forum for consultation between employer and employee 

representatives about matters concerning and effecting the employment of staff 

throughout the Authority. 

1.2 To bring together management and employee representatives in consultation with 

the objective of maintaining an efficient service and service delivery. 

1.3 To discuss employment conditions and law and the effects of the implementation 

of matters which have been prescribed or recommended at national, provincial or 

local level. 

1.4 To give the employee wider understanding and greater responsibility in these 

matters. 

1.5 To give the employer and management a wider understanding of issues effecting 

the employees. 

2.0 Functions 

In pursuance of the objectives of Corby Borough Council Joint Consultative 

Committee, the following are stated as specific matters for consideration:- 

2.1 To consult on operational and policy issues being proposed by management 

which should be explained to the employees collectively with the purpose of 

affording them an opportunity of seeking the views of their members and 

encouraging a sense of personal involvement. 

2.2 To discuss with the aim of jointly reviewing any CBC policy/procedure (with 

regard to matters of employment), that are failing and periodically review all CBC 

policy/procedure (with regard to matters of employment), to ensure compliance 

with the national agreement where no local agreement has been set. 

2.3 To consider issues and Local/National proposals to promote equality of 

opportunity. 

2.4 To discuss issues that may potentially effect the employees of CBC set out or 

proposed by Government. 

2.5 To investigate any other circumstances conducive to the efficiency and 

satisfactory running of Council services. 

2.6 To consider content and conduct of training programmes, refresher courses and 

procedures for selection and promotion. 

3.0 Membership 

The Committee shall be made up of representatives from the employer, the 

employees and management. 

3.1 Employee Representation shall be proportionate throughout the four recognised 

Trade Unions within the Corby Borough Council:- 

AMACUS – 2 representatives 

GMB – 1 representative 

UCATT – 2 representatives 

3A. 25


UNISON – 4 representatives 

Employee representatives must be employees of CBC and Officials of their 

recognised Union i.e. a Steward, representative or on the executive Committee 

for their branch. 

The employee representatives shall hold their seats for the period of one year and 

be eligible for re-appointment or re-election. 

The Trade Union representatives shall submit the names of their representatives 

forming the employee side of the Committee to Committee Services no later than 

June of each year. In the event of an employee representative resigning from the 

Union or as an Official they must renounce their seat on the JCC. 

3.2 Employer’s Representatives shall consist of 5 Elected Members to be appointed 

by Council each year. Political balance rules must be taken into account. 

The employers shall submit the names of their representatives forming the 

employer’s side of the committee to the Chief Executive no later than June of 

each year, however in the event of a local election names shall be submitted no 

later than the end of June. 

3.3 Management representation shall consist of a member of the Core Management 

team and the Human Resources Manager. All Heads of Service shall also 

represent management where relevant but will not have a seat on the Committee. 

3.4 Both employer and employee sides of the Committee shall be entitled to 

substitute representation in the event of any nominated Committee member being 

unable to attend the meeting of the JCC. 

The Employers side substitute arrangements shall be arranged in accordance 

with the Council’s scheme for substitute members and the substitute sent must be 

an Elected Member of Corby Borough Council. 

Each of the Trade Unions forming the Employee side shall undertake their own 

substitute arrangements; the substitute sent must be a member of the relevant 

Trade Union from the Branch that covers Corby Borough Council. 

3.5 Vacancies on either side shall be filled as they arise. 

4.0 Chair and Vice Chair 

4.1 The Committee at the first meeting of the Civic Year shall elect the Chair from 

either the employer’s or employee’s side, alternating each year. 

4.2 The Committee, at the first meeting of the Civic Year shall appoint the Vice Chair 

from the side which does not hold the Chair. 

4.3 In the event of the Chair being absent the Vice Chair shall preside. 

5.0 Advisers 

5.1 Members of the Committee shall have the right to have in attendance persons 

with specialised knowledge in a consultative or advisory capacity. Such 

attendants shall be notified to Committee Services as with the agenda item. 

6.0 Rules and Regulations 

6.1 The Corby Borough Council JCC is a consultative committee, it does not have 

any decision making or negotiating powers nor shall it have any delegated power. 

6.2 Meetings shall be held every 2 months unless otherwise agreed by Committee, 

but no less than 6 times a year. 

6.3 The employee and management both have the right to request a special meeting, 

the meeting will take place within seven working days of a request to the Chief 

3A. 26


Executive, in the event of a special meeting being requested the Chair and Vice 

Chair will be informed. 

6.4 The matters to be discussed at JCC shall be submitted to Committee Services no 

later than 2 weeks prior to the meeting being held. Items not present on the 

Agenda will not be discussed unless the Chair rules that the matter is urgent. 

6.5 The Committee Services Manager will be responsible for the administration for 

the Committee and minutes shall be circulated to all members of the Committee 

and all Elected Members no later than 5 working days before the next meeting. 

6.6 Quorum shall be constituted by a member of the Core Management Team, 3 

Elected Members and three authorised employee reprentatives. 

6.7 Employee representatives from one of the recognised trade unions may “by 

proxy” raise issues on behalf of another recognised trade union where requested 

to do so. 

6.8 Separate meetings of the employer’s side and of the employee’s side may take 

place immediately prior to the meeting of the JCC, facilities for this purpose will be 

convenient for the venue of the meeting. 

6.9 Matters relating to individual cases will not be discussed in any circumstances, 

however, in meeting the objectives and functions of the Committee, work place 

policy or procedure matters arising from such cases will be discussed in line with 

function 2.1 and 2.2. 

6.10 The minutes of the JCC shall be presented to the Policy Committee where any 

necessary decisions can be made. 

6.11 The JCC Constitution shall be reviewed every 12 months. 

Glossary 

JCC 

CBC 

Core Management 

Employee 

Employer 

Management 

Advisor 


Corby Borough Council 

Chief Executive, 2 Corporate Directors 

Representatives from the recognised Trade Unions 

Elected Members of the Council 

Heads of Service 

A person of specialist knowledge either internal or external 

3A. 27


SAFETY COMMITTEE 

1. To provide a forum for employee representatives and management to submit and 

discuss issues which affect employee’s health and safety in the workplace. 

2. To provide an opportunity for the Safety Officer to raise matters of general 

concern with respect to employees health and safety in the workplace and in 

particular to receive reports as appropriate on:- 

a) a description of all reportable injuries, disease and dangerous occurrences 

that have occurred since the last meeting, together with details of remedial 

action taken. 

b) Details of any new health and safety legislation directly or indirectly 

affecting the organisation, together with details of any action that may be 

necessary. 

c) Information on the outcome of any safety monitoring activities undertaken 

during the month e.g. safety inspections of specific areas and any risk 

assessment and control measures that result from this. 

d) Any other matters which in the opinion of the Secretary and the 

Chairperson needs a decision from the Safety Committee. 

3. To monitor and review working arrangements for health and safety including the 

Council’s Statement of Health and Safety. 

4. To act as a focus for joint participation in the prevention of accidents, incidents 

and occupational ill health. 

5. To be the forum for consultation on revised policies, procedures and guidance in 

the prevention of accidents, incidents and occupational ill health. 

6. To act as a sign post for strategic issues to be dealt with by the Risk Management 

Group and to receive reports back on issues raised. 

7. To contribute to the development of the Council’s Strategic and Operational Risk 

Register. 

3A. 28


EMPLOYMENT APPEALS PANEL 

The Panel will consist of 3 Elected Members and be subject to political balance rules. 

Membership will be nominated by the respective political groups on request from the 

Proper Officer. 

1. To consider and determine appeals by officers against the implementation of 

disciplinary or termination of employment procedures and to consider and determine 

appeals under the grievance procedure. 

3A. 29


PART THREE – 3A 


3A.1



All functions of the Local Authority rest with the Council. 

Attached is a copy of the delegation scheme for committees, and the delegation scheme 

for officers. These documents outline areas of responsibility for both committees and 

officers. 

These will be subject to review and modification resulting from amendments by Full 

Council (committees), the Chief Executive (officers), or statutory obligations that may 

3A. 2


FULL COUNCIL 

Matters Reserved to Full Council 

1. Adoption and amendment to the Authority’s Constitution. 

2. Approval or adoption of any of the documents detailed within the agreed “policy 

framework”, the Authority’s Budget and any application to the Secretary of State 

in respect of any Housing Land Transfer. 

3. Agreement and/or amendment of the Terms of Reference for the Authority’s 

Committees, Panels or Forums, deciding on their composition and making 

appointments to them subject to political balance rules. 

4. Confirmation of the appointment of Independent Members and Parish Member to 

the Authority’s local Standards Committee. 

5. Confirmation of the appointment of Co-opted Members to the Authority’s 

Committees/Panels. 

6. To appoint the Chair and Vice Chair for each Municipal Year of the Policy 

Committee, Development Control Committee, Local Plan Committee, Parklands 

Gateway Committee, Licensing and Regulation Committee and the Liquor and 

Entertainment Licensing Committee. 

7. To appoint the Authority’s representatives to any joint committee (as detailed in 

Article 10 of the Authority’s Constitution). 

8. Adoption of a Members Allowance Scheme (under Article 2 of the Authority’s 

Constitution). 

9. Changing the name of the area, conferring the title of honorary Alderman or 

awarding the Freedom of the Borough. 

10. Appointment of representatives to attend outside bodies on behalf of the Authority 

(unless delegated accordingly). 

11. Confirmation and appointment of the Head of Paid Service, the designated Chief 

Finance Officer (s.151 Officer) and the designated Monitoring Officer. 

12. Confirmation and appointment (unless delegated) of any Chief Officer or Deputy 

Chief Officer on the Authority’s staffing establishment (see Appointment Panel 

terms of reference). 

13. All other matters which by law must be reserved to Full Council. 

14. To approve the Authority’s General Fund Estimates, the Authority’s Revenue 

Budget (including any requests for supplementary provision exceeding £100,000) 

and the Authority’s Capital Programme. 

15. The approval of the Housing Revenue Account and the determination of rents for 

Council housing and garages 

16. The award of major contracts where one of the Authority’s contracting 

organisations has been invited to tender. 

17. The appropriation of land between the Authority’s Committees or Panels. 

18. To determine any dispute that may arise between the Council’s Policy 

Committee(s) and its Overview and Scrutiny Panel(s). 

19. To authorise the Chief Executive to establish an Independent Panel to review 

Members Allowance subject to relevant legislation and statutory guidance. 

3A. 3


Function 


Duty to appoint an electoral registration 

officer 

Power to assign officer in relation to 

requisitions of the registration officer 

Functions in relation to parishes and parish 

councils 

Power to dissolve small parish councils 

Power to make orders for grouping 

parishes, dissolving groups and seperating 

parishes from groups 

Duty to appoint returning officer for local 

government elections 

Duty to provide assistance at European 

Parliamentary elections 

Duty to divide constituency into polling 

districts 

Power to divide electoral divisions into 

polling districts at local government 

elections 

Powers in respect of holding of elections 

Power to pay expenses properly incurred 

by electoral registration officers 

Power to fill vacancies in the event of 

insufficient nominations 

Duty to declare vacancy in office in certain 

cases 

Duty to give public notice of a casual 

vacancy 

Power to make temporary appointments to 

parish councils 

Power to determine fees and conditions for 

supply of copies of, or extracts from, 

election documents 

Power to submit proposals to the Secretary 

of State for an order under section 10 (pilot 

schemes for local elections in England and 

Wales) of the Representation of the People 

Act 2000 


People Act 1983 (c.2) (see also 

Representation of the People Act 1985) 



Part II of the Local Government and Rating 




1972 


1972 



Paragraph 4(3) and (4) of Schedule 1 to 

the European Parliamentary Elections Act 

1978 (c.10) (see also European 

Parliamentary Elections Act 1999) 












1972 


1972 


1972 

Rule 48(3) of the Local Elections (Principal 

Areas) Rules 1986 (SI 1986/2214) and rule 

48(3) of the Local Elections (Parishes and 

Communities) Rules 1986 (SI 1986/2215) 



3A. 4


Function 


Power to change the name of a district 

Power to change the name of a parish 

Power to confer title of honorary alderman 

or to admit to be an honoray freeman 

Power to petition for a charter to confer 

borough status 

Power to make, amend, revoke or re-enact 

byelaws 

Power to promote or oppose local or 

personal Bills 

Duty to approve authority’s statement of 

accounts, income and expenditure and 

balance sheet or record of receipts and 

payments (as the case may be) 

Power to make standing orders 

Power to appoint staff 

Power to make standing orders as to 

contracts 

Power to make payments or provide other 

benefits in cases of maladministration etc 


1972 


1972 


1972 


1972 

Any provision of any enactment (including 

a local Act), whenever passed, and section 

14 of the Interpretation Act 1978 (c.30) 

(see also section 235 of the Local 



1972 

The Accounts and Audit Regulations 1996 

(SI 1996/590) (see also section 27 of the 

Audit Commission Act 1998 (c.18) 

Section 106 of, and paragraph 42 of 

Schedule 12 to, the Local Government Act 

1972 

Section 112 of the of the Local 

Government Act 1972 


1972 


2000 

NB – 

i. those indicated in italics delegated to the Chief Executive of Corby Borough 

Council. 

3A. 5


ONE CORBY POLICY COMMITTEE 

1. To undertake all duties and responsibilities relating to the formulation of Council 

policy and strategy not otherwise delegated to another Committee, Panel or 

Forum or retained by Full Council. 

2. To act as the main “financial committee” to regulate and control the finances of 

the Council as defined in the Local Government Act 1972. 

3. To keep under review the Council’s Financial Rules and recommend changes to 

Full Council as appropriate. 

4. To approve all supplementary estimates for the General Fund Budget, Housing 

Revenue Account and Capital Programme. 

5. To approve virements between budget heads in excess of £25,000. 

6. To recommend to Full Council the Annual General Fund Budget, Housing 

Revenue Account Budget & Capital Programme. 

7. To co-ordinate the resources of the Council and be responsible for the financial 

and economic management of the Council including making arrangements to 

secure the proper administration of the financial affairs of the Council under the 

provisions of s.151 Local Government Act 1972. 

8. To approve the Annual Statement of Accounts and Statement of Internal Control. 

9. To have responsibility to oversee the provision and management of the Council’s 

landlord/owner function for housing, industrial, commercial and amenity land and 

property. 

10. To have responsibility to oversee the provision and management of Street Scene 

Services (inc. Environmental Cleansing, Refuse Collection, Ground Maintenance 

& Recycling Services). 

11. To have responsibility to oversee the provision and management of leisure, 

recreational & community facilities within the Council’s ownership, together with 

promotion of activities by the Council in relation to these areas either solely by the 

Council or in partnership with other relevant external agencies/bodies. 

12. To determine the Council’s policy and strategy in relation to planning, 

environmental, transportation and regeneration matters unless delegated to 

another Committee, Panel, Forum or Officer. 

13. To have responsibility for responding to external consultations on behalf of the 

Council unless delegated to another Committee, Panel, Forum or Officer. 

14. To determine policy in relation to the Council’s duties and responsibilities as an 

“employer” and in relation to human resources, employee training and 

development and industrial relations issues unless delegated to another 

committee, panel, forum of Officer. 

15. To have responsibility for overseeing the management of the Council’s approach 

to regeneration and economic investment within the Borough including its 

relations with external partners (inc. the local Urban Regeneration Company) 

unless delegated to another Committee, Panel, Forum or Officer. 

16. To determine the senior management structure of the Council including the 

allocation of services/service provision within the structure (appointments to the 

senior management structure to be determined by Full Council or delegated 

Member Panel). 

3A. 6


17. To have responsibility for overseeing policy and strategy in relation to community 

safety including liaison with relevant partners where appropriate. 

18. To determine policy in relation to the Council’s statutory licensing duties and 

responsibilities. 

19. To have responsibility for overseeing policy relating to tourism and the promotion 

of the Borough. 

20. To determine policy concerning the award of grants, donations, contributions and 

other assistance and to establish a sub-committee to implement agreed Council 

policy. 

21. To have overall responsibility for service performance and improvement, 

responding to recommendations from overview & scrutiny, Members, customers, 

officers and other stakeholders where appropriate. 

22. To monitor the Council’s effectiveness in meeting its agreed key objectives as 

contained within the “One Corby” document or any subsequent corporate plan. 

23. To co-ordinate the Council’s response to external inspections from Government 

departments and agencies. 

24. The powers delegated to the Policy Committee may be delegated to a subcommittee 

of its Members unless otherwise prohibited by law and/or the Council’s 

Constitution. Any such sub-committee must have a minimum of 3 Members. 

25. To receive reports from “Lead Members” in relation to issues arising within their 

respective area(s) of responsibility/interest. 

26. To receive reports from the Chief Executive of the Council in relation to actions 

taken by him/her under the Officer Delegation Scheme. 

3A. 7


LOCAL PLAN COMMITTEE 

1. To oversee and monitor on behalf of the Council the review of the Local 


2. To liaise with appropriate external partners in relation to the review of the Local 


3. To approve items for inclusion in the Local Development Plan/Framework. 

4. To approve the strategy of the Local Development Plan. 

5. To approve and recommend the Draft Deposit Plan and the final Plan to Full 

Council for approval/adoption. 

6. To approve the Council’s response to objections. 

7. To approve the statement of Community Involvement. 

8. To consider and make comment on the Project Plan and Timetable to the Project 

Board. 

9. To consider the report on the sustainability of the Plan. 

10. To receive reports from the Project Manager and the Project Board as 

appropriate. 

11. To receive updates from the Council’s representatives on the work of the Joint 

Planning Committee. 

3A. 8


OVERVIEW AND SCRUTINY PANEL 

1. To perform the overview and scrutiny function behalf of the Council unless this 

function is delegated to another Panel or body. 

2. To assist in the formulation and preparation of policy in relation to the services 

provided by the Council, including the Council’s performance against the agreed 

Best Value Performance Plan. 

3. To monitor the performance and quality of services provided by the Council or 

those provided on behalf of the Council by another party. 

4. To consider decisions made by the Policy Committee, and subject to the 

Overview and Scrutiny Procedures Rules, “Call-in” decisions taken for 

consideration/discussion and where appropriate propose amendment to those 

decisions. 

5. To assist with the preparation of the Council’s Annual Budget. 

6. To conduct Elected Member led reviews of services provided by the Council and 

prepare reports following any such review(s) for submission to the Policy 

Committee and/or Full Council as appropriate. 

7. To receive an Annual Report/Presentation from the Leader of the Council and/or 

the Chief Executive in relation to the Council’s proposed priorities and objectives 

for the forthcoming year. 

8. To interview/receive reports from senior officers of the Council in relation to the 

performance of services within their respective management together with 

proposals for future growth/development within their area. 

9. To encourage stakeholder participation through the Council’s consultative 

arrangements and consider how these views are considered by the Council when 

formulating future policy/service improvements. 

10. To contribute to the ongoing development of the Council’s strategic 

policies/objectives and monitor performance against those agreed 

policies/objectives. 

11. To review and contribute to the successful performance of other Government and 

non Government organisations and initiatives operating within the Borough 

including the Police, Health Council and other countywide partnerships. 

3A. 9


AUDIT & GOVERNANCE COMMITTEE 

To act on behalf of the Authority in relation to the following matters:- 

1. All matters pertaining to the governance of the Authority including review of the 

Council’s Constitution, its political arrangements and rules of procedure (subject 

to approval by Full Council unless of a minor nature). 

2. Monitoring the Authority’s response to dealing with customer complaints including 

periodic review of the Authority’s Complaints Procedure. 

3. Arrangements for “Corby Debate Day”, Local Democracy Week and other 

corporate consultative exercises. 

4. The management and operation of the Authority’s “Peoples Panel”. 

5. Freedom of Information and Data Protection. 

6. Elected Members support Services. 

7. Elected Member Training and Development. 

8. The Mayor and Mayoral Services. 

9. Complaints and matters referred to the Local Government Ombudsman 

10. Risk Management 

11. To respond on behalf of the Authority in relation to consultations issued by the 

Electoral Commission and other bodies relating to electoral registration or election 

issues. 

12. To consider the appointment of the external auditor, the audit fee, the provision of 

any non-audit services by the external auditor and any questions of resignation or 


13. To discuss, if necessary, with the external auditor before the audit commences 

the nature and scope of the audit. 

14. To receive the Annual Audit Plan for the Authority and Annual Internal Audit 

report, addressing key internal control issues as required. 

15. To keep under review the effectiveness of internal control systems, to receive the 

District Audit Management Letter on behalf of the Council and any 

representations and refer any issues requiring attention to the relevant committee 

and/or officer. 

16. To approve the appointment and monitor the performance of the internal audit 

service. 

17. To review the internal audit plan, consider major findings of internal audit 

investigations and management’s response, and promote co-ordination between 

the internal and external auditors. 

18. The approval of the Statement of Accounts and Statement of Internal Control. 

19. To ensure that the Council has satisfactory measures in place to promote 

economy, efficiency and effectiveness. 

20. To approve and review the Council’s Code of Governance and other supporting 

material. 

3A. 10


DEVELOPMENT CONTROL COMMITTEE 

1. To act on behalf of Corby Borough Council as the Local Planning Authority as 

prescribed in statute. 

2. To determine applications for planning permission and other consents unless 

delegated to an appropriate officer. 

3. To determine applications for Hazardous Substances consent. 

4. To determine applications where development would be a departure from the 

agreed Local Plan or Local Development Framework. 

5. To determine applications where the application is to be referred to the Secretary 

of State on direction. 

6. To determine applications where an Environmental Impact Assessment would be 

required. 

7. To determine applications for major development where Corby Borough Council 

is the applicant. 

8. To determine applications where the applicant is an employee of Corby Borough 

Council or a member of their household. 

9. To determine applications where the applicant is an Elected Member or a 

member of their household. 

10. To comment on planning applications submitted to or by other local Planning 

Authorities and statutory undertakers. 

11. To evoke or modify planning permissions. 

12. To designate and amend Conservation Areas. 

13. To declare areas of Special Advertisement Control. 

14. To authorise agreements under s.106 of the Town and Country Planning Act 

1990. 

15. To determine policy in relation to the naming of streets and postal numbering. 

16. To consider and determine any appropriate matters under Building Regulations 

which require an Elected Member decision. 

17. To receive reports relating to action instigated by the local Planning Authority in 

relation to enforcement action. 

3A. 11



Function 


permission 

Power to determine applications to develop 

land without compliance with conditions 

previously attached 

Power to grant planning permission for 

development already carried out 

Power to decline to determine application 

for planning permission 

Duties relating to the making of 

determinations of planning applications 


permission made by a local authority, alone 

or jointly with another person 

Power to make determinations, give 

approvals and agree certain other matters 

relating to the exercise of permitted 

development rights 

Power to enter into agreement regulating 

development or use of land. 

Power to issue a certificate of existing or 

proposed lawful use or development 

Power to serve a completion notice 

Power to grant consent for the display of 

advertisements 

Power to authorise entry onto land 

Power to require the discontinuance of a 

use of land 

Power to serve a planning contravention 

notice, breach of condition notice or stop 

notice 


Sections 70(1)(a) and (b) and 72 of the 

Town and Country Planning Act 1990 (c.8) 



Section 73A(a) of the Town and Country 



Planning Act 1990(a) 

Sections 69, 76 and 92 of the Town and 

Country Planning Act 1990 and Articles 8, 

10 to 13, 15 to 22 and 25 and 26 of the 

Town and country Planning (General 

Development Procedure) Order 1995 (S.I. 

1995/419) and the directions made 

thereunder. 



Country Planning General Regulations 

1992 (S.I. 1992/1492)(b) 

Parts 6,7,11,17,19,20,21 to 24, 26, 30 and 

31 of Schedule 2 to the Town and Country 

Planning (General Permitted Development) 

Order 1995 (S.I. 1995/418) 



Sections 191(4) and 192(2) of the Town 

and Country Planning Act 1990(c) 





Country Planning (Control of 

Advertisements) Regulations 1992(d) 


Planning Act 1990(e) 

Section 102 of the Town and country 


Sections 171C, 187A and 183(1) of the 

Town and Country Planning Act 1990(f) 

3A. 12


Function 

Power to issue an enforcement notice 

Power to apply for an injunction restraining 

a breach of planning control 


hazardous substances consent and related 

powers 

Duty to determine conditions to which old 

mining permissions, relevant planning 

permissions relating to dormant sites or 

active Phase 1 or II sites, or mineral 

permissions relating to mining sites as the 

case may be are to be subject 

Power to require proper maintenance of 

land. 

Power to determine application for listed 

building consent and related powers 


conservation area consent 

Duties relating to applications for listed 

building consent and conservation area 

consent 

Power to serve a building preservation 

notice and related powers 

Power to issue enforcement notice in 

relation to demolition of unlisted building in 

conservation area 

Powers to acquire a listed building in need 

of repair and to serve a repairs notice 

Power to apply for an injunction in relation 

to a listed building 

Power to execute urgent works 



Planning Act 1990(g) 

Section 187B of the Town and Country 

Planning Act 1990(h) 

Sections 9(1) and 10 of the Planning 

(Hazardous Substances) Act 1990 (c.10) 

Paragraph 2(6)(a) of Schedule 2 to the 

Planning and Compensation Act 1991, 

paragraph 9(6) of Schedule 13 to the 

Environment Act 1995 (c.25) and 

paragraph 6(5) of Schedule 14 to that Act. 



Sections 16(1) and (2), 17, 27(2) and 33(1) 

of the Planning (Listed Buildings and 

Buildings in Conservation Areas) Act 1990 

(c.9) 

Section 16(1) of the Planning (Listed 


Areas Act 1990, as applied by section 

74(3) of that Act (a) 



Conservation Areas) Act 1990 and 

regulations 3 to 6 and 13 of the Town and 

Country Planning (Listed Buildings and 

Buildings in Conservation Areas) 

Regulations 1990 and paragraphs 8, 15 

and 22 of Department of the Environment 

Circular 14/97 



Conservation Areas) Act 1990 




Sections 47 and 48 of the Planning (Listed 



Section 44A of the Planning (Listed 






3A. 13


Function 

Powers relating to the preservation of trees 

Powers relating to the protection of 

important hedgerows 

The obtaining of information under section 

330 of the Town and Country Planning Act 

1990(a) as to interest in land 


Sections 197 to 214D of the Town and 

Country Planning Act 1990 and the Trees 


The Hedgerows Regulations 1997 (S.I. 

1997/1160) 

3A. 14


STANDARDS COMMITTEE 

The Standards Committee was established under The Relevant Authorities (Standards 

Committee) Regulations 2001. The Standards Committee is the Standards Committee 

for Corby Borough Council and all parish councils within the Borough Council’s area. 

1. To receive the Monitoring Officer’s Annual Plan and receive reports, relevant to the 

fiunction of the Committee, associated with the implementation of the Plan. 

2. To review the Council’s ethical conduct framework and local protocols within the 

terms of reference of the Committee. 


Function 

Promotion and maintenance of high 

standards of conduct by the members 

and co-opted members of the Council 

Assisting members and co-opted 

members of the Council to observe the 


Advising the Council on the adoption or 

revision of a code of conduct 

Monitoring the operation of the Council’s 

code of conduct 

Advising, training or arranging to train 

members and co-opted members of the 

Council on matters relating to the 


To grant dispensations to members and 

co-opted members of the Council 



approved Code of Conduct referred by 

The Standards Board for England 



approved Officer/Member Protocol for 

Corby Borough Council. 

Provision of Act or Statutory 

Instrument 


54(1)(a) 


54(1)(b) 


54(2)(a) 


54(2)(b) 


54(2)(c) 

The Relevant Authorities (Standards 

Committee) (Dispensations) Regulations 

2002 


(Local Determination) Regulations 2003 


(Local Determination) (Amendment) 


Council Constitution 

3A. 15

LIQUOR AND ENTERTAINMENT LICENSING COMMITTEE 


1. Responsibility for undertaking the Authority’s responsibilities under the Licensing 

Act 2003 unless delegated to another Council Committee, sub-committee or 

panel; 

2. The Committee may arrange for the discharge of any functions exercisable by it 

by a sub-committee established by it, or subject to legislation, by an Officer of the 

Licensing Authority; 

3. Arrangements may be made for the discharge of functions under the Licensing 

Act 2003, except those detailed below which are reserved to the committee or to 

a sub-committee established for the discharge of these functions; 

i) determination of application for premises licence where representations 


ii) determination of application for provisional statement where 


iii) determination of application for variation of premises licence where 


iv) determination of application to vary designated premises supervisor 

following police objection; 

v) determination of application for transfer of premises licence following 


vi) consideration of police objection made to interim authority notice; 

vii) determination of application for club premises certificate where 


viii) determination of application to vary club premises certificate where 


ix) decision to give counter notice following police objection to temporary 

event notice; 

x) determination of application for grant of personal licence following police 

objection; 

xi) determination of application for renewal of personal licence following 


xii) revocation of licence where convictions come to light after grant etc; 

xiii) determination of application for review of premises licence in a case where 

relevant representations have been made; 

xiv) determination of application for review of club premises certificate in a 

case where relevant representations have been made; 

xv) review following closure order in a case where relevant representations 


4. The Committee, or Sub Committee will determine any application for variation of 

premises licence where Corby Borough Council is the applicant or an agent is 

acting on behalf of Corby Borough Council. 

5. To consider three yearly revisions to the Council’s approved Statement of 

Licensing Policy and any interim amendments to it, and make recommendations 

to Full Council. 

3A. 16



Function 

Power to register pool promoters 

Power to grant track betting licences. 

Power to licence inter-track betting 

schemes 


premises with amusement machines 

Power to register societies wishing to 

promote Lotteries 


premises where amusements with prizes 

are provided 

Power to issue cinema and cinema club 

licences 



Lotteries Act 1963 (c.2)(c) 


Lotteries Act 1963(d) 

Schedules 5ZA to the Betting, Gaming and 

Lotteries Act 1963(e) 

Schedule 9 to the Gaming Act 1968 (c.65) 


Amusements Act 1976 (c.32)(b) 


Amusements Act 1976 (c) 

Section 1 of the Cinema Act 1985 (c.13) 

Power to issue theatre licences Sections 12 to 14 of the Theatres Act 1968 

(c.54)(d) 

3A. 17


LICENSING AND REGULATION COMMITTEE 


Function 

Power to issue licences authorising the use 

of land as a caravan site (“site licences”) 

Power to licence the use of moveable 

dwellings and camping sites 

Power to licence hackney carriages and 

private hire vehicles 

Power to licence drivers of hackney 

carriages and private hire vehicles 

Power to licence operators of hackney 

carriages on private hire vehicles 

Power to licence sex shops and sex 

cinemas 

Power to licence performances of 

hypnotism 

Power to licence premises for acupuncture, 

tattooing, ear-piercing and electrolysis 

Power to licence pleasure boats and 

pleasure vessels 

Power to register door staff 


Section 3(3) of the Caravan Sites and 

Control of Development Act 1960 (c.62) 

Section 269(1) of the Public Health Act 

1936 (c.49) 

a) as to hackney carriages, the Town 

Police Clauses Act 1847 (10&11 Vict. 

C.89) as extended by section 171 of 

the Public Health Act 1875 (38 & 39 

Vict. C.55) and section 15 of the 

Transport Act 1985 (c.67); and sections 

47, 57, 58, 60 and 79 of the Local 


Provisions) Act 1976 (c.57); 

b) as to private hire vehicles, sections 48, 

57, 58, 60 and 79 of the Local 



Sections 51, 53, 54, 59, 61 and 79 of the 

Local Government (Miscellaneous 


Sections 55 to 58, 62 and 79 of the Local 


Act 1976 

The Local Government (Miscellaneous 

Provisions) Act 1982, section 2 and 

Schedule 3. 

The Hypnotism Act 1962 (c.46) 

Sections 13 to 17 of the Local Government 

(Miscellaneous Provisions) Act 1982 

Section 94 of the Public Health Acts 

Amendment Act 1907 (c.53)(e) 

Paragraphs 1(2) and 9 of Schedule 12 to 

the London Government Act 1963 (c.33) 

and Part V of the London Local Authorities 

Act 1995 (c.x) 

3A. 18


Function 

Power to licence market and street trading 

Power to licence night cafes and take away 

food shops 

Duty to keep list of persons entitled to sell 

non medicinal poisons 

Power to licence dealers in game and the 

killing and selling of game 

Power of register and licence premises for 

the preparation of food 

Power to licence scrap yards 

Power to issue, amend or replace safety 

certificates (whether general or special) for 


Power to issue, cancel, amend or replace 

safety certificates for regulated stands at 



Part III of and Schedule 4 to, the Local 


Act 1982, Part III of the London Local 

Authorities Act 1990 (c.vii) and section 6 of 

the London Local Authorities Act 1994 

(c.xiii) 

Section 2 of the Late Night Refreshment 

Houses Act 1969 (c.53)(f), Part II of the 

London Local Authorities Act 1990 and 

section 5 of the London Local Authorities 

Act 1994. 

Sections 3(1)(b)(ii), 5, 6 and 11 of the 

Poisons Act 1972 (c.66)(g) 

Sections 5,6,17,18 and 21 to 23 of the 

Game Act 1831 (c.32); sections 2 to 16 of 

the Game Licensing Act 1860 (c.90), 

section 4 of the Customs and Inland 

Revenue Act 1883 (c.10), sections 12(3) 

and 27 of the Local Government Act 1874 

(c.73) and section 213 of the Local 

Government Act 1972 (c.70) 

Section 19 of the Food Safety Act 1990 

(c.16) 

Section 1 of the Scrap Metal Dealers Act 

1964 (c.69) 

The Safety of Sports Grounds Act 1975 

(c.52)(a) 

Part III of the Fire Safety and Safety of 

Places of Sport Act 1987 (c.27) 

Power to issue fire certificates Section 5 of the Fire Precautions Act 1971 

(c.40) 

Power to licence premises for the breeding 

of dogs 

Power to licence pet shops and other 

establishments where animals are bred or 

kept for the purposes of carrying on a 

business 

Section 1 of the Breeding of Dogs Act 1973 

(c.60) and Section 1 of the Breeding and 

Sale of Dogs (Welfare) Act 1999 (c.11) 

Section 1 of the Pet Animals Act 1951 

(c.35)(b); section 1 of the Animal Boarding 

Establishments Act 1963 (c.43)(c); the 


(1964 c.70 and 1970 c.70)(d); section 1 of 

the Breeding of Dogs Act 1973 (c.60)(e) 

and sections 1 and 8 of the Breeding and 

Sale of Dogs (Welfare) Act 1999 

3A. 19


Function 

Power to register animal trainers and 

exhibitors 


Section 1 of the Performing Animals 

(Regulation) Act 1925 (c.38)(f) 

Power to licence zoos Section 1 of the Zoo Licensing Act 1981 

(c.37)(g) 

Power to licence dangerous wild animals Section 1 of the Dangerous Wild Animals 

Act 1976 (c.38) 

Power to licence knackers’ yards Section 4 of the Slaughterhouses Act 1974 

See also the Animal by-products Order 

1999 (S.I. 1999/646). 

Power to licence the employment of 

children 


solemnisation of marriages 

Power to register common land or town or 

village greens, except where the power is 

exercisable solely for the purpose of giving 

effect to:- 

a) an exchange of lands effected by 

an order under section 19(3) of, or 

paragraph 6(4) of Schedule 3 to, 

the Acquisition of Land Act 1981 

(c.67) or 

b) an order under section 147 of the 

Inclosure Act 1845 (c.8&9 Vict 

C.118) 

Power to register variation of rights of 

common 

Power to grant consent for the operation of 

a loudspeaker 

Power to grant a street works licence 

Power to licence agencies for the supply of 

nurses 

Power to issue licences for the movement 

of pigs 

Power to licence the sale of pigs 

Part II of the Children and Young Persons 

Act 1933 (c.33), byelaws made under that 

Part and Part II of the Children and Young 

Persons Act 1963 (c.37) 

Section 46A of the Marriage Act 1949 

(c.76) and the Marriages (Approved 

Premises) Regulations 1995 (S.I. 

1995/510)(h) 

Regulation 6 of the Commons Registration 

(New Land) Regulations 1969 (S.I. 

1969/1843) 

Regulation 29 of the Commons 

Registration (General) Regulations 1966 

(S.I. 1966/1471 (a). 

Schedule 2 to the Noise and Statutory 


Section 50 of the New Roads and Street 

Works Act 1991 (c.22) 

Section 2 of the Nurses Agencies Act 1957 

(c.16) 



(S.I. 1995/11) 



3A. 20


Function 

Power to licence collecting centres for the 

movement of pigs 

Power to issue a licence to move cattle 

from a market 

Power to sanction use of parts of buildings 

for storage of celluloid 

Power to approve meat product premises 


production of minced meat or meat 

preparations 

Power to approve dairy establishments 

Power to approve egg product 

establishments 

Power to issue licences to retail butchers 

shops carrying out commercial operations 

in relation to unwrapped raw meat and 

selling or supplying both raw meat and 

ready to eat foods 

Power to approve fish products premises 

Function 

Power to approve dispatch or purification 

centres 

Power to register auction and wholesale 

markets 

Duty to keep register of food business 

premises 

Power to register food business premises 

Functions under any of the “relevant 

statutory provisions” within the meaning of 

Part 1 (health, safety and welfare in 

connection with work and control of 

dangerous substances) of the health and 

Safety at Work etc Act 1974, to the extent 

that those functions are discharged 

otherwise than in the Authority’s capacity 

as an employer. 




Article 5(2) of the Cattle Identification 


Section 1 of the Celluloid and 

Cinematograph Film Act 1922 (c.35) 

Regulations 4 and 5 of the Meat Products 


1994/3082)(d) 

Regulation 4 of the Minced Meat and Meat 

Preparations (Hygiene) Regulations 1995 

(S.I. 1995/3205) 

Regulations 6 and 7 of the Dairy Products 


1995/1086)(e) 

Regulation 5 of the Egg Products 


Schedule 1A of the Food Safety (General 

Food Hygiene) Regulations 1995 (S.I. 

1995/1763)(a) 

Regulation 24 of the Food Safety (Fisher 











(Registration) Regulations 1991 (S.I. 

1991/2828) 


(Registration) Regulations 1991 

Part 1 of the Health and Safety at Work etc 

Act 1974 (C.37) (b) 

3A. 21


Any function relating to contaminated land 

The discharge of any function relating to 

the control of pollution or the management 

of air quality 

The service of an abatement notice in 

respect of a statutory nuisance 

The passing of a resolution that Schedule 1 

to the Noise and Statutory Nuisance Act 

1993 should apply in the authority’s area 

The inspection of the Authority’s area to 

detect any statutory nuisance 

The investigation of any complaint as to the 

existence of a statutory nuisance 

Part 11A of the Environmental Protection 



See the Pollution Prevention and Control 

Act 1999 (c.24) Part IV of the Environment 

Act 1995 (c.25), Part 1 of the 

Environmental Protection Act 1990 (c.43) 

and the Clean Air Act 1993 (c.11) 

Section 80(1) of the Environmental 

Protection Act 1990 

Section 8 of the Noise and Statutory 



Act 1990 


Act 1990 

3A. 22


PARKLANDS GATEWAY COMMITTEE 

1. To be responsible for overseeing and monitoring the Council’s involvement in the 

Parklands Gateway Project within the policies, strategies and budget agreed by Full 

Council. 

2. To hold delegated authority to agree resolutions within the policies, strategies and 

budget agreed by Full Council in furtherance to the Council’s interest and/or 

involvement in the Parklands Gateway Project. 

3. The Chair and/or Vice Chair of the Committee shall present regular update reports on 

the Parklands Gateway Project to the Overview & Scrutiny Panel on a quarterly 

basis. 

4. The Committee shall be responsible for overseeing the Council’s working 

arrangements with relevant partners involved in the Parklands Gateway Project, 

including the appointment of specialist consultants/project managers in furtherance of 

the Council’s involvement in the Project within agreed budgets. 

5. To receive regular updates from Officers on progress made against the agreed 

project plan(s) in relation to the Parklands Gateway Project. 

6. To receive updates on and monitor the development of the Council’s One Stop Shop 

facility including arrangements for the interim scheme located within Grosvenor 

House. 

7. To receive updates on the E Government/Customer Care programme. 

3A. 23


APPOINTMENT PANEL 

A Panel established by Full Council to interview candidates shortlisted for senior 

management positions within the Council in line with agreed Council policy/procedure. 

The Panel will consist of 5 Elected Members and be subject to political balance rules. In 

the event that a member of the Panel is unable to attend the Chief Executive will liaise 

with the member’s respective political group to obtain a substitute for the Panel meeting. 

The Chief Executive as Proper Officer, in consultation with the Human Resources 

Manager, shall convene meetings of the Panel where necessary. 

Interview only (appointment subject to 

Full Council approval) 

• Chief Executive 


• Corporate Director (Operations) 

• The post designated as “Head of 

Paid Service” (if not one of the 

above) 

• The post designated as “Chief 

Financial Officer” (if not one of the 

above) 

• Head of Legal & Monitoring Officer 

(whilst designated “Monitoring 

Officer”) 

Interview & Appointment • Head of Planning & Economic 

Regeneration 

• Head of Financial Services 

• Head of Community & Culture 

• Head of Corporate Development 

• Head of Street Scene Environment & 

Technical 

• Head of Special Projects 

• Head of Housing 

• Assistant Chief Executive 

• Development Manager 


Posts not detailed above would be subject to the normal interview & appointment 

procedure of the Council and not require Elected Member involvement. 

3A. 24


JOINT CONSULTATIVE COMMITTEE 

1. Objectives 

Without prejudice to the right of management to manage and employees to make 

representation through their recognised Trade Union the general objectives of 

Corby Borough Council Joint Consultative Committee are:- 

1.1 To act as a forum for consultation between employer and employee 

representatives about matters concerning and effecting the employment of staff 

throughout the Authority. 

1.2 To bring together management and employee representatives in consultation with 

the objective of maintaining an efficient service and service delivery. 

1.3 To discuss employment conditions and law and the effects of the implementation 

of matters which have been prescribed or recommended at national, provincial or 

local level. 

1.4 To give the employee wider understanding and greater responsibility in these 

matters. 

1.5 To give the employer and management a wider understanding of issues effecting 

the employees. 

2.0 Functions 

In pursuance of the objectives of Corby Borough Council Joint Consultative 

Committee, the following are stated as specific matters for consideration:- 

2.1 To consult on operational and policy issues being proposed by management 

which should be explained to the employees collectively with the purpose of 

affording them an opportunity of seeking the views of their members and 

encouraging a sense of personal involvement. 

2.2 To discuss with the aim of jointly reviewing any CBC policy/procedure (with 

regard to matters of employment), that are failing and periodically review all CBC 

policy/procedure (with regard to matters of employment), to ensure compliance 

with the national agreement where no local agreement has been set. 

2.3 To consider issues and Local/National proposals to promote equality of 

opportunity. 

2.4 To discuss issues that may potentially effect the employees of CBC set out or 

proposed by Government. 

2.5 To investigate any other circumstances conducive to the efficiency and 

satisfactory running of Council services. 

2.6 To consider content and conduct of training programmes, refresher courses and 

procedures for selection and promotion. 

3.0 Membership 

The Committee shall be made up of representatives from the employer, the 

employees and management. 

3.1 Employee Representation shall be proportionate throughout the four recognised 

Trade Unions within the Corby Borough Council:- 

AMACUS – 2 representatives 

GMB – 1 representative 

UCATT – 2 representatives 

3A. 25


UNISON – 4 representatives 

Employee representatives must be employees of CBC and Officials of their 

recognised Union i.e. a Steward, representative or on the executive Committee 

for their branch. 

The employee representatives shall hold their seats for the period of one year and 

be eligible for re-appointment or re-election. 

The Trade Union representatives shall submit the names of their representatives 

forming the employee side of the Committee to Committee Services no later than 

June of each year. In the event of an employee representative resigning from the 

Union or as an Official they must renounce their seat on the JCC. 

3.2 Employer’s Representatives shall consist of 5 Elected Members to be appointed 

by Council each year. Political balance rules must be taken into account. 

The employers shall submit the names of their representatives forming the 

employer’s side of the committee to the Chief Executive no later than June of 

each year, however in the event of a local election names shall be submitted no 

later than the end of June. 

