COApp NAC 220518 Scheme of Delegation to Officers (Combined)
North Ayrshire Council · 18 May 2022
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NORTH AYRSHIRE COUNCIL 18 May 2022 North Ayrshire Council Title: Scheme of Delegation to Officers Purpose: To approve the Scheme of Delegation to Officers, one of the key governance documents regulating the operation of the Council, its Committees and Officers and to note the appointment of Statutory officers. Recommendation: That the Council agrees: (a) to approve, with immediate effect, the Scheme of Delegation to Officers, attached at Appendix 1; and (b) to note the appointments made to the Statutory posts. 1. Executive Summary 1.1 This report seeks approval by Council of the Scheme of Delegation to Officers which regulate the operation of the Council, its Committees and Officers and invites the Council to note the appointments made to Statutory posts. 2. Background 2.1 Audit Scotland in their report “Roles and working Relationships – Are you Getting it Right?” stressed the importance of having governance arrangements that are fit for purpose and up-to-date. They note that such documents are critical in clarifying roles, responsibilities and expected behaviour and should be reviewed regularly. Good governance arrangements lead to sound decision-making. While the key governance documents detailed in Section 1.1 were all fully reviewed in the lifetime of the previous Council, the opportunity has been taken to bring them up to date. Scheme of Delegation to Officers 2.2 As powers are given directly to the Council, in turn it needs to decide which powers it will exercise through its committees, and which powers it will delegate to Officers. Officers can only exercise the powers which the Council gives them. The Scheme of Delegation to Officers lists the functions delegated to individual Directors/Executive Directors, the Head of Democratic Services, the Head of Finance and the Head of People and ICT Services. In turn, those officers can delegate these functions to other officers within their Services.
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2.3 As previously, the Scheme of Delegation to Officers provides that any functions which are not otherwise reserved to Council or committee, will be dealt with by Officers. It also retains the core provision that delegated powers should not be exercised by Officers where any decision would represent a departure from Council policy or procedure or would be contrary to a standing instruction of Council (or committee), or would itself represent a significant development of policy or procedure. The only exception to this is in the case of urgency, where the Officer may, after consultation with the relevant Cabinet Member or Chair of the appropriate committee, exercise delegated powers. Should such powers be exercise in urgent circumstances, a report will be submitted to the next appropriate committee for noting. 2.4 As recommended by Audit Scotland, the Scheme of Delegation also details the remit of the four Statutory Officers of the Council. These posts, and the officers appointed to them, are: • The Head of Paid Service – Craig Hatton, Chief Executive • The Monitoring Officer – Aileen Craig, Head of Democratic Services • The Proper Officer for Financial Arrangements (Chief Financial or Section 95 Officer) – Mark Boyd, Head of Finance; and • The Chief Social Work Officer – Scott Hunter 2.5 The main revisals which have been made to the previous Scheme of Delegation to Officers are: • Head of Service (Democratic) – inclusion of provision to introduce and implement the forthcoming licensing system for short–term lets. • Reference to the post of Head of Service (Recovery and Renewal) and associated authority has been removed following deletion of the post. • Head of Service (Finance) - the functions previously undertaken by the Head of Service (Recovery and Renewal) have been remitted to the Head of Service (Finance). • Executive Director (Communities and Education). o Education - The previous Scheme delegated exercise of general statutory powers in relation to provision of education by way of general reference. The current proposals expand on the general statutory references by including more detail on some of the specific powers being exercised. o Communities – Standard functions exercised through general delegated authority have been listed for clarification including specific reference to participatory democracy, tackling child poverty, developing and supporting community and locality hubs, the North Ayrshire Food System and developing a whole systems approach to inclusion and working with care experienced children, young people and their families. • Executive Director (Place) - general repositioning of powers to reflect the new structure within the Directorate. Some standard functions exercised through general delegated authority have been listed for clarification. • General rewording, updating of statutory references, formatting of the document and positioning of delegated authority remits within Directorates and Services.
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3. Proposals 3.1 Council is invited: (a) to approve, with immediate effect, the Scheme of Delegation to Officers, attached at Appendix 1; and (b) to note the appointments made to the Statutory posts. 4. Implications/Socio-economic Duty Financial 4.1 Approval of the key governance documents is an essential component of the Council’s financial governance arrangements. Human Resources 4.2 None arising from the recommendations of this report. Legal 4.3 Approval of the key governance documents in an essential component of the Council’s legal and administrative arrangements. Equality/Socio-economic 4.4 None arising from the recommendations of this report. Climate Change and Carbon 4.5 None arising from the recommendations of this report. Key Priorities 4.6 Clear, transparent governance arrangements promote good decision making. In turn, this supports the achievement of the Council’s key priorities. Community Wealth Building 4.7 None arising from the recommendations of this report. 5. Consultation 5.1 Executive Directors and relevant Officers have been consulted as required.
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Craig Hatton Chief Executive For further information please contact Aileen Craig, Head of Democratic Services, on 01294 324125. Background Papers None
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Scheme of Delegation to Officers Published by Committee Services North Ayrshire Council Cunninghame House, Irvine KA12 8EE Classification: Public Appendix 1
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Contents Section Page 1 Introduction 1 2 Core Principles 2 3 Delegations to Officers – General Provisions 7 4 Chief Executive 10 5 Head of Service (Democratic Services) 13 6 Head of Service (Finance) 25 7 Head of Service (People and ICT) 29 8 Executive Director (Communities and Education) 32 9 Director (Health and Social Care Partnership) and Chief Social Work Officer 41 10 Executive Director (Place) 50 11 Director of Growth and Investment 80 12 Duties of Statutory Officer 81 A - Head of Paid Service 81 B - Monitoring Officer 82 C - Proper Officer for Financial Arrangements 84 D - Chief Social Work Officer 85
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1 Section 1 – Introduction This Scheme of Delegation was approved by North Ayrshire Council on 16 December 2020 and took effect on 1 January 2021 in terms of section 56 of the Local Government (Scotland) Act 1973 and to meet the requirements of Section 50G (2) of the Local Government (Scotland) Act 1973. The scheme contains details of those functions both statutory and non- statutory which the Council has chosen to delegate to Officers. This Scheme of Delegation needs to be read and used alongside the Council’s Standing Orders relating to Contracts, Financial Regulations, Scheme of Administration, and Standing Orders relating to Meetings which together make up the wider framework of governance within the Council. North Ayrshire Council’s Code of Governance is based upon the principles of: • Openness; • Accountability; • Responsiveness; • Democracy. The Scheme of Delegation contributes to the Code of Governance and these fundamental principles by defining a route for certain decisions enabling the Council to be: • Speedy and responsive in taking decisions; • Efficient – by freeing the formal decision-making structures of the Council to focus on key strategic decisions which have to be taken under full public scrutiny; and • Accountable – by holding appropriate employees fully accountable for the operational decisions they take to ensure the smooth running of the Council.
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2 Section 2 – Core Principles The Council has determined that all powers which are not specifically reserved to Council, Committee, Sub-Committee, Joint Boards or the Integration Joint Board are delegated to Officers. The matters reserved to Council or Committees are mainly the strategic policy or regulatory issues, while the day to day operational matters of running the Council’s services are delegated to Officers. Every attempt has been made to list the specific powers which are available to Officers. However, if a specific power is not mentioned in this Scheme of Delegation, it does not necessarily mean that Officers cannot exercise that power. Unless it has been specifically reserved to Council or Committee, the power will still be delegated to Officers. The powers reserved by Council are detailed in this section. In case of doubt the Chief Executive has power to determine the Officer to whom the power is delegated. 2.1 Delegations to Officers The undernoted powers are delegated to Officers of the Council: - i) The Chief Executive or appropriate Chief Officer will have delegated responsibility for all matters in respect of the operation, development and implementation of policy for the service area assigned to them unless specifically reserved to the Council or other Committees or contrary to the principles listed in 2.2 and 2.3 below, together with such Statutory Duties as may have been specifically and personally assigned to them. ii) The Chief Executive and/or the appropriate Chief Officer will be responsible for the appointment of all posts below the level of Chief Officer. iii) Such delegations are at all times to be exercised in accordance with the relevant law, and the Council’s Standing Orders relating to Contracts, Financial Regulations, Scheme of Administration and Standing Orders relating to Meetings and other relevant policies and procedures. iv) Where clarification is required, the Chief Executive will determine which matters are operational or otherwise. 2.2 Powers Reserved to Council General Issues Delegated powers should not be exercised by Officers where any decision would represent a departure from Council policy or procedure or would be contrary to a standing instruction of Council (or Committee) or would itself represent a significant development from policy or procedure. The only exception to this is in the case of urgency where the Officer may, after consultation with the Chief Executive, Leader, and relevant Cabinet Portfolio Holder or Convenor of the appropriate Committee, exercise delegated powers. Should such powers be exercised in urgent circumstances, a report will be submitted to the next appropriate Committee for noting.
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3 Specific powers reserved for Council or Committee 2.2.1 The powers which are reserved to the Council or its Committees are a mixture of those which must, in terms of statute, be reserved, and those which the Council has, itself, chosen to reserve. Powers which are not reserved are delegated, in accordance with the provisions of this Scheme. 2.2.2 The following is a comprehensive list of what is reserved to the Council or Committee, categorised as statutory and non-statutory: - Statutory Reservations (a) To change the name of the Council in terms of Section 23 of the Local Government (Scotland) Act 1973. (b) To appoint the Convener and Depute Convener of the Council and to decide on their titles, in terms of Section 4 of the Local Government etc. (Scotland) Act 1994. (c) To appoint Committees in terms of Section 57 of the Local Government (Scotland) Act 1973. (d) To promote and oppose private legislation in terms of Section 82 of the Local Government (Scotland) Act 1973. (e) To set Council Tax in terms of Section 56(6) of the Local Government (Scotland) Act 1973. (f) To receive the certified abstract of the Council's annual accounts, in terms of the Local Authority Accounts (Scotland) Amendment Regulations 1988 and 1997 (g) The authority’s functions with respect to the borrowing of money. (h) To consider reports by the Head of Paid Service made under Section 4 of the Local Government and Housing Act 1989. (i) To consider reports by the Monitoring Officer under Section 5 of the Local Government and Housing Act 1989. (j) To decide whether or not to divide the Council's area into licensing divisions and to appoint members to the Licensing Board and Local Licensing Forum in terms of the Licensing (Scotland) Act 2005. (k) Approval of the Annual Treasury and Investment Strategy relating to the borrowing of money by the Council and treasury management. (l) The approval of reasons for the non-attendance of Members at meetings in accordance with Section 35 of the Local Government (Scotland) Act 1973. (m) The approval of the Scheme of Member’s Allowances and consideration of the entitlement of Members to such allowances. Such allowances will be paid in line with the Local Government (Scotland) Act 2004 (Remuneration) Regulations 2007 and the Local Government (Allowances and Expenses) (Scotland) Regulations 2007 as amended.
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4 (n) Any other function or remit which is, in terms of statute or other legal requirement, bound to be undertaken by the Council itself. Non-Statutory Reservations (a) To establish such Committees, Sub-Committees, Joint Committees and Joint Boards as may be considered appropriate to conduct business and to appoint and remove Conveners, Depute Conveners and Members of Committees and Outside Bodies. (b) The raising of money by Rates, Council Tax or Loan. (c) The approval annually of the General Services Revenue Budget; (d) The approval of the General Services Capital Plan. (e) The approval annually of the Housing Revenue and Housing Capital Budgets and the setting of the level of rents for Council houses held in the Housing Revenue Account. (f) The incurring of any net new expenditure not provided for in the estimate of capital or revenue expenditure. (g) Any amendment of the Scheme of Administration regulating the constitution, membership, functions and powers of Committees of the Council. (h) Amendment of the Standing Orders regulating meetings proceedings and business of the Council and Committees and contracts. (i) Any amendment of the Scheme of Delegation detailing those functions delegated by the Council to its Officers. (j) The making of an order for the compulsory acquisition of any land or buildings. (k) The appointment of any Chief Officer (other than an Interim Appointment) or the dismissal of the Chief Executive, Monitoring Officer, Chief Social Work Officer, Chief Planning Officer, Chief Education Officer or S95 Financial Officer. The voluntary redundancy or early retirement of any Chief Officer which is not in compliance with the Council policies on voluntary early retirement or redundancy (l) All matters relating to election of Councillors where these are not the responsibility of the Returning or Counting Officer. (m) To consider matters relating to the fixing or amendment of the Council's geographic boundaries, its electoral boundaries and wards, or matters relating to the fixing or amendment of the boundaries of the parliamentary constituencies lying wholly or partly within North Ayrshire. (n) The decision to co-operate or combine with other Local Authorities in the provision of services other than by way of collaborative agreement. (o) The approval or amendment of the scheme for Community Councils.
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5 (p) Consideration of Provisional Orders or Private Bills affecting the interests of the Council. (q) The grant of the freedom of North Ayrshire. (r) To fix and amend a programme of Council and Committee meetings. (s) Any alteration or replacement of the North Ayrshire Integration Scheme; (t) Specific functions which are reserved to Council, Committees, Joint Committees or Joint Boards as detailed in the Scheme of Administration (u) To deal with matters reserved to the Council by Standing Orders, Financial Regulations and other Schemes approved by the Council. 2.3 General Restrictions on Exercise of Delegated Powers by Officers (a) If any decision proposed under delegated powers might lead to a budget being exceeded, the Officer must consult with both the relevant Cabinet Portfolio Holder or Convener of the appropriate Committee, as appropriate, and the Chief Executive or the Head of Service (Finance), before exercising the delegated power. (b)(i) Chief Officers must ensure that the relevant Cabinet Portfolio Holder, is, where appropriate, consulted on matters of a controversial nature. Where appropriate, such matters should be referred to Council or the appropriate Committee for decision. (b)(ii) In particular, and without prejudice to the foregoing, Chief Officers will exercise particular care in determining whether a matter is to be regarded as controversial in the following circumstances. The Chief Executive will be the final arbiter of whether a matter is controversial: - • Where determination of the issue may involve a decision contrary to local or national policy, or the determination may lead to a breach of a relevant Code of Guidance. • Where it is proposed that any issue be determined contrary to significant objections or the strong recommendation of Statutory Consultees. • The Officer proposes to determine the matter, or act in a manner, contrary to the recommendation of other officers whom he/she is obliged to, or has chosen to, consult with. • There are perceived public safety or significant public policy issues dependent on the determination (save in the case of urgency as aforesaid). • Standing Orders, National or International regulation requires determination otherwise. • There are questions of legality or financial advisability/probity involved. 2.4 New Legislation and Updating of Powers The Scheme may be updated by the appropriate Executive Director notifying the Chief Executive and the Head of Service (Democratic Services) in writing in advance of the specific power they wish to exercise and if this is not in conflict with, or contradictory to any statutory provision, the Council’s Standing Orders, Council Policy or delegation to another officer, effect may be given to such extension immediately and this Scheme will be amended accordingly
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6 2.5 Sub-Delegation North Ayrshire Council hereby authorises any Officer with specific delegated powers, duties or responsibilities referred to within this scheme to delegate further any of these powers etc. to other appropriate Officers within their service. Any Officer using delegated powers will be fully accountable to the Council for his/her actions. 2.6 Interpretation In the scheme the following words shall have the meanings assigned to them, that is to say: • “Act” means the Local Government (Scotland) Act 1973; • “1994 Act” means the Local Government Etc. (Scotland) Act 1994; • “2003 Act” means the Local Government in Scotland Act 2003; • “2014 Act” means the Public Bodies (Joint Working((Scotland) Act 2014; • “Council” means the North Ayrshire Council; • “Chief Officer” means the Chief Executive, the Executive Directors, the Director of Growth and Investment, the Director of the Health and Social Care Partnership and Heads of Service all as appointed by the Council. Any reference to any Act of Parliament shall be construed as a reference to the Act of Parliament as from time to time amended, extended or re-enacted and shall include any byelaws, statutory instruments, rules, regulations, orders, notices, directions, consent or permissions made thereunder. Any reference to any statutory instrument, regulation or order shall be construed as a reference to that instrument, regulation or order (as the case may be) as from time to time amended, extended or re-enacted. Subject to the foregoing provisions of this paragraph, the Interpretation Act 1978 shall apply to the interpretation of the scheme as it applies to the interpretation of an Act of Parliament. 2.7 Alteration of Scheme Subject to the provisions of the Act the Council shall be entitled to amend, vary or revoke the scheme from time to time. The financial limits as set by the terms of this scheme may be reviewed on 1st April each year. 2.8 Consultation with Chief Executive The Scheme of Delegation to Officers as set out in the following sections is at all times subject to the right of an Officer to consult with the Chief Executive on any matter, even though it has been specifically delegated to him or her particularly and to a duty so to consult where instructed or directed by the Chief Executive; 2.9 Absence of Executive Director The Chief Executive is authorised to exercise every power delegated to Executive Directors and Officers, whether in their absence or otherwise except where (a) part of a statutory function delegated to that specific Director or Officer or (b) the power derives from a function delegated by the Council to North Ayrshire Integration Joint Board.
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7 3. DELEGATIONS TO OFFICERS - GENERAL PROVISIONS The Chief Executive, Executive Directors/Directors and, unless specifically withheld, Heads of Service will have the following powers delegated to them: - 3.1 All powers necessary for the general management of the departments or services for which they are responsible including, but not limited to, the power to: - 3.1.1 Appoint employees in accordance with Council policy and Standing Orders; 3.1.2 Authorise special leave for employees in accordance with the provisions of the Council’s Scheme of Special Leave; 3.1.3 In consultation with the Head of Service (People and ICT), grant leave of absence with salary to enable employees to undertake approved part-time courses; 3.1.4 Authorise employees’ attendance at conferences/seminars and training courses for all employees; 3.1.5 Authorise departmental expenditure up to limits permitted in the Standing Orders, on such items as have been allowed for in the appropriate capital and revenue budgets. 3.2 To authorise employees to undertake functions delegated to the Executive Director/Director or Head of Service as may be deemed appropriate and expedient, provided such employees are suitably qualified. 3.3 To sign and issue the necessary authorisation to Officers of the Council to exercise statutory powers including where appropriate the rights to enter land and premises in connection with the discharge of their duties and any identity cards so required by the Council. 3.4 All such other powers as delegated by the Council, a Committee, a Sub- Committee, the Council’s Standing Orders and Financial Regulations. 3.5 To authorise and pay for the attendance of individual Members at specific conferences, seminars, etc. 3.6 To authorise and pay for the attendance of individual employees at training or conferences and to authorise and reimburse the professional membership fees of individual employees 3.7 To appoint or make recommendations as to the employment of consultants or specialists in accordance with any decision taken by the Council. 3.8 To manage and monitor the performance of the services which are under their responsibility. 3.9 To assist in the preparation of the Council’s General Services Revenue Budget and Capital Programme.
