Agenda Document Pack - Council - 05/10/2023
North Lanarkshire Council · 5 October 2023
Back to Council — 5 October 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
26 September 2023 Members of the Council Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Council is to be held in the Council Chamber, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Thursday, 05 October 2023 at 16:00 PM which you are requested to attend. The agenda of business is attached. Des Murray Chief Executive Members : Clerk Name: Mark Hamill Clerk Telephone: 07811294702 Clerk Email: hamillm@northlan.gov.uk D Ashraf, A Ballinger, C Barclay, B Baudo, A Beveridge, M Boyd, H Brannan-McVey, G Brennan, B Burgess, A Bustard, J Cairns, A Campbell, T Carragher, C Costello, M Coyle, S Coyle, D Crichton, G Currie, P Di Mascio, K Docherty, K Duffy, A Duffy-Lawson, H Dunbar, T Fisher, F Fotheringham, W Goldie, M Hughes, J Hume, L Jarvie, D Johnston, T Johnston, J Jones, P Kelly, J Keltie, A Khan, K Larson, J Leckie, G Lennon, J Logue, H Loughran, F MacGregor, A Masterton, M McBride, B McCluskey, A McCrory, B McCulloch, M McCulloch, P McDade, F McKay, R McKendrick, J McLaren, C McManus, F McNally, M McPake, J McPhilemy, A McVey, L Mitchell, L Nolan, P Patton, J Reddin, L Roarty, D Robb, G Robinson, N Shevlin, W Shields, A Smith, K Stevenson, A Stubbs, L Stubbs, R Sullivan, A Thomas, J Toner, S Watson, C Williams, N Wilson, G Woods. Page 1 of 90
Page 2
Page 2 of 90
Page 3
Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Minutes of Meetings of Committees, Sub-Committees and Panels - Cycle 3 Submit volume of minutes of meetings of committees, sub-committees and panels for cycle 3 for approval in terms of standing order number 21(copy to follow) 3 Membership of Committees, Sub-Committees, Panels, Working Group and Outside Bodies Submit proposed amendments to Membership of Committees, Sub-Committees, Panels, Working Groups and Outside Bodies (copy to follow) 4 Scheme of Delegation to Officers Submit report by the Chief Officer (Legal and Democratic) seeking approval of the Scheme of Delegation to Officers 5 - 74 5 Enhancing Statutory Public Consultation on Reconfiguration of Early Learning and Childcare and Primary Education in the West Area of Cumbernauld Submit report by the Chief Officer (Education - North) seeking approval to further enhance elements of the previously agreed statutory consultation process in relation to the reconfiguration of early learning and childcare and primary education in the west area of Cumbernauld. 75 - 90 NOTICE OF MOTIONS 6 Notice of Motion submitted by Councillor Fotheringham and Councillor Hughes "Council reaffirms its commitment to have the North Lanarkshire Council area designated a nuclear free zone and its opposition to the transportation of nuclear weapons on our roads and rail networks, on moral and safety grounds. Council reaffirms our commitment to Nuclear Free Local Authorities which campaigns for renewables and against nuclear power. Council will also investigate membership of Mayors for Peace, an initiative started by the Mayor of Hiroshima and which exists to “raise international public awareness about the need to abolish nuclear weapons, contribute to world peace by working to eliminate starvation and poverty, support human rights, protect the environment, and solve problems that threatened peaceful coexistence between families.” Council will, through its Resilience Division, seek to undertake & regularly update risk assessments as required. The Resilience Division will also ensure that representatives of all relevant emergency services are included in this" Page 3 of 90
Page 4
7 Notice of Motion Submitted by Councillor McManus and Councillor McCluskey "North Lanarkshire Council acknowledges the recent art exhibition hosted by the Glasgow Modern Art Gallery showing street art by Banksy. Council recognised the effect street art can have on people's mental health, the benefit to local areas and the vibrant and colourful characteristics it can bring to communities. The Council will work with local Community Councils, residents' groups and local primary and secondary schools via the Community Boards to help highlight potential sites for localised street art. Council will also work with local artists interested in creating murals and displays via the Community Board" 8 Notice of Motion submitted by Councillor Crichton and Councillor Brennan "Council acknowledges the need, on occasion, for business sensitive information and discussions to be made secure, and that this in turn will result in members of the Public and Press being excluded from certain restricted Council Meetings or part thereof. However, to provide transparency and promote public confidence, Council should maintain records of the content of restricted Meetings. Council therefore agrees that all future restricted Meetings, which exclude Public and Press attendance (in part or full), should be video recorded, in the usual manner, and the footage should be retained by a relevant Officer. Council accepts that Meeting recordings would only apply to those meetings where recording technology is currently available. Recording of restricted meetings will be made available to all Elected Members, individually, as a Group, or as a full Council, on request. Access to the recording(s) should be time-bound and restricted to a period of 72 hours, following which access would then cease. Further requests for additional time can then be made to the relevant Officer and no unreasonable barrier should be placed on Elected Members which would impede access. This information access request facility should be available to Elected Members on an ongoing basis, and with immediate effect. Enabling Elected Members to review historical comment and points of reference is essential, and in doing so increases public confidence in due process. Council should recognise this Motion as essential in maintaining high standards of public scrutiny as would be expected by the residents of North Lanarkshire" QUESTIONS 9 Questions Received in Terms of Standing Order 51 - None Received Page 4 of 90
Page 5
North Lanarkshire Council Report Council Does this report require to be approved? ☒ Yes ☐ No Ref Date 05/10/23 Scheme of Delegation to Officers From A Aitken, Chief Officer (Legal and Democratic) E-mail Rosean@northlan.gov.uk Telephone 07951 409714 1. Background 1.1 The Scheme of Delegation to Officers (hereafter referred to as “the Scheme”) is a document which lists the powers and authority which the Council has agreed be granted to officers to undertake, and also details which officers have been granted such authority. 1.2 The absence of an agreed Scheme would have the effect that the Council would need to undertake all of the operational actions, as detailed in the Scheme, itself which would be virtually impossible to facilitate. Therefore, the Scheme is an essential governance document to enable the Council to carry out its operational duties, obligations and responsibilities. Executive Summary The purpose of this report is to seek approval for the amended Scheme of Delegation to Officers. Recommendations It is recommended that the amended Scheme of Delegation to Officers, as attached at Appendix 1 to this report, be approved. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition Item 4 Page 5 of 90
Page 6
2. Report 2.1 Whilst the Scheme has been updated incrementally as organisational structures or legislation has changed, the last full review of the Scheme was undertaken in 2017 with the Scheme being approved by the Council in March 2018. 2.2 It is considered good practice to review the Scheme at least once per Council term, and the latest review commenced in March 2023. As part of that review, all Chief Officers were given the opportunity to request additions to the Scheme, to remove delegations no longer required or to amend delegations. This included the list of respective officers to whom each delegated power was granted. 2.3 During this process, it became apparent that the document in its current form was unwieldy and difficult to use. Consideration was therefore given to a revised format for the document. 2.4 In the current version of the document (which was last amended and approved by Council on 9 June 2022) each individual Service is provided with a list of delegations. However, this resulted in many duplications where multiple Services had the same delegation granted to it. In addition, the individual delegations were not listed in any specific order and this made it very difficult for users of the document to find the information they were looking for. 2.5 The proposed amended version of the Scheme, as attached at Appendix 1 to this report, now lists all delegations by theme, rather than by Service. Each theme has been given a section number and within each section, each specific delegation is given a unique number to aid reference and identification. An index has also been included for each theme for ease of use. 2.6 All Chief Officers were provided an opportunity to review the Scheme in its proposed amended format and to make any corrections to delegations where this was required. The final draft version of the Scheme was considered by the Corporate Management Team on 8 September 2023. 2.7 The Council is recommended to approve the Scheme, as attached at Appendix 1 to this report. 3. Measures of success 3.1 To enable the Council to carry out its operational and statutory duties, obligations and responsibilities. 4. Supporting documentation Appendix 1 – Proposed amended Scheme of Delegation to Officers. Archie Aitken Chief Officer (Legal and Democratic) Page 6 of 90
Page 7
5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? In accordance with legislation, any Officer listed as being provided with a delegation is, de facto, deemed to hold a politically restricted post. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Scheme details the authority granted to officers to allow the Council to fulfil its duties in respect of statutory obligations. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ Page 7 of 90
Page 8
5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? If the Council does not have in place an agreed Scheme, then there is a risk that Services would not be able to carry out operational duties without requiring continued and ongoing authority from the Council, which would be difficult to achieve due to the volume of activity which requires to be undertaken. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). Page 8 of 90
Page 9
If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 9 of 90
Page 10
Page 1 of 65 Scheme of Delegation to Officers Approved by Council: TBC Page 10 of 90
Page 11
Page 2 of 65 Table of Contents GENERAL .......................................................................................................................................................................................................................................... 5 Internal Audit ................................................................................................................................................................................................................................... 6 General Delega�ons ......................................................................................................................................................................................................................... 6 Award of Grants ............................................................................................................................................................................................................................... 8 Best Value, Corporate Governance and Good Governance ............................................................................................................................................................. 9 Building Standards ......................................................................................................................................................................................................................... 10 Burial and Crema�on ..................................................................................................................................................................................................................... 11 Businesses ...................................................................................................................................................................................................................................... 11 Byelaws .......................................................................................................................................................................................................................................... 11 Child Protec�on.............................................................................................................................................................................................................................. 12 Children and Young People ............................................................................................................................................................................................................ 12 Civic Hospitality .............................................................................................................................................................................................................................. 13 Civic Licensing ................................................................................................................................................................................................................................ 13 Community Empowerment ............................................................................................................................................................................................................ 16 Community Learning and Development ........................................................................................................................................................................................ 16 Complaints ..................................................................................................................................................................................................................................... 16 Condi�ons of Service (incl. salaries, redundancy and re�rements) excluding Teaching Staff ....................................................................................................... 17 Conferences ................................................................................................................................................................................................................................... 18 Consulta�ons ................................................................................................................................................................................................................................. 18 Consumer Protec�on ..................................................................................................................................................................................................................... 18 Contracts and Tenders ................................................................................................................................................................................................................... 20 Council and Commitee Mee�ngs .................................................................................................................................................................................................. 21 Page 11 of 90
Page 12
Page 3 of 65 Council Tax and Rates ..................................................................................................................................................................................................................... 22 Council Tenants .............................................................................................................................................................................................................................. 23 Data Sharing ................................................................................................................................................................................................................................... 23 Educa�on (excluding school specific, teaching staff and exclusions) ............................................................................................................................................. 23 Educa�on (Atendance) .................................................................................................................................................................................................................. 24 Educa�on (Exclusions) .................................................................................................................................................................................................................... 24 Educa�on (Grants, Awards and Trust Schemes) ............................................................................................................................................................................ 25 Elected Members ........................................................................................................................................................................................................................... 25 Emergencies (also see General Delega�on 1.4) ............................................................................................................................................................................. 26 Establishment Changes .................................................................................................................................................................................................................. 27 Estate Management ....................................................................................................................................................................................................................... 27 Environmental Protec�on .............................................................................................................................................................................................................. 27 Fees and Charges ........................................................................................................................................................................................................................... 28 Finance/Financial Maters .............................................................................................................................................................................................................. 29 Fixed Penalty No�ces ..................................................................................................................................................................................................................... 31 Glasgow City Region ....................................................................................................................................................................................................................... 31 Housing (both Social and Private) .................................................................................................................................................................................................. 31 Housing Repairs and Maintenance ................................................................................................................................................................................................ 35 Informa�on Technology (IT) ........................................................................................................................................................................................................... 36 Insurance ........................................................................................................................................................................................................................................ 36 Legal Maters .................................................................................................................................................................................................................................. 37 Liquor Licensing ............................................................................................................................................................................................................................. 38 Mee�ng Accommoda�on .............................................................................................................................................................................................................. 39 Mental Health ................................................................................................................................................................................................................................ 39 Page 12 of 90
Page 13