3.3 Management representation shall consist of a member of the Core Management 

team and the Human Resources Manager. All Heads of Service shall also 

represent management where relevant but will not have a seat on the Committee. 

3.4 Both employer and employee sides of the Committee shall be entitled to 

substitute representation in the event of any nominated Committee member being 

unable to attend the meeting of the JCC. 

The Employers side substitute arrangements shall be arranged in accordance 

with the Council’s scheme for substitute members and the substitute sent must be 

an Elected Member of Corby Borough Council. 

Each of the Trade Unions forming the Employee side shall undertake their own 

substitute arrangements; the substitute sent must be a member of the relevant 

Trade Union from the Branch that covers Corby Borough Council. 

3.5 Vacancies on either side shall be filled as they arise. 

4.0 Chair and Vice Chair 

4.1 The Committee at the first meeting of the Civic Year shall elect the Chair from 

either the employer’s or employee’s side, alternating each year. 

4.2 The Committee, at the first meeting of the Civic Year shall appoint the Vice Chair 

from the side which does not hold the Chair. 

4.3 In the event of the Chair being absent the Vice Chair shall preside. 

5.0 Advisers 

5.1 Members of the Committee shall have the right to have in attendance persons 

with specialised knowledge in a consultative or advisory capacity. Such 

attendants shall be notified to Committee Services as with the agenda item. 

6.0 Rules and Regulations 

6.1 The Corby Borough Council JCC is a consultative committee, it does not have 

any decision making or negotiating powers nor shall it have any delegated power. 

6.2 Meetings shall be held every 2 months unless otherwise agreed by Committee, 

but no less than 6 times a year. 

6.3 The employee and management both have the right to request a special meeting, 

the meeting will take place within seven working days of a request to the Chief 

3A. 26


Executive, in the event of a special meeting being requested the Chair and Vice 

Chair will be informed. 

6.4 The matters to be discussed at JCC shall be submitted to Committee Services no 

later than 2 weeks prior to the meeting being held. Items not present on the 

Agenda will not be discussed unless the Chair rules that the matter is urgent. 

6.5 The Committee Services Manager will be responsible for the administration for 

the Committee and minutes shall be circulated to all members of the Committee 

and all Elected Members no later than 5 working days before the next meeting. 

6.6 Quorum shall be constituted by a member of the Core Management Team, 3 

Elected Members and three authorised employee reprentatives. 

6.7 Employee representatives from one of the recognised trade unions may “by 

proxy” raise issues on behalf of another recognised trade union where requested 

to do so. 

6.8 Separate meetings of the employer’s side and of the employee’s side may take 

place immediately prior to the meeting of the JCC, facilities for this purpose will be 

convenient for the venue of the meeting. 

6.9 Matters relating to individual cases will not be discussed in any circumstances, 

however, in meeting the objectives and functions of the Committee, work place 

policy or procedure matters arising from such cases will be discussed in line with 

function 2.1 and 2.2. 

6.10 The minutes of the JCC shall be presented to the Policy Committee where any 

necessary decisions can be made. 

6.11 The JCC Constitution shall be reviewed every 12 months. 

Glossary 

JCC 

CBC 

Core Management 

Employee 

Employer 

Management 

Advisor 



Chief Executive, 2 Corporate Directors 

Representatives from the recognised Trade Unions 

Elected Members of the Council 


A person of specialist knowledge either internal or external 

3A. 27


SAFETY COMMITTEE 

1. To provide a forum for employee representatives and management to submit and 

discuss issues which affect employee’s health and safety in the workplace. 

2. To provide an opportunity for the Safety Officer to raise matters of general 

concern with respect to employees health and safety in the workplace and in 

particular to receive reports as appropriate on:- 

a) a description of all reportable injuries, disease and dangerous occurrences 

that have occurred since the last meeting, together with details of remedial 

action taken. 

b) Details of any new health and safety legislation directly or indirectly 

affecting the organisation, together with details of any action that may be 

necessary. 

c) Information on the outcome of any safety monitoring activities undertaken 

during the month e.g. safety inspections of specific areas and any risk 

assessment and control measures that result from this. 

d) Any other matters which in the opinion of the Secretary and the 

Chairperson needs a decision from the Safety Committee. 

3. To monitor and review working arrangements for health and safety including the 

Council’s Statement of Health and Safety. 

4. To act as a focus for joint participation in the prevention of accidents, incidents 

and occupational ill health. 

5. To be the forum for consultation on revised policies, procedures and guidance in 

the prevention of accidents, incidents and occupational ill health. 

6. To act as a sign post for strategic issues to be dealt with by the Risk Management 

Group and to receive reports back on issues raised. 

7. To contribute to the development of the Council’s Strategic and Operational Risk 

Register. 

3A. 28


EMPLOYMENT APPEALS PANEL 

The Panel will consist of 3 Elected Members and be subject to political balance rules. 

Membership will be nominated by the respective political groups on request from the 

Proper Officer. 

1. To consider and determine appeals by officers against the implementation of 

disciplinary or termination of employment procedures and to consider and determine 

appeals under the grievance procedure. 

3A. 29

Part Three – Responsibility for Functions (Officers) 

PART THREE – 3B 

OFFICER DELEGATION 

3B.1


SCHEME OF DELEGATION TO OFFICERS 

(as approved by Full Council 24 th August 2006) 

1. These delegations are made under the Council’s powers contained in Section 

101 of the Local Government Act 1972 Section 15 of the Local Government 

Act 2000 and all other enabling powers and shall be interpreted according to 

the Standing Orders of Corby Borough Council (“the Council”) and a Chief 

Officer, Head of Service or other person is authorised to exercise such 

powers as are shown in this Scheme of Delegations including those 

reasonably implied or reasonably incidental to the matters specified. 

2. For the purposes of this scheme: 

(a) 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

(b) 

If the post of an officer to whom a function is delegated (or to which 

he/she has been appointed as a Proper Officer) is vacant, or if the 

postholder is absent, unless the Council otherwise decides: - 

In the case of the Chief Executive, the function shall in the absence of 

the Chief Executive be exercisable by the Acting Chief Executive or 

either of the Directors: 

In the case of the Corporate Director (Resources) the function shall be 

exercisable by the Chief Executive or a Head of Service of the 

Resources’ Directorate subject to iv below; 

In the case of the Corporate Director (Operational), the function shall 

be exercisable by the Chief Executive or a Head of Service in the 

Operations Directorate; 

In the case of the Section 151 Officer the function shall be exercisable 

by the Head of Finance who is suitably qualified pursuant to S.113 of 

the Local Government Finance Act 1988; 

In the case of any other Head of Service, the relevant Officer may, in 

writing, designate an Officer to whom the function is to be delegated. 

Any officer exercising a function under delegated powers shall only do 

so in accordance with: 

(i) 

(ii) 

the policies and procedures of the Council except in cases of 

emergency; and, 

where provision has been made for the expenditure within the 

budget except in cases of emergency: 

(c) 

The Chief Officers and Head of Service, while retaining the 

delegations themselves, may also in writing further delegate the 

functions delegated to them to another officer to undertake and 

carry out the function. Such officers may in turn delegate in writing to 

other officers reporting to them with the permission of the Chief 

Officer or a Corporate Director. 

(d) 

Any reference to an Act, Order or other legal provision is to be taken 

to apply to and include any re-enactments or modification thereof and 

any reference to an Act, Order or other legal provision is to be taken to 

3B.2


encompass any Regulations, Orders, Rules, Instruments, Directions, 

Directives, Statutory Guidance or other legal provision made 

thereunder; 

(e) 

(f) 

(g) 

References to a Chief Officer shall mean the Chief Executive or a 

Director. 

In addition to these delegated powers, powers are also exercisable by 

officers through Standing Orders, Financial Regulations (the rules and 

regulations in the Constitution that govern the management of the 

Council’s financial affairs), Contract Standing Orders and elsewhere in 

the Constitution; 

Each Head of Service shall be a proper officer for any purpose 

required by a statute or statutory instrument which is not specified in 

this Scheme of Delegations to Officers appropriate to their respective 

areas of responsibility. 

3. Subject to the foregoing, there are delegated to the officer(s) listed the 

functions detailed in Column 1 of the attached Schedule provided that: 

(a) 

(b) 

(c) 

before exercising such function the officer shall comply with any 

conditions and/or requirements for consultation set out in Column 2. 

any reference in Column 2 to “C.P” means that the appropriate 

Member or Members shall first be consulted using the Consultation 

Procedure under Standing Order 3.6.2 and this may include 

consultation with the leader of the Group(s) not forming the 

Administration of the Council; 

any reference in Column 2 to a body or to another officer or officers or 

other person means that such body or officer or other person as the 

case may be shall first be consulted. 

In addition to those items set out below, each postholder to whom matters are 

delegated had delegated to him or her all administrative matters necessary to 

carry out the functions set out in his or her job description and to authorise his 

or her junior officers accordingly. 

4. While any significant variation to this Scheme requires the approval of the 

Council as this document forms part of the Council’s Constitution, the Council 

delegates minor consequential changes from changes in legislation or small scale 

restructures in the Council to the Head of Legal & Democratic Services to effect. 

3B.3


SCHEME OF DELEGATIONS TO OFFICERS – SCHEDULE 

1. ALL CHIEF OFFICERS (“Cos”) – GENERAL … (AND WHERE INDICATED 

IN ITALICS THE RELEVANT HEAD OF SERVICE (“HoSs”) 

Column 1 

Function delegated 

Column 2 

Conditions/Consultations 

1.1 

1.1.1 

1.1.2 

General 

(All COs and HoSs) 

Any action usually falling within his/her 

office or job description required to give 

effect to a decision of the Council, a 

Committee or other body or person 

having delegated power. 


Any action on minor matters, arising 

between meetings and which cannot 

reasonably await the next meeting of the 

Council, or a Committee, as the case 

may be. 

C.P. 

1.2 

1.2.1 

Staffing 


Authorising travel costs and allowances 

and the attendance of staff at training 

and study courses, meetings, 

conferences and similar events and 

arrangements for 

post-entry training and designate 

essential and casual car users. 

Provided within budget. 

3B.4


Column 1 

Functions delegated 

Column 2 


1.2.2 (All COs and HoSs) 

Authorising or appointing any Employee, 

contractor or agent of the Council to or 

for any statutory purpose or office to 

which the Council has appointed the 

Chief Officer and, in particular, under any 

available power, to authorise entry and appoint 

persons to enter onto land or premises. 

1.2.3 


The filling of vacancies and the appointments 

to posts on the Council’s establishment and 

the settling of terms and conditions of 

employees. 

All Chief Officers and HoSs 

posts 

to go to an Employment Panel of 

Members who may decide in 

relation to HoSs and 

recommend 

to Council for Chief Officers 

1.2.4 


Authorisation of overtime working. 

Provided within budget. 

1.2.5 


Disciplinary and Grievance action including 

reference to Employment Appeal Committee 

[Disciplinary action in respect of Head of Paid 

Service, Monitoring Officer and S.151 Officer is 

dealt with at Standing Order 5.4.] 

C.E. to deal with any CO not 

holding statutory office. 

1.2.6 

1.2.7 

1.2.8 


The granting of leave and releasing staff on 

paid absence for elections, union or other 

duties, as required 


To refer or support applications for regrading 

of staff 


Granting of annual and additional increments 

within the appropriate grade for established 

posts 

In consultation with the H R 

Manager in the case of 

compassionate or unpaid leave 

if more than 3 days are requested 

Decision to be reserved to Job 

Evaluation Panel (with right of 

appeal) 

In consultation with the HR 

Manager and decision to be in 

line with policy 

3B.5


1.2.9 

Column 1 

Functions delegated 


Granting of honoraria, ex gratia or higher duty 

payments, travelling and subsistence 

expenses 

Column 2 


1.2.10 (All COs and HoSs) 

Allow employees to engage in other paid 

employment outside working hours at the 

Council 

1.2.11 To engage external professionals Subject to budget and contract 

standing orders 

1.2.12 To negotiate sponsorship deals Notify relevant Committee 

1.3 

1.3.1 

Finance 

(All COs) 

Viring up to £25,000 between any heads of 

Expenditure or income within the approved 

revenue or capital budget 

In consultation with the Corporate 

Director (Resources). Virements 

over £10,000 require CMT 

approval. All virements to be in 

line with Financial Regulations 

1.4 

1.4.1 

Health and Safety 

All COs and Chief Executive individually for 

any appropriate exercise of powers and 

duties that may be the specific responsibility 

of the Chief Executive/Head of Paid Service 

To exercise all the powers, functions, duties 

and responsibilities of the Council with regard 

to Health and Safety. 

1.4.2 Equalities 

(All COs and Chief Executive individually for 

any appropriate exercise of powers and duties 

that may be the specific responsibility of the 

Chief Executive/Head of Paid Service 

To exercise al the powers, functions, duties 

and responsibilities of the Council with regard 

to Equalities. 

3B.6


1.5 

1.5.1. 

1.5.2 

1.5.3 

Miscellaneous 


S.41 Local Government (Miscellaneous 

Provisions) Act 1982 (disposal of lost and 

uncollected property). 


Authorising the temporary use of land under 

their departmental or service control. 


Applications for national lottery and other 

Similar external funding. 

1.6 

1.6.1 

1.7 

1.7.1 

Early Retirement 

(All COs) 

Early retirements on ground of ill health 

Planning 


To submit applications for planning permission 

on behalf of the Council 

In consultation with the HR 

Manager 

1.8 

1.8.1 

Notices 


To issue statutory and other notices on behalf 

of the Council 

Unless reserved to a specific 

Officer under the list at Appendix 

B 

3B.7


2. THE CHIEF EXECUTIVE (“CE”) … 

2.1 

2.1.1 

Column 1 


Urgency Powers 

(CE) 

The Chief Executive may take all 

necessary action on urgent matters 

arising between meetings which 

cannot reasonably await the next 

meeting of the Member, Committee or 

other Body as the case may be. 

Column 2 


The Chief Executive will, if 

reasonably possible, first consult 

with the Leader (or in her/his 

absence the Deputy leader) and 

the Leader of the group(s) not 

forming the Administration of the 

Council and shall report back to 

Members through Committee at 

the first available opportunity 

2.1.2 To allow Officers who report to the 

Chief Executive to act in his/her name 

for specified purposes. 

2.1.3 To oversee the promotion of the 

Council and its services. 

2.1.4 To act as the Council’s Head of Paid 

Service and determine matters 

relating to: 

(a) Acting as Line Manager for the 

Corporate Director (Resources), 

the Corporate Director 

(Operational) and other staff 

reporting directly to him/her or 

within his/her secretariat. 

2.1.5 To make arrangement for Royal (in 

consultation with the Mayor) or VIP 

visits to the Borough 

2.1.6 To act as the designated Returning 

Officer for local Borough and Parish 

Council Elections, Deputy Returning 

Officer for European Parliamentary 

Elections (where requested), Deputy 

Returning Office for local County 

Council and (Acting) Returning Officer 

for Parliamentary Elections. 

3B.8


3. THE CORPORATE DIRECTOR (RESOURCES) (“CD[R]”) …. 

Column 1 


3.1 To act as the Council’s Chief Financial 

Officer” for the purposes of s.114 of 

the Local Government and Finance 

Act 1988 and s.151 of the Local 

Government Act 1972. 

Column 2 


CP,CE & MO as appropriate 

3.2 To oversee the management of areas 

of activity for which the Corporate 

Director is responsible 

3.3 To deputise for the Chief Executive as 

appropriate or as otherwise directed. 

3.4 To manage the programme and 

delivery of an Internal Audit Service. 

3.5 Settlement of claims whether covered 

by insurance or not 

3.6 To prepare the Council’s Medium 

Term Financial Strategy 

MO as appropriate 

Up to £50,000 

Between £50,000 and £100,000 

with approval of CMT & MO 

Over £100,000 Committee 

approval required 

3B.9


4. THE CORPORATE DIRECTOR (OPERATIONS) (“CD[O]”) …. 

Column 1 


Column 2 


4.1 To oversee the management of areas 

of activity for which the Corporate 

Director is responsible 

4.2 To deputise for the Chief Executive as 

appropriate or as otherwise directed. 

3B.10


5. THE HEAD OF LEGAL AND DEMOCRATIC SERVICES (Monitoring 

Officer) (MO) …. 

Column 1 


5.1 To undertake the duties of the 

Monitoring Officer for the purposes of 

the Local Government and Housing 

Act 1989. 

Column 2 


CE and 151 Officer as appropriate 

5.2 Responsibility for the management of 

the Council’s Legal Commercial 

Property, Freedom of Information and 

Democratic Services functions. 

5.3 To institute, defend or settle any 

judicial or quasi-judicial proceedings 

on behalf of the Council. 

5.4 To authenticate documents on behalf 

of the Council. 

5.5 To act as Authorising Officer for the 

purposes of the Regulation of 

Investigatory Powers Act 2000 (this 

responsibility may be delegated to 

Heads of Service) and Money 

Laundering offence under the 

Prevention of Crimes Act. 

5.6 To appoint a Valuation Officer to 

conduct negotiations for the purchase 

or sale of any land or property. 

5.7 To purchase at auction any land 

within the Borough at which the 

Council is interested (pursuant to 

agreement from Full Council or the 


CE and 151 Officer 

5.8 In the absence of the Chief Executive, 

to sign warrant cards for those staff 

who are required to go out on site for 

those services where specific legal 

authorisation has not already been 

granted. 

3B.11


Column 1 


Column 2 


5.9 To act as the Council’s Proper Officer 

in relation to: 

(a) Certification of copy documents 

and resolutions 

(b) Local Land Charges 

(c Transfer of securities etc. 

(d) Evidence of Bylaws 

(e) Certification of Resolutions 

(f) Deposit of Document 

(g) Parish Trustee 

(h) Local Charities 

(i) Rockingham Parish Trustee 

(j) Transferring Securities 

(k) Any other Proper Officer 

delegation not delegated to 

another officer. 

(l) Committee Administration 

5.10 To monitor the working of, and make 

minor amendments to the Council’s 

Constitution as appropriate. 

5.11 To oversee the Council’s ethical 

framework, Codes of Conduct and 

protocols as approved by Council or 

required by statute. 

5.12 To advise the local Standards 

Committee on issues within its Terms 

of Reference, including overseeing 

the procedure of conduct of local 

determinations in relation to alleged 

breaches of the Code of Conduct and 

responsibility for the appointment of 

suitably trained and qualified staff to 

act as local investigators. 

5.13 Open all tenders and quotations In accordance with Contract 

Standing Orders 

5.14 Maintain the Council’s Select List of 

Contractor’s 

5.15 Approve attendance of Members at C.E. 

Meetings 

5.16 Allow use of all Committee Rooms 

and Council Chamber 

3B.12


Column 1 


Column 2 


5.17 To ensure the provision of the Data 

Protection Act 1984 (as amended) 

and the Freedom of Information Act 

2000 are complied with throughout the 

Council and that the appropriate 

systems are in place for doing so. 

5.18 To sign all notices, agreements and 

documents on behalf of the Council 

unless delegated to another officer 

Committee approval required over 

£250,000 

5.19 To maintain hospitality code and 

advise and determine cases falling 

under the Code. 

5.20 To act as the designated “Corporate 

Property Officer” on behalf of Corby 

Borough Council. 

5.21 To produce and maintain a register of 

land and property values/transactions 

within Corby Borough. 

5.22 To maintain a Property Terrier and 

Asset Register for Corby Borough. 

5.23 In conjunction with the Chief 

Executive and other senior officers to 

prepare the Asset Management Plan. 

5.24 To negotiate and complete, subject to 

Council policy and procedure, 

strategic land and property 

acquisitions and disposals, working 

with relevant partners where 

appropriate, under the direction of the 

Chief Executive. 

. 

3B.13


6. THE HEAD OF FINANCIAL SERVICES …. 

Column 1 


6.1 Preparation and Management of 

Council’s budget 

Column 2 


In accordance with Financial 

Regulations CD (R) 

6,2 Preparation of Council’s Financial 

Statement 

6.3 Management of Collection and 

General Funds 

6.4 Arrange and maintain banking 

facilities 

6.5 Management of Housing and Council 

Tax Benefit Services 

6.6 All matters delegated to the Head of 

Finance under Financial Regulations 

As required under Financial 

Regulations 

6.7 Manage all insurance matters 

6.8 Recovery including appearances at 

Court as necessary for Council Tax 

and non domestic rate arrears 

6.9 To object to, propose alterations to 

the Valuation List and appear before 

the Valuation Tribunal 

6.10 Issue Certificates of Partial 

Occupation (L.G.F. Act 1988) 

6.11 Approve and arrange instalment 

facilities for debtors 

6.12 Hearing of appeals against 

determination by the Council for 

monies due under L.G.F. Acts 1988 

and 1992 

6.13 Financial settlement of claims made to 

the Ombudsman as ordered or agreed 

locally 

HOLDS 

3B.14


7. THE HEAD OF CUSTOMER FIRST…. 

Column 1 


Column 2 



the Council’s IT Services, 

development and resources in 

accordance with the approved 

information technology hardware and 

software strategy. 

7.2 Responsibility for support 

arrangements for the development of 

customer care and a “One Stop Shop” 

service. 

7.3 Responsibility for monitoring and 

developing the corporate complaints. 

Compliments and comments 

policy/procedure in consultation with 

other Heads of Service. 

7.4 Responsibility for the management 

and development of the corporate 

NLPG/GMS initiative. 

. 

3B.15


8. THE HEAD OF REGENERATION AND GROWTH…. 

Column 1 


8.1 Granting, subject to appropriate 

conditions, or refusing applications, 

consistent with the Development Plan 

and/or: 

a. Planning permission 

b. Listed building consent 

c. Conservation area consent 

d. Advertisement consent 

e. Certificates of lawful use or 

Development 

f. Variation or removal of a 

Condition 

g. Hazardous substances 

Consent 

h. Consent to fell. Lop or top a 

tree 

Column 2 


(1) Except where the application 

relates to development within one 

of the categories set out in 

Appendix A to this scheme. 

(2) Applications not to be granted 

under this delegation where there 

are ordinarily at least 3 relevant 

material third party objections 

which cannot be resolved by 

amendments or the imposition of 

appropriate planning conditions or 

by entering into a S106 

agreement. 

(3) The application to be referred 

to Committee when so requested 

by any Member with signed 

support of one member of 

Development Control Committee 

(not a substitute) within 14 days of 

the application being registered 

(Officers having published the 

application within 5 days of 

receipt) and made in writing with 

valid planning reasons, ideally on 

the attached proforma 

8.2 Responding to any consultation on a 

planning proposal under Circular 

18/84 or otherwise. 

8.3 Granting, subject to any appropriate 

conditions, or refusing approval to any 

matter which requires the Council’s 

approval under any condition imposed 

on a permission or consent. 

8.4 Authorising the issue and service of 

any of the following notices: 

(a) Breach of Condition 

(b) 215 amenity 

(c) Planning Contravention 

(d) Stop Notice (in cases of 

special urgency) 

(e) Enforcement Notice 

a) – e) consultation HoLDS 

Prior consultation with relevant 

ward Members in the case of a 

Stop Notice. 

3B.16


Column 1 


(f) 

8.5 Prior approval Notices and decisions: 

(a) Decision as to whether prior 

approval is required 

(b) Undertaking publicity of cases 

(c) Granting or refusing 

applications 

(d) Screening of applications for 

Environmental Impact 

Assessments 

8.6 Any necessary actions under the 

Planning (Hazardous Substances) Act 

1990 

8.7 Power to authorise appropriate 

persons to enter premises under the 

Town and Country Planning Acts and 

any regulations made thereunder. 

8.8 Taking action, including the service of 

any notices, under Part 8 of the Anti- 

Social Behaviour Act 2003 relating to 

high hedges 

8.9 The making of Tree Preservation and 

Replacement Orders 

8.10 The management and preparation of 

the Development Plan 

8.11 All Building Control applications 

approval and enforcements 

8.12 Provide Civil Emergency Coordination 

action for the Council 

Column 2 


Applications not to be granted 

under this delegation where 

conditions 1d at Appendix A 

applies 

Northants County Council and 

other emergency services 

3B.17


9. THE DEVELOPMENT MANAGER…. 

Column 1 


Column 2 


9.1 To commission research and market 

reports as required within budgetary 

provision. 

9.2 In consultation with the Chief 

Executive and other senior officers to 

process investment enquiries made to 

the Council in relation to the Borough 

9.3 Provide a strategic land and property 

service to the Council 

9.4 To develop a marketing strategy for 

key strategic land holdings within the 

Borough 

9.5 To commission research and market 

reports as required 

9.6 Process investment enquiries made to 

the Council in relation to the Borough 

Within budgetary provision 

In consultation with CE and HoS 

9.7 To develop a marketing strategy for 

key strategic land holdings within the 

Borough 

3B.18


10.THE HEAD OF LEISURE AND CULTURE ….. 

Column 1 


Column 2 


10.1 To manage the Council’s Leisure 

Community and Cultural facilities in 

accordance with Policy and budgets 

10.2 To prepare and implement plans and 

strategies with in the remit of the 

function 

10.3 Promote personal issues health 

issues within the Borough 

10.4 To manage and determine grants 

awarded within budgets under the 

responsibility of HOCL 

10.5 To manage life long learning, youth 

services and drugs issues managed 

by the Council. 

10.6 Manage the Council’s Tourist 

Information Service 

10.7 Manage Community Safety and CCTV 

Services in the Borough 

10.8 Co-ordinate and implement SRB 

policies and funding 

10.9 To manage and co-ordinate Corby’s 

twinning arrangements 

10.10 Manage, adopt and develop open 

spaces and woodlands. 

3B.19


11.THE HEAD OF SPECIAL PROJECTS ….. 

Column 1 


Column 2 


11.1 Responsibility for Special Projects 

approved by the Council 

11.2 Responsibility for the co-ordination of 

Projects and Programme Planning 

within the Council 

3B.20


12.THE HEAD OF NEIGHBOURHOOD PRIDE ….. 

Column 1 


12.1 The management, repair, 

maintenance, improvement and 

regeneration of the Council’s Housing 

stock 

Column 2 


Sales dealt with by HOLDS 

12.2 To manage the Control centre and 

Mobile Wardens 

12.3 To manage the homelessness 

function for the Council 

12.4 To act as the Council’s link for 

supporting people and to implement 

initiatives in the Borough 

12.5 To lead on community led local 

neighbourhood renewal in the 

Borough 

3B.21


13 THE ASSISTANT CHIEF EXECUTIVE 

Column 1 


Column 2 



the Council’s Corporate Initiatives 

Team including co-ordinating the 

Council’s response to performance 

management and corporate planning 

initiatives. 

13.2 Responsibility for the management 

and development of scrutiny support 

to the Council. 

13.3 To manage the procurement of goods, 

work and services in accordance with 

approved Council policies and 

strategies and to develop 

policies/strategies in line with statutory 

requirements and recommended best 

practice. 

Contracts Gateway as appropriate 

3B.22


14.THE HEAD OF STREETSCENE & ENVIRONMENTAL QUALITY ….. 

Column 1 


14.1 To carry out the responsibility of the 

Council under the list of Statutes 

contained in Appendix B and keep 

Appendix B up to date 

Column 2 


Variations to Appendix B to be 

made in consultation with HoLDS 

14.2 To authorise officers to act as 

required under Statutes contained in 

Appendix B as amended for the 

purposes of inspections, obtaining 

warrants, entering property, seizure 

etc. 

14.3 To enforce byelaws made by the 

Council 

14.4 To provide and maintain an 

environmental health and 

environmental protection service 

14.5 To provide a Health and Safety at 

Work Service and be responsible for 

Health and Safety in the Council 

14.6 To act as proper Officer for Public 

Health (Control of Diseases) Act 1984 

14.7 Provision of National Assistance 

Burials 

14.8 Management of Flood Defences 

14.9 Management enforcement and control 

of gypsies and new age travellers 

3B.23


15.THE HUMAN RESOURCES MANAGER ….. 

Column 1 


Column 2 


15.1 Responsible for the Human resources 

Function in the Council 

15.2 Approval of Long Term Service 

Awards 

15.3 Determination of applications for 

redeployment 

3B.24


APPENDIX A 

SCHEME OF OFFICER DELEGATIONS, REGENERATION AND GROWTH 

Limitations on the types of application which may not be approved under 

delegated powers 

1. Where an application or proposal is to carry out development, the Head of 

Regeneration and Growth may not under delegation 5.11 deal with 

applications for development of the following character and subject to any 

condition specified: 

(a) 

(b) 

(c) 

(d) 

(e) 

Any application including departures where Planning Officers 

recommendation is not in compliance with Development Plan Policy. 

Application is referred to the Government Office in direction and where 

the ODPM is minded to intervene. 

Where proposals are subject to EIA or TIA or other statutory 

assessment. 

Applications made by the Borough Council. 

Applications submitted by Members or Senior Officers of the Borough 

Council. 

3B.25


APPENDIX B 

Animal Boarding Establishments Act 

Protection of Animals (Amendment) Act 1988 

Breeding of Dogs Act 1973 & 1991 

Breeding and Sale of Dogs (Welfare) Act 1999 

Building Act 1984 

Caravan Sites Act 1968 

Caravan Sites and Control of Development Act 1960 

Cinemas Act 1985 

Civic Amenities Act 1967, as amended by Town and Country Planning Act 1971 

Clean Air Act 1993 

Clean Neighbourhoods and Environment Act 2005 

Control of Pollution Act 1974 

Dangerous Wild Animals Act 1976 

Deer Act 1991 

Deregulation and Contracting Out Act 1994 

Dogs Act 1906, as amended by Dogs (Amendment) Act 1928 

Dangerous Dogs and Act 1991 - as amended by Dangerous Dogs (Amendment) Act 

1997 

Environment Act 1995 

Environmental Protection Act 1990 - 

Factories Act 1961 

Fire Safety and Places of Sport Act 1987 

Food and Environmental Protection Act 1985 

The Food and Safety Act 1990 

The Food Safety Act 1999 

Game Act 1831, 1970 

Guard Dogs Act 1975 

Health and Safety at Work Act 1974 

Home Safety Act 1961 

Housing Act 1985, 1988, 1996, 2004 

Local Government and Housing Act 1989 as amended by Local Government Act 

2003 

Landlord and Tenant Act 1985, 1987 and 1988 

Licensing Act 2003 

The Local Government (Miscellaneous Provisions) Acts 1976 and 1982 

Mines and Quarries Act 1954 - as amended 

Mobile Homes Act 1975 and 1983 

National Assistance Act 1948 

National Assistance (Amendment) Act 1951, 1959 

Noise Act 1996 

Noise and Statutory Nuisance Act 1993 

Offices, Shops and Railway Premises Act 1963, as amended 

Performing Animals (Regulation) Act 1925 

Pests Act 1954 

Pet Animals Act 1951 

Pet (amendment) Act 1983 

Prevention of Damage by Pests Act 1949 

Private Water Supplies Regulations 1991 

Public Health Acts 1875, 1936 and 1961 

Public Health (Control of Disease) Act 1984 

Radioactive Substances Act 1993 

Refuse Disposal Amenity Act 1978 

3B.26


Rent Acts 1957 - 1977 


Scrap Metal Dealers Act 1964 - 

Sunday Trading Act 1994 - 

Slaughter Houses Act 1974 as amended 

Slaughter of Animals Act 1974 

Slaughter of Poultry Act 1967 as amended 

Sunday Entertainment Act 1932 

Theatres Act 1968 

Water Acts 1945, 1973 and 1989 - 

Water Industry Act 1991, 1999 

Water Act 2003 

Wildlife and Countryside Act 1981 Schedule 2 Part 2, as amended by Wildlife and 

Countryside Act 1981 (Variation of Schedule 2 and 3) Order 

Zoo Licensing Act 1981 

3B.27

Part 4 – Rules of Procedure (Council Procedure Rules) 

PART FOUR – 4A 

COUNCIL PROCEDURE RULES 

4A.1


CONTENTS 

RULES OF PROCEDURE 

1. Annual meeting of the Council 

2. Ordinary meetings 

3. Extraordinary meetings 

4. Appointment of substitute members of committees and sub committees 

5. Time and place of meetings 

6. Notice of and summons to meetings 

7. Chair of meeting 

8. Quorum 

9. Duration of meeting 

10. Questions by the public 

11. Questions by Members 

12. Motions on notice 

13. Motions without notice 

14. Rules of debate 

15. State of Corby Borough debate 

16. Previous decisions and motions 

17. Voting 

18. Minutes 

19. Record of attendance 

20. Exclusion of public 

21. Members’ conduct 

22. Disturbance by public 

23. Suspension and amendment of Council Procedure Notes 

24. Application to committees and sub committees 

For the purposes of this section, the Chief Executive is the designated “Proper 

Officer”. In their absence the Deputy Chief Executive will be the designated “Proper 

Officer”. Some of the duties designated in this section may be delegated by the 

“Proper Officer” to other officers. The Committee & Electoral Services Manager may 

act on behalf of the “Proper Officer” in their absence. At meetings of committees, 

sub-committees, panels & forums, the duly appointed minute clerk shall normally be 

the representative of the “Proper Officer”, and shall undertake such responsibilities & 

duties as designated in this section. 

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1. Annual Meetings of the Council 

1.1 Timing and Business 

In a year when there is an ordinary election of Elected Members, the annual meeting 

will take place within 21 days of the retirement of the outgoing Elected Members. In 

any other year, the annual meeting will take place in March, April or May. 

The annual meeting will:- 

i) elect a person to preside if the Mayor and the Deputy Mayor of the Council is 

not present; 

ii) elect the Mayor of the Council; 

iii) elect the Deputy Mayor of the Council; 

i) approve the minutes of the last meeting; 

ii) receive any announcements from the Mayor and/or Head of the Paid Service; 

iii) elect the Leader of the Council & the Deputy Leader of the Council; 

iv) note the appointment of leader and deputy-leader of recognised political 

groups represented within the Council; 

v) appoint at least one overview and scrutiny panel, a local Standards 

Committee and such other Committees as the Council considers appropriate; 

vi) agree the Scheme of Delegation; 

vii) approve a programme of ordinary meetings of the Council for the year (if not 

already agreed by Council); and 

viii) consider any business set out in the notice convening the meeting. 

1.2 Selection of Elected Members on Committees and Outside Bodies 

At the annual meeting, the Council meeting will: 

i) decide which committees to establish for the municipal year; 

ii) decide the size and terms of reference for those committees; 

iii) decide the allocation of seats (and substitutes) to political groups in 

accordance with the political balance rules; 

iv) receive nominations of Elected Members to serve on each committee and 

outside body; and 

v) appoint to those committees and outside bodies except where appointment to 

those bodies has been delegated by the Council. 

2. Ordinary Meetings 

Ordinary meetings of the Council will take place in accordance with a programme 

decided at the Council’s annual meeting. Ordinary meetings will:- 

a) elect a person to preside if the Mayor and the Deputy Mayor are not present; 


ii) receive any declarations of interest from Members; 

iii) receive any announcements from the Mayor, Leader or Head of Paid Service; 

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iv) receive questions from and provide answers to, the public in relation to 

matters which in the opinion of the person presiding at the meeting are 

relevant to the business of the meeting; 

v) deal with any business from the last Council meeting; 

vi) receive reports in the form of draft minutes from the Council’s committees and 

receive questions and answers on any of those reports; 

vii) receive reports about and receive questions and answers on the business of 

joint arrangements and external organisations; 

viii) to receive any petitions in accordance with the Rules of Procedure; 

ix) consider motions; and 

x) consider any other business specified in the summons to the meeting, 

including consideration of the proposals from the policy committees in relation 

to the Council’s budget and policy framework and reports of the overview and 

scrutiny panels for debate. 


3.1 Calling extraordinary meetings 

Those listed below may request the Proper Officer of the Council to call 

Council meetings in addition to ordinary meetings:- 

i) the Council by resolution; 

ii) the Mayor of the Council; 

iii) the Monitoring Officer; and 

iv) any five members of the Council if they have signed a requisition 

presented to the Mayor of the Council and he/she has refused to call a 

meeting or has failed to call a meeting within seven days of the 

presentation of the requisition. 

3.2 Business 

i) The requisition or resolution should clearly state the specific topic to 

be discussed, and give a clear reason why this topic cannot be 

submitted to the next ordinary meeting of the Council. A copy of the 

resolution or requisition will be kept on file by the Proper Officer. 

4. Appointment of Substitute Members of Committees and Sub 

Committees 

4.1 Allocation 

As well as allocating seats on Committees and Sub Committees, the Council 

will allocate seats in the same manner for substitute members. 

4.2 Number 

For each Committee or Sub Committee, the Council will appoint the a number 

of substitutes in respect of each political group as that group holds ordinary 

seats on that committee or sub committee up to a maximum of 4. 

4.3 Powers and Duties 

Substitute Members will have all the powers and duties of any ordinary 

member of the committee but will not be able to exercise any special powers 

or duties exercisable by the person they are substituting. 

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4.4 Substitution 

Substitute members may attend meetings in that capacity only: 

i) to take the place of the ordinary member for whom they are the 

designated substitute; 

ii) where the ordinary member will be absent for the whole of the 

meeting; and 

iii) after notifying the Proper Officer at the start of the meeting of the 

intended substitution. The substitution should clearly be recorded in 

the minutes of the meeting. 

5. Time and Place of Meetings 

The time and place of meetings will be determined by the Proper Officer and 

notified in the summons. 

6. Notice of and Summons to Meetings 

The Proper Officer will give notice to the public of the time and place of any 

meeting in accordance with the Access to Information rules. At least seven 

clear days before a meeting the Proper Officer will send a summons signed 

by him or her by post or electronic mail to every Member of the Council or 

leave it at their usual place of residence. The summons will give the date, 

time and place of each meeting and specify the business to be transacted 

and will be accompanied by such reports as are available. For meetings of 

committees, sub-committees, panels or forums the summons shall be 

delivered at least five clear days before a meeting. 

7. Chair of Meeting 

The person presiding at the meeting may exercise any power or duty of the 

Mayor. Where these rules apply to committee, sub committee meetings, 

panels and forums, references to the Mayor also include the Chair of 

Committees, Sub-committees, panels & forums. 

8. Quorum 

The quorum of a meeting will be one quarter of the whole number of 

Members. During any meeting if the Mayor counts the number of members 

present and declares there is not a quorum present, then the meeting will 

adjourn immediately. Remaining business will be considered at a time and 

date fixed by the Mayor. If he/she does not fix a date, the remaining business 

will be considered at the next ordinary meeting. 

The quorum for meetings of committees, sub-committees, panels & forum 

shall be one quarter of the whole number of Members present. However, in 

no case shall the quorum be less than three. 

9. Duration of Meeting 

9.1 Close of the meeting 

Unless the majority of members present vote for the meeting to continue, any 

meeting that has lasted 3 hours will adjourn immediately. Remaining 

business will be considered at a time and date fixed by the Chair. If he/she 

does not fix a date, the remaining business will be considered at the next 

ordinary meeting. 

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10.1 General 

Members of the public may ask questions of Members at ordinary meetings of 

the Council. 

10.2 Order of questions 

Questions will be asked in the order notice of them was received, except that 

the Chair may group together similar questions. 

10.3 Notice of questions 

A question may only be asked if notice has been given by delivering it in 

writing or by electronic mail to the Proper Officer no later than midday 3 

working days before the day of the meeting. Each question must give the 

name and address of the questioner and must name the member of the 

Council to whom it is to be put. 

10.4 Number of questions 

At any one meeting no person may submit more than one question and no 

more than one such question may be asked on behalf of one organisation. 

10.5 Scope of questions 

The Proper Officer may reject a question if it: 

• Is not about a matter for which the local authority has a responsibility or 

which affects the borough; 

• Is defamatory, frivolous or offensive; 

• Is substantially the same as a question which has been put at a meeting 

of the Council in the past six months; or 

• Requires the disclosure of confidential or exempt information. 

10.6 Record of questions 

The Proper Officer will enter each question in a book open to public 

inspection (including via the Council’s Website) and will immediately send a 

copy of the question to the Member to whom it is to be put. Rejected 

questions will include reasons for rejection. 

Copies of all questions will be circulated to all members and will be made 

available to the public attending the meeting. 

10.7 Asking the question at the meeting 

The Chair will invite the questioner to put the question to the Member named 

in the notice. If a questioner who has submitted a written question is unable 

to be present, they may ask the Chair to put the question on their behalf. The 

Chair may ask the question on the questioner’s behalf, indicate that a written 

reply will be given or decide, in the absence of the questioner, that the 

question will not be dealt with. 

10.8 Supplemental question 

A questioner who has put a question in person may also put one 

supplementary question without notice to the member who has replied to his 

or her original question. A supplementary question must arise directly out of 

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the original question or the reply. The Chair may reject a supplementary 

question on any of the grounds in Rule 10.5 above. 

10.9 Time Limit on each Questioner 

Each questioner will have a maximum of five minutes in which to ask his or 

her question, receive a response, ask a supplementary question and receive 

a response. Once a period of five minutes has elapsed from the time the 

original question was put, the Mayor will move immediately to next business. 

10.10 Written answers 

Any question, which cannot be dealt with during public question time, either 

because of lack of time or because of the non-attendance of the member to 

whom it was to be put, will be dealt with by written answer within 10 working 

days of the meeting being held. 

10.11 Reference of question to a committee 

Unless the Chair decides otherwise, no discussion will take place on any 

question, but any member may move that a matter raised by a question be 

referred to the appropriate committee or sub-committee. Once seconded, 

such a motion will be voted on without discussion. 


11.1 On reports of committees 

A member of the Council may ask the Chair of a committee or panel any 

question without notice upon an item of the report of a committee or panel 

when that item is being received or under consideration by the Council. 

11.2 Questions on notice at Full Council 

Subject to Rule 11.4, a member of the Council may ask: 

• The Chair 

• The Leader of the Council; or 

• The Chair of any committee, panel or sub-committee 

A question on any matter in relation to which the Council has powers or duties 

or which affects Corby Borough. 

11.3 Questions on notice at committees and sub committees 

Subject to Rule 11.4, a member of a committee or sub-committee may ask 

the Chair of it a question on any matter in relation to which the Council has 

powers or duties or which affect Corby Borough and which falls within the 

terms of reference of that committee, panel or sub-committee. 


A member may only ask a question under Rule 11.2 or 11.3 if either: 

(a) they have given at least 3 working days notice in writing or by electronic 

mail of the question to the Proper Officer; or 

(b) the question relates to urgent matters, they have the consent of the Chair 

to whom the question is to be put and the content of the question is given 

to the Proper Officer by noon on the day of the meeting. 

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11.5 Response 

An answer may take the form of: 

(a) a direct oral answer; 

(b) where the desired information is in a publication of the Council or other 

published work, a reference to that publication; or 

(c) where the reply cannot conveniently be given orally, a written answer 

circulated later to the questioner, and all members of the relevant 

meeting. 

11.6 Supplementary question 

A member asking a question under Rule 11.2 or 11.3 may ask one 

supplementary question without notice of the member to whom the first 

question was asked. The supplemental question must arise directly out of the 

original question or reply. 

12. Motions on Notice 

12.1 Notice 

Except for motions which can be moved without notice under Rule 13, written 

notice of every motion, signed by a member, must be delivered to the Proper 

Officer not later than 10 working days before the date of the meeting. These 

will be entered in a book and entered on the Council’s Website open to public 

inspection. 

12.2 Motion set out in Agenda 

Motions for which notice has been given will be listed on the agenda in the 

order in which notice was received, unless the member giving notice states, in 

writing, that they propose to move it to a later meeting or withdraw it. 

12.3 Scope 

Motions must be about matters for which the Council has a responsibility or 

which affect Corby Borough. 

12.4 Procedure 

A member may withdraw a motion at any time. 

i) A motion may be moved by the member(s) who gave the original 

notice or by some other member for him/her; and 

ii) If the motion is not moved, it will be treated as withdrawn and may not 

be moved without fresh notice. 

iii) Any motion under this Rule of Procedure, on being moved and 

seconded, will, without discussion, be referred to the appropriate 

committee, sub-committee or panel for consideration and report. 

