Govererance Arrangements Report 26 September 2024
Renfrewshire Council · 26 September 2024
Back to Council — 26 September 2024 and its agenda
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To: Council On: 26 September 2024 Report by: Director of Finance and Resources Heading: Governance Arrangements 1. Summary 1.1 The report seeks approval from Council for proposed amendments to the Scheme of Delegations in respect charitable donations of equipment or furniture, the issuing of a Body of Persons approval and decisions on major events to be marked by the flying of flags from Council buildings, and by the lighting of Council buildings/property. 2. Recommendations Council is asked to: 2.1 Approve the changes to the Scheme of Delegated Functions as set out in the report. 3. Background –Amendment to Scheme of Delegated Functions 3.1 At the Council’s meeting of 28 April 2022, the Council agreed a new delegation to the Director of Environment, Housing & Infrastructure to determine, in written consultation with the Heads of Corporate Governance and Facilities & Property Services, the Provost and political group leaders, which major events deserving of recognition in respect of which flags are to be flown from Council buildings. That delegation was amended to include consultation with independent Members at the Council’s meeting of 29 February 2024. Also at that meeting, a new delegation was agreed in respect of the lighting of Council buildings and property. 3.2 Since those delegations were agreed the Council agreed a motion on the
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flying of the Palestinian flag. The said decision prompted a number of public enquiries as to the Council’s processes for decisions on what flags are flown and when. Having reviewed matters, it is suggested that given the potentially political considerations it is not appropriate for such decisions to be made by a single officer even under consultation with nominated Elected Members. Accordingly, it is proposed that the delegation be removed, and the matter revert to a decision to be made by Council. Similar considerations apply in respect of the lighting of Council buildings and property, and it is therefore suggested that delegation also be removed. It is suggested that the original delegation in respect of when flags should be flown at half-mast should remain. 3.3 There is an existing delegation to the Director of Children’s Services and appropriate Heads of Service to issue licences in terms of the Children (Performance and Activities) (Scotland) Regulations 2014. These regulations cover situations where children are performing in public shows within the Council area and require the event organiser to submit an individual application for each child involved in the event. However, under the terms of section 37(3)(b) of the Children and Young Persons Act 1963 a Body of Persons application can be submitted where a number children are involved, removing the requirement for individual applications. Currently there is no delegation allowing officers to consider such an application. It is therefore proposed that the existing delegation be amended to include such applications. The revised delegation would read as follows: “21. To issue licences in terms of the Children (Performances and Activities) (Scotland) Regulations 2014 or to approve a Body of Persons under the terms of section 37(3)(b) of the Children and Young Persons Act 1963 in respect of performances given under arrangements made by them.” 3.4 In reviewing the Scheme of Delegations it has been noted that there is an existing delegation to the Chief Executive, in consultation with the Provost, to make financial donations to charities. However, there is no existing delegation that would currently allow officers to make donations of redundant furniture, fittings or equipment. This means that such items are required to be recycled (where possible) or otherwise disposed of. It is therefore suggested that the Scheme of Delegations be amended to insert a new delegation at Section Five B to the Chief Executive, all Directors (including the City Deal & Infrastructure Programme Director) and the Chief Officer, Renfrewshire Health & Social Care Partnership), Heads of Service and other Senior Officers as follows: “46 To make arrangements for the safe disposal of redundant furniture, fittings and equipment, including donating same to local groups, bodies or individuals where appropriate.” And that the remaining paragraphs are renumbered accordingly.
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Implications of the Report 1. Financial – none 2. HR & Organisational Development – none 3. Community/Council Planning – none 4. Legal – none 5. Property/Assets – The report seeks a new delegation to officers to allow donation of redundant furniture, fittings and equipment. 6. Information Technology – none 7. Equality & Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report as it deals with amendments to the Council’s existing Scheme of Delegations. 8. Health & Safety – none 9. Procurement – none 10. Risk – none 11. Privacy Impact – none 12. CoSLA Policy Position – none 13. Children’s Rights – The Report seeks to make a change to an existing delegation in line with appropriate legislation covering children’s performances. 14. Climate Risk – n/a List of Background Papers None Author: Mark Conaghan, Head of Corporate Governance 0300 300 0287; mark.conaghan@renfrewshire.gov.uk