Page 4 of 65 Natural Habitats ............................................................................................................................................................................................................................. 39 Parks, Open Spaces and Land......................................................................................................................................................................................................... 40 Partnership ..................................................................................................................................................................................................................................... 42 People with Disabili�es .................................................................................................................................................................................................................. 42 Pe��ons ......................................................................................................................................................................................................................................... 43 Planning and Enforcement ............................................................................................................................................................................................................. 43 Poli�cally Restricted Posts.............................................................................................................................................................................................................. 47 Projects .......................................................................................................................................................................................................................................... 47 Property ......................................................................................................................................................................................................................................... 48 Refugees and Asylum Seekers ........................................................................................................................................................................................................ 50 Residen�al Care ............................................................................................................................................................................................................................. 50 Roads and Transporta�on .............................................................................................................................................................................................................. 50 Schools (incl. pre-school and Addi�onal Support Needs) .............................................................................................................................................................. 58 School Transport ............................................................................................................................................................................................................................ 59 Social Work (General) .................................................................................................................................................................................................................... 59 Social Work (Adult) ........................................................................................................................................................................................................................ 61 Social Work (Children and Young People) ...................................................................................................................................................................................... 62 Sports Ground Safety ..................................................................................................................................................................................................................... 64 Teaching Staff ................................................................................................................................................................................................................................. 64 Page 13 of 90
Page 14
Page 5 of 65 GENERAL The func�ons delegated to the Chief Execu�ve and to the Depute Chief Execu�ve are exercisable also by officers at the levels indicated in the right-hand margin opposite the par�cular func�on. In exercising any delegated func�on, the nominated officer will take account of any appropriate Council prac�ce or procedure, of any managerial instruc�on given and of any other similar considera�on. Where the named Chief Officer is unavailable to undertake the respec�ve delega�on, any Chief Officer may do so, in so far as they have sa�sfied themself that they have sufficient informa�on on, and understanding of, the issues rela�ng to the exercise of the delega�on. Any statutory maters of a Legal, Financial and Social Work standing are excluded and the appropriate delega�ons may only be exercised by the specified officers. Qualifica�ons on Delega�ons The Scheme of Delega�ons to Officers, is subject always to:- 1. the policies adopted by the Council from time to time; 2. appropriate provision for financial outlays having been made in the estimates for the current year; 3. the right of an officer to consult with the Chief Executive on any matter or to refer any matter to the appropriate Committee or Sub-Committee of the Council; 4. the obligation on the Chief Executive and on each Chief Officer to arrange consultations with individual local Members on matters which affect their areas in all cases in which the Council practice or procedures so require, and 5. the requirement that the Chief Executive and all Chief Officers observe the principles of corporate management. Page 14 of 90
Page 15
Page 6 of 65 Internal Audit Internal Audit’s purpose, authority and responsibility are formally laid out in the Internal Audit Charter which establishes Internal Audit’s posi�on within the Council, including the nature of the Chief Officer (Audit and Risk) func�onal repor�ng rela�onship with senior management and the Audit and Scru�ny Panel; authorises access to records, personnel and physical proper�es rela�ve to the performance of audit engagements; and defines the scope of Internal Audit ac�vi�es. Although the Charter is discussed and agreed with senior management (including the Chief Execu�ve), in line with good governance and professional best prac�ce, final approval of the Internal Audit Charter resides with the Audit and Scru�ny Panel, ac�ng as the Council’s audit commitee. The Internal Audit Charter is subject to periodic review and the current terms of reference under which Internal Audit operate were most recently approved by the Audit and Scru�ny Panel in September 2021. No. Delega�on Officers with Delegated Authority 1 General Delega�ons 1.1 Following appropriate consulta�on (as required), to authorise changes (increases and reduc�ons) in the establishment, up to and including Chief Officer level, subject to appropriate guidelines and with the assurance of the Service that the cost of any employment decisions can be met from within the approved budget of that Service for posts up to including NLC18 and following approval from the Workforce Steering Group. Chief Execu�ve Depute Chief Execu�ve Chief Officer 1.2 To authorise and determine applica�ons for early re�rement and voluntary severance in accordance with approved procedure and Council policy Chief Execu�ve Depute Chief Execu�ve Chief Officer (Legal and Democra�c) Chief Officer (Finance) 1.3 The Chief Execu�ve and any Chief Officer shall be permited to engage students of relevant disciplines for employment during the summer vaca�on period subject to the number of students involved in each instance being agreed with the Chief Officer (People Resources) Chief Execu�ve Depute Chief Execu�ve Chief Officer 1.4 The Chief Execu�ve and each Chief Officer is authorised to authorise the atendance of employees at courses or seminars within the United Kingdom subject to adequate financial provision exis�ng within the Service budget and to a cost limit per event of £1,500 in respect of each such employee Chief Execu�ve Depute Chief Execu�ve Chief Officer Page 15 of 90
Page 16
Page 7 of 65 No. Delega�on Officers with Delegated Authority 1.5 The Chief Execu�ve and each Chief Officer, subject to the applica�on of par�cular policies and procedures as agreed by the Council from �me to �me, is authorised to take all necessary ac�on in connec�on with the management of his/her Service including the employment of staff up to Chief Officer grade within the establishment, authorisa�on of over�me, authorisa�on of leave, implementa�on of disciplinary procedures and procedures for setling grievances and, in consulta�on as appropriate with the Chief Officer of People Resources, to apply the Approved Scheme for staff en�tled to receive ac�ng up payments and exercise the discre�ons available for the purposes of administra�on of that scheme, all subject to, in addi�on to the policies of the Council, the appropriate condi�ons of service whether na�onal or as applied locally Chief Execu�ve Depute Chief Execu�ve Chief Officer 1.6 The Chief Execu�ve and each Chief Officer is authorised to sign and to issue the necessary authorisa�on to officers of the Council to exercise statutory powers in connec�on with the discharge of their du�es including, where appropriate, the right to enter land and premises and to sign and issue no�ces) Chief Execu�ve Depute Chief Execu�ve Chief Officer 1.7 The Chief Execu�ve and each Chief Officer is authorised to grant use of Council accommoda�on allocated to or under the control of his/her Service to outside bodies for the purpose of holding mee�ngs and func�ons etc subject to the Council’s policies and procedures as may be updated from �me to �me Chief Execu�ve Depute Chief Execu�ve Chief Officer 1.8 The Chief Execu�ve and each Chief Officer is authorised, a�er consulta�on with the Chief Officer (Legal and Democra�c), to authorise and make an ex gratia payment not exceeding £10,000 in any one case in any instance in which, following a complaint to the Sco�sh Public Services Ombudsman, it is considered that the service provided by the Council to the person who has made representa�ons to the Ombudsman is below an acceptable standard and that it is appropriate to make such a payment Chief Execu�ve Depute Chief Execu�ve Chief Officer 1.9 To respond to enquiries or consulta�ons made or undertaken by a Government Department, by the Conven�on of Sco�sh Local Authori�es, by another local authority or by another body where views are sought on behalf of the Council and where the �mescale for response does not appropriately allow for considera�on at Commitee level, subject to subsequent repor�ng to the appropriate Commitee Chief Execu�ve Depute Chief Execu�ve Chief Officer 1.10 To respond to enquiries or consulta�ons made or undertaken by a Government Department, by the Conven�on of Sco�sh Local Authori�es, by another local authority or by another body where views are sought on behalf of the Council and where the �mescale for response Chief Execu�ve Depute Chief Execu�ve Chief Officer Page 16 of 90
Page 17
Page 8 of 65 No. Delega�on Officers with Delegated Authority does not appropriately allow for considera�on at Commitee level, subject to subsequent repor�ng to the appropriate Commitees 1.11 To give a direc�on in special circumstances that any officer shall not exercise a delegated power Chief Execu�ve 1.12 In the absence of the Chief Execu�ve to act as Proper Officer for the statutory purposes for which the Council designates the Chief Execu�ve as Proper Officer Chief Officer (Legal and Democra�c) 2 Award of Grants (including Trust Schemes and the Local Development Fund) and (excluding grants associated with Educa�on) 2.1 To approve grants to voluntary organisa�ons of up to £5,000 provided that the applica�on is not in excess of £5,000 (excluding any grants made under and in terms of Sec�on 10 of the Social Work (Scotland) Act 1968 (so far as it is exercisable in rela�on to another integra�on func�on) Chief Execu�ve Depute Chief Execu�ve Chief Officer Chief Officer, Health and Social Care Chief Officer (Adult Social Work Services) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Community Partnership Manager 2.2 To make grants up to a maximum of £5,000 to local voluntary groups, youth clubs, community groups, organisa�ons providing a direct service to the community Depute Chief Execu�ve Chief Officer (Strategic Communica�on and Engagement) Community Partnership Managers 2.3 To make grants in case of urgency to voluntary organisa�ons and other relevant bodies to a financial limit of £30,000 in any one case subject to a subsequent report to the appropriate Commitee and, in the case of grants from Sco�sh Government funding, prior consulta�on with the appropriate North Lanarkshire Partnership Board Chief Execu�ve 2.4 To determine and make payment of grants and loans to individuals or community and voluntary organisa�ons, up to a maximum limit of £50,000, as determined by the opera�ng guidelines of the respec�ve programme Chief Execu�ve 2.5 To approve grant funding to tenants groups and the North Lanarkshire Federa�on of Tenants and Residents Associa�ons, to support the delivery of the Council’s Tenant Par�cipa�on Strategy, subject to available funding Depute Chief Execu�ve Chief Officer (Housing Management) Page 17 of 90
Page 18
Page 9 of 65 No. Delega�on Officers with Delegated Authority Business Solu�ons Manager Business Engagement Manager 2.6 To deal with all applica�ons for Crisis Grants and Community Care Grants under the Sco�sh Welfare Fund in terms of appropriate legisla�ve provisions and in accordance with Council policy Depute Chief Execu�ve Chief Officer (Finance) 2.7 To receive and determine applica�ons for disbursement of funds in accordance with the provisions of trust schemes vested in the Council and any endowments administered by those trusts Depute Chief Execu�ve Chief Officer (Strategic Communica�on and Engagement) 2.8 Authority to make awards from the Local Development Fund for community infrastructure projects up to value of £10,000 Depute Chief Execu�ve Chief Officer (Strategic Communica�on and Engagement) Community Partnership Managers 2.9 To authorise payment, up to a maximum of £1,000, toward the cost of arranging or assis�ng in arranging holidays or other temporary absences from North Lanarkshire of any child looked a�er by the Council Senior Educa�on and Family Managers (Social Work) Educa�on and Family Managers (Social Work) 2.10 After consultation with the local Members, to make grants to householders for the purpose of making good fabric and decoration (excluding curtains) in houses affected by the Council under the Noise Insulation (Scotland) Regulations 1975 at the rates and on the conditions which may be prescribed from time to time by the Council Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 3 Best Value, Corporate Governance and Good Governance 3.1 Local Authority Accounts (Scotland) Regula�ons 2014: • In respect of Regula�on 5(2) - to conduct a review at least once in each financial year of the effec�veness of its system of internal control. • In respect of Regula�on 5(3) - the findings from the review at 5(2) “must be considered at a mee�ng either of the local authority or of a commitee of the local authority whose remit includes audit or governance func�ons”. Chief Officer (Business and Digital) Business Strategy Manager Strategy and Performance Manager Page 18 of 90
Page 19
Page 10 of 65 No. Delega�on Officers with Delegated Authority • In respect of Regula�on 5(4) - a local authority in Scotland the statement is an annual governance statement • In respect of Regula�on 5(5) - annual governance statement must be signed by the Chief Execu�ve and Leader of the Council. 3.2 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 Sec�on 14 - Best Value and Accountability - Secure con�nuous improvement in performance whilst maintaining balance between quality and cost. Chief Officer (Business and Digital) Business Strategy Manager Strategy and Performance Manager 4 Building Standards 4.1 In respect of the Building (Scotland) Act 2003, the Building Standards (Scotland) Regula�ons 2004 and the Building Procedural (Scotland) Regula�ons 2004 to determine all applications for building warrant to refer matters of doubt to the Scottish Ministers in accordance with Section 12 of the Building (Scotland) Act 2003 to issue Statutory Notices of intention and orders in respect of Section 28, 29 and 30 of the Building (Scotland) Act 2003 (excluding instances where appeals to the Sheriff have been intimated or application to which objections have been made) in emergency situations, to exercise the powers under Section 29 of the Building (Scotland) Act 2003, relative to dangerous buildings to instruct execution of works which are urgently required for the prevention of damage to life or property but subject to a financial limit of £100,000 in any one case, and subject also to advising the Committee as soon as possible thereafter Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager (Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Surveyor 4.2 In respect of The Building (Scotland) Act 2003 and The Energy Performance of Buildings (Scotland) Regula�ons 2008 to, to exercise enforcement powers rela�ve to Direc�ve 2010/31EU on Energy Performance of Buildings Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager (Opera�ons) Building Standards Manager (Compliance) Page 19 of 90
Page 20
Page 11 of 65 No. Delega�on Officers with Delegated Authority Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Surveyor Building Standards Officers 5 Burial and Crema�on 5.1 To discharge the council’s obliga�ons and du�es in respect of the Burial and Crema�on (Scotland) Act 2016 Depute Chief Execu�ve Chief Officer (Community Opera�ons) Business Manager (Greenspace and Country Parks) 5.2 To discharge the statutory local authority du�es in respect of Sec�on 87 of the Burial and Crema�on (Scotland) Act 2016 (Public Burial or Crema�on when no arrangements have been made by the deceased or their next of kin) Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 6 Businesses 6.1 To consider and where appropriate approve loan applica�ons from Business Loans Scotland Chief Officer (Place) Enterprise Manager Enterprise Development Manager 6.2 To determine and make payment of grants and loans (with the excep�on of loans granted through Business Loans Scotland) to businesses, individuals or community and voluntary organisa�ons as determined by the opera�ng guidelines of the respec�ve programme Depute Chief Execu�ve Chief Officer (Place) Enterprise Manager Enterprise Development Manager 7 Byelaws 7.1 To act as Proper Officer for the following statutory requirements indicated. Local Government (Scotland) Act 1973 Chief Execu�ve Chief Officer (Legal and Democra�c) Page 20 of 90
Page 21
Page 12 of 65 No. Delega�on Officers with Delegated Authority • Sec�on 197 – Inspec�on and deposit of documents • Sec�on 202 – Authen�ca�on of Byelaws and delivery of copies to other relevant authori�es • Sec�on 202B – Cer�fica�on of entry in Register of Byelaws • Sec�on 204 – Cer�ficate as evidence of Byelaws 7.2 To act as Proper Officer for the following statutory requirements indicated. Na�onal Parks (Scotland) Act 2000 Schedule 2 - Service of byelaws Chief Execu�ve Chief Officer (Legal and Democra�c) 8 Child Protec�on 8.1 To determine the suitability of applica�ons for posts with access to children and other vulnerable people in the light of disclosure informa�on and child protec�on legisla�on Depute Chief Execu�ve Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Educa�on) All Educa�on and Families Managers Community Learning and Inclusion Manager Principal Psychologist 9 Children and Young People (excluding educa�on and social work maters) 9.1 To issue licences in terms of the Children (Performances) Regula�ons 1968 and to issue employment permits in terms of the Children and Young Persons (Scotland) Act 1937and subsequent byelaws Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager 9.2 To carry out the func�ons of the Council in regard to children and young people in terms of the Regula�on of Care (Scotland) Act 2001 and the Na�onal Childcare Standards Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager Page 21 of 90
Page 22
Page 13 of 65 No. Delega�on Officers with Delegated Authority Principal Psychologist Heads of Establishment 9.3 To make addi�onal appropriate provision for school pupils who are looked a�er and accommodated to support their educa�onal progress Depute Chief Execu�ve Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Educa�on) Educa�on and Families Manager Principal Psychologist 10 Civic Hospitality 10.1 Following consulta�on with the Provost or Depute Provost of the Council, to deal with requests for civic hospitality to official delega�ons, groups of visitors or others, and to deal with applica�ons for the patronage of the Council or the use of the Council’s Coat of Arms. Chief Execu�ve Chief Officer (Legal and Democra�c) 11 Civic Licensing (incl. Taxi, Cinema, Theatre Licensing and Public Processions) 11.1 To act as Proper Officer for the following statutory requirements indicated. Civic Government (Scotland) Act 1982 • Sec�on 112 – Execu�on of management rules • Sec�on 113 – Evidence by cer�ficate of management rules Schedule 1 paragraph 14; Schedule 2 paragraph 10; and Schedule 2 paragraph 17 - Cer�fica�on of documents Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 11.2 Authority is granted to act as and to appoint authorised officers for the purposes of Sec�ons 5 and 11 of the Civic Government (Scotland) Act 1982 to enter into and inspect any premises, vehicle or vessel used or to be used for any ac�vity for which a licence is in force or has been applied for under the 1982 Act and to inspect any equipment or plant, apparatus or stock-in-trade which is or is to be kept or used in connec�on with any such Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) Page 22 of 90