13. Motions Without Notice 

The following motions may be moved without notice: 

(a) to appoint a Chair of the meeting at which the motion is moved; 

(b) in relation to the accuracy of the minutes; 

(c) to change the order of business in the agenda; 

(d) to refer something to an appropriate body or individual; 

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(e) to appoint a committee arising from an item on the summons for the 

meeting; 

(f) to receive reports or adoption of recommendations of committees or 

officers and any resolutions following from them; 

(g) to withdraw a motion; 

(h) to amend a motion; 

(i) to proceed to the next business; 

(j) that the question be now put; 

(k) to adjourn a debate; 

(l) to adjourn a meeting; 

(m) (that the meeting continue beyond (n) hours in duration – if Rule 9 option 

2 is used;) 

(n) to suspend a particular council procedure rule; 

(o) to exclude the public and press in accordance with the Access to 

Information Rules; 

(p) to not hear further a member named under Rule 21.3 or to exclude them 

from the meeting under Rule 21.4; 

(q) to give the consent of the Council where its consent is required by this 

Constitution; and 

(r) To refer the matter under discussion back to the original committee, subcommittee, 

panel or forum. 

14. Rules of Debate 

14.1 No speeches until motion seconded 

No speeches may be made after the mover has moved a proposal and 

explained the purpose of it until the motion has been seconded. 

14.2 Right to require motion in writing 

Unless notice of the motion has already been given, the Chair may require it 

to be written down and handed to him/her before it is discussed. 

14.3 Seconder’s speech 

When seconding a motion or amendment, a member may reserve their 

speech until later in the debate. 

14.4 Content and length of speeches 

Speeches must be directed to the question under discussion or to a personal 

explanation or point of order. No speech may exceed five minutes without the 

consent of the Chair. 

14.5 When a Member may speak again 

A member who has spoken on a motion may not speak again whilst it is the 

subject of debate, except: 

(a) to speak once on an amendment moved by another member; 

(b) to move a further amendment if the motion has been amended since 

he/she last spoke; 

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(c) if his/her first speech was on an amendment moved by another member, 

to speak on the main issue (whether or not the amendment on which 

he/she spoke was carried); 

(d) in exercise of a right of reply; 

(e) on a point of order; and 

(f) by way of personal explanation. 

14.6 Amendments to motions 

(a) an amendment to a motion must be relevant to the motion and will either 

be: 

(i) to refer the matter to an appropriate body or individual for 

consideration or reconsideration; 

(ii) to leave out words; 

(iii) to leave out words and insert or add others; or 

(iv) to insert or add words. 

As long as the effect of (ii) to (iv) is not to negate the motion. 

(b) Only one amendment may be moved and discussed at any one time. No 

further amendment may be moved until the amendment under discussion 

has been disposed of. 

(c) If an amendment is not carried, other amendments to the original motion 

may be moved. 

(d) If an amendment is carried, the motion as amended takes the place of the 

original motion. This becomes the substantive motion to which any further 

amendments are moved. 

(e) After an amendment has been carried, the Chair will read out the 

amended motion before accepting any further amendments, or if there are 

none, put it to the vote. 

14.7 Alteration of motion 

(a) A member may alter a motion of which he/she has given notice with the 

consent of the meeting. The meeting’s consent will be signified without 

discussion. 

(b) A member may alter a motion which he/she has moved without notice with 

the consent of both the meeting and the seconder. The meeting’s 

consent will be signified without discussion. 

(c) Only alterations, which could be made as an amendment, may be made. 

14.8 Withdrawal of motion 

A member may withdraw a motion which he/she has moved with the consent 

of both the meeting and the seconder. The meeting’s consent will be signified 

without discussion. No member may speak on the motion after the mover 

has asked permission to withdraw it unless permission is refused. 

14.9 Right of reply 

(a) The mover of a motion has a right to reply at the end of the debate on the 

motion, immediately before it is put to the vote. 

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(b) If an amendment is moved, the mover of the original motion has the right 

of reply at the close of the debate on the amendment, but may not 

otherwise speak on it. 

(c) The mover of the amendment has no right of reply to the debate on his or 

her amendment. 

14.10 Motions which may be moved during debate 

When a motion is under debate, no other motion may be moved except the 

following procedural motions: 

(a) to withdraw a motion; 

(b) to amend a motion; 

(c) to proceed to the next business; 

(d) that the question be now put; 

(e) to adjourn a debate; 

(f) to adjourn a meeting; 

(g) that the meeting continue beyond 3 hours in duration; 

(h) to exclude the public and press in accordance with the Access to 


(i) to not hear further a member named under Rule 21.3 or to exclude them 

from the meeting under 21.4. 

14.11 Closure motions 

(a) A member may move, without comment, the following motions at the end 

of a speech of another member: 


(ii) that the question be now put; 

(iii) to adjourn a debate; or 

(v) to adjourn a meeting. 

(b) If a motion to proceed to next business is seconded and the Chair thinks 

the item has been sufficiently discussed, he or she will give the mover of 

the original motion a right of reply and then put the procedural motion to 

the vote. 

(c) If a motion that the question be now put is seconded and the Chair thinks 

the item has been sufficiently discussed, he/she will put the procedural 

motion to the vote. If it is passed he/she will give the mover of the original 

motion a right of reply before putting his/her motion to the vote. 

(d) If a motion to adjourn the debate or to adjourn the meeting is seconded 

and the Chair thinks the item has not been sufficiently discussed and 

cannot reasonably be so discussed on that occasion, he/she will put the 

procedural motion to the vote without giving the mover of the original 

motion the right of reply. 

14.12 Point of order 

A member may raise a point of order at any time. The Chair will hear them 

immediately. A point of order may only relate to an alleged breach of these 

Council Rules of Procedure or the law. The member must indicate the rule or 

4A.11


law and the way in which he/she considers it has been broken. The ruling of 

the Chair on the matter will be final. 

14.13 Personal explanation 

A member may make a personal explanation at any time. A personal 

explanation may only relate to some material part of an earlier speech by the 

member which may appear to have been misunderstood in the present 

debate. The ruling of the Chair on the admissibility of a personal explanation 

will be final. 

15. The Corby Borough Debate 

15.1 Calling of debate 

The Democracy & Governance Panel (acting on behalf of the Council) will call 

a Corby Borough debate annually on a date and in a form to be agreed with 

the Leader of the Council and the Chief Executive. 

15.2 Form of debate 

The Democracy & Governance Panel will decide the form of the debate with 

the aim of enabling the widest possible public involvement and publicity. This 

may include holding workshops and other events prior to or during the Corby 

Borough debate. 

15.3 Chairing of debate 

The debate will be chaired by either the Leader of the Council (or appointed 

deputy) or the Chief Executive (or appointed deputy). 

15.4 Results of debate 

The results of the debate will be: 

(i) disseminated as widely as possible within the community and to agencies 

and organisations in the area; and 

(ii) considered by the Leader of the Council proposing the budget and policy 

framework to the Council for the coming year. 

16. Previous Decisions and Motions 

16.1 Motion to rescind a previous decision 

A motion or amendment to rescind a decision made at a meeting of Council 

within the past six months cannot be moved unless the notice of motion is 

signed by at least nine members. 

16.2 Motion similar to one previously rejected 

A motion or amendment in similar terms to one that has been rejected at a 

meeting of Council in the past six months cannot be moved unless the notice 

of motion or amendment is signed by at least nine members. Once the 

motion or amendment is dealt with, no one can propose a similar motion or 

amendment for six months. 

17. Voting 

17.1 Majority 

Unless this Constitution provides otherwise, any matter will be decided by a 

simple majority of those members voting and present in the room at the time 

the question was put. 

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17.2 Chair’s Casting vote 

If there are equal numbers of votes for and against, the Chair will have a 

second or casting vote. There will be no restriction on how the Chair chooses 

to exercise a casting vote. 

17.3 Show of hands 

Unless a ballot or recorded vote is demanded under Rules 17.4 and 17.5, the 

Chair will take the vote by show of hands, or if there is no dissent, by the 

affirmation of the meeting. 

17.4 Ballots 

The vote will take place by ballot if nine members present at the meeting 

demand it. The Chair will announce the numerical result of the ballot 

immediately the result is known. 

17.5 Recorded vote 

If five members present at the meeting demand it, the names for and against 

the motion or amendment or abstaining from voting will be taken down in 

writing and entered into the minutes. A demand for a recorded vote will 

override a demand for a ballot. 

17.6 Right to require individual vote to be recorded 

This is a mandatory standing order under the Local Authorities (Standing 

Orders) Regulations 1993. 

Where any member requests it immediately after the vote is taken, their vote 

will be so recorded in the minutes to show whether they voted for or against 

the motion or abstained from voting. 

17.7 Voting on appointments 

If there are more than two people nominated for any position to be filled and 

there is not a clear majority of votes in favour of one person, then the name of 

the person with the least number of votes will be taken off the list and a new 

vote taken. The process will continue until there is a majority of votes for one 

person. 

18. Minutes 

18.1 Signing the minutes 

The Chair will sign the minutes of the proceedings at the next suitable 

meeting. The Chair will move that the minutes of the previous meeting be 

signed as a correct record. The only part of the minutes that can be 

discussed is their accuracy. 

18.2 No requirement to sign minutes of previous meeting at extraordinary 

meeting 



Where in relation to any meeting, the next meeting for the purpose of signing 

the minutes is a meeting called under paragraph 3 of schedule 12 to the Local 

Government Act 1972 (an Extraordinary Meeting), then the next following 

meeting (being a meeting called otherwise than under that paragraph) will be 

treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of 

schedule 12 relating to signing of minutes. 

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18.3 Form of minutes 

Minutes will contain all motions and amendments in the exact form and order 

the Chair put them. 

19. Record of Attendance 

All members present during the whole or part of a meeting should sign their 

names on the attendance sheets before the conclusion of every meeting to 

assist with the record of attendance. 

20. Exclusion of Public 

Members of the public and press may only be excluded either in accordance 

with the Access to Information Rules in Part 4 of this Constitution or Rule 22 

(Disturbance by Public). 

21. Members’ Conduct 

21.1 Standing to speak 

When a member speaks at full Council they must stand and address the 

meeting through the Chair. If more than one member stands, the Chair will 

ask one to speak and the others must sit. Other members must remain 

seated whilst a member is speaking unless they wish to make a point of order 

or a point of personal explanation. 

21.2 Chair Standing 

When the Chair stands during a debate, any member speaking at the time 

must stop and sit down. The meeting will be silent. 

21.3 Member not to be heard further 

If a member persistently disregards the ruling of the Chair by behaving 

improperly or offensively or deliberately obstructs business, the Chair may 

move that the member be not heard further. If seconded, the motion will be 

voted on without discussion. 

21.4 Member to leave the meeting 

If the Member continues to behave improperly after such a motion is carried, 

the Chair may move that either the member leaves the meeting or that the 

meeting is adjourned for a specified period. If seconded, the motion will be 


21.5 General Disturbance 

If there is a general disturbance making orderly business impossible, the 

Chair may adjourn the meeting for as long as he/she thinks necessary. 

21.6 Code of Conduct 

Members should note their responsibilities under the local Code of Conduct 

when participating in meetings of Full Council, committees, overview and 

scrutiny panels, forums or any other official meeting. 

22 Disturbance by the Public 

22.1 Removal of member of the public 

If a member of the public interrupts proceedings, the Chair will warn the 

person concerned. If they continue to interrupt, the Chair will order their 

removal from the meeting room. 

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22.2 Clearance of part of meeting room 

If there is a general disturbance in any part of the meeting room open to the 

public, the Chair may call for that part to be cleared. 

23 Petitions 

23.1 Petitions containing not less than 50 signatures may be presented at 

meetings of the Council provided seven clear days’ notice has been given by 

the Proper Officer before the meeting. The Council will, without debate, refer 

any petition to the appropriate committee or panel for consideration. 

23.2 If the petitioners so wish, a petition may be presented to the Chair of the 

appropriate committee or panel or the relevant officer for consideration by the 

appropriate committee or panel, provided seven clear days notice in writing 

has been given to the Proper Officer before the committee or panel meeting. 

23.3 When the appropriate committee or panel considers a petition, a 

representative of the petitioners may speak at the committee or panel 

meeting for not more than five minutes. 

23.4 A register of all petitions received setting out the meeting at which a petition 

has been considered shall be kept by the Proper Officer and open to 

inspection by members. 

24 Use of Mobile Phones and Recording Equipment 

24.1 Unless the consent of the meeting has been given the use of mobile phones 

and/or any form of recording or transmitting equipment is not permitted at any 

meeting of the Council or of its committees, sub-committees, panels or 

forums. 

25 Suspension and amendment of Council procedure rules 

25.1 Suspension 

All of these Council Rules of Procedure except Rule 17.6 and 18.2 may be 

suspended by motion on notice or without notice if at least one half of the 

whole number of members of the Council are present. Suspension can only 

be for the duration of the meeting. 

25.2 Amendment 

Any motion to add to, vary or revoke these Council Rules of Procedure will, 

when proposed and seconded, stand adjourned without discussion to the next 

ordinary meeting of the Council. 

26 Application to Committees and Sub Committees 

All of the Council Rules of Procedure apply to meetings of full Council. Only 

rules 5-9, 11-14, 16-18, 20-24 (but not Rule 21.1) apply to meetings of 

committees, sub-committees, forums and panels. 

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PART FOUR – 4A 

COUNCIL PROCEDURE RULES 

4A.1


CONTENTS 

RULES OF PROCEDURE 

1. Annual meeting of the Council 

2. Ordinary meetings 


4. Appointment of substitute members of committees and sub committees 

5. Time and place of meetings 

6. Notice of and summons to meetings 

7. Chair of meeting 

8. Quorum 

9. Duration of meeting 



12. Motions on notice 

13. Motions without notice 

14. Rules of debate 

15. State of Corby Borough debate 

16. Previous decisions and motions 

17. Voting 

18. Minutes 

19. Record of attendance 

20. Exclusion of public 

21. Members’ conduct 

22. Disturbance by public 

23. Suspension and amendment of Council Procedure Notes 

24. Application to committees and sub committees 

For the purposes of this section, the Chief Executive is the designated “Proper 

Officer”. In their absence the Deputy Chief Executive will be the designated “Proper 

Officer”. Some of the duties designated in this section may be delegated by the 

“Proper Officer” to other officers. The Committee & Electoral Services Manager may 

act on behalf of the “Proper Officer” in their absence. At meetings of committees, 

sub-committees, panels & forums, the duly appointed minute clerk shall normally be 

the representative of the “Proper Officer”, and shall undertake such responsibilities & 

duties as designated in this section. 

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1. Annual Meetings of the Council 

1.1 Timing and Business 

In a year when there is an ordinary election of Elected Members, the annual meeting 

will take place within 21 days of the retirement of the outgoing Elected Members. In 

any other year, the annual meeting will take place in March, April or May. 

The annual meeting will:- 

i) elect a person to preside if the Mayor and the Deputy Mayor of the Council is 

not present; 

ii) elect the Mayor of the Council; 

iii) elect the Deputy Mayor of the Council; 


ii) receive any announcements from the Mayor and/or Head of the Paid Service; 

iii) elect the Leader of the Council & the Deputy Leader of the Council; 

iv) note the appointment of leader and deputy-leader of recognised political 

groups represented within the Council; 

v) appoint at least one overview and scrutiny panel, a local Standards 

Committee and such other Committees as the Council considers appropriate; 

vi) agree the Scheme of Delegation; 

vii) approve a programme of ordinary meetings of the Council for the year (if not 

already agreed by Council); and 

viii) consider any business set out in the notice convening the meeting. 

1.2 Selection of Elected Members on Committees and Outside Bodies 

At the annual meeting, the Council meeting will: 

i) decide which committees to establish for the municipal year; 

ii) decide the size and terms of reference for those committees; 

iii) decide the allocation of seats (and substitutes) to political groups in 

accordance with the political balance rules; 

iv) receive nominations of Elected Members to serve on each committee and 

outside body; and 

v) appoint to those committees and outside bodies except where appointment to 

those bodies has been delegated by the Council. 

2. Ordinary Meetings 

Ordinary meetings of the Council will take place in accordance with a programme 

decided at the Council’s annual meeting. Ordinary meetings will:- 

a) elect a person to preside if the Mayor and the Deputy Mayor are not present; 


ii) receive any declarations of interest from Members; 

iii) receive any announcements from the Mayor, Leader or Head of Paid Service; 

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iv) receive questions from and provide answers to, the public in relation to 

matters which in the opinion of the person presiding at the meeting are 

relevant to the business of the meeting; 

v) deal with any business from the last Council meeting; 

vi) receive reports in the form of draft minutes from the Council’s committees and 

receive questions and answers on any of those reports; 

vii) receive reports about and receive questions and answers on the business of 

joint arrangements and external organisations; 

viii) to receive any petitions in accordance with the Rules of Procedure; 

ix) consider motions; and 

x) consider any other business specified in the summons to the meeting, 

including consideration of the proposals from the policy committees in relation 

to the Council’s budget and policy framework and reports of the overview and 

scrutiny panels for debate. 


3.1 Calling extraordinary meetings 

Those listed below may request the Proper Officer of the Council to call 

Council meetings in addition to ordinary meetings:- 

i) the Council by resolution; 

ii) the Mayor of the Council; 

iii) the Monitoring Officer; and 

iv) any five members of the Council if they have signed a requisition 

presented to the Mayor of the Council and he/she has refused to call a 

meeting or has failed to call a meeting within seven days of the 

presentation of the requisition. 

3.2 Business 

i) The requisition or resolution should clearly state the specific topic to 

be discussed, and give a clear reason why this topic cannot be 

submitted to the next ordinary meeting of the Council. A copy of the 

resolution or requisition will be kept on file by the Proper Officer. 

4. Appointment of Substitute Members of Committees and Sub 

Committees 

4.1 Allocation 

As well as allocating seats on Committees and Sub Committees, the Council 

will allocate seats in the same manner for substitute members. 

4.2 Number 

For each Committee or Sub Committee, the Council will appoint the a number 

of substitutes in respect of each political group as that group holds ordinary 

seats on that committee or sub committee up to a maximum of 4. 

4.3 Powers and Duties 

Substitute Members will have all the powers and duties of any ordinary 

member of the committee but will not be able to exercise any special powers 

or duties exercisable by the person they are substituting. 

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4.4 Substitution 

Substitute members may attend meetings in that capacity only: 

i) to take the place of the ordinary member for whom they are the 

designated substitute; 

ii) where the ordinary member will be absent for the whole of the 

meeting; and 

iii) after notifying the Proper Officer at the start of the meeting of the 

intended substitution. The substitution should clearly be recorded in 

the minutes of the meeting. 

5. Time and Place of Meetings 

The time and place of meetings will be determined by the Proper Officer and 

notified in the summons. 

6. Notice of and Summons to Meetings 

The Proper Officer will give notice to the public of the time and place of any 

meeting in accordance with the Access to Information rules. At least seven 

clear days before a meeting the Proper Officer will send a summons signed 

by him or her by post or electronic mail to every Member of the Council or 

leave it at their usual place of residence. The summons will give the date, 

time and place of each meeting and specify the business to be transacted 

and will be accompanied by such reports as are available. For meetings of 

committees, sub-committees, panels or forums the summons shall be 

delivered at least five clear days before a meeting. 

7. Chair of Meeting 

The person presiding at the meeting may exercise any power or duty of the 

Mayor. Where these rules apply to committee, sub committee meetings, 

panels and forums, references to the Mayor also include the Chair of 

Committees, Sub-committees, panels & forums. 

8. Quorum 

The quorum of a meeting will be one quarter of the whole number of 

Members. During any meeting if the Mayor counts the number of members 

present and declares there is not a quorum present, then the meeting will 

adjourn immediately. Remaining business will be considered at a time and 

date fixed by the Mayor. If he/she does not fix a date, the remaining business 

will be considered at the next ordinary meeting. 

The quorum for meetings of committees, sub-committees, panels & forum 

shall be one quarter of the whole number of Members present. However, in 

no case shall the quorum be less than three. 

9. Duration of Meeting 

9.1 Close of the meeting 

Unless the majority of members present vote for the meeting to continue, any 

meeting that has lasted 3 hours will adjourn immediately. Remaining 

business will be considered at a time and date fixed by the Chair. If he/she 

does not fix a date, the remaining business will be considered at the next 

ordinary meeting. 

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10.1 General 

Members of the public may ask questions of Members at ordinary meetings of 

the Council. 

10.2 Order of questions 

Questions will be asked in the order notice of them was received, except that 

the Chair may group together similar questions. 


A question may only be asked if notice has been given by delivering it in 

writing or by electronic mail to the Proper Officer no later than midday 3 

working days before the day of the meeting. Each question must give the 

name and address of the questioner and must name the member of the 

Council to whom it is to be put. 

10.4 Number of questions 

At any one meeting no person may submit more than one question and no 

more than one such question may be asked on behalf of one organisation. 

10.5 Scope of questions 

The Proper Officer may reject a question if it: 

• Is not about a matter for which the local authority has a responsibility or 

which affects the borough; 

• Is defamatory, frivolous or offensive; 

• Is substantially the same as a question which has been put at a meeting 

of the Council in the past six months; or 

• Requires the disclosure of confidential or exempt information. 

10.6 Record of questions 

The Proper Officer will enter each question in a book open to public 

inspection (including via the Council’s Website) and will immediately send a 

copy of the question to the Member to whom it is to be put. Rejected 

questions will include reasons for rejection. 

Copies of all questions will be circulated to all members and will be made 

available to the public attending the meeting. 

10.7 Asking the question at the meeting 

The Chair will invite the questioner to put the question to the Member named 

in the notice. If a questioner who has submitted a written question is unable 

to be present, they may ask the Chair to put the question on their behalf. The 

Chair may ask the question on the questioner’s behalf, indicate that a written 

reply will be given or decide, in the absence of the questioner, that the 

question will not be dealt with. 

10.8 Supplemental question 

A questioner who has put a question in person may also put one 

supplementary question without notice to the member who has replied to his 

or her original question. A supplementary question must arise directly out of 

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the original question or the reply. The Chair may reject a supplementary 

question on any of the grounds in Rule 10.5 above. 

10.9 Time Limit on each Questioner 

Each questioner will have a maximum of five minutes in which to ask his or 

her question, receive a response, ask a supplementary question and receive 

a response. Once a period of five minutes has elapsed from the time the 

original question was put, the Mayor will move immediately to next business. 

10.10 Written answers 

Any question, which cannot be dealt with during public question time, either 

because of lack of time or because of the non-attendance of the member to 

whom it was to be put, will be dealt with by written answer within 10 working 

days of the meeting being held. 

10.11 Reference of question to a committee 

Unless the Chair decides otherwise, no discussion will take place on any 

question, but any member may move that a matter raised by a question be 

referred to the appropriate committee or sub-committee. Once seconded, 

such a motion will be voted on without discussion. 


11.1 On reports of committees 

A member of the Council may ask the Chair of a committee or panel any 

question without notice upon an item of the report of a committee or panel 

when that item is being received or under consideration by the Council. 

11.2 Questions on notice at Full Council 

Subject to Rule 11.4, a member of the Council may ask: 

• The Chair 

• The Leader of the Council; or 

• The Chair of any committee, panel or sub-committee 

A question on any matter in relation to which the Council has powers or duties 

or which affects Corby Borough. 

11.3 Questions on notice at committees and sub committees 

Subject to Rule 11.4, a member of a committee or sub-committee may ask 

the Chair of it a question on any matter in relation to which the Council has 

powers or duties or which affect Corby Borough and which falls within the 

terms of reference of that committee, panel or sub-committee. 


A member may only ask a question under Rule 11.2 or 11.3 if either: 

(a) they have given at least 3 working days notice in writing or by electronic 

mail of the question to the Proper Officer; or 

(b) the question relates to urgent matters, they have the consent of the Chair 

to whom the question is to be put and the content of the question is given 

to the Proper Officer by noon on the day of the meeting. 

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11.5 Response 

An answer may take the form of: 

(a) a direct oral answer; 

(b) where the desired information is in a publication of the Council or other 

published work, a reference to that publication; or 

(c) where the reply cannot conveniently be given orally, a written answer 

circulated later to the questioner, and all members of the relevant 

meeting. 

11.6 Supplementary question 

A member asking a question under Rule 11.2 or 11.3 may ask one 

supplementary question without notice of the member to whom the first 

question was asked. The supplemental question must arise directly out of the 

original question or reply. 

12. Motions on Notice 

12.1 Notice 

Except for motions which can be moved without notice under Rule 13, written 

notice of every motion, signed by a member, must be delivered to the Proper 

Officer not later than 10 working days before the date of the meeting. These 

will be entered in a book and entered on the Council’s Website open to public 

inspection. 

12.2 Motion set out in Agenda 

Motions for which notice has been given will be listed on the agenda in the 

order in which notice was received, unless the member giving notice states, in 

writing, that they propose to move it to a later meeting or withdraw it. 

12.3 Scope 

Motions must be about matters for which the Council has a responsibility or 

which affect Corby Borough. 

12.4 Procedure 

A member may withdraw a motion at any time. 

i) A motion may be moved by the member(s) who gave the original 

notice or by some other member for him/her; and 

ii) If the motion is not moved, it will be treated as withdrawn and may not 

be moved without fresh notice. 

iii) Any motion under this Rule of Procedure, on being moved and 

seconded, will, without discussion, be referred to the appropriate 

committee, sub-committee or panel for consideration and report. 

13. Motions Without Notice 

The following motions may be moved without notice: 

(a) to appoint a Chair of the meeting at which the motion is moved; 

(b) in relation to the accuracy of the minutes; 

(c) to change the order of business in the agenda; 

(d) to refer something to an appropriate body or individual; 

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(e) to appoint a committee arising from an item on the summons for the 

meeting; 

(f) to receive reports or adoption of recommendations of committees or 

officers and any resolutions following from them; 

(g) to withdraw a motion; 

(h) to amend a motion; 


(j) that the question be now put; 

(k) to adjourn a debate; 

(l) to adjourn a meeting; 

(m) (that the meeting continue beyond (n) hours in duration – if Rule 9 option 

2 is used;) 

(n) to suspend a particular council procedure rule; 

(o) to exclude the public and press in accordance with the Access to 


(p) to not hear further a member named under Rule 21.3 or to exclude them 

from the meeting under Rule 21.4; 

(q) to give the consent of the Council where its consent is required by this 

Constitution; and 

(r) To refer the matter under discussion back to the original committee, subcommittee, 

panel or forum. 

14. Rules of Debate 

14.1 No speeches until motion seconded 

No speeches may be made after the mover has moved a proposal and 

explained the purpose of it until the motion has been seconded. 

14.2 Right to require motion in writing 

Unless notice of the motion has already been given, the Chair may require it 

to be written down and handed to him/her before it is discussed. 

14.3 Seconder’s speech 

When seconding a motion or amendment, a member may reserve their 

speech until later in the debate. 

14.4 Content and length of speeches 

Speeches must be directed to the question under discussion or to a personal 

explanation or point of order. No speech may exceed five minutes without the 

consent of the Chair. 

14.5 When a Member may speak again 

A member who has spoken on a motion may not speak again whilst it is the 

subject of debate, except: 

(a) to speak once on an amendment moved by another member; 

(b) to move a further amendment if the motion has been amended since 

he/she last spoke; 

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(c) if his/her first speech was on an amendment moved by another member, 

to speak on the main issue (whether or not the amendment on which 

he/she spoke was carried); 

(d) in exercise of a right of reply; 

(e) on a point of order; and 

(f) by way of personal explanation. 

14.6 Amendments to motions 

(a) an amendment to a motion must be relevant to the motion and will either 

be: 

(i) to refer the matter to an appropriate body or individual for 

consideration or reconsideration; 

(ii) to leave out words; 

(iii) to leave out words and insert or add others; or 

(iv) to insert or add words. 

As long as the effect of (ii) to (iv) is not to negate the motion. 

(b) Only one amendment may be moved and discussed at any one time. No 

further amendment may be moved until the amendment under discussion 

has been disposed of. 

(c) If an amendment is not carried, other amendments to the original motion 

may be moved. 

(d) If an amendment is carried, the motion as amended takes the place of the 

original motion. This becomes the substantive motion to which any further 

amendments are moved. 

(e) After an amendment has been carried, the Chair will read out the 

amended motion before accepting any further amendments, or if there are 

none, put it to the vote. 

14.7 Alteration of motion 

(a) A member may alter a motion of which he/she has given notice with the 

consent of the meeting. The meeting’s consent will be signified without 

discussion. 

(b) A member may alter a motion which he/she has moved without notice with 

the consent of both the meeting and the seconder. The meeting’s 

consent will be signified without discussion. 

(c) Only alterations, which could be made as an amendment, may be made. 

14.8 Withdrawal of motion 

A member may withdraw a motion which he/she has moved with the consent 

of both the meeting and the seconder. The meeting’s consent will be signified 

without discussion. No member may speak on the motion after the mover 

has asked permission to withdraw it unless permission is refused. 

14.9 Right of reply 

(a) The mover of a motion has a right to reply at the end of the debate on the 

motion, immediately before it is put to the vote. 

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(b) If an amendment is moved, the mover of the original motion has the right 

of reply at the close of the debate on the amendment, but may not 

otherwise speak on it. 

(c) The mover of the amendment has no right of reply to the debate on his or 

her amendment. 

14.10 Motions which may be moved during debate 

When a motion is under debate, no other motion may be moved except the 

following procedural motions: 

(a) to withdraw a motion; 

(b) to amend a motion; 

(c) to proceed to the next business; 

(d) that the question be now put; 

(e) to adjourn a debate; 

(f) to adjourn a meeting; 

(g) that the meeting continue beyond 3 hours in duration; 

(h) to exclude the public and press in accordance with the Access to 


(i) to not hear further a member named under Rule 21.3 or to exclude them 

from the meeting under 21.4. 

14.11 Closure motions 

(a) A member may move, without comment, the following motions at the end 

of a speech of another member: 


(ii) that the question be now put; 

(iii) to adjourn a debate; or 

(v) to adjourn a meeting. 

(b) If a motion to proceed to next business is seconded and the Chair thinks 

the item has been sufficiently discussed, he or she will give the mover of 

the original motion a right of reply and then put the procedural motion to 

the vote. 

(c) If a motion that the question be now put is seconded and the Chair thinks 

the item has been sufficiently discussed, he/she will put the procedural 

motion to the vote. If it is passed he/she will give the mover of the original 

motion a right of reply before putting his/her motion to the vote. 

(d) If a motion to adjourn the debate or to adjourn the meeting is seconded 

and the Chair thinks the item has not been sufficiently discussed and 

cannot reasonably be so discussed on that occasion, he/she will put the 

procedural motion to the vote without giving the mover of the original 

motion the right of reply. 

14.12 Point of order 

A member may raise a point of order at any time. The Chair will hear them 

immediately. A point of order may only relate to an alleged breach of these 

Council Rules of Procedure or the law. The member must indicate the rule or 

4A.11


law and the way in which he/she considers it has been broken. The ruling of 

the Chair on the matter will be final. 

14.13 Personal explanation 

A member may make a personal explanation at any time. A personal 

explanation may only relate to some material part of an earlier speech by the 

member which may appear to have been misunderstood in the present 

debate. The ruling of the Chair on the admissibility of a personal explanation 

will be final. 

15. The Corby Borough Debate 

15.1 Calling of debate 

The Democracy & Governance Panel (acting on behalf of the Council) will call 

a Corby Borough debate annually on a date and in a form to be agreed with 

the Leader of the Council and the Chief Executive. 

15.2 Form of debate 

The Democracy & Governance Panel will decide the form of the debate with 

the aim of enabling the widest possible public involvement and publicity. This 

may include holding workshops and other events prior to or during the Corby 

Borough debate. 

15.3 Chairing of debate 

The debate will be chaired by either the Leader of the Council (or appointed 

deputy) or the Chief Executive (or appointed deputy). 

15.4 Results of debate 

The results of the debate will be: 

(i) disseminated as widely as possible within the community and to agencies 

and organisations in the area; and 

(ii) considered by the Leader of the Council proposing the budget and policy 

framework to the Council for the coming year. 

16. Previous Decisions and Motions 

16.1 Motion to rescind a previous decision 

A motion or amendment to rescind a decision made at a meeting of Council 

within the past six months cannot be moved unless the notice of motion is 

signed by at least nine members. 

16.2 Motion similar to one previously rejected 

A motion or amendment in similar terms to one that has been rejected at a 

meeting of Council in the past six months cannot be moved unless the notice 

of motion or amendment is signed by at least nine members. Once the 

motion or amendment is dealt with, no one can propose a similar motion or 

amendment for six months. 

17. Voting 

17.1 Majority 

Unless this Constitution provides otherwise, any matter will be decided by a 

simple majority of those members voting and present in the room at the time 

the question was put. 

4A.12


17.2 Chair’s Casting vote 

If there are equal numbers of votes for and against, the Chair will have a 

second or casting vote. There will be no restriction on how the Chair chooses 

to exercise a casting vote. 

17.3 Show of hands 

Unless a ballot or recorded vote is demanded under Rules 17.4 and 17.5, the 

Chair will take the vote by show of hands, or if there is no dissent, by the 

affirmation of the meeting. 

17.4 Ballots 

The vote will take place by ballot if nine members present at the meeting 

demand it. The Chair will announce the numerical result of the ballot 

immediately the result is known. 

17.5 Recorded vote 

If five members present at the meeting demand it, the names for and against 

the motion or amendment or abstaining from voting will be taken down in 

writing and entered into the minutes. A demand for a recorded vote will 

override a demand for a ballot. 

17.6 Right to require individual vote to be recorded 



Where any member requests it immediately after the vote is taken, their vote 

will be so recorded in the minutes to show whether they voted for or against 

the motion or abstained from voting. 

17.7 Voting on appointments 

If there are more than two people nominated for any position to be filled and 

there is not a clear majority of votes in favour of one person, then the name of 

the person with the least number of votes will be taken off the list and a new 

vote taken. The process will continue until there is a majority of votes for one 

person. 

18. Minutes 

18.1 Signing the minutes 

The Chair will sign the minutes of the proceedings at the next suitable 

meeting. The Chair will move that the minutes of the previous meeting be 

signed as a correct record. The only part of the minutes that can be 

discussed is their accuracy. 

18.2 No requirement to sign minutes of previous meeting at extraordinary 

meeting 



Where in relation to any meeting, the next meeting for the purpose of signing 

the minutes is a meeting called under paragraph 3 of schedule 12 to the Local 

Government Act 1972 (an Extraordinary Meeting), then the next following 

meeting (being a meeting called otherwise than under that paragraph) will be 

treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of 

schedule 12 relating to signing of minutes. 

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18.3 Form of minutes 

Minutes will contain all motions and amendments in the exact form and order 

the Chair put them. 

19. Record of Attendance 

All members present during the whole or part of a meeting should sign their 

names on the attendance sheets before the conclusion of every meeting to 

assist with the record of attendance. 

20. Exclusion of Public 

Members of the public and press may only be excluded either in accordance 

with the Access to Information Rules in Part 4 of this Constitution or Rule 22 

(Disturbance by Public). 

21. Members’ Conduct 

21.1 Standing to speak 

When a member speaks at full Council they must stand and address the 

meeting through the Chair. If more than one member stands, the Chair will 

ask one to speak and the others must sit. Other members must remain 

seated whilst a member is speaking unless they wish to make a point of order 

or a point of personal explanation. 

21.2 Chair Standing 

When the Chair stands during a debate, any member speaking at the time 

must stop and sit down. The meeting will be silent. 

21.3 Member not to be heard further 

If a member persistently disregards the ruling of the Chair by behaving 

improperly or offensively or deliberately obstructs business, the Chair may 

move that the member be not heard further. If seconded, the motion will be 


21.4 Member to leave the meeting 

If the Member continues to behave improperly after such a motion is carried, 

the Chair may move that either the member leaves the meeting or that the 

meeting is adjourned for a specified period. If seconded, the motion will be 


21.5 General Disturbance 

If there is a general disturbance making orderly business impossible, the 

Chair may adjourn the meeting for as long as he/she thinks necessary. 

21.6 Code of Conduct 

Members should note their responsibilities under the local Code of Conduct 

when participating in meetings of Full Council, committees, overview and 

scrutiny panels, forums or any other official meeting. 

22 Disturbance by the Public 

22.1 Removal of member of the public 

If a member of the public interrupts proceedings, the Chair will warn the 

person concerned. If they continue to interrupt, the Chair will order their 

removal from the meeting room. 

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22.2 Clearance of part of meeting room 

If there is a general disturbance in any part of the meeting room open to the 

public, the Chair may call for that part to be cleared. 

23 Petitions 

23.1 Petitions containing not less than 50 signatures may be presented at 

meetings of the Council provided seven clear days’ notice has been given by 

the Proper Officer before the meeting. The Council will, without debate, refer 

any petition to the appropriate committee or panel for consideration. 

23.2 If the petitioners so wish, a petition may be presented to the Chair of the 

appropriate committee or panel or the relevant officer for consideration by the 

appropriate committee or panel, provided seven clear days notice in writing 

has been given to the Proper Officer before the committee or panel meeting. 

23.3 When the appropriate committee or panel considers a petition, a 

representative of the petitioners may speak at the committee or panel 

meeting for not more than five minutes. 

23.4 A register of all petitions received setting out the meeting at which a petition 

has been considered shall be kept by the Proper Officer and open to 

inspection by members. 

24 Use of Mobile Phones and Recording Equipment 

24.1 Unless the consent of the meeting has been given the use of mobile phones 

and/or any form of recording or transmitting equipment is not permitted at any 

meeting of the Council or of its committees, sub-committees, panels or 

forums. 

25 Suspension and amendment of Council procedure rules 

25.1 Suspension 

All of these Council Rules of Procedure except Rule 17.6 and 18.2 may be 

suspended by motion on notice or without notice if at least one half of the 

whole number of members of the Council are present. Suspension can only 

be for the duration of the meeting. 

25.2 Amendment 

Any motion to add to, vary or revoke these Council Rules of Procedure will, 

when proposed and seconded, stand adjourned without discussion to the next 

ordinary meeting of the Council. 

26 Application to Committees and Sub Committees 

All of the Council Rules of Procedure apply to meetings of full Council. Only 

rules 5-9, 11-14, 16-18, 20-24 (but not Rule 21.1) apply to meetings of 

committees, sub-committees, forums and panels. 

4A.15

Part Four – Rules of Procedure (Access to Information Procedures Rules) 

PART FOUR – 4B 

ACCESS TO INFORMATION 

PROCEDURE RULES 

4B.1


ACCESS TO INFORMATION PROCEDURE RULES 

The access to information rules which apply to Council meetings and committees of 

Council are set out in sections 100A-H and schedule 12A of the Local Government 

Act 1972. These rules were amended by the Local Government (Access to 

Information)(Variation) Order 2006 and the Relevant Authorities (Standards 

Committee)(Amendment) Regulations 2006. 

In applying access to information rules, councils should take account of the 

presumption of openness principle of decision making. 

1. SCOPE 

These rules apply to all meetings of the Council, overview and scrutiny 

panels, area committees or forums, policy and other committees and the 

Standards Committee (together called meetings). 

2. ADDITIONAL RIGHTS TO INFORMATION 

These rules do not affect any more specific rights to information contained 

elsewhere in this Constitution or the law. 

3. RIGHTS TO ATTEND MEETINGS 

Members of the press and public may attend all meetings subject only to the 

exceptions in these rules. 

4. NOTICES OF MEETING 

The council will give at least five clear days notice of any meeting by posting 

details of the meeting at the main civic offices of the Council and by issuing 

notice on the Council’s Website. 

5. ACCESS TO AGENDA AND REPORTS BEFORE MEETING 

The Council will make copies of the agenda and reports open to the public 

and press available for inspection at the main civic offices at least three clear 

days before the meeting and will update the Council’s Website accordingly. 

If an item is added to the agenda later, the revised agenda (where reports are 

prepared after the summons has been sent out, the designated officer shall 

make each such report available to the public as soon as the report is 

completed and sent to Elected Members) will be open to inspection for the 

time the item was added to the agenda. 

6. SUPPLY OF COPIES 

The Council will supply copies of: 

(a) any agenda and reports which are open to public inspection; 

(b) any further statements or particulars necessary to indicate the nature of 

the items in the agenda; and 

(c) if the Proper Officer thinks fit, copies of any other documents supplied to 

Elected Members in connection with an item 

to any person on payment of a charge for postage and any other reasonable 

costs. 

4B.2


7. ACCESS TO MINUTES ETC AFTER THE MEETING 

The Council will make available copies of the following for six years after a 

meeting: 

(a) the minutes of the meeting excluding any part of the minutes of 

proceedings when the meeting was not open to the public or which 

disclose exempt or confidential information; 

(b) a summary of any proceedings not open to the public where the minutes 

open to inspection would not provide a reasonably fair and coherent 

record; 

(c) the agenda for the meeting; and 

(d) reports relating to items when the meeting was open to the public. 

8. BACKGROUND PAPERS 

8.1 List of background papers 

The Proper Officer will set out in every report a list of those documents (called 

background papers) relating to the subject matter of the report which in 

his/her opinion: 

(a) disclose any facts or matters on which the report or an important part of 

the report is based; and 

(b) which have been relied on to a material extent in preparing the report 

but does not include published works or those which disclose exempt or 

confidential information (as defined in Rule 10). 

8.2 Public inspection of background papers 

The Council will make available for public inspection for four years after the 

date of the meeting one copy of each of the documents on the list of 

background papers. 

9. SUMMARY OF PUBLIC’S RIGHTS 

A written summary of the public’s rights to attend meetings and to inspect and 

copy documents must be kept at and available to the public at the main civic 

offices of the Council and detailed on the Council’s Website. 

10. EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS 

10.1 Confidential information – requirement to exclude public 

The public must be excluded from meetings whenever it is likely in view of the 

nature of the business to be transacted or the nature of the proceedings that 

confidential information would be disclosed. 

10.2 Exempt information – discretion to exclude public 

The public may be excluded from meetings whenever it is likely in view of the 

nature of the business to be transacted or the nature of the proceedings that 

exempt information would be disclosed. 

Where the meeting will determine any person’s civil rights or obligations, or 

adversely affect their possessions, Article 6 of the Human Rights Act 1998 

establishes a presumption that the meeting will be held in public unless a 

private hearing is necessary for one of the reasons specified in Article 6. 

4B.3


10.3 Meaning of confidential information 

Confidential information means information given to the Council by a 

Government Department on terms which forbid its public disclosure or 

information which cannot be publicly disclosed by Court Order. 

10.4 Meaning of exempt information 

Exempt information means information falling within the following categories 

(subject to any condition): 

Para. 

Category 

1. Information relating to any individual. 

2. Information which is likely to reveal the identity of an individual. 

3. Information relating to the financial or business affairs of any 

particular person (including the authority holding that information). 

4. Information relating to any consultations or negotiations, or 

contemplated consultations or negotiations, in connection with any 

labour relations matter arising between the authority or a Minister of 

the Crown and employees of, or office holders under, the authority. 

5. Information in respect of which a claim to legal professional 

privelege could be maintained in legal proceedings. 

6. Information which reveals that the authority proposes – 

(a) to give under any enactment a notice under or by virtue of which 

requirements are imposed on a person; or 

(b) to make an order or direction under any enactment. 

7. Information relating to any action taken or to be taken in connection 

with the prevention, investigation or prosecution of crime. 

Information falling within any of paragraphs 1-7 is not exempt by virtue of that 

paragraph if it relates to proposed development for which the local planning authority 

can grant itself planning permission under Regulation 3 of the Town and Country 

Planning General Regulations 1992. 

The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 

introduced four new categories of “exempt” information, applicable only in the event 

of local hearings being held upon referral of allegations of potential breaches of the 

Member Code of Conduct by the Standards Board for England. These categories 

are: 

a) information relating to the personal circumstances of any person (para.16); 

b) information which is subject to any obligation of confidentiality (para 17); 

c) information which relates in any way to matters concerning national security 

(para 18); and 

d) the deliberations of a standards committee or of a sub-committee of a 

standards committee relating to hearings (para 19). 

11. EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS 

If the Proper Officer thinks fit, the Council may exclude access by the public to 

reports which in his or her opinion relate to items during which, in accordance 

with Rule 10, the meeting is likely not to be open to the public. Such reports will 

4B.4


be marked “Not for publication” together with the category of information likely to 

be disclosed. 

The Proper Officer may reverse any such ruling at a later date if the reasons for 

the original exclusion to access no longer apply. 

4B.5

Part Four – Rules of Procedure (Budget and Policy Framework Procedure Rules) 

PART FOUR – 4C 

BUDGET AND POLICY 

FRAMEWORK PROCEDURE RULES 

4C.1

Part Four – Rules of Procedure (Budget and Policy Framework Procedure Rules) 

BUDGET AND POLICY FRAMEWORK PROCEDURE RULES 

1. The framework for policy committee decisions 

Full Council will be responsible for the adoption of its budget and policy 

framework documents as set out in Article 4 of the Constitution. Once a 

budget or a policy framework document is in place, it will be the responsibility 

of the relevant committee(s) and/or officer(s) to implement it. 

2. Process for developing the framework 

(a) Policy Framework documents may only be approved by Full Council, 

however, it is expected that draft documents are submitted to 

committee and/or overview & scrutiny panel for consideration and 

comment prior to submission to Full Council 

(b) Dependant upon the nature of the Policy Framework document under 

consideration it is expected that appropriate internal & external 

consultation be conducted on any draft document, and that the 

results/feedback from this consultation be taken into consideration by 

Members prior to them approving any final document. 

(c) Mechanisms will be established by the Council to monitor and review 

the efficiency & effectiveness of individual Policy Framework 

documents. There is no prescriptive mechanism, however, the results 

of monitoring and review should be available to Members and the 

public on request. 

(d) The Council will seek to engage internal & external stakeholders 

through a variety of means in formulating draft Policy Framework 

documents. Whilst no prescriptive mechanism is laid down, the 

Council should ensure that all sections of the public and stakeholders 

are encouraged to participate and forward suggestions/comments. 

The Council will be encouraged to use a variety of means in which to 

engage consultees. 

4C.2

Part Four – Rules of Procedure (Overview and Scrutiny Procedure Rules) 

PART FOUR – 4D 

OVERVIEW & SCRUTINY 

PROCEDURE RULES 

4D.1


OVERVIEW AND SCRUTINY PROCEDURE RULES 

1. What will be the number and arrangements for overview and scrutiny 

panels? 

The Council will have the overview and scrutiny panels set out in Article 6 and will 

appoint to them as it considers appropriate from time to time. Such panels may 

appoint time-limited working groups/parties. 

(a) The Council will have an overview and scrutiny panel, which will perform all 

overview and scrutiny functions on behalf of the Council. Membership will 

consist of members of the Council and non-voting co-optees, as indicated in 

the schedule at the end of this section. 

(b) The Terms of reference of the overview and scrutiny panel will include: 

i) the performance of all overview and scrutiny functions on behalf of the 

Council; 

ii) the appointment of such working groups as it considers appropriate to 

fulfil those overview and scrutiny functions; 

iii) to receive a report from the Leader of the Council at a meeting of the 

overview & scrutiny panel after each annual council meeting on the 

Council’s priorities for the coming year; 

iv) to approve an annual overview and scrutiny work programme, 

including the programme of any working groups it appoints so as to 

ensure that the panel’s and working groups time is effectively and 

efficiently utilised; 

v) where matters fall within the remit of more than one overview and 

scrutiny working group, to determine which of those working groups 

will assume responsibility for any particular issue; 

vi) to put in place a system to ensure that referrals from overview and 

scrutiny to the policy committee either by way of report or for 

reconsideration are managed efficiently and do not exceed the limits 

set out in this Constitution; 

vii) in the event of reports to the policy committee exceeding limits in this 

Constitution, or if the volume of such reports creates difficulty for the 

management of policy committee to make decisions about the priority 

of referrals made. 

(c) The overview and scrutiny panel may appoint working groups to assist in their 

work. It may discontinue any of these working groups and/or appoint 

alternative or additional working groups, subject to there being a maximum of 

3 working groups appointed by each panel. The panel may also amend the 

terms of reference of the working groups as appropriate. 

(d) Where a panel seeks to discontinue or appoint working groups, it may do so 

provided that it has consulted with interested parties, if appropriate. The 

extent and nature of consultation will depend on the nature of the proposed 

alterations. Any change will be reported to the Proper Officer and then to the 

next meeting of the Council by the Chair of the overview and scrutiny panel. 

4D.2


2. Who may sit on overview and scrutiny panels? 

All Elected Members may be members of an overview and scrutiny panel. 

However, no member may be involved in scrutinising a decision which he/she 

has been directly involved. 

3. Co-optees 

Each overview and scrutiny panel shall be entitled to recommend to Council the 

appointment of a number of people as non-voting co-optees as set out in the 

schedule at the end of this procedure rule. 

4. Meetings of the overview and scrutiny panels 

The frequency of meetings of the overview & scrutiny panels shall be determined 

within the Municipal Timetable agreed by Full Council each year. 

In addition, extraordinary meetings may be called from time to time as and when 

appropriate. An overview and scrutiny panel meeting may be requested by any 4 

members of the panel by way of written request to the Proper Officer. The written 

request shall detail the reason the request is being made together with an 

explanation why the item(s) cannot await the next scheduled meeting for 

discussion. 

The Proper Officer may also call a meeting of the panel if he/she considers it 

necessary or appropriate. 

5. Quorum 

The quorum for an overview and scrutiny committee shall be as set out for 

committees in the Council Procedure Rules in Part 4 of this Constitution. 

6. Who Chairs overview and scrutiny panel meetings? 

Chairs of overview and scrutiny panel will be drawn from among the Elected 

Members sitting on the panel, and subject to this requirement the panel may elect 

such a person as it considers appropriate as Chair. A panel may also appoint a 

Vice Chair from among the Elected Members sitting on the panel. 

The Chair of the panel shall normally be elected at the first scheduled meeting of 

the panel each new Municipal Year and would serve as Chair until the first 

scheduled panel meeting of the next Municipal Year, except in a year where there 

are local elections their election as Chair will cease at the time of any local 

election. These rules also apply to the appointment of any Vice Chair. 

7. Work programme & Methods of Operation 

The overview and scrutiny panel will be responsible for setting its own work 

programme and in doing so it shall take into account wishes of members on that 

panel who are not members of the largest political group on the Council. 

Additionally, through identifying good practise, overview and scrutiny panels will 

develop the approved Overview and Scrutiny Toolkit as an aid to undertaking the 

overview and scrutiny function within the Council. 

4D.3


8. Agenda items 

(a) Any 4 members of an overview and scrutiny panel shall be entitled to give 

written notice to the Proper Officer that they wish an item relevant to the 

functions of the panel to be included on the agenda for the next available 

meeting of the panel. On receipt of such a request the Proper Officer will 

ensure that it is included on the next available agenda. 

(b) Any 5 members of the Council who are not members of the overview and 

scrutiny panel may give written notice to the Proper Officer that they wish an 

item to be included on the agenda of (a) (that) relevant overview and scrutiny 

panel. If the Proper Officer receives such a notification, then he/she will 

include the item on the first available agenda of the relevant overview and 

scrutiny panel for consideration by the panel. 

(c) The overview and scrutiny panel shall also respond, as soon as their work 

programme permits, to requests from the Council (and if it considers it 

appropriate the policy committee) to review particular areas of Council 

activity. Where they do so, the overview and scrutiny panel shall report their 

findings and any recommendations back to (the policy committee) and or 

Council. The Council and/or (the policy committee) shall consider the report 

of the overview and scrutiny panel at the next appropriate scheduled meeting. 

9. Policy review and development 

(a) The role of the overview and scrutiny panel in relation to the development of 

the Council’s budget and policy framework is set out in details in the Budget 

and Policy Framework Procedure Rules. 

(b) In relation to the development of the Council’s approach to other matters not 

forming part of its policy and budget framework, overview and scrutiny panel 

may make proposals to Council or the policy committee for developments in 

so far as they relate to matters within their terms of reference. 

(c) Overview and scrutiny panels may hold enquiries and investigate the 

available options for future direction in policy development and may appoint 

advisers and assessors to assist them in this process. They may go on site 

visits, conduct public surveys, hold public meetings, commission research 

and do all other things that they reasonably consider necessary to inform their 

deliberations. They may ask witnesses to attend to address them on any 

matter under consideration and may pay to any advisors and witnesses a 

reasonable fee and expenses for doing so. 

(d) Overview and scrutiny panels will have regard to both recognised best 

practise and the Council’s approved Overview & Scrutiny Toolkit when 

undertaking policy reviews and scrutiny work. The effectiveness of the Toolkit 

will be subject to review and be adapted as necessary to take into account 

statutory guidance & best practise. 

10. Reports from overview and scrutiny panels 

(a) Once it has formed recommendations on proposals for development and 

reviews, the overview and scrutiny panel will prepare a formal report and 

submit it to the Proper Officer for consideration by (the policy committee) (if 

the proposals are consistent with the existing budgetary and policy 

framework), or to the Council as appropriate (e.g. if the recommendation 

4D.4


would require a departure from or a change to the agreed budget and policy 

framework). 

(b) If an overview and scrutiny panel cannot agree on one single final report to 

the Council or (the policy committee) as appropriate, then up to one minority 

report may be prepared and submitted for consideration by the Council or 

Policy committee) with the majority report. 

(c) The Council or (policy committee) shall consider the report of the overview 

and scrutiny panel at its next appropriate scheduled meeting after it having 

been submitted to the Proper Officer. 

11. Making sure that overview and scrutiny reports are considered by the 

policy committees 

(a) The agenda for policy committee meetings may include an item entitled 

‘Issues arising from overview and scrutiny’. The reports of overview and 

scrutiny panels referred to the policy committee shall be included at this point 

in the agenda (unless they have been considered in the context of the policy 

committee’s deliberations on a substantive item on the agenda) at its next 

appropriate scheduled meeting after the overview and scrutiny panel had 

completed its report/recommendations. 

(b) Once an overview and scrutiny report on any matter which is the 

responsibility of the policy committee has been completed, it shall be included 

on the agenda of the next available meeting of the policy committee, unless 

the matter which is the subject of the report is scheduled to be considered by 

the policy committee when it considers that matter. If for any reason the 

policy committee does not consider the overview and scrutiny report within 8 

weeks then the matter will be referred to Council for review, and the Proper 

Officer will ensure the item is placed on the agenda. 

(c) Once an overview and scrutiny panel has completed it deliberations on any 

matter it will forward a copy of its final report to the Proper Officer who will 

allocate it either to the policy committee and/or Council for consideration, 

according to whether the contents of the report would have implications for 

the Council’s budget and policy framework. If the Proper Officer refers the 

matter to Council, he/she will also serve a copy on the Leader of the Council 

with notice that the matter is to be referred to Council. The policy committee 

will respond to the overview and scrutiny report, and the Council shall not 

consider it within that period. When the Council does meet to consider any 

referral from an overview and scrutiny panel on a matter, which would impact 

on the budget and policy framework, it shall also consider the response of the 

policy committee to the overview and scrutiny proposals. 

12. Rights of overview and scrutiny panel members to documents 

(a) In addition to their rights as Elected Members, members of overview and 

scrutiny panels have the additional right to documents, and to notice of 

meetings as set out in the Access to Information Procedure Rules in Part 4 of 


(b) Nothing in this paragraph prevents more detailed liaison between the policy 

committee and overview and scrutiny panel as appropriate depending on the 

particular matter under consideration. 

4D.5


13. Members and officers giving account 

(a) Any overview and scrutiny panel may scrutinise and review decisions made 

or actions taken in connection with the discharge of any Council functions 

within their terms of reference. As well as reviewing documentation, in 

fulfilling the scrutiny role, it may require any member of the policy committee, 

the Chief Executive and/or any senior officer (as defined as Head of Service 

or above) to attend before it to explain in relation to matters within their remit: 

i) any particular decision or series of decisions; 

ii) the extent to which the actions taken implement Council policy; and/or 

iii) their service’s performance. 

And it is the duty of those persons to attend if so required having been given 

reasonable notice to attend. 

(b) Where any member or officer is required to attend an overview and scrutiny 

panel under this provision, the Chair of that panel will inform the Proper 

Officer. The Proper Officer shall inform the member or officer in writing giving 

at least 5 working days notice of the meeting at which he/she is required to 

attend. The notice will state the nature of the item on which he/she is 

required to attend to give account and whether any papers are required to be 

produced for the panel. Where the account to be given to the panel will 

require the production of a report, then the member or officer concerned will 

be given sufficient notice to allow for preparation of that documentation. 

(c) Where, in exceptional circumstances, the member or officer is unable to 

attend on the required date, then the overview and scrutiny panel (through the 

Chair or Vice Chair) shall in consultation with the member or officer arrange 

an alternative date for attendance. A member or officer may request that 

another attend on their behalf or accompany them with the agreement of the 

Chair or Vice Chair. 

14. Attendance by others 

An overview and scrutiny panel may invite people other than those people 

referred to in the paragraph above to address it, discuss issues of local concern 

and/or answer questions. It may for example wish to hear from residents, 

stakeholders and members and officers in other parts of the public sector and 

shall invite such people to attend. 

15. Call-in 

Call-in should only be used in exceptional circumstances. The approved 

Overview & Scrutiny Toolkit outlines approaches to call-ins. These are where 

members of the appropriate overview and scrutiny panel have evidence which 

suggests that the policy committee did not take the decision in accordance with 

the principles set out in Article 12 (Decision Making). 

(a) Where a decision is made by a policy committee or an area committee or 

under joint arrangements, the decision shall be published, including where 

possible by electronic means, and shall be available at the main offices of the 

Council normally within 2 working days of being made. All Elected Members 

will be sent copies of the records of all such decisions within the same 

timescale, by the person responsible for publishing the decision. 

4D.6


(b) That notice will bear the date on which it is published and will specify that the 

decision will come into force, and may then be implemented, on the expiry of 

5 working days after the publication of the decision, unless an overview and 

scrutiny panel objects to it and calls it in. 

(c) During that period, the Proper Officer shall call-in a decision for scrutiny by 

the panel if so requested in writing by the Chair of the Panel or any 4 

members of the panel, and shall notify the decision-taker of the call-in. The 

item will be placed on the agenda of the next scheduled meeting of the panel 

by the Proper Officer. In exceptional circumstances, and after consultation 

with the Chair of the panel, a special meeting to consider the item called-in 

may be called. 

(d) If, having considered the decision, the overview and scrutiny panel is still 

concerned about it, then it may refer back to the decision making body for 

reconsideration, setting out in writing the nature of its concerns or refer the 

matter to full Council. If referred to the decision maker they shall then 

reconsider at their next scheduled meeting, amending the decision or not, 

before adopting a final decision. 

(e) If following an objection to the decision, the overview and scrutiny panel does 

not refer the matter back to the decision making body, the decision shall take 

effect on the date of the overview and scrutiny meeting. 

(f) If the matter was referred to full Council and the Council does not object to a 

decision which has been made, then no further action is necessary and the 

decision will be effective in accordance with the provision below. However, if 

the Council does object, the Council may refer any decision to which it objects 

back to the decision-making person or body, together with the Council’s views 

on the decision. That decision making body or person shall choose whether 

to amend the decision or not before reaching a final decision and 

implementing it. Where the decision was taken by a policy committee, the 

policy committee shall consider the reference back from Council at its next 

scheduled meeting. 

(g) If a matter is referred to Full Council for consideration Full Council may wish 

to resolve the matter itself and no reference back to the policy committee is 

necessary (see f above). 

(h) In exceptional circumstances, the Proper Officer may after consultation with 

the policy committee Chair call a special meeting of the policy committee to 

consider the reference back. 

(i) If the Council does not meet, or if it does but does not refer the decision back 

to the decision making body, the decision will become effective on the date of 

the Council meeting or expiry of the period in which the Council meeting 

should have been held, whichever is the earlier. 

(j) Where a decision has been taken by an area committee, then the right of callin 

shall extend to any other area committee which resolves to refer a decision 

which has been made but not implemented to a relevant overview and 

scrutiny panel for consideration in accordance with these provisions. An area 

committee may only request the Proper Officer to call-in the decision if it is of 

the opinion that the decision will have an adverse effect on the area to which 

it relates. All other provisions relating to call in shall apply as if the call in had 

been exercised by members of the relevant overview and scrutiny panel. 

4D.7


16. Exceptions 

In order to ensure that call-in is not abused, nor causes unreasonable delay, 

certain limitations are to be placed on its use. These are: 

1. that an overview and scrutiny panel may only call-in a maximum of 3 

decisions per two month period; 

2. four full members of an overview and scrutiny panel or the Chair of the 

Panel are needed for a decision to be called in; 

3. once a member (but excluding the Chair) has signed a request for callin 

under paragraph 16 (call-in) above, he/she may not do so again 

until a period of one month has expired. 

17. Call-in and Urgency 

1. The call-in procedure set out above shall not apply where the decision 

being taken by the policy committee is urgent. A decision will be 

urgent if any delay likely to be caused by the call in process would 

seriously prejudice the Council’s or the public’s interests. The record 

of the decision, and notice by which it is made public shall state 

whether in the opinion of the decision making body, the decision is an 

urgent one, and therefore not subject to call-in. 

2. For the Urgency provisions to be implemented the Proper Officer of 

the Council after consultation with the relevant Chair (or their Deputy), 

the local Monitoring Officer and the Chief Finance Officer (s.151) must 

determine that these provisions are utilised. 

3. Decisions taken as a matter of urgency must be reported to the next 

available meeting of the Council, together with the reasons for the 

urgency. 

4. The operation of the provisions relating to call-in and urgency shall be 

monitored by the local Monitoring Officer annually, and a report 

submitted to Council with proposals for review if necessary. 

18. Party Whip 

(a) Definition 

Any instruction given by or on behalf of a political group to any Elected 

Member who is a member of that group as to how that Elected Member shall 

speak or vote on any matter before the Council or any committee or subcommittee, 

or the application or threat to apply any sanction by the group in 

respect of that Elected Member should he/she speak or vote in any particular 

manner. 

4D.8


(b) Conduct of Panels 

The party whip shall not apply to members of overview & scrutiny panels when 

undertaking the overview & scrutiny function of the Authority. The abeyance 

of the party whip shall also apply to members acting as substitutes for full 

members of an overview & scrutiny panel. 

19. Procedure at overview and scrutiny panel meetings 

(a) Overview and scrutiny panels shall consider the following business: 

(i) minutes of last meeting; 

(ii) declarations of interest (including whipping deliberations); 

(iii) consideration of any matter referred to the panel for a decision in 

relation to call in of a decision; 

(iv) responses of the policy committee to reports of the overview and 

scrutiny panel; and 

(i) the business otherwise set out on the agenda for the meeting. 

(b) Where the overview and scrutiny panel conducts investigations (e.g. with 

a view to policy development), the panel may also ask people to attend to 

give evidence at panel meetings which are to be conducted in accordance 

with the following principles: 

(i) that the investigation be conducted fairly and all members of the panel 

given the opportunity to ask questions of attendees, and to contribute and 

speak; 

(ii) that those assisting the panel by giving evidence be treated with 

respect and courtesy; and 

(iii) that the investigation be conducted so as to maximise the efficiency of 

the investigation or analysis. 

(c) Following any investigation or review, the panel shall prepare a report, for 

submission to the relevant policy committee(s) and/or Council as 

appropriate and shall make its report and findings public. 

20. Matters within the remit of more than one overview and scrutiny panel 

Where an overview and scrutiny panel conducts a review or scrutinises a 

matter which also falls (whether in whole or part) within the remit of another 

overview and scrutiny panel, then the panel conducting the review shall invite 

members of the other panel to attend and participate in its meetings (as non 

voting members) when the matter is being reviewed. 

21. Joint Meetings of overview and scrutiny panels 

21.1 Where the Proper Officer deems it appropriate and after consultation with the 

respective Chairs (or in their absence Vice Chairs) a joint meeting of two or 

more overview and scrutiny panels may be called to consider issues of 

general corporate concern and/or interest. All Elected Members invited will 

have full voting rights and shall elect a Chair from their number for that 

particular meeting only. 

4D.9


21.2 If a joint meeting agree a recommendation in relation to an agenda item, 

which it wishes a relevant policy committee or Full Council to consider, this 

will be forwarded to the Proper Officer to ensure it is placed on the next 

appropriate agenda for the relevant policy committee or Full Council. 

21.3 To ensure that there is no abuse of this procedure joint meetings should only 

consider items that are of clear corporate importance, and do not fall easily 

into the existing Terms of Reference of a single overview and scrutiny panel. 

21.4 The local Monitoring Officer will monitor the number of joint meetings being 

held and the reasons given for those meetings to ensure that the procedure is 

not being abused and is not causing a detrimental effect to the Council’s 

policy-making and decision-making process. 

4D.10

Part Four – Financial Rules 

PART FOUR – 4E 

FINANCIAL RULES 

4E.0

FINANCIAL RULES 


August 2006 

Contents 

Page 

Introduction 2 

Roles and Responsibilities 2-4 

The Golden Rules 5 

Part A – Strategic Financial Rules 

1. Financial and Business Planning 6 

2. Annual Revenue Budget 7 

3. Budgetary Control, Virement and Carry Forwards 8-10 

4. Capital Programme Development and Control 11-12 

5. Financial Management and Accounting 13 

6. Risk Management 14 

7. Asset Management 15 

8. Internal and External Audit 16 

9. Fraud and Irregularity 17 

10. Partnerships and External Funding 18 

Part B – Operational Financial Rules 

11. Procurement of Goods and Services 19-20 

12. Staffing and Salaries and Wages 21-22 

13. Income 23-24 

14. Value Added Tax and other Taxation 25 

15. Treasury Management and Banking 26 

16. Voluntary and Trust Funds 27 

17. Imprest Accounts (Petty Cash) 28 

18. Stocks and Stores 29 

19. Inventories - ICT and Other Equipment 30 

20. Insurance 31 

1 

August 2006

Introduction 


Financial Rules provide the framework for managing the Council’s financial affairs. They 

apply to every Member and officer of the Council and anyone acting on its behalf. The rules 

set out the roles and responsibilities of the Council, its Committees and senior officers. 

The rules are split into two parts. Part A sets out the Strategic Financial Rules that govern 

the financial strategy, management and governance. Part B deals with operational issues of 

a more detailed nature. References to the Corporate Director (Resources) should be taken to 

include his or her nominated representative. Any supplementary procedures issued by the 

Corporate Director (Resources) from time to time should be considered to form an integral 

part of these financial rules. 

Nothing in these financial rules shall prevent expenditure being incurred where an 

emergency or disaster involving destruction of or danger to life or property occurs or is 

imminent. Such expenditure can be incurred by Heads of Service, in consultation with the 

Chief Executive and Corporate Director (Resources) if possible. 

All staff are bound by these rules and will be affected to some degree depending on their 

duties. Every officer has a responsibility to read and be familiar with these rules. Noncompliance 

may be considered to be a disciplinary offence. Regular training will be provided 

for those staff with direct financial management responsibilities. Ad hoc guidance can also be 

provided, and against each rule relevant contact details are provided. 

For the purpose of these rules, where written submission/approvals are required, an e-mail 

appropriately authored and sent is considered to represent appropriate submission/approval, 

provided that electronic or manual records are maintained. 

General Roles and Responsibilities in Financial Management 

The Council 

• Agreeing the Strategic Financial Rules, which form an integral part of the Council’s 

constitution. 

• Ensuring that financial management is adequate and effective and that there is a sound 

system of internal control that is regularly reviewed and fit for purpose. 

• Approving the annual Budget, having regard to the Corporate Plan priorities, Medium 

Term Financial Strategy and the advice of the Corporate Director (Resources) in relation 

to prudent levels of reserves and the robustness of the financial estimates. 

• Setting the Council Tax and Housing Rents in line with statutory requirements. 

• Approving the prudential indicators, in accordance with the “CIPFA Prudential Code for 

Capital Finance in Local Authorities”. 


• Approving the Medium Term Financial Strategy 

• Making recommendations to the Council in relation to revenue and capital budgets, 

Council Tax and Rent levels. 

• Approving the business planning and budget setting process. 

2 

August 2006


• Regularly monitoring expenditure and income against budgets, the prudential indicators 

and other indicators of financial performance. 

• Agreeing procedures for virement between budget heads and for carrying forward 

underspends and overspends at the end of a financial year. 

• Approving virements between budget heads in accordance with Financial Rule 3. 

Audit and Governance Committee 

• Keeping under review and recommending changes as necessary to the Council’s 

financial rules. 

• Approving the annual Statement of Accounts and Statement of Internal Control. 

• Considering the appointment of the external auditor and any questions of resignation or 


• Discussing, if necessary, with the external auditor before the audit commences the nature 

and scope of the audit. 

• Receiving the annual District Audit Management Letter and referring any issues requiring 

attention to the relevant committee and/or officer. 

• Approving the appointment and monitoring the performance of the internal audit service. 

• Receiving the Annual Audit Plan for the Authority and Annual Internal Audit Report, 

addressing key internal control issues as required. 

Corporate Director (Resources) (Chief Finance Officer) 

The functions of the Chief Finance Officer are contained in Article 11 of the Constitution. The 

postholder also has statutory duties in relation to the financial administration and stewardship 

of the Council, which cannot be overridden. These arise from: 

• Section 151 of the Local Government Act 1972 

• The Local Government Finance Act 1988 

• The Local Government Act 2003 

• The Accounts and Audit Regulations 2003 

Section 114 of the Local Government Act 1988 requires the Chief Finance Officer to report to 

the full Council and external auditor if the Council or one of its officers: 

• Has made, or is about to make, a decision which involves incurring unlawful 

expenditure. 

• Has taken, or is about to take, an unlawful action which has resulted or would result in 

a loss or deficiency to the Council. 

• Is about to make an unlawful entry in the Council’s accounts. 

Section 114 of the 1988 Act also requires that the Chief Finance Officer nominate a deputy. 

For Corby Borough Council, this is the Head of Financial Services, who assumes the 

responsibilities listed below in the absence of the Corporate Director (Resources). 

• Maintaining a continuous review of the Financial Rules and recommending any changes 

to Strategic Rules to Audit & Governance Committee and Council for approval. 

• Maintaining appropriate Operational Financial Rules, ensuring that Heads of Service are 

given an opportunity to comment on any changes. 

3 

August 2006


• Reporting, where appropriate after consultation with the Head of Paid Service and 

Monitoring Officer, breaches of the financial rules and any consequent disciplinary action 

taken to Council and/or Standards Committee. 

• Issuing advice and guidance to underpin these financial rules. 

• Maintaining an adequate and effective system of Internal Audit in the Council. 

• Advising on the key strategic controls necessary to secure sound financial management 

and ensure that there is a sound system of internal control that is reviewed regularly, 

including proper risk management arrangements. 

• Providing advice and support to the Council, Committees, Scrutiny Panels and Core 

Management Team on all financial matters affecting the Council. 

• Selecting accounting policies and ensuring that they are applied consistently, and 

determining the accounting procedures and records for the Council. 

• Preparing the annual Statement of Accounts in accordance with appropriate code(s) of 

practice and regulations. 

Core Management Team 

The Core Management Team, which comprises the Chief Executive, and two Corporate 

Directors, provide the strategic direction to ensure the achievement of Council policies. This 

includes: 

• Development of financial strategy. 

• Regular monitoring of the Council’s financial position, alongside Business Plan and 

performance monitoring. 


• Comply with the financial rules set out in this document and any supporting procedures 

issued by the Corporate Director (Resources). 

• Ensuring that all staff under their control are aware of the existence of and content of the 

Council’s financial rules and other internal regulatory documents and that they comply 

with them. 

• Ensuring that Members are advised of the financial implications of all proposals and that, 

in all cases, the financial implications have been agreed by the Corporate Director 

(Resources). 

• Consult with the Corporate Director (Resources) and seek approval on any matter liable 

to materially affect the Council’s finances, before any commitments are incurred. 

• Provide information to the Corporate Director (Resources) relating to the services under 

their control and as required to by the Corporate Director (Resources) in order to fulfil the 

duties of the Chief Finance Officer. 

• Maintain a written record where decision-making has been delegated to members of 

staff, quoting the relevant delegation scheme reference. Where decisions have been 

delegated or devolved to other responsible officers, references to Heads of Service within 

these rules should be read as referring to them. 

4 

August 2006


• A reference in these rules to Heads of Service includes, for the purpose of these rules, 

the members of the Core Management Team. 

All Elected Members and Officers 

• All Members and staff have a general responsibility for taking reasonable action to 

provide for the security of the assets under their control, and for ensuring that the use of 

these resources is legal, is properly authorised, provides value for money and achieves 

best value. 

The Golden Rules 

GR1 Heads of Service are responsible for the delivery of One Corby Corporate Plan 

priorities, service plan objectives and performance targets within the resources 

allocated to them through the business and financial planning process. 

GR2 

GR3 

No order should be placed, or expenditure incurred, on goods or services without the 

budget for such being identified and approved. 

All budget holders are accountable for the control of income and expenditure budgets 

allocated to them. Financial Services will provide information, advice, support and 

training to assist with this. 

5 

August 2006

Financial Rule 1 – Financial and Business Planning 

Context 


Effective forward planning requires the development of a Medium Term Financial Strategy, 

identifying the resources available to the Council and how these resources will be directed 

towards the achievement of corporate priorities and performance targets. The financial 

strategy and projections need to cover: 

• Revenue expenditure and income 

• Targets for efficiency and other savings 

• Government grants and local taxation 

• Capital investment requirements 

• Capital resources and asset usage 

• Partnership working 

Rules 

1.1 The financial strategy will cover a period of 5 years, taking into account trends into 

subsequent years. 

1.2 It will be rolled forward and updated annually in order to incorporate changing 

circumstances and assumptions. 

1.3 The strategy will be prepared by the Corporate Director (Resources), in consultation 

with Core Management Team/ Heads of Service. 

1.4 The timetable for the update to the financial strategy will be aligned to the review of 

corporate priorities within the service planning framework. 

1.5 The strategy will be presented to the One Corby Policy Committee and recommended 

to Full Council for approval. 

Contact 

Paul Hymers, Corporate Director (Resources), Ext. 4100, paul.hymers@corby.gov.uk 

6 

August 2006

Financial Rule 2 – Annual Revenue Budget 


Context 

The annual revenue budget process, for both the General Fund and Housing Revenue 

Account, is the process of developing detailed budgets that support the achievement of 

corporate and service objectives and priorities and performance targets. It is therefore a 

process that is integrated with the development of Service Plans, although these financial 

rules do not cover this aspect in detail. 

Rules 

2.1 The format of the budget will be determined by the Corporate Director (Resources) in 

consultation with the Core Management Team. 

2.2 The timetable and guidelines for the preparation of annual budgets, as agreed with 

Core Management Team, will be issued by the Corporate Director (Resources) and 

must be adhered to by all Heads of Service and budget holders. 

2.3 Heads of Service must ensure that budget estimates reflect agreed service plans and 

are submitted to the Corporate Director (Resources) in line with timetable and 

guidelines. Budget estimates will be subject to scrutiny and challenge by both Core 

Management Team and Members. 

2.4 The Corporate Director (Resources) will work with Heads of Service to encourage the 

best use of resources and value for money, identifying opportunities to improve 

economy, efficiency and effectiveness, and by encouraging good practice in 

conducting financial appraisals of development or savings options, and in developing 

financial aspects of service planning. 

2.5 The Corporate Director (Resources) will produce a consolidated budget report and 

make recommendations to the One Corby Policy Committee. 

2.6 The Corporate Director (Resources) will report to this Committee on the robustness of 

the financial estimates and the adequacy of the levels of reserves. 

2.7 The One Corby Policy Committee is responsible for ensuring that budget proposals 

are made in the context of the Medium Term Financial Strategy, and that they reflect 

the priorities and performance targets set by the Council. 

2.8 The Full Council is responsible for approving the budget as defined in Article 4 of the 

Constitution. 

Contact 


, Adrian Sibley, Head of Financial Services, Ext. 4125, adrian.sibley@corby.gov.uk 

7 

August 2006


Financial Rule 3 – Budgetary Control, Virement and Carry Forwards 

Context 

Heads of Service are accountable for the delivery of Service Plan objectives within the 

budgets allocated by the Council to them. Good financial control requires that all income and 

expenditure budgets are regularly monitored, and action is taken to address any potential 

variances from the budget. 

Virement and carry-forward rules are designed to empower Heads of Service in this delivery, 

through enabling resources to be re-allocated during the financial year, providing that this reallocation 

does not represent a change in policy and does not create an unfunded 

commitment into future years. 

A supplementary estimate would entail an addition to the overall budget, funded from 

reserves. Any such decision must be taken in the context of the Medium Term Financial 

Strategy and therefore budget pressures must initially be contained within existing overall 

budgets. 

Certain budgets are deemed to be outside of the direct control of budget holders and any 

variance against these budgets is a corporate issue. As such these budgets will be outside of 

the framework for virement and carry-forwards, and will be monitored closely as high risk 

areas. 

Rules 

Budgetary Control 

3.1 The Corporate Director (Resources) will establish a budgetary control framework that 

ensures that budget management is exercised and all Heads of Service are provided 

with the information and support required to monitor the budgets under their control. 

3.2 Heads of Service must regularly monitor the income and expenditure budgets under 

their control, with support from Financial Services. The regularity of monitoring should 

be linked to a risk assessment of all budgets. Corrective action must be taken where 

variances are projected, in order to ensure that overall budget allocations are not 

exceeded. 

3.3 Heads of Service must ensure that an accountable budget holder is identified for 

each budget head. Budget responsibility should be aligned as closely as possible to 

the decision making that commits expenditure. 

3.4 All budgets must be profiled appropriately in order to enhance budgetary control. 

3.5 The Head of Financial Services will report the latest overall monitoring and projected 

outturn bi-monthly to the Strategic Management Team and meetings of the One 

Corby Policy Committee, in a format determined by the Corporate Director 

(Resources). This report will highlight significant issues requiring the Committee’s 

attention. 

3.6 All decisions made by Committees or by Officers using their delegated authority must 

give consideration to the financial implications of the decision. The Corporate Director 

(Resources) must be consulted on these financial implications. 

8 

August 2006


Virements and Supplementary Estimates 

3.7 Virements must not be made with the intention of supporting recurring expenditure 

from one-off sources of saving or additional income, nor should they create future 

commitments, including full-year effects of decisions made part way through the year. 

3.8 Virements should be made before expenditure is incurred. No virement relating to a 

specific financial year should be made after 31 March in that year. 

3.9 Powers of virement between revenue accounts are subject to the following financial 

limits on any one budget head during the financial year. For the purpose of this 

scheme, a budget head is a cost centre within the approved Budget Book. 

Heads of Service - £10,000 

Core Management Team - £25,000 

One Corby Policy Committee – unlimited 

3.10 These limits do not apply to those funds and budgets which are held centrally 

pending allocation to specific service areas during the year, provided the use is in line 

with the fund’s approved purpose. Approval is by the One Corby Policy Committee 

and funds are under the control of Core Management Team as follows: 

• Quality Improvement Fund 

• Partnership Development Fund 

• Invest to Save Fund 

• Earmarked Reserves established for a specific purpose 

3.11 In some circumstances it will be necessary to make “technical virements” to rectify 

situations where budgets have been allocated to an incorrect detail code. These will 

be subject to approval by the Corporate Director (Resources), irregardless of value. 

3.12 Virement that is likely to impact on the level of service activity of another Head of 

Service should be implemented only after agreement in writing from the other Head of 

Service. 

3.13 The Corporate Director (Resources) will maintain a register of all virements agreed 

and actioned. 

3.14 Supplementary estimates can only be approved by the One Corby Policy Committee. 

Where this would result in a material shift in the Medium Term Financial Strategy, 

approval of Full Council is required. Materiality in this context will be determined by 

the Corporate Director (Resources) following consultation with Core Management 

Team. 

3.15 The Corporate Director (Resources) will determine from time to time, in consultation 

with Core Management Team, those budget heads from which virement may not be 

made. Such budget heads will also be excluded from the scheme for carry-forwards 

and from any efficiency savings targets. 

Carry Forward of Revenue Budgets 

3.16 Any net overspend on the total budgets under the control of a Head of Service must 

be carried forward to the following financial year and will constitute the first call on 

that year’s budget. The Corporate Director (Resources) will report the extent of such 

overspending to the One Corby Policy Committee, so that the impact on service 

delivery of the carry forward can be assessed. 

9 

August 2006


3.17 The following rules in relation to the carry forward of underspends will only apply if the 

Council’s budget as a whole is underspent. 

3.18 Where there is a net underspend on the total of the budgets under the control of a 

Head of Service (excluding those referred to in 3.14 above), the following rules will be 

applied in order. The outcome will be reported to CMT for final approval. 

• Budgets that have been allocated for the achievement of specific projects within 

existing service plans – where the project has not been completed then the 

budget relating to this can be carried forward in its entirety. 

• Where there remains a net underspend following the carry-forward of project 

budgets then this will be shared equally between the relevant Head of Service 

and balances. 

• The Head of Service must provide details as to how the carry forward will be 

spent and how this expenditure will contribute to the achievement of their Service 

Plan. Such expenditure must be one-off in nature and not create commitments 

into future years. 

• The contribution to balances will be split between a top-up contribution to the 

Partnership Development Fund (subject to the fund being limited to £250,000) 

and a contribution to balances to aid the achievement of corporate priorities in 

the context of the Medium Term Strategy. 

Contact 


Adrian Sibley, Head of Financial Services, Ext. 4125, adrian.sibley@corny.gov.uk 

Alan Hughes, Accountancy Manager, Ext. 4101, alan.hughes@corby.gov.uk 

10 

August 2006


Financial Rule 4 – Capital Programme Development and Control 

Context 

Investment in capital assets must reflect the Council’s priorities for regeneration, as well as 

supporting opportunities for efficiency and income generation. 

The Asset Management Group (AMG) plays a key role in the development and control of the 

Capital Programme, as set out below. 

Any assessment of the affordability of the capital programme will be undertaken using the 

principles within the CIPFA Prudential Code for Capital Finance. 

Rules 

Capital Programme Development 

4.1 Heads of Service should make proposals for capital schemes in support of the 

achievement of the Council’s objectives and One Corby priorities, as well as meeting 

legislative requirements. 

4.2 The Corporate Director (Resources) will determine the definition of capital, having 

regard to government regulations and accounting requirements. 

4.3 The Corporate Director (Resources) will determine the format of the scheme 

proposals and assessment criteria in consultation with the Asset Management Group. 

Schemes will be assessed, scored and prioritised by the AMG, using the 

predetermined criteria. 

4.4 The prioritised list of schemes will be presented to the One Corby Policy Committee 

along with any limitations on total expenditure given the available resources and the 

Medium Term Financial Strategy. The Committee will recommend a Capital 

Programme for the year to Full Council. 

4.5 Certain schemes will require a detailed Options Appraisal prior to commencing. This 

will be determined by the AMG, along with the format to be used for the options 

appraisal. 

4.6 The Full Council is responsible for approving the Capital Programme for the year, 

alongside the revenue budget and prudential indicators. 

Capital Programme Monitoring and Control 

4.7 Each scheme must be assigned to a Lead Officer. The Lead Officer is responsible for 

delivery of the project within the approved budget. 

4.8 The Corporate Director (Resources) will report the latest overall monitoring and 

projected outturn to each meeting of the Asset Management Group and bi-monthly to 

Policy Committee. This will be supported by a technical update showing progress of 

capital projects. 

4.9 Heads of Service must ensure that adequate records are maintained for all capital 

contracts. 

4.10 Where the cost of a capital scheme exceeds the estimated cost, this will be 

considered as appropriate using the following limits, with any virement to be funded 

from elsewhere within the approved programme. 

11 

August 2006


Asset Management Group – up to 10% of approved scheme cost or £25,000, 

whichever is the lower. 

One Corby Policy Committee - unlimited 

4.11 Any increase in the overall programme can only be approved by One Corby Policy 

Committee. Where this would result in a material shift in the Medium Term Financial 

Strategy, approval of Full Council is required. Materiality in this context will be 

determined by the Corporate Director (Resources). 

4.12 The AMG can approve the carry-forward of unspent resources from one financial year 

to the next, provided that it is for the original purpose and within the original total. 

Contact 

Paresh Parekh, Principal Accountant (Capital), Ext. 4665, paresh.parekh@corby.gov.uk 


12 

August 2006

Financial Rule 5 – Financial Management and Accounting 

Context 


To enable Financial Management to be effective it is important that financial information is 

available to Managers and that it is prompt, accurate, consistent and meaningful. Such 

accurate information helps to ensure that the Council's assets and interests are accounted 

for and safeguarded against loss. These Rules set out the basic framework for accounting 

within the Council. 

Rules 

5.1 The Corporate Director (Resources) is responsible for determining the accounting 

procedures adopted by the Council. Financial Procedures explain the necessary 

accounting records and procedures in detail. No variations shall be made to 

accounting records and procedures without the written agreement of the Corporate 

Director (Resources). 

5.2 Heads of Service are responsible for ensuring that all procedures are complied with in 

the services under their control and that records and systems are properly 

maintained. 

5.3 All Heads of Service must comply, as far as practicable, with the following principles: 

• Separating the duties of providing information about sums due to the Council and 

calculating, checking and recording these sums from the duty of collecting or 

disbursing them. 

• Employees with the duty of examining or checking the accounts of cash 

transactions must not themselves be engaged in these duties. 

5.4 The accounting procedures will have regard to all current and appropriate best 

accounting practice. Such best practice will normally be taken as that defined 

through Standard Statements of Accounting Practice (SSAPs), Financial Reporting 

Standards (FRSs), Statements of Recommended Practice (SORPs), The Code of 

Practice on Local Authority Accounting, and Accounts and Audit Regulations. 

5.5 The Corporate Director (Resources) will prepare the annual Statement of Accounts 

and supporting working papers. Heads of Service and other staff must comply with 

the timetable and information requests issued by the Corporate Director (Resources). 

The Accounts will be submitted to the Audit and Governance Committee for approval, 

and will be signed by both the Corporate Director (Resources) and the Chair of that 

Committee. 

Contact 



13 

August 2006

Financial Rule 6 – Risk Management 


Context 

Risk is the chance or possibility of loss, damage, injury or failure to achieve objectives 

caused by an unwanted or uncertain action or event. Risk management is the planned and 

systematic approach to the identification, evaluation and control of risk. It is concerned with 

evaluating the measures an organisation already has in place to manage identified risks and 

then recommending the action the organisation needs to take to control these. 

Rules 

6.1 The Head of Customer First is responsible for the maintenance of a Strategic Risk 

Register and, through the corporate Risk Management Project Group, planning the 

actions required in response to identified risks. 

6.2 Heads of Service are similarly responsible for the maintenance of, and action 

planning in response to, Operational Risk Registers in their service areas. 

6.3 All Heads of Service should maintain an up to date and relevant Business Continuity 

Plan, setting out roles and responsibilities in the event that there is an unplanned 

interruption to service delivery. 

6.4 All plans and procedures should consider the associated risks and identify how these 

will be managed. 

6.5 Some risks are insurable, and the rules relating to this are covered in Operational 

Financial Rule 20. 

Contact 

Tim Marren, Head of Customer First, Ext. 4670, tim.marren@corby.gov.uk 

George Jenkins, Corporate Development Officer, Ext. 4115, george.jenkins@corby.gov.uk 

14 

August 2006

Financial Rule 7 – Asset Management 


Context 

The Council’s assets provide a basis for delivery of services, as well as opportunity to 

maximise the revenue and capital resources available to support the achievement of One 

Corby priorities. 

The Head of Legal and Democratic Services, as the designated Corporate Property Officer, 

plays a key role in asset management. The corporate Asset Management Group (AMG), 

chaired by the Corporate Director (Resources), acts as a management forum. 

