constitution - appendix 5 - North Devon District Council

NDDC CONSTITUTION(i) Those functions relating to licensing and regulatory powers of theCouncil delegated to Officers are set out in the Council’s Schemeof Delegations in Part 3 of this Constitution.(ii) Any functions relating to licensing and regulatory powers of theCouncil delegated to Licensing Sub-Committees may not befurther delegated to an Officer or any other body by such Sub-Committees.3. PERSONNEL COMMITTEE(a)The role of the Personnel Committee will be:(i) To consider and make recommendations to the Council in respectof:(1) the exercise of the powers and duties of the Council under theNational Scheme of Conditions of Service.(2) the discharge of those matters set out in Part H (Functionsrelating to Pensions etc) of Schedule 1 to the Local Authorities(Functions and Responsibilities) (England) Regulations 2000(as amended).(ii) To approve policies and procedures relating to the recruitmentand retention of staff.(iii) To discharge those matters set out in paragraph 37 of Part I(power to appoint staff and determine the terms and conditionsupon which they hold office, including procedures for theirdismissal) of Schedule 1 of the Local Authorities (Functions andResponsibilities) (England) Regulations 2000 (as amended)EXCEPT insofar as those matters may affect the Council’s budgetwhen the Personnel Committee may only consider and makerecommendations to the Council or EXCEPT insofar as theseresponsibilities are delegated to the Chief Executive (unless theChief Executive chooses to specifically pass his responsibilities tothe Personnel Committee).(iv) To consider and determine any matter that the Chief Executive orthe Human Resources Manager at their absolute discretion decideto refer to it for a determination, being a matter that such anOfficer could determine themselves in exercise of a powerdelegated to them (from time to time).(v) (A) Subject to sub-paragraph 3 (v) (B) below, to hear,consider and determine:(a) any grievance and / or harassment matterrelating to or by the Chief Executive;(b) any disciplinary matter relating to Chief Executive,Monitoring Officer or Chief Finance Officer or anyother Officer exercising the role of MonitoringOfficer or Chief Finance Officer where theAMENDED ON 19 TH JANUARY 20103 RD APRIL 200259Ref:T:\Committee\bev\constitution\current version\constitution - appendix 5.doc

NDDC CONSTITUTIONdisciplinary action relates to their performance ofsuch a role;(c) any disciplinary matter relating to any officer in apost superior to a Business Unit Manager (otherthan those officers set out or referred to in (B)above); and(d) any appeal in relation to a decision resulting froma grievance, harassment or disciplinary matterpreviously determined by the Chief Executive;including in all cases, power subject to sub-paragraph 3(v) (B) below, to authorise such action as is deemedappropriate in relation to any determination that is made(whether formal or informal) including the power tosuspend and / or dismiss an Officer;(B) (a) Where a determination is being given in relationto a disciplinary matter pursuant to subparagraph3 (v) (A) (b), (c) or (d) above, then theCommittee or Sub-Committee (as the case maybe) determining the same cannot make such adetermination unless it includes of at least oneExecutive Member.(b) Where a determination is being given in relation toa disciplinary matter pursuant to sub-paragraph 3(v) (A) (b) above then the Committee or Sub-Committee (as the case may be) determining thesame shall only make determinations and / orauthorise the taking of appropriate action thataccord with Standing Order 34.(vi) To recruit, select and appoint any officer in a post superior toBusiness Unit Manager other than the Chief Executive, MonitoringOfficer or Chief Finance Officer provided that the Committee orSub-Committee (as the case may be) can only make such anappointment if it includes at least one Executive Member.(Recruitment and selection of the Chief Executive, MonitoringOfficer or Chief Finance Officer shall not be the responsibility ofthe Personnel Committee).(vii)To establish regular methods of communication, consultation andnegotiations between the Local Authority and its officers toconsider broad issues relating to the Council’s employmentpolicies in order to prevent differences arising betweenmanagement and staff and to negotiate upon them should theyarise.(b)Staff Consultation Panel Sub-Committee (established by thePersonnel Committee)Powers and duties of the Sub-Committee were determined by thePersonnel Committee and are detailed in paragraph 4 below.AMENDED ON 29 TH JUNE 20043 RD APRIL 200260Ref:T:\Committee\bev\constitution\current version\constitution - appendix 5.doc

NDDC CONSTITUTION(iv)(v)(vi)(vii)To consider a report from internal audit on agreedrecommendations not implemented within a reasonabletimescale.To consider the external auditor's annual letter, relevantreports, and the report to those charged with governance.To consider specific reports as agreed with the externalauditor.To comment on the scope and depth of external audit workand to ensure it gives value for money.(viii) To liaise with the Audit Commission over the appointment ofthe Council's external auditor.(ix)To commission work from internal and external audit.Risk Management(i)(ii)(iii)(iv)(v)To make recommendations as appropriate to the StandardsCommittee in respect of contract procedure rules, and financialregulations.To monitor the effective development and operation of riskmanagement and corporate governance in the Council.To oversee the production of the Council's Statement onInternal Control and to recommend its adoption by Council.To consider the Council's arrangements for corporategovernance and agreeing necessary actions to ensurecompliance with best practice.To consider the Council's compliance with its own and otherpublished standards and controls.Accounts(i)(ii)To review the annual statement of accounts. Specifically, toconsider whether appropriate accounting policies have beenfollowed and whether there are concerns arising from thefinancial statements or from the audit that need to be broughtto the attention of the Council.To consider the external auditor's report to those charged withgovernance on issues arising from the audit of the accounts.6. ILFRACOMBE HARBOUR COMMITTEE (to be known as theAMENDED ON 22 ND NOVEMBER 2006Ilfracombe Harbour Board)3 RD APRIL 200263Ref:T:\Committee\bev\constitution\current version\constitution - appendix 5.doc

NDDC CONSTITUTION(a)(b)(c)(d)(e)(f)(g)(h)(i)To exercise the functions of the Harbour in accordance with allrelevant legislation, regulations, Harbour Orders and bye-laws.To discharge the functions of the Harbour within the overall policiesset by Council and within the financial estimates set by Council.To prepare a Port Safety Plan for consideration of Council andthereafter keep the same under review and from time to time asnecessary make recommendations to Council for its amendment.To prepare annual estimates for the management of the Harbour forconsideration and approval by Council.To properly discharge the duties and powers of a competent HarboursAuthority relating to marine safety and to facilitate the safe use of theHarbour by vessels including the direction of shipping and theregulation of safety in the Harbour, the maintenance of aids tonavigation and the safe use of all harbour lands, and the preventionof pollution and nature conservation.To prepare a long-term development plan for the Harbour includingfeasibility, costings and funding availability for consideration andapproval by Council.To have due regard to the needs and changing needs of the marinesector and other users and stakeholders.To establish and maintain an Ilfracombe Harbour Consultative Groupto establish strong links with users, stakeholders and the community.To have due regard to the interests of the local community in therunning of the harbour and in particular recognising the contributionthe harbour makes to the economic wellbeing of the District.AMENDED ON 29 TH AUGUST 20073 RD APRIL 200264Ref:T:\Committee\bev\constitution\current version\constitution - appendix 5.doc