Page 23
Page 14 of 65 No. Delega�on Officers with Delegated Authority ac�vity and to require produc�on of and to inspect any records or other documents required to be kept under the Act 11.3 To grant applica�ons for licences and for the renewal of licences under Sec�ons 10, 13, 24, 27A, 28, 32, 39, 40, 41, 41A, 42 and 43 of the Civic Government (Scotland) Act 1982 in respect of taxi and private hire operators and drivers, second hand dealers, knife dealers, metal dealers, i�nerant metal dealer, street traders, market operators, public entertainment, indoor sports entertainment, late hours caterers and window cleaners where no objec�on or adverse comment has been made following consulta�ons Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.4 To make arrangements to invite an applicant for a licence or for renewal of a licence under the Civic Government (Scotland) Act 1982 and, as the case may be, any person making an objec�on or representa�on in respect of such an applica�on to appear before the appropriate Commitee or Sub-Commitee of the Council in terms of paragraph 4 of Schedule 1 to the Act Chief Execu�ve Chief Officer (Legal and Democra�c) Principal Solicitor (People) Legal Manager 11.5 To grant applica�ons for permission for public charitable collec�ons in terms of Sec�on 119 of the Civic Government (Scotland) Act 1982 Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.6 To grant applica�ons under the Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 in circumstances in which, following consulta�on, no objec�on or adverse comment has been made Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.7 To grant applica�ons for licences and for the renewal of licences under the Cinemas Act 1985 regarding the use of premises for a film exhibi�on following consulta�on with the Chief Constable and Fire Authority Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.8 To grant applica�ons for licences and for renewal of licences under the Theatres Act 1968 regarding the use of premises for the public performance of plays following consulta�on with the Chief Constable and Fire Authority Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.9 On receipt of a serious complaint requiring prompt and effec�ve ac�on, to suspend a licence in terms of paragraph 12 of the First Schedule to the Civic Government (Scotland) Act 1982 Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Page 23 of 90
Page 24
Page 15 of 65 No. Delega�on Officers with Delegated Authority and to make arrangements to cite the licence holder to atend a mee�ng of the Regulatory Commitee for considera�on of the mater in terms of paragraph 11 of that Schedule 11.10 To authorise officers of the Council to exercise powers of entry and inspec�on in terms of Sec�on 13 of the Cinemas Act 1985, Sec�on 5 of the Civic Government (Scotland) Act 1982 and Sec�on 15 of the Theatres Act 1968 Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.11 To approve requests for display on taxi cars and private hire cars of adver�sements which meet the criteria agreed by the Council Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.12 To take such ac�on as is necessary to secure the delivery, in terms of Sec�on 63 of the Civic Government (Scotland) Act 1982, to a person who has given no�ce of inten�on to hold a procession of a copy of an Order made by the Council and a writen statement of the reasons therefor, of no�fica�on of the decision not to make an Order or of a decision to revoke an Order already made, or of a copy of a varied Order and a writen statement of the reasons for a varia�on, as appropriate, and to make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that an Order has been made or varied as appropriate and of the effect thereof Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 11.13 To consider all applica�ons reques�ng the Council to exercise its powers under Sec�on 62(4) of the Civic Government (Scotland) Act 1982 and, a�er consulta�on with the Convener of Regulatory Commitee, to make an Order under Sec�on 62(4) of the Civic Government (Scotland) Act 1982 dispensing with the requirement that the organisers of a proposed procession give no�ce thereof to the Council not later than twenty eight days before the date on which it is proposed that the procession be held Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 11.14 A�er consulta�on with the Convener of the appropriate Commitee and with the appropriate local members to take such ac�on as is deemed necessary to oppose applica�ons for trading licences whenever educa�onal establishments might be adversely affected Depute Chief Execu�ve Chief Officer (Educa�on) Hub Strategy Manager Forward Planning Manager 11.15 Under Sec�on 19(5) of the Civic Government (Scotland) Act 1982, a�er consulta�on with the local Members, approval of proposals for taxi stances Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Page 24 of 90
Page 25
Page 16 of 65 No. Delega�on Officers with Delegated Authority Assistant Business Managers, Roads and Transporta�on 11.16 In respect of the Civic Government (Scotland) Act 1982 (a) to implement Sections 87, 99, 101 and 102 in relation to emergency repairs to buildings (b) to implement Section 89 in relation to raised structures (c) to implement Section 97 in relation to street naming, after consultation with local Elected Members, and numbering (d) in consultation with the Chief Officer (Legal and Democratic) to lodge objections to the Regulatory Committee in relation to entertainments / events where appropriate Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Surveyor Building Standards Officers 12 Community Empowerment 12.1 To discharge the Council’s obliga�ons and du�es in respect of the Community Empowerment (Scotland) Act 2015 Chief Execu�ve Depute Chief Execu�ve Chief Officer (Strategic Communica�on and Engagement) 12.2 In accordance with the Community Empowerment Act 2015 • To form a Community Planning Partnership Chief Execu�ve Depute Chief Execu�ve Chief Officer (Business and Digital) Business Strategy Manager 13 Community Learning and Development 13.1 To carry out the func�ons of the Council in terms of the Educa�on (Scotland) Act as pertaining to Community Learning and Development Depute Chief Execu�ve Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) 14 Complaints Page 25 of 90
Page 26
Page 17 of 65 No. Delega�on Officers with Delegated Authority 14.1 Sec�on 16B (5) Sco�sh Public Services Ombudsman Act 2002 Implement a Model Complaints Handling Procedure and make arrangements for the recording, repor�ng, learning from and publicising complaints through the Complaints Performance Indicators and Framework Chief Officer (Business and Digital) Business Strategy Manager 15 Condi�ons of Service (incl. salaries, redundancy and re�rements) excluding Teaching Staff 15.1 To implement na�onal agreements on wages/salaries and condi�ons of service where no discre�onary element exists Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 15.2 To apply approved Scheme for staff en�tled to receive ac�ng up payments and, in conjunc�on with appropriate Chief Officers, exercise the discre�ons available for the purposes of that scheme Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 15.3 To process payments due under personnel policies and procedures agreed by the Council such as those applicable to employees for reimbursement of expenditure on removal and legal fees, for expenditure in respect of staff undertaking external training courses or examina�ons, and payment of medical advisers' fees for medical examina�ons of employees, all within the parameters of the policies established by the Council Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 15.4 Following consulta�on with the Chief Officer of the relevant service to consult with the relevant trade unions and determine criteria for selec�on for redundancies Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 15.5 Following consulta�on with the Chief Officer of the relevant service to authorise temporary exchange of du�es between and among staff and authorise secondments of staff to other services and outside organisa�ons Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager Senior Employee Rela�ons Adviser Senior HR Business Partner 15.6 To approve revisions to grades arising from the applica�on of the Job Evalua�on Scheme subject to retrospec�ve report, for informa�on, to the Finance and Resources Commitee Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager Page 26 of 90
Page 27
Page 18 of 65 No. Delega�on Officers with Delegated Authority 15.7 To approve, in consulta�on with the Chief Execu�ve and relevant Chief Officer, where applicable, applica�ons received from employees who are members of the Local Government Pension Scheme for early access to their pension benefits under the “Rule of 85”, provided there is no cost to the Council (i.e. the employee will bear the strain on the fund cost by an actuarial reduc�on to pension benefits) Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 16 Conferences 16.1 To approve atendance at conferences or travel outwith the United Kingdom of officers in cases in which they consider it to be in the interests of the Council Chief Execu�ve 17 Consulta�ons 17.1 To respond to consulta�ons from the Sco�sh Government on proposals under Sec�ons 36 and 37 of the Electricity Act 1989 to provide comments or confirm no objec�on Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officer 18 Consumer Protec�on (including Trading Standards, Protec�ve Services, Food Safety, Food Standards, Health and Safety, Public Health) 18.1 To authorise, sign and issue the necessary authorisa�on to officers of the Council to exercise statutory powers (including, where appropriate, the right to enter land and premises and to sign and issue no�ces) in the discharge of their du�es in connec�on with the func�ons of the Council which will include the Public Health etc. (Scotland) Act 2008, Part 8 of the An�social Behaviour (Scotland) Act 2004, the Environmental Protec�on Act 1990 and, where appropriate, as Licensing Authority those du�es contained in the Housing (Scotland) Act 2006 and Civic Government (Scotland) Act 1982 Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager Private Sector Enforcement Manager 18.2 Housing (Scotland) Act 1987 • Sec�ons 87, 114, 115 and 338 – Official representa�on that the house does not meet tolerable standard Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Private Sector Enforcement Manager Page 27 of 90
Page 28
Page 19 of 65 No. Delega�on Officers with Delegated Authority Protec�ve Services Manager 18.3 To authorise and sign and issue the necessary authorisa�on to officers of the Council to exercise statutory powers (including, where appropriate, the right to enter land and premises and to sign and issue no�ces) in the discharge of their du�es in connec�on with the func�ons of the Council which will include Food Safety, Food Standards and Health and Safety. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.4 To discharge du�es in connec�on with the func�ons of the Council under Health and Safety legisla�on rela�ng to the storage of Petroleum and Explosives including the issue, grant or revoca�on of licences and registra�ons Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.5 To authorise and to sign and to issue the necessary authorisa�on to officers of the Council to exercise statutory powers (including, where appropriate, the right to enter land and premises and to sign and issue no�ces) in the discharge of their du�es in connec�on with the func�ons of the Council in rela�on to consumer protec�on, including trading standards and weights and measures, (including where appropriate, as Licensing Authority, to issue, grant or revoke licences and registra�ons) Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.6 To consider representa�ons made to the Council in rela�on to fixed penalty no�ces issued under the Tobacco and Primary Medical Services (Scotland) Act 2010 Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.7 To conduct a review of a penalty charge no�ce given to a person under the Estate Agents Act 1979 as amended Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.8 To authorise and to sign and to issue the necessary authorisa�on to officers of the Council to exercise statutory powers (including, where appropriate, the right to enter land and premises and to sign and issue no�ces) in the discharge of their du�es with regard to the func�ons of the Council in rela�on to civil enforcement ac�ons raised in terms of the Enterprise Act 2002. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.9 To act as the proper officer and delegate to such authorised officers of the Council as are appointed by the Chief Officer, such other func�ons of the Council as are carried out by the Protec�ve Services team within Community Opera�ons including but not restricted to the func�ons as set out in the legisla�on which can be accessed at the following link: htps://www.northlanarkshire.gov.uk/business/protec�ve-services-enforcement-policy-and- authorisa�ons/authorised-officers Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager Page 28 of 90
Page 29
Page 20 of 65 No. Delega�on Officers with Delegated Authority 19 Contracts and Tenders 19.1 Seek Quota�ons for Supplies, Services or Works up to the threshold levels as set out in General Contract Standing Orders Chief Execu�ve Depute Chief Execu�ve Any Chief Officer Any officer nominated by a Chief Officer who has the relevant “Delegated Procurement Authority (“DPA”)”. 19.2 Commence a Contract Award Procedure for Supplies, Services or Works up to the threshold levels as set out in General Contract Standing Orders Chief Execu�ve Depute Chief Execu�ve Any Chief Officer Any officer nominated by a Chief Officer who has the relevant “Delegated Procurement Authority (“DPA”)”. 19.3 Ensure a high level of diligence in the evalua�on of quota�ons and/or tender proposals per the standard of assurances set out in General Contract Standing Orders and any other stated contract requirement. Any officer nominated by a Chief Officer who has the relevant “Delegated Procurement Authority (“DPA”)”. 19.4 Award a Contract up to the threshold levels as set out in General Contract Standing Orders Chief Execu�ve Depute Chief Execu�ve Any Chief Officer 19.5 Award a Contract at the threshold level where the responsibility sits with the Chief Officer (Assets and Procurement) as set out in General Contract Standing Orders Chief Officer (Assets and Procurement) Any officer authorised by the Chief Officer (Assets and Procurement) 19.6 The Chief Execu�ve, Depute Chief Execu�ve, or any Chief Officer, is authorised to take such measures as may be required in emergency situa�ons and, in par�cular, to enter into an emergency contract where such a contract would avert, alleviate or eradicate the effects or poten�al effects of an emergency or disaster (actual or poten�al) involving or likely to involve danger to life or health or serious damage to or destruc�on of property, but subject compliance with the condi�ons set out in General Contract Standing Orders for “extreme urgency” Chief Execu�ve Depute Chief Execu�ve Any Chief Officer Page 29 of 90
Page 30
Page 21 of 65 No. Delega�on Officers with Delegated Authority 19.7 Chief Officers must put in place appropriate arrangements for the management of any contract, to at minimum, sa�sfy the du�es as set out in General Contract Standing Orders. Any officer nominated by a Chief Officer who has the relevant “Delegated Procurement Authority (“DPA”)”. 20 Council and Commitee Mee�ngs 20.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 193 - Signature on behalf of the authority of no�ces, orders or other documents which the Council has delegated, to the Chief Execu�ve, authority to issue • Schedule 7, paragraph 1(4) – Receipt of requisi�on for Council mee�ng • Schedule 7, paragraph 2(1) - No�ce of Council mee�ngs • Schedule 7, paragraph 2(2) – Receipt of no�ce by Member of alterna�ve address Chief Execu�ve 20.2 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 50D – Compila�on of lists of background papers and determina�on of background papers in respect of any report submited to the Council or any Commitee or Sub-Commitee of the Council by any officer Chief Execu�ve Depute Chief Execu�ve Chief Officer 20.3 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 193 – Signature of no�ces, orders or other documents which the Council has delegated to the Depute Chief Execu�ve authority to issue. Depute Chief Execu�ve Page 30 of 90
Page 31
Page 22 of 65 No. Delega�on Officers with Delegated Authority 20.4 To act as Proper Officer for the following statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 50B – Exclusion of reports containing exempt informa�on from public and provision of documents to the press • Sec�on 50C – Provision of writen summary where minutes are excluded from the public • Sec�on 50F – Determina�on of documents with certain categories of informa�on for purposes of inspec�on • Sec�on 190 – Service of legal proceedings no�ces, orders or documents on the Council Chief Execu�ve Chief Officer (Legal and Democra�c) Democra�c Services Manager 20.5 To amend the Scheme of Delega�on to Officers in those circumstances as follows:- (a) where the delegation specified becomes the operational responsibility of another Service, to transfer said delegation between Services as appropriate (b) where legislation is amended/replaced and does not have a significant impact upon the delegation, to amend the delegation accordingly where the title of an officer with delegated authority is amended, to amend said title Chief Officer (Legal and Democra�c) 21 Council Tax and Rates 21.1 To act as the Proper Officer in terms of the Local Government Finance Act 1992 and associated delegated legisla�on for all administra�ve purposes including the prepara�on and issue of Council Tax no�ces, the collec�on of the aforemen�oned tax, the handling of objec�ons to the assessments and the exemp�on, abatement or remission of charges Depute Chief Execu�ve Chief Officer (Finance) 21.2 To enter into arrangements with Water Authori�es concerning the billing and collec�on of water and sewerage charges on their behalf and to make arrangements to remit such charges to those aforemen�oned authori�es Depute Chief Execu�ve Chief Officer (Finance) 21.3 To make the necessary arrangements concerning terms and commissions payable by the Water Authori�es to North Lanarkshire Council for the billing and collec�on of water and sewerage charges on their behalf Depute Chief Execu�ve Chief Officer (Finance) Page 31 of 90
Page 32
Page 23 of 65 No. Delega�on Officers with Delegated Authority 21.4 To determine, subject to right of appeal to the respec�ve Commitee, applica�ons for remission of rates Depute Chief Execu�ve Chief Officer (Finance) 21.5 To deal with all applica�ons for Housing Benefit and Council Tax Reduc�on Scheme in terms of appropriate legisla�ve provisions and in accordance with Council policy Depute Chief Execu�ve Chief Officer (Finance) 21.6 To enter into arrangements with Sco�sh Homes, Housing Associa�ons and others in accordance with Schedule 2 of the Local Government Finance Act 1992 to administer Council Tax Benefit, Council Tax Reduc�on Scheme and discounts on behalf of North Lanarkshire Council for all those resident in the housing authority’s property Depute Chief Execu�ve Chief Officer (Finance) 22 Council Tenants 22.1 To prepare and implement at Tenant Par�cipa�on Strategy, including keeping a register of tenant organisa�on in accordance with the Housing (Scotland) Act 2001 Depute Chief Execu�ve Chief Officer (Housing Management) Business Solu�ons Manager Business Engagement Manager 23 Data Sharing 23.1 In accordance with the Informa�on Commissioners Office Data Sharing Code of Prac�ce. • To agree shared services, shared informa�on, system federa�ons with other authori�es, Na�onal Bodies and Boards including the Digital Office, Na�onal Shared Services (NSS) and Community Planning Partners Chief Officer (Business and Digital) Business Strategy Manager 24 Educa�on (excluding school specific, teaching staff and exclusions) 24.1 To carry out the func�ons of the Council in terms of the Educa�on (Scotland) Act Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Managers Principal Psychologist 24.2 To make special arrangements for pupils living in excep�onal circumstances in exercise of the powers contained in Sec�on 50 of the Educa�on (Scotland) Act 1980 Depute Chief Execu�ve Chief Officer (Educa�on) Page 32 of 90
Page 33
Page 24 of 65 No. Delega�on Officers with Delegated Authority 24.3 To determine the rates of pay to the invigilators of external examina�ons Depute Chief Execu�ve Chief Officer (Educa�on) 24.4 To carry out the func�ons of the Council in terms of Sec�ons 57 and 58 of the Educa�on (Scotland) Act 1980 as amended in rela�on to the health and cleanliness of pupils at schools Depute Chief Execu�ve Chief Officer (Educa�on) Principal Psychologist 24.5 To make appropriate arrangements for the provision of an educa�onal psychology service in terms of the Educa�on (Scotland) Act 1980 Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager Principal Psychologist 24.6 To implement the requirements of the Addi�onal Support for Learning (Scotland) Act 2004 in line with the guidance in the Code of Prac�ce and the Educa�on (Addi�onal Support for Learning) (Scotland) Act 2009 Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager Principal Psychologist 24.7 To determine requests for access to and amendment of records in terms of the Pupils Educa�on Records (Scotland) Regula�ons 2003 and the Data Protec�on Act 2018 and Regula�ons thereunder Depute Chief Execu�ve Chief Officer (Educa�on) Principal Psychologist 25 Educa�on (Atendance) 25.1 To exercise the func�ons of the Educa�on Authority in rela�on to irregular atendance at schools under their management all in terms of Sec�ons 36-41 of the Educa�on (Scotland) Act 1980 a�er consulta�on with the Atendance Sub-Group of the appropriate Local Atendance Council Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager (People) Area Officer/Registrar 25.2 To ins�tute proceedings in respect of offences under Sec�ons 35 and 41 of the Educa�on (Scotland) Act 1980 Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 26 Educa�on (Exclusions) 26.1 To exercise the powers available to the Council as educa�on authority in rela�on to the exclusion of pupils from schools Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Managers Page 33 of 90