Rules 

7.1 The Head of Legal and Democratic Services will produce an Asset Management 

Plan (AMP) for approval by the One Corby Policy Committee, in line with government 

guidelines. 

7.2 The Head of Legal and Democratic Services will maintain a comprehensive asset 

register in accordance with best practice and the Council’s Asset Management Plan. 

Assets will be valued in accordance with proper practice. 

7.3 Any proposal for the sale or letting of land or buildings that are surplus to 

requirements must be considered by the Asset Management Group in the context of 

the AMP. Any disposal must be at the most appropriate time and at the best price 

obtainable. For items of significant value, disposal should be by competitive tender or 

public auction unless the One Corby Policy Committee agrees otherwise. 

7.4 Receipts from the sale of assets must be properly banked and coded and notified to 

the Corporate Director (Resources) who will ensure appropriate accounting entries 

are made. 

7.5 All leases and agreements must be in a form agreed by the Head of Legal and 

Democratic Services, who is also responsible for the custody of all title deeds. 

7.6 All Heads of Service are responsible for the proper security and safe custody of all 

assets under their control. A register of all moveable assets must be maintained in a 

format prescribed by the Head of Legal and Democratic Services and no Council 

asset must be subject to personal use without the express permission of the Head of 

Service. 

Contact 


Simon Aley, Head of Legal and Democratic Services, Ext. 2024, simon.aley@corby.gov.uk 


15 

August 2006

Financial Rule 8 – Internal and External Audit 


Context 

The Accounts and Audit Regulations 2003 and section 151 of the Local Government Act 

1972 require the Council to maintain an adequate and effective system of internal audit. The 

Council has delegated responsibility for this function to the Corporate Director (Resources) 

as the Chief Financial Officer. The Corporate Director (Resources) discharges this 

responsibility through the operations of Consortium Audit and these Rules provide the 

framework for its operations. 

External Audit is undertaken by the Audit Commission, whose audit work is governed by the 

Audit Commission Act 1998 and the Code of Audit Practice. 

Rules 

8.1 The Corporate Director (Resources) assists the Council to put in place an appropriate 

control environment and effective internal controls which provide reasonable 

assurance of effective operations, financial stewardship, probity and compliance with 

laws and rules. 

8.2 The Chief Executive is responsible for ensuring the effectiveness of systems of 

internal control. The Corporate Director (Resources) will produce an annual 

Statement of Internal Control, which must be signed by the Chief Executive and 

Leader of the Council and published along with the annual Statement of Accounts. 

8.3 The Corporate Director (Resources) is responsible for ensuring proper arrangements 

for the audit of the Council’s accounts in accordance with the Accounts and Audit 

Regulations 2003. 

8.4 The Audit and Governance Committee will approve the Annual Plan for Internal Audit 

work and receive a report as soon as possible after the year end on the outcomes 

from audit work. 

8.5 All Heads of Service must ensure that internal and external auditors are given access 

at all reasonable times to any premises, personnel, documents, information and 

assets that the auditors consider necessary for the purposes of their work. 

8.6 Heads of Service must ensure that any agreed actions arising from audit 

recommendations are carried out in a timely and efficient manner. The Corporate 

Director (Resources) will maintain a schedule of agreed recommendations and 

monitor their implementation. 

8.7 Any new systems for maintaining financial records, or records of assets, or changes 

to such systems, must be discussed and agreed by Internal Audit prior to 

implementation. 

Contact 


Kim Phillips, Consortium Audit Manager, 01933 231671, kphillips@consortiumaudit.org.uk 

Kate Wildman, Principal Auditor, Ext. 4112, kwildman@consortiumaudit.org.uk 

16 

August 2006

Financial Rule 9 – Fraud and Irregularity 


Context 

The Council will not tolerate fraud and corruption in the administration of its responsibilities, 

whether from inside or outside the Council. It’s expectation of propriety and accountability is 

that Members and staff at all levels will lead by example in ensuring adherence to legal 

requirements, rules, procedures and practices. The Council also expects that individuals and 

organisations (e.g. suppliers, contractors, and service providers) with whom it comes into 

contact will act towards the Council with integrity and without thought or actions involving 

fraud and corruption. 

Rules 

9.1 The Monitoring Officer, in consultation with the Corporate Director (Resources), will 

develop and maintain an anti-fraud and corruption policy. 

9.2 All suspected irregularities and financial impropriety must be reported to the 

Corporate Director (Resources), who will report to Internal Audit, the Chief Executive 

and Monitoring Officer. Where financial impropriety is discovered, and where 

sufficient evidence exists to believe that a criminal offence may have been 

committed, the Corporate Director (Resources) will, following consultation, ensure 

that the Police are called in to investigate. Consultation will be through an urgent 

meeting with the Head of Paid Service and Monitoring Officer. 

9.3 Pending investigation and reporting, Heads of Service should take all necessary 

steps to prevent further loss and to secure records, documentation and information 

against removal or alteration. 

9.4 The Monitoring Officer will ensure that a corporate register of interests is maintained, 

in which any hospitality or gifts offered to or accepted by Members and employees 

must be recorded. 

9.5 The Monitoring Officer must ensure that whistle blowing procedures are in place and 

operating effectively. 

9.6 Where the outcome of an audit investigation indicates improper behaviour, the 

relevant Head of Service must instigate the Council’s disciplinary procedures. 

Contact 


Simon Aley, Head of Legal and Democratic Services, Ext. 4024, simon.aley@corby.gov.uk 

17 

August 2006

Financial Rule 10 – Partnerships and External Funding 

Context 


Partnership is a key feature of the Council’s ability to achieve One Corby priorities. This 

financial rule is applicable to all partnership activity, other than North Northants Development 

Company. The Corporate Director (Resources) will issue, from time to time, separate rules 

applicable to that partnership. 

A partner is defined as either: 

• An organisation (private or public) undertaking, part funding or participating as a 

beneficiary in a project, or 

• A body whose nature or status give it a right or obligation to support the project. 

Rules 

10.1 The Corporate Director (Resources) will develop and maintain an External Funding 

Protocol, following appropriate consultation, in order to ensure that partnerships have 

appropriate governance and accounting arrangements. 

10.2 Heads of Service must ensure that, before entering into agreements with external 

bodies, approval has been gained from Core Management Team, in line with the 

External Funding Protocol. All agreements and arrangements must be properly 

documented. 

10.3 All requested information must be supplied to the Corporate Director (Resources) to 

enable proper entries to be made in the Council’s Statement of Accounts. It is 

important to recognise where our interest in other organisations may have 

implications for Group Accounts. 

10.4 Where the Council is required to make a financial contribution that is not reflected in 

approved budgets, a bid must be made for a contribution from the Partnership 

Development Fund. The criteria and required documentation for this fund will be 

maintained by the Corporate Director (Resources). The Core Management Team will 

make allocation decisions. 

10.5 The Corporate Director (Resources) will maintain a register of all grant claims and 

monitor their completion, ensuring that all claims are made by the relevant due date 

and are supported by adequate documentation. 

10.6 Any proposals to trade or undertake work for third parties are subject to Committee 

approval and must be in line with guidance issued by the Corporate Director 

(Resources). No contractual agreements can be signed without the prior agreement 

of the Head of Legal and Democratic Services. 

Contact 



18 

August 2006

Financial Rule 11 – Procurement of Goods and Services 

Context 


The procurement of goods and services by the Council needs to be in line with Contract 

Standing Orders and the Council’s Procurement Strategy, as effective procurement 

represents a key opportunity to realise efficiency savings in line with the Medium Term 

Financial Strategy. 

Orders create contracts and commit the Council to expenditure. It is therefore vital that the 

ordering process fully protects the Council's interests, that the authorisation of orders is 

strictly controlled and that there is budgetary provision for the expenditure. 

Payment should be made promptly following receipt of an invoice and satisfactory completion 

of the works or delivery of the goods. This is important, as performance in this area is subject 

to a Best Value Performance Indicator, as well as having an impact on local businesses. 

Rules 

11.1 Each order must conform to the Council’s Contract Standing Orders, Procurement 

Strategy and Procurement Code of Practice. Official orders must be raised 

electronically via the Council’s Financial Management System (FMS). 

11.2 Official orders must not be raised for any personal or private purchases, nor must 

personal or private use be made of Council contracts. 

11.3 The Head of Financial Service will maintain a list of officers authorised to raise and 

approve orders on the FMS. Heads of Service must notify the Head of Financial 

Services of any changes required to this list. 

11.4 No order for goods and services should be placed without first identifying the budget 

against which the expenditure is being committed. 

11.5 Goods and services should be checked on receipt and entries made in inventories 

and stores records where appropriate. A Goods Received Notes must be raised 

against the FMS order. 

11.6 On receipt of a proper VAT invoice, Heads of Service are responsible for matching 

the invoice against the FMS order and passing promptly to Exchequer Services for 

payment. 

11.7 Apart from petty cash, the normal method of payment from the Council shall be by 

electronic means, cheque or other instrument or method approved by the Corporate 

Director (Resources). The use of direct debit shall require the prior agreement of the 

Corporate Director (Resources). 

11.8 Payments must not be made on a photocopied, proforma of faxed invoice, statement 

or other document other than the formal invoice without prior approval of the 

Corporate Director (Resources). Any instances of these being rendered should be 

reported to internal audit. 

11.9 Appropriate payment records must be retained in line with the Council’s document 

retention policy. 

11.10 The Council’s Credit Card is held by the Corporate Director (Resources), and is for 

use only in emergencies, or where the supplier of goods or services is not able to 

issue an invoice, for example if procuring via the internet or for occasional hotel 

19 

August 2006


usage. Each usage of the Credit Card requires the express permission of the 

Corporate Director (Resources). The Card number will be provided to an officer 

following supply of an e-mail stating the relevant budget code and the estimated 

value of the purchase. A VAT receipt should be requested from the supplier. 

11.11 No loans, leasing or rental arrangements should be entered into without the prior 

written approval of the Corporate Director (Resources), in order that the Council is 

protected against entering into unapproved credit arrangements. 

11.12 With regard to contracts for construction and alterations to buildings and for civil 

engineering works, the procedures to be adopted in relation to financial aspects must 

be agreed with the Corporate Director (Resources). This includes certification of 

interim and final payments, checking, recording and authorising payments, and the 

procedures for validation of subcontractors’ tax status. 

11.13 The Corporate Director (Resources) should be notified immediately of any 

expenditure to be incurred as a result of statute or court order where there is no 

budgetary provision. Such expenditure can only be approved by the Corporate 


Contact 

Jackie Sims, Principal Exchequer Officer, Ext 4106, jackie.sims@corby.gov.uk 


20 

August 2006

Financial Rule 12 – Staffing and Salaries and Wages 

Context 


Salaries and Wages account for a substantial proportion of the Council's expenditure. It is 

essential that proper controls are in place and implemented within service areas. 

Rules 

Staffing Issues 

12.1 The Corporate Director (Resources) will produce an annual staffing budget based on 

the current establishment and pay scales, and the prevailing rates of employers 

National Insurance and Pension contributions. 

12.2 Heads of Service are responsible for ensuring that the staffing budget is not 

exceeded and that it is managed to enable the agreed levels of service to be 

provided, and controls should be in place over such costs as sickness, overtime, 

training and temporary staff. 

12.3 Recruitment can only be undertaken following proper authorisation by the relevant 

Head of Services (and Core Management Team if required). The authorisation form 

must include a code to which recruitment costs are to be charged. Heads of Service 

are responsible for ensuring that budget is vired to their recruitment code in order 

than orders can be placed by HR. 

12.4 Human Resources should ensure that checks and references are undertaken prior to 

employing new staff to ensure that they are appropriately qualified, experienced and 

trustworthy. 

12.5 All staff should be aware of their personal responsibility with regards to the protection 

and confidentiality of information, whether held in manual or computer records. 

12.6 Staff should not carry out private work in Council time and should be aware of an 

employer’s rights with regard to intellectual property. 

Payments to Employees and Members 

12.7 The Corporate Director (Resources) will ensure secure and reliable systems for the 

payment of salaries, wages and other expenses and emoluments, and the accurate 

and timely payment of tax, National Insurance, pensions contributions and other 

deductions. 

12.8 Payment to Members and Officers of travel, subsistence and other allowances will 

only be made on receipt of the prescribed form, duly completed and authorised. 

12.9 Human Resources must notify the Corporate Director (Resources) of all 

appointments, terminations or variations that may affect the pay or pension of an 

employee or former employee, in the form and to the timescale required by the 


12.10 Procedures should be in place to ensure that all payments are correctly made and 

authorised. A list of approved signatories for payroll and staffing documents must be 

maintained and updates supplied to the Corporate Director (Resources). 

12.11 Heads of Service should give careful consideration to the employment status of selfemployed 

consultants and sub-contractors. In order to ensure compliance with 

21 

August 2006


Revenue & Customs rules, prior to appointment advice should be sought from the 

Principal Exchequer Officer. 

12.12 Heads of service should notify the Corporate Director (Resources) of any employee 

benefits in kind, to enable full and complete reporting within the income tax selfassessment 

system. 

12.13 All appropriate payroll documents must be retained in line with the Council’s 

document retention policy. 

Members Expenses 

12.14 Members’ travel and subsistence claims must be submitted on a monthly basis and, 

in any event, within one month of the year-end. In line with the Members Allowances 

Scheme, claims should only be made in relation to travel outside of the Borough. 

Contact 

Sarah Rodmell, Human Resources Manager, Ext. 4031, sarah.rodmell@corby.gov.uk 


22 

August 2006

Financial Rule 13 – Income 


Context 

The Council receives significant amounts of income through its various methods of collection, 

for a wide variety of purposes. It is essential that proper arrangements are made to ensure 

all income due is collected / banked properly and promptly. 

Rules 

Recording, Invoicing and Write-Off 

13.1 The One Corby Policy Committee will agree a strategy for the setting of fees and 

charges and Heads of Service are responsible for setting charges in line with the 

strategy. The Corporate Director (Resources) will advise on the appropriate charging 

of VAT. 

13.2 All arrangements for the collection of income due to the Council must be agreed with 

the Corporate Director (Resources). Receipt books, forms or tickets and similar items 

will be issued by the Corporate Director (Resources) and must be used to record 

income collected. 

13.3 Heads of Service must make arrangements for such sums to be properly recorded 

and invoiced via the Financial Management System. Prompt recovery action should 

be taken where debts are not paid promptly, in line with the Council’s debt recovery 

policy. 

13.4 All debts to be written off should be agreed by the Corporate Director (Resources) in 

consultation with the Head of Legal and Democratic Services, following 

recommendation from the appropriate Head of Service. A record will be maintained of 

all sums written off, and appropriate accounting adjustments will be made. 

13.5 Where income is subsequently received in relation to debts previously written off, 

arrangements must be made for the account to be re-activated and the debt written 

back on. 

13.6 Once raised, no bona fide debt may be cancelled. A credit note can only be issued to 

correct a factual inaccuracy or administrative error in the calculation and/or billing of 

the original debt. 

Security and Cash Handling 

13.7 Responsibility for collection should be separated from responsibility for identifying 

amounts due, as far as is practicable. More than one employee should be present 

when post is opened so that money received by post is properly recorded. 

13.8 Income should be locked away to safeguard against loss or theft and a record kept of 

every transfer of money between employees. This record should be signed and 

retained. Income should be paid fully and promptly into the appropriate Council bank 

account and recorded on paying-in slips. 

13.9 An officer not involved in the collection and banking process must reconcile money 

collected and deposited to the bank account on a regular basis. 

13.10 Income must not be used to cash personal cheques or other payments. 

23 

August 2006


Contact 

Samantha Dickinson, Recovery Team Leader, Ext 4136, samantha.dickinson@corby.gov.uk 

Lorraine Shaw, Billing Team Leader, Ext 4127, lorraine.shaw@corby.gov.uk 

Louise Warren, Customer Services Team Leader, Ext 4142, louise.warren@corby.gov.uk 

24 

August 2006

Financial Rule 14 – Value Added Tax and other Taxation 

Context 


Compliance with statute and regulations related to taxation is vital. Due to the VAT 

regulations, the Council is generally able to recover the VAT it incurs in excess of that it 

receives. The correct VAT treatment in respect of all payments and receipts is vital to ensure 

the Council continues to be a net-receiver and does not incur penalties from Revenues and 

Customs. 

Rules 

14.1 The Corporate Director (Resources) will advise on all taxation issues that affect the 

Council, in the light of guidance issued by appropriate bodies and relevant legislation, 

and maintain up to date guidance for Council employees. This guidance must be 

followed. 

14.2 Heads of Service must ensure that the correct VAT liability is attached to all income 

due and that all VAT recoverable on purchases complies with HM Customs and 

Excise rules. The Corporate Director (Resources) will complete a monthly return of 

VAT inputs and outputs to Customs and Excise. 

14.3 Any VAT mis-declaration or other penalty will be the responsibility of the relevant 

Head of Service and will be charged to the relevant budget. 

14.4 The Corporate Director (Resources) will provide details to Revenues and Customs of 

the construction industry tax deduction scheme. Heads of Service must ensure that, 

where construction works are undertaken, the contractor fulfils the necessary 

deduction requirements. 

14.5 The Corporate Director (Resources) will complete all Revenues and Customs returns 

regarding taxation. 

Contact 


Alan Hughes, Accountancy Manager, Ext 4101, alan.hughes@corby.gov.uk 

25 

August 2006

Financial Rule 15 – Treasury Management and Banking 

Context 


The Council holds large sums of money and a considerable value of transactions passes 

through our accounts on an annual basis. Effective treasury management strategies and 

procedures seek to maximise the interest earned on the money held. 

A consistent and secure approach to banking activities is essential in order to achieve 

optimum performance from the Council's bankers, and to obtain the best possible value for 

money. 

Rules 

15.1 The One Corby Policy Committee will agree an annual treasury management policy 

and strategy, developed by the Corporate Director (Resources) in line with the 

requirements of CIPFA’s Code of Practice for Treasury Management and the 

Prudential Code. The borrowing and investments of the Council will comply with 

these policies and guidance. 

15.2 The Corporate Director (Resources) will report on treasury management activity bimonthly 

to meetings of the Policy Committee as part of overall budget and financial 

monitoring. 

15.3 The Corporate Director (Resources) will ensure that all investments of money, and all 

borrowings, are made in the name of the Council or in the name of nominees 

approved by the full Council. Records will be maintained of all borrowing of money by 

the Council and the Corporate Director (Resources) shall act as the Council’s 

registrar of stocks, bonds and mortgages. 

15.4 All securities that are the property of the Council or its nominees and the title deeds of 

all property in the Council’s ownership will be held by the Head of Legal and 

Democratic Services. 

15.5 Heads of Service must ensure that loans are not made to third parties and that 

interests are not acquired in companies, joint ventures or other enterprises without 

the approval of the One Corby Policy Committee, following consultation with the 


15.6 The Corporate Director (Resources) shall operate such bank accounts as are 

considered necessary. The opening or closing of any bank account shall require the 

approval of the Corporate Director (Resources). Heads of Service must follow the 

instructions on banking issued by the Chief Finance Officer. 

15.7 All staff should be aware of the risks of money laundering when taking payments 

involving large amounts of cash. Action should be taken in line with the Anti-Money 

Laundering Policy. In case of any doubt the Corporate Director (Resources) or Head 

of Legal and Democratic Services should be contacted immediately. 

Contact 

Sharon Hanna, Senior Accountancy Assistant, Ext 4119, sharon.hanna@corby.gov.uk 



26 

August 2006

Financial Rule 16 – Voluntary and Trust Funds 


Context 

A voluntary fund is any fund that, although not officially owned by the Council is controlled or 

administered solely or in part, by an employee by reason of their employment with the 

Council. In these circumstances the fund owners will expect the same standards of 

accounting and propriety as would apply to Council funds. Furthermore, if such standards 

are not applied, Council employees will be placed in a vulnerable position. 

Rules 

16.1 The relevant Head of Service should arrange for all trust funds to be held, wherever 

possible, in the name of the Council. All officers acting as trustees by virtue of their 

official position shall deposit securities, etc. relating to the trust with the Corporate 

Director (Resources), unless the deed provides otherwise. 

16.2 Trust funds must be operated within relevant legislation and the specific requirements 

for each trust. 

16.3 Where funds are held on behalf of third parties, arrangements must be made for their 

secure administration and written records maintained of all transactions. Such 

arrangements should follow the same rules as those applied to the Council’s own 

funds and will be subject to Internal Audit scrutiny. 

16.4 Staff must never mix their own finances with those voluntary funds they are 

authorised to administer. Staff must never cash personal cheques using Client 

monies, nor should they borrow monies or use voluntary funds (including credit 

approvals e.g. catalogues) for their own purposes / purchases. 

Contact 


Kate Wildman, Principal Auditor, Ext 4112 , kwildman@consortiumaudit.org.uk 

27 

August 2006

Financial Rule 17 – Imprest Accounts (Petty Cash) 

Context 


Imprest accounts are used by the Authority to enable Employees to pay minor items of 

expenditure without the need to requisition payment through the creditors system or where 

an Official Order / Invoice is not appropriate. The responsibility for the control over such 

accounts rests with the imprest holder. Any cash float maintained by staff is subject to the 

controls documented within this section. 

Rules 

17.1 Cash holdings on premises should be kept to a minimum. Keys to safes and similar 

receptacles should be carried on the person of those responsible at all times. Where 

responsibility passes from one employee to another, a written record of the transfer of 

keys should be maintained, and the contents of the safe at the time of transfer 

recorded. Loss of such keys must be reported to the Corporate Director (Resources) 

as soon as possible. 

17.2 The Corporate Director (Resources) will provide cash or bank imprest accounts to 

relevant employees and prescribe the rules for operating these accounts. Minor items 

of expenditure must not exceed the amount prescribed by the Corporate Director 

(Resources), who will maintain records of all transactions and petty cash advances 

made. Imprest accounts will normally be restored monthly. 

17.3 Employees operating an imprest account must: 

• obtain and retain vouchers to support each payment from the imprest account. 

Where appropriate, an official receipted VAT invoice must be obtained; 

• make adequate arrangements for the safe custody of the account; 

• produce upon demand by the Corporate Director (Resources), cash and all vouchers 

to the total value of the imprest amount; 

• record transactions promptly; 

• reconcile and balance the account at least monthly, reconciliation sheets to be signed 

and retained by the imprest holder; 

• provide the Corporate Director (Resources) with a certificate of the value of the 

account held at 31 March each year; 

• ensure that the float is never used to cash personal cheques or to make personal 

loans and that the only payments into the account are the reimbursement of the float 

and change relating to purchases where an advance has been made; 

• on leaving the Council’s employment or otherwise ceasing to be entitled to hold an 

imprest advance, an employee shall account to the Corporate Director (Resources) 

for the amount advanced to him or her. 

17.4 Where it is necessary for an employee to purchase goods in the pursuit of their duties 

but where seeking a receipt would provoke suspicion, reimbursement can be made 

without a receipt following the approval of the relevant manager and the Corporate 


Contact 


28 

August 2006

Financial Rule 18 – Stocks and Stores 


Context 

The maintenance of stocks and stores within service areas aids the efficient and effective 

delivery of services by ensuring that ordering of materials does not cause delays. Levels of 

stock should be maintained in support of this, but not to levels that cause excessive loss and 

obsolescence. 

Rules 

18.1 Heads of Service must make arrangements for the care and custody of stocks and 

stores in their service area. 

18.2 Stocks should be maintained at reasonable levels and subject to a regular 

independent physical check. All discrepancies should be investigated and pursued to 

a satisfactory conclusion. 

18.3 Discrepancies should be investigated and removed from the Council’s records (i.e. 

written off) as necessary. Approval of the Corporate Director (Resources) is required 

if they are in excess of the limit advised from time to time. 

18.4 Heads of Service may authorise the write off or disposal of redundant stocks and 

equipment. Procedures for disposal of such stocks and equipment should be by 

competitive quotations or auction, unless agreed otherwise by the Corporate Director 

(Resources) in a particular case. 

Contact 

Barry Jacobs, Principal Accountant, Ext 4103, barry.Jacobs@corby.gov.uk 

Ian Cooke, Senior Accountancy Assistant, Ext 4180, ian.cooke@corby.gov.uk 

29 

August 2006


Financial Rule 19 – Inventories - ICT and Other Equipment 

Context 

The Council has a substantial investment in furniture, IT and equipment, and it is important 

that these assets are properly maintained and protected against loss or damage. An up to 

date schedule of all such assets, to be known as the inventory, must be kept by each Head 

of Service. 

Rules 

19.1 Heads of Service must maintain inventories and record an adequate description of 

furniture, fittings, equipment, plant and machinery above a value notified from time to 

time by the Corporate Director (Resources). 

19.2 An annual check should be undertaken of all items on the inventory in order to verify 

location, review condition and take action in relation to surpluses or deficiencies, 

annotating the inventory accordingly. Attractive and portable items such as 

computers, cameras and video recorders should be identified with security markings 

as belonging to the Council. 

19.3 Property should only be used in the course of the Council’s business, unless, 

exceptionally, both the Head of Service concerned, and Corporate Director 

(Resources) have given permission otherwise. 

Contact 


Jenny Hall, ICT Operations Manager, Ext 4076, jenny.hall@corby.gov.uk 

30 

August 2006

Financial Rule 20 – Insurance 


Context 

It is a responsibility of all employees to minimise the risk of financial or other loss to the 

Council, in line with the Risk Management Rule 6. Financial Rule 20 deals with those risks 

that are insurable. 

Rules 

20.1 The Corporate Director (Resources) will include all appropriate employees of the 

Council in a suitable fidelity guarantee insurance, will effect corporate insurance 

cover, through external insurance and internal funding, and will negotiate all claims in 

consultation with other officers where necessary. 

20.2 Heads of Service are responsible for notifying the Corporate Director (Resources) 

immediately of any loss, liability or damage that may lead to a claim against the 

Council, together with any information or explanation required by the Corporate 

Director (Resources) or the Council’s insurers. 

20.3 The Corporate Director (Resources) should be notified promptly of all new risks, 

properties or vehicles that require insurance and of any alterations affecting existing 

insurance. 

20.4 The Corporate Director (Resources) and Head of Legal and Democratic Services 

should be consulted on the terms of any indemnity that the Council is requested to 

give. 

20.5 Any employee, or anyone covered by the Council’s insurance, should not admit 

liability or make any offer to pay compensation that may prejudice the assessment of 

liability in respect of any insurance claim. 

Contact 


Christine Webster, Insurance Officer, Ext 4122, christine.webster@corby.gov.uk 

31 

August 2006

Part Four – Rules of Procedure (Contract Procedure Rules) 

PART FOUR – 4F 

CONTRACT PROCEDURE RULES 

4F.1 

First Amendment dated 21 st November 2006 

Re-issued on the 21 st November 2006


CONTRACT STANDING ORDERS 

AND THE MANDATORY PROCUREMENT CODE OF PRACTICE 

CSO1 

INTRODUCTION 

1.1 These Contract Standing Orders promote good procurement practice and public accountability. 

The purpose of these rules is to safeguard the interest of the Council, its employees or any 

individual acting on behalf of the Council (the ‘Contracting Officer’) to procure goods, works, 

services and utilities. 

CSO2 

COMPLIANCE 

2.1 These rules MUST be followed every time there is a requirement to procure goods, works, 

services and utilities. 

2.2 Therefore all Contracting Officers responsible for purchasing must comply with these Standing 

Orders, except, where otherwise required by United Kingdom statute and regulations or EU 

Treaty or EU Directive for the time being in force in the United Kingdom. 

2.3 These rules are the best defence against any allegations that procurement has been processed 

incorrectly or fraudulently. 

2.4 Heads of Service must ensure that Contracting Officers who let, manage and supervise 

contracts comply with the Treaty of Rome, EU Directives, UK Legislation, Office of Government 

Commerce Guidelines (the ‘OGC’), Standing Orders and the Council’s Financial Rules. 

2.5 For the avoidance of doubt, these Contract Standing Orders shall not apply to: 

2.5.1 lending or borrowing of money; or 

2.5.2 employment of an individual as a direct employee of the Council. 

CSO3 

DELEGATION 

3.1 Any member of the Corporate Management Team and Heads of Services Group is hereby 

authorised to nominate on behalf of the Council any person for designation as a Contracting 

Officer. Such designation shall occur and take effect upon the date of receipt by the Corporate 

Director (Resources) of the nomination and the name of the person so nominated shall be 

recorded in the Register of Contracting Officers. 

3.2 Heads of Service MUST maintain a scheme of management comprising of a register of 

Contracting Officers in their respective Service Areas delegated to carry out procurement 

activities. This list MUST be compiled in consultation with the Corporate Procurement Officer. 

4F.2 




3.3 All Heads of Service MUST provide the scheme of management to the Corporate Procurement 

Officer at the commencement of each financial year. 

3.4 In any situation where a third party is engaged to manage and/or award a Contract on behalf of 

the Council an assigned undertaking shall first be obtained from them to comply with the 

contents of these Standing Orders. 

3.5 The Council will from time to time issue or amend the Procurement Code through its Corporate 

Procurement Officer (which form part of the Contract Standing Orders), setting out in further 

detail, the rules to be followed when awarding contracts under these Contract Standing Orders 

and Financial Rules together with guidance on best practice. The Guidance is to be prepared 

by the Head of Legal and Democratic Services in consultation with the Head of Financial 

Services and Purchasing Gateway Group (the ‘PGG’). 

3.6 Compliance with the rules set out in the Procurement Code is MANDATORY under these 

Contract Standing Orders and the adoption of best practice is recommended. 

3.7 The Corporate Director (Resources) shall maintain a Register of Contracting Officers and such 

Register shall be open to inspection by the public at all reasonable times. 

3.8 These Contract Standing Orders shall apply regardless of whether the Contract is made by the 

Council, Committee, Sub Committee or Officer holding Delegated Authority. 

3.9 If any provision of these Contract Standing Orders has not been adhered to, then the matter 

shall be immediately reported to the Monitoring Officer (by any person internal or external to the 

organisation) who shall, where he/she feels it appropriate submit a report to the relevant 

Committee. 

CSO4 

SCOPE OF CONTRACT STANDING ORDERS 

4.1 All Contracting Officers must observe, adopt and follow the spirit of these Contract Standing 

Orders. 

4.2 Contracting Officers must adopt the following principles: 

4.2.1 achieve best value for public money spent; 

4.2.2 be consistent with the highest standards of integrity and propriety; 

4.2.3 ensure fairness in allocating public contracts; 

4.2.4 comply with all legal requirements and established government and commercial codes 

of conduct; 

4.2.6 support the Council’s own corporate aims and service policies; 

4.2.7 comply with the Council’s financial regulations, the Procurement Strategy, Health & 

Safety requirements, Equality, Environmental Sustainability Strategy; 

4.2.8 demonstrate that the Council’s interests have not been prejudiced nor exposed to 

undue/unmanaged risks; 

4.2.9 ensure that proper records are kept. 

4F.3 




CSO5 

HEAD OF SERVICE and/or CONTRACTING OFFICER RESPONSIBILITY 

5.1 Committee or appropriate delegated authority approval MUST be demonstrated by both the 

Contracting Officer and relevant Heads of Service prior to commencement of ANY procurement 

activity. 

5.2 Contracting Officer’s MUST: 

5.2.1 comply with the Treaty of Rome, EU Directives, UK Legislation, OGC Guidelines, these 

Standing Orders and the Council’s Financial Rules; 

5.2.2 comply with the Procurement Guide; 

5.2.3 must keep records required by these Standing Orders; 

5.2.4 follow tender and quotation procedures in accordance with procedures set out in the 

Invitation to Tender or Invitation to Quote; 

5.2.5 ensure that agents or consultants acting on their behalf comply with the requirements 

referred to in Standing Orders. Such consultants must not make any decision as to 

whether to award a contract or whom a contract should be awarded to; 

5.2.6 take all necessary legal, financial and professional advice, including from the Corporate 

Procurement Officer, PGG and the Head of Legal and Democratic Services; 

5.2.7 have a knowledge of the contractual conditions to ensure efficient and effective delivery 

of the goods, works and service for the Council. 

5.3 Heads of Service MUST: 

5.3.1 ensure that their Contracting Officer, Agents or Consultants comply with these Contract 

Standing Orders. 

5.3.2 must keep a register of: 

i. contracts completed by signature (rather than by the Council's seal) and arrange 

their safekeeping on Council premises with the Monitoring Officer; 

ii. 

exemptions must be recorded under Standing Orders in order that the Monitoring 

Officer may monitor their use. 

5.3.3 Notify the Corporate Procurement Officer of all contracts over £10,000 who will then 

maintain a register on behalf of the Council for auditing purposes. 

4F.4 




CSO6 

EXEMPTIONS AND WAIVERS 

6.1 Before proceeding in accordance with CSO 6 in relation to any contract, the Council shall 

consult the EU Public Procurement Rules on tendering (see Appendix 2). 

6.2 Exemptions and waivers are provided for in the Constitution but are subject to the detailed 

requirements set out in these Standing Orders. An exemption under this section allows a 

contract to be placed by direct negotiation with one or more suppliers rather than in accordance 

with Standing Orders. 

6.3 Exemptions under these Contract Standing Orders will not be granted if the EU Public 

Procurement Rules apply. 

6.4 All exemptions, and the reasons for them, must be documented. The relevant form can be 

obtained from the Corporate Procurement Officer. 

6.5 Exemptions shall be approved in writing and signed by the Contracting Officer, the respective 

Head of Service, Section 151 Officer, Monitoring Officer, the Leader and the Chief Executive. 

6.6 The following are the only exemptions that may apply: - 

6.6.1 the Contract can only be supplied or provided by one specialist firm; 

6.6.2 an exemption is necessary because of an unforeseen emergency involving immediate 

risk to persons, property or serious disruption to Council services; 

6.6.3 the goods, services or materials are proprietary articles or are sold only at a fixed price 

and no reasonably satisfactory alternative is available; 

6.6.4 the prices of goods, services or materials are wholly controlled by trade organisations 

or by government order and no reasonably satisfactory alternative is available; 

6.6.5 where a Contract is funded in whole or in part by a Government Agency or other public 

body and the funding from such external body requires the Council to let the Contract 

to a contractor approved by that body in order to receive the funding; 

6.6.6 where a purchase is made at a public auction; 

6.6.7 the Contract is by means of the creation of an arms-length trust or other agency that 

has been approved by Council; 

6.6.8 the purchase is via a Buying Agency, provided that the Buying Agency has, for the 

item(s) concerned, complied with the EU and Public Procedure Rules where the 

contract exceeds the EU threshold; 

6.6.9 the purchase is to be made using standing arrangements or select list of another local 

authority, government department, statutory undertaking or Buying Agency; 

4F.5 




6.6.10 where the Contract is an extension to an existing contract, where a change of supplier 

would cause:- 

i. disproportionate technical difficulties; 

ii. 

iii. 

diseconomies; or 

significant disruption to the delivery of Council services. 

Provided that: 

a. no contract is extended more than once without being formally re-tendered; 

b. the extension period is less than the period applying to the original contract. 

6.7 Any exemptions granted for more than one year must be formally reviewed annually and either 

reconfirmed or amended. 

6.8 All purchases via the OGC that are under the terms of any Customer Access Agreement 

entered into with the Lords Commissioners of HM Treasury, are deemed to comply with the 

competition requirements of Contract Standing Orders and no exemption is required. 

CSO7 

CORPORATE PROCUREMENT STRATEGY 

7.1 These Contract Standing Orders must be read in conjunction with the Corporate Procurement 

Strategy which sets out the Council’s strategic objectives for procurement and key 

procurement policies. This is available via the Corporate Procurement Officer and or the 

Councils website. 

CSO8 

ADVICE AND GUIDANCE 

8.1 It is a MANDATORY requirement that advice and guidance on all procurement activities equal 

to and above £10,000 MUST be sought on the first instance from PGG. 

8.2 Notwithstanding 8.1, advice and guidance can be obtained from PGG by any Officer who 

wishes to participate in a procurement activity or of any value. 

8.2 Advice on compliance with legislative requirements may be obtained from the Monitoring 

Officer. 

CSO9 

ETHICS AND PROBITY 

9.1 In all their dealings, Members and Officers of the Council shall preserve the highest standards 

of honesty, integrity, impartiality and objectivity. This includes compliance with the Members’ 

Code of Conduct and the Employees’ Code of Conduct and Protocols. 

9.2 The Democratic Services Manager shall maintain a Register to be kept for the purpose 

particulars of any notice given by an Officer of the Council of a pecuniary interest in a contract. 

4F.6 




9.3 Contracting Officers must declare to the Human Resources Section any declaration of interest if 

it may or may not have an impact on their procurement activity. 

CS010 

PROCUREMENT PLAN 

10.1 As soon as possible after the commencement of each financial year, the PGG shall prepare a 

Procurement Plan setting out information as shown on current and those contracts to be 

awarded in the period covered by the plan. 

10.2 The information to be included in the Procurement Plan in accordance with 10.1 and the 

procedures for publishing and maintaining the plan are set out in the Procurement Code. 

10.3 In compliance with EC Rules, prior information notices and contract award notices shall be 

published in respect of contracts to which the EC Rules apply and a statistical return shall be 

completed each year (see Appendix 2). 

10.4 The Procurement Plan shall set out at least the following information in respect of Contracts 

whose total estimated value equals or exceeds £10,000: - 

10.4.1 Current Contracts 

i. Title; 

ii. Summary description; 

iii. Total contract value; 

iv. Contract Manager; 

v. Contractor; 

vi. Commencement date; 

vii. Expiry date (with options)/estimated completion date. 

10.4.2 Contracts to be awarded in the next 12 months 

i. Title; 

ii. Summary description; 

iii. Total estimated value; 

iv. Project Manager; 

v. Estimated date of OJEU notice; 

vi. Estimated commencement date; 

vii. Estimated duration/completion date. 

10.5 The Procurement Plan shall indicate which Contracts are Major Projects (medium to high risk). 

Contracts with a total estimated value of £1 million or more are automatically classed as Major 

Projects. However, Heads of Service are responsible for identifying other Major Projects on the 

basis of an initial risk assessment in consultation with the Corporate Director (Resources). 

10.6 In respect of each Major Project, in addition to the information specified above, the Procurement 

Plan shall incorporate:- 

10.6.1 indicative project plans showing major milestones; and 

10.6.2 a high level description of the benefits being sought. 

4F.7 




10.7 The Procurement Plan shall be continuously updated to incorporate requirements that were not 

foreseen at the beginning of the financial year. 

10.8 The Senior Management Team of the Council is the Monitoring Group for the Major Projects 

Programme. It shall consider the Procurement Plan at the beginning of each financial year and 

in respect of Major Projects shall receive periodic summary reports setting out progress:- 

10.8.1 against project plans (projects in procurement); and 

10.8.2 regarding the realisation of benefits (operational contracts). 

CSO11 

AGGREGATION RULES 

11.1 Where a single purchase involves more than one Contract the estimated value of all the 

Contracts must be aggregated to decide whether the EU Threshold is reached. 

11.2 For the purposes of aggregation of a particular procurement, the total value of that procurement 

must be considered, not just the Service Area making the acquisition under consideration. For 

example, if each of 3 Service Areas wish to acquire a common item (e.g. stationery), worth 

£10,000 p.a. over 6 years, the total value to be considered is £180,000 (i.e. 3 x £10,000 x 6), not 

£10,000 or £60,000. This is then above the EU Threshold for advertising. 

11.3 It is the responsibility of Contract Officers for ensuring that consideration for aggregation has 

been applied. 

11.4 Whole-life cost 

11.4.1 For the purpose of Contract Standing Orders, Best Value as a basis for awarding 

contracts is defined as the optimum combination of whole life cost and quality or fit for 

purpose to meet the Councils requirements. 

11.4.2 The criterion to be applied is not only the lowest initial price. 

11.4.3 Whole-life cost takes into account all aspects of cost over time including, for example, 

capital, consultants, training, management, operation, energy, water consumption, 

security, facilities management and disposal costs. 

11.4.4 The ability to recover value from waste (recyclables, reusability etc.) can reduce wholelife 

costs. 

11.4.5 For Major Projects, including large equipment and service contracts and construction 

projects, whole-life cost may be very different from, and only loosely related to, initial 

price. 

11.4.6 Higher initial expenditure in return for a better quality solution to the Clients 

requirement (including better environmental performance) could be offset by, for 

example, lower maintenance costs, longer life or higher residual value and therefore 

justified on cost grounds. 

11.4.7 However, a better quality solution to the Councils requirement (e.g. where high service 

standards are agreed) can add to whole-life cost. 

4F.8 




11.4.8 Spend-to-save effects need to be considered. For example, specification of higher 

levels of insulation may be justified where expenditure can be recouped through lower 

energy costs. Conversely, less energy-efficient ICT equipment may cause more heat 

and add to electricity bills because air conditioning systems have to work harder as a 

consequence. 

11.4.9 In all cases it is for the Contracting Officer to consider carefully whether increased 

benefits to the Council are affordable and justify higher cost. 

11.4.10 In reaching a decision on which tender offers Best Value non-commercial matters may 

be taken into consideration. However, prior to the decision, Contracting Officers must 

consult and take advice from the Corporate Procurement Officer. 

CSO12 

TENDERING PROCEDURES BELOW EU THRESHOLD 

12.1 The Council must comply with EU Rules (and in particular the free movement of goods, freedom 

to provide services, free movement of workers and the right of establishment). 

12.2 The general principles of EU Legislation that applies to the award of all contracts regardless of 

the EU thresholds are:- 

12.2.1 Transparency; 

12.2.2 Non-discrimination; 

12.2.3 Equal treatment; 

12.2.4 Proportionality; 

12.2.5 Mutual recognition. 

12.3 Voluntary OJEU Notice Route 

12.3.1 An Officer of the Council or a Contracting Officer may publish an OJEU notice 

regardless of the EU threshold in respect of any contract or a contract to which 

minimum requirements apply. In such cases, the EU Rules apply in full and must be 

strictly observed. Selective tendering within the meaning of this Code is not permitted if 

a voluntary OJEU notice is published. 

12.4 Local Contract Notice Route 

12.4.1 The notice of the Contract shall be placed in a media(s) under the advice and guidance 

of the Corporate Procurement Officer; 

12.4.2 The notice shall include substantially the same information as required under the EU 

Rules but need not take the prescribed form; 

12.4.3 The minimum number of invitees to tender shall be FOUR or such other number (if 

fewer) as meet the Council’s pre-qualification criteria. 

4F.9 




12.5 Selective Tendering/ Quotation Route 

12.5.1 When embarking on Paragraph 12.5, all Contracting Officers MUST consult with the 

Corporate Procurement Officer for guidance. 

12.5.2 The Contracts Officer may determine that it is in the best interests of the Council to 

award a contract to which minimum EU requirements apply by inviting to tender or 

quote in accordance with the Council’s Invitation to Quote or Invitation to Tender 

Procedure. This may include using the Select List (selective tendering/quotation). In 

such cases:- 

i. The minimum time limit for submission of tenders shall be 14 calendar days; 

ii. 

The minimum number of persons invited to tender shall be FOUR or, where fewer 

than four persons are approved for a contract of the relevant category and 

amount or value, the select list of Approved Supplier Rules shall apply. 

12.6 Pre tender/quotation enquiries 

12.6.1 Enquiries of contractors may be made before quotations are invited in order to:- 

i. establish whether goods, works or services the Council wishes to purchase are 

available, and within what price range; 

ii. 

iii. 

prepare the invitation to quote, price estimates and contracts; 

establish whether particular contractors wish to be invited to quote. 

12.6.2 In making enquiries:- 

i. no information shall be disclosed to one contractor which is not then disclosed to 

all those of which enquiries are made, or which are subsequently invited to quote; 

ii. 

iii. 

no contractor shall be led to believe that the information they offer will lead to 

them being invited to quote, or awarded the contract; 

a written record, including any communication made and notes of any meeting 

held, the responses and the names of all individuals present shall be kept by the 

responsible Officer on the contract file. 

12.7 Procedure for Obtaining Tenders / Quotations 

12.7.1 Contracting Officers MUST follow the Council’s Financial Rules. 

12.7.2 They must also ensure that they obtain value for money and to apply the principles of 

Best Value at all times. 