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8 3.10 To take such measures as may be required in emergency situations, subject to advising the Chief Executive as soon as possible thereafter on any items for which Committee approval would normally be necessary. This includes any Contract for the execution of works which are urgently required for the prevention of damage to life or property. 3.11 To enter into contracts for the supply of goods and materials, the execution of works and the provision of services where there is adequate provision in the estimates and in accordance with the Standing Orders for Contracts or the contract is let in terms of a framework agreement to which the Council is a party. 3.12 To sell surplus stores, plant, furniture and equipment, including any IT equipment, for the best price obtainable and write off any such stores, plant, furniture and equipment which have become unfit for use and are un-saleable, subject to the Standing Orders Relating to Contracts and any relevant Council policies. 3.13 To deal with, and in appropriate circumstances, to approve applications from employees for reimbursement of reasonable legal expenses, in part or in whole, incurred in defending any actions raised against them personally, providing they are acting: - (a) Within the course of their employment; (b) In accordance with Council procedures; (c) In good faith. 3.14 To respond to consultation papers unless the response recommends a departure or significant development of Council policy or procedure or is contrary to a standing instruction of Council or Committee. 3.15 To amend the organisational structures of their Services including the number and designation of posts subject to the following conditions: (a) The appropriate portfolio holder(s) has(ve) been consulted if changes are significant; (b) The costs of the amendments are within the existing revenue budget and this is confirmed by the Head of Service (Finance); (c) The Head of Service (People and ICT) approves the grading, conditions of service and designation of posts. 3.16 In accordance with the Council’s approved Disciplinary and Incapability and Wellbeing @ Work (Supporting Attendance Policy) , to take disciplinary action including dismissal, as appropriate in respect of employees in their relevant Service; 3.17 In accordance with the Council’s approved policies as may vary from time to time, to approve compliant applications for voluntary early retirement, redundancy or early release subject to the approval of the Head of Service (People and ICT) and the Section 95 Officer. 3.18 Action virement within the overall revenue budgets for their Services in accordance with the Financial Regulations and Codes of Financial Practice subject to confirmation by the Head of Service (Finance) or representative.
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9 3.19 To apply for and accept grants or external funding to support the agreed strategies, policies or plans of the Council, subject to budget being available for any required match-funding. 3.20 During a pandemic or other public health emergency when the Appeals Committee is unable to meet, the Head of Service (People & ICT) and any Chief Officer may deal with all appeals which would otherwise be heard by the Appeals Committee. This is subject to such appeals being determined by a senior officer who had no prior involvement in the case. Power is given to determine such appeals by written submissions, providing all the rules of natural justice relating to fair hearings are complied with.
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10 DELEGATIONS TO OFFICERS - SPECIFIC PROVISIONS 4. Chief Executive The Chief Executive leads the Executive Leadership Team and has overall responsibility for the following:- • Strategic management of Council services; • Leadership of Council Employees; • Strategy and Policy Development; • Leading Improvement and Organisational Change. The following specific functions of the Council are delegated to the Chief Executive:- 1. To act as Head of Paid Service in terms of Section 4 of the Local Government and Housing Act 1989. The duties of the Head of Paid Service are detailed in Section 12A. 2. To act as the principal policy adviser to the Council on matters of general policy and to assist Members to formulate clear objectives and affordable programmes having regard to changing political priorities, statutory and financial requirements and community needs and expectations. 3. To ensure that a corporate approach to the management and execution of the Council's affairs is maintained and that advice to the Council is given on a co- ordinated basis. 4. To lead the Executive Leadership and Emergency Management Teams. 5. To monitor the performance of all Chief Officers. 6. To take such action as may be required to ensure that the correct significance is given by the Council's employees to the achievement of the overall policy objectives of the Council. 7. To give clear direction and ensure the visibility of the office of Chief Executive as the central focus for leading and co-ordinating the Council's employees. 8. To advise on staffing requirements. 9. Subject to the provisions of Council policies and procedures, to determine the organisation, appointment and proper management of the Council's employees. 10. In consultation with the Head of Service (People and ICT), to exercise all discretions available to the Council in terms of the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008, the Local Government Benefits, Membership and Contributions) (Scotland) Regulations 2009, the Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008 and the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998.
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11 11. To ensure that effective and equitable employment policies are developed and implemented throughout all services of the Council in the interests of the authority and its employees. 12. To maintain a list of politically restricted posts in terms of the Local Government and Housing Act 1989; 13. To authorise the implementation of national and local agreements relating to pay and conditions of service of employees or Councillors in consultation with the Head of Service (People and ICT) 14. To give direction on the applicability of the scheme and where appropriate that any Officer shall not exercise a delegated function; except where (a) part of a statutory function delegated to that Director or officer or (b) the power derives from a function delegated by the Council to North Ayrshire Integration Joint Board. 15. To consider and deal with any urgent issues, whether arising during a recess period or otherwise, subject to reporting back to the Cabinet or the appropriate Committee at the first available opportunity. This power is to be exercised in consultation with the relevant Chief Officer and the relevant Portfolio Holder and Committee Chair. 16. During a pandemic or other public health emergency when Council is unable to meet, and in consultation with all Group Leaders, and an Independent Member nominated by the Independent Members, and the Monitoring Officer, and if required to enable effective decision making or otherwise during the emergency, to amend the Standing Orders for Meetings, the Scheme of Administration, the Scheme of Delegation to Officers, the Standing Orders for Contracts or the Financial Regulations as is required to meet the circumstance arising. 17. To deal, in consultation with the Provost of the Council, with applications for the patronage of the Council, the use of the Council’s Coat of Arms subject to the provisions of Lord Lyon King of Arms and for the use of municipal buildings; 18. To act as the Proper Officer for the following purposes of the Act: 19. Section 33A Declaration of Acceptance of Office as a Councillor; 20. Section 34 – Receipt of resignations of Councillors; 21. Sections 50B, C, D & F – Access to information; 22. Section 194(1) – Execution of deeds; 23. Section 50(D) of the Local Government (Access to Information) Act 1985 - "Listing of background papers for a report to Members". 24. To undertake the statutory responsibilities of Returning and Counting Officer in respect of Council and Parliamentary elections, referenda and ballots for Business Improvement Districts.
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12 25. Where urgent, to change the location of a Polling Place and to make any ancillary changes to the Council’s Polling Scheme which are required to facilitate this. 26. In an emergency to instruct executive action and incur expenditure on a report from the appropriate Executive Director on any matter, after consultation with the Provost/Leader of the Council as appropriate. 27. To devise, alter and issue, as required, job descriptions in respect of Chief Officers and other officers in accordance with Council duties and functions. 28. To exercise every power delegated to Executive Directors or Officers except where (a) part of a statutory function delegated to that Director or Officer or (b) the power derives from a function delegated by the Council to North Ayrshire Integration Joint Board. 29. To appoint in the absence of the Chief Executive an Acting Depute Chief Executive and Acting Head of Paid Service to cover periods of absence. When the Chief Executive is absent the Acting Chief Executive and Head of Paid Service will have all the delegated authority of the Chief Executive. 30. To appoint a Chief Officer on an interim basis. 31. To refer matters to the Police, in terms of the Council’s defalcation procedure. 32. To act as Authorising Officer under the Regulation of Investigatory Powers (Scotland) Act 2000 for all types of authorisation, including the authorisation of a person under age 18 to act as a covert human intelligence source. To appoint other Officers to act as Authorising Officers for all such functions except the authorisation of a person under age 18 to act as a covert human intelligence source. 33. All powers ancillary to or reasonably necessary for the proper performance of the Chief Executive’s general responsibilities. 34. To terminate on behalf of the Council any contract which the Council is entitled to terminate under appropriate conditions of contract where, after consultation with the appropriate Chief Officer, the Chief Executive is satisfied that it is in the interests of the Council to do so. 35. To support and manage the Director of the Health and Social Care Partnership/Chief Officer of the Integration Joint Board in the exercise of his or her functions.
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13 5. Head of Service (Democratic Services) The Head of Service (Democratic Services) has overall responsibility for the following services:- • Legal and Licensing Services • Democratic Services including Committee and Member Services, Policy, Performance and Elections, Health Improvement and Equalities, and Council Officers. • Communications, both internal and external • Civil Contingencies • Information Governance The Head of Service (Democratic Services) is also appointed to the following positions and has the following responsibilities: - 1. To act as the Council’s Monitoring Officer in terms of Section 5 of the Local Government Housing Act 1989. The duties of the Monitoring Officer are detailed in Section 12B. 2. To act as “Proper Officer” and to appoint and designate other Officers of the Council “Proper Officers” for the purposes of relevant section of the Local Government (Scotland) Act 1973 in respect of the production of reports; the listing of background papers; the retention of documents, receipt of notices of any legal proceeding served on the Council and for the receipt of any notice, order or any other document required or authorised by any Act to be sent, delivered or served to or upon the Council or to the Proper Officer and report for the prescribed period and other related matters. 3. To act as “Proper Officer” and to appoint and designate other Officers of the Council as Proper Officers for the purpose of Section 193 and 194 of the Local Government (Scotland) Act 1973 and the Requirements of Writing (Scotland) Act 1995, to sign all deeds and other documents which require to be signed or sealed and to execute, on behalf of the Council, such other documents as may be necessary. 4. To act as “Authorised Officer” together with such members of his/her staff designated by him/her in terms of the Civic Government (Scotland) Act 1982 to grant non- contentious applications for licenses in terms of the Civic Government (Scotland) Act 1982 and to be responsible for the administration and control of all relevant licenses in respect thereof and to issue all notices of suspension or revocation of same as may be necessary in connection therewith. 5. To act as Senior Responsible Officer in connection with authorisations for covert surveillance permitted under Section 6 and 7 of the Regulation of Investigatory Powers (Scotland) Act 2000 and to maintain a register of use of such. 6. Receipt of Members’ acceptance of office and resignation in terms of the Act. 7. Maintenance of the Register of Interests in terms of the Ethical Standards in Public
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14 Life etc. (Scotland) Act 2000. 8. Undertake amendment of the Scheme of Delegation and Scheme of Administration as required to take account of new or amended legislation, Council policies and decisions etc. 9. To act as Single Point of Contact (SPOC) with Police and to lead the coordination of the Council’s response to the Protect and Prepare strands of the CONTEST counter- terrorism strategy Legal Services 10. To engage Counsel or external legal firms as may be appropriate in connection with the Council’s legal business and to appoint Parliamentary agents as and when he/she may consider it necessary. 11. To settle without reference to the Council or its Sub-Committees, claims arising in terms of statute in respect of compensation following compulsory or voluntary acquisition or other statutory process provided all the statutory requirements have been met. 12. To issue or have issued by other Officers, Statutory Notices on behalf of the Council. 13. Institute and defend proceedings on behalf of the Council. 14. Negotiate and agree extra judicial settlements in line with budgetary provisions and to withdraw from legal proceedings, including proceedings before any court, tribunal, enquiry, regulatory body etc. 15. In consultation with the relevant Executive Director to settle claims and legal actions against the Council of whatever nature not otherwise covered by the Council’s insurance arrangements (and including without prejudice the foregoing generality planning appeals, employment tribunals and land tribunals) up to a maximum of £100,000 per individual claim (and to maximum of £500,000 in cases of urgency subject to consultation with the appropriate Cabinet Portfolio holder and approval by the Chief Executive) and in addition to agree appropriate fees and expenses in connection with those settlements. 16. To settle claims arising in terms of the Land Compensation (Scotland) Act 1973 in respect of home loss payments following compulsory acquisitions and also to settle any discretionary payments arising from acquisitions by voluntary agreement provided that the statutory requirements have been met. 17. In consultation with the relevant Executive Director, to authorise ex-gratia payments up to a maximum of £5,000 relative to recommendations by the Scottish Public Services Ombudsman. 18. Custody of all titles and standard securities in the Council’s favour. 19. To implement reports from the Council’s Valuer with regard to leasing of property, rent reviews and acquisition or disposal of land.
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15 20. To investigate complaints in terms of the Council’s whistleblowing procedures. 21. To have access at any time to any Council premises, offices or premises of contractors for the purposes of inspecting all documents and interviewing staff (either employed or contracted) in pursuit of the examination, verification or inspection of any system operated by the Council or any department thereof and to require the production of any information in whatever form including disclosure under the Data Protection Act and to implement changes arising therefrom. 22. Undertake any acquisition, disposal, lease etc. of property or land on the basis of terms recommended by the Executive Director (Place) subject to compliance with the terms of the Council’s Scheme of Administration and Standing Orders relating to Contracts. 23. Acquire former Council houses or properties within Housing Action or Regeneration Areas upon terms agreed by the District Valuer, or at the Home Report Valuation. 24. Issue Offers of Notices of Refusal and pursue recovery of discount under the Right to Buy provisions of the Housing Acts. 25. Authorise the amount of Home Loss Payment and Disturbance Allowance in respect of eligible properties, on terms recommended by the District Valuer. 26. Pursue recovery of discount under the Right to Buy Provisions of the Housing Acts. 27. Set and revise periodically all fees for legal services. 28. Formation, acquisition and dissolution of companies, whether limited by guarantee or shares, Scottish Charitable Incorporated Organisation, Trusts, Partnerships or Limited Liability Partnerships or other legal body as required. Provided that this shall not include authority to form an offshore company for reasons of tax efficiency or avoidance. Licensing Services 29. To make suitable arrangements for the appointment of a Clerk and Depute Clerk(s) and for the provision of support to North Ayrshire Licensing Board in terms of the Licensing (Scotland) Act 2005. 30. To exercise licensing or registration functions of the Council in terms of the following legislation and in conformity with Council or Licensing Board policies: - • Performing Animals (Regulation) Act 1925 • Pet Animals Act 1951 • Caravan Sites and Control of Development Act 1960 • Animal Boarding Establishments Act 1963 • Riding Establishments Acts 1964 and 1970 • Theatres Act 1968 • Breeding of Dogs Act 1973 • Dangerous Wild Animals Act 1976
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16 • Zoo Licensing Act 1981 • Civic Government (Scotland) Act 1982 • Cinemas Act 1985 • Breeding and Sale of Dogs (Welfare) Act 1999 • Antisocial Behaviour etc. (Scotland) Act 2004, Part 8 (Landlord Registration) • The Fireworks (Scotland) Regulations 2004 • Housing (Scotland) Act 2006, Part 5 (HMO Licensing) • Animal Health and Welfare (Scotland) Act 2006 • The Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009. • Pet Animals Act 1951 • Riding Establishments Acts 1964 to 70 • Zoo Licensing Act 1981 • The Licensing of Relevant Permanent Sites (Scotland) Regulations 2016 • The Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32. 31. To Grant an Application for any Licence where:- (a) the Applicant has no more than two Minor Penalties; (b) there are no objections or adverse representations; and (c) the officer is not aware of any possible grounds for refusal (e.g. 1982 Act, Schedule 1, Paragraph 5(3)). 32. To Grant an Application for the Renewal of any Licence where: (a) the Applicant has no more than two Minor Penalties in the period between the previous decision to Grant or Renew the Licence etc. and the receipt by the Council of the Renewal Application; and (b) There are no objections or adverse representations; and (c) The Officer is not aware of any possible grounds for refusal (e.g. 1982 Act, Schedule 1, Paragraph 5(3)). 33. To determine all questions arising under the Licensing Acts, and to exercise all the functions of the Local Authority under those Acts, except decisions to refuse an Application for the Grant or Renewal, or (except where delegated) suspension of a Licence. 34. To carry out all the Council's functions, and to exercise all the Council's powers, as Licensing Authority in relation to Civic Government (Scotland) Act 1982, Section 19 (Taxi Stances), and in particular the powers to: - (a) appoint a Stance (Section 19(1)); (b) Vary the number of Taxis permitted at a Stance (Section 19(3)); (c) alter the position of a Stance (Section 19(3)); (d) revoke the appointment of a Stance (Section 19(4)); (e) erect and illuminate signs indicating the limits of Taxi Stances (Section 19(2)(a)); and (f) cause lines or marks to be made on roads indicating the limits of Taxi Stances (Section 19(2)(b)).
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17 35. Section 84 Antisocial Behaviour (Scotland) Act 2004: To Grant an Application for Registration of a Landlord or Agent if:- (a) there are no more than two Minor Penalties; (b) in the opinion of the Officer none of the considerations described in Section 85 (factors relevant to the decision whether or not a person is a 'fit and proper' person) exist; and (c) there are no objections or adverse representations. 36. Section 84 Antisocial Behaviour (Scotland) Act 2004: to Refuse an Application for Registration where the Applicant has failed:- (a) to satisfy the Officer that he is a 'fit and proper' person, (b) to respond to reasonable inquiries within 14 days after the date on which the Council received the Application or notice of the Application via the Scottish Government website. 37. Section 88(3) Antisocial Behaviour (Scotland) Act 2004: To make a determination that an Agent or proposed Agent is a 'fit and proper person' to act for a Registered Person if:- (a) there are no more than two Minor Penalties, and (b) in the opinion of the Officer none of the considerations described in Section 85 (factors relevant to the decision whether or not a person is a 'fit and proper' person) exist. 38. Where it appears to the Officer that any offence under the Act is being or may have been committed, to inform the Procurator Fiscal or Police. 39. Section 94 Antisocial Behaviour (Scotland) Act 2004: to serve a Notice (commonly called a 'Rent Penalty Notice' (RPN)) where: - (a) it appears to the Officer that the conditions specified in Sections 94(2) (a) to (c) (the conditions for serving an RPN) are satisfied, and (b) where the Council has written to the relevant person inviting him to apply for Registration and 14 days have elapsed from the date of that letter without either: (i) the relevant person having made an Application for Registration, or (ii) the Officer being satisfied that the relevant person does not require to be registered, because either: (1) he does not fall within the definition in Section 1(8) (a person who is none of: a Local Authority, a registered social landlord, or Scottish Homes); (2) he is entitled to one of the exemptions in Section 1(6) (as extended by Regulations); or (3) the house is either unoccupied or is occupied by a person who is a member of the family of the relevant person (and is therefore not an “unconnected person”).
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18 40. Section 95 Antisocial Behaviour (Scotland) Act 2004: To Revoke a 'Rent Penalty Notice' where it appears to the Officer that the conditions specified in Sections 94(2) (the conditions for serving an RPN) were not satisfied when the Notice was served or are not or are no longer satisfied. 41. To amend the Register where appropriate (for example, under Section 88(8) Antisocial Behaviour (Scotland) Act 2004, if the Council determines that a proposed Agent is not 'fit and proper', the Council is obliged to remove the Registered Person (the Landlord) from the Register). 42. To determine all questions arising under the 2004 Act, and to exercise all the functions of the Local Authority under the 2004 Act, except: (a) Section 84: To refuse an Application for entry to the Register, or for renewal or amendment of a Registration; (b) Section 88(3): To make a determination that an Agent is not a 'fit and proper person' to act for a Registered Person; (c) Section 89: To remove the Registration of a person. 43. To refer the case to the Committee for consideration of the exercise of those reserved powers where in the opinion of the Officer any of the considerations described in Section 85 Antisocial Behaviour (Scotland) Act 2004 (factors relevant to the decision whether or not a person is a 'fit and proper' person) may exist. 44. To exchange information with other Departments of the Council and external agencies relating to:- (a) the operation of the Antisocial Behaviour (Scotland) Act 2004 and any register or records held by the Council for the purpose of administering the Landlord Registration Scheme; (b) the conduct of landlords, agents and occupiers in relation to housing law and anti-social behaviour; (c) the payment of Benefit to any of those persons; (d) convictions and judgments affecting any of those persons. 45. To request any Applicant or Registered Person (including an Agent), to supply documents or information (e.g. a Disclosure Scotland Certificate or a document from a Court or Tribunal evidencing a determination) so that the Officer might determine whether or not to exercise any powers conferred in this Scheme of Delegation. 46. Section 97A (Power to obtain information) Antisocial Behaviour (Scotland) Act 2004: To serve a notice requiring the owner, occupier or agent to state: - (a) confirmation of the nature of that person’s interest in the house; (b) the name and address of any other owner, occupier or agent (and information about any relationship between them); (c) such other information relating to the house or person which is reasonably requested. 47. To exercise the delegations in Part 3 of the Housing (Scotland) Act 2006.
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19
48. Section 129A Housing (Scotland) Act 2006: To refuse an Application without further
consideration due to breach of planning control.
49. To make an Order under Section 144 of the Housing (Scotland) Act 2006 (commonly
called ‘a Rent Suspension Order’) against the owner of an unlicensed HMO where
the Officer is satisfied that the statutory criteria exist.
50. To revoke such an Order when the HMO is licensed, or the Council is satisfied that
the accommodation does not need a Licence.