Page 34
Page 25 of 65 No. Delega�on Officers with Delegated Authority Principal Psychologist Head Teachers 27 Educa�on (Grants, Awards and Trust Schemes) 27.1 To receive and determine applica�ons for disbursement of funds in accordance with the provisions of trust schemes vested in the Council and any endowments administered by those trusts Depute Chief Execu�ve Chief Officer (Educa�on) 27.2 To make grants up to a maximum of £10,000 to local voluntary groups, youth clubs, community groups, organisa�ons providing a direct service to children in educa�onal establishments and talented and gi�ed individuals within approved es�mates Depute Chief Execu�ve Chief Officer (Educa�on) 27.3 To make grants to school pupils to support fees, courses or expenses associated with membership of Na�onal Orchestras, atendance at the Royal Sco�sh Academy of Music and Drama and the Sco�sh Ballet School or with selec�on to represent Scotland in Sports Depute Chief Execu�ve Chief Officer (Educa�on) 27.4 To make grants to pupils to allow atendance at courses or par�cipa�on in educa�onal visits including outwith Scotland Depute Chief Execu�ve Chief Officer (Educa�on) 27.5 To accept and administer any new trusts or small endowments which may be offered to the Council for schools in North Lanarkshire Depute Chief Execu�ve Chief Officer (Educa�on) 27.6 To accept and administer any new trusts or small endowments which may be offered to the Council for schools in North Lanarkshire Depute Chief Execu�ve Chief Officer (Educa�on) 27.7 To make footwear and clothing grants to pupils in North Lanarkshire schools outwith the guidelines approved by the Council where there are circumstances of family hardship Depute Chief Execu�ve Chief Officer (Educa�on) 27.8 To make Educa�on Maintenance Allowances (EMA) to individual pupils and students in accordance with the policy approved by the Council Depute Chief Execu�ve Chief Officer (Educa�on) 27.9 To exercise the power not to withhold an Educa�on Maintenance Award where atendance or progress have been affected by excep�onal circumstances Depute Chief Execu�ve Chief Officer (Educa�on) 28 Elected Members 28.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Chief Execu�ve Page 34 of 90
Page 35
Page 26 of 65 No. Delega�on Officers with Delegated Authority Local Government (Scotland) Act 1973 • Sec�on 34 – Delivery of no�ce of resigna�on as a Member • Sec�on 33A(1) - Delivery of form of declara�on of acceptance of office within two months of elec�on 28.2 To act as Proper Officer for the following statutory requirements indicated. Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regula�ons 2003 • Set up, maintain and make available for public inspec�on the Register of Members’ Interests Chief Execu�ve Chief Officer (Legal and Democra�c) 28.3 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. • Representa�on of the People Act 1983 • Sec�on 67(7) - No�fica�on of Elec�on Agent • Sec�on 82(4) - Officer before whom declara�on as to elec�on expenses may be made • Sec�on 131(1) - Accommoda�on of, and atendance on, elec�on court • Sec�on 133(1) - Repayments of expenses of the elec�on court at the discre�on of the court • Schedule 5, paragraph 6 - Reten�on of list of rooms for use for Parliamentary Elec�on mee�ngs Local Government (Scotland) Act 1973 Sec�on 33(A)(3) - Officer before whom the declara�on of acceptance of office may be made Chief Execu�ve 29 Emergencies (also see General Delega�on 1.4) Page 35 of 90
Page 36
Page 27 of 65 No. Delega�on Officers with Delegated Authority 29.1 Where there is urgency or an emergency, as determined by the Chief Execu�ve, to take such ac�on as may be required to advance or to protect the interests of the Council, subject to advice to the Provost or the Leader of the Council or the Convener of the relevant Commitee, as appears appropriate, and subject to subsequent report to that Commitee in rela�on to maters for which Commitee approval would normally be required Chief Execu�ve 30 Establishment Changes 30.1 To approve establishment changes (including designa�on changes) in instances in which the grades of the post have been iden�fied by means of methods approved by the Council and the costs of the changes are fully met from external sources Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 31 Estate Management 31.1 To deal with general estates management maters, including rent reviews, assigna�ons, re- gears, surrenders and renewal of leases, in accordance with the Council policies/prac�ce as from �me to �me approved by the Council Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 32 Environmental Protec�on 32.1 Environmental Protec�on Act 1990 • Sec�on 149 - Rela�ve to reference to Sec�on 3 of the Dogs Act 1906 (seizure of stray dogs) Depute Chief Execu�ve Chief Officer (Community Opera�ons) 32.2 To act on behalf of the Council for matters referred to in the Water Environment (Controlled Activities) (Scotland) Regulations 2011 for the following purposes: • Signing Controlled Ac�vity Regula�ons licence applica�ons referred to in the Water Environment (Controlled Ac�vi�es) Regula�ons 2011 on behalf of the Council Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Page 36 of 90
Page 37
Page 28 of 65 No. Delega�on Officers with Delegated Authority 32.3 To act on behalf of the Council for matters referred to in the Water Environment (Controlled Activities) (Scotland) Regulations 2011 for the following purposes: • Securing compliance with the terms of the licence issued by SEPA Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Environmental Assets Assistant Business Managers, Environment and Estates 33 Fees and Charges 33.1 To set charges for services where there is a discre�onary limit Chief Execu�ve 33.2 To act as the Proper Officer in terms of Part II of the Local Government Finance Act 1992 and associated delegated legisla�on for all administra�ve purposes including the prepara�on and issue of no�ces, the collec�on of charges, the handling of objec�ons to the amounts charged and the exemp�on, abatement or remission of charges Depute Chief Execu�ve Chief Officer (Finance) 33.3 To determine charges for public events arranged by Educa�on and Families Depute Chief Execu�ve Chief Officer (Educa�on) 33.4 To nego�ate fees with performers up to a limit of £20,000 Depute Chief Execu�ve Chief Officer (Educa�on) 33.5 To approve the annual charge payable to the Dalziel Trust for the use of the sports facili�es at Dalziel Park Depute Chief Execu�ve Chief Officer (Educa�on) Business Finance Manager 33.6 To enter into agreements on suitable terms with college Boards of Management in respect of the provision by the Council of goods and services which are permitted by the Local Authorities (Goods and Services) Act 1970. The permitted agreements relate to the following:- • The supply by the Council to the college of any goods or materials • The provision of any administra�ve, professional or technical services • The use by the college of any vehicle, plant or apparatus belonging to the Council together with the services of any person employed in connec�on with the vehicle or other property, and • The carrying out of works of maintenance of the land or buildings for which the Board of Management is responsible Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Page 37 of 90
Page 38
Page 29 of 65 No. Delega�on Officers with Delegated Authority 33.7 To determine charges for ad hoc promotions, group discounts, classes, commercially priced events and other similar matters. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) 34 Finance/Financial Maters 34.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 92 – Specifica�on or transfer of securi�es in name of local authority • Sec�on 95 – Responsibility for administra�on of financial affairs • Sec�on 191 – Claims sequestra�ons, liquida�ons or other proceedings • Sec�on 193 – Signature on behalf of the authority of no�ces, orders or other documents which the Council has delegated, to the Chief Officer (Finance), authority to issue Chief Execu�ve Chief Officer (Finance) 34.2 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Environmental Protec�on Act 1990 • Accoun�ng records, control systems and the statement of accounts in terms of the Local Authority Accounts (Scotland) Regula�ons 2014 Chief Execu�ve Chief Officer (Finance) 34.3 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government etc. (Scotland) Act 1994 • Sec�on 16 of in respect of property held on trust Chief Execu�ve Chief Officer (Finance) 34.4 To carry out Treasury Management ac�vi�es including investment, borrowing and banking ac�vi�es or other associated ac�vi�es In respect of each func�on, the officer(s) specified in the Treasury Management Prac�ces Page 38 of 90
Page 39
Page 30 of 65 No. Delega�on Officers with Delegated Authority Manual maintained in accordance with the Treasury Policy statement and Code of Prac�ce 34.5 To approve home loans within the Council policy Chief Execu�ve Chief Officer (Finance) 34.6 Except in so far as specifically delegated by the Council to another officer in respect of any individual company, to exercise the whole powers of the Council as member of any company in which the Council has a shareholding Chief Execu�ve Chief Officer (Finance) 34.7 To act as the Money Laundering Responsible Officer (MLRO) in terms of appropriate legisla�ve provisions and in accordance with Council policy Chief Officer (Finance) 34.8 To act as the Proper Officer in terms of the Income-related Benefits (Subsidy to Authori�es) Order 1998 in respect of claims Depute Chief Execu�ve Chief Officer (Finance) 34.9 To act as the Proper Officer in terms of the Local Government (Scotland) Acts of 1973 and 1975, Part II of the Local Government Finance Act 1992, the Local Government Finance Act 1992 and associated delegated legisla�on for all administra�ve purposes, including arranging the prepara�on of the assessment roll, the prepara�on and issue of rates no�ces, the collec�on of rates, the receiving and setling of claims for non-domes�c rates, exemp�on from rates, the handling of objec�ons to the amount of rates levied and the abatement, remission or repayment of rates under the various ra�ng provisions Depute Chief Execu�ve Chief Officer (Finance) 34.10 To consider and submit applica�ons for external/grant funding to the Sco�sh Government, UK Government or other external funding programmes on behalf of the council or, where required by grant terms and condi�ons, on behalf of partnership or other third par�es. Chief Execu�ve Depute Chief Execu�ve Chief Officers 34.11 To accept grant and funding offers from the Sco�sh Government, UK Government or other external funding programmes Chief Execu�ve Depute Chief Execu�ve Chief Officers 34.12 To submit financial claims and/or monitoring reports for external/grant funding which has been secured by the council and manage/distribute grant funding accordingly in line with grant terms and condi�ons Chief Execu�ve Depute Chief Execu�ve Chief Officers Enterprise Manager Growth Programme Manager City Deal Manager Infrastructure & Transporta�on Manager Housing Development Manager Page 39 of 90
Page 40
Page 31 of 65 No. Delega�on Officers with Delegated Authority 35 Fixed Penalty No�ces 35.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Environmental Protec�on Act 1990 Sec�on 88(8) and (10) – Evidence of payment of fixed penalty no�ces for leaving liter Chief Execu�ve Chief Officer (Finance) 36 Glasgow City Region 36.1 To submit strategic, outline and full levels of business case to Glasgow City Region (GCR) Programme Management Office for considera�on by the GCR Cabinet for funding approval. Depute Chief Execu�ve Chief Officer (Place) City Deal Manager 37 Housing (both Social and Private) 37.1 Housing (Scotland) Act 1987 • Sec�ons 87, 114, 115 and 338 - Official representa�on that the house does not meet tolerable standard Depute Chief Execu�ve Chief Officer (Community Opera�ons) 37.2 Housing (Scotland) Act 1988 • Schedule 5, Part 3, paragraph 5.5 - Cer�ficate as to suitable alterna�ve accommoda�on Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Business Solu�ons Manager 37.3 To operate the system of alloca�on of houses within the policy determined by the Council Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers Page 40 of 90
Page 41
Page 32 of 65 No. Delega�on Officers with Delegated Authority Housing Co-ordinator Business Solu�ons Manager Business Engagement Manager 37.4 To consider and control sub-tenancies in houses belonging to the Council Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers Housing Co-ordinator 37.5 To control and abate overcrowding Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers Housing Co-ordinator 37.6 To control the conduct and standard of tenancies Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers Housing Co-ordinator Business Solu�ons Manager Business Engagement Manager 37.7 To deal with all applica�ons received under Part 2 of the Housing (Scotland) Act 1987 (Homeless Persons) and to take all necessary ac�on to implement the du�es placed upon the Council by the said provisions, including the grant of temporary accommoda�on and the issue of all no�ces in terms of that Act Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers Page 41 of 90
Page 42
Page 33 of 65 No. Delega�on Officers with Delegated Authority Housing Co-ordinator Business Solu�ons Manager 37.8 To raise proceedings for recovery of possession of dwellinghouses and to serve all necessary no�ces preliminary thereto in terms of the Housing (Scotland) Act 2001 or otherwise and to take all appropriate ac�on necessary to implement and enforce decrees granted by the Courts in pursuance of such ac�ons, including the acceptance of suitable offers of payment of arrears of rent in lieu thereof Depute Chief Execu�ve Chief Officer (Housing Management) Manager, Finance and Administra�on Income Manager Finance Manager Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers Business Solu�ons Manager 37.9 An� Social Behaviour (Scotland) Act 2004 Inves�ga�ng noise nuisance, serving warning no�ces and fixed penalty no�ces, and seizing and removing equipment in accordance with sec�ons 41 to 54 of the An�social Behaviour etc (Scotland) Act 2004 Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers An� Social Response Officers 37.10 In case of emergency to approve requests for provision of temporary housing Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers Housing Co-ordinator Business Solu�ons Manager 37.11 To grant “leases” of temporary accommoda�on Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Page 42 of 90
Page 43
Page 34 of 65 No. Delega�on Officers with Delegated Authority Housing Service Managers Housing Co-ordinator Business Solu�ons Manager 37.12 To grant "leases" and to incur expenditure on the provision of Bed and Breakfast accommoda�on where necessary Depute Chief Execu�ve Chief Officer (Housing Management) 37.13 To manage supported or temporary accommoda�on and to raise proceedings for the recovery of possession of all proper�es used for the provision of temporary or supported accommoda�on and to serve no�ces preliminary thereto in terms of the Housing (Scotland) Act 1987 or otherwise and to take all ac�on necessary to implement and enforce decrees granted in pursuance of such ac�ons Depute Chief Execu�ve Chief Officer (Housing Management) Housing Solu�ons Manager Housing Area Managers Housing Business Managers Housing Service Managers Housing Co-ordinator 37.14 To prepare and implement a Tenant Par�cipa�on Strategy, including keeping a register of tenant organisa�on in accordance with the Housing (Scotland) Act 2001 Depute Chief Execu�ve Chief Officer (Housing Management) Business Solu�ons Manager Business Engagement Manager 37.15 Housing (Scotland) Act 2006 To determine applica�ons for assistance including grants, in accordance with the council’s Scheme of Assistance and appropriate legisla�ve provisions (excluding any applica�ons made under and in terms of sec�on 71(1)(b) which relate to an aid or adap�on) Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Private Sector Enforcement Manager Service Manager (Health and Social Care) 37.16 To waive certain grant condi�ons under the Scheme of Assistance Chief Officer (Community Opera�ons) 37.17 To instruct and arrange works in default to private sector proper�es, following enforcement ac�on Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Private Sector Enforcement Manager 37.18 To agree changes to the Strategic Housing Investment Plan and Affordable Housing Supply Programme with the Sco�sh Government, in accordance with Local Housing Strategy priori�es Depute Chief Execu�ve Chief Officer (Place) Housing Development Manager 37.19 To agree Affordable Housing Policy contribu�ons on applicable sites in accordance with the approved Affordable Housing Policy Depute Chief Execu�ve Chief Officer (Place) Housing Development Manager Page 43 of 90
Page 44
Page 35 of 65 No. Delega�on Officers with Delegated Authority 37.20 To determine and approve applica�ons under the Council’s Empty Homes Purchase Scheme and Open Market Purchase Scheme Depute Chief Execu�ve Chief Officer (Place) Chief Officer (Housing Management) Housing Development Manager 37.21 To accept Sco�sh Government Grant offers related to the delivery of new supply housing; or other housing or regenera�on related programmes Depute Chief Execu�ve Chief Officer (Place) Growth Programme Manager Housing Development Manager 37.22 After consultation with the local Members, to make grants to householders for the purpose of making good fabric and decoration (excluding curtains) in houses affected by the Council under the Noise Insulation (Scotland) Regulations 1975 at the rates and on the conditions which may be prescribed from time to time by the Council Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 38 Housing Repairs and Maintenance 38.1 To assess responsibility for repairs and replacements in accordance with the policy determined by the Council, and to meet the Sco�sh Housing Quality Standard Depute Chief Execu�ve Chief Officer (Housing and Property Services) Investment Manager Project Delivery Manager Service Delivery Manager 38.2 In terms of Sec�on 28 of the Housing (Scotland) Act 2001, to determine applica�ons by tenants for the altera�on, improvement or enlargement of Council house’s or of any fi�ngs or fixtures, including but not limited to the addi�on of new fi�ngs or fixtures and the erec�on of a garage, shed or other structure and by owner/occupiers for altera�ons to former Council houses in accordance with the terms of policy guidelines for such altera�ons as laid down by the former Housing and Technical Services Commitee Depute Chief Execu�ve Chief Officer (Housing and Property Services) Investment Manager Repairs and Maintenance Manager Programme Delivery Manager Project Delivery Manager Service Delivery Manager Project Manager Page 44 of 90
Page 45
Page 36 of 65 No. Delega�on Officers with Delegated Authority 38.3 To determine and authorise payment of home loss and/or decora�on/disturbance payments in accordance with the policy as determined from �me to �me by the Council Depute Chief Execu�ve Chief Officer (Housing and Property Services) Investment Manager Repairs and Maintenance Manager Programme Delivery Manager Project Delivery Manager Service Delivery Manager Project Manager 38.4 To approve extensions and/or major adapta�ons to council houses where this has been assessed as being necessary to meet the assessed needs of the household, subject to available resources. Depute Chief Execu�ve Chief Officer (Housing and Property Services) Chief Officer (Housing Management) 38 .5 To accept Sco�sh Government Grant offers related to energy efficiency programmes or other housing related programmes Depute Chief Execu�ve Chief Officer (Housing and Property Services) Chief Officer (Housing Management) Investment Manager 39 Informa�on Technology (IT) 39.1 To operate a strategic IT Enterprise Architecture Governance methodology and process to control the IT Landscape within the Council Chief Officer (Business and Digital) 39.2 To develop, implement and maintain an appropriate Council ICT and Digital Strategy Chief Officer (Business and Digital) Business Strategy Manager 39.3 Develop, implement and maintain effec�ve ICT security, including cyber security, protocols Chief Officer (Business and Digital) Technology Strategy Manager 39.4 To establish and ensure compliance with a corporate framework of policy and standards in respect of the acquisi�on and use of ICT services and assets Chief Officer (Business and Digital) Technology Strategy Manager 39.5 To approve any amendments and addi�ons in respect of the Council’s corporate network and ICT infrastructure Chief Officer (Business and Digital) Technology Strategy Manager 39.6 To determine and maintain the Councils approved ICT catalogue and associated items Chief Officer (Business and Digital) Technology Strategy Manager 40 Insurance Page 45 of 90
Page 46