12.7.3 Values Under £10,000 

i. ONE quote should be obtained where the value is below £10,000 and evidence 

retained to support the decision, process, and achievement of best value. 

ii. 

Quotations under £10,000 may be accepted by the relevant Head of Service. If 

this is within their delegated Authority limits. 

4F.10 




12.7.4 Values over £10,000 but under £50,000 

i. THREE written quotations shall be obtained to a deadline. 

12.7.5 Values over £50,000 

i. A FULL tender process shall be carried out and FOUR quotes shall be obtained 

to a deadline. 

CSO13 

SELECT LIST PROCEDURE 

13.1 Where a Select List of contractors exists the selective tendering process maybe used. If used a 

minimum of FOUR tenderers shall be invited to tender from that list for the relevant work and 

value band. 

13.2 The successful tenderer and the runner-up from the last contract of a similar nature let within 

the previous twelve months (subject to satisfactory performance in the case of the previously 

successful tenderer), together with TWO new contractors selected from the list on a rotation 

basis shall be invited to tender. 

13.3 If there are less than FOUR tenderers on the list for the category of work and value to which the 

proposed contract relates, tenderers shall be selected from the list for the higher value for the 

same category of work, to equal FOUR in total. 

13.4 If the Officer is unable to source four tenderers from the list then the Officer must seek and 

follow the advice and guidance from the Corporate Procurement Officer. 

13.5 Advertisement 

13.5.1 Where no Select List exists for a type of contract:- 

i. An advertisement shall be placed on the Council’s Website, in the press and at 

least one journal circulating amongst persons, companies or firms undertaking 

the relevant work. 

13.5.2 The advertisement should contain the following information: 

i. The nature of the contract; 

ii. 

iii. 

iv. 

An invitation for interested parties to register their interest and to provide proof 

of their technical ability, financial standing and any other information required for 

short-listing purposes, including their Construction line reference if appropriate; 

The latest date and time by which the information shall be received by the 

Council stating the name and address of the Officer to whom the information 

should be sent; 

Confirmation that any information supplied may be used to compile future lists 

for the same type of work within a three-year period. 

13.5.3 All interested parties, persons, companies or firms shall be vetted vigorously. 

4F.11 




CSO14 

SUBMISSION AND OPENING OF TENDERS/QUOTATIONS 

14.1 Every tender or quotation equal to or exceeding the value of £10,000 submitted in pursuance of 

these Contract Standing Orders shall be by post (emails and faxes will not be accepted) and 

addressed to the Democratic Services Manager in a sealed envelope endorsed with the word 

‘Tender’ followed by the subject to which it relates but shall not bear any mark indicating the 

Contractor, save where alternative methods of delivery have been authorised by the Corporate 


14.2 Any invitation to tender/quote shall name the latest date and time for the delivery of tenders and 

the address to which such tenders are to be sent. 

14.3 Tenders/Quotations shall be kept safe by the Democratic Services Manager and unopened until 

the time and date specified for their opening. No tender received after the time and date 

specified in the invitation shall be considered unless the Corporate Director (Resources) is 

satisfied that there is evidence of it having been despatched in sufficient time for it to have 

arrived before the closing date and time. 

14.4 Tenders/Quotations shall be opened at one time and in the presence of the Contracts Officer by 

the Corporate Director (Resources) or an Officer of the Council designated by him (or if the 

Corporate Director (Resources) is the Contracts Officer, the Monitoring Officer or an Officer of 

the Council designated by him/her. 

14.5 Appropriate records shall be maintained in accordance with CSO 15. 

14.6 Late tenders shall be opened after a tender has been accepted to ascertain the name and 

address of the tenderer so that it may be returned promptly by the appropriate Corporate 

Director/Head of Service. The tenderer shall be notified that the tender was not considered due 

to its receipt after the latest specified date and time. 

14.7 The Democratic Services Manager or a designated representative shall, at the time tenders are 

so opened, record in a Register of Tenders maintained for that purpose the information specified 

in the Procurement Code. 

CSO15 

REGISTER OF TENDERS 

15.1 The Democratic Services Manager shall, at the time tenders are opened pursuant to CSO 14, 

record in the Register of Tenders: 

15.1.1 The nature of the goods to be supplied or work or services to be provided; 

15.1.2 The name of each person by or on whose behalf tenders were submitted; 

15.1.3 Where practicable, the amount of such tender. Where it is not possible to insert the 

amount of each tender immediately, this information shall be added as soon as 

possible and in any event within one month after the tender is opened; 

15.1.4 The date and time of opening the tenders; 

4F.12 




15.1.5 The names and signatures of all persons present at the opening of the tenders and the 

name of the department or departments and officer or officers principally concerned in 

the letting of the contract; 

15.1.6 When the additional information has been inserted under the third bullet point above, 

the name and signature of the person or persons making such insertion and the date 

and time when such changes was made. 

CSO16 

ACCEPTANCE OF TENDERS/ QUOTATIONS 

16.1 Where tenders/quotations have been received and opened in accordance with these Contract 

Standing Orders, the Contracts Officer shall examine the tenders received, carry out any 

negotiations as authorised by Procurement Code and shall satisfy himself that:- 

16.1.1 All approvals required by the Council’s Constitution have been obtained, the budget is 

in place together with any necessary consents, permissions or other approvals 

(including loan or other financial approvals); 

16.1.2 The tender/quotation is compliant with the invitation and, in particular, meets any 

specification or requirements or contract terms set out in or detailed in that invitation; 

16.1.3 Where appropriate, and if necessary by taking specialist advice, the quantity, quality or 

safety of any goods, materials, services or works is likely to be satisfactory; and 

16.1.4 By reference to an estimate, where appropriate, the lowest tender/quote (if payment is 

to be made by the Council), or the highest tender (if payment is to be made to the 

Council) is the tender/quote which offers Best Value. 

16.2 Where the tender which represents Best Value in the opinion of the Contracts Officer is not the 

lowest tender/quotation (if payment is to be made by the Council) or the highest 

tender/quotation (if payment is to be made to the Council) then the Contracts Officer shall by 

written report refer the matter to the appropriate Committee or individual holding Delegated 

Authority for decision. 

CSO17 

EVALUATION OF TENDERS/QUOTATIONS 

17.1 Compliance 

17.1.1 Tenders/quotation shall be examined for compliance with the Council’s requirements, 

contract conditions and technical specifications. 

17.1.2 Non-compliant (“qualified”) tenders/quotes shall be automatically rejected. 

17.1.3 If all tenders are rejected on the grounds of non-compliance, the procedure shall be 

discontinued, in which case the Contracting Officer must follow the decision of PGG as 

to whether the procedure should be recommenced. 

17.1.3 The Section 151 Officer shall be satisfied that appropriate financial enquiries have been 

made. 

4F.13 




17.2 Most Economically Advantageous Tender (MEAT Evaluation) 

17.2.1 Any award of contract must be based on the Most Economically Advantageous Tender 

(MEAT). 

17.2.2 A tender/quote may be rejected on the grounds that it fails to meet the MEAT criteria. 

17.2.3 Elements of MEAT criteria must include price and may include other criteria including:- 

i. Technical aspects; 

ii. 

iii. 

iv. 

User Views; 

Quality; 

Environmental Issues; 

v. Aesthetic Consideration. 

17.2.4 Criteria used must be:- 

i. Agreed in advance and applied equally to all tenders; 

ii. 

iii. 

iv. 

Appropriate to the subject matter of the tender; 

A legitimate client interest; 

Competitive. 

17.2.5 Weighting must be given to each criteria used, which reflect the importance of each 

aspect required for that particular type of contract. As part of the criteria, Price must 

have a weighting of no less than 25%. The remaining number of criteria used must be 

greater than one and have a combined weighting of 75%. 

17.2.4 Scoring for each element of the MEAT criteria shall be consistent across all tenders. 

17.2.5 The Council’s Pre Qualification Questionnaire and Tendering Evaluation Matrix are 

available on the Councils Intranet and on request through the Corporate Procurement 

Officer. 

17.3 Errors and omissions 

17.3.1 Where, upon examination it becomes clear that there is a clerical error in a 

tender/quote caused by the tenderer, then that tender/quote shall be considered as if 

such error had been corrected and a tender/quote shall not be invalidated by such a 

clerical error unless such error is of such a nature as to render it unclear as to what the 

terms of the tender/quote are. 

17.4 Clarification/ Adjustments 

17.4.1 Tenderers or those quoting may be invited to clarify their tenders/quotes. If, on 

clarification, adjustments are required by or on behalf of the Council, such adjustments 

may be agreed between the Contracting Officer and the person or body submitting the 

Best Value tender/quote, provided that all the persons who have submitted a compliant 

tender/quote in respect of the same proposed contract shall be informed of the 

4F.14 




proposed adjustment, and any decisions in relation to acceptance of a tender/quote as 

to which offers Best Value shall only be taken after such adjustment has been made. 

Tenderers will be given the opportunity of confirming or withdrawing once the 

adjustment has been identified. 

17.4.2 All adjustments made in pursuance of Paragraphs 17.3 and or 17.4 shall be entered in 

the Tender/Quotation Register. 

CSO18 

EXECUTION OF CONTRACTS 

18.1 Every Contract to be entered into by or on behalf of the Council that equals or exceeds in value 

(in money or money’s worth):- 

18.1.1 £100,000 shall be in writing and sealed by affixing the Common Seal of the Council and 

attested by the Mayor and the Head of Legal and Democratic Services or other as set 

out in General Standing Orders; 

18.1.2 Over £10,000 but less than £100,000 shall be in writing and signed by two Officers of 

the Council at least one of which is the Head of Legal and Democratic Services; 

18.1.3 Up to £10,000 shall be in writing and signed by Head of Service who shall maintain a 

record of such Contracts which may be inspected by the Monitoring Officer or PGG at 

any time. 

18.2 Every Contract exceeding £10,000 in value shall be evidenced in writing in a form approved by 

the Monitoring Officer. 

18.3 A record of each contract executed in accordance with Paragraph 18.1 above shall be 

entered in a Register of Contracts maintained for that purpose by the Head of Legal and 


18.4 If after acceptance of its tender a Contractor fails within a reasonable period of time and without 

reasonable justification to sign or enter into a formal written Contract, the Council reserves the 

right to withdraw the Contractor from the Contract. This decision to withdraw a Contractor is the 

responsibility of the Corporate Director (Resources) in consultation with the Head of legal and 


CSO19 

REGISTER OF CONTRACTS 

19.1 The following information shall be recorded in the Register of Contracts by the Corporate 

Procurement Officer in respect of each contract to which CSO 5.3.3 applies:- 

19.1.1 Title of contract; 

19.1.2 Total estimated value; 

19.1.3 Name of contractor; 

19.1.4 Contract price or rate; 

19.1.5 Contract Administrator for the Council; 

4F.15 




19.1.6 Commencement date; 

19.1.7 Duration (specifying options)/completion date; 

19.1.8 Contract Variations; 

19.1.9 Addendums to Contracts. 

CSO20 

CONTRACT CONDITIONS 

20.1 Contracting Officers must include the following to all contracts that they intend to let and not 

isolate these from the Tender Document or specification. If in doubt then Contracting Officers 

must seek advice and guidance from PGG: 

20.1.1 Letters of Intent/Letters of Acceptance 

i. Contract award must take the form of a letter of acceptance of the successful 

tender. 

ii. 

iii. 

Letters of Intent are prohibited under the Council's Standing Orders unless 

special authority is obtained from the Head of Legal and Democratic Services. 

In any event, neither Letters of Intent nor Letters of Acceptance can be issued by 

consultants. Such letters can only be issued by those Officers or Members with 

the relevant authority to bind the Council as set out in the Constitution. 

20.2.1 Supervision of Contract by person other than a Council Officer 

i. It shall be a condition of any Contract between the Council and any person who 

is required to supervise a Contract on behalf of the Council that, in relation to 

such Contract, that person shall undertake to comply with Contract Standing 

Orders and the Procurement Code and shall comply with them, and shall by 

virtue of that condition be deemed to have been designated a Contracting Officer 

for the avoidance of doubt this includes consultants. 

20.3.1 Prohibition on assignment or sub-letting 

i. Every written Contract shall contain a condition prohibiting (unless the Industry 

Standard form of Contract otherwise provides) the Contractor from transferring or 

assigning, directly or indirectly to any persons whatsoever, any portion of the 

Contract without the prior written permission given for, or on behalf of the Council 

by the Contracting Officer or some other duly authorised person, or from subletting 

any portion of his contract other than that which may be customary in the 

trade concerned. 

20.4.1 Cancellation of Contract in case of corruption 

i. Every written Contract shall include an express clause allowing the Council to 

cancel the Contract and to recover from the Contractor any amount of loss 

resulting from such cancellation. 

4F.16 




ii. 

If the Contractor or any person on his behalf shall have offered or given or 

agreed to give any person any gift or consideration of any kind as an inducement 

or reward for doing or forbearing to do or for having done or forborne to do any 

act in relation to the obtaining or the execution of the Contract or any other 

Contract with the Council or for showing or forbearing to show favour or disfavour 

to any person in relation to the contract or any other Contract with the Council or 

if the like acts shall have been done by any person employed by him or acting on 

his behalf (with or without the knowledge of the contractor) or if in relation to any 

Contract with the Council the Contractor or any person employed by him or 

acting on his behalf shall have committed any offence under the Prevention of 

Corruption Acts 1889 to 1916 or shall have given any fee or reward the receipt of 

which is an offence under Sections 117(2) and (3) of the Local Government Act 

1972 or any amendment or re-enactment thereof. 

20.5.1 Failure to Perform the Contract 

i. Every written Contract shall include an express condition that should the 

contractor fail to carry out the work or deliver the goods or deliver any portion 

thereof, or perform the service (as the case may be) within the time specified in 

the contract. 

ii. 

iii. 

The Council, without prejudice to any other remedy available for breach of 

contract, shall be free to terminate the contract either wholly or in part or to the 

extent of such default and to provide for the carrying out of the work by other 

means. The purchase of other goods or the performance by other means of the 

service (as the case may be) to make good such default, or in the event of the 

contract being wholly determined, the work not carried out, the goods remaining 

to be delivered, or the performance of the additional services required under the 

contract. 

The condition shall further provide that the amount by which the cost of providing 

for the carrying out of the work by other means or the purchase of other goods or 

the performance of substitute services exceeds the amount that would have been 

payable to the contractor had he performed the contract or a portion thereof 

within the time or times specified therein shall be payable by the contractor. 

20.6.1 Break Clause 

i. In every Contract a Break Clause should be included giving the Council the 

flexibility to break the contract over a reasonable period of time. 

ii. 

If this is not practical then seek advice and guidance with PGG. 

20.7.1 Statutory Obligations and Regulations 

All tenderers must comply and provide documentary evidence of the following if 

requested by the Council:- 

i. Equal Opportunities 

a. The Tenderer shall operate an equal opportunities policy to fulfil their 

obligations under this Agreement. 

4F.17 




ii. 

Discrimination 

a. The Tenderer shall not unlawfully discriminate within the meaning and 

scope of any law, enactment, order, or regulation relating to 

discrimination (whether in race, gender, religion, disability, sexual 

orientation or otherwise) in employment. 

iii. 

Health and Safety 

a. It is the responsibility of the Tenderer to ensure that Health and Safety 

requirements are met specific to the delivery of the Services. 

b. The Tenderer shall adopt safe systems of work and comply with all health 

and safety requirements including those of the Health and Safety at Work 

etc Act 1974. 

iv. 

Environmental Requirements 

a. The Tenderer shall, when working on the Council’s premises, perform the 

Agreement in accordance with the Council’s Environmental Policy, which 

is to conserve energy, water, wood, paper and other resources, reduce 

waste and phase out the use of ozone depleting substances and minimise 

the release of greenhouse gases, volatile organic compounds and other 

substances damaging to health and the environment. 

v. Security of Confidential Information 

a. Information supplied in the course of this Agreement, whether oral, 

written, or otherwise shall be treated as confidential and that no disclosure 

will be made to third parties of the terms or effect of this Agreement save 

as maybe reasonable for the purpose of a pursuit of obligations of the 

Agreement. 

b. In order to ensure that no unauthorised person gains access to any 

Confidential Information or any data obtained in the performance of the 

Agreement, the Tenderer undertakes to maintain security systems 

approved by the Council. 

c. The Tenderer will: 

i. ensure that no unauthorised person gains access to any 

Confidential Information or any data obtained in the performance 

of the Agreement, the Tenderer undertakes to maintain security 

systems approved by the Council. 

ii. 

iii. 

immediately notify the Council of any breach of security in relation 

to Confidential Information and all data obtained in the 

performance of the Agreement. Records of such breaches must 

be kept by the Tenderer. 

use all its best endeavours to recover such Confidential 

Information or data however it may be recorded. The Tenderer 

will co-operate with the Council in any investigation that the 

Council considers necessary to undertake as a result of any 

breach of security in relation to Confidential Information or data. 

4F.18 




d. The Council may require the Tenderer to alter any security systems at 

any time during the Agreement Period at the Tenderer’s own expense. 

vi. 

Data Protection Act 1998 (DPA) 

a. The Tenderer shall (and shall procure that any of its Staff involved in the 

provision of this agreement) be registered under the Data Protection Act 

1998 and both parties will duly observe all their obligations under the Act 

which arise in connection with the Agreement. 

b. The Tenderer acknowledges that the Council is subject to the 

requirements of the DPA and shall assist and co-operate with the Council 

(at the Tenderers own expense) to enable the Council to comply with 

information disclosure requirements. 

vii. 

Freedom of Information Act 2000 (FOIA) 

a. The Tenderer acknowledges that the Council is subject to the 

requirements of the FOIA and the Environmental Information Regulations 

and shall assist and co-operate with the Council (at the Tenderers own 

expense) to enable the Council to comply with these information 

disclosure requirements. 

viii. 

Publicity and Media 

a. Without prejudice to the Council’s obligations under the FOIA, the 

Tenderer shall not make any press announcements or publicise the 

Agreement or any part thereof in any way, unless agreed in writing by the 

Council. 

ix. 

Intellectual Rights 

a. All Intellectual Property Rights in any material furnished to, prepared by or 

made available to the Tenderer for use, or intended use, in relation to the 

performance of this Agreement shall belong to the Council. The Tenderer 

shall not, and shall procure that the Tenderer’s employees, servants, 

agents, suppliers and sub-contactors shall not, (except when necessary 

for the implementation of the Agreement) without prior Approval, use or 

disclose any such Intellectual Property Rights, or any other information 

(whether or not relevant to this Agreement) which the Tenderer may 

obtain in performing the Agreement except information which is in the 

public domain. 

x. Audit and National Audit Office 

a. The Tenderer shall keep and maintain until seven years after the 

Agreement has been completed, or as long a period as may be agreed 

between the Parties, full and accurate records of the Agreement including 

the Services provided under it, all expenditure reimbursed by the Council, 

and all payments made by the Council. 

b. The Tenderer shall on request afford the Council or the Council’s 

representatives such access to those records as may be required by the 

Council in connection with the Agreement. 

4F.19 




20.8.1 Standards and Proprietary Names 

i. Where a relevant British standard specification or British standard Code of 

Practice is specified in the tender it shall require that any services, works, 

supplies and utilities provided or executed shall accord with that defined standard 

or the European equivalent. 

ii. 

No tender documentation shall make reference to materials, goods or any other 

item of a specific make, source or to a particular process, or references to trade 

marks, patents, origin or means of production where such reference has the 

effect of discriminating between any particular organisation. 

CSO21 

POST- CONTRACT MONITORING AND EVALUATION 

21.1 During the life of the Contract the Officer must rigorously monitor the Contract and the 

Contractor in respect of: 

21.1.1 Performance; 

21.1.2 Compliance with Specification and contract; 

21.1.3 Cost; 

21.1.4 Any Best Value requirements; 

21.1.5 User satisfaction and risk management and in accordance with any 

corporate guidance. 

21.2 Where the Total Value of the Contract exceeds £50,000, the Contracting Officer must make a 

written report to PGG, evaluating the extent to which the purchasing need and the contract 

objectives (as determined and applied in accordance with these Contract Standing Orders) have 

been met. 

21.3 A report at set out in clause 21.2 above should normally be done when the contract is 

completed and will provide feedback to Officers and Members as to the success or otherwise of 

the contract and the contracting processes. However, Contracting Officers can approach PGG 

at any time during the life of the Contract or if the total life cost is less than £50,000 for advice 

and guidance. 

21.4 Where the Contract is to be re-let, a provisional report should also be available to PGG early 

enough to inform the approach to re-letting of the subsequent contract. 

21.5 The Contracting Officer should aim, where practicable, to ensure that payments made to a 

principal contractor are paid on time and that when paying progress payments to principal 

contractors, the payments flow down the supply chain (NB: it is regarded as good practice in 

providing support to Small to Medium Enterprises (SME’s). 

21.6 For the avoidance of doubt the Corporate Procurement Officer is available to provide guidance 

on how to administer CSO 21. Contracting Officers are advised to consult the Corporate 

Procurement Officer if the need arises. 

4F.20 




CSO22 

BONDS AND GUARANTEES 

22.1 A contractor may be required to enter into a Corby Borough Council Guarantee Bond and/or a 

Parent Company Guarantee, in such form as may be approved by the Monitoring Officer, in 

respect of any contract that equals or exceeds in value the £100,000. 

22.2 Consideration shall be given to the risk involved in all cases and Bonds/Parent Company 

Guarantees required in other appropriate cases as specified by the Monitoring Officer and a 

Section 151 Officer. 

22.3 Where it is proposed to waive the need to require a Bond or Parent Company Guarantee a 

waiver form shall be completed and signed by the Council’s Monitoring Officer and shall include 

reasons for the waiver. The relevant document and procedural guidance is available through the 

Corporate Procurement Officer. 

CSO23 

APPROVED CONTRACTORS 

23.1 The Council may compile and maintain a Select List of Approved Contractors compiled by the 

Democratic Services Manager. 

23.2 The Select List Procedure shall be used where it has been compiled. The rules for using Select 

Lists and other procedures are set out in CSO 12 and the Procurement Code. 

23.3 At least FOUR weeks before the Democratic Services Manager compiles any part of the Select 

List of Approved Contractors, notices inviting applications shall be published on the Councils 

Website (when made available), in at least ONE newspaper (including a local newspaper) and 

in at least ONE journal /newspaper circulating among persons, companies or firms undertaking 

the relevant category or categories of contract. 

23.4 Only persons, companies or firms whom the Democratic Services Manager, having made any 

reasonable enquiries, considers qualified in accordance with the Council’s Pre-Qualification 

Criteria and in all respects suitable may be included in the Select List. Before including a person 

on the Select List the Democratic Services Manager shall consult the Head of Financial 

Services. 

23.5 The Select List shall indicate the category or categories of contract and the values or amounts in 

respect of which the persons, companies or firms included therein have been approved. 

23.6 The lists shall be reviewed on a rolling programme whereby each person, company or firm 

whose name appears on the list shall be asked whether they wish to be included in the list 

under review and new Contractors may apply for inclusion and existing Contracts may apply to 

have existing financial limits reviewed. 

23.7 The Contracting Officer may at any time request removal or suspension from any part of the 

Select List maintained by him any person: 

23.7.1 at the request of the person; 

23.7.2 where, after reasonable financial and other enquiries, the person is considered by the 

Head of Financial Services not any longer to be in all respects suitable for inclusion; 

4F.21 




23.7.3 where the conduct of the person in relation to a contract has been in the opinion of the 

Contracting Officer unsatisfactory, evidence of conduct shall first be considered by the 

Corporate Director (Resources) in consultation with the Head of Legal and Democratic 

Services and by Committee if he/she considers this appropriate; 

23.7.4 where the person is found after reasonable enquiry to be no longer trading or no longer 

engaged in the type of work in respect of which he was included in the Select List; 

23.7.5 in the event that a Contractor on a Select List is invited to tender or quote and fails to 

respond in writing to the Council on three consecutive occasions, the Monitoring Officer 

and Section 151 Officer will be authorised to suspend or exclude the Contractor from 

that List pending its review; 

23.7.6 and on the first and second grounds specified above, may at any time alter the 

categories of contract and the value or amounts in respect of which a person included 

in the Select List has been approved. 

23.8 Where the Democratic Services Manager removes or alters an entry in the Select List he shall 

indicate in the Select List against that entry the date from which the removal or alteration takes 

effect, and shall advise the person whose name appears on the Select List. 

23.9 The Democratic Services Manager shall, at least every three years, review each entry in that 

part of the Select List maintained by him and may add the name of any person, alter an existing 

entry or remove the name of a person. At least every three years, notices inviting applications 

from persons not already included in the Select List shall be published in accordance with 

Paragraph 23.3. 

23.10 A Councillor for the purposes of his duty as such (in accordance with common law), shall be 

entitled to inspect the Select List. 

CSO24 

USE OF CENTRAL GOVERNMENT CATALOGUES 

24.1 Where permitted by PGG, Central Government Catalogues may be used and orders issued in 

accordance with the relevant catalogue procedure. 

24.2 The relevant Head of Service shall obtain: 

24.2.1 for any procurement of a Contract with a Net Value of up to £50,000 at least one (1) 

quotation from those Organisations appearing on such list; or 

24.2.2 for any procurement of a Contract with a Net Value of £50,001 or more a minimum of 

three (3) quotations from those Organisations appearing on such list and a “minitendering 

exercise”. 

24.2.3 the relevant Head of Service must record in writing the process used to determine the 

number of quotations obtained and the reason for selecting Organisations to quote. 

Such records shall be maintained for a minimum period of seven (7) years from the 

date of recording. 

4F.22 




CS025 

FRAMEWORK / CONSORTIUM AGREEMENTS 

25.1 Before promoting the procurement of a new or joining a pre-existing framework or consortium 

arrangement, PGG must be satisfied that such an approach represents the most economically 

advantageous solution for goods, services, works, supply or utility provision and with regard to 

the EU Rules on the use of such arrangements. 

25.2 Before procuring or entering into a framework or consortium arrangement, the Corporate 

Director (Resources) shall be satisfied that: 

25.2.1 the term of the arrangement shall be or is for a period of no longer than four years 

duration; 

25.2.2 the terms and conditions of the arrangement do not compromise the Council’s 

contractual requirements; 

25.2.3 the parties to the arrangement are recognised public bodies or providers from the 

private sector as approved by the Corporate Procurement Officer; 

25.2.4 full, open and proper competition in respect of the creation of the framework or 

consortium arrangement has taken or will take place in accordance with the relevant 

EU Rules and/or relevant Standing Orders. 

25.3 Rules governing Frameworks and Consortium Agreements are complex and early advice must 

be sought from the Corporate Procurement Officer, PGG and if necessary from the Head of 

Legal and Democratic Services. 

CSO26 

APPOINTMENT AND USE OF EXTERNAL CONSULTANTS 

26.1 A Code of Practice for the appointment and use of an External Consultant has been compiled by 

the Corporate Procurement Officer and must be followed. 

26.2 This Code gives Officers of the Council guidance on the procedure that must be adopted when 

consideration is given for the appointment and use of an External Consultant as long as there is 

clear evidence that there is no internal expertise or resource available for a particular project 

and there has been a clear identification of need. 

26.3 Information concerning the Codes of Practice is available through the Corporate Procurement 

Officer, from where advice can also be sought. 

CSO27 

EXTERNAL COUNSEL AND THE USE OF OTHER LEGAL ADVISORS 

27.1 Instructions to, or a Brief to External Counsel shall only be prepared and issued by the Head of 

Legal and Democratic Services in respect of any matter. 

27.2 Before instructing or briefing External Counsel, the Head of Legal and Democratic Services shall 

take all reasonable steps to obtain an oral quotation from Counsel’s clerk. Where the Head of 

Legal and Democratic Services anticipates that the Net Value of Counsel’s fees will exceed 

£50,000, the Head of Legal and Democratic Services shall take all reasonable steps to obtain 

4F.23 




fee quotations from three (3) different Counsels’ Chambers for Counsel of comparable 

experience and seniority unless, in the opinion of the Head of Legal and Democratic Services it 

is not practicable or appropriate to do so. 

27.3 The Head of Legal and Democratic Services must record in writing the number of quotations 

obtained and the reason for selecting those Organisations to provide quotations. 

27.4 27.1 to 27.3 equally apply to other Legal Advisors. 

CS028 

FAILURE TO COMPLY WITH CONTRACT STANDING ORDERS 

28.1 It is the responsibility of the Heads of Service to ensure that all Contracting Officers are provided 

with a copy of these Contract Standing Orders at the time of approval being granted. 

28.2 Contracting Officers MUST ensure that there is an audit trail of all documents. 

28.3 Failure to adhere to these Contract Standing Orders will be investigated under the Authority’s 

Disciplinary Policy and Procedure and may result in Disciplinary Action. 

4F.24 




APPENDIX 1: DEFINITIONS 

In these Contract Standing Orders the following expressions have the following meanings: 

(1) ‘Aggregation’ shall mean rules that are part of the EU Regulations and are designed to prevent 

artificial packaging of contracts to avoid the application of those regulations. 

(2) ‘Agreement’ shall mean types of agreements which are not legally enforceable. Examples of 

these are Grant Agreements and Service Level Agreements. 

(3) ‘Best Value’ shall mean the optimum combination of whole life cost and quality (or fitness for 

purpose) to meet the customer’s requirement assessed in accordance with the Procurement 

Code. 

(4) ‘Central Government Catalogues’ means those lists and procedures known as S-Catalyst 

(services), G-Catalyst (goods), L-Catalyst (legal). 

(5) ‘Committee Approval’ means allocation of a budget as set out in the Budget Book or as 

amended by any virement in line with Financial Rules through Committee, Delegated Authority 

or Waiver. 

(6) ‘Constitution’ shall mean the document adopted by Corby Borough Council which sets out how 

the Council operates, how decisions are made and the procedures which are followed to ensure 

that these are efficient, transparent and accountable to local people. 

(7) ‘Contract’ shall mean agreements which are legally enforceable (whether or not in writing), 

between the Council and one or more other parties in respect of: 

(a) the acquisition of goods, materials services or facilities or the execution of any works 

(excluding contracts of employment) 

(b) the disposal of goods so defined; and 

(c) includes an agreement with the financier, or any insurer of or trustees for the financier of 

a kind described in Section 1(2) of the Local Government (Contracts) Act 1997. 

(8) ‘Contracting Officer’ shall mean an Officer of the Council who is responsible for ensuring 

Council finances are spent in accordance with Financial Rules, Standing Orders and 

Legislation. For the purposes of these Standing Orders this includes any person, whether an 

employee of the Council or not (e.g. an Approved Officer, Agent or an appointed Consultant) 

who has been designated to manage or supervise, in whatever capacity on behalf of the 

Council. 

(9) ‘Contractor’ shall mean a 3 rd party, person, firm or company who or has submitted a quotation 

or tender, which has been accepted by or on behalf of the Council and has entered into a 

Contract with the Council. 

(10) ‘Consultant’ shall mean a business or an individual who provides external professional 

services. 

(11) ‘Council’ shall mean Corby Borough Council. 

(12) ‘Council's Standing Orders’ shall mean all of Part 4 of the Constitution. This includes the 

Standing Orders relating to decision making by the Council, Standing Orders Relating to Staff 

and Contract Standing Orders. 

(13) ‘EC Threshold’ shall mean the threshold values that determine by EU Rules. 

4F.25 




(14) ‘EU Rules’ shall mean broadly to encompass not only the EU Regulations but also general 

Europe principles such as non-discrimination and transparency. 

(15) ‘Financial Regulations’ shall mean Part --- of the Constitution and set out the rules and 

procedure, which govern financial management and control within the Council. 

(16) ‘Monitoring Officer’ shall mean the Officer under Section 5 of the Local Government and 

Housing Act 1989 responsible for the proper administration of the Council’s legal affairs. This 

Officer is currently the Head of Legal and Democratic Services. 

(17) ‘OJEU Notice’ shall mean a notice sent for publication in the Official Journal of the European 

Union (OJEU) to advertise contracts that are to be let under the EU Regulations. 

(18) ‘Organisation’ means an individual or persons, unincorporated association, partnership, limited 

liability partnership, charitable trust, incorporated association, other local authority, statutory 

body or government department; 

(19) ‘PQQ or Pre Qualification Questionnaire’ shall mean a document used to assess whether the 

potential tenderers meet the Council's minimum requirements in terms of financial standing, 

technical capacity and technical expertise. 

(20) ‘Procurement’ shall mean the process in which a body obtains, monitors, controls and 

completes the acquisition of goods, works and services from 3 rd parties. 

(21) ‘Procurement Plan’ shall mean the procurement plan prepared in pursuance of CSO 10. 

(22) ‘Purchasing Gateway Group’ (PGG) shall mean a body set up to advice the Council on its 

Procurement Procedures. 

(23) ‘Relevant EU Thresholds’ shall mean the threshold values that determine the application of 

the EC Rules and UK Legislation as identified by the OGC. 

(24) ‘Register of Contracting Officers’ shall mean the register of Contracting Officers. 

(25) ‘Register of Contracts’ shall mean the register of contracts entered into by the Council. 

(26) ‘Register of Tenders’ shall mean the register of tenders received by the Council. 

(27) ‘Regulations’ shall mean the Public Contracts Regulations 2006. 

(28) ‘Section 151 Officer’ shall mean the Officer under the Local Government Act 1972 responsible 

for the proper administration of the Council’s financial affairs. This Officer is currently the Head 

of Financial Services. 

(29) ‘Select List’ shall mean the Select List of approved contractors. 

(30) ‘Tender’ shall mean an offer submitted at any stage after the invitation to tender. 

(31) ‘Tendering’ shall mean the process that the tenderer must adopt to submit a tender. 

(32) ‘Tenderer’ shall mean a person or organisation or supplier who intends to, or has submitted a 

tender. 

(33) ‘Writing’ shall mean in the form approved by the Monitoring Officer or PGG. 

4F.26 




APPENDIX 2 – EU PUBLIC PROCUREMENT RULES 

EUPPRO1 

INTRODUCTION 

1.1 The European Union (EU) Procurement Directives (the ‘EU Procurement Rules’) and the 

Regulations that implement them in the UK (the ‘UK Procurement Rules’) collectively referred to 

as the ‘EU Public Procurement Rules’ set out the legal framework on public procurement. 

1.2 These rules impose on the Council a statutory system for the tendering and allocation of 

contracts that exceed the regulatory financial thresholds, unless it qualifies for a specific 

exemption. 

1.3 As the Council regularly awards contracts worth millions of pounds, the process leading up to 

the letting of the contract and thereafter, MUST coincide with EU Public Procurement Rules and 

the guidelines set out by the Office of Government Commerce. 

1.4 In seeking to outsource for goods and services, good practice and commercial efficacy demand 

that the Council finds a supplier who will be both reliable and will provide products or services 

that are good value for money. 

1.5 The Council is open to challenge in court for failure to comply and could incur a substantial 

award of damages in addition to delays and the effects on the Council’s reputation. 

1.6 The EU Public Procurement Rules are complex, therefore early professional advice and 

guidance MUST be sought from the Corporate Procurement Officer, Purchasing Gateway 

(‘PGG’) and legal advice from the Head of Legal and Democratic Services. 

EUPPRO2 

THRESHOLDS 

2.1 The EC Public Procurement Rules DO NOT apply if the estimated value of the contract (net of 

value added tax) is less than the threshold specified in 2.3. 

2.2 The Council MUST comply with the EU Public Procurement Rules when the total estimated life 

cost value of a contract equals or exceeds the thresholds (total estimated life cost value 

includes any possible extensions or variations to the contract and is exclusive of value added 

tax). The figures in 2.3 show the thresholds applicable as from 31 st January 2006. 

2.3 Public Contracts Thresholds as from the 31 st January 2006 

Works £3,611,319 

Services £144,371 

2.4 For Utilities a different threshold applies and for specialist services there are additional 

variations (not all services are covered by the full application of the EU Public Procurement 

Rules). Contracting Officers MUST seek advice from the Corporate Procurement Officer and 

PGG. 

4F.27 




2.5 Not all services are covered by the full application of the EU Public Procurement Rules. 

Services are split into two distinct parts: 

2.5.1 PART A SERVICES 

i. Are subject to the full EU Public Procurement Rules. 

2.5.2 PART B SERVICES 

i. Are not subject to the full EU Public Procurement Rules; 

ii. There is no requirement to advertise in the OJEU or follow detailed procedural 

rules, but there is a requirement to: 

a. use European Standards in Specifications and 

b. Register a contract award notice with the OJEU. 

2.6 It is important to be aware that the Council must apply the principles of the EEC Treaty (‘The 

Treaty of Rome’) to ALL public procurement. Therefore if the estimated total life cost of the 

contract is below the thresholds indicated above then the Treaty principles will automatically 

apply. 

These principles are: 

2.6.1 Non Discrimination 

2.6.2 Equal Treatment 

2.6.3 Transparency 

2.6.4 Mutual Recognition 

2.6.5 Proportionality 

EUPPR03 

ESTIMATING THE VALUE OF CONTRACTS AND AGGREGATION 

3.1 The Council must follow the EU Public Procurement Rules that set out the process when 

deciding a particular contract exceeds the appropriate threshold. 

3.2 For the avoidance of doubt, if there is any uncertainty about whether the EU Public Procurement 

Rules apply then assume that they will apply. 

3.3 AGGREGATION 

3.2.1 Under no circumstances may the Council deliberately split, break down into phases or 

underestimate a contract in order to avoid the application of the EU Public Procurement 

Rules. 

3.2.2 Where there is a single purpose for goods, works and services and the Council intends 

to let the work in a number of discrete parts, then the consideration calculated for 

comparison to the threshold must be the aggregate value of all those parts. 

4F.28 




3.2.3 In relation to works contracts where a number of contracts or ‘lots’ entered into for the 

purpose of carrying out work, then it must be aggregated with all the other associated 

contracts for a single purpose. 

3.4 MIXED CONTRACTS 

3.4.1 If the contract is a mixture of contracts and contains elements of both supplies and 

services or works and services, then: 

i. Where a contract covers both services and supplies, the classification should be 

determined by the respective values of the two elements; 

ii. Where it covers works or supplies or works or services it should be classified 

according to its predominant purpose; 

iii. Where the contract provides for the supply of equipment and an operator it 

should be regarded as a services contract; and 

iv. Contracts for software are considered to be for supplies unless they have to be 

tailored to the purchaser’s specification, in which case they are services. 

EUPPR04 

PUBLICITY AND THE TYPES OF NOTICE REQUIRED 

4.1 PRIOR INFORMATION NOTICE 

4.1.1 Under the EU Public Procurement Rules the Council is required to publish Prior 

Information Notice (‘Notice’) in the Official Journal of the European Union (‘OJEU’) and 

then on its Buyer Profile. 

4.1.2 Based on the information set out in the Council’s Procurement Plan. At the beginning of 

each financial year the Council shall publish a notice in respect of all projected 

contracts for goods, services and works (including approved capital schemes) to be 

awarded in the next 12 months. 

4.1.3 If, in the course of updating the Council’s Procurement Plan, the Council becomes 

aware of a new requirement not previously subject of a notice (in particular new 

approved capital schemes). The Council shall publish a notice on the OJEU and then 

on the Council’s Buyer Profile as soon as the decision to proceed with the project has 

been made. 

4.1.5 Publication of a notice has the advantage for the Council that the minimum time limits 

(for pre-qualification and tendering) can be reduced as a consequence. 

4.1.6 If, for whatever reason the contract requirements change or if time lapses (six months) 

without taking any further procurement action, then the notice shall become void. The 

council must re-advertise with a new notice. 

4F.29 




EUPPRO5 

PROCEDURE FOR ADVERTISING AND LEADING TO THE AWARD OF A 

CONTRACT 

5.1 TYPES OF TENDERING PROCEDURES 

5.1.1 Contacts to which the EU Public Procurement Rules apply shall be awarded in 

accordance with those rules and by means of one of the following four award 

procedures: 

i. OPEN - UNLIMITED 

a. Whoever responds to a notice published in the OJEU under this procedure 

will be invited to tender. 

ii. RESTRICTED - NO LESS THAN 5 

a. The Council may pre-determine the range within which the number of 

participants it intends to invite to tender for a contract shall be fixed but only 

if:- 

i. The lower number of participants is no less than 5 and no higher than 

20. 

ii. The range is determined in the light of the nature of the services to be 

provided under the contract, and 

iii. The range of participants is specified in the notice. 

b. Participants will be restricted to those that meet the Council’s minimum Pre- 

Qualification Criteria. 

c. This procedure is recommended for general use. 

ii. NEGOTIATED - MINIMUM OF 3 

a. This procedure only requires a minimum of THREE participants. 

b. The Council may select no less than three participants with whom to 

negotiate the terms of the contract. 

c. An advertisement in the OJEU is usually required however, in certain 

circumstances the contract does not have to be advertised in the OJEU. 

iii. COMPETITIVE DIALOGUE - MINIMUM of 3 

a. This procedure is suited to complex contracts or where the Council is 

unable to specify objectively its requirements, such as Public Private 

Partnerships or Private Finance Initiatives. 

b. The Council enters into a meaningful dialogue with THREE participants, 

following an OJEU notice and a selection process, to develop one or more 

suitable solutions for its requirements and on which chosen participant will 

be invited to tender. This procedure is only available where a contract 

cannot be awarded under Open or Restricted Procedures. 

4F.30 




c. Unless otherwise stated under the EU Public Procurement Rules where 

there is a call for competition, the Council must ensure that there is 

sufficient numbers of participants to ensure genuine competition. 

5.2 TIMESCALES 

5.2.1 Both minimum and maximum timescales are laid down for: - 

i. Expressions of interest to be lodged following publication of the contract notice 

ii. The tender period 

iii. The publication of a contract award notice 

5.2.2 The timescales depend on the procedure being followed for further guidance consult 

with the Corporate Procurement Officer. 

5.3 ACCELERATED TIMESCALES 

5.3.1 It is possible to use reduced timescales for restricted and negotiated procedures. 

5.3.2 This process must not be used to circumvent normal time limits as the council must be 

in a position to justify the use of the accelerated timescales. 

5.3.3 The Accelerated timescales may only be used where the normal timescales are 

rendered impracticable by reason of urgency. 

EUPRO6 

OJEU NOTICES AND THEIR CONTENTS 

6.1 OJEU NOTICES 

6.1.1 All notices must be published in the format specified in the EU Public Procurement 

Rules. Guidance is available from the Corporate Procurement Officer. 

6.1.2 Notices will only be published on the Council’s Buyer Profile when the relevant notice 

has been published in the OJEU. 

6.1.3 CANCELLATION 

i. If there are significant changes to the contract requirements at any stage then this 

will necessitate new procedure. 

ii. If a project is abandoned in its entirety or re-commenced then a cancellation 

notice will be required. 

iii. All participants who have expressed an interest must be notified in writing. 

6.1.4 OFFICIAL LANGUAGE 

i. All notices to be published in the OJEU must have information as to the standard 

form of language and the Council must follow the Community Procurement 

Vocabulary (CPV). 

6.1.5 STANDARDS AND TECHNICAL SPECIFICATIONS 

i. The Council encourages the use of performance specifications to stimulate 

competition and innovation. 

4F.31 




ii. 

iii. 

iv. 

Under the EU Public Procurement Rules if standards and technical specifications 

are to be included in contracts these must be defined by reference to any British 

Standards transposing European Standards or equivalent. 

The Council MUST give reasons where equivalence is not accepted. 

If the Council is prepared to accept variants (i.e. alternative tenders) the minimum 

requirements to be observed when submitting variants shall be set out in the 

technical specifications. The OJEU notice shall indicate clearly the variants that 

may be submitted. 

6.1.6 BRAND OR PROCESS NAMES 

i. Any references to goods of specific make, source or process which have the 

effect of favouring specific suppliers or products must not be used unless the 

specifications are strictly justified by the subject of the contract. 

ii. 

If one cannot otherwise describe the purchases in a sufficiently detailed and 

tangible way, references to trade marks, patents or brands may only be made 

provided the words ‘or equivalent’ are added afterwards. 