51. Sections 142 & 143 of the Housing (Scotland) Act 2006: To make (without conditions)
a Temporary Exemption Order (Decisions to attach conditions, revoke, or extend a
TEO are not delegated).
52. Section 186 of the Housing (Scotland) Act 2006 ("Power to obtain information etc."):
To exercise the Local Authority's powers to serve Notice on the owner, occupier or a
person who receives rent, directly or indirectly, requiring that person to state in
writing:
(a) the nature of his interest in the land or premises,
(b) the name and address of any other person having such an interest, and
(c) any other information which is reasonably requested (including the relationship
(if any) between the recipient of the Notice and any other occupants.
53. The following delegated authorities under the Civic Government (Scotland) Act 1982
are to be exercised after consultation with the Licensing Committee Convenor, whom
failing the Vice-Convenor, whom failing any Member of the Licensing Committee: -
(a) Schedule 1 Paragraph 8(5A) Civic Government (Scotland) Act 1982: Late
Renewal- to make a determination that an Application for the Renewal of a
Licence should, or should not, be deemed an application made before the
expiry;
(b) Schedule 1 Paragraph 9(2) Civic Government (Scotland) Act 1982: material
change in the licensed premises - authorised to grant or refuse consent;
(c) Schedule 1 Paragraph 12 Civic Government (Scotland) Act 1982: Emergency
Suspension - authorised to suspend a Licence under Paragraph 12, of
Schedule 1 for six weeks or (if earlier) until the commencement of the 'Ordinary'
Suspension hearing.
(d) Sections 42(5) and 42(6) of the Civic Government (Scotland) Act 1982
(Exemption from the need to hold a Late Hours Catering Licence): after
consultation with the Chief Constable, to grant an Exemption Certificate:
(a) in respect of any particular occasion; or
(b) during a specified period not exceeding 2 months in any period of 12 months;
and to attach any conditions that the officer thinks fit.
54. To exercise functions of the Council relating to Public Charitable Collections in
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20 55. Public Charitable Collections under Civic Government (Scotland) Act 1982, Section 119 - authorised in respect of a particular Collection: - (a) To permit a temporary departure from Committee Policy as to the dates and hours of a Collection; (b) to permit a Collection in an area notwithstanding that another Permission has been granted or an Exempt Promoter has notified the Council of its intention to collect in the same area; or (c) to vary conditions attached to the Permission under Section 119(5). This authority is to be exercised after consultation with the Licensing Committee Convenor, whom failing the Vice-Convenor, whom failing any Member of the Licensing Committee. 56. Attach such conditions as are deemed appropriate to any licence. 57. Determination of applications for the display of signs and advertisements on private hire cars and taxis. 58. To consider and determine notifications of marches and processions in conformity with Council policies. 59. To determine for the purposes of the foregoing Licensing delegations, the definitions of ‘Minor Penalty’, ‘Disposal’, ‘Excluded Disposal’ and ‘Excluded Offences’. 60. During a pandemic or other public health emergency, when the Licensing Committee is unable to meet, to determine any applications, suspensions, revocations or other business which would normally require a determination by, or a hearing before the Licensing Committee, provided the rules of natural justice, namely a right to a fair hearing, can be satisfied. 61. To exercise powers under paragraph 10(1) of Schedule I of the Civic Government (Scotland) Act 1982 to vary the terms of a licence. 62. To establish and operate a system for licensing of short-term lets in accordance with the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32 Democratic Services 63. Appoint suitable persons to the Panel of Curators in terms of the Children (Scotland) Act 1995. 64. Revise periodically the fees payable to Curators. 65. Determining rights of access to Council documents Councillors and members of the public disclosing exempt information in terms of the Local Government (Access to Information) Act 1985. 66. Act as Clerk to the Children’s Panel Advisory Committee in terms of the Social Work (Scotland) Act 1968, as amended.
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21 67. Approve the Constitution, Standing Orders and other related documents of Community Councils in accordance with the Scheme of Establishment of Community Councils adopted by North Ayrshire Council. 68. Adjust as necessary the calendar of meetings and holidays in consultation with the Provost and Leader of the Council, as appropriate. 69. To provide assistance to Councillors by provision of appropriate accommodation, secretarial assistance, training and library facilities etc. 70. To act as advisor to the Council on procedural and administrative matters and to ensure the provision of adequate administrative and other support for Council and its Committees and other bodies in respect of which the Council is the lead authority. 71. In consultation with the appropriate Executive Director to submit comments to the Scottish Public Services Ombudsman and the Pensions Ombudsman into alleged maladministration. 72. To make arrangements for the opening and witnessing of all tender returns in excess of £50,000, recording the date and time of receipt in accordance with the Council’s Standing Orders relating to contracts. 73. To determine whether Petition or deputation requests comply with the requirements of Council Standing Orders. 74. To deal with all applications or requests relating to civic receptions, opening ceremonies and any other ceremony, subject to consultation with the Provost. 75. To deal with requests for the grant of civic hospitality etc to any official delegations, groups and visitors to North Ayrshire and the presentation of suitable mementoes. 76. To act as the Proper Officer in terms of the Local Government (Access to Information) Act 1985 for the purposes of determining prior to a meeting whether documents should be made available to the public. 77. To carry out the functions of the Council under the Adults with Incapacity (Scotland) Act 2000 including those relating to Intervention Orders, access to funds and Guardianship Orders. 78. To provide such support and assistance as the Returning or Counting Officer may request in relation to elections, Business Improvement Districts or referenda. 79. To prepare the polling scheme for North Ayrshire and to alter or amend polling places in the event of an approved place becoming unavailable or unviable, e.g. through fire or flood or some other circumstance. 80. To manage the Council’s arrangements for town twinning, including visits to or by other towns or areas with which the Council is twinned. 81. To manage the booking of the Council Car.
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22 82. Maintenance of the Register of Disclosure of Interests in terms of the Ethical Standards in Public Life etc. (Scotland) Act 2000. 83. To support civic functions and festivals such as the Provost’s Awards, Marymass, and the Viking Festival. 84. To provide support and assistance to Community Councils. 85. To manage the Ayrshire Area Support Team shared service, and as part of this to support the appointment process and training of members of Children’s’ Panels. Policy and Performance 86. Support for the development of corporate policy for the Council, 87. Gathering and analysis of demographic, performance and other data relating to North Ayrshire, its neighbourhoods, and its partners. 88. To manage and administer the Council’s corporate performance planning, monitoring and continuous improvement arrangements including those relating to the Council Plan, the annual Council Plan Delivery Plan, the Council Plan Performance Framework and the Public Performance Report. 89. To co-ordinate the gathering and analysis of corporate data, performance or benchmarking information and any returns or other information relating to such performance information. 90. To support and coordinate Council entries for awards. 91. To support and coordinate Council corporate assessment for the European Foundation of Quality Management, Public Sector Improvement Framework or Recognised for Excellence or other quality systems. 92. Act as the Council’s representative for functions of the Registrar General for Scotland as regards statistics and Census. 93. To support functions of the Council relating to health improvement of Council employees. 94. To develop policies and procedures and otherwise to help ensure the Council complies with its duties under the Equalities Act, The United Nations Convention on the Rights of the Child, the Fairer Scotland Duty and the island-proofing requirements of the Islands (Scotland) Act 2018. 95. To coordinate and support the development of the Child Poverty Report and Action Plan. Communications 96. To authorise the issue of all publicity and promotional material related to the Council. 97. To maintain good internal and external public relations.
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23 98. To issue publicity to promote the Council’s interests and to issue appropriate releases to press and social media, or other forms of publicity on behalf of the Council. 99. To manage, maintain and make procedures relating to social media sites kept by the Council. 100. To deal with press enquiries and responses on behalf of the Council. 101. To authorise corporate branding material including logos etc to be used on behalf of the Council. 102. To undertake internal communications with Council employees and to provide policies to promote internal communication. 103. To produce marketing materials on behalf of the Council. 104. To manage and support requests to film on Council owned land and to support the effective planning of events in North Ayrshire by ensuring effective liaison with relevant partners. Information Governance 105. To undertake the Council’s duties relating to records management, the Records Management Plan and to maintain and manage a records management store. 106. To provide support and assistance to services in responding to requests under the Freedom of Information (Scotland) Act 2002. 107. To provide support and assistance to Council services to enable them to comply with duties under the Data Protection Act 2018, and the General Data Protection Regulations (GDPR) and to assist them to deal with requests for the release of personal data. 108. To oversee the Data Protection impact process of any contract being tendered for services, including provision of ICT or CCTV. To develop protocols for the filing and retention of Council information. 109. In consultation with the appropriate Executive Director to submit comments to the Scottish Public Services Ombudsman and the Pensions Ombudsman into alleged maladministration. 110. To manage the Council’s Customer Complaints procedures 111. To determine reviews lodged under the Freedom of Information (Scotland) Act 2002. Civil Contingencies 112. To review the performance and support the delivery by South Ayrshire as lead authority, of the Ayrshire Civil Contingencies Team shared service.
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24 113. To exercise functions relating to civil contingencies, including identification of potential contingencies, civil contingency planning and communication, liaison with external bodies and putting in place arrangements to deal with contingencies.
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25 6. Head of Service (Finance) The Head of Service (Finance) has overall responsibility for the functions of Finance, Treasury Management, Procurement, Revenue, Health and Safety, Risk & Insurance, Transformation Audit and Fraud. The Head of Service (Finance)has overall responsibility for the functions of Finance, Treasury Management, Procurement, Revenues, Health and Safety, Insurance, Risk, Transformation, and Audit and Fraud. Audit 1. To undertake internal audit of Council systems, procedures and practices and to investigate complaints or issues raised with Internal Audit. To provide policies, procedures and guidance relating to audit, fraud, bribery and defalcation. 2. The taking of measures designed to deter fraud, investigation of cases of suspected fraud, the taking of action to recover assets and monies lost through fraud and any action required against those responsible. 3. The taking of measures designed to deter bribery, the investigation of cases of suspected bribery, and all actions to comply with the terms of the Bribery Act 2010. 4. In relation to Internal Audit work being carried out, the Senior Manager (Audit, Fraud, Safety, Risk and Insurance) and any member of the Internal Audit section has the authority to: - • Enter at all reasonable times and without notice any premises or land of the Council, provided that where such premises or land are leased to a third party the terms of the lease are observed; • Have access to, and remove, all records (both paper and electronic), documents and correspondence within the possession or control of any officer of the Council, relating to any transactions of the Council; • Be provided with a separate log-in to any computer system within the Council and have full access to any system, network, personal computer or other device in the ownership of the Council; • Require and receive explanations concerning any matter under examination from any employee, including Chief Officers, and request such explanations from any elected member; • Require any employee of the Council to produce cash, stores or any other Council assets under their control. Insurance and Health and Safety 5. Ensuring that adequate insurance arrangements are in place 6. Support and assistance to Council services to enable them to comply with duties under the Health and Safety at Work Act 1974 and other legislation relating to health and safety. 7. To be the primary point of contact with the Health and Safety Executive in matters
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26 relating to the health and safety of Council premises or services. Finance 8. Be the Proper Officer for the financial affairs of the Council in terms of Section 95 of the Act. The responsibilities of the Proper Officer for Financial Arrangements are set out in Section 12C. 9. Produce, and regularly review the Financial Regulations of the Council and any Codes of Financial Practice made thereunder. 10. Ensure that proper systems of accounting are maintained throughout the Council and that Services comply with Council policy, legislation, financial regulation and codes of financial practice issued thereunder. 11. Prepare and monitor revenue and capital budgets for General Services, the Housing Revenue Account and any other funds provided to the Council in accordance with the Financial Regulations. 12. To be the primary point of contact with external audit and provide support, information and recommendations to external auditors. 13. The provision of financial services to other bodies, organisations, etc. subject to a charge being made where appropriate. 14. Authorise disposal or write-off of surplus materials, stores, or equipment where the value does not exceed £10,000. 15. Determine Home Loan Applications and implement amendments to interest rates for the Home Purchase Loans. 16. In consultation with the appropriate Executive Director, up to a maximum of £100,000 and in conformity to any approved policy, authorise the transfer of approved estimates from one head of expenditure to another, within a Service estimate, unless it is considered to materially affect the approved budget, in which case authorisation of the Council will be sought. 17. To agree in consultation with the Executive Director (Communities & Education) to awards of grant or other disbursements from common good or trust funds which spend capital of the fund in excess of annual revenue, having regard to whether this would be likely to promote the objectives of the fund through maximising the amount spent to promote its objectives and minimising administration costs. 18. In respect of Non-Domestic Rates, to act as the Proper Officer in terms of the appropriate legislation for all administrative purposes including: - • Arranging the preparation and issue of rates notices, the collection of rates, the receiving and settling of claims for exemption from rates, the handling of objections to the amount of rates levied, and the abatement, remission or repayment of rates under the various rating provisions.
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27 • To enter into arrangements with neighbouring Councils and others concerning the collection of rates, or Council Tax on behalf of the Council and to make arrangements with each agent as to suitable collection points. 19. To bill and collect sundry income for the Council 20. Rent collection and accounting, arrears recovery and collection of other miscellaneous charges. 21. The preparation and issue of Council Tax Notices 22. To make the necessary arrangements concerning terms and commissions payable for services rendered to the Council by other agents with regard to the collection of rates, and/or other Council Tax, and the administration of any Council reduction or discount schemes etc. 23. To enter into arrangements with Scottish Water for the collection of water and waste water charges with Council Tax, and to negotiate appropriate terms and commission with the Water Authority in relation to the services rendered by the Council and its agencies Treasury Management 24. Act as the Proper Officer for the purposes of Section 92 of the Act relating to the transfer of securities. 25. Make the necessary arrangements for duly authorised borrowing and lending in terms of Section 165 of the 1994 Act 26. Act as Proper Officer in terms of Sections 92, 193(1) and 194 of the Act for the signing of all stock certificates, bonds and mortgages. 27. Act as Registrar of Stocks, Bonds and Mortgages. 28. Borrow and invest monies as required for the purposes of the Council’s Treasury functions (within the terms of the Council’s Treasury and Investment Policy) and perform Debt Rescheduling as appropriate. 29. Make payments by cheque or another instrument. 30. Authorise the signature of cheques and other appropriate financial documentation on behalf of the Council 31. Write off debts if satisfied that they cannot reasonably be recovered. Procurement 32. To undertake procurement functions for the Council including entering into framework agreements, central purchasing arrangements, maintenance of a standing list of approved contractors, preparation of advice and policies relating to procurement and support and assistance to Council services in undertaking procurement.
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28 Risk and Business Continuity 33. Ensure adequate risk management arrangements are in place throughout the Council. 34. To exercise functions relating to the identification, planning and mitigation of risks affecting the Council. 35. Duties relating to business continuity, including identification of issues, business continuity planning, liaison with external bodies and putting in place arrangements to deal with business continuity issues. Transformational Change 36. To support service reform and manage and support transformational change throughout Council and its services in consultation with the relevant Executive Director.
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29 7. Head of Service (People and ICT) The Head of Service (People and ICT) has overall responsibility for the functions of People Services (including Human Resources, Learning & Organisational Development, Payroll, Employee Resourcing), ICT and Customer Services. Customer Services 1. To provide all services in respect of the duties of the Council in respect of the registration of births, deaths and marriages, citizenship ceremonies, Tell Us Once, civil ceremonies and to provide a registration family history searching facility. 2. To develop and manage all customer contact channels and to manage emergency telephone helplines. 3. Administer the Education Maintenance Allowance, School Clothing Grants and the National Entitlement Card. 4. Ingather all monies due to the Council in relation to Housing Benefit overpayments and enforce payment thereof. 5. In respect of Council Tax, to act as the Proper Officer in terms of the appropriate legislation for all administrative purposes including:- • The collection of Council tax, the handling of objections to the assessments and the exemption, abatement, or remission of charges. • To enter into arrangements with Communities Scotland etc. in accordance with Schedule 2 of the Local Government Finance Act 1992, to administer Council Tax Reduction and discounts on behalf of the Council for all those residents in the housing authority’s property. 6. To administer the Scottish Welfare Fund on behalf of the Scottish Government 7. To administer a council tax reduction scheme on behalf of the Scottish Government. 8. To support the delivery of Universal Credit in North Ayrshire in accordance with the Department of Work and Pensions Delivery Partnership Agreement. People Services 9. To carry out all matters relating to staffing, recruitment, promotion and transfer within the Council’s policy and apply the pay grading and conditions of service as agreed by the Council in respect of their employees. 10. To supervise and, so far as necessary, administer the Council’s Corporate Human Resources Policies and Procedures.
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30 11. Develop and maintain human resources and organisational development policies and procedures. 12. Authorise employee terms and conditions associated with Council Policies and Procedures, Appeals, Health, Safety and Wellbeing, National Agreements and Pension Regulations (Special Leave, Recruitment and Selection, Dignity at Work, Annual Leave, Discipline and Grievance, etc). 13. Contribute to the effective operation of the Council’s Appeals Committee, Joint Consultative Forum and the Local Negotiating Committee for Teachers. 14. To undertake on behalf of the Council negotiations and discussions with Trade Unions and other employee organisations concerned with the interests of Council employees. 15. Implement national pay awards and amendments to national and local rates of travel, subsistence and other allowances. 16. To apply all matters which conform to the national conditions of service and local conditions of service of all categories of employees of the Council. 17. After consultation with the appropriate Executive Director to approve the acceleration of increments within existing salary scales. 18. In consultation with the appropriate Executive Director to approve applications for the termination of employment on medical grounds where such recommendations are made by the Council’s Occupational Physicians. 19. To pay salary and wages and make associated arrangements for payment of Council paid employees in accordance with statutory requirements. 20. Following consultation with appropriate Executive Director to provide to the Local Government Adjudicator for Scotland on behalf of the Council, certificates required for the purposes of Section 3(3) of the Local Government and Housing Act 1989 in relation to exemption of post from political restrictions. 21. To co-ordinate the Council’s arrangements for obtaining reports relating to potential criminal convictions. 22. To manage and support the Council’s policies and procedures on absence at work and to enter into arrangements for the provision of an Occupational Health service, counselling or other services to support employees. 23. Enter into agreements and deliver human resources and organisational development services to other bodies. 24. To design and deliver or arrange for the delivery of training to Council employees, Councillors or others. 25. To make arrangements for employee recognition and reward. 26. To undertake employee engagement surveys.
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31 ICT 27. Review and provision technology solutions appropriate to the needs of the Council. 28. Ensure technology solutions and usage are optimised to maximise the value to the Council. 29. Maintain appropriate asset management plans and inventories for the purpose of insurance, compliance, audit control and licensing. 30. Ensure Council technology solutions are aligned to the Digital Strategy, Technology Strategy, and where appropriate other Council plans and strategies. 31. Review and authorise ICT contracts as appropriate ensuring, in conjunction with any Procuring Service and the Data Protection Officer, that when tendering for contracts, an appropriate Data Protection Impact assessment is in place. 32. Deliver security technologies, processes and controls which will support technical innovation while protecting systems, networks, and information from cyber-attacks. 33. Develop and implement the Council’s Technology Strategy.