Page 37 of 65 No. Delega�on Officers with Delegated Authority 40.1 To take out the necessary insurances to protect the interests of the Council Depute Chief Execu�ve Chief Officer (Finance) 40.2 to make arrangements with insurance companies concerning the setlement of claims and to setle pre-li�gated claims Depute Chief Execu�ve Chief Officer (Finance) 41 Legal Maters 41.1 To act as Proper Officer for the following statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 197 – Inspec�on and deposit of documents • Sec�on 231 – Applica�on to Sheriff on ques�ons arising from Local Government (Scotland) Act 1973 Chief Execu�ve Chief Officer (Legal and Democra�c) 41.2 To act as Proper Officer for the following statutory requirements indicated. Electricity Act 1989 Sec�on 109(6) – Service of documents on local authority secretary Chief Execu�ve Chief Officer (Legal and Democra�c) 41.3 To act as Proper Officer for the following statutory requirements indicated. Further and Higher Educa�on (Scotland) Act 1992 Sec�on 35 - Service of No�ces and Documents on local authority secretary Chief Execu�ve Chief Officer (Legal and Democra�c) 41.4 To act as Proper Officer for the following statutory requirements indicated. Requirements of Wri�ng (Scotland) Act 1995 Schedule 2 - Signing of documents (including digital signing) Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (Property and Planning) Page 46 of 90
Page 47
Page 38 of 65 No. Delega�on Officers with Delegated Authority 41.5 Authority is granted to make arrangements to represent the Council in rela�on to any Court proceedings or any other proceedings before any judicial or administra�ve authority and, for that purpose, to ini�ate, enter, defend and withdraw from any such proceedings, including authority to compromise claims where it is considered expedient so to do Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 41.6 To engage the services of Counsel or other legal exper�se where it is considered appropriate to do so in the interests of the Council Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 41.7 To appoint Solicitors to act as the Council’s law agents in Edinburgh Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 41.8 To act as Proper Officer for the following statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 193 – Signature on behalf of the authority of no�ces, orders or other documents in respect of which the Council has delegated to the Chief Officer (Legal and Democra�c) authority to issue • Sec�on 194 – Execu�on of deeds and use of seal Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 42 Liquor Licensing 42.1 A�er consulta�on with the Convener of the appropriate Commitee and with the appropriate local members to take such ac�on as is deemed necessary to oppose applica�ons for liquor and trading licences whenever educa�onal establishments might be adversely affected. Depute Chief Execu�ve Chief Officer (Educa�on) Hub Strategy Manager Forward Planning Manager 42.2 In respect of the Licensing (Scotland) Act 2005 (a) in consulta�on with the Chief Officer (Legal and Democra�c) to lodge objec�ons or make representa�ons to the Licensing Board in respect of any applica�on for a premises licence Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Page 47 of 90
Page 48
Page 39 of 65 No. Delega�on Officers with Delegated Authority (b) in consulta�on with the Chief Officer (Legal and Democra�c) to apply to the Licensing Board for a review of any licensed premises in rela�on to which a premises licence has effect where considered appropriate Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Officers Protec�ve Services Manager 43 Mee�ng Accommoda�on 43.1 To grant free use of commitee mee�ng accommoda�on within the Civic Centre during office hours to trade unions and similar bodies for uses which, in the view of the officer exercising the delegated powers, relate directly to maters involving the Council and, in excep�onal circumstances, outwith office hours Chief Execu�ve Chief Officer (Legal and Democra�c) Chief Officer (People Resources) 43.2 To authorise use of formal mee�ng accommoda�on under the control of the Chief Officer (Legal and Democra�c) within the Civic Centre during office hours subject to the condi�ons and scale of charges approved from �me to �me by the Council in respect of accommoda�on under the control of the Depute Chief Execu�ve and, outwith office hours, subject to an addi�onal charge to take account of the costs of such extra security provision as is considered necessary by the officer exercising the delegated power Chief Execu�ve Chief Officer (Legal and Democra�c) Democra�c Services Manager 43.3 To grant free use of accommoda�on within premises under the control of the Chief Officer (Legal and Democra�c) for surgeries held by Members of Parliament and Members of the Sco�sh Parliament in cases in which the premises are considered suitable and arrangements can be effected without significant cost to the Service Chief Execu�ve Chief Officer (Legal and Democra�c) Democra�c Services Manager 44 Mental Health 44.1 To appoint Mental Health Officers in terms of the Mental Health (Care and Treatment) (Scotland) Act 2003 and to carry out the func�ons of the Council under the Mental Health (Care and Treatment) (Scotland) Act 2003 (excluding those func�ons prescribed under and in terms of sec�ons 17, 25-27 (except in so far as they are exercisable in rela�on to housing support services), 33, 34, 228 and 259) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 45 Natural Habitats Page 48 of 90
Page 49
Page 40 of 65 No. Delega�on Officers with Delegated Authority 45.1 To be the legally responsible named licence holder in respect to works affec�ng bats and other species as required by the Conserva�on (Natural Habitats, &c.) Regula�ons 1994 (as amended) Depute Chief Execu�ve Chief Officer (Asset and Procurement) Chief Officer of Community Opera�ons Chief Officer (Place) Conserva�on and Biodiversity Manager 46 Parks, Open Spaces and Land 46.1 Following consulta�on with the local Members, to deal with requests for the use of parks and open spaces for the purposes of galas, wreath laying, events, travelling show-grounds, circus sites and other similar purposes Depute Chief Execu�ve Chief Officer (Asset and Procurement) Chief Officer of Community Opera�ons Chief Officer (Place) Group Manager (Estates) Strategic Asset Manager 46.2 To lease areas of ground 50 square metres or less to u�lity providers for an ini�al period not exceeding 175 years Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 46.3 To grant temporary lets to charitable or fairground operators or for use of industrial compounds, to grant or take wayleaves, to grant or take servitudes and to grant or take licences to occupy land and other similar temporary rights, all in accordance with the Council policies/prac�ce as from �me to �me approved by the Council Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) Strategic Asset Manager 46.4 To declare land and property surplus to the Council's requirements. Depute Chief Execu�ve Chief Officer (Asset and Procurement) 46.5 To re-allocate land from one Service to another where the financial considera�on is less than £250,000 Depute Chief Execu�ve Chief Officer (Asset and Procurement) 46.6 To nego�ate and grant access to Council land to statutory undertakers Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 46.7 Following consulta�on with the relevant Convener or Vice Convener, the local Members and where appropriate, the Chief Officer (Legal and Democra�c) and Chief Officer (Place), to ini�ate and serve or determine not to serve in terms of the Town and Country Planning Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager Page 49 of 90
Page 50
Page 41 of 65 No. Delega�on Officers with Delegated Authority (Scotland) Act 1997 No�ces Requiring Proper Maintenance of Land (wasteland amenity no�ce) S. 179 Pollu�on Control Manager Senior Environmental Health Officers 46.8 To consider and determine applications for the adoption of open spaces, subject always to the terms and conditions of the adoption complying with the policy for the adoption of open spaces agreed from time to time by the Council Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Chief Officer (Assets and Procurement) 46.9 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated:- Land Reform (Scotland) Act 2003 • Sec�on 10 – To publicise the Sco�sh Outdoor Access Code, including any summaries and related guidance available for examina�on in all appropriate Council buildings, newsleters, websites etc. and to advise appropriate staff on its content • Sec�on 11 – Following consulta�on with the North Lanarkshire Access Forum, to determine requests to exempt land from access rights for a period of up to 5 days • Sec�on 14(2) – Where an owner of land in respect of which access rights are exercisable prevents or deters any person from exercising their rights in terms of this Act, to serve a No�ce on the owner of the land requiring remedial ac�on, as specified in the No�ce, requiring him to take such ac�on to allow access within such reasonable �me as so specified • Sec�on 18(8) – Following adop�on of the plan, to give public no�ce of its adop�on, maintain a list of core paths, retain any plans, maps etc. for public inspec�on and for sale at a reasonable price and to send a copy to the Sco�sh Ministers • Section 20 (5) to amend the Core Paths Plan, where satisfied that it is expedient so to do having regard to: (a) the extent to which it appears that persons would, but for the amendment, be likely to exercise access rights using the core path; and (b) the effect which the amendment of the plan would have as respects land served by the core path • Sec�on 21 - To enter into agreements with landowners to delineate pathways. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Page 50 of 90
Page 51
Page 42 of 65 No. Delega�on Officers with Delegated Authority 46.10 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated:- Land Reform (Scotland) Act 2003 • Section 15 - Measures for safety, protection, guidance assistance • Sec�on 19 - powers to maintain core paths • Sec�on 26 - Power of entry to land to exercise the authority's func�ons under the Act Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Greenspace and Country Parks Manager Community Greenspace Manager Forestry and Access Manager 47 Partnership 47.1 To contribute to partnership projects which meet the aims and objec�ves of the Council as approved by the Council Chief Execu�ve 48 People with Disabili�es 48.1 To carry out the func�ons of the Council under the Disabled Persons (Badges for Motor Vehicles) Regula�ons 1982 and subsequent legisla�on Chief Officer, Health and Social Care Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Head of Health Health and Social Work Managers Managers, Adult Services Locality Social Work Managers, Community Care 48.2 To accept or reject applica�ons for installa�on of telephones for disabled people based on approved criteria and availability of finance Chief Officer (Health and Social Care) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Head of Health Health and Social Work Managers Page 51 of 90
Page 52
Page 43 of 65 No. Delega�on Officers with Delegated Authority Managers, Adult Services Locality Social Work Managers, Community Care Health and Social Work Managers 48.3 To deal with all applica�ons for Blue Badges in terms of appropriate legisla�ve provisions and in accordance with Council policy Depute Chief Execu�ve Chief Officer (Finance) 49 Pe��ons 49.1 To enact the terms of a pe��on received by the Council in so far as resources and authority is available and appropriate Depute Chief Execu�ve Chief Officer (Strategic Communica�on and Engagement) Community Partnership Managers 50 Planning and Enforcement 50.1 Authority is granted to recover the Council’s legal and administra�ve expenses and outlays from third par�es for Agreements to be entered into under the Town and Country Planning (Scotland) Act 1997 Sec�on 75 and the Local Government (Scotland) Act 1973 Sec�on 69 Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 50.2 On the recommenda�on of the Chief Officer of the relevant Service or the Chief Officer (Place), to serve Enforcement and Stop No�ces, Listed Building Preserva�on No�ces and to make provisional Tree Preserva�on Orders or other no�ces or orders under the Town and Country Planning (Scotland) Acts where necessary to maintain the Council’s interests and to preserve the status quo and to withdraw or vary such no�ces or orders Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 50.3 A�er consulta�on with the Convener of the appropriate Commitee and with the appropriate local members to take such ac�on as is deemed necessary to oppose planning applica�ons whenever educa�onal establishments might be adversely affected Depute Chief Execu�ve Chief Officer (Educa�on) Hub Strategy Manager Forward Planning Manager 50.4 Local Government (Scotland) Act 1973 • No�ces rela�ng to the evacua�on of buildings under Schedule 5 of the Building (Scotland) Act 2003 Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Page 52 of 90
Page 53
Page 44 of 65 No. Delega�on Officers with Delegated Authority 50.5 To determine any applica�on for planning permission or any applica�on for consent, agreement or approval required by condi�on imposed on a grant of planning permission, within the category of local developments as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regula�ons 2009, subject to the excep�ons as listed below: (a) Any applica�on made by a member of staff of the Place Service an Elected Member or a Chief Officer of the Council (b) Any applica�on which, if approved, would require to be no�fied to the Sco�sh Ministers (c) Any applica�on which raises significant objec�ons (six or more all of which raise material planning issues) (mul�ple objec�ons from one person or one household will count as one objec�on) (d) Any applica�on which, if approved, would be contrary to the Development Plan Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.6 To determine within the following categories, applica�ons in respect of which fewer than 6 objec�ons have been received (all of which raise material planning issues). (Mul�ple objec�ons from one person or one household will count as one objec�on):- (a) Adver�sements of all kind (b) Listed building applica�ons (c) Applica�ons for conserva�on area consent (d) Applica�ons to lop, top, pollard, fell or destroy trees which are subject to protec�on by a confirmed Tree Preserva�on Order which are within a Conserva�on Area (e) Applica�ons for a cer�ficate of Lawfulness in terms of sec�ons 150 and 151 of the Town and Country Planning (Scotland) Act 1997 (f) Applica�ons for Prior Approval in terms of Schedule 1 to the Town and Country Planning (General Permited Development) (Scotland) Order 1992 (g) Applica�ons for non-material varia�ons in terms of Sec�on 64 of the Town and Country Planning (Scotland) Act 1997 Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.7 To nego�ate and conclude legal agreements (under Sec�on 75 of the Town and Country Planning (Scotland) Act 1997 (as amended) and Sec�on 69 of the Local Government (Scotland) Act 1973) associated with applica�ons determined under delega�on 5 Chief Officer (Place) Page 53 of 90
Page 54
Page 45 of 65 No. Delega�on Officers with Delegated Authority Planning and Place Manager Planning Managers Senior Planning Officers 50.8 To determine applica�ons made in terms of Sec�on 75A of the Town and Country Planning (Scotland) Act 1997 (as amended) Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.9 To ini�ate and serve in terms of Town and Country Planning (Scotland) Act 1997 (a) Discontinuance Notices s.71 (b) Planning Contravention Notices s.125 (c) Section 272 Notices (d) Section 186 Notices in terms of the Town and Country Planning (Control of Advertisement) (Scotland) Regulations 1984 Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.10 Following consulta�on with the Convener or, in their absence, the Vice Convener of the Planning Commitee, the local Members and where appropriate, the Chief Officer (Legal and Democra�c), to ini�ate and serve in terms of the Town and Country Planning (Scotland) Act 1997 (a) Enforcement No�ces, s.127 (b) Breach of Condi�on No�ces, s.145 (c) Stop No�ces, s.140 (d) Applica�on for interdict s.146 (e) Tree Preserva�on Orders s.160 (f) No�ces rela�ng to removal, or oblitera�on, as appropriate of unauthorised posters, s.187 (g) No�ces Requiring Proper Maintenance of Land (wasteland amenity no�ce) s. 179 (h) Fixed Penalty No�ces (i) Temporary Stop No�ces and ancillary thereto, in circumstances considered appropriate by the Chief Officer (Place) to instruct works to be carried out and costs to be recovered Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.11 In terms of the Planning (Listed Buildings and Conserva�on Areas) (Scotland) Act 1997 Chief Officer (Place) Page 54 of 90
Page 55
Page 46 of 65 No. Delega�on Officers with Delegated Authority (a) Building Preserva�on No�ces s.3 (b) Listed Building Enforcement No�ces, s.34 Planning and Place Manager Planning Managers Senior Planning Officers 50.12 To consider applica�ons within the category of Prior No�fica�on or Prior Approval made under the Town and Country Planning (General Permited Development) (Scotland) Order 1992 Schedule 1 for Part 20 – Class 67: Development by Electronic Communica�ons Code Operators regardless of how many objec�ons have been received Chief Officer (Place) Planning and Place Manager Planning Managers 50.13 To carry out the following func�ons of the Council in rela�on to the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regula�ons 2017: (a) Screening opinion (b) Scoping opinion Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.14 To prepare and submit the Council’s case in planning and enforcement appeals and to determine whether to claim costs on behalf of the Council in respect of planning appeals Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.15 To respond to consulta�ons from neighbouring authori�es where proposals accord with the relevant development plan and on scoping and screening opinions under the Environmental Impact Assessment (Scotland) Regula�ons 2017 Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.16 To determine applica�ons for High Hedges No�ces made under the High Hedges (Scotland) Act 2013, prepare and present the Council’s case in appeals against such decisions, serve High Hedges No�ces, and ancillary thereto, in circumstances considered appropriate by the Depute Chief Execu�ve, to instruct works to be carried out and costs to be recovered Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.17 To determine applica�ons made in terms of sec�on 35A and 35B of the Town and Country Planning (Scotland) Act 1997, as amended Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 50.18 In accordance with sec�on 39 of the Town and Country Planning (Scotland) Act 1997, to decline to determine an applica�on (which has been refused within the past 2 years and is of the same nature) Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officer Page 55 of 90
Page 56
Page 47 of 65 No. Delega�on Officers with Delegated Authority 51 Poli�cally Restricted Posts 51.1 To update and alter records of poli�cally restricted or poli�cally sensi�ve posts maintained in terms of the Local Government and Housing Act 1989 and to issue no�ces of entries in such records Chief Execu�ve Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 52 Projects 52.1 In respect of all projects in which Asset and Procurement Solu�ons provide professional advice services to the Council, to discharge the full responsibili�es of the Council in terms of the Construc�on (Design and Management) Regula�ons 2015 as client Depute Chief Execu�ve Chief Officer (Asset and Procurement) 52.2 In respect of all projects undertaken by Planning and Regenera�on, discharge the full responsibili�es of the Council in terms of the Construc�on (Design and Management) Regula�ons 2015 Depute Chief Execu�ve Chief Officer (Place) Chief Officer (Housing and Property Services) Housing Development Manager Growth Programme Manager City Deal Manager Project Delivery Manager Investment Manager Repairs Manager (Housing and Corporate Proper�es) Programme Delivery Manager Project Delivery Manager Programme Support Manager 52.3 To accept invita�ons from all legal external sources to carry out construc�on-related design and construc�on projects where legisla�on permits Depute Chief Execu�ve Chief Officer (Asset and Procurement) 52.4 Construction (Design and Management) Regulations 1994 (revised 2015) as follows:- • to fulfil the du�es of the Client Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Page 56 of 90
Page 57
Page 48 of 65 No. Delega�on Officers with Delegated Authority • to appoint a Principal Designer and/or Designer, Principal Contractor and/or Contractor • in the case of contracts where the council is appointed as Principal Designer and/or Designer, Principal Contractor and/or Contractor, to carry out the du�es appropriate to each such appointment • in the case of contracts where the Council acts as agents for the Sco�sh Government or other external agencies, to consent to the Council being appointed as the client agent. Chief Officer (Housing and Property Services) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Investment Manager Project Delivery Manager Contract Strategy Manager Contract Support Manager Programme Support Manager Programme Delivery Manager Project Delivery Manager Housing Development Manager Growth Programme Manager City Deal Manager Project Delivery Manager 52.5 To accept invitations from all legal external sources to carry out construction-related design and construction projects Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) 53 Property 53.1 Authority is granted to sign Missives binding the Council in respect of property and to issue no�ces, orders or other requirements where this is in implement of or ancillary to a decision of the Council or a statutory requirement Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (Property and Planning) 53.2 To consider and on behalf of the Council to decline to exercise right of pre-emp�on available to the Council Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) Strategic Asset Manager 53.3 To lease commercial or industrial premises for an ini�al period not exceeding ten years Depute Chief Execu�ve Chief Officer (Asset and Procurement) Page 57 of 90