6.1.7 SUSTAINABILITY 

i. Relevant environmental and social requirements must be defined to allow 

tenderers to understand the requirement. 

ii. 

Production process standards and eco label criteria must be referenced but 

alternatives, which demonstrate equivalence, must be considered. 

EUPPR07 

TENDERER SELECTION 

7.1 PRE – QUALIFICATION CRITERA 

7.1.1 In the open, restricted and the negotiated procedure, the Council is free to establish its 

own Pre- Qualification Criteria (subject to the general rules and principles of EU Public 

Procurement Rules) but is limited as to the information it can seek in order to satisfy 

itself that the pre-qualification criteria have been met. (N.B. in an open procedure this 

information will be supplied at the same time as the tender). 

7.1.2 The Council’s pre-qualification criteria may include the following: – 

i. regularity and conduct 

ii. financial standing 

iii. technical capacity 

iv. health and safety 

v. equal opportunities 

vi. environmental management 

vii. ethical compliance 

7.1.3 The Council’s financial criteria are set by the Head of Finance. 

7.1.4 Pre-qualification information can be obtained from the Corporate Procurement Officer. 

7.1.5 It is normal to ask applicants to return a Pre- Qualification Questionnaire that restates 

the information requirements mentioned in the OJEU notice in further detail. In major 

4F.32 




projects the pre-qualification questionnaire is usually accompanied by a prospectus that 

provides further information on the project, the background, the Council’s objectives, 

the procedure to be followed and the timetable. 

7.1.6 PRE-QUALIFICATION DISQUALIFICATION 

i. The Council will follow section 23 of the Public Contracts Regulations 2006. 

ii. 

The Council will automatically disqualify and exclude from the tendering process 

those tenderers (both organisations and or individual representatives for those 

organisations) that have been found guilty of the following criminal offences: 

a. Conspiracy or participation in a criminal organisation 

b. Corruption 

c. Bribery 

d. Fraud 

e. Money Laundering 

iii. 

iv. 

The Council will also exclude from the tendering process those tenderers who are 

insolvent, fail to meet the Councils economic and financial standing; and fail to 

achieve technical or professional ability. 

Contracting Officers are required to obtain sufficient information for the Council to 

make the assessment. 

7.2 INVITATION TO TENDER 

7.2.1 The EU Public Procurement Rules require that the following minimum information is 

included in the invitation to tender or invitation to negotiate (as the case may be): – 

i. The address for requesting the contract documents (if not included) and further 

information, the deadline for such requests and the details of any fee payable for 

the documents; 

ii. 

iii. 

iv. 

The closing date for the receipt of tenders, the Council’s delivery address and a 

requirement that tenders and supporting documents are in English; 

A reference to the contract notice published in OJEU; 

Details of any (further) pre-qualification information required concerning economic 

and financial standing or technical capacity that is to be included with the tender; 

and 

v. The contract award criteria (if not previously specified in the OJEU notice) and or 

weighting. 

7.2.2 The invitation to tender shall include the following (as appropriate to the contract): - 

i. Instructions to tenderers 

ii. Draft contract (or reference to a standard form contract) 

iii. Specification and drawings 

iv. Pricing mechanism 

7.2.3 If the requirement is particularly complex, the invitation to tender should specify the 

method statements to be returned with the tender. 

4F.33 




EUPPR08 

AWARD CRITERIA 

8.1 CONTRACT AWARD 

8.1.1 Under the EU Public Procurement Rules the basis for awarding a contract is the most 

economically advantageous offer. 

8.1.2 To demonstrate transparency in the evaluation process the Council shall set out in the 

contract award criteria in the OJEU notice, in descending order of importance the 

criteria being applied. 

8.1.3 The criteria must relate directly to the subject-matter of the contract and avoid 

reference to non-commercial matters. Typically, the criteria would include: - 

i. whole-life cost 

ii. completion/delivery period 

iii. functional characteristics 

iv. quality 

v. technical merit 

vi. technical assistance and after-sales service 

vii. environmental characteristics. 

8.1.4 The Contract Award Criteria will form the main headings in the Council’s evaluation 

model. 

8.1.5 The model will contain sub-criteria (e.g. the elements that make up whole-life cost). It is 

good practice, but not mandatory, to provide tenderers with a copy of the full evaluation 

model (including any weightings). 

EUPPR09 

PRIOR TO AWARDING CONTRACT 

9.1 DECLINE 

9.1.1 There is a legal obligation on the Council to write decline letters to all unsuccessful 

participants to the tendering process. 

9.2 MANDATORY STANDSTILL PERIOD 

9.2.1 The Council is then required to wait 10 days following notification to unsuccessful 

tenderers of the decision to award a contract and before entering into the relevant 

contract as long as 9.3 has been complied with. 

9.2.2 The Council is only required to follow the Mandatory Standstill Period if the contract is 

subject to the full impact of the EU Public Procurement Rules. 

4F.34 




9.2.3 To comply with 9.2.1 and 9.2.2 Contracting Officers must take advice from the 

Council’s Corporate Procurement Officer. 

9.2.4 If a legal challenge is brought during the standstill period then the Council must await 

the outcome of an application to court before concluding the contract. 

9.3 DEBRIEF 

9.3.1 Under the EC Public Procurement Rules all participants of the tendering process, that 

have been unsuccessful at any stage of the tendering procedure are legally entitled to 

a debrief from the Council, upon written request. 

9.3.2 The Council must inform the unsuccessful tenderers of the reasons for their rejection 

and this must be done within 15 days of receiving a written request. 

9.3.3 The Council must advise all unsuccessful participants of the tendering process of the 

reasons as to why they were unsuccessful and the name of the successful tenderer 

and its gross contract value. 

EUPPR010 

CONTRACT AWARD NOTICES AND STATISTICAL RETURNS 

10.1 Once a contract has been awarded the Council must publish the result in the OJEU within 48 

days in the form of a Contract Award Notice. 

10.2 Publication of the Contract Award Notice shall be undertaken by or under the guidance of the 

Corporate Procurement Officer. 

10.3 A written explanation for the discontinuation or re-commencement of a tendering procedure 

shall also be provided on request. 

4F.35 



Part Five – Codes and Protocols 

PART FIVE 

CODES AND PROTOCOLS 

5.1


MEMBERS CODE OF CONDUCT 

The legislation governing the conduct of Elected Members is contained in two documents, 

the Relevant Authorities (General Principles) Order 2001 and the Relevant Authorities 

(Model Code of Conduct) Order 2001. 

The General Principles Order specifies the principles which govern the conduct of Members 

and Co-opted Members of the Local Authority. 

THE GENERAL PRINCIPLES 

Selflessness 

1. Members should serve only the public interest and should never improperly confer an 

advantage or disadvantage on any person. 

Honesty and Integrity 

2. Members should not place themselves in situations where their honesty and integrity 

may be questioned, should not behave improperly and should on all occasions avoid 

the appearance of such behaviour. 

Objectivity 

3. Members should make decisions on merit, including when making appointments, 

awarding contracts, or recommending individuals for rewards or benefits. 

Accountability 

1. Members should be accountable to the public for their actions and the manner in 

which they carry out their responsibilities, and should co-operate fully and honestly 

with any scrutiny appropriate to their particular office. 

Openness 

2. Members should be as open as possible about their actions and those of their 

Authority and should be prepared to give reasons for those actions. 

Personal Judgement 

3. Members may take account of the views of others, including their political groups, but 

should reach their own conclusions on the issues before them and act in accordance 

with those conclusions. 

5.2


Respect for Others 

4. Members should promote equality by not discriminating unlawfully against any 

person and by treating people with respect, regardless of their race, age, religion, 

gender, sexual orientation or disability. They should respect the impartiality of the 

Authority’s statutory Officers and its other employees. 

Duty to Uphold the Law 

5. Members should uphold the law and on all occasions, act in accordance with the 

trust that the public is entitled to place in them. 

Stewardship 

6. Members should do whatever they are able to do, to ensure that their Authorities use 

their resources prudently and in accordance with the law. 

Leadership 

7. Members should promote and support these principles by leadership and by example 

and should always act in a way that secures or preserves public confidence. 

5.3


CODE OF CONDUCT 

PART 1 

General Provisions 

Scope 

1. 1.1 A Member must observe the Authority’s Code of Conduct whenever he/she: 

a) conducts the business of the Authority; 

b) conducts the business of the office to which he/she has been elected or 

appointed; or 

c) acts as a representative of the Authority. 

and references to a Member’s official capacity shall be construed accordingly. 

1.1 An Authority’s Code of Conduct shall not, apart from paragraphs 5 and 5 (a) below, 

have effect in relation to the activities of a Member undertaken other than in an 

official capacity. 

1.2 Where a member acts as a representative of the Authority: 

a) on another relevant authority (a), he must, when acting for that other 

Authority, comply with that other Authority’s Code of Conduct; or 

a) on any other body, he must, when acting for that other body, comply with the 

Authority’s Code of Conduct, except and insofar as it conflicts with any other 

lawful obligations to which that other body may be subject. 

1.3 In this Code, “Member” includes a Co-opted Member of an Authority. 

General Obligations 

2. A Member must: 

a) promote equality by not discriminating unlawfully against any person; 

b) treat other with respect; and 

b) not do anything which compromises or which is likely to compromise the 

impartiality of those who work for, or on behalf of the Authority. 

3. A Member must not: 

a) disclose information given to him/her in confidence by anyone, or information 

acquired which he believes is of a confidential nature, without the consent of a 

person authorised to give it, or unless he is required by law to do so; nor 

b) prevent another person from gaining access to information to which that 

person is entitled by law. 

4. A Member must not in his official capacity, or any other circumstance, conduct 

himself/herself in a manner which could reasonably be regarded as bringing his/her 

office or Authority into disrepute. 

5.4


5. A Member: 

a) must not be in his/her official capacity, or any other circumstance, use his/her 

position as a Member improperly to confer on or secure for himself or any 

other person, an advantage or disadvantage; and 

b) must, when using or authorising the use by others of the resources of the 

Authority: 

i) act in accordance with the Authority’s requirements; and 

ii) ensure that such resources are not used for political purposes unless 

that use could reasonably be regarded as likely to facilitate, or be 

conducive to, the discharge of the functions of the Authority or of the 

office to which the Member has been elected or appointed. 

6. A Member must when reaching decisions have regard to any relevant advice 

provided to him by: 

a) the Authority’s Chief Finance Officer acting in pursuance of his/her 

duties under Section 114 of the Local Government Finance Act 1988 

(a) or an equivalent provision in any regulations made under Section 

6(6) of the Local Government and Housing Act 1989 (b); and 

b) the Authority’s Monitoring Officer acting in pursuance of his/her duties 

under Section 5(2) of the Local Government and Housing Act 1989 

(c). 

7. A Member must if he/she becomes aware of any conduct by another Member which 

he/she reasonably believes involves a failure to comply with the Authority’s Code of 

Conduct, make a written allegation to that effect to the Standards Board for England 

as soon as it is practicable for him/her to do so. 

Personal Interests 

PART 2 

INTERESTS 

8. (1) A Member must regard himself/herself as having a personal interest in 

any matter if the matter relates to an interest in respect of which notification 

must be given under Paragraphs 13 and 14 below or if a decision upon it 

might reasonably be regarded as affecting to a greater extent than other 

Council Tax payers, ratepayers, or inhabitants of the Authority’s area, 

the well-being or financial position of himself/herself, a relative or a friend, or: 

a) any employment or business carried on by such persons; 

b) any person who employs or who has appointed such persons, any 

firm in which they are a partner, or any company of which they are 

Directors; 

c) any corporate body in which such persons have a beneficial interest in 

a class of securities exceeding the nominal value of £5,000; or 

d) any body listed in sub paragraphs (a) to (e) of Paragraph 14 below in 

which such persons hold a position of general control or management 

5.5


(2) In this paragraph: 

a) “relative” means a spouse, partner, parent, parent in law, son, 

daughter, step-son, step-daughter, child of a partner, brother, sister, 

grandparent, grandchild, uncle, aunt, nephew, niece or the spouse or 

partner of any of the preceding persons; and 

b) “partner” in sub paragraph (2)(a) above means a member of a couple 

who live together. 

Disclosure of Personal Interests 

9. A Member with a personal interest in a matter who attends a meeting of the Authority 

at which the matter is considered must disclose to that meeting the existence and 

nature of that interest at the commencement of that consideration, or when the 

interest becomes apparent. 

Prejudicial Interests 

10. (1) Subject to sub-paragraph (2) below, a Member with a personal interest in a 

matter also has a prejudicial interest in that matter if the interest is one which a 

member of the public with knowledge of the relevant facts would reasonably regard 

as so significant that it is likely to prejudice the Member’s judgement of the public 

interest. 

(2) A Member may regard himself/herself as not having a prejudicial interest in a 

matter if that matter relates to:- 

a) another relevant authority of which he/she is a member; 

b) another public authority in which he/she holds a position of general 

control or management; 

c) a body to which he/she has been appointed or nominated by the 

authority as its representative; 

d) the housing functions of the authority where the Member holds a 

tenancy or lease with a relevant authority, provided that he/she does 

not have arrears of rent with that relevant authority of more than two 

months and provided that those functions do not relate particularly to 

the Member’s tenancy or lease; 

e) the functions of the authority in respect of school meals, transport and 

travelling expenses where the Member is a guardian or parent of a 

child in full time education, unless it relates particularly to the school 

which the child attends; 

f) the functions of the authority in respect of statutory sick pay under 

Part XI of the Social Security Contributions and Benefits Act 1992 (a), 

where the Member is in receipt of, or is entitled to the receipt of such 

pay from a relevant authority; and 

g) any functions of the authority in respect of an allowance or payment 

made under Sections 173 to 176 of the Local Government Act 1972 

(b) or section 18 of the Local Government and Housing Act 1989(c). 

5.6


Participation in Relation to Disclosed Interests 

11. A Member with a prejudicial interest in any matter must:- 

a) withdraw from the room or chamber where a meeting is being held 

whenever it becomes apparent that the matter is being considered at 

that meeting, unless he/she has obtained a dispensation(d) from the 

authority’s Standards Committee; and 

b) not seek improperly to influence a decision about that matter. 

12. For the purposes of this Part, “meeting” means any meeting of:- 

a) the authority; or 

b) any of the authority’s committees, sub-committees, joint committees, 

joint sub-committees or advisory committees. 

PART 3 

THE REGISTER OF MEMBERS’ INTERESTS 

Registration of Financial and Other Interests 

13. Within 28 days of the provisions of an authority’s Code of Conduct being adopted or 

applied to that authority or within 28 days of his/her election or appointment to office 

(if that is later) a Member must register his/her financial interests in the authority’s 

Register maintained under Section 81(1) of the Local Government Act 2000 by 

providing written notification to the authority’s Monitoring Officer of: 

a) any employment or business carried on by him/her; 

b) the name of the person who employs or has appointed him/her, the name of 

any firm in which he/she is a partner and the name of any company for which 

he/she is a remunerated director; 

c) the name of any person, other than a relevant authority, who has made a 

payment to him/her in respect of his/her election or any expenses incurred by 

him/her in carrying out his duties; 

d) the name of any corporate body which has a place of business or land in the 

authority’s area, and in which the Member has a beneficial interest in a class 

of securities of that body that exceeds the normal value of £25,000 or one 

hundredth of the total issued share capital of that body; 

e) a description of any contract for goods, services or works made between the 

authority and himself/herself or a firm in which he/she is a partner, a company 

of which he/she is a remunerated director, or a body of the description 

specified in sub-paragraph (d) above; 

f) the address or other description (sufficient to identify the location) of any land 

in which he/she has a beneficial interest and which is in the area of the 

authority; 

g) the address or other description (sufficient to identify the location) of any land 

where the landlord is the authority and the tenant is a firm in which he/she is a 

partner, a company of which he/she is a remunerated director, or a body of 

the description specified in sub-paragraph (d) above; and 

5.7


h) the address or other description (sufficient to identify the location) of any land 

in the authority’s area in which he/she has a licence (alone or jointly with 

others) to occupy for 28 days or longer. 

14. Within 28 days of the provisions of the authority’s Code of Conduct being adopted or 

applied to that authority or within 28 days of his/her election or appointment to office 

(if that is later), a Member must register his/her other interests in the authority’s 

register maintained under Section 81(1) of the Local Government Act 2000 by 

providing written notification to the authority’s Monitoring Officer of his/her 

membership of or position of general control or management in any: 

a) body to which he/she has been appointed or nominated by the 

authority as its representative; 

b) public authority or body exercising functions of a public nature; 

c) company, industrial and provident society (a), charity or body 

directed to charitable purposes; 

d) body whose principal purposes include the influence of public 

opinion or policy; and 

e) trade union (b) or professional association. 

15. A Member must within 28 days of becoming aware of any changes to the interests 

specified under paragraphs 13 and 14 above, provide written notification to the 

authority’s Monitoring Officer of that change. 

Registration of Gifts and Hospitality 

16. A Member must within 28 days of receiving any gift or hospitality over the value of 

£25, provide written notification to the authority’s Monitoring Officer of the existence 

and nature of that gift or hospitality. 

Overview and Scrutiny Committees 

17. (1) For the purposes of this Part, a member must if he is involved in the 

consideration of a matter at a meeting of an overview and scrutiny committee of the 

authority or a sub-committee of such a committee, regard himself as having a 

personal and a prejudicial interest if that consideration relates to a decision made, or 

action taken, by another of the authority’s – 

(a) committees or sub-committees;or 

(b) joint committees or joint sub-committees. 

Of which he may also be a member. 

(2) But sub-paragraph (1) above shall not apply if that member attends that 

meeting for the purpose of answering questions or otherwise giving evidence relating 

to that decision or action. 

5.8


(b) 

OFFICERS’ CODE OF CONDUCT 

1. INTRODUCTION FOR EMPLOYEES 

1.1 The public is entitled to expect the highest standards of conduct from all employees 

who work for Corby Borough Council (the Council). This Code sets out the 

standards expected from employees. It should be, where appropriate, in conjunction 

with the Council's employment policies, other relevant policies, procedures and 

protocols, conditions of service, standing orders, financial regulations and statutory 

requirements. (A list of these is set out at Appendix 1) 

1.2 Some of the issues covered will affect senior, managerial and professional 

employees more than other employees but many aspects of the Code are applicable 

to all the Council's staff. 

1.3 The golden rule to remember is that you should never do anything as an employee of 

the Council which you could not justify publicly. Your conduct will affect the 

reputation of the Council. It is not enough to avoid actual impropriety. You should at 

all times avoid any occasion for suspicion and any appearance of improper conduct. 

1.4 Please read the Code carefully. It is your responsibility to make sure that what you 

do complies with the standards set down. If in doubt seek advice from your 

manager, Human Resources & Customer Care or the Monitoring Officer (Deputy 

Chief Executive) 

1.5 An Employee/worker is an individual who has entered into, or works under a contract 

of employment or under any other contract, whereby the individual undertakes to do 

or perform personally any work or services for another party. 

2. GENERAL DUTIES AND RESPONSIBILITIES 

2.1 The duty of an employee is to serve the Council by carrying out the Council's work 

under the direction, control and guidance of a Chief Officer Heads of Service of the 

Council. The employees should work to the best of their abilities, and if advice has 

to be given to Councillors, this should be the best profession advice on all matters. 

2.2 The reputation of the Council depends in large part on the conduct of its employees 

and what the public believes about their conduct. The public expects conduct of the 

highest standard. Confidence in this integrity will be shaken if there is the least 

suspicion that employees could have been influenced in any way by any improper 

motive. 

2.3 Employees are expected, through agreed procedures, and without fear of 

recrimination, to bring to the attention of the appropriate level of management any 

deficiency in the provision of services to the public together with any impropriety or 

breach of procedure. In appropriate situations the Whistleblowing procedure can be 

used (attached at Appendix 2). 

5.9


3. STANDARDS 

3.1 Local Government employees are expected to give the highest possible standard of 

service to the public and, where it is part of their duties, to provide appropriate advice 

to Councillors and fellow employees with impartiality. Employees should, without 

fear of recrimination, bring to the attention of their manager any deficiency in the 

provision of service. Employees must also report to their own manager or any other 

appropriate senior manager any impropriety or breach of procedure. 

4. DISCLOSURE OF INFORMATION 

4.1 The law requires that certain types of information must be available to Councillors, 

auditors, government departments, service users and the public and, in certain 

circumstances, employees may have a legal or professional duty to disclose 

information to a third party. Other than in these circumstances, employees shall not 

disclose confidential information, should not use information obtained in the course 

of their employment for personal gain or benefit or pass it on to others who you 

believe might use it in such a way. They must also comply with the legislative 

provisions on data protection. (A brief Guide is attached at Appendix 3). 

4.2 Any particular information received by an employee from a Councillor which is 

personal to that Councillor and does not belong to the authority should not be 

divulged by the employee without the prior approval of that Councillor, except where 

such disclosure is required or sanctioned by law. 

4.3 `The guidance with respect to a Councillor's right to information is set out in 

Appendix 4 to this Code'. (extract from Constitution). 

5. POLITICAL NEUTRALITY 

5.1 Employees serve the Council as a whole, so they must serve all Councillors and not 

just those of the controlling group. They must ensure that the individual rights of all 

Councillors are respected and that they do not compromise their political neutrality. 

5.2 Employees, whether or not politically restricted, must follow every lawful expressed 

policy of the authority and must not allow their own personal or political opinions 

interfere with their work. 

6. RELATIONSHIPS 

6.1 In general, if an employee has regular contact with Councillors, it is essential to the 

satisfactory working of the Council that cordial and effective relationships are 

established. Mutual respect between Councillors and employees is essential to good 

local government. However, close personal familiarity between an employee and 

any individual Councillors could damage this relationship and prove embarrassing to 

other Councillors and employees. Further detailed advice is set out in the 

Officer\Member Protocol. (attached at Appendix 5). 

6.2 Employees must always remember their responsibilities to the community of Corby 

Borough and ensure courteous, efficient and impartial service delivery to all groups 

5.10


and individuals within that community as defined by the policies of the Council. 

Employees must also be careful that any relationship that they have with any other 

person cannot bring the Council into disrepute. In particular, no employee may act in 

a regulatory or inspection capacity in respect of any matter in which he\she has an 

interest. 

6.3 Orders and contracts must be awarded on merit and in accordance with the Council's 

procedures, and no special favours should be shown to businesses run by, for 

example, friends, partners or relatives. 

6.4 Employees who place orders, award contracts or supervise contractors and have 

previously had or currently have a relationship in a private or domestic capacity with 

contractors they deal with in the course of these duties, should declare that 

relationship to their managers and should record it in the register provided and 

maintained by Human Resources and Customer Care. 

6.5 Employees in their official relationships with contractors and potential contractors 

must not conduct themselves in such a manner so as to convey that they are in a 

position of giving favour, or in their dealings conduct themselves so as to directly in 

indirectly canvass or infer that they seek gift, loan, fee, reward or advantage, or any 

offer of such. The Council’s Gifts and Hospitality Guidance must be followed in all 

cases (attached Appendix 6) 

6.6 In general, employees are obliged to declare their interest in their relationship or their 

activities as soon as it becomes apparent that there may be an involvement or 

conflict with the Council's own interests. This is done by advising the Head of 

Human Resources and Customer Care of the nature of the interest or receipt of Gifts 

or Hospitality. 

6.7 Examples of interest are set out in Appendix 7. 

7. APPOINTMENT AND OTHER EMPLOYMENT MATTERS 

7.1 Employees involved in appointments must ensure that these are made on the basis 

of merit. It is unlawful for an employee to make an appointment, which is based on 

anything other than the ability of the candidate to undertake the duties of the post. In 

order to avoid any possible accusation of bias, employees should not be involved in 

an appointment where they are related to an applicant, or have a close personal 

relationship outside work with him or her. Any relationship which would disqualify 

participation should be declared to the Head of Human Resources and Customer 

Care. 

7.2 All appointments to be made fairly and without consideration of any matters relating 

to race, colour, nationality, ethnic or national origin, disability, religion, political 

persuasion, marital status, sex, sexual orientation or age. 

7.3 References in support of job applicants must not be from relatives of the applicant or 

from anyone related to any employee participating in the appointment decision. 

7.4 Similarly, employees should not be involved in decisions relating to discipline, 

promotion or pay adjustment for any other employee who is a relative, partner, etc or 

with whom they have a close personal relationship outside work. 

5.11


8. OUTSIDE COMMITMENTS 

8.1 Employees off duty hours are their personal concern, but they should not 

subordinate or conflict with their official duties at any time. The Council will not 

attempt to preclude any of its employees from undertaking additional employment 

but such employment must not in the Council's view conflict or react detrimentally to 

the authority's interest or any way weaken public confidence in the conduct of the 

authority's business. Appropriate cases will be reported to Committee for notification 

or approval. 

8.2 Employees above Scale SO1 must not engage in any other business, or take up any 

additional appointment without first receiving the express consent of their Service 

Head and Chief Officer. 

8.3 Employees should ensure that the hours worked in the additional employment do not 

make them too tired to work effectively and safely when working for the Council. 

Legally, the Council has a responsibility to ensure that none of its employees are 

working more than an average 48 hours per week. If an employee takes another job 

in addition to their Council job, this may take the employee above the legal limit. 

Employees are required to inform the Council if you take regular paid employment 

which could result in their total average weekly working hours in both jobs coming to 

48 hours or more. Employees should advise their manager who will take advice from 

Human Resources & Customer Care. 

9. INTELLECTUAL PROPERTY 

9.1 An intellectual property rights, (that is copyright, design rights and the right to patent 

inventions) relating to anything created or invented by employees in the course of 

their duties belongs automatically to the Council. Employees are not entitled to use, 

sell or otherwise exploit the rights to any such thing without written permission from 

the Council. 

10 EQUALITIES 

10.1 All members of the community, customers and other employees have a right to be 

treated with fairness and equity irrespective of race, colour, nationality, ethnic or 

national origin, disability, religion, political persuasion, marital status, sex, sexual 

orientation or age. All employees should ensure that the Council's equal opportunity 

policies are complied with in addition to the requirements of the law. 

11 HUMAN RIGHTS 

11.1 In the performance of their duties employees are required to comply with the 

requirements of the Human Rights Act 1998 (A guidance note is attached at 

Appendix 8). 

12 PERSONAL INTERESTS 

12.1 If it comes to the knowledge of an employee that they have an interest in a contract 

which has been or is proposed to be entered into by the Borough Council, or on any 

5.12


other matter, they must give notice in writing to the Monitoring Officer of this fact as 

soon as possible. A record of that interest will be made kept for the purpose by the 

Head of Human Resources and Customer Services, which is open to inspection by 

any Chief Officer, Service Head or Member. 

12.2 Employees must declare to Head of Human Resources and Customer Care any nonfinancial 

interests that they consider could bring about conflict with the authority's 

interests. Examples of personal interests is set out in Appendix 7) 

12.3 Employees should declare to Head of Human Resources and Customer Care 

membership of any organisation not open to the public with formal membership and 

commitment of allegiance and which has secrecy about rules or membership or 

conduct. 

12.4 The Register held by Human Resources is open to inspection by Members who shall 

treat the information in the same manner as exempt information (Schedule 12 Local 


13. SEPARATION OF ROLES DURING TENDERING 

13.1 Employees involved in the tendering process and dealing with contractors should be 

clear on the separation of client and contractor roles within the authority. Senior 

employees who have both a client and contractor responsibility must be aware of the 

need for accountability and openness. 

13.2 Employees in contractor or client units must exercise fairness and impartiality when 

dealing with all customers, suppliers, other contractors and sub-contractors. 

13.3 Employees who are privy to confidential information on tenders or costs for either 

internal or external contractors must not disclose that information to any 

unauthorised party or organisation. 

13.4 Employees must ensure that no special favour is shown to current or recent former 

employees or their partners, close relatives or associates in awarding contracts to 

businesses run by them or employing them in a senior or relevant managerial 

capacity. 

14 SPONSORSHIP 

14.1 Where an outside organisation wishes to sponsor or is seeking to sponsor a local 

government activity, whether by invitation, tender, negotiation or voluntarily, the 

same conventions concerning acceptance of gifts or hospitality apply. Particular 

care must be taken when dealing with current or potential contractors or developers. 

14.2 Where the Council wishes to sponsor an event or service, neither an employee nor 

any partner, spouse or relative must not benefit from such sponsorship in a direct 

way without there being full disclosure to an appropriate manager of any such 

interest by way of notification to the Head of Human Resources and Customer Care. 

Any disclosures should be recorded in the register provided. Similarly, where the 

Council through sponsorship, grant aid, financial or other means, gives support in the 

community, employees should ensure that impartial advice is given and that there is 

no conflict or interest involved. 

5.13


15 CORRUPTION 

15.1 Employees must be aware that it is a serious criminal offence for them corruptly to 

receive or give any gift, loan, fee, reward or advantage to doing or not doing anything 

or showing favour or disfavour to any person in their official capacity. Employees 

must advise their Head of Service at the earliest opportunity of any such approach, 

which is made to them. 

15.2 Employees must not solicit any gift, loan, fee, reward or advantage and must accept 

the Council will treat such action as seriously as that indicated in Paragraph 15.1 

above. Employees must advise their Head of Service at the earliest opportunity if 

they believe a colleague may be soliciting an advantage. 

16 USE OF RESOURCES 

16.1 The Council's property and resources are to be solely used for approved purposes. 

An approved purpose shall include use in accordance with the Trade Union facilities 

agreement. Any facility, such as vehicles, equipment, stationery or secretarial 

services which the Council provides for its own business should not be otherwise 

used without authorisation from a Head of Service. 

17 PUBLIC SPEAKING 

17.1 Where employees are invited to address public meetings, undertake radio or 

television interviews etc, it is expected that they must clearly understand the basis 

upon which the invitation was extended. In the majority of cases, an employee will 

be acting as the representative of the Council, and as such must communicate the 

policies and procedures of the Council in a factual and unbiased way. Employees 

should advise/discuss public speaking appointments with the Communications 

Section. 

17.2 Employees must avoid expressing personal views in such situations, and if during 

the course of the debate or discussion the personal views of the employee are 

sought then he\she must consider most carefully whether this would place them in a 

position of public conflict with their employer. It may be appropriate in such 

circumstances for the employee to decline to make further comment and terminate 

and terminate the discussion or interview. It is of course recognised that employees 

are entitled to personal views, and that these may be very strongly felt. Where these 

personal views are given they must be stated as personal. 

18 GIFTS AND HOSPITALITY 

18.1 The Council's guidance on giving and receiving gifts and\or hospitality should be 

observed as part of this code. (A copy is attached as Appendix 6) 

19 HEALTH AND SAFETY 

19.1 Employees have a duty to take reasonable care for the health and safety of 

colleagues and others, who may be affected by anything done at work. No job 

should be undertaken that in any way might be a danger either to the employee 

5.14


concerned, work colleagues or to any member of the public. (The Council’s Health 

and Safety Policy is attached – Appendix 9). 

19.2 If an employee has any doubts or concerns contact should be made with his 

Manager who will in appropriate instances seek the advice of the Health and Safety 

Officer. 

20 EMPLOYEES FACING CRIMINAL CHARGES 

20.1 The Council expects employees facing criminal charges to give notice of such, 

without delay, to the Heads of Human Resources and Customer Care. Sometimes 

the nature of the charges will be relevant to the employee's job in other cases the 

issue will be less clear-cut. Employees are aware that their own personal actions 

can reflect on the Council as a whole. They are required therefore to notify the Head 

of Human Resources and Customer Care of any criminal charge which may be 

pending, whether they personally feel the matter is relevant or not, and the outcome 

of any such charge. 

20.2 Discussion with the employee will take place as to the extent to which such a charge 

reflects upon the ability of the employee to perform effectively, or the extent to which 

the Council's own interests are prejudiced. An opportunity will be given to have a 

Trade Union representative present during any discussions. 

20.3 All information obtained shall be treated confidentially within the Council. 

21 REVIEW 

21.1 This Code will be reviewed at least at 3 yearly intervals. Sooner review can take 

place if circumstances require. Should a National Code For Employees be brought 

forward an immediate review will take place. 

5.15


MEMBER OFFICER PROTOCOL 

Issued April 2006 

Adopted by Full Council Thursday 4 th May 2006 

5.16


MEMBER/OFFICER PROTOCOL - Contents 

Section 

page no. 

Preamble 5.18 

Definitions 5.18 

Principles 5.18 

The role of members 5.19 

The role of officers 5.21 

The relationship between members and officers: general 5.21 

The Council as employer 5.22 

Mayor, Members and officers 5.23 

Overview and scrutiny members and officers 5.23 

Members of other committees or sub-committees and officers 5.24 

Party groups and officers (excluding political assistants) 5.24 

Political assistants 5.25 

Local members and officers 5.25 

Members' access to documents and information 5.26 

Media relations 5.27 

Correspondence 5.28 

Access to premises 5.28 

Use of Council resources 5.29 

Interpretation, complaints and allegations of breaches 5.29 

"Every local authority should have its own written statement or protocol 

governing relations between members and officers." (Third report of the 

Committee on Standards in Public Life - the Nolan Committee) 

5.17


Preamble 

1. Mutual trust and respect between members and officers is at the heart of a council's 

good governance. They are essential if the partnership necessary for the effective 

running of a local authority is to succeed. 

2. This may seem obvious. But what happens when relationships go awry? Where can 

members and officers turn for guidance? What mechanisms exist for addressing 

concerns? How can matters be improved? 

3. Such questions point to the need for a written guide to the basic elements of the 

relationship between members and officers - a protocol: 

• to promote trust, openness, fairness and honesty by establishing some ground rules; 

• to define roles so as: 

o to clarify responsibilities (i.e. who does what), 

o to avoid conflict, and 

o to prevent duplication or omission; 

• to secure compliance with the law, codes of conduct and a council's own 

practices; and 

• to lay down procedures for dealing with concerns by members or officers. 

4. A protocol should be recognised both as a central element of a council's corporate 

governance, and as a commitment to upholding standards of conduct in public life. It's 

one way of demonstrating to the public at large that local government is serious about 

protecting and enhancing its integrity and reputation. 

5. This document is intended to be a model. It does not seek to be prescriptive or 

exhaustive. Rather, it sets out the issues which are likely to be common to most 

councils. 

Definitions 

6. Unless the context indicates otherwise, references to the term Council include, 

overview and scrutiny committees, and other committees and sub-committees. 

7. Unless the context indicates otherwise, the terms member and members include nonelected 

(i.e. co-opted) members as well as elected councillors. 

8. Officers and staff mean all persons employed by the Council. 

9. Senior officer means the Chief Executive, Corporate Directors, Heads of Service and 

Middle Managers of the Council 

10. Designated Finance Officer means the officer exercising the duties prescribed by law 

for the financial administration of the Council and shall include his/her deputy at all 

times. Similarly Monitoring Officer means the officer of the Council holding that 

statutory office and shall include his/her deputy at all times. 

Principles 

11. Members and officers must at all times observe this protocol. 

12. The protocol has been approved by the Council's Standards Committee who will 

monitor its operation. 

5.18


13. The protocol seeks to maintain and enhance the integrity (real and perceived) of local 

government which demands the highest standards of personal conduct. 

14. Members and officers must always respect the roles and duties of each other. They 

must show respect in all their dealings by observing reasonable standards of 

courtesy, and by not seeking to take unfair advantage by virtue of their position. 

15. Whilst members and officers are indispensable to one another, their responsibilities 

are distinct. Members are accountable to the electorate and serve only as long as 

their term of office lasts. Officers are accountable to the Council as a whole. Their job 

is to give advice to members (individually and collectively) and to carry out the 

Council's work under the direction of the Council. 

16. The Council has adopted codes of conduct for both members and officers. Both 

represent best practice. The members' code follows the national code which in turn is 

based on the general principles governing members' conduct enshrined in law, viz: 

• Selflessness - serving only the public interest. 

• Honesty and integrity - not allowing these to be questioned; not 

behaving improperly. 

• Objectivity - taking decisions on merit. 

• Accountability - to the public; being open to scrutiny. 

• Openness - giving reasons for decisions. 

• Personal judgement - reaching one's own conclusions and acting 

accordingly. 

• Respect for others - promoting equality; avoiding discrimination; 

respecting others (member/member, as well as member/officer). 

• Duty to uphold the law - not acting unlawfully. 

• Stewardship - ensuring the prudent use of a council's resources. 

• Leadership - acting in a way which has public confidence. 

17. These principles underpin this protocol. They will also be reflected in a new national 

code of conduct for employees due in the near future. Already officers are bound by 

their own professional codes (in certain cases) and by the Council’s own code of 

conduct for employers. 

18. Breaches of this protocol by a member may result in a complaint to the Standards 

Board for England if it appears the members' code has also been breached or referral 

to the Corby Standards Committee if it is a breach of the Protocol alone. Breaches by 

an officer may lead to disciplinary action. 

The role of members 

19. Members have a number of roles and need to be alert to the potential for conflicts of 

interest, which may arise between the roles. Where such conflicts are likely, members 

may wish to seek the advice of senior colleagues, the relevant senior officer(s), and/or 

the Monitoring Officer. 

20. Collectively, members are the ultimate policy-makers determining the core values of 

the Council and approving the authority's policy framework, strategic plans and 

budget. 

21. Members represent the community, act as community leaders and promote the social, 

economic and environmental well-being of the community often in partnership with 

other agencies. 

5.19


22. Every elected-member represents the interests of, and is an advocate for, his/her 

ward and individual constituents. He/she represents the Council in the ward, responds 

to the concerns of constituents, meets with partner agencies, and often serves on 

local bodies. 

23. Committees have decision making powers. They may determine matters within their 

terms of reference but implementation of their decisions is the responsibility of 

officers. Chairs of Committees have an important role of trust within the decision 

making structure and part of their role should be to act as role models in terms of 

promoting good member officer relations at Committee meeting as well as ensuring 

the Protocol is enforced during any meeting which they chair 

24. Members serving on overview and scrutiny panels monitor the effectiveness of the 

Council's policies and services, develop policy proposals and examine community 

issues. They also monitor local health service provision. 

25. Some members may be appointed to represent the Council on local, regional or 

national bodies. 

26. As politicians, members may express the values and aspirations of the party political 

groups to which they belong, recognising that in their role as members they have a 

duty always to act in the public interest. 

27. Members are not authorised to instruct officers other than: 

• through the formal decision-making process; 

• to request the provision of consumable resources provided by the Council for 

members' use; 

• where staff have been specifically allocated to give support to a member or 

group of members 

28. Members are not authorised to initiate or certify financial transactions, or to enter into 

a contract on behalf of the Council. 

29. Members must avoid taking actions, which are unlawful, financially improper or likely 

to amount to maladministration. Members have an obligation under their code of 

conduct to have regard, when reaching decisions, to any advice provided by the 

Monitoring Officer or the designated Finance Officer. 

30. Members must respect the impartiality of officers and do nothing to compromise it, 

e.g. by insisting that an officer change his/her professional advice. 

31. Members have a duty under their code of conduct: 

• to promote equality by not discriminating unlawfully against any person, and 

• to treat others with respect. 

32. Under the code, a member must not when acting as a member or in any other 

capacity: 

• bring the Council or his/her position as a member into disrepute, or 

5.20


• use his/her position as a member improperly to gain an advantage or 

disadvantage for his/herself or any other person. 

The role of officers 

33. Officers are responsible for giving advice to members to enable them to fulfil their 

roles. In doing so, officers will take into account all available relevant factors. 

34. Under the direction and control of the Council (including, as appropriate, committees 

and sub-committees), officers manage and provide the Council's services within the 

framework of responsibilities delegated to them. This includes the effective 

management of employees and operational issues. 

35. Officers have a duty to implement decisions of the Council, committees and subcommittees 

which are lawful, and which have been properly approved in accordance 

with the requirements of the law and the Council's constitution, and duly minuted. 

36. Officers have a contractual and legal duty to be impartial. They must not allow their 

professional judgement and advice to be influenced by their own personal or political 

views. 

37. Officers must assist and advise all parts of the Council. They must always act to the 

best of their abilities in the best interests of the authority as expressed in the Council's 

formal decisions. 

38. Officers must be alert to issues, which are, or are likely to be, contentious or politically 

sensitive, and be aware of the implications for members, the media or other sections 

of the public and should consult with members in such circumstances as appropriate. 

39. Officers have the right not to support members in any role other than that of member, 

and not to engage in actions incompatible with this protocol. In particular, there is a 

statutory limitation on officers' involvement in political activities. 

The relationship between members and officers: general 

40. The conduct of members and officers should be such as to instil mutual confidence 

and trust. 

41. The key elements are a recognition of and a respect for each other's roles and 

responsibilities. These should be reflected in the behaviour and attitude of each to the 

other, both publicly and privately. 

42. Informal and collaborative two-way contact between members and officers is 

encouraged. But personal familiarity can damage the relationship, as might a family or 

business connection. 

43. Members and officers should inform the Monitoring Officer of any relationship which 

might be seen as unduly influencing their work in their respective roles. 

44. It is not enough to avoid actual impropriety. Members and officers should always be 

open about their relationships to avoid any reason for suspicion and any appearance 

5.21


of improper conduct. Where a personal relationship has been disclosed, those 

concerned should avoid a situation where conflict could be perceived. Specifically, a 

member should not sit on a body or participate in any decision, which directly affects 

the officer on a personal basis. No Member or Officer should make any statement 

giving reference to another Member/Officer’s gender, skin colour, creed or sexual 

orientation. 

45. Officers serve the Council as a whole. They have a duty to implement the properly 

authorised decisions of the Council. 

46. With the exception of political assistants, officers work to the instructions of their 

senior officers, not individual members. It follows that, whilst such officers will always 

seek to assist a member, they must not be asked to nor should they exceed the 

bounds of authority they have been given by their managers. Except when the 

purpose of an enquiry is purely to seek factual information, members should normally 

direct their requests and concerns to a senior officer, at least in the first instance. 

47. Officers will do their best to give timely responses to members' enquiries. However, 

officers should not have unreasonable requests placed on them. Their work priorities 

are set and managed by their managers. Members should avoid disrupting officers' 

work by imposing their own priorities. In particular officers should be allowed to get on 

with their job and members need to acknowledge this when agreeing a timetable for a 

response to their queries. At no time should Members burst in on officers while they 

are working but should seek wherever possible to make appointments. 

48. Members will endeavour to give timely responses to enquiries from officers. 

49. An officer shall not discuss with a member personal matters concerning him/herself or 

another individual employee. This does not prevent an officer raising on a personal 

basis, and in his/her own time, a matter with his/her ward member. 

50. Members and officers should respect each other's free (i.e. non-Council) time. 

The Council as employer 

51. Officers are employed by the Council as a whole. 

52. Members' roles are limited to: 

• the appointment of specified senior posts, 

• determining human resources policies and conditions of employment, 

• the appointment of political assistants, and 

• hearing and determining appeals. 

53. Members shall not act outside these roles. 

54. If participating in the appointment of officers, members should: 

• remember that the sole criterion is merit (other than in the case of political 

assistants where political consideration may apply), 

• never canvass support for a particular candidate, 

• not take part where one of the candidates is a close friend or relative, 

• not be influenced by personal preferences, and 

5.22


• not favour a candidate by giving him/her information not available to the other 

candidates. 

55. A member should not sit on an appeal hearing if the appellant is a friend, a relative, or 

an officer with whom the member has had a working relationship. 

Mayor, Members and officers 

56. Members and Officers will respect the position of Mayor and provide appropriate 

support. 

Overview and scrutiny members and officers 

57. Chairmen and other leading overview and scrutiny members shall maintain regular 

contact with the officer(s) providing the principal support to the overview and scrutiny 

function. In consultation with chairmen, it shall be the responsibility of the latter to 

ensure that those who need to know of matters being considered or for possible future 

consideration are so informed. 

58. An overview and scrutiny panel or its chairman acting on its behalf may require 

officers to attend overview and scrutiny meetings. Members should not normally 

expect junior officers to give evidence. All requests should be made to senior officers 

in the first instance. 

59. When making requests for officer attendance, overview and scrutiny members shall 

have regard to the workload of officers. 