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32 8. Executive Director (Communities & Education) The Executive Director of Communities & Education has overall responsibility for the following services:- • Education Service, in terms of the specific delegations set out in this document, and through the relevant committee frameworks also set out here, with regard to: • The strategic leadership of the functions of the Council as Education Authority, including policy, planning and service re-design to achieve the aims set out in the Council Plan and statutory Annual Education Plan. • The delivery of mainstream and specialist education through schools, centres and a range of additional support needs provisions, to meet the needs of children and young people at early learning and childcare, primary and secondary stages. • Strategic oversight and direction of: the curriculum; learning and teaching; assessment and qualifications; quality improvement and performance management. • The provision of an educational psychology service. • Strategic oversight and direction of workforce development and professional learning. • Strategic oversight and direction of the Local Negotiating Committee for Teachers and the Joint Consultative Committee for Education. • In partnership with the Director of the Health and Social Care Partnership, the strategic oversight and direction of child protection and safeguarding for all children and young people within the area of the Council. • Schools including Curriculum; Learning and Development; Pupil Equity Fund, Attainment Fund, Educational ICT; Performance and Improvement; Professional Development; educational improvement through regional collaboration via the South West Education Improvement Collaborative; and Service Redesign • Children and Young Peoples’ Services including Integrated Children’s Services Planning; the Child Poverty Strategy; Early Years Psychological Services and Additional Support for Learning; Inclusion; Parental Engagement; Youth Employment and Service Redesign • Connected Communities including Community and Locality Planning, Community Learning and Development; (adult learning, young people and capacity building); locality hubs; Information and Culture; Libraries; Community Centres and halls; the Gaelic Plan; Sports and Activity (including Active Schools and sports development, Arran Outdoor Education Centre and the relationship with KA Leisure); Country Parks and Ranger Services; community engagement and empowerment including Participatory Budgeting, the Community Investment Fund, Community, Asset Transfer (including with the Place Directorate the Allotments Policy); the North Ayrshire Food system support for external organisations (including North Ayrshire Ventures Trust); and leading a whole system approach to planning and delivering services with partners, including communities.
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33 Education The Executive Director of Communities and Education has delegated authority as follows: Generally 1.To exercise the functions of the Council as Education Authority in terms of the relevant parts of the following primary legislation and any subsequent, secondary or similar legislation replacing or expanding existing Acts pertaining to the provision of education services: • Education (Scotland) Act 1980 as amended • The Self-Governing Schools (Scotland) Act 1989 • Education and Training (Scotland) Act 2000 • Standards in Scotland’s Schools etc. Act 2000 • Regulation of Care (Scotland) Act 2001 • Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002 • Schools Education (Amendment)(Scotland) Act 2002 • Education (Additional Support for Learning) (Scotland) Act 2004 • School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 • Scottish Schools (Parental Involvement) Act 2006 • Schools (Consultation)(Scotland) Act 2010 Specifically 2 To discharge the duty of the Council as Education Authority to ensure adequate and efficient provision of school education in terms of sections 1-14 of the 1980 Act and sections 1-2 of the 2000 Act and in accordance with approved Council policy. 3 To discharge the duty of the Council as Education Authority to secure improvement in the quality of school education and to publish annual plans and reports in that regard, in terms of sections 3-7 of the 2000 Act and sections 1-6 of the 2016 Act. 4 To implement the principle of the presumption set out in section 15 of the 2000 Act that education be provided in mainstream education settings unless in exceptional circumstances. 5 To discharge the duty of the Council as Education Authority to make adequate provision to meet the additional support needs of learners as set out in the Education (Additional Support for Learning) (Scotland) Acts 2004 and 2009. 6 To exercise, at discretion, the powers available to the Council as Education Authority, in terms of section 23 of the 1980 Act, with regard to the provision by the Council of education for children from outwith the area of the Council, including the setting of placement fees for other Education Authorities. In addition, to authorise the payment of such fees to other Education Authorities and external providers where education has been provided at the request of the Education Authority for children normally resident in the area of the Council. 7 To discharge the duty of the Council as Education Authority in the provision of Gaelic Medium Education in terms of sections 7-18 of the 2016 Act.
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34 8 To determine school term dates and in-service days after consultation with appropriate trade unions, education staff and parent councils. 9 To exercise the functions of the Education Authority in relation to the promotion and management of pupil attendance in schools, in terms of sections 36-41 of the 1980 Act and with regard to the Scottish Government national guidance document: Included, Engaged and Involved: Part 1 (2019, revised). 10 To exercise, at discretion, the powers available to the Council as Education Authority in respect of exclusion of pupils from school, in terms of regulation 4 of the Schools General (Scotland) Regulations 1975 as amended and with regard to the Scottish Government national guidance document: Included, Engaged and Involved, Part 2 (2017). 11 To determine and manage a Devolved School Management (DSM) Scheme, which sets out how educational establishments within the Education Authority are funded and how financial accountability is assured, in terms of section 8 of the 2000 Act and the Scottish Government Devolved School Management Guidelines (2019). 12 To appoint and supervise teaching staff in terms of Part IV of the 1980 Act and in accordance with the DSM scheme and local agreements approved by the North Ayrshire Local Negotiating Committee for Teachers (LNCT). 13 To implement all decisions taken within the terms of reference of the North Ayrshire LNCT, provided that any resultant financial commitments are contained within the Service budget. 14 To exercise, in conjunction with the Head of Service (People & ICT), and through the LNCT, the discretionary powers available in the implementation of conditions of service in relation to teachers in the employment of the Council, as set out in Appendix 1.3 of the Scottish Negotiating Committee for Teachers (SNCT) Handbook or any amendment thereof. 15 To arrange professional learning for the education workforce in pursuance of improved standards of service delivery and improved learner outcomes. 16 To approve temporary secondments by teaching staff to posts outwith the area of the Council and temporary secondments within the area of the Council by teaching staff from elsewhere. 17 To consider and determine all applications for the provision of footwear and clothing and/or the provision of free school meals for learners at local authority schools, in terms of sections 53-56 of the 1980 Act and sections 22-23 of the 2016 Act, and in accordance with Council policy. 18 To consider and determine all placing requests under section 28 of the 1980 Act, sections 43-44 of the 2000 Act and Schedule 2 of the Education (Additional Support for Learning) (Scotland) Act 2004 in accordance with the guidelines formulated by the Council and, where appropriate, to make representation to the Education Appeals Committee in respect of any appeals against decisions. 19 To consider and determine applications from educational establishments for residential school excursions overseas or participation in exchange programmes. 20 To carry out the administration, assessment and award of Education Maintenance Allowances (EMAs) in accordance with Council policy.
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35 21 To authorise discretionary grants to staff and/or pupils in connection with courses, conferences, educational visits and excursions within budget allocation. 22 To issue licences in terms of the Children (Performances and Activities) (Scotland) Regulations 2014. 23 To approve monthly unitary charge invoices in respect of Public Private Partnership and NDP contracts. 24 To accept and administer any new trusts or small endowments which may be offered to the Council for schools managed by the Council and to receive and determine applications for distribution of funds in any endowments, subject to the terms of the endowment 25 Manage the Educational Services Department and the provision of education in accordance with approved policy. 1. Accept and administer any new trusts or small endowments which may be offered to the Council for schools in their area. 2. Transfer teachers within the policy established by the Education Authority and, where appropriate, pay transfer expenses. 3. Exercise the discretionary powers available in implementation of conditions of service in relation to teachers in the employment of the Authority. 4. Carry out the administration, assessment and award of education maintenance allowances. 5. Make discretionary grants to pupils to enable them to attend courses and conferences and to undertake additional visits and excursions at home and abroad within the approved estimates and policies of the Council. 6. To make grants of up to £1000 to voluntary organisations, schools and other organisations which make provision for children of school age, pre-5s or out-of- school care. 7. To approve support for any type of educational course and to make grants from any bursary or other financial scheme operated by the Council. 8. To make grants to employees and/or pupils in connection with courses, conferences, educational visits and excursions. 9. To make grants to pupils who are selected to join national music ensembles in respect of fees and attendance at courses related to their membership of these bodies. 10. Exercise the powers available to the Council as Education Authority in relation to the exclusion of pupils from schools in line with policy. 11. Determine the dates of local school holidays within the Council after consultation. 12. Determine the dates of the 5 teachers’ in-service days after due consultation with all relevant parties.
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36 13. To receive and determine applications for distribution of funds in any endowments, subject to the terms of the endowment. 14. To accept and administer any new trusts or small endowments which may be offered to the Council for schools in its area. 15. To issue licenses in terms of the Children (Performances) Regulations 1968 and the Children (Performances and Activities) (Scotland) Regulations 2014. 16. To agree or refuse requests for access to an amendment of records in terms of the Pupils Education Records (Scotland) Regulations 2003 and the Further Education Student Records (Scotland) Regulations 1990 and to review any such decisions. 17. Authorised to approve monthly PPP and NDP Unitary Charge invoices. 18. In accordance with the Council’s approved policies for early release, in conjunction with the Head of Service (People and ICT), to approve any application by a teacher or associated professional for voluntary early retirement, redundancy or early release.
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37 Connected Communities The Executive Director of Communities and Education has delegated authority as follows: Specifically: 19 To exercise the functions of the Council in terms of the relevant parts of the following primary legislation and any subsequent, secondary or similar legislation replacing or expanding existing Acts pertaining to the provision of community services: • Community Empowerment (Scotland) Act 2015 • Gaelic Language (Scotland) Act 2005 • The Requirements for Community Learning and Development (Scotland) Regulations 2013 • Period Products (Free Provision) (Scotland Act 2021 • Local Government (Scotland) Act 2003 (includes library/museum legislation) Generally: 20 To ensure proper arrangements for developing and ensuring excellent relationships with our communities, including through community engagement, consultation, participation, participatory democracy and community empowerment. 21 To develop and support the capacity of organisations, individuals and communities, including young people to become involved in, and contribute to North Ayrshire, its neighbourhoods and communities. in the context of Fair for All and the reduction of inequalities, including through the Child Poverty Report and Action Plan. 22 To support the development of community and locality planning, the development of defined neighbourhood priorities and community action plans; Locality Planning Partnerships, including the application of Community Investment and other internal and external funding for this purpose. 23 To support the progress of the Local Governance Review and Democracy Matters in relation to community empowerment and subsidiarity. 24 To support local organisations in the development of local democratic approaches, including community councils, community associations and community development trusts. 25 To develop and support North Ayrshire’s approach to participatory democracy. 26 To develop and support North Ayrshire’s approach to Participatory Budgeting, including grant awarding and mainstreaming. 27 To develop and support the national Youth Work strategy and maintain excellence in our work with young people. 28 To tackle child poverty through our work with children, young people and families.
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38 29 To develop and support the national Adult Learning Strategy and maintain excellence in our work with adults. 30 To innovate in relation to community engagement, e.g. Consul and Consultation Institute, including Centre of Excellence. 31 To support organisations and communities seeking to acquire Council assets in terms of the Council’s Asset Transfer Policy 32 To develop an Allotments Policy to support community aspirations. 33 To manage Participation Requests, Asset Transfer Requests, and Community Right to Buy Requests under the Community Empowerment (Scotland) Act 34 To ensure the design and delivery of community learning and development, including youth services, adult learning and community capacity building and empowerment, and take responsibility for the North Ayrshire Community Learning Plan. 35 To develop relationships and ensure the co-design and co-delivery of services with third and voluntary sector partners, though the Third Sector Interface and other approaches. 36 To develop and support the community and locality hub system, to support and work with citizens close to where they live. 37 To develop and support the North Ayrshire Food System. 38 To ensure the provision of an adequate library and information service which meets the needs of residents including the development of an enhanced digital offer. 39 To support arts and culture within and relating to North Ayrshire. 40 To support the aspirations of the artistic and cultural communities of North Ayrshire in pursuit of their aspirations. 41 To acquire whether by purchase, donation, bequest or exchange any items for the museum and art collections of the Council. 42 To grant permission to reproduce works of art and approve publications and to impose the appropriate charges for those artefacts and exhibits in the Council’s ownership. 43 To authorise the acceptability of gifts to art galleries or museums on behalf of the Council and to acknowledge the acceptability of these gifts. 44 To authorise the loan to outside bodies of works of art or museum exhibits, in consultation with the Head of Service (Finance) in relation to insurance arrangements. 45 To select, acquire and as necessary discard all books and other printed material, audio visual pictures, electronic images and other library material and all materials for museums, within the approved budget. 46 To let or arrange for the letting, hire and use of public and community halls, schools and
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39 sports facilities and the provision of entertainment and events approved by the Council within the remit of the service and accordance with the policies or practices and procedures of the Council. 47 To lead and develop for the CPP an Active Communities Strategy and Plan, designed to increase the amount and quality of physical activity experienced by North Ayrshire residents, for the benefit of their physical and mental health and well-being. 48 To develop a whole systems approach to inclusion in sports and physical activity, working with care experienced children and young people and their families. 49 Authorised to monitor the performance of North Ayrshire Leisure Trust/KA Leisure in delivering services in accordance with agreements between North Ayrshire Council and the Trust. 50 The management and delivery of Council sports and leisure facilities not operated by North Ayrshire Leisure Trust/KA Leisure. 51 Support for community events, festivals and activities. 52 To provide support and assistance to Community Councils, Community Associations and Community Development Trusts. 53 To provide discretionary grants to community organisations in pursuit of community interests. 54 To support North Ayrshire Ventures Trust, the Spiers Trust, Kilbirnie Loch Management Group, the Clyde Muirshiel Regional Park Committee, the Brodick Country Park Committee and other appropriate Community groups within North Ayrshire. 55 To develop and manage Eglinton Park and related open spaces. 56 Outdoor education including management and development of Arran Outdoor Education Resource Centre. 57 In accordance with the recommendations of the Locality Partnership made by consensus, or which failing, by the Elected Member or Members on the Locality Partnership in question, to agree and administer the disbursement of any grant or other financial payment to local organisations or individuals from within the area in terms of the relevant community development grant scheme, common good funds or other public trusts, subject to the following paragraph. 58 To agree in consultation with the Head of Service (Finance) to awards of grant or other disbursements from common good or trust funds which spend capital of the fund in excess of annual revenue, having regard to whether this would be likely to promote the objectives of the fund through maximising the amount spent to promote its objectives and minimising administration costs. 59 To name streets in consultation with the relevant Locality Partnership.
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40 Community and Locality Planning 60 To lead on a transformative whole system approach to community and locality planning, to reduce inequalities. 61 To lead on and support the development of the Fair for All Strategy 62 To support the development of the Child Poverty Report and Action Plan. 63 To design and implement the Council’s Community and Locality Planning arrangements with partners, including communities. 64 To gather and analyse demographic, performance and other data relating to North Ayrshire, its neighbourhoods, and its partners. 65 To provide support to Community Planning Partners in the co-design and co-delivery of the Locality Outcomes Improvement Plan and locality priorities. 66 To manage and administer the community and locality planning arrangements, including support to the CPP Board and Senior Officer Group. 67 To support the development of the Community Engagement and Consultation Centre of Excellence.
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41 9. Director of Health and Social Care Partnership North Ayrshire Council has delegated certain functions to the North Ayrshire Integration Joint Board, which has in turn delegated the following powers to the Director of the Health and Social Care Partnership as its Chief Officer. The Director of the Health and Social Care Partnership will act as both the Chief Officer of North Ayrshire Integration Joint Board and provide a single point of overall strategic leadership for North Ayrshire Health and Social Care Partnership. In recognition of the fact that the Health and Social Care Partnership will exercise Council functions (including functions relating to mental health and procurement) not otherwise delegated to the Integration Joint Board, the Council delegates to the Director of the Health and Social Care Partnership overall responsibility for the following Local Authority services not otherwise delegated to the Integration Joint Board: - • Social work services for adults and older people; • Services and support for adults with physical disabilities, learning disabilities; • Mental health services; • Drug and alcohol services; • Adult protection and domestic abuse; • Carers support services; • Community care assessment teams; • Support services; • Care home services; • Adult placement services; • Health improvement services; • Aids and adaptations and gardening services; • Day services; • Local area co-ordination; • Respite provision; • Occupational therapy services; • Re-ablement services, equipment and telecare. Local Additions • Criminal justice social work services • Children and families social work services • The Director is also responsible for and has delegated responsibility for certain services of NHS Ayrshire and Arran, both within North Ayrshire and on a pan- Ayrshire basis. This Scheme of Delegation only details those Council functions which are delegated. See the North Ayrshire Integration Scheme and the NHS Ayrshire and Arran Scheme of Delegation for details of specific NHS delegations The Director is responsible for the leadership and co-ordination, planning and policy and the strategic and operational management of the following functions: -
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42 1. National Assistance Act 1948 • Section 45 (The recovery of expenditure incurred under Part III of that Act where a person has fraudulently or otherwise misrepresented or failed to disclose a material fact). • Section 48 (The protection of property of a person admitted to hospital or accommodation provided under Part III of that Act.). 2. Matrimonial proceedings (Children) Act 1958 • Section 11 (Reports as to arrangements for future care and upbringing of children). 3. The Disabled Persons (Employment) Act 1958 • Section 3 (The making of arrangements for the provision of facilities for the purposes set out in section 15(1) of the Disabled Persons (Employment) Act 1944). 4. The Social Work (Scotland) Act 1968 • Section 1 (The enforcement and execution of the provisions of the Social Work (Scotland) Act1968.) • Section 4 (The making of arrangements with voluntary organisations or other persons for assistance with the performance of certain functions.) • Section 5 (Local Authorities to perform their functions under the Act under the guidance of the Secretary of State.) • Section 6B (Local Authority inquiries into matters affecting children.) • Section 8 (The conducting of or assisting with research in connection with functions in relation to social welfare and the provision of financial assistance in connection with such research.) • Section 10 (The making of contributions by way of grant or loan to voluntary organisations whose sole or primary object is to promote social welfare and making available for use by a voluntary organisation premises, furniture, equipment, vehicles and the services of staff.) • Section 12 (The promotion of social welfare and the provision of advice and assistance) except in so far as it is exercisable in relation to the provision of housing support services. • Section 12A (The assessment of needs for community care services, the making of decisions as to the provision of such services and the provision of emergency community care services.) • Section 12AZA (The taking of steps to identify persons who are able to assist a supported person with assessments under section 12A and to involve such persons in such assessments.) • Section 13 (The assistance of persons in need with the disposal of their work.) • Section 13ZA (The taking of steps to help an incapable adult to benefit from community care services.) • Section 13A (The provision, or making arrangements for the provision, of residential accommodation with nursing.) • Section 13B (The making of arrangements for the care or aftercare of persons suffering from illness.) • Section 14 (The provision or arranging the provision of domiciliary services and laundry services.)
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43 • Section 27 (Supervision and care of persons put on probation or released from prisons etc.) • Section 27ZA (Grants in respect of community service facilities.) • Section 28 (The burial or cremation of deceased persons who were in the care of the Local Authority immediately before their death and the recovery of the costs of such burial or cremation) so far as it is exercisable in relation to persons cared for or assisted under another delegated function. • Section 29 (The making of payments to parents or relatives of, or persons connected with, persons in the care of the Local Authority or receiving assistance from the Local Authority, in connection with expenses incurred in visiting the person or attending the funeral of the person.) • Section 59 (The provision of residential and other establishments.) • Section 78A (Recovery of contributions.) • Section 80 (Enforcement of duty to make contributions.) • Section 81 (Provisions as to decrees for ailment.) • Section 83 (Variation of trusts.) • Section 86 (The recovery of expenditure incurred in the provisions of accommodation, services, facilities or payments for persons ordinarily resident in the area of another Local Authority from the other Local Authority.) 5. The Children Act 1975 • Section 34 (Access and maintenance.) • Section 39 (Reports by local authorities and probation officers.) • Section 40 (Notice of application to be given to Local Authority.) • Section 50 (Payments towards maintenance of children.) 6. The Local Government and Planning (Scotland) Act 1982 • Section 24(1) (The provision, or making arrangements for the provision, of gardening assistance and the recovery of charges for such assistance.) 7. Health and Social Services and Social Security Adjudications Act 1983 • Section 21 (The recovery of amounts in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.) • Section 22 (The creation of a charge over land in England or Wales where a person having a beneficial interest in such land has failed to pay a sum due to be paid in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.) • Section 23 (The creation of a charging order over an interest in land in Scotland where a person having such an interest has failed to pay a sum due to be paid in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.)