Page 58
Page 49 of 65 No. Delega�on Officers with Delegated Authority Group Manager (Estates) Strategic Asset Manager 53.4 To take leases of property for an ini�al period not exceeding ten years Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 53.5 To re-allocate property from one Service to another where the financial considera�on is less than £250,000 Depute Chief Execu�ve Chief Officer (Asset and Procurement) 53.6 Process property transac�ons for financial considera�on up to and including £250,000, including the purchase of residen�al proper�es for the Council's Empty Homes and Open Market Purchase Schemes Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 53.7 To take such ac�ons as may be required to comply with the Property Factors (Scotland) Act 2011 Depute Chief Execu�ve Chief Officer (Community Opera�ons) Private Sector Enforcement Manager 53.8 To agree on behalf of the Council the assessments for ra�ng purposes in accordance with statutory requirements Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Design) Facility Support Services Manager Group Manager (Estates) Property Manager (Estate Development) Strategic Asset Manager Hub Strategy Manager Commercial Contracts Manager 53.9 To sign on behalf of the Council the valua�on cer�ficates for asset valua�ons in accordance with financial regula�ons Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Design) Facility Support Services Manager Group Manager (Estates) Property Manager (Estate Development) Strategic Asset Manager Hub Strategy Manager Commercial Contracts Manager 54 Page 58 of 90
Page 59
Page 50 of 65 No. Delega�on Officers with Delegated Authority Refugees and Asylum Seekers 54.1 Accept transfers under the mandatory Na�onal Transfer Scheme for Unaccompanied Asylum Seeking Children Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Senior Educa�on and Family Managers (Social Work) 55 Residen�al Care 55.1 To con�nue to assist persons who are unable to meet the costs of their residen�al care un�l they sell a house by paying their accounts on an interim basis and to recover the monies so expended a�er the house is sold Chief Officer (Health and Social Care) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Head of Health Managers Adult Services Health and Social Work Managers Locality Social Work Managers 56 Roads and Transporta�on 56.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Roads (Scotland) Act 1984 - Sec�on 96(1) • Issue of Cer�ficate of Extraordinary Expense incurred in maintaining a road Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) 56.2 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 13 in rela�on to the imposi�on on frontagers of the requirement to make up and maintain private roads including the service of appropriate no�ces • Under Sec�on 16(1) (b) in rela�on to the considera�on and determina�on of applica�ons for the adop�on of private roads Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Page 59 of 90
Page 60
Page 51 of 65 No. Delega�on Officers with Delegated Authority 56.3 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 30 in rela�on to the service of no�ces subject to Sec�on 31(3) in connec�on with carrying out works for protec�ng roads against hazards of nature Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Team Leaders 56.4 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 31(3) in rela�on to the service of no�ces in connec�on with the drainage of public roads • Under Sec�on 62, in rela�on to the temporary prohibi�on or restric�on of traffic on roads for reasons of public safety or convenience, a�er consulta�on with the Chief Constable and the Chief Officer (Legal and Democra�c) and a�er informing the local Members • Under Sec�on 140 in rela�on to the authorisa�on of persons specified therein Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 56.5 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�ons 36 and 37, in rela�on to the construc�on of road humps, a�er consulta�on with the Chief Constable and the Chief Officer (Legal and Democra�c) and a�er informing the appropriate Convener, the appropriate Vice-Convener and the local Members Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on 56.6 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 78(2) in rela�on to the service of no�ce prior to the diversion of waters, where necessary, in connec�on with the construc�on, improvement or protec�on of a public road Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 56.7 To carry out the func�ons of the Council in terms of Sec�on 23 of the Road Traffic Regula�on Act 1984 in rela�on to pedestrian crossings Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Page 60 of 90
Page 61
Page 52 of 65 No. Delega�on Officers with Delegated Authority 56.8 To sign approval in principle forms and design check cer�ficates for roads related structures on behalf of the Council as Technical Approval Authority and when submi�ng similar documents to an external Technical Approval Authority, in accordance with requirements of specific forms and cer�ficates. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Team Leaders Signatory must be a Chartered Engineer and be a corporate Member of either ICE or IstructE 56.9 After consultation with the Chief Constable and the Chief Officer (Legal and Democratic), and after informing the appropriate Convener, the appropriate Vice-Convener and the local Members, to arrange for the advertisement of any proposals for the making, revocation or variation of Orders and Schemes under:- • the Road Traffic Regula�on Act 1984, and • Sec�ons 68, 69, 70 and 71 of the Roads (Scotland) Act 1984 Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 56.10 In consultation with the Chief Officer (Community Operations) and Chief Officer (Place), to approve Traffic Regulation Orders, under the terms of the Road Traffic Regulation Act 1984, subject to the following exclusions:- (a) any proposal where the number of objec�ons outnumber those in support, by six or more (mul�ple objec�ons from one person or one household will count as one objec�on), and (b) any proposal which is referred to the Reporter as set out in Regula�on 8 of ‘The Local Authori�es’ Traffic Orders (Procedure) (Scotland) Regula�ons 1999’. Chief Officer (Legal and Democra�c) Legal Manager 56.11 To implement traffic calming and road hump schemes under the terms of the Roads (Scotland) Act 1984 subject to the exclusion below:- any proposal where the number of objec�ons outnumber those in support by six or more Chief Officer (Place) 56.12 To carry out the func�ons of the Joint Road Safety Officer in conjunc�on with the Chief Constable Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Page 61 of 90
Page 62
Page 53 of 65 No. Delega�on Officers with Delegated Authority Assistant Business Managers, Roads and Transporta�on 56.13 To carry out the following functions of the Council in terms of the Roads (Scotland) Act 1984:- • to exercise the func�ons of the Council under Sec�on 12 in rela�on to the Stopping Up or Diversion of roads crossing or entering routes of proposed new roads, and • to exercise the func�ons of the Council under Sec�on 152(2) to re-determine the means of exercise of a public right of passage over a road Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on 56.14 To make arrangements for the management of car parks etc. including granting the use of parts thereof to other persons or bodies and, following consultation with the Chief Officer (Finance), the imposition or waiving of charges for such use Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on 56.15 A�er consulta�on with the Chief Constable, to consider and, where acceptable in road safety terms, to approve loca�ons for adver�sements on road safety barriers and similar structures Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 56.16 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 79 and, a�er consulta�on with the Chief Officer (Legal and Democra�c), to nego�ate terms and enter into agreements with bridge owners in rela�on to future maintenance obliga�ons Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on 56.17 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 15 in rela�on to the comple�on of necessary works on private roads occasioned by an emergency (other than an emergency cons�tuted by a danger as defined in Sec�on 91) • Under Sec�on 51 in rela�on to the authorisa�on and withdrawal of authorisa�on for the plan�ng and maintenance of trees, shrubs, grass or other plants within a public road Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Team Leaders Page 62 of 90
Page 63
Page 54 of 65 No. Delega�on Officers with Delegated Authority • Under Sec�on 57 in rela�on to the preven�on or termina�on of dangerous works or excava�ons in or under a public road • Under Sec�on 56 in rela�on to the authorisa�on of works and excava�ons in or under a public road • Under Sec�on 58 in rela�on to the gran�ng of permission for the deposit of building materials on roads • Under Sec�on 59 in rela�on to the control of obstruc�on in roads • Under Sec�on 60 in rela�on to the issuing of consent for marking, ligh�ng and fencing obstruc�ons on roadworks and for shoring buildings requiring protec�on in similar circumstances • Under Sec�on 63 in rela�on to the imposi�on of the requirement to construct new accesses across road verges or footways where appropriate • Under Sec�on 64(2) in rela�on to the issue of consent to statutory undertakers for work on footways, footpaths or cycle tracks in connec�on with their apparatus in terms of Sec�on 64(1) (b) • Under Sec�on 85 in rela�on to gran�ng permission for the loca�on of builders’ skips on roads • Under Sec�on 86 in rela�on to the removal or reposi�oning of any builders’ skip which is causing, or is likely to cause, a danger or obstruc�on • Under Sec�on 87 in rela�on to the removal from roads of unauthorised structures and consequent reinstatement of the site • Under Sec�on 89 in rela�on to the removal of accidental obstruc�ons from roads • Under Sec�on 91 in rela�on to the preven�on of danger by the removal of roadside vegeta�on • Under Sec�on 92 in rela�on to gran�ng consent for plan�ng trees or shrubs within five metres of the edge of the made up carriageway 56.18 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 18 in rela�on to the adop�on of footpaths associated with development • Under Sec�on 21 in rela�on to applica�ons for construc�on consent Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Page 63 of 90
Page 64
Page 55 of 65 No. Delega�on Officers with Delegated Authority • Under Sec�on 23 in rela�on to Stopping Up or temporarily closing any new road constructed without consent or in contraven�on of or in non-compliance with a condi�on imposed by a construc�on consent • Under Sec�on 35(1) and (4) and a�er giving no�ce in terms of Sec�on 35(5) in rela�on to the provision of road ligh�ng and related structures • Under Sec�on 66 in rela�on to enforcing maintenance of vaults, cellars and related structures within the vicinity of a road • Under Sec�on 67 in rela�on to enforcing safety provisions countering outward opening doors, gates, windows, window shuters or bars interfering with the safety or convenience of road users • Under Sec�on 83 in rela�on to the preven�on of sight obstruc�ons in the view of road users • Under Sec�on 88 in rela�on to the removal of projec�ons interfering with safe or convenient passage along a road • Under Sec�on 90 in rela�on to the gran�ng of consent for fixing or placing over or across a road any overhead bridge, beam, rail, pipe, cable, wire or other similar apparatus • Under Sec�on 93 in rela�on to the protec�on of road users from dangers near a road • Under Sec�on 94 in rela�on to the infill of a dangerous ditch adjacent to or lying near a road • Under Sec�on 96(1) in rela�on to the issue of a cer�ficate in respect of extraordinary expenses in repairing roads damaged by heavy vehicles etc. • Under Sec�on 97 in rela�on to the issue of consent for trading • Under Sec�on 99(2) in rela�on to the issue of consents to persons undertaking works or excava�ons necessary to ensure compliance with Sec�on 99(1) • Under Sec�on 99(3) in rela�on to the service of no�ces on owners or occupiers requiring works or excava�ons to be undertaken to ensure compliance with Sec�on 99(1) Assistant Business Managers, Roads and Transporta�on 56.19 To carry out the following functions of the Council in terms of the Road Traffic Regulation Act 1984:- Depute Chief Execu�ve Chief Officer (Community Opera�ons) Page 64 of 90
Page 65
Page 56 of 65 No. Delega�on Officers with Delegated Authority • Under Sec�on 14 in rela�on to the temporary prohibi�on or restric�on of traffic on roads • Under Sec�on 65 in rela�on to the placing of traffic signs • Under Sec�on 68 in rela�on to the placing of traffic signs in connec�on with the exercise of other powers of the authority as defined in sub-sec�on 1 thereof • Under Sec�on 69 in rela�on to the removal of unauthorised signs Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Team Leaders 56.20 To carry out the following functions of the Council in terms of the Road Traffic Regulation Act 1984:- • Under Sec�on 71(1) in rela�on to the power to enter land in connec�on with the placing of traffic signs Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 56.21 To carry out the following functions of the Council in terms of the New Roads and Street Works Act 1991:- • Under Sec�on 109 in rela�on to permission to execute roadworks • Under Sec�on 110 in rela�on to the prohibi�on of unauthorised roadworks Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Team Leaders, Roads and Transporta�on 56.22 To carry out the following functions of the Council in terms of the New Roads and Street Works Act 1991:- • Under Sec�on 115 in rela�on to direc�ons as to the �ming of works • Under Sec�on 124 in rela�on to safety measures at roadworks • Under Sec�on 125 in rela�on to avoidance of unnecessary delay or obstruc�on • Under Sec�on 131 in rela�on to powers of roadworks authority in rela�on to reinstatement • Under Sec�on 135 in rela�on to liability for cost of temporary Traffic Regula�on Orders made under Sec�on 14 of the Road Traffic Regula�on Act 1984 • Under Sec�on 136 in rela�on to liability for cost of alterna�ve route Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Team Leaders Page 65 of 90
Page 66
Page 57 of 65 No. Delega�on Officers with Delegated Authority • Under Sec�on 140 in rela�on to duty to maintain apparatus • Under Sec�on 149 in rela�on to provisions as to reinstatement of sewers, drains or tunnels 56.23 To carry out the func�ons of the Council under Sec�on 12 of the Goods Vehicles (Licensing of Operators) Act 1995 to raise an objec�on to an applica�on for a Goods Vehicle Operator’s Licence Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 56.24 To act as Engineer, to be responsible for the appointment of an Engineer’s representative, and to be responsible for the control of contracts under the Institution of Civil Engineers Conditions of Contract with the exception of exercise of the Employer’s powers Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Roads Design Manager 56.25 To act as Project Manager, to be responsible for the appointment of a Supervisor and to be responsible for control of contracts under the NEC Engineering and Construction Conditions of Contract with the exception of exercise of Employer’s powers and of power, under Clause 14.2 of those Conditions, to further delegate functions under Clauses 90 and W2.4(4) thereof Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on Enterprise Projects Manager Senior Project Manager Road Design Manager Project Development Manager 56.26 After consultation with Chief Officer (Legal and Democratic) to authorise the promotion and confirmation of Orders for the Stopping Up or Diversion of roads, footpaths or bridleways in terms of Sections 207 and 208 of the Town and Country Planning (Scotland) Act 1997 Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 56.27 After consultation with the Chief Officer (Legal and Democratic) to agree terms for Bridge Agreements, with Network Rail Infrastructure Limited, or their legal successors, and terms of discharge of the Council’s liability for annual maintenance and renewal charges in that connection Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Page 66 of 90
Page 67
Page 58 of 65 No. Delega�on Officers with Delegated Authority 57 Schools (incl. pre-school and Addi�onal Support Needs) 57.1 To carry out the consulta�on process in accordance with the terms of the Schools (Consulta�on) (Scotland) Act 2010 Depute Chief Execu�ve Chief Officer (Strategic Communica�on and Engagement) Chief Officer (Educa�on) 57.2 To determine the dates of local school holidays a�er consulta�on with the appropriate trade unions Depute Chief Execu�ve Chief Officer (Educa�on) 57.3 To decide early entry requests for entry to primary educa�on in terms of the Standards in Scotland's Schools etc. Act 2000 Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager (Contracts) 57.4 To determine applica�ons from schools for foreign visits during school terms and to approve the atendance of appropriate staff as required by the recognised staffing ra�o Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Managers 57.5 To make provision for North Lanarkshire schools, music groups and spor�ng teams, including the provision of equipment and the recruitment of members Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Managers (Con�nuous Improvement Service) Heads of Establishment 57.6 To implement the whole func�on of the Scheme of Management delega�on Heads of Establishment 57.7 To determine the Scheme of Management delega�on to Heads of educa�onal establishments in terms of the Standards in Scotland Schools etc. Act 2000 and in accordance with other Council policies Depute Chief Execu�ve Chief Officer (Educa�on) 57.8 To make contracts with private and voluntary sector establishments for the provision of pre-school educa�on in terms of the Educa�on (Scotland) Act 1980 as amended and the Standards in Scotland's Schools etc. Act 2000 Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager 57.9 To make appropriate arrangements to iden�fy and provide for children with addi�onal support needs in terms of the Educa�on (Addi�onal Support for Learning) (Scotland) Act 2004 and the Educa�on (Addi�onal Support for Learning) (Scotland) Act 2009 including placement in establishments not under the management of the authority Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager Principal Psychologist Page 67 of 90
Page 68
Page 59 of 65 No. Delega�on Officers with Delegated Authority 57.10 To exercise the powers available to the Council as Educa�on Authority in terms of Sec�on 23 of the Educa�on (Scotland) Act 1980 with regard to the provision by the Council of educa�on for pupils belonging to the areas of other educa�on authori�es and to pay the approved fees to any other educa�on authority which has provided educa�on for pupils normally resident in the area of North Lanarkshire but who are, for various reasons, placed in schools outwith North Lanarkshire Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager Principal Psychologist 57.11 To determine all placing requests in line with Council policy and to ensure that all appropriate transport arrangements are made Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager 57.12 To establish the capacity of individual schools Depute Chief Execu�ve Chief Officer (Educa�on) 57.13 To approve self-help building adapta�on proposals from Heads of Establishment subject to the approval of the Chief Officer (Asset and Procurement) and in adherence with contract and financial regula�ons Depute Chief Execu�ve Chief Officer (Educa�on) 57.14 To implement the schools PPP contract with Transform Schools North Lanarkshire including the approval of payments and se�ng of penal�es Depute Chief Execu�ve Chief Officer (Educa�on) 57.15 To ensure the provision of appropriate facili�es, meals or refreshments to school pupils in line with Sec�on 53(3) of the Educa�on (Scotland) Act 2003 and the Educa�on (School Meals) (Scotland) Act 2003 Depute Chief Execu�ve Chief Officer (Educa�on) 57.16 To make appropriate refreshment provision for pre-school children atending an authority establishment on a whole day basis Depute Chief Execu�ve Chief Officer (Educa�on) 58 School Transport 58.1 To make arrangements for the provision of home to school transport for school pupils and pre-school children in line with Council policy, including the appointment of escorts and atendants as required Depute Chief Execu�ve Chief Officer (Educa�on) 58.2 To approve the agency agreement with Strathclyde Passenger Transport for the procurement and monitoring of home to school transport, including the financial arrangements, in consulta�on with the Chief Officer (Assets and Procurement) Depute Chief Execu�ve Chief Officer (Educa�on) 59 Social Work (General) Page 68 of 90
Page 69