60. It is recognised that officers required to appear before an overview and scrutiny panel 

may often be those who have advised another part of the Council on the matter under 

investigation. In these circumstances, an officer may have a conflict of interest. Both 

members and officers need to consider the severity of the conflict. If deemed 

appropriate, research and advice may be sought elsewhere - from the Council's 

dedicated overview and scrutiny support unit or externally. 

61. Officers should be prepared to justify advice given to the Council, or other committees 

and sub-committees even when the advice was not accepted. 

62. Officers must also be prepared to justify decisions they have taken under delegated 

powers. 

63. In giving evidence, officers must not be asked to give nor should they offer political 

views. 

64. Officers should respect members in the way they respond to members' questions. 

65. Members should not question officers in a way that could be interpreted as 

harassment. Neither should they ask about matters of a disciplinary nature. 

66. Overview and scrutiny proceedings must not be used to question the capability or 

competence of officers. Chairmen and members need to make a distinction between 

reviewing the policies and performance of the Council and its services, and appraising 

the personal performance of staff. The latter is not an overview and scrutiny function. 

5.23


Members of other committees or sub-committees and officers 

67. The appropriate senior officers will offer to arrange regular informal meetings with 

chairmen, vice-chairmen, and spokesmen of committees and subcommittees. 

68. Senior officers (including the Monitoring Officer and the designated Finance Officer) 

have the right to present reports and give advice to committees and sub-committees. 

69. Members of a committee or sub-committee shall take decisions within the remit of that 

committee or sub-committee, and will not otherwise instruct officers to act. 

70. At some committee or sub-committee meetings, a resolution may be passed which 

authorises a named officer to take action between meetings in consultation with the 

chairman. In these circumstances it is the officer, not the chairman, who takes the 

action and is responsible for it. A chairman has no legal power to take decisions on 

behalf of a committee or sub-committee, neither should he/she apply inappropriate 

pressure on the officer. 

Party groups and officers (excluding political assistants) 

71. Senior officers may properly be asked to contribute to deliberations of matters 

concerning Council business by party groups. 

72. Officers have the right to refuse such requests, and will normally not attend a 

meeting of a party group where some of those attending are not members of the 

Council. 

73. Officer support will not extend beyond providing factual information or professional 

advice in relation to matters of Council business. Officers must not be involved in 

advising on matters of party business, and therefore should not be expected to be 

present at meetings or parts of meetings when such matters are to be discussed. 

74. Party group meetings are not empowered to make decisions on behalf of the Council, 

and conclusions reached at such meetings do not rank as formal decisions. The 

presence of an officer confers no formal status on such meetings in terms of Council 

business and must not be interpreted as doing so. 

75. Where officers provide factual information and advice to a party group in relation to a 

matter of Council business, this is not a substitute for providing all the necessary 

information and advice when the matter in question is formally considered by the 

relevant part of the Council. 

76. It must not be assumed that an officer is supportive of a particular policy or view 

considered at a party group meeting simply because he/she has attended or 

provided information to the meeting. 

77. Officers will respect the confidentiality of any party group discussions at which they 

are present and, unless requested to do so by that party group, will not relay the 

content of such discussions to another party group or to any other members. This 

shall not prevent an officer providing feedback to other senior officers on a need-toknow 

basis. 

78. In their dealings with party groups, officers must treat each group in a fair and evenhanded 

manner. 

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79. Members must not do anything which compromises or is likely to compromise officers' 

impartiality. 

80. The duration of an officer's attendance at a party group meeting will be at the 

discretion of the group, but an officer may leave at any time if he/she feels it is no 

longer appropriate to be there. 

81. An officer accepting an invitation to the meeting of one party group shall not decline 

an invitation to advise another group about the same matter. He/she must give 

substantially the same advice to each. 

82. An officer who is not a senior officer shall not be invited to attend a party group 

meeting, but a senior officer may nominate another officer to attend on his/her behalf. 

83. An officer should be given the opportunity of verifying comments and advice attributed 

to him/her in any written record of a party group meeting. 

84. No member will refer in public or at meetings of the Council to advice or information 

given by officers to a party group meeting. 

85. At party group meetings where some of those present are not members of the 

Council, care must be taken not to divulge confidential information relating to Council 

business. Persons who are not members are not bound by the members' code of 

conduct. They do not have the same rights to Council information as members. 

86. Any particular cases of difficulty or uncertainty in relation to this part of the protocol 

should be raised with the Chief Executive [or similar] and the relevant party group 

leader. 

Political assistants 

87. These officers were appointed by the Council exclusively to provide support to each of 

the party groups. Their function is to assist the interests and work of the group to 

which they have been assigned. This is in contrast to all other staff whose duty is to 

serve the Council as a whole. 

88. Political assistants will be treated in accordance with and expected to observe all 

codes, policies and practices relating to the Council's staff. This includes the courtesy 

and consideration, which the Council expects its officers to show to one another. 

89. Except for their immediate secretarial and clerical support, the assistants will have no 

line management responsibility or power of direction over other staff. 

90. Political assistants are not authorised to comment publicly on behalf of the Council as 

a whole, or to commit the Council to any particular course of action, but can comment 

on behalf of the party group to which they have been assigned. 

91. The level of access to Council documents and information shall be that enjoyed by 

members. 

Local members and officers 

92. To enable them to carry out their ward role effectively, members need to be fully 

informed about matters affecting their ward. Senior officers must ensure that all 

relevant staff are aware of the requirement to keep local members informed, thus 

5.25


allowing members to contribute to the decision making process and develop their 

representative role. 

93. This requirement is particularly important: 

• during the formative stages of policy development, where practicable, 

• in relation to significant or sensitive operational matters, 

• whenever any form of public consultation exercise is undertaken, and 

• during an overview and scrutiny investigation. 

94. Issues may affect a single ward. Where they have a wider impact, a number of local 

members will need to be kept informed. 

95. Whenever a public meeting is organised by the Council to consider a local issue, all 

the members representing the wards affected should be invited to attend the meeting 

as a matter of course. 

96. If a local member intends to arrange a public meeting on a matter concerning some 

aspect of the Council's work, he/she should inform the relevant officer. Provided the 

meeting has not been arranged on a party political basis: 

• an officer may attend but is not obliged to do so, and 

• the meeting may be held in Council-owned premises. 

97. No such meetings should be arranged or held in the immediate run-up to Council 

elections. 

98. Whilst support for members' ward work is legitimate, care should be taken if staff are 

asked to accompany members to ward surgeries. In such circumstances: 

• the surgeries must be open to the general public, and 

• officers should not be requested to accompany members to surgeries held in the 

offices or premises of political parties. 

99. Officers must never be asked to attend ward [division] or constituency political party 

meetings. 

100. It is acknowledged that some Council staff may receive and handle messages for 

members on topics unrelated to the Council. Whilst these will often concern diary 

management, care should be taken to avoid Council resources being used for private 

or party political purposes. 

101. In seeking to deal with constituents' queries or concerns, members should not seek to 

jump the queue but should respect the Council's procedures. Officers have many 

pressures on their time. They may not be able to carry out the work required by 

members in the requested timescale, and may need to seek instructions from their 

managers. 

Members' access to documents and information 

102. This part of the protocol should be read in conjunction with the Access to Information 

Rules in the Council's constitution. 

103. Members may request senior officers to provide them with such information, 

explanation and advice as they may reasonably need to assist them to discharge their 

5.26


roles as members. This may range from general information about some aspect of the 

Council's services to specific information on behalf of a constituent. Where 

information is requested on behalf of a third party, it will only be provided if: 

• it is in the public domain, and 

• it is not barred by the Data Protection Act from being given. 

104. Every member has a right to inspect documents about the business of that overview 

and scrutiny panel, other committee or subcommittee on which he/she sits. 

105. A member who is not a member of a specific overview and scrutiny panel, other 

committee or sub-committee, may have access to any document of that specific part 

of the Council provided: 

• he/she can demonstrate a reasonable need to see the documents in order to 

carry out his/her roles as a member (the "need to know" principle), and 

• the documents do not contain "confidential" or "exempt" information as 

defined by the law. 

106. Disputes as to the validity of a member's request to see a document on a need to 

know basis will be determined by the Monitoring Officer. Officers should seek his/her 

advice if in any doubt about the reasonableness of a member's request. 

107. A member should obtain advice from the Monitoring Officer in circumstances where 

he/she wishes to have access to documents or information: 

• where to do so is likely to be in breach of the Data Protection Act, or 

• where the subject matter is one in which he/she has a personal or prejudicial 

interest as defined in the members' code of conduct. 

108. Information given to a member must only be used for the purpose for which it was 

requested. 

109. It is an accepted convention that a member of one party group will not have a need to 

know and therefore a right to inspect a document, which forms part of the internal 

workings of another party group. 

110. Members and officers must not disclose information given to them in confidence 

without the consent of a person authorised to give it, or unless required by law to do 

so. 

111. When requested to do so, officers will keep confidential from other members advice 

requested by a member. 

112. Members and officers must not prevent another person from gaining access to 

information to which that person is entitled by law. 

Media relations 

113. All formal relations with the media must be conducted in accordance with the 

Council's agreed procedures and the law on local authority publicity. 

114. Press releases or statements made by officers must promote or give information on 

Council policy or services. They will be factual and consistent with Council policy. 

They cannot be used to promote a party group. 

5.27


115 Officers will keep relevant members informed of media interest in the Council's 

activities, especially regarding strategic or contentious matters. 

116. Before responding to enquiries from the media, officers shall ensure they are 

authorised to do so. 

117. Likewise, officers will inform the Council's press office [or similar] of issues likely to be 

of media interest, since that unit is often the media's first point of contact. 

118. If a member is contacted by, or contacts, the media on an issue, he/she should: 

• indicate in what capacity he/she is speaking (e.g. as ward [division] member, in a 

personal capacity, , on behalf of the Council, or on behalf of a party group); 

• be sure of what he/she wants to say or not to say; 

• if necessary, and always when he/she would like a press release to be issued, 

seek assistance from the Council's press office [or similar] and/or relevant senior 

officer, except in relation to a statement which is party political in nature; 

• consider the likely consequences for the Council of his/her statement (e.g. 

commitment to a particular course of action, image, allegations of jumping to 

conclusions); 

• never give a commitment in relation to matters which may be subject to claims 

from third parties and/or are likely to be an insurance matter; 

• consider whether to consult other relevant members; and 

• take particular care in what he/she says in the run-up to local or national 

elections to avoid giving the impression of electioneering, unless he/she has 

been contacted as an election candidate or political party activist. 

Correspondence 

119. Correspondence between an individual member and an officer should not be copied 

to another member unless the author expressly intends and states that this is the 

case or consents. Where correspondence is copied, this should always be made 

explicit, i.e. there should be no "blind" copies. 

120. Official letters written on behalf of the Council should normally be in the name of the 

relevant officer. It may be appropriate in some circumstances (e.g. representations to 

a Government Minister) for letters to appear in the name of the Leader or the 

chairman of an overview and scrutiny panel. 

121. The Leader may initiate correspondence in his/her own name. 

122. Letters which create legally enforceable obligations or which give instructions 

on behalf of the Council should never be sent in the name of a member. 

123. When writing in an individual capacity as a ward member, a member must make clear 

that fact. 

Access to premises 

124. Officers have the right to enter Council land and premises to carry out their work. 

Some officers have the legal power to enter property in the ownership of others. 

125. Members have a right of access to Council land and premises to fulfil their duties. 

126. When making visits as individual members, members should: 

5.28


• whenever practicable, notify and make advance arrangements with the 

appropriate manager or officer in charge; 

• comply with health and safety, security and other workplace rules; 

• not interfere with the services or activities being provided at the time of the visit; 

• if outside his/her own ward, notify the ward member(s) beforehand; and 

• take special care at schools and establishments serving vulnerable sections of 

society to avoid giving any impression of improper or inappropriate behaviour. 

Use of Council resources 

127. The Council provides all members with services such as typing, printing and 

photocopying, and goods such as stationery and computer equipment, to assist them 

in discharging their roles as members of the Council. These goods and services are 

paid for from the public purse. They should not be used for private purposes or in 

connection with party political or campaigning activities. 

128. Members should ensure they understand and comply with the Council's own rules 

about the use of such resources, particularly: 

• where facilities are provided in members' homes at the Council's expense; 

• in relation to any locally-agreed arrangements e.g. payment for private 

photocopying; and 

• regarding ICT security. 

129. Members should not put pressure on staff to provide resources or support which 

officers are not permitted to give. Examples are: 

• business which is solely to do with a political party; 

• work in connection with a ward or constituency party political meeting; 

• electioneering; 

• work associated with an event attended by a member in a capacity other 

than as a member of the Council; 

• private personal correspondence; 

• work in connection with another body or organisation where a member's 

involvement is other than as a member of the Council; and 

• support to a member in his/her capacity as a councillor of another local 

authority. 

Interpretation, complaints and allegations of breaches 

130. This part of the protocol should be read in conjunction with any "whistleblowing" policy 

the Council may have. 

131. Members or officers with questions about the implementation or interpretation of any 

part of this protocol should seek the guidance of the Monitoring Officer. 

132. A member who is unhappy about the actions taken by, or conduct of, an officer 

should: 

• avoid personal attacks on, or abuse of, the officer at all times, 

• ensure that any criticism is well founded and constructive, 

• never make a criticism in public, and 

5.29


133. Members should, where they consider it appropriate, take up the concern of the type 

referred to in 132 above with the officer privately If direct discussion with the officer is 

inappropriate (e.g. because of the seriousness of the concern) or fails to resolve the 

matter, the member should raise the issue with the officer's manager or the relevant 

senior officer. 

134. A serious breach of this protocol by an officer may lead to an investigation under the 

Council's disciplinary procedure. 

135. An officer who believes a member may have acted other than in accordance with this 

protocol should raise his/her concern with the Monitoring Officer. He/she will consider 

how the complaint or allegation should be dealt with. At a minor level, this may be no 

more than informally referring the matter to the leader of the relevant party group. 

More serious complaints may involve alleged breaches of the members' code of 

conduct, and may be referred to the Standards Board for England. 

5.30


WHISTLEBLOWING POLICY AND PROCEDURE 

(Public Interest Disclosure Act 1998) 

1. INTRODUCTION 

1.1 Corby Borough Council recognises that its staff are often in the best position to know 

when the interests of the public are being put at risk. It also recognises that staff can 

act as an early warning system on matters of health and safety or to help uncover fraud 

and mismanagement in their workplace. However, staff may feel reticent about 

disclosing information because they: 

a) Feel that they are being disloyal to their colleagues or the Council 

b) Fear reprisals through harassment or victimisation; or 

c) Are unsure of the way to proceed 

Whatever the reason, they may believe it is easier to ignore their concern which may be 

just a suspicion. 

1.2 The Public Interest Disclosure Act 1988 recognises staff concerns. It is designed to 

provide protection to employees when making public interest disclosures of information 

(either internally or externally) from detriment or dismissal. 

1.3 The Act and this policy covers all those working for Corby Borough Council including 

contractors working for the Council on Council premises, for example, agency staff. It 

also covers suppliers and those providing services under a contract with the Council on 

their own premises. 

1.4 The word whistleblowing in this policy refers to the disclosure internally or by 

employees or ex-employees. 

1.5 There are procedures in place to enable employees to lodge a grievance relating to 

their employment. This policy and procedure is intended to cover concerns that fall 

outside the scope of other procedures. 

2. POLICY STATEMENT 

2.1 Corby Borough Council is committed to ensuring that all its activities are conducted 

ethically, honestly and to the highest possible standard of openness and accountability 

so as to protect public safety and public money. In line with that commitment the 

Council expects its staff to voice their concerns about any Council activity over which 

they have concern. This must be actioned by staff without fear of reprisal. 

5.31


3. SCOPE OF THIS POLICY 

3.1 The Council has a range of policies and procedures in place for staff to lodge a 

grievance in relation to their employment. These include: 

• Code of Conduct for Employees\Protocols; 

• Code of Conduct for Members 

• Equal Opportunities Policy; 

• Disciplinary Procedure; 

• Grievance Procedure; 

• Policy and Procedure for dealing with Bullying and Harassment; and 

• Recruitment and Selection Policy and Procedures 

All staff are encouraged to use the provisions in these procedures where appropriate. 

3.2 However, there may be matters of a major concern or that fall outside of these other 

procedures that need to be handled in a different way. This policy document outlines 

how staff can proceed without fear of harassment, victimisation and subsequent 

discrimination or disadvantage. The policy aims to encourage staff to raise serious 

concerns within the Council first, rather than ignoring the problem or reporting the 

matter outside. 

Any serious concerns that a member of staff has about a Council activity or the conduct 

of any of its Officers or Members that he or she believes to be serious can be reported 

under the Whistleblowing Policy. The type of major concerns that are covered include: 

• Conduct which is an offence or a breach of the law; 

• A criminal offence that has been, is being or is likely to be committed; 

• Suspected fraudulent activity; 

• Health and safety risk to either employee or the public; 

• Damage to the environment 

• Showing undue favour over a contractual or employment matter; 

• A breach of Standing Orders or Financial Regulations; 

• A breach of a Code of Conduct; 

• A miscarriage of justice; 

• Maladministration, misconduct or malpractice; and 

• Deliberate concealment of any of the above 

This list is not exhaustive and the policy can cover any other unethical conduct. 

3.3 The overriding concern should be that it would be in the public interest for malpractice 

to be corrected and, if appropriate, sanctions applied. 

5.32


4. SAFEGUARDS 

4.1 Council responsibility 

4.1.1 The Council recognises that the decision to report a concern is difficult to 

make. However, if a member of staff believes it is the truth then they should 

have nothing to fear as they are fulfilling their duty to the Council and to those 

for whom they are providing a service 

4.1.2 When a concern is raised the Council will be as supportive as possible 

harassment or victimisation (including formal pressure) will not be tolerated. If 

as a result of raising a concern in good faith, a member of staff experiences 

any pressure, the Council will take action to protect them. 

4.1.3 All cases of suspected victimisation of staff who have raised a concern in good 

faith will be investigated under the Council's Bullying and Harassment Policy 

and Procedure. If victimisation is proved, the perpetrator will be considered 

guilty of a serious disciplinary offence and will be subject to appropriate 

disciplinary action in accordance with the Council's Disciplinary Procedure. 

4.1.4 All concerns raised will be treated with the strictest confidence and the Council 

will make every effort not to reveal the identity of the person (the 

Whistleblower) making the complaint. However, depending on the nature of 

the concern and the outcome of the resulting investigation, the Whistleblower 

may be required to come forward as a witness. 

4.2 Staff responsibility 

4.2.1 Staff should avoid raising their concerns anonymously. The Council attaches 

less weight to concerns that are expressed anonymously although they may 

still be considered. 

4.2.2 If an allegation is made in good faith but is not confirmed through investigation, 

no action will be taken against the Whistleblower and the designated Officer 

will ensure that he or she suffers no reprisals. However, if there is evidence 

that a malicious and false statement has been made, then disciplinary action 

may be taken against the person who has made the statement. 

4.2.3 Staff may be asked to make comment in an investigation or inquiry concerning 

a Whistleblowing complaint. The Council recognises this may be difficult, but 

expects its staff to co-operate. The Council will be as supportive as possible 

harrassment or victimisation (including formal pressure) will not be tolerated. If 

as a result of co-operating with an inquiry or investigation a member of staff 

experiences any pressure the Council will take action to protect them. 

4.3 The role of the Trade Union 

4.3.1 Corby Borough Council recognises employees may wish to seek advice and 

be represented by their Trade Union(s) Representatives or Officers when 

using the provisions of this policy, and acknowledges the role the Trade Union 

Representatives or Officers play in this area. 

5.33


4.3.2 Staff may prefer, in order to protect themselves or to maintain their anonymity, 

to invite their Trade Union or other representative to raise the matter on their 

behalf. The representative may be required to obtain additional information 

from staff so that a proper investigation can be undertaken. 

5. HOW TO RAISE A CONCERN 

5.1 It is essential that all allegations are heard by officers who are impartial and capable of 

taking an independent view on the concerns raised. Employees are encouraged to first 

raise their concerns with their manager (if appropriate) who will then be responsible for 

taking the matter forward to their Head of Service. If staff believe that the concern is of 

a serious enough nature or that management is involved, they, or their Trade Union 

Representative or Officer should approach one of the designated Officers directly. The 

Council has agreed for the following to act as designated Officers for independent 

consultation if staff believe that to be necessary. 


• Corporate Director (Operational Services) 


• Head of Legal & Democratic Services (Monitoring Officer) 

5.2 There are no restrictions on the representative or advisor which an employee can 

choose except that the representative may not be a current Elected Member of Corby 

Borough Council. 

5.3 Procedure Concerns should be raised in writing. You will need to set out the 

background and history of the concern giving names, dates and places where possible, 

and the reason why you are particularly concerned about the situation. If you do not 

feel able to put your concern in writing, you can telephone or meet a designated Officer. 

The designated Officer will make notes of any conversations with you so that, if 

required, a proper investigation can be undertaken. A copy of the notes will be 

supplied to you. 

5.4 Alternatively you can leave a message on the 24-hour audit services answerphone. 

This service is strictly confidential and you will not be asked to give your name if you do 

not want to. (This answerphone will be kept secure at all times). The telephone 

number is inserted at the end of this Policy. 

5.5 The earlier you express your concern, and the more details you have, the easier it will 

be to take action. 

5.6 At this stage, you are not expected to prove the allegation, but you will need to 

demonstrate to the person contacted that there are sufficient grounds for your concern. 

5.7 When raising any concerns, your rights under the Human Rights Act 1998 Article 8 

(right to private family life) will be maintained. 

5.8 Advice and guidance on how matters of concern may be pursued can be obtained from: 

• Your Line Manager 

• Human Resources 

• Audit Consortium 

• Monitoring Officer 

5.34


• Your Trade Union Representative or Officer 

6. INVESTIGATING THE CONCERN 

6.1 The Manager or designated Officer will then review the situation and decide upon the 

course of action following appropriate consultation. This decision, with reasons are to 

be formally recorded. All managers must report this matter to their Head of Service or 

the Monitoring Officer. If the allegations is a financial irregularity the matter must also 

be reported to the Corporate Director (Resources) and the Head of Financial Services. 

6.2 A decision will be made as to whether an investigation is appropriate or not and, if so, 

what form it should take. If the concern falls within the remit of the other Council 

procedures the matter will normally be referred for consideration under those 

procedures. 

6.3 In exceptional circumstances there may be very serious or complex concerns that 

require an inquiry. Corby Borough Council recognises the contribution the Trade 

Unions can make to an inquiry and will consult with the Unions about the scope, nature 

and recommendations of the inquiry. 

6.4 The Whistleblower will be informed within 10 working days and in writing 

acknowledging: 

• That the concern has been received; 

• How the matter will be dealt with; and 

• Whether initial enquiries have been made 

A copy of this correspondence is to be sent to the Monitoring Officer and the Chief 

Executive unless this might compromise any investigation. 

6.5 The person against whom the concern has been raised will be informed following the 

initial investigations if it is considered that there is an issue to be investigated further, 

subject to current personnel procedures. This person will be supported in an 

appropriate manner and will be informed of the progress of the investigation. The 

person against whom a concern has been raised is also entitled to Trade Union 

support, advice and representation. 

6.6 The confidentiality of any complaint will be respected upon notification to the person 

against whom the concern has been raised. 

6.7 Staff will be given an estimation of the time it will take to produce a final response. If 

this is more than 3 months, a monthly review of the time taken will be carried out. 

While every effort will be made to keep them informed of progress this will be subject to 

legal constraints on matters of confidentiality. 

6.8 The Whistleblower can withdraw from the process at any stage. If this occurs the 

Whistleblower must inform the person with whom the initial concern was raised and any 

investigating officer. Reasons for the withdrawal will be requested and Human 

Resources will be informed. 

7. HOW THE MATTER CAN BE TAKEN FURTHER 

7.1 This policy is intended to provide staff with a formal procedure to raise and address 

their concerns and to protect them if they do so. It is hoped that staff will be satisfied by 

the action the Council takes. If they are not satisfied with the outcome of the 

5.35


investigation or do not wish to report the matter internally, the Council recognises that 

staff have the right to make disclosures to prescribed persons as determined by the 

Government and other outside bodies. This list includes: 

• Recognised Trade Unions 

• Public Concern at Work 

• External Auditor 

• Local Government Ombudsman 

• Police 

• Relevant professional bodies or regulatory organisations 

• Relevant voluntary organisations 

• Consortium Audit 

• Solicitor 

7.2 If staff do decide to take the matter outside the Council, they must be careful not to 

disclose certain personal and other confidential information. It is strongly 

recommended that the advice of the Monitoring Officer, Head of Legal & Democratic 

Services or a Trade Union Representative or Officer be sought before taking this 

action. 

8. THE RESPONSIBLE OFFICER 

8.1 The Monitoring Officer has overall responsibility for the maintenance and operation of 

this policy as provided under Financial Rules. The Monitoring Officer maintains a 

record of concerns raised and outcomes (but in a form which does not endanger your 

confidentiality) and will report, as necessary, via the Audit & Governance Committee of 

the Authority. A copy of the record of concerns raised and outcomes, or a digest of it 

will be supplied to Trade Unions at regular intervals. 

8.2 Other useful contacts with respect to this policy are the Audit Consortium, the Human 

Resources Section and your Trade Union Representative or other representative. 

9. REVIEW 

9.1 This Policy and Procedure will be reviewed at intervals of not less than 2 years. 

AUDIT SERVICES ANSWERPHONE: 

TEL: 

5.36

Part Six – Members Allowance Scheme 

PART SIX 

ALLOWANCES 

6.1


CORBY BOROUGH COUNCIL 

REPORT OF THE INDEPENDENT PANEL ON MEMBERS’ ALLOWANCES 

Full Council Report 9 th March 2006 

Introduction. 

1. The Panel met on Tuesday 11 th October 2005 and 12 th December 2005 to 

consider the Council’s Member Allowances Scheme in the light of the recent 

publication of Guidance on Consolidated Regulations for Local Authority 

Allowances. The Panel were supplied with background information including 

details of other similar reviews which have been undertaken. The last 

independent review undertaken for Corby was in 2002. 

2. We were provided with published material from other councils, who are also 

operating a streamlined committee system, concerning remuneration of 

councillors. The Panel noted that currently the Council’s allowances were 

exceptionally low in comparison with other local authorities. The Leaders of the 

three political groups currently represented on the Council, together with the 

Council’s Chief Executive, attended for part of the meeting held on 12 th 

December 2005. All attendees were invited to submit comments/concerns to 

the Panel for consideration. 

3. The Independent Panel comprised: 

Don Latham, Private Local Government Consultant (Chairman) 

Mrs Hilary Buckingham JP 

Capt. D. L. Davidson MBE 

Paul Goult (Democratic Services Manager) and Mrs Pauline Brennan 

(Committee Administrator) supported the Panel throughout the review. We 

would like to record our thanks to them and to Simon Aley, the Council’s 

Monitoring Officer, who provided us with legal advice. Also we wish to thank Cllr 

P Fawcett, Cllr A Howard, Cllr C Stanbra & Mr C Mallender who attended the 

meeting on 12 th December 2005 to make representations to the Panel. 

Summary of findings. 

4. The Panel’s recommendations are as follows: 

• That the basic allowance be set at £4,160 per annum (currently 

£2,356.97). 

• That a revised and restricted range of special responsibility allowances 

(SRAs) be introduced from 1 st April 2006 as set out in paragraph 14. 

• That no allowance be paid to Vice- Chairs. 

• That the scheme be updated each year in line with the NJC staff pay 

award or any increase in the LGA daily rate. 

• That the caring allowance be improved to £5.80 per hour 

• That consideration is given to the introduction of a system of selfappraisal. 

6.2


• That members continue to be restricted to one SRA. 

• That pension provision is not introduced. 

• That the scheme of travel and subsistence (within Corby Borough) be 

terminated. 

• That the telephone allowance be terminated. 

• That no allowance be paid to co-opted members. 

• That no allowances be paid to suspended members. 

• That allowances be paid monthly through the payroll from 1 st April 2006. 

• That all ward surgery costs be met by members from their Basic 

Allowance. 

General Commentary and Findings. 

5. The Panel were made aware of the principles that are now regarded as 

foundational to a scheme of member allowance payments. Firstly as part of a 

package to improve the working of Councils e.g. streamlining the committee 

process. Secondly, to encourage a greater diversity in those standing for office 

thus achieving a better representation of the community. 

The allowances in Corby having historically been set at a very low level may be 

‘saving’ a small sum of money in the short term but the Panels view is that this 

may not be assisting the achievement of these bigger objectives. Our proposals 

will require an increase in the budget but will result in a simplified transparent 

scheme based on current best practice with consequent savings in costs of 

administration. The Panel recognise the need to monitor and evaluate the new 

scheme through the introduction of a self-appraisal process as part of member 

training. 

Basic allowance. 

6. It has been shown that on average backbenchers spend 57 hours per month on 

council business, but are compensated for only 38 hours suggesting that 33% of 

their time is given voluntarily. The time that other councillors with greater 

responsibility put in is considerably greater. (IDeA Review - Nov 2001). The 

Association of London Government report also proposes that there should be a 

significant voluntary element (say 20 hours a month) and that ‘a remuneration 

scheme should seek to reflect no more than 40 hours effective work per month.’ 

The Panel having considered the options decided to adopt the same principles. 

7. Many Councils use the Local Government Association’s daily rate (currently 

£130), as the basis of calculation. This is based on the median male white-collar 

wage divided by 250. After deliberation, the Panel felt that it would be 

appropriate for Corby Borough Council to base its allowance scheme on the LGA 

rate (£130). We have assumed a minimum of 48 days a year and have 

discounted a third to be voluntary. The calculation is as follows:- 

£ 130 x 32 (48 days - 16 voluntary) = £4,160 

6.3


8. Allowances are subject to income tax. However, as the basic allowance is 

intended to recognise the time devoted by councillors to their work, some 

incidental costs (e.g. use of their homes and private telephone) may be deducted 

from the allowance received in calculating how much of the allowance is taxable. 

This would be subject to agreement of the Inland Revenue. Expenses can be 

offset against tax liability if it can be shown they have been wholly, exclusively, 

and necessarily, incurred in the performance of duties. (Members may well 

require advice & guidance with making such claims). 

Special Responsibility Allowances. 

9. The most important first step is setting the allowance for the Leader. Although 

not requiring professional qualifications the range of skills required is 

considerable and we have proposed an allowance equivalent to 3.0 times the 

basic allowance (£12,480). In making this recommendation the Panel have 

taken into account the role undertaken by the present leader and that it is 

common practice to set the Leaders allowance for larger authorities at three 

times the basic. (Band 3) We propose an allowance of £6,240 (1.5 basic) for the 

Deputy Leader. (Band 2B) 

10. The Panel is recommending that the five Lead Members on the One Corby 

Policy Committee should have an SRA equal to 25% basic i.e. £1,040, in 

recognition that they liase regularly with staff within their respective areas of 

interest to ensure Council policy is being implemented, monitor delivery of 

services and raise concerns to staff from other councillors. Whilst they cannot 

make individual decisions we see their role as vitally important to improved 

communication and improved implementation of Council policy. (Band 1) 

11. The Panel is recommending that Committee and Panel Chairs be paid an SRA 

equal to 50% Basic allowance i.e. £2,080. (Band 2A) 

12. The Panel is recommending that the Leader of the main opposition group be 

paid an SRA equal to 50% Basic Allowance i.e. £2,080. (Band 2A) It is a 

minimum requirement of the scheme that at least one opposition member 

should receive an SRA. The Panel make no recommendation other than that 

this should be reconsidered following the next elections. 

13. The Panel do not recommend that SRAs be paid to Vice Chairs. The 

Regulations emphasise that payments should only be made to a minority of 

councillors who undertake ‘significant additional responsibilities’. The Panel 

were informed that for this reason it was, in the experience of the Chairman, 

uncommon for Panels to recommend such payments. The Panel were made 

aware of the challenge that had been made previously to such payments and 

the response of the District Auditor. We were aware of the legal arguments but 

our decision is based solely on the merits of the case and the principle of 

keeping SRA payments to the minimum in line with best practice. 

14. We considered payments to co-opted members and in particular a possible 

payment to the Chairman of the Standards Committee. We do not consider that 

it would be appropriate to introduce such payments at this time. 

6.4


15. Our recommendations would allow for a maximum of 15 SRAs. Although this 

represents a potential of 51% of the Council we recognise it is unlikely all 15 

would be claimed in any one year (due to the one SRA/Member rule). We 

strongly recommend that this should be the extent of the list. The allowances for 

the proposed bands would be :- 

Basic Allowance £4,160 

Band 1 £5,200 (£4,160 basic plus £1,040) 

Band 2A £6,240 (£4,160 basic plus £2,080) 

Band 2B £6,240 (£4,160 basic plus £2,080) 



BANDING POSITION AMOUNT/POST OPTIMUM NO. of 

RECEPIENTS 

TOTAL MAX COST 

2006/2007 

BASIC All Elected 

£4,160.00 29 120,640 

Members 

SUB-TOTAL £120,640.00 

SPECIAL RESPONSIBILITY ALLOWANCE (SRA) in addition to Basic Allowance 

(only one SRA maximum per individual) 

B1 Lead Members £1,040.00 5 £5,200.00 

B2A Chairs of full 

£2,080.00 7 £14,560.00 

Committees & 

Panels 

B2B Leader of the main £2,080.00 1 £2,080.00 

Opposition Group 

B3 Deputy Leader £6,240.00 1 £6,240.00 

B4 Leader £12,480.00 1 £12,480.00 

TOTAL £40,560.00 

TOTAL £161,200.00 

16 The Panel recommends that individual councillors should continue to be 

restricted to claiming only one Special Responsibility allowance. Under our 

proposed scheme the budget requirement would increase from £100,180 to 

£161,200 in a full year. These figures do not include the carer’s allowance. It 

is noted that no claim for carer’s allowance has been made under the 

current scheme. Budgetary provision for carer’s would need to be reviewed 

on an annual basis. 

6.5


Updating. 

17 Previously the allowances have been updated in line with the annual NJC 

pay award. Given that the Panel are linking their recommendations to the 

LGA daily rate the Council may wish to consider linking any future annual 

increases to the LGA rate. This can be done without any requirement for the 

panel to meet. The Council should thereafter increase the allowances by the 

agreed NJC staff pay award each year or by the LGA daily rate increase. 

Pensions. 

18 The Panel considered whether Councillors should be recommended for 

eligibility to join the Local Government Pension Scheme and if Basic and/ or 

Special Responsibility should be treated as amounts in respect of which 

pensions were payable. The views of the Panel were that it was not 

appropriate to introduce the pension provision at this time as it was felt that 

the overall package of allowances was sufficient and that the addition of a 

small pension at quite considerable cost to the Council and taxpayers would 

not particularly encourage younger people to stand for Councillor. 

Travel and subsistence. 

19 We recommend as part of our proposals to streamline the administration of 

the scheme that travel and subsistence should no longer be paid for duties 

undertaken within the Borough. Where it is necessary to travel outside the 

Borough on ‘approved’ Council duties any travel and subsistence could 

continue to be claimed under the existing scheme of allowances. 

Telephone Allowance 

20 The Panel considered that the telephone allowance should now be 

incorporated within the basic allowance and that separate payments by the 

Council be terminated. 

Caring Allowance. 

21 The Panel considers that the careers’ allowance should continue although to 

date we understand has not been claimed. This is in accord with ‘best 

practice’ and provides practical evidence that the Council does not wish to 

preclude anyone from membership. The Panel recommend that the 

allowance be increased to an hourly rate equal to the minimum wage – 

currently £ 5.80 per hour. The Panel briefly considered whether to place a 

ceiling on the total amount claimed on an annual basis under this allowance, 

however, felt it was inappropriate to do so at this time. 

Support services for Members 

22 Although not a major main topic for our review we were conscious of the 

needs of members to have appropriate training and other support services 

6.6


such as computing e.g. the provision of lap top computers. We were made 

aware of what the Council had achieved to date and recommend that 

members continue to seek to work in a way that is most cost effective for the 

Council. 

Our proposed increase in allowances assume that members will fully 

participate in training events and that as part of member development we 

recommend that consideration be given urgently to the introduction of some 

form of self appraisal. 

Renunciation. 

23 The Panel noted that a councillor may, by notice in writing, elect to forgo any 

part of his/her entitlement to an allowance. Allowances paid, or available to 

councillors on income related benefits are offset against benefits received. 

Suspension. 

24 The Panel was informed that under the new legislation members who had 

been suspended could have allowances withheld during that suspension. 

The Panel agreed that no allowances be paid to any member who has been 

suspended and any allowance paid be reimbursed. This should be built into 

the Council’s scheme. 

Administration. 

25 It is normal practice for members to hold ward surgeries but in future we 

recommend that, in line with accepted practice, all such costs should be met 

by members from their basic allowance. The costs associated with the 

weekly Council Surgery would continue to be met by the Council. 

It has been recognised nationally as best practice for allowances to be paid 

monthly through the payroll and we strongly recommend that this should 

operate in Corby from 1 st April 2006. 

Conclusion. 

26 Our proposals represent an increase in the basic allowance of 76% and 

therefore the SRAs have increased as a consequence of the multiplier effect. 

The Association of London Government (ALG) report stated that to have 

more than one third of members with a SRA would be top heavy. We have 

recommended a maximum of fifteen. We note that in any given year it is 

unlikely that all 15 SRAs would be claimed. We have also made proposals 

that will streamline the administration of the scheme and reduce costs. 

27 We hope that the Council will recognise that our proposals as a package, 

although still leaving the Council in the lower quartile of local authorities for 

allowances paid to Members, can make an essential contribution to 

achieving the objectives of the Council. 

6.7


APPENDIX A 

List of Special Responsibility Allowances (SRA) Proposed 

i) Leader of the Council 

ii) Deputy Leader of the Council 

iii) Chair of One Corby Policy Committee 

iv) Chair of Local Plan Committee 

v) Chair of Parkland Gateway Committee 

vi) Chair of Overview & Scrutiny Panel 

vii) Chair of Democracy & Governance Panel 

viii) Chair of Development Control Committee 

ix) Chair of Licensing & Regulation Committee 

x) Leader of the main Opposition Group 

xi) Lead Member for Leadership 

xii) Lead Member for Community 

xiii) Lead Member for Regeneration 

xiv) Lead Member for Environment 

xv) Lead Member for Housing 

6.8

Part Seven – Management Structure 

PART SEVEN 

MANAGEMENT STRUCTURE 

7.1


MANAGEMENT STRUCTURE 

The current management structure of the Council has recently been reviewed. Below are 

details of the new structure. 

CORE MANAGEMENT TEAM 

Chief Executive – Mr Chris Mallender 

Corporate Director (Resources) – Mr Paul Hymers 

Corporate Director (Operational Services) – Mr Norman Stronach 

Contact Address for Core Management Team: 


Grosvenor House 

George Street 

Corby. 

Northamptonshire NN17 1QB 

HEADS OF SERVICE 

Financial Services – Mr Adrian Sibley 

Regeneration & Growth – Mrs Rebecca Yee 

Environmental Quality – Mr Iain Smith 

Customer First – Tim Marren 

Neighbourhood Pride – Mrs Angela Warburton 

Special Projects – Mr Peter Griggs 

Culture & Leisure – Mr Chris Stephenson 

Legal & Democratic Services – Mr Simon Aley 

Assistant Chief Executive – postholder seconded 

• The designated “Head of Paid Service” is the Chief Executive. 

• The designated “Chief Finance Officer” is the Corporate Director (Resources). 

• The designated “Monitoring Officer” is the Head of Legal & Democratic Services. 

7.2


Head of Service 

Position 

Head of Financial Services 

Mr Adrian Sibley 

(Deene House) 

Head of Legal & 

Democratic Services 

Mr Simon Aley 

(Grosvenor House) 

Head of Special Projects 

Mr Peter Griggs 

(c/o Grosvenor House) 

Head of Customer First 

Mr Tim Marren 


Head of Neighbourhood 

Pride 

Mrs Angela Warburton 

(Deene House) 

Head of Culture & Leisure 

Mr Chris Stephenson 


Head of Environmental 

Quality 

Mr Iain Smith 

(Deene House) 

Head of Growth & 

Regeneration 

Mrs Rebecca Yee 


Main Area(s) of Responsibility 

• Accountancy 

• Revenues and Benefits 

• Taxation and Risk 

• Northamptonshire Audit Consortium 

• Legal Services 

• Land Charges 

• Asset Management (including Estates) 

• Democratic Services 

• New Swimming Pool Project 

• New Civic Hub Project 

• Parklands Gateway Project 

• One Stop Shop 

• Corporate Enterprise Team 

• ICT Services 

• Housing Needs and Allocations 

• Housing Teams (Private & Public Sector) 

• Central Management 

• Property Improvement Teams 

• Repairs Team 

• Community Regeneration 

• Community Safety 

• CCTV 

• Health Improvement 

• Leisure Facilities 

• SRB (Single Regeneration Budget) 

• Environmental Care (including Refuse 

Collection, Grounds Maintenance and 

Environmental Cleansing) 

• Environmental Health 

• Engineering & Technical Services 

• Health and Safety 

• Garage Services 

• Economic Regeneration 

• Building Control 

• Development Control 

• Local Plan 

7.3


Contact Address: 

CBC GROSVENOR HOUSE, George Street, Corby. 

Northamptonshire NN17 1QB 

CBC DEENE HOUSE, New Post Office Square, Corby. 

Northamptonshire. 

7.4

Part Eight – Constitutional Amendments 

PART EIGHT 

CONSTITUTIONAL AMENDMENTS 

8.1


This part of the Constiution details the significant amendments made to the 

document since its adoption by Full Council on 13 th September 2001. 

8.2


Full Council 

Summary of individual reports to Full Council on Constitutional issues:- 

18 th October 2001 

1. Constitution – Additional Items 

i) Article 16 – Electronic Government 

ii) FORTAC 

iii) Chairs and Vice Chairs 

iv) “Whistleblowing” Procedure 

v) Housing Needs Forum 

21 st May 2002 

1. Constitutional Amendments 

i) Co-opted Members 

ii) Ex-officio status 

iii) Financial Rules & Scheme of Financial Delegation 

iv) Vice-Chair(s) of Community Committee 

v) Overview and Scrutiny Panels – frequency of meetings 

vi) The Corby Debate 

8 th August 2002 

1. Members Allowances – Report of Panel 


1. Contract Standing Orders and Mandatory Procurement of Practice 

21 st November 2002 

1. Local Plan Committee – establishment of. 

20 th February 2003 

1. Rural Area Forum 

2. Joint Consultative Committee 


1. Safety Committee – Terms of Reference 


1. Committee/Panel Timetable 

8.3


Democracy and Governance Panel 

Summary of discussions on Constitutional Issues: 

30 April 2002 

1. Review of Constitution 

i) Co-opted members 

ii) Ex-Officio Status 

iii) Financial Rules & Scheme of Financial Delegation 

iv) Vice-Chair(s) of Community Committee 

v) Overview & Scrutiny Panels – frequency of meetings 

vi) Complaints Procedure and handling 

vii) The Corby Debate 

3 September 2002 

1. Complaints Procedure 

6 February 2003 

1. JCC Terms of Reference 

2. Rural Area Forum 

3. Ex-Officio Status 

4. The Corby Debate 

18 March 2003 

1. Licensing & Regulation Committee 

29 July 2003 

1. Whistleblowing Policy 

2. Co-Opted Members & Declarations of Interest 

20 th January 2004 

1. Overview & Scrutiny Procedure Rules 

16 th March 2004 

1. Officer Scheme of Delegation – Head of Street Scene, Environment & 

Technical 

23 rd June 2004 

1. Employees Code of Conduct 

8.4


Resources and Regeneration Committee 

Summary of discussion on Constitutional Issues: 


1. Change to Scheme of Delegation for Development Control 

8.5


Standards Committee 

Summary of discussions on Constitutional Issues: 


1. Ex-officio status 

8.6

CONSTITUTION OF CORBY BOROUGH COUNCIL

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