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44 8. Foster Children (Scotland) Act 1984 • Section 3 (Duty of Local Authority to ensure well-being of and to visit foster children.) • Section 5 (Notification to Local Authority by persons maintaining or proposing to maintain foster children.) • Section 6 (Notification to Local Authority by persons ceasing to maintain foster children.) • Section 8 (Power of local authorities to inspect foster premises.) • Section 9 (Power of local authorities to impose requirements as to the keeping of foster children.) • Section 10 (Power of local authorities to prohibit the keeping of foster children.) 9. Disabled Persons (Services, Consultation and Representation) Act 1986 • Section 2 (The making of arrangements in relation to an authorised representative of a disabled person and the provision of information in respect of an authorised representative.) • Section 3 (The provision of an opportunity for a disabled person or an authorised representative of a disabled person to make representations as to the needs of that person on any occasion where it falls to a Local Authority to assess the needs of the disabled person for the provision of statutory services by the authority, the provision of a statement specifying the needs of the person and any services which the authority proposes to provide, and related duties.) • Section 7 (The making of arrangements for the assessments of the needs of a person who is discharged from hospital.) • Section 8 (Having regard, in deciding whether a disabled person’s needs call for the provision of services, to the ability of a person providing unpaid care to the disabled person to continue to provide such care.) 10. The Children (Scotland) Act 1995 • Section 17 (Duty of Local Authority to children looked after by them.) • Sections 19-27 (Provision of relevant services by Local Authority for or in respect of children in their area.) • Sections 29-32 (Advice and assistance for young person’s formerly looked after by local authorities; duty of Local Authority to review case of a looked after child; removal by Local Authority of a child from a residential establishment.) • Section 36 (Welfare of certain children in hospitals and nursing homes etc.) • Section 38 (Short term refuges for children at risk of harm.) • Section 76 (Exclusion orders.) 11. Criminal Procedure (Scotland) Act 1995 • Section 51 (Remand and committal of children and young persons.) • Section 203 (Where a person specified in Section 27(1)(b)(i) to (vi) of the Social Work (Scotland) Act 1968 commits an offence the court shall not to dispose of the case without first obtaining a Report from the Local Authority in whose area the person resides.) • Section 234B (Drug treatment and testing order.) • Section 245A (Restriction of liberty Orders.)
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45 • The Adults with Incapacity (Scotland) Act 2000 • Section 10 (The general functions of a Local Authority under the Adults with Incapacity (Scotland) Act 2000.) • Section 12 (The taking of steps in consequence of an investigation carried out under section 10(1)(c) or (d).) • Sections 37, 39-45 (The management of the affairs, including the finances, of a resident of an establishment managed by a Local Authority.) 12. The Adults with Incapacity (Scotland) Act 2000 • Section 10 (The general functions of a local authority under the Adults with Incapacity (Scotland) Act 2000.) • Section 12 (The taking of steps in consequence of an investigation carried out under section 10(1)(c) or (d).) • Sections 37, 39-45 (The management of the affairs, including the finances, of a resident of an establishment managed by a local authority.) 13. The Housing (Scotland) Act 2001 • Section 92 (assistance for housing purposes) only in so far as it relates to an aid or adaptation. 14. The Community Care and Health (Scotland) Act 2002 • Section 4 (The functions conferred by Regulation 2 of the Community Care (Additional Payments) (Scotland) Regulations 2002 in relation to the provision, or securing the provision, of relevant accommodation.) • Section 5 (The making of arrangements for the provision of residential accommodation outside Scotland.) • Section 6 (Entering into deferred payment agreements for the costs of residential accommodation.) • Section 14 (The making of payments to an NHS body in connection with the performance of the functions of that body.) 15. The Mental Health (Care and Treatment) (Scotland) Act 2003 • Section 17 (The provision of facilities to enable the carrying out of the functions of the Mental Welfare Commission.) • Section 25 (The provision of care and support services for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. • Section 26 (The provision of services designed to promote well-being and social development for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. • Section 27 (The provision of assistance with travel for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. • Section 33 (The duty to inquire into a person’s case in the circumstances specified in 33(2).) • Section 34 (The making of requests for co-operation with inquiries being made under
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46 section 33(1) pf that Act.) • Section 228 (The provision of information in response to requests for assessment of the needs of a person under section 12A(1)(a) of the Social Work (Scotland) Act 1968.) • Section 259 (The securing of independent advocacy services for persons who have a mental disorder.) 16. Management of Offenders etc. (Scotland) Act 2005 • Sections 10-11 (Assessing and managing risks posed by certain offenders.) 17. The Housing (Scotland) Act 2006 • Section 71(1)(b) (assistance for housing purposes) only in so far as it relates to an aid or adaptation. 18. Adoption and Children (Scotland) Act 2007 • Section 1 (Duty of Local Authority to provide adoption service.) • Sections 4-6 (Local Authority to prepare and publish a plan for the provision of adoption service; Local Authority to have regard to Scottish Ministers’ Guidance and; assistance in carrying out functions under sections 1 and 4.) • Sections 9-12 (Adoption support services.) • Section 19 (Local Authority’s duties following notice under section 18.) • Section 26 (Procedure where an adoption is not proceeding.) • Section 45 (Adoption support plans.) • Section 47-49 (Family member’s right to require review of an adoption support plan; cases where Local Authority under a duty to review adoption support plan and; reassessment of needs for adoption support services.) • Section 51 (Local Authority to have a regard to guidance issued by Scottish ministers when preparing or reviewing adoption support plans.) • Section 71 (Adoption allowances schemes.) • Section 80 (Application to court by Local Authority for the making of a Permanence Order.) • Section 90 (Precedence of court orders and supervisions requirement over permanence order.) • Section 99 (Duty of Local Authority to apply for variation or revocation of a permanence order.) • Section 10 (Notification requirements upon Local Authority.) • Section 105 (Notification requirements upon Local Authority where permanence order is proposed – relates to child’s father.) 19. The Adult Support and Protection (Scotland) Act 2007 • Section 4 (The making of enquiries about a person’s wellbeing, property or financial affairs.) • Section 5 (The co-operation with other Councils, public bodies and office holders in relation to inquiries made under section 4.) • Section 6 (The duty to have regard to the importance of providing advocacy services.) • Section 7-10 (Investigations by Local Authority pursuant to duty under section 4.) • Section 11 (The making of an application for an assessment order.)
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47 • Section 14 (The making of an application for a removal order.) • Section 16 (Council officer entitled to enter any place in order to move an adult at risk from that place in pursuance of a removal order) • Section 18 (The taking of steps to prevent loss or damage to property of a person moved in pursuance of a removal order.) • Section 22 (The making of an application for a banning order.) • Section 40 (The making of an application to the justice of the peace instead of the sheriff in urgent cases.) • Section 42 (The establishment of an Adult Protection • Committee.) • Section 43 (The appointment of the convener and members of the Adult Protection Committee.) 20. Children’s Hearings (Scotland) Act 2011 • Section 35 (Child assessment orders.) • Section 37 (Child protection orders.) • Section 42 (Application for parental responsibilities and rights directions.) • Section 44 (Obligations of Local Authority where, by virtue of a child protection order, child is moved to a place of safety by a Local Authority.) • Section 48 (Application for variation or termination of a child protection order.) • Section 49 (Notice of an application for variation or termination of a child protection order.) • Section 60 (Duty of Local Authority to provide information to Principal Reporter.) • Section 131 (Duty of implementation authority to require review of a compulsory supervision order.) • Section 144 (Implementation of a compulsory supervision order: general duties of implementation authority.) • Section 145 (Duty of implementation authority where child required to reside in a certain lace.) • Section 153 (Secure accommodation.) • Sections 166-167 (Requirement imposed on a Local Authority: review and appeal.) • Section 180 (Sharing of information with panel members by Local Authority.) • Section 183-184 (Mutual assistance.) 21. Social Care (Self-directed Support) (Scotland) Act 2013 • Section 5 (The giving of the opportunity to choose a self-directed support option.) • Section 6 (The taking of steps to enable a person to make a choice of self-directed support option.) • Section 7 (The giving of the opportunity to choose a self-directed support option.) • Section 8 (Choice of options: children and family members.) • Section 9 (The provision of information.) • Section 10 (Provision of information: children under 16.) • Section 11 (Giving effect to the choice of self-directed support option.) • Section 12 (Review of the question of whether a person is ineligible to receive direct payments.) • Section 13 (Offering another opportunity to choose a self-directed support option.) • Section 16 (The recovery of sums where a direct payment has been made to a person and the circumstances set out in section 16(1)(b) apply.) • Section 19 (Promotion of the options for self-directed support.)
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48 22. Carers (Scotland) Act 2016 • Section 6 (Duty to prepare adult carer support plan) • Section 21 (Duty to set local eligibility criteria for carer support • Section 24 (Duty to provide support • Section 25 (Provision of support to carers: breaks from caring) Section 31 (Duty to prepare local carer strategy) • Section 34 (Information and advice service for carers) • Section 35 (Short breaks services statements) 23. Miscellaneous Exercise the foregoing functions of the Council in terms of the following legislation which relate to the services detailed in the first paragraph hereof: - • Local Government (Scotland) Act 1973 • Local Government (Scotland) etc. Act 1994 • Local Government in Scotland 2003 • Regulation of Care (Scotland) Act 2001 • Equality Act 2010 • Human Rights Act 1998 • UN Convention on the Rights of the Child • Children (Scotland) Act 1995 • Mental Health (Care and Treatment) (Scotland) Act 2003 • Adults with Incapacity (Scotland) Act 2000 • Children and Young People Act 2014 • Public Bodies (Joint Working) (Scotland) Act 2014 24. Support the Chief Social Work Officer in the discharge of his or her specific functions. 25. On a recommendation of North Ayrshire Integration Joint Board and subject to consultation with the Chief Finance Officer of the Integration Joint Board to enter into contracts for the supply of goods and materials, the execution of works and the provision of services where there is adequate provision in the estimates and in accordance with the Standing Orders for Contracts (which currently provides for letting of contracts by officers where the expenditure is less than £1m.) or the contract is let in terms of a framework agreement to which the Council or Integration Joint Board is a party. 26. To lead the coordination of the Council’s response to the Prevent strand of the CONTEST counter-terrorism strategy.
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49 Chief Social Work Officer The duties of Chief Social Work Officer as set out in section 12D hereof will be undertaken by the Chief Officer so appointed.
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50 10. Executive Director (Place) The Executive Director (Place) has overall responsibility for the following services: - • Commercial Services including Waste Services, Roads and Engineering Services, Streetscene. Parks and Open Spaces, and Burial Grounds • Sustainability, Transport and Corporate Property including Sustainability, Corporate Transport Hub and Property Management & Investment. • Commercial Services including Waste Services, Roads and Engineering Services, Streetscene. Parks and Open Spaces, and Burial Grounds • Housing and Public Protection including Housing Services, Homelessness & Community Safety, Corporate and Public CCTV, Facilities Management (Catering, Cleaning, Janitorial, School Crossing Patrols and Public Conveniences), Building Services and Protective Services (Building Standards, Environmental Health, Trading Standards). • Economic Development and Regeneration including Business Support and Development; Regeneration; Planning; Commercial Estates, Employability and Skills and Economic Policy and Partnership. Waste Services 1. Authorised to exercise the functions of the Council in respect of the collection, recycling and disposal of Household Waste in accordance with the Environmental Protection Act 1990 and other legislation. 2. Authorised to exercise the functions of the Council in respect of the collection, recycling and disposal of Commercial Waste in accordance with the Environmental Protection Act 1990 and other legislation. 3. Specification of type of waste receptacles. 4. Set charges for services. 5. The removal and disposal of abandoned vehicles and other refuse in terms of the Refuse Disposal (Amenity) Act 1978. Streetscene 6. To sell or dispose of surplus vehicles and plant belonging to the Council. 7. Oversee: - • The Corporate Transport Hub including carrying out of repair to vehicles, plant, mechanical equipment as well as the operation of maintenance schedules; • The replacement of vehicles, plant and mechanical equipment within the Council’s policy in consultation with the appropriate Chief Officers and to act as the Council’s
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51 Transport Officer 8. To sign agreement forms for rental, hire or leasing of items of equipment where the rental or hire charge does not exceed £150,000pa unless otherwise provided for. 9. To operate a MOT Testing Station and garage for the repair and testing of vehicles owned or licensed by the Council. 10. To fulfil the requirements of the Transport Act 1968 and the Goods Vehicles (Licensing of Operators) Act 1995 in relation to any Operator’s Licence including: (a) Section 8 of the Goods Vehicles (Licensing of Operators) Act 1995 to apply for and publicise notice of the application for an operator’s licence; (b) Section 17 of the Goods Vehicles (Licensing of Operators) Act 1995 to apply for variations to an operator’s licence; (c) Section 95 of the Transport Act 1968 and subordinate legislation made thereunder to ensure that requirements relating to drivers’ hours are complied with; and (d) Section 98 of the 1968 Act and subordinate legislation made thereunder to ensure that requirements relating to the keeping of written records for drivers’ hours are complied with. 11. To provide and manage school transport in terms of section 32 of the Local Government etc. (Scotland) Act 1994, the Education (Scotland) Act 1996, the Standards in Schools etc. (Scotland) Act 2000. 12. To take such steps as are required to comply Road Traffic, Transport and Health and Safety requirements relating to services, transport and works provided by the Council, including without prejudice to the foregoing generality the provisions of the Road Traffic and Transport Acts, the Smoking, Health & Social Care (Scotland) Act 2005, Section 22 (c) of the Civic Government (Scotland) Act 1982, the Road Vehicles (Constructions and Use) Regulations 1996 and BS5423, the Compulsory Seat Belt Regulations, the Control of Vibration at Work Regulations 2005 - for external hire equipment/plant and the Provision and Use of Work Equipment Regulations 1998 (PUWER) - for external hire equipment/plant 13. To co-operate with Strathclyde Partnership for Transport in terms of Section 88 of the Transport Act 1985 to secure the best value for money, from expenditure on public passenger transport. 14. To provide burial services in terms of Burial Grounds (Scotland) Act and take all necessary action with regard to the supervision and management of the Council’s cemeteries and burial grounds including the sale of lairs etc. Roads and Engineering Services 15. Authorised to appoint officers for the enforcement of management rules for cemeteries, war memorials and public parks. 16. Provision, maintenance and emptying of litter bins in terms of the Litter Act 1983. 17. To remove and dispose of abandoned vehicles and recover expenses for their removal, to remove and dispose of refuse other than a motor vehicle and to enter land at any reasonable
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52 time in terms of the Refuse Disposal (Amenity) Act 1978. 18. The regulation of the use of parks, open spaces, civic spaces and pedestrian precincts, cemeteries and other similar facilities. 19. The exercise of any functions of the Council required in terms of management rules approved by the Council under the Civic Government (Scotland) Act 1982. The exercise of enforcement powers in respect of legislation governing littering, fly tipping, fly posting, dog fouling and the parks management rules. 20. Authorised to appoint officers to issue fixed penalty notices for litter, dog fouling, fly tipping and fly posting offences via any relevant departmental officers within appropriate delegated authority. 21. Authorised to let or arrange for letting, hire, maintenance and use of playing fields in accordance with policies, practices and procedures and subject to the charges fixed from time to time by the Council. 22. To exercise the operational management of functions detailed in the following legislation, any subordinate legislation made thereunder and any subsequent or similar legislation or replacing or expanding legislation, including service of any notices required thereunder: - • Coast Protection Act 1949, • Roads (Scotland) Act 1984, • Roads Traffic Regulation Act 1984, • Disabled Persons Parking (Scotland) 2009, • Flood Prevention (Scotland) Act 1961 • Flood Prevention and Drainage (Scotland) Act 1997, • Flood Risk Management (Scotland) Act 2009, • Transport (Scotland) Act 2005 2019 • New Roads and Street Works Act 1991 23. Authorised, after consultation with the Chief Constable and the Chief Executive to make, revoke or vary orders and schemes under the following legislation, providing no objections are received: - • Road Traffic Regulation Act 1984 • Section 68, 69, 70, 71 of the Roads (Scotland) Act 1984 24. Authorised to grant wayleaves in respect of public utilities. 25. Authorised to carry out function of the Road Safety Officer in conjunction with the Chief Constable.48. Authorised to deal with all requests for information in connection with grant applications made under section 8 of the Railways Act 1974 (Grants to assist in the provision of facilities for freight haulage by rail). 26. Authorised to carry out the functions and duties of Harbour Authority and through the appointed Roads Manager, the functions of Harbour Manager under the Harbours Act 1964, the Millport Piers Order, and the Saltcoats Harbour Act in relation to piers, 27. Authorised to exercise functions of the Council under section 12 of the Roads (Scotland) Act 1984 in relation to the stopping up or diversion of highways, crossing or entering routes of
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53 proposed new highways harbours and navigable rivers. 28. Authorised after consultation with the Chief Executive to agree terms for bridge agreements with the relevant Railway body and terms of discharge of the Councils liability for annual maintenance and renewal charges in that connection. 29. Authorised after consultation with the Chief Constable to consider and, where acceptable in road safety terms, approve locations for advertisements on road safety barriers and similar structures subject to the necessary consents being obtained in respect of Planning Approval. 30. Authorised to make arrangements for the management of car parks etc including granting their use or part thereof to other persons and bodies, and the imposition or waiving of charges for such use. 31. To carry out the functions of the Council in terms of Section 4, 5, 8, 12 and 25 of the Coast Protection Act 1949. 32. Authorised in terms of the Health and Safety at Work Act 1974 and the Electricity at Work Regulations 1989 to carry out all duties set out in the statements of responsibilities for (health, safety and welfare in places of work) and the general statement of policy and health and safety at work issued in 1985 as amended. 33. Authorised to respond to consultation for applications for planning development control where these relate to roads and flooding issues. 34. Carry out the functions of the Council under the Transport (Scotland) Act 2005 and associated legislation and amendments, including enforcement and imposition of penalties as prescribed in the Act and the relevant Code of Practice Property Management & Investment 35. To manage the Council’s physical assets including management of non- operational and operational land and buildings. Authorised to proceed with the repairs and maintenance to the Councils operational property portfolio in accordance with relevant approved policies and the Council’s Property Asset Management Plan. 36. Authorised to proceed with the repairs and maintenance to the public realm. 37. Subject to the Councils Standing Orders relating to contracts to arrange for the demolition and clearance of buildings declared surplus by the Council where this is to be considered in the interest of the Council, and subject to advising the relevant Cabinet Member and local Elected Members. 38. Authorised to apportion office accommodation amongst Council services and to arrange for any necessary alterations or adaptations to such accommodation. 39. Authorised to ensure the proper application of the Council’s Property Asset Management Strategy with respect to property including space standards etc.
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54 40. To maintain the Council’s Property Asset Register and keep a record of all property assets owned by the Council. 41. Authorised to enter into wayleaves, servitudes and leases with statutory bodies and other providers of utility services and telecommunication services who require rights over land for particular purposes Authorised to negotiate and settle all claims arising from the exercise of the Councils powers - to enter upon and take land in the discharge of statutory powers. Sustainability 42. To monitor the energy performance of buildings in terms of the Energy Performance or Buildings (Scotland) Regulations 2008. 43. To undertake Council functions relating to carbon reduction and climate control in terms of the Climate Change (Scotland) Act 2009 amended by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. Transport Hub 1. To sell or dispose of surplus vehicles and plant belonging to the Council subject to the Council’s Standing Orders for Contracts and appropriate policies. 2. Oversee: - • The Corporate Transport Hub including carrying out of repair to vehicles, plant, mechanical equipment as well as the operation of maintenance schedules; • The replacement of vehicles, plant and mechanical equipment in accordance with the Council’s Fleet Asset Management Plan in consultation with the appropriate Chief Officers and to act as the Council’s Transport Officer 3. To sign agreement forms for rental, hire or leasing of items of equipment where the rental or hire charge does not exceed £150,000pa in accordance with the Council’s Standing Orders for Contracts and appropriate policies. 4. To operate a MOT Testing Station and garage for the repair and testing of vehicles owned or licensed by the Council.