Page 60 of 65 No. Delega�on Officers with Delegated Authority 59.1 To carry out the func�ons of the Council in terms of the relevant sec�ons of the Social Work (Scotland) Act 1968 under which the Council is required to promote Social Welfare by making available advice, guidance and assistance on such a scale as may be appropriate for its area: (a) To make loans or grants in accordance with Notes of Guidance approved by the Council up to a limit of £1,000 in any one month in respect of any one family or child. (b) To give any other appropriate assistance, including provision for the storage of furniture in cases of emergency. in calcula�ng the amount given or lent for the purposes of this provision, account should be taken of any addi�onal payment made in terms of Sec�on 12 otherwise authorised Chief Officer, Health and Social Care Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Health and Social Work Managers Chief Officer (Adult Social Work Services) Locality Social Work Managers, Adult Social Work Care Group Managers, Community Care Service Managers, Adult Social Care Senior Educa�on and Family Manager (Social Work) Educa�on and Family Manager (Social Work) 59.2 To implement MAPPA Guidance in assessing and managing risks posed by certain offenders and to jointly establish arrangements for the assessment and management of the risks posed by any person who, under Part 2 of the Sexual Offences Act 2003 has been: (a) convicted on indictment of an offence inferring personal violence and is subject to a supervised release order (b) released from imprisonment or detention or under supervision by an order or licence (c) acquitted of an offence inferring personal violence on the ground of insanity and is subject of a restriction order made in respect of discharge orders (d) prosecuted on indictment for such an offence but found to be insane (e) considered by the responsible authorities to be a person who may cause serious harm to the public at large Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Jus�ce Senior Educa�on and Family Manager (Social Work) Educa�on and Family Manager (Social Work) 59.3 To work with the responsible authori�es and draw up a memorandum se�ng out arrangements to co-operate with each other and ensure such arrangements are established, implemented and reviewed and that persons subject to such arrangements are appropriately monitored. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Jus�ce Service Manager, Jus�ce Locality Social Work Managers, Children, Families and Jus�ce Page 69 of 90
Page 70
Page 61 of 65 No. Delega�on Officers with Delegated Authority 59.4 To enter into agreements with other local authori�es in respect of Social Work services used by more than one local authority Chief Officer (Health and Social Care) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 59.5 To delegate to such officers of the Council as are registered Social Workers, as they may determine, for such �mes and during such periods, as they may determine, power to discharge the responsibili�es of the Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) 59.6 To authorise or approve and execute on behalf of the Council individual support agreements with individual service users up to an annual value of £100k Chief Officer, Health and Social Care Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 60 Social Work (Adult) 60.1 To carry out the func�ons of the Council in terms of the following Sec�ons of the Adult with Incapacity (Scotland) Act 2000. (a) Under Part 3 – Access to Funds - where it becomes known that an adult whose capacity is impaired, where concerns exist about their ability to manage their financial affairs and there is no other appropriate person(s) willing or able to do this on their behalf or to give considera�on to using the access to funds scheme. Once it is clear that interven�on is appropriate Access to Funds Case Conference should be convened. Final decisions will be made by the Locality Social Work Manager on behalf of the Council (b) Under Part 3 - To seek that Treasury managers issue bank mandates which will enable the council to open and manage “designated accounts” in the name of North Lanarkshire Council in favour of an adult who is unable to manage their own financial affairs (c) Under Part 6 - To apply for an Interven�on or Guardianship order where no other person has, or is likely to apply, in order to safeguard the adult’s personal welfare or financial affairs Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Senior Educa�on and Family Manager (Social Work) Educa�on and Family Manager (Social Work - Jus�ce) Page 70 of 90
Page 71
Page 62 of 65 No. Delega�on Officers with Delegated Authority 60.2 To carry out the func�ons of the Council in terms of the Adult Support and Protec�on (Scotland) Act 2007. (a) Sec�on 51 (1) – to act on direc�ons from Sco�sh Ministers on who will act as Council Officers under the Act (b) To carry out the func�ons of the Council in terms of the Adult Support and Protec�on (Scotland) Act 2007 and the related Code of Prac�ce (excluding those func�ons prescribed by sec�ons 5-10 16, 40, 42 and 43) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Senior Educa�on and Family Manager (Social Work) Educa�on and Family Manager (Social Work - Jus�ce) 60.3 To enter into agreements with other local authori�es in respect of Social Work services used by more than one local authority Chief Officer, Health and Social Care Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 61 Social Work (Children and Young People) 61.1 To carry out the func�ons of Council in terms of the Social Work (Scotland) Act 1968 Chief Officer (Health and Social Care) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Children and Families Health and Social Work Managers 61.2 To carry out the func�ons of the Council in terms of Sec�on 143 of the Children’s Hearings (Scotland) Act 2011 which outlines the responsibility of the Council to transfer a child subject to a supervision requirement in cases of urgent necessity Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) 61.3 To carry out the relevant func�ons of the Council in rela�on to the adop�on of children in terms of the Children (Scotland) Act 1995 (excluding those func�ons prescribed by sec�ons 19, 20, 21, 26A and 27), the Adop�on (Scotland) Act 1978 and the Children’s Act 1975 (excluding those func�ons prescribed by sec�ons 34, 39, 40 and 50) and the Adop�on and Children (Scotland) Act 2007 (excluding those func�ons prescribed by sec�ons 1, 4, 5, 6, 9, 10, 11, 12, 19, 26, 45, 47, 48, 49, 51, 71, 80, 90, 99, 101 and 105) and associated Adop�on Agencies (Scotland) Regula�ons 2009 Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Children and Families Service Managers, Children and Families Locality Social Work Managers, Children, Families and Jus�ce 61.4 Following the appointment by the Council of an Adop�on, Fostering and Family Placement Panel in terms of paragraph 7(1) of the Adop�on Agencies (Scotland) Regula�ons 1996, and Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Page 71 of 90
Page 72
Page 63 of 65 No. Delega�on Officers with Delegated Authority paragraph 3(1) the Adop�on Agencies (Scotland ) Regula�ons 2009 to carry out the remaining func�ons of the Council as local authority under the regula�ons Chief Officer/Head of Service (Adult Social Work Services) 61.5 Following the appointment by the Council of an Adop�on, Fostering and Family Placement Panel in terms of paragraphs 3(1) of the Adop�on Agencies (Scotland) Regula�ons 2009 and paragraph 17(1) of the Looked A�er Children (Scotland) Regula�ons 2009 to carry out the remaining func�ons of the Council as local authority under those regula�ons Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 61.6 To consider and determine recommenda�ons by the Adop�on, Fostering and Family Placement Panel for assistance with legal fees (up to an amount considered reasonable by the Chief Officer (Legal and Democra�c) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Children and Families 61.7 To consider and determine recommenda�ons by the Adop�on, Fostering and Placement Panel in terms of the Adop�on Support Services and Allowances (Scotland) Regula�ons 2009 for assistance in terms of post adop�on support either in kind or financial support Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Children and Families Service Managers, Children and Families 61.8 To exercise the powers conferred on the Council by the Curators ad litem and Repor�ng Officers (Panels) (Scotland) Regula�ons 2001 with regard to the appointment of persons to Panels of Curators ad litem and Repor�ng Officers for the purposes of Sec�on 108 of the Adop�on and Children (Scotland) Act 2007 Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 61.9 A�er consulta�on with the respec�ve Convener and Vice-Convener, to authorise payment to foster carers or other carers of children looked a�er by the Council, in terms of Sec�on 26 of the Children (Scotland) Act 1995, of special fostering allowances, up to a maximum of double the ordinary allowance or such other maximum as is agreed by Commitee, considered necessary to avoid hardship to a family in financing the construc�on of addi�onal accommoda�on required to provide for the foster or other children concerned and subject to a report to the Commitee as soon as possible therea�er the amount of the special allowance so authorised Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Children and Families 61.10 To consider and determine recommenda�ons by the Adop�on, Fostering and Family Placement Panel and Foster Carer Review Panels in terms of paragraphs 25 of the Looked A�er Children (Scotland) Regula�ons 2009 and paragraph 10 of the Adop�on Agencies (Scotland) Regula�ons 2009 to review original decisions made in connec�on with fostering and adop�on maters Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Page 72 of 90
Page 73
Page 64 of 65 No. Delega�on Officers with Delegated Authority 62 Sports Ground Safety 62.1 To act as, and to appoint, authorised officers for the purposes of Sec�on 11 of the Safety of Sports Ground Act 1975 and the Fire Safety and Safety at Places of Sports Act 1987 who may enter a sports ground at any reasonable �me, make an inspec�on and enquiries rela�ng to the stadium as considered necessary for the purposes of those Acts and examine records of atendance at the ground and records rela�ng to the maintenance of safety at the ground Chief Execu�ve Depute Chief Execu�ve Chief Officer (Legal and Democra�c) Chief Officer (Asset and Procurement) Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Officers 63 Teaching Staff 63.1 To determine premature re�rement requests from Teachers in accordance with guidelines approved by the Council taking account of the financial implica�ons Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager (Personnel) 63.2 To determine leave of absence requests with salary to enable teachers to undertake relevant courses provided the decision does not give rise to part-�me educa�on in schools Depute Chief Execu�ve Chief Officer (Educa�on) 63.3 To approve the atendance of staff on foreign youth exchange visits where the Council requires to be represented Depute Chief Execu�ve Chief Officer (Educa�on) Community Learning and Inclusion Manager 63.4 To determine the staffing structure in educa�onal establishments in accordance with the policies approved by the Council and to arrange for the appointment of staff Depute Chief Execu�ve Chief Officer (Educa�on) Heads of Establishment 63.5 To transfer teaching staff in accordance with the policy approved by the Council and, where appropriate, to pay transfer expenses Depute Chief Execu�ve Chief Officer (Educa�on) Page 73 of 90
Page 74
Page 65 of 65 No. Delega�on Officers with Delegated Authority 63.6 To exercise the discre�onary powers available in implementa�on of condi�ons of service in rela�on to teachers in employment of the Council Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager 63.7 To authorise the employment of teachers in receipt of occupa�onal pensions where necessary to ensure the provision of educa�on Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager 63.8 To grant unpaid leave of absence up to a maximum of two years to enable teachers to undertake voluntary service in other world countries in accordance with any guidelines from �me to �me approved by the Council Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager 63.9 To authorise teachers to take up temporary posi�ons outwith North Lanarkshire and to appoint teachers from elsewhere to posts in North Lanarkshire on a temporary basis Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager 63.10 To make staffing appointments to approved posts taking account of the current financial posi�on Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager 63.11 To agree with the Roman Catholic Church the arrangements for the approval of teachers in Roman Catholic schools Depute Chief Execu�ve Chief Officer (Educa�on) Educa�on and Families Manager Page 74 of 90
Page 75
North Lanarkshire Council Report North Lanarkshire Council Does this report require to be approved? ☐ Yes ☒ No Ref GMcL/JW Date 05/10/23 Enhancing statutory public consultation on reconfiguration of early learning and childcare and primary education in the west area of Cumbernauld From Gerard McLaughlin, Chief Officer Education E-mail mclaughling@northlan.gov.uk Telephone 01236 812221 1. Background 1.1 On 12 September 2023, Education, Children and Families Committee agreed that a statutory consultation should take place on proposals to reconfigure early learning and childcare and primary education in the West area of Cumbernauld. Executive Summary This report provides proposals to further enhance elements of the previously agreed statutory consultation process in relation to the reconfiguration of early learning and childcare and primary education in the west area of Cumbernauld. The proposals are designed to improve and encourage stakeholder engagement in the process by: • Ensuring proposals are separated into their component parts. • Providing additional information specific to each establishment. The proposals also aim to enhance the consultation by including timescales for any possible involvement by Government ministers in line with relevant legislation. Recommendations It is recommended that Council: (1) Endorse the enhanced consultation process detailed at Appendix 1. The Plan for North Lanarkshire Priority Enhance participation, capacity, and empowerment across our communities Ambition statement (20) Improve the involvement of communities in the decisions, and development of services and supports, that affect them Programme of Work Transforming Places Item 5 Page 75 of 90
Page 76
1.2 The consultation will be held in accordance with the Schools Consultation (Scotland) Act 2010. 1.3 Since Committee approval, the service has received further information which it believes has the potential to enhance the consultation process prior to commencement, minimise the risk of delay and ensure that stakeholders have improved clarity on the technical aspects of the proposals and as such are able to make a full and informed contribution to the process. 2. Report 2.1 Proposed amendments to the formal consultation document are shown in highlighted text at Appendix 1. These amendments provide clarity on each separate element of the proposal and their impacts, provide additional information/data on each establishment and clarify potential educational benefits. 2.2 The report also takes account of any potential ministerial involvement and the time required for any subsequent committee reporting on outcomes. 2.3 This awareness of the potential for an extended timeline also creates the opportunity for additional local engagement with parents on the operational details of any changes to provision which may happen as a result of these proposals. 3. Measures of success 3.1 Improved clarity for stakeholders on our consultation proposals leading to more complete engagement and the ability to express views. 3.2 The accommodation of any ministerial involvement without unnecessary delay in reporting consultation outcomes. 4. Supporting documentation Appendix 1 – Revised and updated Consultation Document (Proposals for statutory public consultation on the reconfiguration of early learning and childcare and primary education in the West area of Cumbernauld. Name Gerard McLaughlin Title Chief Officer Education (North) Page 76 of 90
Page 77
5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Relevant legislation has been reviewed with Legal and Democratic. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Page 77 of 90
Page 78
Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The additional information will provide further clarity for stakeholders. 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 78 of 90
Page 79
Appendix 1 Statutory Consultation Proposals for statutory public consultation on the reconfiguration of Early Learning and Childcare and primary education in the West area of Cumbernauld EDUCATION AND FAMILIES Page 79 of 90
Page 80
SUMMARY OF PROPOSALS It is proposed that: The existing Baird Memorial Primary School will close, and mainstream education provision will transfer to the existing Condorrat Primary School. Baird Primary ASN nursery provision will discontinue and transfer on a phased basis to alternative provision. The catchment area for Condorrat Primary will be realigned to encompass the existing catchment area for Baird Primary. Existing GME provision for both nursery and primary stages within Condorrat Primary will be discontinued and re-established within the former Baird Primary campus. DISTRIBUTION The schools affected by this proposal are: • Baird Memorial Primary School and ASN Nursery • Condorrat Primary School and associated GME provision A copy of this document is available on the North Lanarkshire Council website. All stakeholders will be directed to the consultation area including: • Parent Councils • All parents at both schools and nursery • All staff at both schools and nursery • Pupils at both schools • Local early years partner providers • Trade Union Representatives • Local Community Boards • Education Scotland • Bord na Gaidhlig Printed copies will be available from North Lanarkshire Council Education Children and Families. LEGISLATIVE BACKGROUND The proposals are set within the context of applicable legislation including the requirement to secure adequate and efficient provision of school education (Education (Scotland) Act 1980) and to endeavor to secure improvement in the quality of the school education (Standards in Scotland’s School Act 2000). Under the Scottish Government Urban Rural Classification both Baird Primary and Condorrat Primary are classified as urban areas. Page 80 of 90
Page 81
1. INTRODUCTION North Lanarkshire Council is committed to ensuring that our available resources are managed effectively and efficiently. This includes working to deliver the best possible educational experience for our learners. On Tuesday 12 September 2023, North Lanarkshire Council Education, Children and Families Committee agreed to the commencement of a statutory consultation on the reconfiguration of learning provision within Baird Memorial Primary and Nursery and Condorrat Primary. No decision will be taken by the council on the proposals contained within this document until the end of the consultation period. The consultation focuses on the closure of the current Baird Memorial Primary, phased discontinuation of the ASN Nursery provision within Baird Primary, the realignment of Baird Memorial Primary catchment area to Condorrat Primary, the cessation of Gaelic Medium Education provision within Condorrat Primary School and establishment of GME provision within the Baird Memorial Primary buildings. Condorrat and Baird Memorial Primary Schools are in the former village of Condorrat, which is now included in the new town of Cumbernauld. Both are non-denominational education settings. There is 0.4 miles walking distance and 0.6 miles driving distance between the two school buildings, and both are associated with Greenfaulds High School. The school capacity of the Condorrat Primary School is 342 with the current roll of 93 English-speaking pupils and 145 pupils within GME. Condorrat Primary School was opened in 1974, the Gaelic education provision was opened in 1997. The school capacity for Baird Memorial Primary is 291, with a current role of 183. Baird Memorial Primary School was opened in 2004. In session 2022/23 there were 23 placing requests with 48% coming from the Condorrat area. In session 2023/24 there were 8 placing requests with 50% coming from the Condorrat area. The current mainstream nursery is provided at Condorrat Primary, with morning provision for Gaelic-speaking children and afternoon provision for English speaking provision. Both current provisions in Condorrat have a capacity of 24 children. There are 15 children in the Gaelic provision for academic session 2023/24. Baird Memorial School has an ASN nursery provision which currently has 24 children. This is the capacity of the nursery. The proposals do not impact on secondary provision at the associated Greenfaulds High School. 2. CONSULTATION REQUIREMENTS 2.1 In terms of the Schools (Consultation) (Scotland) Act 2010, the Education Authority is required to publish details of, and consult on any proposal to establish a new school; make changes to the provision of Gaelic medium education; close a school or nursery; Page 81 of 90
Page 82