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55 5. To fulfil the requirements of the Transport Act 1968 and the Goods Vehicles (Licensing of Operators) Act 1995 in relation to any Operator’s Licence including: (a) Section 8 of the Goods Vehicles (Licensing of Operators) Act 1995 to apply for and publicise notice of the application for an operator’s licence; (b) Section 17 of the Goods Vehicles (Licensing of Operators) Act 1995 to apply for variations to an operator’s licence; (c) Section 95 of the Transport Act 1968 and subordinate legislation made thereunder to ensure that requirements relating to drivers’ hours are complied with; and (d) Section 98 of the 1968 Act and subordinate legislation made thereunder to ensure that requirements relating to the keeping of written records for drivers’ hours are complied with. 6. To provide and manage school transport in terms of section 32 of the Local Government etc. (Scotland) Act 1994, the Education (Scotland) Act 1996, the Standards in Schools etc. (Scotland) Act 2000. 7. To take such steps as are required to comply Road Traffic, Transport and Health and Safety requirements relating to services, transport and works provided by the Council, including without prejudice to the foregoing generality the provisions of the Road Traffic and Transport Acts, the Smoking, Health & Social Care (Scotland) Act 2005, Section 22 (c) of the Civic Government (Scotland) Act 1982, the Road Vehicles (Constructions and Use) Regulations 1996 and BS5423, the Compulsory Seat Belt Regulations, the Control of Vibration at Work Regulations 2005 - for external hire equipment/plant and the Provision and Use of Work Equipment Regulations 1998 (PUWER) - for external hire equipment/plant 8. To co-operate with Strathclyde Partnership for Transport in terms of Section 88 of the Transport Act 1985 to secure the best value for money, from expenditure on public passenger transport. Housing 44. Authorised to manage the Councils housing stock within approved policies. 45. The allocation of housing (including the allocation of pitches to Travelling Persons and the letting of garages and decisions on homelessness priority and the allocation of housing to homeless applicants in accordance with the Council’s policy as required in terms of the Housing (Scotland) Acts 1987, 2001 and 2014 and the Homeless etc. (Scotland) Act 2003, and any subsequent legislation relating to Housing Services. 46. Undertake the Councils statutory responsibilities in terms of the prevention of Homelessness and Homelessness provision in line with the Housing Scotland Act 1987 as amended. 47. Authorised to sign missives of let issued under the terms of the Housing (Scotland) Act 1987. 48. Authorised to exercise powers with respect to sub-standard housing under the Civic Government (Scotland) Act 1982 and the Housing (Scotland Act 2006 49. Authorised to exercise powers with respect to closing and demolition orders under the Housing (Scotland Act 2006.
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56 50. Authorised to exercise powers with respect to houses in multiple occupation under the Housing (Scotland Act 2006. 51. Authorised to exercise powers with respect to compensation payments under sections 304 - 310 of the Housing (Scotland) Act 1987. 52. Authorised to agree, recharge and recover amounts payable by private owners as part of common repairs involving Council property. 53. Authorised to sign notices of proceedings and notices to quit to raise proceedings for repossession of dwelling housing. 54. Authorised to exercise powers with respect of regulation of private landlords as required under the Anti-Social Behaviour etc (Scotland) Act 2004 - Section 7 and 8. 55. Control and monitoring of the Housing Revenue Account Capital and Revenue budgets. 56. Making payments in respect of tenants/resident’s groups, re-decoration grants, ex- gratia payments and similar such payments. 57. Authorise payments of grants applicable in terms of the Housing (Scotland) Act 2001 and 2006, relative to the improvement of houses; 58. Providing out of hours emergency services for homeless persons, urgent repairs etc. 59. Consulting with tenants/residents’ groups on housing issues. 60. Ordering, managing, performing and inspection of repairs and improvements to ensure that housing stock meets the Scottish Housing Quality Standard and Energy Efficiency Standards for Social Housing wherever practicable. 61. Arrange for the routine maintenance and repair of and to implement programmes of planned maintenance as previously approved by the Council has also emergency repair to Council’s housing stock for which adequate provision is made in the Estimates and, where such maintenance, repair etc. cannot be undertaken directly by the Council’s workforce, to engage contractors from approved lists by competitive tender as required; • Arrange for routine, planned, reactive and emergency maintenance and repair of Council housing stock as required in accordance with approved asset management plans and other relevant policy. Also to arrange to engage contractors from approved lists by competitive tender for such works, as required and where there works cannot be undertaken directly by the Council’s workforce. 62. Determining in accordance with relevant legislation or Council policy requests for succession of tenancies, mutual exchanges, lodgers, sub-letting, alterations etc. 63. Providing a factoring service for purchasers of Council houses and recovering appropriate charges. 64. Making representations to the Scottish Government and other appropriate Government Bodies and Agencies, where appropriate, to maximise prospects of improving housing provision within the area.
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57 65. Preparing the Councils Local Housing Strategy, Strategic Housing Investment Plan and other strategic documents and monitoring their implementation. 66. Assessment of general needs and special housing needs in liaison with other services and agencies. 67. Maintaining all buildings, furniture, equipment etc under his/her control and ensuring safety checks and procedures etc. are undertaken. 68. Ensuring proper arrangements are in place in respect of statutory compliance for housing properties in relation to issues such as Asbestos, Legionella etc. 69. Act as the Proper Officer in terms of Section 193 and 194 of the Act for the purposes of granting leases and serving notices all in terms of Part 3 of the Housing (Scotland) Act 1987. 70. To provide services to travelling persons including the management and maintenance of a site for travelling persons. 71. Managing and supporting unauthorised encampments of gypsies, travellers and others within North Ayrshire. 72. Authorised to appoint, and authorise as appropriate, officers to ensure that enforcement and administration of statutory responsibilities. 73. Authorised to determine applications for repair and improvement grants in line with the provisions of the Housing (Scotland) Act 2001 and related legislation and Council policy and procedure. 74. In consultation with the Head of Democratic Services to serve notices and undertake court proceedings to recover possession of heritable property or arrears of rent. 75. Supporting the provision of good quality temporary and interim accommodation for vulnerable households including, women experiencing violence, homeless people and young people leaving care in line with the Unsuitable Accommodation Order 2004 as amended. 76. Authorised to provide Housing Options Advice and Information in line with Statutory Guidance. 77. Authorised to facilitate access to Private Sector Housing including the provision of Rent Deposit Guarantees. 78. Authorised to provide Housing Support in line with the Housing Support Duty 2013 in line with Statutory Guidance. 79. Authorised, as proper officers in terms of s338 of the Housing (Scotland) Act 1987, to assess property condition in relation to the tolerable standard". Community Safety and Public Protection
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58 79. To install and manage public and corporate close circuit television (CCTV) in accordance with relevant legislation. 80. Carry out any duties required in relation to antisocial behaviour in terms of the Antisocial Behaviour etc. (Scotland) Act 2004. Building Standards 81. Authorised to carry out all Building Standards functions of the Council in terms of the following legislation: - The Building (Scotland) Act 2003 The Building Standards (Scotland) Regulations 2004 The Civic Government (Scotland) Act 1982 The Licensing (Scotland) Act 2005 82. Exercise the functions of the Council in relation to granting Building Warrants ensuring that the building regulations for the construction of new buildings and for the alteration, extension, conversion or demolition of existing buildings are met. 83. Exercise the functions of the Council in relation to defective and dangerous buildings in accordance with sections 28, 29 & 30 of the Building (Scotland) Act 2003. 84. Evacuate buildings and carry out works in case of immediate danger where necessary in accordance with section 42 and section 29 of the Building (Scotland) Act 2003. 85. Exercise the functions of the Council in relation to compliance and enforcement of unauthorised works and require buildings to comply with Building Standards Regulations. 86. To assist in the determination of applications for Houses in Multiple Occupation lodged under the Civic Government Scotland Act 1982. 87. To assist the Licensing Authority and other Services with the Short-Term Let Licensing scheme under the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32 88. To develop programmes and projects with appropriate partners which support NA’s economic priorities and to secure funds from the European Union (ERDF, ESF) or any replacement thereof, including the Shared Prosperity Fund.. 89. To manage European (or any replacement thereof including the Shared Prosperity Fund) funded programmes and ensure that delivery is compliant with the terms of the funding agreement and Scottish or UK Government rules. 90. To authorise and apply for external funding that supports the economic development, growth or regeneration of North Ayrshire. 91. To authorise grants and loans to support growth, sustainment and development of local businesses and organisations and in accordance with the objectives of the North Ayrshire Economic Development and Regeneration Strategy and the Ayrshire Regional Economic Strategy.
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59 92. To manage the Employability Services of the council, including entering into contracts with third party providers and potential employers and to offer employment related advice and assistance. 93. To manage the Council’s Modern Apprentice programme, Supported Employment Programme, Skills for Life programmes and other employability programmes supporting people into and sustaining employment in the Council and or other employers. 94. To manage funded employability programmes, such as – Better Off North Ayrshire, including entering into contracts with third party providers and to offer money and household budgetary related advice and assistance. 95. To authorise and provide grants within budget parameters to support business start-up, growth and sustainability 96. To manage the Councils business loan programme via West of Scotland Loan Fund and Business Loans Scotland 97. To manage and deliver the Councils approved International Strategy 98. To manage and deliver the Councils Social Enterprise Strategy 99. To develop the Team North Ayrshire Approach to business development and. work with partners to deliver increased support to business. 100. To deliver the services as set out in the Scottish Government approved Business Gateway Contract for North Ayrshire 101. To respond to inward investment enquiries that have potential to bring new jobs to NA. 102. To promote North Ayrshire and its specific sites and locations for new business investment. 103. To commission and provide economic research, strategy and evidence to support the development of Council and Partnerships strategies and policy. 104. To participate in research and studies. 105. To develop economic strategy for the Council and partners. 106. To develop the Council’s ambitions for Community Wealth Building (CWB) including support for the work of the CWB Commission, implementation of the Community Wealth Building Strategy and development of Ayrshire Growth Deal CWB proposals. 107. To promote the economic needs of North Ayrshire and inform future government policy and priorities including replacement EU funds and national infrastructure investment decisions.
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60 Planning The Scheme of Delegation is prepared in accordance with the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006, and with the provisions of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008. 108. Notwithstanding the provisions of Section 50G (2) of the Local Government (Scotland) Act 1973, in terms of Regulation 3 of the Town and Country Planning (Scheme of Delegation and Local Review Procedure (Scotland) Regulations 2013 the following functions are hereby delegated, namely, the determination of planning applications for Local Developments as defined in Regulation 2(2) of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009, as provided for in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997 (hereinafter referred to as the “1997 Act”) excepting always therefrom the applications where the Planning Authority themselves decide to determine the application in terms of Section 43A(6) of the 1997 Act. Planning Committee Call-in Procedures are more specifically detailed in paragraph 26.3 of the Standing Orders for Meetings and Proceedings of the Council. 109. Where otherwise not provided for, to determine applications in terms of Part III (Development Management) of the 1997 Act as amended where: - a. the determination is not contrary to the Development Plan b. a decision to grant permission for the proposed development would not be inconsistent with a previous refusal of the Council on applications relating to the same site; or c. all appropriate consultations have been carried out and all necessary notice has been given and no material planning objections have been received: - • from members of the public • from other services of the Council • from any Community Council, and • from any other public authority concerned, any of which cannot be resolved by conditions or amended proposals. 110. To administer the provision of Part VI (Enforcement) and Part VII (Trees) of the 1997 Act and to determine applications. 111. Decline to determine an application in accordance with Section 39 of the 1997 Act relating to similar applications submitted within two years of a refusal or appeal dismissal. 112. Vary planning permissions granted where the variation sought is considered not to be material. Alter or add conditions to applications which the relevant Committee has decided it is minded granting, where such changes are required as a result of subsequent responses from statutory or technical consultees and which do not raise significant new issues requiring to be considered by the Committee. 113. Agree the discharge of planning conditions where the terms of the condition have been fulfilled. 114. To determine any application for advertisement consent under Regulations in terms of Section
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61 182 of the 1997 Act to the displays of advertisements. 115. Subject to any condition considered appropriate to determine any submission required by a Development Order or by conditions imposed on the grant of planning permission. 116. To determine applications for listed building consent and conservation area consent in terms of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and relevant Regulations. 117. Issue decision notices where the Scottish Ministers have made a Direction requiring the Planning Authority to refuse an application and where the Planning Authority has accordingly no alternative. 118. Evaluate applications and determine whether an Environmental Impact Assessment is required and where so, scope. 119. Issue planning contravention notices where information is required to establish whether a breach of planning control has occurred and Breach of Condition Notices where an applicant has failed to comply with a condition of a Planning Permission or other consent. 120. Determine whether or not to grant prior approval of the siting, design or external appearance of telecommunication masts or demolition of dwelling houses, which thereby constitutes permitted development. 121. Make observations on behalf of the Planning Authority on routine proposals by statutory undertakers or on routine consultations to the Council as Planning Authority. 122. Determine applications for certificate for proposed and existing lawful use and development. 123. Determine applications for hazardous substance consent. 124. Authorise minor amendments to Section 75 Obligations where the change sought is not considered material and where such a change accords with any policy or decision of the Council. 125. Represent the Council at Inquiries or Hearings to the Scottish Ministers under the Planning Legislation. 126. Confirm provisional Tree Preservation Orders, where no objections have been received. Authorise grants, where contained within existing budgets for listed buildings, properties in the conservation areas and externally supported schemes. 127. Authorise grants within policy and budget for improvements to landscape and the environment. 128. Respond to consultations on planning applications from neighbouring planning authorities and make observations on consultations to the Council as Planning Authority. 129. Prepare and issue documents as part of the Local Development Plan process following formal approval of the various stages as set out in Part 2 of the Town and Country Planning (Scotland) Act 1997, as amended.
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62 130. Maintain statutory registers and lists. 131. To respond on behalf of the Council to Historic Buildings and Monuments Directorate regarding a listing of buildings or architectural or historic interest. 132. To respond on behalf of the Council to the Forestry Commission regarding consultations on forestry applications. 133. To respond to consultations from adjoining Councils regarding plans or planning applications in their area. 134. To determine applications under the High Hedges (Scotland) Act 2014. 135. To exercise the functions of the Council under Section 85 and Section 97 relating to street numbering in terms of Civic Government (Scotland) Act 1982 (street naming determined by Committee). 136. To exercise the functions delegated to the Council under sections 5,8,11 and 16 of the Marine (Scotland) Act 2010, namely the preparation, amendment, and review of a regional marine plan and monitoring of implementation and periodical reporting on such regional marine plan 137. In relation to a Regional Spatial Strategy, to prepare and issue documents and to keep under review in terms of Section 4ZA-C of the Town and Country Planning (Scotland) Act 1997, (or where the Strategy relates to more than one planning authority area, to jointly do so in liaison with those other Planning Authorities); 138. To support local communities as required in the preparation or review of a Local Place Plan, in terms of section both 15 A of the Town and Country Planning (Scotland) Act 1997, and any regulations made thereunder. 139. In relation to an Open Space Strategy, to prepare and issue documents and to keep under review in terms of Section 3G of the Town and Country Planning (Scotland) Act 1997; 140. In relation to Master Plan Consent Areas, to prepare and issue documents and to keep under review in terms of Section 54A-F of the Town and Country Planning (Scotland) Act 1997; 141. In relation to a Forestry and Woodland Strategy to prepare and issue documents and to keep under review in terms of Section A159 of the Town and Country Planning (Scotland) Act 1997; Building Standards 142. Authorised to carry out all Building Standards functions of the Council in terms of the following legislation: - • The Building (Scotland) Act 2003 • The Building Standards (Scotland) Regulations 2004 • The Civic Government (Scotland) Act 1982 • The Licensing (Scotland) Act 2005 143. Exercise the functions of the Council in relation to granting Building Warrants ensuring that the building regulations for the construction of new buildings and for the alteration, extension,
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63 conversion or demolition of existing buildings are met. 144. Exercise the functions of the Council in relation to defective and dangerous buildings in accordance with sections 28, 29 & 30 of the Building (Scotland) Act 2003. 145. Evacuate buildings and carry out works in case of immediate danger where necessary in accordance with section 42 and section 29 of the Building (Scotland) Act 2003. 146. Exercise the functions of the Council in relation to compliance and enforcement of unauthorised works and require buildings to comply with Building Standards Regulations. 147. To assist in the determination of applications for Houses in Multiple Occupation lodged under the Civic Government Scotland Act 1982. 148. To undertake functions relating to the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987, the functions of the Council in relation to safety of covered spectator viewing facilities at or within sports ground in terms of the Fire Safety and Safety of Places of Support Act 1987. 149. Exercise the functions as Building Standards Authority in terms of issuing certificates of suitability under section 50 of the Licensing (Scotland) Act 2005. 150. Grant or refuse clearance certificate applications for building warrants under the Building (Scotland) Act 1959 and accept or reject certificates of completion under the Building (Scotland) Act 2003, subject to a right of appeal to the Sheriff Court. 151. Grant extensions to the life of building warrants. 152. Exercise the functions of the Council by maintaining and making available for public inspection at all reasonable times a Building Standards Register. 153. To respond on behalf of the Council, on matters relating to disability access in and around buildings, to the North Ayrshire Access Panel. 154. To determine all applications for raised structures in terms of section 89 of the Civic Government (Scotland) Act 1982 155. To manage the Safety Advisory Group and support the effective planning for significant events effecting North Ayrshire through effective liaison with partners. 156. To assist the Licensing Authority and other Services with the Short-Term Let Licensing scheme under the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32 Environmental Health and Trading Standards 157. To undertake the functions of the Council relating to Environmental Health and Trading Standards 158. To assist in the determination of applications lodged under the following statutes in conformity with Council or Licensing Board policies.
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64 a. Animal Health & Welfare (Scotland) Act 2006 b. Civic Government (Scotland) Act 1982 c. Control of Pollution Act 1974 d. Environmental Protection Act 1990 e. Environment Act 1995 f. European Communities Act 1972 g. Health and Safety at Work etc Act 1974 h. Licensing (Scotland) Act 2005 (Section 50) i. Local Government (Scotland) Act 1973 j. Local Government etc. (Scotland) Act 1994 k. Local Government in Scotland Act 2003 l. Tobacco & Primary Medical Sales (Scotland) Act 2010 m. Petroleum (Consolidation) Regulations 2014 n. Tobacco & Primary Medical Sales (Scotland) Act 2010 o. Explosives Regulations 2014 p. Poisons Act 1972 159. To immediately suspend licenses where necessary for the purposes of public safety. 160. To authorise officers to exercise the powers and duties of an inspector and authorised officer under the legislation listed in paragraph 51 hereof (including the powers of entry, inspection, sampling, purchasing of goods and services, opening containers, seizure, serving notices and initiating prosecutions where appropriate) and including the power to issue notices (including suspension notices, improvement notices, prohibition notices, emergency prohibition notices, abatement notices, enforcement notices, remediation notices and other such notices under the legislation detailed in the following paragraph). 161. To exercise the Trading Standards and Environmental Health functions of the Council in terms of the following legislation, including the provision of education, mediation or enforcement: Consumer Protection • Consumer Rights Act 2015 • Timeshare Act 1992 • Unsolicited Goods and Services Act 1971 • Enterprise Act 2002 (Part 8) • Consumers, Estate Agents and Redress Act 2007 • European Communities Act 1972 Associated legislation made under this Act including: • Package Travel, Package Holidays and Package Tours Regulations 1992 Consumer Credit and Estate Agency • Consumer Credit Act 1974 • Estate Agents Act 1979 • Consumers, Estate Agents and Redress Act 2007 • European Communities Act 1972 Consumer Safety
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65 • Consumer Protection Act 1987 (parts II & IV) • Poisons Act 1972 • Medicines Act 1968 (ss53, 54 & 66) • Motorcycle Noise Act 1987 • Tobacco Advertising and Promotion Act 2002 • Tobacco and Primary Medical Services (Scotland) Act 2010 • Health (Tobacco, Nicotine etc., and Care) (Scotland) Act 2016, Chapters 1 and 2 • Fireworks Act 2003 • Tobacco and Primary Medical Services (Scotland) Act 2010 • Fireworks Act 2003 • Antisocial Behaviour (Scotland) Act 2004 (ss122-125) • Road Traffic Act 1988 (section 17) • European Communities Act 1972 Associated legislation made under this Act including: • General Product Safety Regulations 2005 • Construction Products Regulations 1991 • Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 • Gas Appliances (Safety) Regulations 1995 • REACH Enforcement Regulations 2008 • Supply of Machinery (Safety) Regulations 1992 • Electromagnetic Compatibility Regulations 1992 • Personal Protective Equipment (EC Directive) Regulations 1992 • Electro-medical Equipment (EEC Requirements) Regulations 1988 • Recreational Craft Regulations 1996 • Simple Pressure Vessels (Safety) Regulations 1991 • Medical Devices Regulations 1994 • Pressure Equipment Regulations 1999 • Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 • Boiler (Efficiency) Regulations 1993 Unfair Trading • TradeMarks Act 1994 • Copyright, Designs and Patents Act 1988 • Copyright etc and TradeMarks (Offences and Enforcement) Act 2002 • Prices Acts 1974 and 1975 • Video Recordings Act 1984 by virtue of Video Recordings Act 2010 • Housing (Scotland) Act 2006 (Part 3) • Olympic Symbol (Protection) Act 1995 • Energy Act 1976 • Education Reform Act 1988 (ss214-216) • Telecommunications Act 1984 (s30) • Hallmarking Act 1973 • European Communities Act 1972 Associated legislation made under this Act including: • Consumer Protection from Unfair Trading Regulations 2008 • Business Protection from Misleading Marketing Regulations 2008 o Textile Products (Indications of Fibre Content) Regulations 1986 o Footwear (Indications of Composition) Labelling Regulations 1995 o Provision of Services Regulations 2009
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66 Agriculture • Agriculture Act 1970 (Part IV) • Feed Hygiene Regulation 183/2005 • Agriculture (Miscellaneous Provisions) Act 1968 • European Communities Act 1972 Associated legislation made under this Act including: • Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 • Official Food and Feed Controls (Scotland) Regulations 2009 • Animal By-Products (Enforcement) (Scotland) Regulations 2011 Animal Health • Animal Health Act 1981 • Protection of Animals (Scotland) Act 1912 • Animal Health and Welfare (Scotland) Act 2006 • Bluetongue (Scotland) Order 2008 [Article 3(2)] • Bluetongue (Scotland) Amendment Order 2008 [Article 16A (2)] • Welfare of Farmed Animals (Scotland) Regulations 2010 • Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 • European Communities Act 1972 Associated legislation made under this Act including: • Animal By-Products (Enforcement) (Scotland) Regulations 2011 • The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008. Metrology • Weights and Measures Acts 1976 and 1985 • European Communities Act 1972 Associated legislation made under this Act including: • Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006 • Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006 • Measuring Instruments (Automatic Catchweighers) Regulations 2006 • Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006 • Measuring Instruments (Beltweighers) Regulations 2006 • Measuring Instruments (Capacity Serving Measures) Regulations 2006 • Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006 • Measuring Instruments (Material Measures of Length) Regulations 2006 • Measuring Instruments (Cold-water Meters) Regulations 2006 • Measuring Instruments (Liquid Fuel delivered from Road Tankers Regulations 2006 • Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 Non-automatic Weighing Instruments • Non-automatic Weighing Instruments Regulations 2000
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67 Environment • Clean Air Act 1993 (s30) including the determination of chimney heights, implementation of smoke control areas and prevention of emission of dark smoke and smoke nuisance • Food and Environment Protection Act 1985 (Part III) • Control of Pesticides Regulations 1986 • Pesticides Act 1988 • European Communities Act 1972 Associated legislation made under this Act including: • Packaging (Essential Requirements) Regulations 2003 • Plant Protection Products (Scotland) Regulations 1995 • Energy Information (Washing Machines) Regulations 1996 • Energy Information (Refrigerators and Freezers) Regulations 1997 • Energy Information (Dishwashers) Regulations 1999 • Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 • Energy Information Regulations 2011. • Control of Pollution Act 1974 • Noise and Statutory Nuisance Act 1993 • Radioactive Substances Act 1993 • Antisocial Behaviour (Scotland) Act 2004 Part 5 Noise • Water Services etc. (Scotland) Act 2005 in relation to odour from sewerage treatment plants • Environmental Protection Act 1990 • Environment Act 1995 • Waste (Scotland) Regulations 2012 • Clean Air Act 1993 • Air Quality Limit Values (Scotland) Regulations 2003 • The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003 • Food and Environment Protection Act 1985 Health and Safety • Petroleum (Consolidation) Regulations 2014 • Health and Safety at Work etc. Act 1974 and Regulations made thereunder • Dangerous Substances and Explosive Atmospheres Regulations 2002 • Explosives Act 1875 • Manufacture and Storage of Explosives Regulations 2005 • Biocidal Products Regulations 2001 • European Communities Act 1972 • Health and Safety at Work etc. Act 1974 • Offices Shops and Railway Premises Act 1963 • Radioactive Substances Act 1993 Associated legislation made under this Act Food Safety • Food and Environmental Protection Act 1985 • Food Safety Act 1990 • Food Hygiene (Scotland) Regulations 2006
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68 • The Official Feed and Food Control (Scotland) Regulations 2009 • The Food Information (Scotland) Regulations 2014 Food (Scotland) Act 2015 • The Food Information (Scotland) Regulations 2014 • The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 • European Communities Act 1972 Associated legislation made under this Act including: • The TSE (Scotland) Regulations 2010 • The Trade in Animal and Related Products (Scotland) Regulations 2012 • The Products of Animal Origin (Third Country Imports) (Scotland Regulations 2006 • The Products of Animal Origin (Import and Export) Regulations 1996 • The Contaminants in Food (Scotland) Regulations 2013 • Animal By-products (Enforcement) (Scotland) Regulations 2013 Public Health • Public Health etc. (Scotland) Act 2008 • National Assistance Act 1948 • Sewerage (Scotland) Act 1968 • Prevention of Damage by Pests Act 1949 • Dog Fouling (Scotland) Act 2003 • Smoking Health and Social Care (Scotland) Act 2005 • The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 • International Health Regulations 2005 • Public Health (Ships) (Scotland) (Amendment) Regulations 2007 • Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 • Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2006 • Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 • Burial & Cremation (Scotland) Act 2016 (Section 87) Housing • Housing (Scotland) Act 1987 • Housing (Scotland) Act 2006 Licensing – Animal • Pet Animals Act 1951/83 • Animal Boarding Establishments Act 1963 • Breeding of Dogs Act 1973/91 • Dangerous Wild Animals Act 1976 • Riding Establishments Act 1964/70 • Zoo Licensing Act 1981 • Licensing of Animal Dealers (Young Cats & Dogs) (Scotland) Regulations 2009 Licensing - Leisure • Caravan Sites and Control of Development Act 1960 • Cinemas Act 1985 • The Licensing of Relevant Permanent Sites (Scotland) Regulations 2016 Licensing - Safety • Petroleum (Consolidation) Regulations 2014 • Manufacture and Storage of Explosives Regulations 2005 • Poisons Act – 1972 Licensing Food • Deer (Scotland) Act 1996
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69 • Game Licences Act 1860 Licensing - Civic Government (Scotland) Act 1982 • Civic Government (Scotland) Act 1982 – Parts I, II, III, V and IX • Theatres Act 1968 168. Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32 Public Health Licensing • Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006. • Civic Government (Scotland) Act 1982 Part II (Public Entertainment Licences– Sunbeds) • The Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009 Water • Water (Scotland) Act 1980 • Water Act 1989 • Water Services (Scotland) Act 2005 • Private Water Supplies (Scotland) Regulations 2006The Water Supplies (Water Quality) (Scotland) Regulations 2014 • The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 Contaminated land • Environmental Protection Act 1990 • Environment Act 1995 • Control of Pollution Act 1974 • Contaminated Land (Scotland) Regulations 2000/2005 Dog Control • Environmental Protection Act 1990 (Sections 149 – 151) • Control of Dogs (Scotland) Act 2010 • Dog Fouling (Scotland) Act 2003 • The Microchipping of Dogs (Scotland) Act 2016 Private Landlord Registration • The Private Rented Housing (Scotland) Act 2011 168. To undertake the functions of the Council for the calibration and certification services to industry and commerce. 169. To undertake the functions of the Council for securing compliance with trades description and consumer product safety issues. 170. To undertake the public health functions of the Council under the Public Health (Scotland) Act, including pest control duties of the Prevention of Damage by Pests Act 1949.
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70 171. To undertake the functions of the Council relating to communicable diseases. 172. To advise the Executive Director of Place to appoint the Chief Officer and/or individual officers of Trading Standards Scotland as officers of the Council, whether in perpetuity, on a time limited basis or for the duration of a particular operation. This shall include power to appoint such officers retrospectively to the date of approval of this provision (27 June 2018). 173. Pursuant to section 56(1) of the Local Government (Scotland) Act 1973, to authorise the Executive Director of Place to authorise the Chief Officer and/or individual officers of Trading Standards Scotland, whether in perpetuity, on a time limited basis or for the duration of a particular operation : (i) to discharge such of the functions relating to trading standards and consumer protection, including under the legislation set out in paragraph 65 and 72 hereof as may be listed by the Executive Director in such authorisation ; and (ii) to act as an authorised officer for the purposes of discharging those functions, including for the purposes of the said legislation, and in fulfilment of all functions granted to the Council in respect of trading standards and consumer protection, including under the said legislation. 174. Duty or Powers to Enforce: • Advanced Television Services Regulations 2003 • Aerosol Dispensers Regulations 2009 • Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 • Biofuel (Labelling) Regulations 2004 • Business Protection from Misleading Marketing Regulations 2008 • Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 • Children and Families Act 2014 (The Standardised Packaging of Tobacco Regulations 2015) • Children and Young Persons (Protection from Tobacco) Act 1991 • Cigarette Lighter Refill (Safety) Regulations 1999 • Sections 5 and 27E to 27G of the Civic Government (Scotland) Act 1982 • Construction Products Regulations 2013 • Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013 • Consumer Credit Act 1974 • Consumer Credit Act 2006 • Consumer Protection (Distance Selling) Regulations 2000 • Consumer Protection Act 1987 • Consumer Protection from Unfair Trading Regulations 2008 • Consumer Rights (Payment Surcharges) Regulations 2012 • Consumer Rights Act 2015 • Copyright, Designs and Patents Act 1988 • Cosmetic Products Enforcement Regulations 2013 • Crystal Glass (Descriptions) Regulations 1973 • The Dangerous Substances and Explosive Atmospheres Regulations 2002 • Detergents Regulations 2010 • Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures,
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71 • Sections 214 and 215 of the Education Reform Act 1988 • Electrical Equipment (Safety) Regulations 1994 • Electromagnetic Compatibility Regulations 2006 • Electromagnetic Compatibility Regulations 2016 • Electronic Commerce (EC Directive) Regulations 2002 • Energy Act 1976 • Energy Information Regulations 2011 • Part 8 of the Enterprise Act 2002 • Estate Agents Act 1979 • Explosives Acts 1875 and 1923 • Explosives Regulations 2014 • Financial Services (Distance Marketing) Regulations 2004 • Financial Services Act 2012 • Financial Services Act 2012 (Consumer Credit) Order 2013 • Financial Services and Markets Act 2000 • Fireworks Act 2003 • Fireworks Regulations 2004 • Food Imitations (Safety) Regulations 1989 • Footwear (Indication of Composition) Labelling Regulations 1995 • Furniture and Furnishings (Fire)(Safety) Regulations 1988 • Gas Appliances (Safety) Regulations 1995 • General Product Safety Regulations 2005 • Hallmarking Act 1973 • Intellectual Property Act 2014 • Medical Devices Regulations 2002 • Motor Fuel (Composition and Content) Regulations 1999 • Motor Vehicle Tyres (Safety) Regulations 1994 • Motorcycle Noise Act 1987 • Nightwear (Safety) Regulations 1985 • N-nitrosamines and N-nitrosatable Substances in Elastomer or Rubber Teats and Dummies (Safety) Regulations 1995 • Oil Heaters (Safety) Regulations 1977 • Olympic Symbol etc. (Protection) Act 1995 • Package Travel, Package Holidays and Package Tours Regulations 1992 • Packaging (Essential Requirements) Regulations 2015 • Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001 • Pedal Bicycles (Safety) Regulations 2010 • Personal Protective Equipment Regulations 2002 • Petroleum (Consolidation) Regulations 2014 • Plugs & Sockets etc. (Safety) Regulations 1994 • Poisons Act 1972 • Pressure Equipment Regulations 1999 • Price Indications (Bureau de Change) (No. 2) Regulations 1992 • Price Marking Order 2004 • Prices Act 1974 • Pyrotechnic Articles (Safety) Regulations 2015 • Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 • REACH Enforcement Regulations 2008 • Recreational Craft Regulations 2004
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72 • Regulation 765/2008/EC on Accreditation and Market Surveillance • Rights of Passengers in Bus and Coach Transport (Exemption and Enforcement) Regulations 2013 • Sections 17 and 18 of the Road Traffic Act 1988 • Road Vehicles (Brake Linings Safety) Regulations 1999 • Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 • Simple Pressure Vessels (Safety) Regulations 1991 • Simple Pressure Vessels (Safety) Regulations 2016 • Supply of Machinery (Safety) Regulations 2008 • Textile Products (Labelling and Fibre Composition) Regulations 2012 • The Electrical Equipment (Safety) Regulations 2016 • The Pressure Equipment (Safety) Regulations 2016 • The Psychoactive Substances Act 2016 • Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 • Toys (Safety) Regulations 2011 • Trade Descriptions Act 1968 • Trademarks Act 1994Video Recording Acts 1984 and 2010 • Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing • Products Regulations 2012 175. To undertake relevant inspections for the licensing of caravan sites, riding establishments, animal boarding establishments, pet shops, zoos, keeping of wild animals, breeding of dogs and venison dealers, and relevant inspections under the Civic Government (Scotland) Act 1982. 176. To arrange for the burial or cremation of deceased persons in terms of the National Assistance Acts 177. To undertake all other functions of the Council relating to environmental health and trading standards. 178. To undertake all other functions of the Council as enforcing authority relating to health and safety of premises or services, excluding Council buildings or services. 179. To support the Council in promoting the Licensing Objectives of the Licensing (Scotland) Act 2005 as amended and supplemented by subsequent primary and secondary licensing legislation, whether through inspection of premises or otherwise. Economic Development 180. To lead and support the development of the Ayrshire Regional Economic Strategy 181. To develop Community Wealth Building activity across the 5 pillars – Fair Work, Plural Ownership of the economy, Land & Assets, Financial and Procurement locally and regionally. 182. To commission and provide economic research, strategy and evidence to support the development of Council and partnership strategies and policy.
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73 183. To participate in research and studies 184. To develop economic strategy for the Council and partners. 185. To develop the ambitions for Community Wealth Building (CWB) including supporting the work of the CWB Commission and Expert Panel. 186. To promote the economic needs of North Ayrshire to influence and inform future government policy and priorities. 187. To lead the development of economic development programmes and projects with appropriate partners which support the Council’s NA’s economic priorities. and to secure funds from the European Union (ERDF, ESF) or any replacement thereof, including the Shared Prosperity Fun 188. To manage European and the (or any replacement thereof including the Shared Prosperity Fund) funded programmes and ensure that delivery is compliant with the terms of the funding agreement and Scottish or UK Government rules. 189. To authorise and apply for external funding that supports the development of an inclusive economy economic development, growth or regeneration of North Ayrshire. 190. To authorise grants and loans to support growth, sustainment and development of local businesses and organisations and in accordance with the objectives of the North Ayrshire Community Wealth Building, Regeneration Delivery Plan, and North Ayrshire Economic recovery and Renewal Plans and forthcoming new Regional Economic Strategy. Economic Development and Regeneration Strategy and the Ayrshire Regional Economic Strategy. 191. To develop and manage the Employability Services of the council, including entering into contracts with third party providers and potential employers and to offer employment related advice and assistance. 192. To develop and manage the Council’s Modern Apprentice programme, Supported Employment Programme, Skills for Life programmes and other employability programmes supporting people into and sustaining employment in the Council and or other employers. 193. To manage funded employability programmes, such as – Better Off North Ayrshire, including entering into contracts with third party providers and to offer money and household budgetary related advice and assistance. 194. To authorise and provide grants within budget parameters to support business start- up, growth and sustainability 195. To manage the Councils business loan programme via West of Scotland Loan Fund and Business Loans Scotland.
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74 196. To deliver the services as set out in the Scottish Government approved Business Gateway Contract for North Ayrshire 197. To respond to inward investment enquiries that have potential to bring new jobs to North Ayrshire. 198. To promote North Ayrshire and its specific sites and locations for new business investment. 199. To lead the business case development and project management of Ayrshire Growth Deal regional projects on behalf of the 3 Council’s including : Working for a Healthy Economy, Community Wealth Building, Regional Skills Investment Fund and Fair Work Ayrshire. manage and deliver the Councils approved International Strategy Council’s Commercial Property Portfolio 200. In respect of the Council’s commercial property portfolio (to include designated industrial, office, commercial and retail space), to authorise all purchases and sales up to the value of THREE HUNDRED THOUSAND POUNDS (£300,000) or leases with an annual rent of ONE HUNDRED AND TWENTY THOUSAND POUNDS (£120,000), renewals of leases, rent reviews, rent free periods and assignations of sub leases in accordance with the Council’s Estates Management Policy, Standing Orders Relating to Contracts, any scheme of sub-delegation prepared by the Executive Director setting out the level of employee able to authorise particular transactions, and the provisions of the Local Government (Scotland) Act 1973 and regulations made thereunder. 201. Authorised to agree commercial property sub-leases and assignations of leases on receipt of statutory references on completion of appropriate checks to ensure suitability of the incoming tenant. 202. Authorise in respect of commercial property leases, sub-leases to consent to rent free periods. 203. Authorise to terminate commercial leases at their natural expiry date and at any break point detailed in lease agreement and to agree terms for the renunciation of leases prior to their natural expiry. 204. Authorise to agree commercial leases rentals at review periods. 205. Authorise to agree to extensions and variations to existing commercial lease agreements, subject to the extensions or variations not extending the term of the existing lease by a period in excess of 10 years. 206. Authorise, where arrears of rent have risen to instruct the Head of Democratic Services to raise appropriate action necessary in order to recover the arrears and/or to secure vacant position of the heritable property and if any other term of lease has been breached, to instruct the Head of Democratic Services to use the standard breach of contract remedies available which she/he considers appropriate.
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75 207. Authorised to proceed with the repairs to land, commercial and industrial premises in the ownership of the Council subject to budget provisions. 208. Authorised to determine requests for rent abatement for commercial properties and tenants. 209. Authorised to provide landlords consent on sub-leases to Council owned commercial properties and to authorise contributions to capital incentive packages up to a value of £75,000 if within budget provision. 210. Authorised to develop new commercial property proposals and enter into associated development agreements.