and on any proposal to establish, terminate or otherwise alter the catchment area of a school. 2.2 North Lanarkshire Council will not make any decision, or put any changes into effect, until the consultation period has been concluded in line with statutory requirements. 2.3 The consultation period will be a minimum of 42 days or 6 weeks, which includes 30 school days. It begins on 6th November 2023 and finishes on 18th December 2023. 2.4 The consultation will involve pupils, parent/carers, Parent Councils, and staff of the schools involved, as well as other associated stakeholder and statutory consultees. 2.5 A public meeting will be held on week beginning 27th November 2023. 2.6 Council officers will be present at the public meeting to discuss the proposal. There will be limited time at the meeting to discuss all issues fully. To ensure that all issues are covered and that those who may be uncomfortable with speaking publicly are heard, advance notice of specific questions or issues to be raised will be accepted in writing up to two days in advance of the meeting – see contact details at 2.9. 2.7 At the end of the consultation process, a report will be prepared for North Lanarkshire Council detailing all responses received, summaries of their content and a statement from Education Scotland on the educational aspects of the proposal. Responses to the issues raised through the consultation will also be incorporated in the report. Copies of the report will be available, prior to consideration by the council, in the affected schools and online. It is envisaged that the report will be published on week beginning 4th March 2024. 2.8 An online version of the document and other items related to the consultation can be found online at North Lanarkshire site to be created by mid-October 2023 2.9 Further information on the proposal can be obtained by sending an email to a specific email address which will be communicated to parents following the September weekend. 2.10 All interested parties are invited to submit their comments on or before 18th December 2023. 3. PROPOSALS The effect of the proposals is to align education in the West area of Cumbernauld to one primary education establishment and a separate GME establishment. This enables two term time provisions for early learning and childcare, for both English medium and Gaelic medium. Condorrat is the proposed Primary establishment, as it has capacity (342) for all English speaking pupils and growth in school roll. The combined roll of Baird memorial is currently 276 for academic session 2023/24. Baird Memorial had a capacity of 291. It would therefore meet capacity of the GME provision. For session 2023/24 there are 145 pupils within GME. Its early learning and childcare has the capacity of 24 and will be able to offer a term time learning day for children. The current ASN nursery within Baird Memorial would be discontinued and provided for within Family Learning Centres (FLC), which are Page 82 of 90
Page 83
closer to the children’s community and locality. 3.1 The combined proposals in this document seek to consult on the reconfiguration of Early Learning and Childcare and primary education in the West area of Cumbernauld. This is detailed in relation to the Primary Schools of Baird and Condorrat and their associated Early Years and childcare provision and Gaelic medium Education located in the area. Baird Memorial Primary School and ASN Nursery Class • To close Baird Memorial Primary School for all primary aged children from end of June 2024. • Transfer the provision of mainstream education and school catchment area to Condorrat Primary School from August 2024. Children due to start Primary 1 in August 2024 will enrol at Baird Primary School for the start in August 24, with transition events planned for June 2024 within Condorrat Primary School. • To close the ASN nursery to new entrants from August 2024. With the provision being phased out by June 2025 or at an earlier date when current children have reached school age. • ASN children would be allocated to settings closer to home, in one of the ASN Family Learning Centres established across the council. Each of these setting has additional capacity. Condorrat Primary School, GME and Nursery Class • Realign the school’s catchment area to include what is the current Baird Memorial catchment. All non-denominational primary aged children would attend Condorrat Primary from the new catchment area from August 2025. • Gaelic Medium Education (GME) pupils in both early learning and childcare and primary education would discontinue in Condorrat and move to the site of the current Baird Memorial Primary School. • English speaking Early Learning and Childcare would offer an enhanced model within Condorrat Primary School. Offering increased choice for families. • GME early learning and childcare would offer an enhanced model within the current Baird Memorial Primary School. Offering increased choice for families. If there is a ministerial call in to the closure proposals, then all dates would be adjusted by 12 months, to enable a conclusion to the consultation. 3.2 If, following this statutory consultation on the reconfiguration of Early Learning and Childcare and primary education in the West area of Cumbernauld, then the statutory planning process will be followed as required. Prior to that, all establishments will continue to operate on their current sites. 4. EDUCATION BENEFITS STATEMENT 4.1 Through the planned proposals it is expected that several education benefits will be achieved on behalf of children and young people in all education establishments. These will include: • Improved access to high quality facilities. The proposal provides the Page 83 of 90
Page 84
opportunity to enhance the digital provision for the learning community, to recognise and encompass both, the Council’s operating model for town and community hubs, and the diverse use of the building and its spaces. • To strengthen leadership, provide greater depth and breadth of staffing and enhance the offering to primary aged children. • The proposal provides the opportunity to review and enhance access to high quality planned outdoor learning experiences. • Strengthened practice in pedagogy and learning and teaching, which enhances the consistency of learning experience for all children. • Strengthened transition arrangements at all key points of transition, under the leadership of a single head teacher. • Increased opportunities for professional learning and sharing good practice, through strengthened workforce arrangements. • Strengthening the after-school hours learning opportunities offered to all children within the community. • Increased immersion within GME through the establishment of a separate school. • Enabling children with the greatest need within ASN to be educated closer to their local community FLC. • Providing full day, term time learning for children in both English Medium and Gaelic Medium early learning and childcare. 4.3 Improved high-quality facilities for learning will be designated in such a way as to allow a range of teaching styles and approaches, including active learning, interdisciplinary learning, and outdoor learning. 4.4 The curriculum will provide the opportunity for learners to achieve across all curricular areas and to develop skills, attributes and capabilities aligned with the design principles of Curriculum for Excellence: challenge and enjoyment, breadth, progression, depth, personalisation and choice, coherence, and relevance. 4.5 Children and young people will be provided with a broad range of opportunities for personal achievement and interdisciplinary learning across all curricular areas by building on best practice in curriculum design in North Lanarkshire Schools. 4.6 The development of a separate school for GME will increase the inclusion that can be offered from ELC through to Primary 7. This hub will also increase places available through GME within North Lanarkshire and further empower the model of GLE across the cluster and locality. This enables North Lanarkshire to continue to meet its obligations under the Gaelic learning (Scotland) Act 2010 and the Education (Scotland) Act 2016. 4.7 The proposal would see increased flexibility of the ELC provision and patterns of attendance for both children in the English-speaking medium and Gaelic-speaking medium. 5. COMMUNITY IMPACT 5.1 Baird Primary School is being considered for closure. Mainstream primary Education provision for the area would be within Condorrat Primary School. Gaelic Medium Education is not being considered for cessation. This would be delivered in what is currently the Baird Memorial Building. There will be no negative impact on local, social or economic activities through the proposal. Page 84 of 90
Page 85
5.2 Opportunities would be maximised through the proposal to integrate with the wider community and support local events/initiatives. 5.3 Current community use of facilities will not change. The proposal provides the opportunity to strengthen current community use of buildings and facilities. 5.4 To ensure full planning, work will now be done between Education and Families and Enterprise and Communities to: • Assess the impact on community use. • Assess the budget implications income streams. • Engage effectively/co-producing the approach with communities/users. 6. IMPLICATIONS OF THE PROPOSALS 6.1 Transport to School Council policy currently provides free transport to those pupils living more than one mile from their zoned Primary School or where an appropriate walking route is not available. Education & Families will arrange for an updated assessment of pupil walking routes in line with existing road safety criteria. Transport is currently provided for all pupils within GME as part of the specialist provision. 6.2 Implications for Staff The proposal should not have significant implications for staffing, either teaching or non-teaching. It is expected that staff will transfer to one of the educational establishments. Pupil teacher ratios will guide class structures. These will inform the Head teacher in creating new classes if the proposal is approved. The consultation will include Trade Unions. Any matter which arises will be dealt with within the terms of local and national agreements. 6.3 Secondary Education The current zoning arrangement for secondary education is that pupils attending both Condorrat and Baird Memorial Primary Schools attend Greenfaulds High School. No change to the primary to secondary transfer arrangements will be required as a result of this proposal. Parents who wish their children to attend an alternative secondary school will require to submit a placing request for their preferred school as per current arrangements. 6.4 Class Sizes - Class structures are decided by the head teacher in accordance with authority and national guidelines and take account of a range of factors, including teacher deployment, school policies, learning needs, the available accommodation and pupil numbers at each stage. The Head Teacher will allocate classes based on the above criteria and in accordance with national class size guidance. 6.5 Future use of the existing school buildings Education & Families will as part of this consultation look to use Baird Memorial’s existing building as the new Gaelic Medium Education hub. This will not require building Page 85 of 90
Page 86
adaptations. 6.6 Financial implications Cost implications have been considered for these proposals in line with Scottish Government guidance on the closure and merger of schools. Current levels of budget for provision at Baird Memorial Primary will remain and transfer to Condorrat Primary. Given there is no substantive change to operations or service delivery, it is concluded that although technically the provision of Primary education within Baird Memorial is ceasing, spend will remain stable across key budgets including this in relation to: - Employee costs (support and teaching staff). - Building costs (insurance, energy, water and sewerage, cleaning, and maintenance). - Operational costs (Catering, licensing, materials, apparatus, and equipment). - Transport. - Other Property Costs (rates, grounds maintenance) 6.7 Placing Requests - The proposal will re-zone the catchment of Condorrat Primary School, to include that of the current Baird Memorial Primary. The proposal will be communicated at point of enrollment in January 2024. It is anticipated that there will be no impact on pupils attending either school on a placing request. The following options exist for pupils in this position. Firstly, they can transfer to the new school. Secondly, they can enroll in their designated catchment area school or thirdly, submit a placing request to another School. The parents of these pupils will be given the opportunity to discuss their preference with Education & Families staff. Parents remain responsible for transport costs where an existing placing request to the new build school is continued. 6.8 Alternatives to the proposal Alternative possibilities have been considered including: - Continuing the status quo - Closing Condorrat Primary and relocating to Baird Memorial Primary These have been discounted for the following reasons: Government guidance within “Scotland’s Learning Estate Strategy” states that schools should be well-managed and maintained and make best use of existing resources, occupancy and capacity to deliver best value. 7. EQUALITY IMPACT ASSESSMENT & CHILDREN’S RIGHTS AND WELLBEING IMPACT An Equality Impact Assessment AND Children’s Rights and Wellbeing Impact Assessment with both be completed and published as part of the proposal. In line with the Schools (Consultation) (Scotland) Act 2010 both assessments will be published with the consultation proposal for all stakeholders. Access to this Page 86 of 90
Page 87
information will be shared through the education establishments and on the North Lanarkshire Website. 8. INACCURACIES OR OMISSIONS 8.1 There is a statutory requirement for the Council to consider any allegation of an inaccuracy or omission in the proposal paper and determine whether the allegation has foundation. Where inaccuracies or omissions are notified to, or discovered by, the Council within this proposal document, the Council will determine if relevant information has, in its opinion been omitted or whether there is in fact an inaccuracy. Notifiers of any omissions or inaccuracies will be informed of the Council’s decision and the reasons for that decision. Notifiers will also be informed of any action. The Council will invite the notifiers to make further representations to the Council should they disagree with the Council’s determination or its decision as to whether to take action. 8.2 If the Council has found, either itself or through a concern being raised, that there is an inaccuracy or omission in the proposal paper, it must decide whether this relates to a material consideration relevant to the proposal. Where the confirmed inaccuracy or omission relates to a material consideration, there is a duty on the Council to correct it. 8.3 Appropriate action will then be taken by the Council depending on whether the inaccuracy or omission relates to a material consideration. Such action may include withdrawing the proposal and issuing a revised proposal paper for the whole consultation period, or issuing a corrected proposal paper with, if, an extension of the consultation period. In any of these eventualities, all relevant consultees (and, where applicable, the notifier(s) of any omissions or inaccuracies) and HMIE (Education Scotland) will be advised of the action. Where inaccuracies or omissions are discovered within the proposal document, the Council will determine whether relevant information has been omitted or if there has been an inaccuracy. action will then be taken by the Council, which may include issuing corrections, issuing a corrected proposal document, or an extension of the consultation period. In any of these eventualities, all relevant consultees (and where applicable, the notifiers(s) of any action) will be advised. 8.4 Notifiers of any omissions or inaccuracies will also be given the opportunity to make representations if they disagree with the Council’s determination of any action on the matter, which may result in the Council making a further determination/decision on the matter. 9. THE STATUTORY CONSULTATION PROCESS – ADDITIONAL INFORMATION ON CONSULTATION ARRANGEMENTS 9.1 The current requirements for consulting are set out in the Schools (Consultation) (Scotland) Act 2010. This consultation will be carried out in accordance with the Act. 9.2 This consultation has been planned to meet the statutory requirements. 9.3 The consultation document sets out the details of the proposals. • The proposal paper details the educational benefits of the proposals and other relevant information. Page 87 of 90
Page 88
• The proposal paper will be published and widely advertised. • North Lanarkshire Council will seek to determine whether there are inaccuracies or omissions within the proposal paper and take such action as it considers necessary. • The consultation period will be a period of at least 6 weeks including at least 30 school days. 9.4 Prior to the commencement of the consultation period, the authority will give notice of the proposals to the relevant consultees. The relevant consultees are defined in the Schools (Consultation) (Scotland) Act 2010, and are as follows: (a) The parent council or combined parent council of any affected school (b) The parents of the pupils at any affected school (c) The parents of any children expected by the education authority to attend the affected school within two years of the date of publication of the proposed paper (d) The pupils at any affected school (in so far as the education authority considers them to be of suitable age and maturity) (e) The staff (teaching and other) at any of the affected school(s) (f) Any trade union which appears to the education authority to be representative of the persons mentioned above (g) The community council (if any) (h) The community planning partnership (within the meaning of section 4(5) of the Community Empowerments (Scotland) Act 2015 for the area of the local authority in which any affected school is situated (i) Any other community planning partnership that the education authority considers relevant (j) Any other education authority that the education authority considers relevant (k) Bord na Gaidhlig (l)) Any other users of any affected school that the education authority considers relevant. 9.4 During the consultation period, the authority will hold and be represented at public meetings on the relevant proposal. 9.5 The council will involve Education Scotland and Bord na Gaidhlig in the consultation process. This will culminate in Education Scotland preparing and submitting an independent report on the educational aspects of the proposal. 9.6 Following the consultation period, the council will prepare and publish a consultation report. The report will be published at least three weeks before a final decision is taken on the proposal. 9.7 The consultation timeline provides further information on the timescales for various staged in the statutory process. Please click on the link below to share your views on the proposal (Ctrl + Click to follow link) 10.0 Consideration of Consultation Response Page 88 of 90
Page 89
10.1 The Council will review the proposal having regard to the Education Scotland Report, survey results, written representations and oral representations made at public meetings. 10.2 The Council will publish a report on outcomes including responses received. This will also include the Council’s response to Education Scotland’s Report on the consultation. 11.0 DECISION MAKING 11.1 The Council will consider the published report, via the appropriate committee, and decide on whether the proposals are implemented. 11.2 As part of the consultation process, Scottish Government Ministers will have a right to call in the decision should they feel it necessary to do so following notification of the decision by the Council. 11.3 Beginning on the day that the final decision is taken, the Council has a period of six working days to notify Scottish Minister of the decision. Scottish ministers then have a period of eight weeks from and including the date of decision to decide if they will call in the proposal. The Council must publish the fact that the Scottish Ministers have been notified and that representations can be made to the Scottish Ministers will consider any relevant representations that were made to them by any person within the first three weeks. The Council may not proceed with the implementation of the proposal until this eight-week period has passed. 11.4 If the Scottish ministers decide to call in a closure proposal, it is then referred to the Convener of the School Closure Review Panels who has a period of seven days after a call-in notice is issued to constitute a School Closure Review Panel. The Panel may decide to refuse consent to the proposal, refuse consent and remit it to the education authority for a fresh decision or grant consent to the proposal, either subject to conditions or unconditionally. The Panel must notify the education authority of its decision with eight weeks from when the panel was constituted or within 16 weeks if the panel has issued a notice to the education authority that a decision has been delayed. The Council may not proceed with the implementation of the proposal until the outcome of the call-in has been notified to the Council. Page 89 of 90
Page 90
Appendix 1 Indicative Timeline for Amalgamation of Condorrat and Baird Memorial Primaries and ELC and the relocation of GME. Stages Timeline Date Committee Date 12th September 2023 Consultation Starts Phase 1 Minimum of 6 weeks To include 42 calendar days 6th November 2023 Public Meeting Mid way through consultation Week Beginning 27th November 2023 Consultation Ends 42 Days 18th December 2023 Report to Education Scotland Phase2 3 weeks 11th January 2024 Education Scotland produce report 3 weeks 15th February 2024 Consultation report published Phase 3 No specified timescale Week beginning 4th March 2024 Time for further consideration 3 weeks from publication date 8th April 2024 Final Committee Decision Notification of closure to Government Ministers 21st May 2024 Note: the timescale for the implementation of the proposal is subject to potential extension to accommodate any ministerial call in. See sections 11.3 and 11.4 above. Page 90 of 90