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76 Regeneration 211. To promote economic development and regeneration within North Ayrshire, in doing so working with local stakeholders and national agencies or bodies who can help deliver investment priorities through funding or policy support. 212. To develop and implement significant physical interventions within town centres including for leisure, employment and other activities that may generate new activity and investment, focusing on town centres or other identified priorities such as our major Harbours 213. To develop and implement local regeneration projects in line with the Regeneration Delivery Plan and relevant strategies including Conservation Area Regeneration Schemes, shopfront improvement schemes, public realm schemes and area based masterplans. 214. To develop proposals and authorise applications for external funding subject to budget being available for any required match-funding. 215. To authorise grants, where contained existing budgets for community led regeneration projects, listed buildings, properties in conservation areas and externally supported schemes. 216. To authorise grants within policy and budget for improvements to landscape and the environment. 217. To develop and implement the Vacant and Derelict Land Strategy. 218. To develop proposals and authorise the expenditure of Vacant and Derelict Land Funding and Place Based Investment Programme secured from the Scottish Government. 219. To implement the Council’s statutory responsibilities and powers under the Land Reform (Scotland) Act 2003 220. To promote outdoor access, active travel and sustainable travel within North Ayrshire. 221. To develop and implement the Local Transport and Active Travel strategy including implementation of active travel and transport projects. 222. To construct and maintain paths, to produce a Core Paths Plan and other duties in terms of the Land Reform (Scotland) Act 2003. 223. Assert and protect rights of way in terms of the Countryside (Scotland) Act 1967 and access rights in terms of the Land Reform (Scotland) Act 2003. 224. Authorise Access Right Exemption Orders in terms of s11 of the Land Reform (Scotland) Act 2003 where the period of exemption is 5 days or less in consultation with the Head of Democratic Services. 225. Authorise and apply for grants within policy and budget to improve access to the
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77 227, To exercise the strategic planning of functions detailed in the following legislation, any subordinate legislation made thereunder and any subsequent or similar legislation or replacing or expanding legislation, including service of any notices required thereunder:- Roads (Scotland) Act 1984 Transport Scotland Act 2019 Security for Private Road Works (Scotland) Regulations 1985 To carry out the function of the Council (including maintaining registers, inspecting and enforcing) in terms of the Reservoirs Act 1975 228. Authorised to respond to consultation for applications for planning development control where these relate to roads and active travel. 229. Carry out the functions of the Council under the Transport (Scotland) Act 2019 and associated legislation and amendments, including enforcement and imposition of penalties as prescribed in the Act and the relevant Code of Practice. 230. Issue and otherwise deal with road construction consents and road bonds in terms of section 21 of the Roads (Scotland) Act 1984 and the Security for Private Road Works (Scotland) Regulations 1985. 231. To support the development of Business Improvement Districts. 232. To promote the Ayrshire Growth Deal including development of businesses cases for investment. 233. To develop and implement i3’s investment strategy and plans. 234. To develop and implement significant physical interventions within town centres including for leisure, employment and other activities that may generate new activity and investment, focusing on town centres or other identified priorities such as our major Harbours. 235. To develop and implement local regeneration projects including Conservation Area Regeneration Schemes, shopfront improvement scheme, public realm schemes and area-based masterplans. 236. To develop proposals and authorise applications for external funding subject to budget being available for any required match-funding. 237. To authorise grants, where contained within existing budgets for listed buildings, properties in conservation areas and externally supported schemes. 238. To authorise grants within policy and budget for improvements to landscape and the environment.
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78 239. To develop proposals and authorise the expenditure of Vacant and Derelict Land Funding secured from the Scottish Government. 240. To promote outdoor access and active travel within North Ayrshire. 241. Implementation of active travel and transport projects as set out in relevant strategies 242. To construct and maintain paths, to produce a Core Paths Plan and other duties in terms of the Land Reform (Scotland) Act 2003. 243. Assert and protect rights of way in terms of the Countryside (Scotland) Act 1967 and access rights in terms of the Land Reform (Scotland) Act 2003. 244. Authorise and apply for grants within policy and budget to improve access to the countryside. 245. To exercise the strategic planning of functions detailed in the following legislation, any subordinate legislation made thereunder and any subsequent or similar legislation or replacing or expanding legislation, including service of any notices required thereunder: - a. Coast Protection Act 1949, b. Roads (Scotland) Act 1984, c. Roads Traffic Regulation Act 1984, d. Disabled Persons Parking (Scotland) 2009, e. Flood Prevention (Scotland) Act 1961 f. Flood Prevention and Drainage (Scotland) Act 1997, g. Flood Risk Management (Scotland) Act 2009. h. Transport (Scotland) Act 2005 i. New Roads and Street Works Act 1991 j. Security for Private Road Works (Scotland) Regulations 1985 k. To carry out the function of the Council (including maintaining registers, inspecting and enforcing) in terms of the Reservoirs Act 1975. 246. Authorised in terms of the Health and Safety at Work Act 1974 to carry out all duties set out in the statements of responsibilities for (health, safety and welfare in places of work) and the general statement of policy and health and safety at work issued in 1985 as amended. 247. Authorised where appropriate to enter objections on behalf of the Council to applications for goods of vehicles operator’s licences under section 93 of the Transport Act 1968. 248. Authorised to respond to consultation for applications for planning development control where these relate to roads and flooding issues. 249. Carry out the functions of the Council under the Transport (Scotland) Act 2005 and
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79 associated legislation and amendments, including enforcement and imposition of penalties as prescribed in the Act and the relevant Code of Practice Issue and otherwise deal with road construction consents and road bonds in terms of section 21 of the Roads (Scotland) Act 1984 and the Security for Private Road Works (Scotland) Regulations 1985. 250. To support the development of Business Improvement Districts.
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80 11. Director of Growth and Investment The Director of Growth and Investment has overall responsibility for the following: - • To provide strategic leadership to explore and maximise investment to support economic growth. • To provide strategic leadership to effectively maximise the opportunity of the Ayrshire Growth Deal, especially in relation to the North Ayrshire strategic projects including Hunterston, i3, Great Harbour, Ardrossan, Marine Tourism and the Fibre Optic Cable. • To lead and develop effective strategic partnerships locally, regionally and nationally. Tourism and the Coastal Economy 1. To ensure the development and delivery of a tourism strategy which takes account of the special attributes of North Ayrshire, for example, but not solely, the coastal economy, and to consult with industry and community partners to develop and agree action plans to deliver these priorities. 2. To develop tourism projects and proposals. 3. To develop proposals and authorise applications for external funding in support of delivery of our tourism strategy and the development of the coastal economy. 4. To develop investment and regeneration plans for Great Harbourside (Irvine and Ardeer). 5. To develop investment plans to support marine tourism in key locations. 6. To develop tourism events strategies, such as the Year of Coast and Waters 2020. 7. To promote the Ayrshire Growth Deal including development of business cases for investment. 8. To identify and promote opportunities for commercial investment linked to our tourism and coastal regeneration priorities.
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81 12. DUTIES OF STATUTORY OFFICERS A. HEAD OF PAID SERVICE The Head of Paid Service is a statutory appointment by virtue of Section 4 of the Local Government and Housing Act 1989. The Council has resolved that the Head of Paid Service is the Chief Executive. Although a statutory appointment, the law does not require the Head of Paid Service to hold any specific qualifications. However, the post holder is expected to have appropriate leadership, communication and interpersonal skills and qualities of integrity and impartiality in order to deliver the statutory objectives of the post. By virtue of section 2(1)(a) of the 1989 Act, the post of Head of Paid Service is designated as a politically restricted post, and accordingly is included in the list of such posts required to be maintained by the Council. Delegations to the Post The overall powers of the Council’s Head of Paid Service are: a) To ensure the effective co-ordination of the discharge by the authority of its different functions. b) To assess the number and grades of employees required by the authority for the discharge of its functions. c) To ensure the effective organisation of the authority’s employees. d) To ensure that proper arrangements are in place for the appointment and proper management of the authority’s employees. e) To make a statutory report to the full Council where considered appropriate to do so in respect of the matters in (a) to (d) above.
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82 B. MONITORING OFFICER The Monitoring Officer is a statutory appointment by the Council by virtue of Section 5 of the Local Government and Housing Act. The Council has resolved that the Monitoring Officer is the Head of Democratic Services. North Ayrshire Integration Joint Board has also resolved that the Head of Democratic Services will have a similar role as its Standards Officer under the Ethical Standards in Public Life etc. (Scotland) Act 2000. By virtue of Section 5(7) of the 1989 Act, the duties of the Monitoring Officer must be carried out personally by them or, where they are unable to act owing to absence or illness, personally by such member of their staff nominated by them as their deputy. By virtue of Section 2(1)(e) of the 1989 Act, the post of Monitoring Officer is designated as a politically restricted post, and accordingly is included in the list of such posts required to be maintained by the Council. Although a statutory appointment, the law does not require the Monitoring Officer to hold any specific qualification, and in particular, they do not require to be a solicitor or advocate. However, the recommendation of Audit Scotland is that the post holder should be in a position of sufficient seniority within the Council to enable them to carry out their statutory responsibilities effectively. This means that, irrespective of the substantive post which the Monitoring Officer holds in the Council, they will either be a member of the Council’s Executive Leadership Team, or have direct access to the Council’s Chief Executive, Executive Directors, Heads of Service and Legal Services Manager as they see fit. Delegated to the Post The overall powers of the post are: - a) To ensure that the Council complies with the requirements of the law and any statutory Codes of Practice relevant to the carrying out of the Council’s duties and the delivery of the Council’s services. b) To ensure that, where any contravention of the law, Code of Practice or corporate governance system has arisen, or is likely to, appropriate advice is given to the Chief Executive and relevant senior officers of the Council regarding the mitigation, rectification or prevention of such contraventions. c) To draw to the attention of the Provost or any Convener, any motion or amendment which may contravene any law or code of procedure in order that the Provost or Convener can determine whether the motion or amendment will be considered by Council, committee etc. d) To make a statutory report to the full Council regarding any breach or potential breach of the law or statutory code of practice by the Council where it proves impossible to rectify or prevent such breach. e) To act as the Council’s point of contact by the Public Standards Commissioner for Scotland and the Standards Commission for Scotland regarding complaints concerning alleged breaches of the Councillors’ Code of Conduct. f) To carry out such investigations as the Chief Executive may determine as relevant to the Monitoring Officer’s role. g) To obtain, at their discretion, the opinion of Counsel or external solicitors on any matter relevant to the Monitoring Officer’s role.
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83 h) To provide appropriate advice to Elected Members and Council officers regarding the promotion of high standards of conduct and ensure that suitable training is given regarding compliance with the Code of Conduct for Councillors. i) To carry out such other duties compatible with the role of the Monitoring Officer as the Council may delegate, or as the Chief Executive may request, such as the investigation of a complaint to the Council alleging breach of the Councillors’ Code of Conduct. Corporate Rights The Monitoring Officer has the following rights in respect of the carrying out of their statutory role: - • To have unqualified access to any information held by the Council and to any Officer of the Council who can assist in the discharge of their statutory role. • To have access to all reports to the Council, its Committees, Sub-Committee, Joint Boards, Joint Committees and Working Groups, as he or she sees fit.
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84 C. PROPER OFFICER for FINANCIAL ARRANGEMENTS (Chief Financial or Section 95 Officer) The Proper Officer for Finance Arrangements is a statutory appointment by virtue of Section 95 of the Local Government (Scotland) Act 1973 which requires local authorities to make arrangements for the proper administration of their financial affairs and appoint a Chief Financial Officer (CFO) to have responsibility for those arrangements. The Council has resolved that the proper officer is the Head of Service (Finance). By virtue of section 2(1)(b) and (6)(d) of the Local Government and Housing Act 1989, the post of CFO is designated as a politically restricted post, and accordingly is included in the list of such posts required to be maintained by the Council. In Scotland, there is no statutory requirement for the CFO to be a member of a specified accountancy body. Delegated to the Post The overall powers of the CFO post are: a) To lead the promotion and delivery by the whole authority of good financial management so that public money is safeguarded at all times and used appropriately, economically, efficiently and effectively. b) To lead and direct a finance function that is resourced and fit for purpose. c) To manage the Council’s financial resources to ensure the delivery of strategic objectives. d) To be actively involved in, and able to bring influence to bear on, all material business decisions to ensure immediate and longer-term implications, opportunities and risks are fully considered, so that there is alignment with the authority’s overall financial strategy. e) Corporate Accounting Arrangements – ensuring adequate systems of accounting control are maintained throughout the Council and that services conform with Council policy, legislation and codes of practice. f) Financial Regulations – maintaining a continuous review and submitting any changes, other than of a minor nature, to the Council’s Cabinet for approval. g) General Service Capital Budget and General Fund Revenue Budget – preparing and monitoring in accordance with Financial Regulations. h) Housing Revenue Account and Capital Budget- preparing and monitoring in accordance with Financial Regulations. i) Administration of the Sundry Debtors System. j) Internal Audit - examination of the accounting, financial and other operations of the Council. k) Banking and Insurance Arrangements. l) Signing Operating and Finance Leases. m) Treasury Management - ensure that the Council’s annual Treasury Management Plan complies with the Treasury Management Code, The CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code) and the Local Government Investments (Scotland) Regulations 2010. n) Payment Processing and Supplier Invoice Administration – In accordance with the Late Payments and Commercial Debts Act 1998.
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85 D. CHIEF SOCIAL WORK OFFICER The Chief Social Work Officer is a statutory appointment by virtue of Section 3 of the Social Work (Scotland) Act 1968. The Chief Social Work Officer is appointed for the purposes of the Council's functions under the 1968 Act and under those other enactments listed in Section 5(1B) of that Act. In broad terms, those functions cover all social work and social care services whether provided directly by the Council, are delegated to the North Ayrshire Integration Joint Board, are delivered by North Ayrshire Health and Social Care Partnership or another Health and Social Care Partnership on a Lead basis, in partnership with other agencies, or procured by the Council and provided by others on its behalf. Those functions are referred to in this document as “social work services”. The qualifications required for the post are set out in the Qualifications of Chief Social Work Officers (Scotland) Regulations 1996 (S.I. 1996/515 (1996/49). The Chief Social Work Officer is required by section 5(1) of the 1968 Act to carry out the duties of the post under the general guidance of the Scottish Ministers. The Scottish Ministers issued revised and finalised guidance in May 2016. http://www.gov.scot/Publications/2016/07/3269/0 To take any necessary action on behalf of the Council in terms of the Social Work (Scotland) Act 1968, the Mental Health (Scotland) Act 1984, the Children (Scotland) Act 1995, the National Health Service and Community Care Act 1990, the Adults with Incapacity (Scotland) Act 2000, the Housing (Scotland) Act 2001, the Community Care and Health (Scotland) Act 2002, the Homelessness (Scotland) Act 2003, the Mental Health (Care and Treatment) (Scotland) Act 2003, the Adoption and Children (Scotland) Act 2007 or generally any legislation concerning the Council’s functions relating to the provision of Social Care Services. The Chief Social Work Officer is a "proper officer" of the Council in relation to its social work functions. By virtue of section 2(1)(b) and (6)(c) of the Local Government and Housing Act 1989, the post is designated as a politically restricted post, and accordingly, is included in the list of such posts required to be maintained by the Council. Delegated to the Post The duties of the Chief Social Work Officer post are: - 1. To promote values and standards of professional practice, including all relevant national Standards and Guidance, and ensure adherence with the Codes of Practice issued by the Scottish Social Services Council for social service employers. 2. To work with Human Resources and responsible senior managers to ensure that all social service workers practice in line with the SSSC’s Code of Practice and that all registered social service workers meet the requirements of the regulatory body; 3. To establish a Practice Governance Group or link with relevant Clinical and Care Governance arrangements designed to support and advise managers in maintaining and developing high standards of practice and supervision in line with relevant
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86 guidance, including, for example, - the Practice Governance Framework: Responsibility and Accountability in Social Work Practice (SG 2011); 4. To ensure that the values and standards of professional practice are communicated on a regular basis and adhered to and that local guidance is reviewed and updated periodically. 5. To appoint Mental Health Officers under the Mental Health Acts (approval as Mental Health Officers is restricted to those members of staff who have satisfactorily completed the approved training course) 6. To provide professional leadership for social workers and staff in social work services and: - a) To support and contribute to evidence-informed decision making and practice – at professional and corporate level – by providing appropriate professional advice; b) To seek to enhance professional leadership and accountability throughout the organisation to support the quality of service and delivery; c) To support the delivery of social work’s contribution to achieving local and national outcomes; d) To promote partnership working across professions and all agencies to support the delivery of integrated services; e) To promote social work values across corporate agendas and partner agencies. 7. To provide advice and contribute to decision-making in the Council and Health and Social Care Partnership in the context of- a) Effective governance arrangements for the management of the complex balance of need, risk and civil liberties, in accordance with professional standards; b) Appropriate systems required to 1) promote continuous improvement and 2) identify and address weak and poor practice; The development and monitoring of implementation of appropriate care governance arrangements; c) Approaches in place for learning from critical incidents, which could include through facilitation of local authority involvement in the work of Child Protection Committees, Adult Support and Protection Committees and Offender Management Committees where that will result in the necessary learning within local authorities taking place; d) Requirements that only registered social workers undertake those functions reserved in legislation or are accountable for those functions described in guidance; e) Workforce planning and quality assurance, including safe recruitment practice, probation/mentoring arrangements, managing poor performance and promoting continuous learning and development for staff; f) Continuous improvement, raising standards and evidence-informed good practice, including the development of person-centred services that are focussed on the needs of people who use services and support; g) The provision and quality of practice learning experiences for social work students and effective workplace assessment arrangements, in accordance with the SSSC Code of Practice for Employers of Social Service Workers; 8. Decisions in relation to: -
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87 a) In terms of the Secure Accommodation (Scotland) Regulations 2013 whether to implement a secure accommodation authorisation in relation to a child (with the consent of a head of the secure accommodation), reviewing such placements and removing a child from secure accommodation if appropriate; b) The transfer of a child subject to a Supervision Order in cases of urgent necessity c) Acting as guardian to an adult with incapacity where the guardianship functions relate to the personal welfare of the adult and no other suitable individual has consented to be appointed; d) Decisions associated with the management of drug treatment and testing orders e) Carrying out functions as the appropriate authority in relation to a breach of supervised release order, or to appoint someone to carry out these functions and; f) Joint arrangements in co-operation with other authorities under the 2014 guidance on Multi Agency Public Protection Arrangements (MAPPA). Corporate Responsibilities The Chief Social Work Officer has the following corporate powers which require direct access to the Council's Chief Executive and Elected Members, and the provision of forthright and independent advice to them: - • To ensure compliance with the Council’s statutory duties to prepare, publish and review plans for the provision of social work services. • To promote, communicate, support and review values and standards of professional practice, and to ensure that they are adhered to. • To establish, in conjunction with the Council's Executive Leadership Team, appropriate experience and qualified cover for the post of Chief Social Work Officer during the post-holder's absence or incapacity. • To report to the Chief Executive any failure in the Council's corporate policy or governance arrangements designed to reflect the proper balance amongst need, risk and civil liberties in the provision and management of social work services. • To report to the Chief Executive any weaknesses and failures in the systems in place to promote good practice and identify and address poor practice in the provision of social work services. • To report and provide independent comment where necessary to the Chief Executive and Elected Members on the findings of significant case reviews and relevant performance reports and on any other social work- related issues. • To provide an annual report to the Council on all of the statutory, governance and leadership functions of the role of the Chief Social Work Officer.
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88 Document Control Summary:- Location: I:\Committee Services\Publications\03 Scheme of Delegation to Officers Last Revised: Revised By Nature of Revision May 2022 AC Created for New Administration